Book J_5!2= COPVRIGHT DEPOWT x32^X**Ci^i:^^«^^'^'T^^y^ THE LIFE CtEN. ANDREW JACKSON, SEVENTH PRESIDENT OF THE UNITED STATES, AN APPENDIX: Containing the most important of His STATE PAPERS, BY JOHN S. JENKINS, A. M., iUTHOR OF "new clerk's ASSISTANT," "POLITICAL HISTORY OF NEW-YORK," &.C. AUBURN, N. Y.: PUBLISHED BY J. C. DERBY & CO. 1847. E ■2,"^'^ .3^-^ Entered according to Act of Congress, in the year eighteen hundred and forty-seven, by J. C. DERBY & CO., in the Clerk's Office of the District Court of the United States for the Northern District of New-York. J. 0. MERRELL & CO., PRINTERS, AUBURN, N. T. LIFE OF GENERAL ANDREW JACKSON WITH AN appendix: CONTAINING HIS IMPORTANT STATE PAPERS. PEEFACE. The following Memoirs hardly require an intro- duction to the American reader. The life of Andrew Jackson is so intimately connected with the history of the country, that the careful student of the one, will not rest satisfied, until he is able fully to under- stand and appreciate the other. Whatever may be the views entertained in regard to his merits as a warrior, or his abilities as a statesman, his conduct in both capacities was such as must necessarily command attention. His admirers will always be eager to discover some new object for their remem- brance and regard ; while those who are unwilling to approve his course, either in the camp or the cabinet, will feel impelled, from curiosity, if from no other motive, to examine the incidents of his memorable life. There are many features in his character, and those by no means of the least im-- 8 PREFACE. portance, which all will deem worthy of commenda- tion ; and none can be so much influenced by the prejudices which have survived the termination of his earthly career, as to withhold the appropriate tribute of their respect. A large portion of the matter to be found in these pages has been heretofore published, in different shapes. While the writer has not hesitated to make free and liberal use of such materials as were within his reach, both the language and the arrangement have, in all cases, been so modified and changed, as to harmonize with his desire of giving to the public, a fair, candid, and impartial life, of the dis- tinguished citizen and soldier whose name appears on the title-page of the volume. But little merit, therefore, is claimed on the score of originality ; and if those for whom it has been prepared, are in any degree gratified by its appearance, the labor be- stowed upon it will be amply rewarded. An attempt has been made, which it is hoped may not be regarded as altogether unsuccessful, to present a full and complete account of the early his- tory of General Jackson, his campaigns against the PREFACE. 9 Indians, his brilliant achievements during the war of 1812, and his official acts as governor of Florida. A general outline of his administration of the na- tional government is also given ; but for reasons which must be obvious, the space devoted to this purpose is comparatively brief Less could not have been said, without marring the completeness of the work; and, on the other hand, had the text been more full and explicit, political sympathies and affinities might have been manifested, which ought to be carefully concealed. Several of the state papers of General Jackson, and his patriotic letter to Commodore Elliott, are added to the work, in an Appendix. Each paper has been carefully compared wi(h an authentic copy of its original, and is believed to be faith- ful and correct. It is probable that many read- ers might desire a more extensive collection from his messages ; but those should recollect that it is extremely difficult to gratify every taste, and that the size of the volume would not have permitted such additions. CONTENTS. CHAPTER I. TAGE 1767. Introductory remarks — Birth and parentage of Andrew Jackson — His early life — Influence of his mother — War of the Revolution — Colonel Buford surprised and defeated — Martial spirit of the colonists — Andrew Jackson joins the American army — Heroic conduct in defending Captain Lands — Surprise of the Waxhaw settlers at their rendezvous — Escape and cap- ture of Jackson — His stratagem to prevent the seizure of Thompson — Imprisonment at Camden — His release, and death of his brother and mother — Pecuniary difficulties — Commences the study of the law — Is licensed to practice — Appointed So- licitor for the western district of North Carolina — Arrival at Nashville. 1789 17 CHAPTER II. 1789. Early settlements on the Cumberland — Hardships en. dured by Jackson, in the discharge of his official duties — Escape trom the Indians — His presence of mind — Adventures in the wilderness — Locates at Nashville — Fruitless attempts to intimidate him — Indian depredations — Becomes acquainted with Mrs. Robards — His marriage — A member of the Ten- nessee convention — Chosen a senator in Congress — His re- si^ation, and appointment as a judge of the Supreme Court —Firmness and decision of character as a judge — Difficulty with Governor Sevier — Resigns his office, and devotes him- self to agricultural pursuits. 1804 • 29 H 33 CONTENTS. CHAPTER III. PAGE j1804. Fondness of General Jackson for horses — Duel with Dickinson — Forms a mercantile partnership — Pecuniary diffi- .culties — Adventure with the Choctaw agent — Affray with Colonel Benton — Their subsequent friendship for each other — Hostilities with Great Britain— Declaration of war in 1812 — Jackson raises a volunteer force — Their services accepted by government — Ordered to embark for Natchez — Arrival of the troops, and order to disband them — His disobedience of orders — Attempt of General Wilkinson to prevent the return of the volunteers — Object of the order — Jackson's decision exhibited — Shares the privations of the soldiers on their home- ward march — Return, and disbandment of his force. 1813 . 42 CHAPTER IV. 1813. Depredations committed by the Creeks on the borders of Tennessee and Kentucky — Attack on Fort Mimms — Pre- parations for war — Jackson calls out tjie volunteers and militia — Address to the troops — Takes the field — Enforces strict military discipline — Rapid march to Huntsville — Delay in for- warding supplies — Thwarted in his movements by General Cocke — Jealousy of the latter — Scarcity of provisions — Efforts of Jackson to procure supplies — Address to the soldiers on entcrino; tiie enemy's country — Arrival at the Ten Islands — Difficulty with tlie contractors — Destitute condition of the army — Battle of Tallushatchee — Humanity of Jackson — His adoption of an Indian boy. 1813 55 CHAPTER V. 1813. Erection of Fort Strother, and' establishment of a depot on the Coosa — Continued difficulties growing out of the move- ments of General Cocke — Battle of Talladega — Gallant con- duct of Colonel Carroll and Lieutenant-Colonel Dyer — Desti- tution of the army — Generosity and benevolence of Jackson — His e.xample in submitting to privations — Anecdote of the acorns — Discontent among the troops — Mutiny suppressed by his firmness and resolution. — His appeal to the contractors to furnish supplies — Answer to the overtures of peace made by the Hillabee tribes — Efforts to raise additional troops — Letter to his friend in Tennessee — Demand of the volunteers to be discharged, on the ground that their term of service had ex- pired — Reply of Jackson — His unflinching determination — Suppression of the mutmy , and return of the volunteers. 1813, 63 CONTENTS. 13 CHAPTER VI. PAGE 1814. Arrival of recruits — Battle of Emuckfaw — Return of the army. — Ambuscade of the enemy — Battle of Enotochopco — Bravery of General Carroll and Lieutenant Armstronlrong heart, whether it beat beneatli the surplice of the i'riest, or the rough haljiliments of the back-woodsman. An opportunity v.-as soon aflbrded, for hiiu iu gratify his ardent desire of mingling in the deadly slriie which had imbrued the American soil vi'ith blood. South Carolina was invaded by the British, under General Prevost, in 1771>, and in the month of May of the following year. Co- lonel Buford and about four hun^d mert- under his com- mand were overtaken by Colonel Tarlelon, who had been dtspatched to cut off" the party by Lord Cornuallis, with a force of seven hundred men, and an indiscriminate slaughter ensued, although little or no resistance was of- fered. Many begged for quarter in vain. The only an- swer was a stroke of the sabre, or a thrust of the bayonet. This act of atrocious barbarity was followed by others of a similar character. Men could not sleep in their own houses unguarded, without danger of surprise and murder. Even boys, who were stout enough to carry muskets, were induced, by a regard for their own safety, as well as from inclination, to incur the dangers of men. Young Jackson and his brothers had their guns and horses, and were almost always in company with some armtd })arty of their kindred or neighbors. Hugh, who was the eldest of the three, was present at the baitle of Stono, and lost his life, from the excessive heat of the weather and the fatigue of the day. Shortly after this event, Mrs. Jackson retired before the invading army, with her two remaining sons, Robert and Andrew, into North Carolina. She remained ATTEMPTED StTRFRISE OF CAPTAIN LANDS. 21 there but a short time, and, on returning to the Waxhaws, b^th Robert and Andrew joined the American army, and •vvVre present at the battle of Hanging Rock, on the sixth of August, 1780, in which the corps to which they be- lonWd particularly distinguished itself. In the month of September, Mrs. Jackson and her sons, Avith most of the Waihaw settlers, were again compelled to retire into North Carolina ; from which they returned in February, 1781, as soon as they heard that Lord Cornwallis had crossed the Yadkin. It was during the trying scenes of this period of the revolutionary struggle, that Andrew Jackson gave the first illustration of that quickness of thought, and prompt- itude of action, which afterwards placed him in the front rank of military commanders. A Whig captain, named Lands, who had been absent from home for some time, desired to spend a night with his family. Robert and Andrew Jackson, with one of the Crawfords, and five others, constituted his guard. There were nine men and seven muskets. Having no special apprehensions of an attack, they lay down on their arms, and, with the ex- ception of a British deserter, who was one of the party, went to sleep. Lands' house was in the centre of an enclosed yard, and had two doors, facing east and west. Before the east door stood a forked apple-tree. In the southwest corner of the yard were ^ corncrib and stable under one roof, ranging east and west. On the south was a wood, and through it passed the road by which the house was approached. A party .of Tories became apprized of Lands' return, and determined to surprise and kill him. Approaching through the wood, and tying their horses behind the stable, they divided into two parties, one advancing round the east end of the stable towards the east door of the house, and the other round the west end towards the west door. At this moment, the wakeful soldier, hearing a noise in the direction of the stable, went out to see what was the matter, and perceived the party which were en- tering the yard at the east end of the building. Running back in terror, he seized Andrew Jackson, who was near- -«» LIFE OF JACKSON. est the door, by the hair, exclaiming, " The Tories are upon us." Our young hero ran out, and, putting his gun through the fork of the apple-tree, hailed the approachirg band. Having repeated his hail without an answer, and perceiving the party rapidly advancing and but a few rods distant, he fired. A volley was returned, which killed the soldier, who, having aroused the inmates of the house, had followed young Jackson, and was standing near him. The other band of Tories had now emerged from the west end of the stable, and mistaking the discharge of the advance party, then nearly on a line between them and the apple- tree, for the fire of a sallying party from the house, com- menced a sharp fire upon their own friends. Thus both parties were brought to a stand. Young Andrew, after discharging his gun, returned into the house ; and, with two others, commenced a fire from the west door, where both of his companions were shot down, one of them with a mortal wound. The Tories still kept up the fire upon each other, as well as upon the house, until, startled by the sound of a cavalry bugle in the distance, they betook themselves to their horses, and fled. The charge was sounded by a iVIajor Isbel, who had not a man with him, but, hearing the firing, and knowing that Lands was at- tacked, he gave the blast upon his trumpet to alarm the assailants. The British commander, having been advised of the return of the Waxhtw settlers, despatched Major Coffin, with a corps of light dragoons, a company of infantry, and a considerable number of Tories, for their capture and destruction. Hearing of their approach, the settlers ap- pointed the Waxhaw meeting-house as a place of rendez- vous, and about forty of them, among whom were the two Jacksons, had assembled there on the day appointed, and were waiting for a friendly company under Captain Nisbett, When the enemy approached, their commanding officer placed the Tories in front, in order to conceal the dragoons ; and the little band of settlers were completely deceived by the stratagem. Supposing the reinforcement for which they had been waiting was approaching, they were prepared to welcome them as friends, but the mo- TAKEN PRISONER BY THE BRITISH 23 merit after they discovered their unfortunate mistake. Eldven of the number were taken prisoners, and the rest sought for safety in flight. The two Jacksons were amohg those who escaped, and temporarily eluded pur- suit. They remained together during the ensuing night, and on the approach of morning concealed themselves in a thicket on the bank of a small creek, not far from the house of Lieutenant Crawford, who had been wounded and made prisoner. Becoming very hungry, they left their horses in the wood, and ventured out to Craw- ford's for food. But a party of Tories, who were well acquainted with the country, and the passes through tlie forest, unfortunately passed the creek, in the mean time, at the very point where the horses and baggage had been left ; and, guided by one of their number, whose name was Johnson, they approached the house, in com- pany with a small body of dragoons, and presented them- selves at the door, before the young Jacksons were aware of their approach. Resistance and flight were alike hopeless, and neither was attempted. Mrs. Crawford, with several children, one of whom was at the breast, were the inmates of the house. A scene of destruction immediately took place. All the glass, crockery, and other furniture, were dashed in pieces. The beds were ripped open, and the feathers scattered to the winds. The clothmg of the whole family, men, women, and children, was cut and torn into frag- ments. Even the children's clothes shared the fate of the rest. Mercy for the wife and little ones of a hus- band and father, who was already wounded and in their hands, and doomed to imprisonment, if not death, touched not the hearts of these remorseless men, and no- thing was left to the terrified and wretched family, but the clothes they had on, and a desolate habitation. No attempt was made, by the British otRcer commanding, to arrest this destruction. While it was in progress, he ordered Andrew Jackson to clean his muddy boots. The young soldier refused, claiming to be treated with the respect due to a prisoner of war. Instead of admiring this manly spirit in one so young, the cowardly ruffian struck at his 24 LIFE OF JACKSON. head with his sword ; but, throwing up his left hand, the intended victim received a gash upon it, the scar of which he carried to the grave. Turning to Robert Jackson, the officer ordered him to perform the menial task, and, re- ceiving a like refusal, aimed a furious blow at his head also, and inflicted a wound from which he never recovered. After these exhibitions of ferocity, the party set Andrew Jackson upon a horse, and ordered him, on pain of instant death, to lead them to the house of a well-knoAvn Whig, by the name of Thompson. Apprehending that Thomp- son was at home, it occurred to his young friend that he might save him by a stratagem. At that Time, when men were at home, th(;y generally kept a look-out to avoid sur- prise, and had a horse ready for flight. Instead of leading the party by the usual route, young Andrew took them through woods and fields, which brought them over an eminence in sight of the house, at the distance of half a mile. On reaching the summit, he beheld Thompson's horse tied to his rack, a sure sign that his owner was at home. The British dragoons darted forward, and, in breathless apprehension, Andrew Jackson kept his eye upon Thompson's horse. With inexpressible joy, he saw Thompson, while the dragoons were still a few hundred yards distant, rush out, mount his horse, dash into the creek which ran foaming by, and in a minute ascend the opposite bank. He was then out of pistol shot, and as his pursuers dared not swim the rapid stream, he stopped long enough to shout execration and defiance, and then rode leisurely off. Andrew Jackson and his brother, with about twenty other prisoners, were mounted on captured horses, and started for Camden, over forty miles distant. Not a mouth- ful of food, or drop of water, was given them on the route. The streams v/hich they forded had been swollen by re- cent rains ; but when they stooped to take up a little wa- ter in the palms of their hands, to assuage their burning- thirst, they were ordered to desist by the brutal guard. Arrived at Camden, they were confined, with about two hundred and fifty other prisoners, in a redoubt surround- ing the jail, and overlooking the country to the north. No IMPRISONMENT AT CAMDEN. 25 attention was paid to their wounds or their wants. They had no beds, nor any substitute ; and their only food was a scanty supply of bad bread. They were robbed of a portion of their clothing, taunted by Tories with being re- bels, and assured that they would be hanged. Andrew Jackson himself was stripped of his jacket and shoes. With a refinement of cruelly, the Jacksons and their cou- sin, Thomas Crawford, two of them severely wounded, were separated as soon as their relationship was known, and kept in perfect ignorance of each other's condition or fate. In aggravation of their sufferings, the small-pox made its appearance among them. Not a step was taken to stay its progress or mitigate its afflictions. Without physicians or nurses, denied even the kind attentions and sympathy of relatives who were fellow-prisoners, their keepers left them to perish, not only without compassion, but with apparent satisfaction. One day Andrew Jackson was sunning himself in the entrance of his prison, when the officer of the guard, ap- parently struck with his youthful appearance, entered into conversation with him. With characteristic energy, the fearless lad described to him the condition of the pri- soners ; and among the rest, their sufferings from the scantiness and bad quality of their food. Immediately meat was added to their bread, and there was otherwise a decided improvement. The Provost was a Tory from New York; and it was afterwards alleged that he with- held the meat he had contracted to supply for the support of the prisoners, to feed a gang of negroes, which he had collected from the plantations of the Whigs, with intent to convert them to his own use. During the confinement of the Waxhaw prisoners at Camden, General Greene made his unsuccessful attack on the British forces at that post under Lord Rawdon. The American army was encamped on Hobkirk's Hill, about a mile distant, and in full view of the redoubt in which the prisoners were confined. On the morning of the 24th of April, Andrew Jackson became convinced, from what he saw and heard, that a battle was soon to take place. He was exceedingly anxious to witness the conflict, but the 3 26 LIFE OF JACKSON. thick plank fence that extended around the redoubt, com- pletely shut out the view of the surrounding country. Determined that he would not be foiled in his wish, he set himself at work with an old razor-blade, which had been given to the prisoners to eat their rations with, and by working the greater part of the night, he contrived to cut one of the knots out of a plank, and through this obtained a view of Greene's encampment, and of the san- guinary struggle which took place on the following day. In a few days after the battle before Camden, the two Jacksons were released, in pursuance of a partial exchange effected by the intercessions and exertions of their mother, and Captain Walker of the militia. While he was con- fined in prison, Robert had suflered greatly from the wound in his head which had never been dressed. Inflamma- tion of the brain soon after ensued, which brought him to his grave, in a few days after his liberation. The mo- ther also, worn out with anxiety and soh'citude for her chil- dren, and her incessant efforts to relieve the sufferings of the prisoners who had been brought from her own neigh- borhood, was taken sick, and expired in a few weeks, near the lines of the enemy in the vicinity of Charleston. These repeated afrlictions were keenly felt by young Jackson, and it was some time before he entirely reco- vered from the shock occasioned by so sudden a bereave- ment. He was tenderly attached to his mother and bro- ther, and as they were his only relatives, their death must have been a severe blow to him. The buoyancy of youth, however, enabled him to bear up manfully against mis- fortune, and he soon after entered into the enjoyment of his estate, which, though small, was sufficient to have given him a liberal education. Unfortunately he had be- come quite intimate with a number of the most polished citizens of Charleston, who had retired to the Waxhaw settlement, during the occupation of that city by the Bri- tish, and had contracted habits, and imbibed tastes, which it was unwise in him to indulge. He accompanied his friends on their return to Charleston ; and, as he deter- mined not to be outdone by his associates, his money was expended so profusely that his whole patrimony was HIS PECUNIARY DIFFICULTIES. 2? soon exhausted, and he was left with nothing but a fine horse which he had taken from the Waxhaws. The ani- mal itself was at length staked against a sum of money, in a game of " rattle and snap." Jackson won the game ; and, forming a sudden resolution, he pocketed the money, bade adieu to his friends, and returned home. This occurrence look place in the winter of 1784, and immediately after his return to the Waxhaws, Jackson collected the remains of his little property, with the in- tention of acquiring a profession, and preparing himself to enter on the busy scenes of life. After pursuing the study of the languages, and other desultory branches of education, under Mr. McCuUoch, in that part of Carolina which was then called the New Acquisition, near Hill's Iron Works, for several months, he concluded to abandon the pulpit for which he had been designed by his mother, and embraced the legal profession. In pursuance of this determination, he repaired to Salisbury, in North Carolina, and commenced the study of the law, under Spruce McCay, Esq., afterwards one of the judges of that state, and sub- sequently continued it under Colonel John Stokes. Hav- ing remained at Salisbury until the winter of 1786, he obtained a license from the judges to practice law, and continued in the state until the spring of 1788. As an evidence of the estimation in which his talents were at that time held by the influential men of North Carolina, he soon after received from the governor the appointment of Solicitor for the western district of that state, of which the present state of Tennessee then formed a part. The observations he was enabled to make while en- gaged in the study of his profession, had convinced him that North Carolina presented few inducements to a young attorney ; and recollecting that he stood solitary in life, without relations to aid him in the outset, when innumer- able difficulties arise and retard success, he determined to seek a new country. But for this he might have again returned to his native state. The death, however, of every relation he had, had wiped away all those endear- ing recollections and circumstances which attach the mind to the place of its nativity. The western district of the as LIFE OF Jackson. state was often spoken of, as presenting flattering prospects to adventurers, and his official appointment in that quarter happened quite opportunely to enable him to carry out his intention of visiting that section of the country. In the year 1788, at the age of twenty-one years, he ac- companied Judge McNairy, who was going out to hold the first Supreme Court that had ever sat in the district. Having reached the Holston, they ascertained that it would be impossible to arrive at the time appointed for the ses- sion of the court ; and therefore took up their residence, for some time, at Jonesborough, then the principal seat of justice in the western district. They recommenced their journey, in October, 178'J, and passing through an ex- tensive uninhabited country, reached Nashville in the same month. SETTLEMENTS ON THE CUMBERLAND. 29 CHAPTER II. 1789. Early settlements on the Cumberland — Hardships endured by Jackson, in the discharge of his official duties — Escape from the Indians — His presence of mind — Adventures in the wilderness — Locates at Nashville — Fruitless attempts to intimidate him — Indian depredations — Becomes acquainted with Mrs. Robards — His mar- riage — A member of the Tennessee convention — Chosen a senator in Congress — His resignation, and appointment as a judge of the Supreme Court — Firmness and decision of character as a judge — Difficulty with Governor Jt-evier — Resigns his office, and devotes himself to agricultural pursuits. 1604. At the time of the first visit made by Andrew Jackson, to the infant settlements on the Cumberland river, includ- inc;- that at French creek, near the present site of Nash- ville, almost all the settlers were residing in stations, and it was several years before it was entirely safe for them to spread over the country, and live in separate cabins. While the Shawanese from the north were carrying on perpetual war with the settlers in Kentucky, the Chero- kees and Choctaws from the south were wreaking their vengeance on the intruders upon their hunting-grounds in Tennessee. Twenty-two times during this period of danger and blood, did General Jackson, in the performance of his public and private duties, cross the wilderness of two hundred miles, then intervening between Jonesbo rough and the settlements on the Cumberland. The hardships and perils of those journeys it is difficult for travellers at the present day duly to appreciate. In addition to his rider, with a loaded rifle on his shoulder, the patient horse carried upon his back his master's blankets, provisions, and equipments. His food was the foliage of the bushes and the native grass. At a fire kindled from a tinder-box, or the flash of his rifle, the traveller roasted his bacon or wild meat on a stick, and cut 3* 30 LIFE OF JACKSON. it with his hunter's knife, while his fingers served him instead ot' forks. Wrapped in his blanket, with his rifle for a bed-fellow, and his horse standing by, he slept, with no roof to protect him but the boughs of the forest. With- out a water-proof hat or India-rubber coat, he was drenched to the skin by the falling rain. Often when he was hungry with fasting, and a dehcious pheasant, or plump deer was before him, he dared not kill it, lest the report of his rifle should give notice of his presence to a lurking savage. At one time when JacUson was traversing the wilder- ness alone, he came, after night, and amid torrents of rain, to a creek, the noise of whose tumbling waters, already swollen to a great depth, warned him not to attempt cross- ing the ford. Dismounting from his horse, and turning his saddle bottom upward, at the root of a tree, he wrapped his blanket around him, and with his rifle in one hand and his bridle in the other, sal upon it, with his horse stand- ing before him, listening to the roaring stream and the pattering of the raindrops on the leaves of the forest, until the return of day enabled him to proceed. On another occasion, he was in company with three companions, on his way from Jonesborough to the Cum- berland. They arrived, just after dark, at the east side of the Emory, where it issues from the mountains, and dis- covered the fires of a large party of hostile Indians on the opposite bank. The moment the discovery was made, Andrew Jackson, as if by instinct, assumed the direction of the party. He enjoined silence and instant retreat, and having retired some distance into the mountains, directed his companions to quit the road cautiously and at different points, so as to leave no distinct trace behind them, and to reunite, and proceed up the stream, for the purpose of crossing at some ford above and eluding the Indians. Guided by the noise of the waters, they progressed up- Avard among the mountains during the night, and, as soon as it was day, approached the stream. They found it too much swollen to be forded, and too rapid to be swam. Still apprehensive of pursuit, they resumed their march, and about two o'clock in the afternoon reached a place where the stream, ^fter dashing over a rough precipice, INCIDENTS OF THE WILDERNESS. 31 Spread out with a lake-like surface, broken at a short dis- tance below by another cataract. Here the party, not feeling safe until their trail was broken by the intervening stream, determined to attempt a passage. Binding logs and bushes together with hickory withes, they soon con- structed a small raft sufficient to convey three or four men, and affixed two rude oars to the bows, and one as a steer- ing-oar or rudder to the stern. It was cold, March weather, and very important to keep their clothes, blankets, and saddles, as well as their rifles and powder, from getting wet. To that end, it was concluded that Jackson and one of his companions should first cross with every thing but the horses, and that on a second trip, they should be swam over alongside the raft. The craft was freighted accord- ingly, and pushed off from shore ; but in an instant, an irresistible under-current seized the rude flotilla, and hurled it down the stream. For a few moments, Jackson, who was at the oars, regardless of the shouts of his companions, who followed him downward on the bank, struggled with the flood ; but, perceiving that farther effort could only end in destruction, he reversed the direction of the raft, in the hope of reaching the shore he had left. Notwith- standing he exerted all his strength, he was unable to bring it to land ; and although within a few feet, the suck of the cataract had already seized it. A moment more, and the raft, with its passengers, would have been dashed in pieces, when Jackson, wrenching one of his oars from its fastenings, sprung to the stern, and bracing himself there, held it out to his companions ou shore, who seized it, and brought them safe to land. Being reproached for not heeding their first warnings, Jackson coolly re- plied: "A miss is as good as a mile ; you see how near I can graze danger. Come on, and I will save you yet." Re-equipping themselves and horses, they resumed their march up the stream ; and after spending another night, supperless, in the woods, found a ford the next day, and. by a circuitous route, reached a log cabin on the road, about forty miles in the rear of the Indian encampment. At another time, he reached Bean's station, the rendez- vous of a party with whom he was to cross the wilderness, 32 LIFE OF JACKSON. on the evening after they had left. Determined to overtake them, he employed a guide well acquainted with Indian signs and stratagems, and travelled all night. Just before day, they came to the fires where the party had encamped the first part of the night. Following on, they soon dis- covered, by the trail in the road, that a party of Indians, about twenty-two in number, were in pursuit of their friends ahead. They hastened forward rapidly, until they approached so near the Indians that the water, which the weight of their tread had pressed out of the rotten logs, was not yet dry. The guide now refused to proceed ; but Jackson resolved to save his friends, or, at least, hazard his life in the attempt. Dividing provisions, he and his guide proceeded in opposite directions, Jackson cautiously advancing, and watching the tracks of the Indians. At length he saw where they had turned off to the right, probably for the purpose of getting ahead of the party, and attacking them from ambush, or falling upon them in the night. The danger was imminent, and pressing on with increased speed, he overlook his friends before dark. Having crossed a stream which was very deep and partly frozen over, they had halted and kindled fires, at which they were drying their clothes and baggage. Warned of their danger, they immediately resumed their march, and continued it without intt-rmission, during the whole night and the next day. The sky was overcast with clouds, and in the evening it began to snow. While upon the route, they arrived at the lotr cabins of a party of hunters, and requested shelter and protection ; but, contrary to their expectations, for such churlishness was unusual among men of their class, they were rudely refused. The party were therefore compelled to bivouac in the forest. Jackson was weaned with his fatiguing march, and as he had not closed his eyes for two nights, he wrapped him- self in his blanket, and laid down upon the ground, where he slept soundly. When he awoke in the morning, he found himself covered with six inches of snow. The parly resumed their march, and reached their des- tination in safety ; but they afterwards learned that the ESTABLISHES HIMSELF AT NASHVILLE. 33 hunters, who had refused them the hospitality of their cabins, had been murdered by the Indians. In the course of his frequent professional visits made from Jonesborough to the settlement on the Cumberland, the advantages of Nashville as a suitable locality in which to establish himself, attracted Jackson's notice, and he con- cluded to make it his future place of residence. It had not been his original intention to locate permanently in Tennessee. His visit was merely experimental, and his stay remained to be determined by the prospect that might be disclosed : but finding, soon after his arrival, that a con- siderable opening was offered for the success of a young attorney, he decided to remain. To a person of refined feel- ings, the condition of things was far from encouraging. As must be the case in all newly settled countries, society was loosely formed, and united by but few of those ties which have a tendency to enforce the performance of moral duty, and the execution of strict and impartial justice. The young men of the place, who were adventurers from dif- ferent sections of the union, had become deeply indebted to the merchants. There was but one lawyer in the country, and they had so contrived as to retain him in their business ; the consequence was, that the merchants were entirely deprived of the means of enforcing against those gentlemen the execution of their contracts. In this state of things, Jackson made his appearance at Nashville, and, while the creditor class looked to it with great satis- faction, the debtors were sorely displeased. Applications were immediately made to him for his professional ser- vices, and on the morning after his arival, he issued seventy writs. To those prodigal gentlemen it was an alarming circumstance ; their former security was im- paired ; but that it might not wholly depart, they deter- mined to force him, in some way or other, to leave the country ; and to efifect this, broils and quarrels with him were resorted to. In the state of society then existing in Tennessee, there was a grade of men who prided themselves on their courage and prowess, as mere bullies, and were always ready, like the brute beast, to decide the question of su- 34 LIFE or JACKSON. periority, by a fight. Equals in standing, who hated, but dared not encounter the fearless Jackson, stimulated this class of men to attack, in the hope of deoradins;, if they could not destroy him. The first man set u])on him, with scarcely a pretence of provocation, was a flax-breaker of great strength and courage, whom he soon reduced to submission with his own winding-blades, the only weapon within his reach. His next encounter was at a court in Sumner county, v;ith a noted bully whom he did not know. While he was conversing with a gentleman, on business, the bully approached, and without saying a word, placed his heels on Jackson's feet. Pushing him off", Jackson seized a slab, and with a forward thrust upon the breast, brought him to the ground. The interference of the crowd put an end to the conflict ; but the baffled bully, snatching a stake from the fence, again approached with dreadful imprecations. At the earnest entreaty of Jackson, the crowd retired from between them. Poising his slab, he then advanced, with a firm step and steady eye, upon his antagonist, who dropped his stake at his approach, jumped over the fence, and ran into the woods. These attempts to intimidate Jackson in the perform- ance of what he conceived to be his duty to his clients, were found wholly unavailing, and were soon abandoned. His enemies were convinced by the first controversy in which they had involved him, that his decision and firm- ness .were such as to leave no hope of efll'cting any thing through this channel. Disregarding the opposition mani- fested towards him, he continued, with care and industry, to press forward in his professional course ; and his atten- tion soon brought him forward, and introduced him to a profitable practice. The western district of North Caro- lina having been ceded to the national government, and erected into a territory, in 1790, Jackson was appointed, by president Washington, the United States attorney for the new judicial district, in which capacity he continued tft act for several years. The depredations committed by the Indians, in the vici* rity of the Cumberland river, about this time, compeiied every man, of necessity, to become a soldier. Unassisted INDIAN DEPREDATIONS. 85 by the government, the settlers were forced to rely, for security, on their own bravery and exertions. AUhough young, no person was more distinguished than Andrew Jackson, in defending the country against these predatory incursions of the savages, who continually harassed the frontiers, and not un frequently approached the heart of the settlements, which were thin, but not widely extended. Frequent expeditions were undertaken from Nashville against them, in most of which he took part. This state of things continued until 1794, when a large party, among whom was Jackson, attacked and destroyed the Indian town of Nickajak, near the Tennessee river. In these affairs, his courage and gallantry were so conspicuous, that the red warriors gave him the appellation of "Sharp Knife," and the hardy hunters who accompanied him were proud of his friendship and esteem. When Jackson first located himself in Nashville, he boarded, in company with the late Judge Overton, in the family of Mrs. Doneison, a widow lady who had emigrated from Virginia, first to Kentucky, and afterwards to Nash- ville. Mrs. Robards, her daughter, who afterwards be- came the wife of Jackson, was then living in the family with her mother, whom she had followed to Tennessee, on account of the ill treatment which she had received at the hands of her husband, who was dissipated in his ha- bits and of a morose and jealous disposition, while she, on the contrary, was celebrated for her gayety, sweetness, and affability. A short time before Jackson became an inmate of the family, a reconciliation had taken place be- tweenRobards andhiswife'; buta second rupture afterwards occurred, and Robards went to Kentucky. His wife soon learned that he intended to compel her to accompany him, and, in the spring of 1791, with the advice of her friends, she determined to descend the river as far as Natchez, in company with Colonel Stark, who was then making pre- parations for the voyage. At the earnest request of Colo- nel Stark, Jackson piloted his family through the Indian country. After his return, Judge Overton communicated to him the astounding intelligence, that he was the uncon- ^ LIFE OF JACKSON. scious cause of the last separation ; that it arose from Ro- bards' jealousy of him; and that the circumstance of his accompanyinq- Colonel Stark, who was an elderly man, and apprehensive of danger, had been seized upon by Robards as a ground of divorce, in a petition to the Virginia legis- lature. The thought that an innocent woman was sufFering so unjustly on his account, made Jackson's sensitive mind most uneasy and unhappj'. He immediately sought out Robards and expostulated with him, on the uijustice and cruelty of his causeless suspicion ; but the interview ended in mutual defiances. At length news came that the Vir- ginia legislature had actually granted the divorce in ac- cordance with Robards' petition. Forthwith Jackson has- tened to Natchez, and offered his hand and his heart to the innocent and amiable woman, who had been made so un- happy by false and unfounded accusations, in order that he might give the world the highest evidence in his power of her entire innocence. Although free to form a new connection, Mrs. Robards declined the proffered offer. But her suitor was not to be denied. His feelings were warmly enhsted in her favor. His attachment for her Avas ardent and sincere, and when he addressed her in the language of Ruth to Naomi : " Entreat me not to leave thee or to return from following after thee, for where thou goest I will go, where thou lodgest I will lodge, thy people shall be my people, and thy God my God ; where thou diest I will die, and there will I be buried," she found herself unable to resist his importunities, and they were soon afier married and re- turned to Tennessee. On arriving there, it was discovered that all the necessary forms to complete the divorce in Virginia had not been finished at the time of the marriage ; consequently the ceremony was again performed after their arrival" at Nashville. The attachment thus consum- mated was a source of unfailing pleasure to Andrew Jack- son. He was devotedly fond of his wife ; after her decease he cherished her memory with an almost holy reverence ; and he refused the sarcophagus of the Emperor Severus, CHOSEN A SENATOR IN CONGRESS. 37 that he might not be denied the privilege of being buried by her side.* ' In the year 1796, measures were taken by the people of Tennessee to form a state government. The acknow- ledged talent?, patriotism, and decision of character, of Andrew Jackson were not to be overlooked on such an occasion, and without solicitation on his part, he was elected one of the members of the convention to frame a state constitution. His good conduct and zeal for the public interest, and the republican feelings and sentiments which were conspicuously manifested in the formation and arrangement of this instrument, brought him more pro- minently to view ; and, without proposing or soliciting the office, he was in the same year elected a member of the House of Representatives in Congress, for the state of Tennessee. The following year, his reputation con- tinuing to increase, and his constituents generally concur- ring in the wish to elevate him to still higher honors, he was chosen a senator in Congress, and took his seat on the 2-2c\ day of November, 1797. About the middle of April, 179(»», business of an important and private nature im- posed on him the necessity of asking leave of absence, and returning home. Leave was granted, and before the next session he resigned his seat. He was but little more than thirty years of age ; and hence scarcely ehgible by the constitution, at the time he was elected. The sedition law, about which so much concern and feeling had been mani- fested through the country, was introduced into the senate by Mr. Lloyd, of Maryland, in June, 1798, and passed that body on the 4th of July following; hence the name of Jackson, owing to his absence from his seat, does not appear on the journals. At the time of the passage of the alien law, and the effort to repeal the stamp act, he was present, and voted with the minority, in accordance with his well-known republican sentiments. Shortly after his resignation of the office of senator, the legislature of Tennessee, most unexpectedly to himself, conferred upon him the appointment of judge of the Su- * See Appendix, note E. 4 38 LIFE OF JACKSON. preme Court, a station which he accepted with reluctance, and from which he withdrew at an early day. His first court was held at Jonesborough, where an incident oc- curred, illustrative alike of the rudeness of the times and the firmness of the new judge : A man named Russell Bean was indicted for cutting off the ears of his infant child in a drunken I'rolic. He was in the courtyard ; but such was his strength and ferocity, that the sheriff, not daring to approach him, made a return to the court that " Russell Bean will not be taken." Judge Jackson, with his peculiar emphasis, said that such a re- turn was an absurdity, and could not be received. " He must be taken," said the judge, "and, if necessary, you must summon the posse comitatua.''^ The mortified sheriff retired, and waiting until the court adjourned for dinner, summoned the judges themselves, as part of the posse. Conceiving that the object of the sheriff' was to avoid a dangerous service, under cover of the judges' re- lusal to obey the summons, Judge Jackson instantly replied, "Yes, sir, 1 will attend you, and see that you do your duty." Learning that Bean was armed, he requested a loaded pistol, which was put into his hand. He then said to the sheriff': "Advance and arrest him ; I will pro- tect you from harm." Bean, armed with a dirk and brnce of pistols, assumed an attitude of defiance and despera- tion. But when the judge drew near, he began to retreat. "Stop and submit to the law," cried the judge. The cul- prit stopped, threw down his pistols, and replied, "I will surrender to you, sir, but to no one else." This exem- plary firmness and decision of Judge Jackson, in main- taining the supremacy of the law, produced a happy change in the conduct of the turbulent spirits of the vi- cinity. General Jackson was distinguished throughout his whole life for a remarkable fidelity to his friends. This trait in his character was strikingly exhibited in the progress of a serious difficulty between Governor Sevier and himself, which took place in 1&03. A misunderstanding arose between Jackson and his former friend, Judge McNairy, growing out of the agency of the latter in the removal of FIRMNESS AND DECISION AS A JUDGE. 3& General Robertson, one of the oldest and most respected citizens of the state, from the office of agent for the Chicka- saw Indians. One of the consequences of that removal Avas, that a Mr. Searcy, who had emigrated to the country with them, and continued their steadfast friend, lost his office as clerk to the agency, on which he depended for support. Not perceiving any public reasons requiring; this removal, Jackson remonstrated with McNairy on the course he had pursued. An altercation ensued, which produced an alienation never entirely obliterated. This incident added the weight of a respectable and powerful family to the hostile interests already arrayed against him. Among others who became inimical towards him on this account, was .Tohn Sevier, governor of the state. Sevier was very popular, and being a candidate for re- election, in 1803, his exasperation against General Jackson . was imbibed, in the course of the canvass, by the power- ful party which supported him. In East Tennessee it had arisen to a high pitch; and while on his way to Jonesborough to hold his court, in the fall of 1803, he was informed that a combination had been organized to mob him on his arrival. It had no effect but to increase his anxiety to reach his destination. Having been sick on the road, he pushed forward while scarcely able to sit on his horse, and on his arrival at Jonesborough could not dismount without assistance. Having a high fever upon him, he retired immediately to his room, and lay down upon the bed. In a short time a friend called, and in- formed him that a regiment of men, headed by Colonel Harrison, had assembled to tar and feather him, and begged him to lock his door. He immediately rose, threw the door wide open, and said to his friend, "Give my comphments to Colonel Harrison, and tell him my door is open to receive him and his regiment whenever they choose to wait upon me ; and I hope the colonel's chivahy will induce him to lead his men, and not follow them." Upon the delivery of his message, the mob dispersed ; and having apologized for the mconsiderate violence of his conduct, Harrison remained ever after on good terms with General Jackson. 40 LIFE OF JACKSON. His next court was at Knoxville, where the legislature was then in session. They had entered into an investi- gation of certain land frauds which Jackson had done much to defeat, and there was some evidence tending to impli- cate the governor, who consequently became still more highly exasperated, and determined to revenge himself. As Judge Jackson left the court-house on the first day of his court, he found a crowd in front, in the midst of which stood Governor Sevier, with his sword in his hand, ha- ranguing them in a loud voice. As Jackson advanced, the governor turned upon him ; and an altercation en- sued, in Avhich insults were given and retorted. Being repeatedly defied by the governor to meet him in single combat, the general sent him a challenge, which was ac- cepted. But in consequence of difficulties on the part of the challenged party, as to the time and place of meeting, the general published him in the usual form. It was then understood, without any formal arrangement, that they would meet at a place called Southwest Point, within the Indian boundary. Thither the general repaired with a single friend. Having waited a couple of days, without .seeing or hearing of the governor, he resolved to return to Knoxville, and bring the quarrel to a close. He had not proceeded a mile, however, when he saw the governor approaching, escorted b})" about twenty men. He had already prepared another note to the governor, setting forth his manifold grievances, and halting in the road, he sent his friend forward to deliver it. The governor re- fused to receive it. Out of patience with what he con- ceived to be an aggravation of former indignities, the general resolved to end the matter on the spot. He was armed v.-ith a brace of pistols at his saddle-bow, and a cane ; the governor with a brace of pistols and a sword. Advancing slowly until within one hundred yards of the governor, he levelled his cane as ancient knights did their s[)ears, put spurs to his horse, and charged upon his an- tagonist. Astounded at this bold and unexpected move- ment, the governor's friends had not presence of mind enough to interpose ; and the governor himself, dismount- ing to avoid the shock, trod on the scabbard of his sword, RETIRES TO PRIVATE LIFE. 41 and was rendered incapable of resistance. A rally of his attendants prevented any very serious mischief. In the governor's party were gentlemen who were as much the friends of General Jackson as of himself ; and through their intercession, all further hostile intentions were abandoned, and the parties rode on some miles together. On the admission of Tennessee into the union, it com- prised one military division. The death of Major-general Conway, which occurred about this time, created a va- cancy in the office, which was filled by the election of Jackson. This was the only public station he filled for a number of years, as, in 1S04, he sent in his resignation of the judgeship to the legislature, which was accepted in July, about six years after his original appointment. He always distrusted his own abilities as a judge, and was (^ite willing that others should discharge its intricate and re- sponsible duties. Unambitious of obtaining those distinc- tions and honors, which young men are usually proud to possess, and finding too that his circumstances and con- dition in life were not such as to permit his time and at- tention to be devoted to public matters, he determined to yield them into other hands, and to devote himself to agricultural pursuits. He accordingly settled himself on an excellent farm, ten miles from Nashville, on the Cum- berland river, where for several years he enjoyed all the comforts of domestic and social intercourse. Abstracted from the busy scenes of public life, pleased with retire- ment, surrounded by friends whom he loved, and who entertained for him the highest veneration and respect, and blessed with an amiable and aflectionate wife, nothing seemed wanting to the completion of that happiness which he £0 anxiously desired while in office. 4* 43 LIFE OF JACKSON. CHAPTER HI. 1804. Fondness of General Jackson for horses — Duel with Dickinson — Forms a mercantile partnership — Pecuniary difficulties — Adven- ture with ilie Choctaw agent — Affray with Colonel Benton — Their subsequent friendship for each other — Hostilities with Great Britain — Declaration of war iu 1812 — Jackson raises a volunteer force — Their services accepted by government — Ordered to embark for Natchez — Arrival of the troops, and order to disband them — His disobedience of orders — Attempt of General Wilkinson to prevent the return of the volunteers — Object of the order^ — Jackson's de- cision exhibited — Shares the privations of the soldiers on their home- ward march — ileturn, and disbandnient of his force. 1813. General Jackson had a strong' passion for fine horses, and it became a principal branch of his farming business, to raise them from the best blooded stock imported from Virginia and North Carolina. The enthusiasm of his character displa3a^d itself in his attachment to favorite animals he had raised, and perhaps no man in the west- ern country was equally successful in that branch of agri- cultural pursuits. More for the purpose of exhibiting his stock and recommending it to purchasers, than to indulge in the practices common at such places, he brought out bis favorite horses upon the race-courses of the day, and, though not a sportsman, in the technical sense of the term, he lost and won in many a well-contested field. An occa- sion of this sort, however, led to one of the most unfor- tunate incidents of his fife. He owned a favorite horse, named Truxton, which he was challenged to run against a horse owned by a Mr. Erwin and his son-in-law, Charles Dickinson. The stakes were to be two thousand. dollars on a side, in cash notes, with a forfeiture of eight hundred dollars. The bet was accepted, and a list of notes made out; but when the time for running arrived, Erwin and Dickinson chose to pay the DUEL WITH DICKINSON. 43 forfeit. Erwin offered sundry notes not due, withholding the hst which was in the hands of Dickinson. Jackson refused to receive them, and demanded the hst, claiming the right to select from the notes described upon it. The list was produced, a selection made, and the affair satisfacto- rily adjusted. Afterwards a rumor reached Dickinson, that General Jackson charged Erwin with producing a list of notes different from the true one. In an interview betweea Jackson and Dickinson, the former denied the statement^ and the latter gave his author. Jackson instantly proposed to call him in ; but Dickinson decHned. Meeting with the author shortly after, Jackson had an altercation with him,, which ended in blows. Here the affair ought to have- ended. But there were those who desired to produce a. duel between Jackson and Dickinson. The latter was. brave and reckless, a trader in blacks and blooded horses,. and reputed to be the best shot in the country. A quar- rel with such a man as General Jackson was flattering to his pride, and officious friends were not wanting to take advantage of the weakness of the one party, and the in- flexibility of the other, in order to push matters to extremi- ties. Exasperation was produced ; publication followed publication ; insults were given and retorted ; until, at length. General Jackson was informed that a paper, more severe than its predecessors, was in the hands of the printer, and that Dickinson was about to leave the state. He flew to Nashville, and demanded a sight of it in the printer's hands. It was msulting m the highest degree, contained a direct imputation of cowardice, and concluded with a notice that the author would leave for Maryland, within the coming week. A stern challenge, demanding immediate satisfaction, was the consequence. The chal- lenge was given on the 2^3d of May, and Dickinson's pub- lication appeared the next morning. Jackson pressed for an instant meeting ; but it was postponed, at the request of the other party, until the 30th, at which time it was to take place, at Harrison's Mills, on Red River, within the limits of Kentucky. Dickinson occupied the inter- mediate time in practicing; and his ferocious boasts, how often he had hit the general chalked out on a tree, and his V 44 LIFE OF JACKSON. unfeeling offers to bet that he would kill him at the ap- proaching meeting, being duly communicated, had an effect upon his antagonist which can be better conceived than described. Jackson went upon the ground firmly impressed with the conviction that his hfe was eagerly sought, and in the expectation of losing it, but with a de- termination which such a conviction naturally inspired in a bosom that never knew fear. At the word, Dickinson fired, and the dust was seen to fly from Jackson's clothes ; the next instant, the latter fired, and Dickinson fell. Jack- son, with his friend and surgeon, left the ground, and had travelled about twenty miles towards home, when his at- tendant first discovered that the general was wounded, by seeing the blood oozinn- through his clothes. On examina- tion, it was found that Dickinson's ball had buried itself in his breast, and shattered two of his ribs near their arti- culation with the breastbone. It was some weeks before he was able to attend to business. Dickinson was taken to a neighbouring house, where he survived but a few hours. The friends of Dickinson, and the enemies of Jackson, circulated charges of unfairness in the fight, bat ihe-^c- were SQon put down, in the estimation of candid and mi- partial jydges, by the certificates of the seconds, that all had been done according to the previous understanding between the parties, and proof that Dickinson himself, though able to converse, never uttered a single word of complaint before his death. The firmness and steadiness of nerve exhibited by Ge- neral Jackson on this occasion, have often been the subject of cqnimendation, even among those who do not hesitate to conclemn, in decided terms, the inexcusable practice, Avhich was then not only tolerated, but actually encou- raged, in that section of the country. There are many brave men who can look danger in the face, Avithout the change of a muscle ; but there are few who can take a sure aim, at the moment when they are conscious of being severely wounded. Not a man on the ground, except General Jackson himself, knew that he had received a •wound ; and every nijiscle was as c^uiet, and his hand as ADVENTURE WITH THE CHOCTAW AGENT. 45 Steady, as if he had not known it himself. The stem pur- pose which might in part have nerved him, was best de- scribed by himself, when a friend expressed astonishment at his self-command: "Sir," said he, "I should have killed him, if he had shot me through the brain," Not long after this occurrence. General Jackson entered into partnership with a merchant in Nashville. He took no active part in the business himself, and their affairs were conducted for some time, without his having any more than a general knowledge of what was going on. Circumstances, however, soon attracted his attention, which led him to suspect that all was not right. He promptly demanded a full investigation, which resulted in the dis- covery that his partner, in whose fidehty and capacity he had reposed the most implicit confidence, had involved him for many thousand dollars, over and above what could be satisfied out of the partnership property. With a prompt- itude which did him great honor, he sold his fine planta- tion, paid off" his debts with the proceeds of the sale, and retired into a log-cabin to begin the world anew. His ex- traordinary energy and perseverance, and the rigid system of economy he adopted, enabled him in a few years to recover from his embarrassments, and to be once more com- fortable in the world. In the year 1811, General Jackson had occasion to visit Natchez, in the territory of Mississippi, for the purpose of bringing up a number of blacks, a part of whom had be- come his property in consequence of having been security for a friend, and the remainder were hands which had been employed by a nephew, in the neighborhood of that place. The road led through the country inhabited by the Chickasaw and Choctaw Indians, and the station of the agent for the Choctaws was upon it. On reaching the agency, he found seven or eight families of emigrants, and tvi'o members of the Mississippi legislative council, detained. . there, under the pretence that it was necessary for themi to have passports from the governor of Mississippi. One of their number had been sent forward to procure them. In the mean time, the emigrants were buying corn from the agent, at an extravagant price, and splitting rails for 46 LIFE OF JACKSON. him at a very moderate one. Indignant at the wrong in- flicted on the emigrants, he reproached the members of the council for submitting to the detention, and asked the agent how he dared to demand a pass from a free Ame- rican, travelling on a public road. The agent replied, by- inquiring, with much temper, whether he had a pass. "Yes, sir," rejoined the general, "I always carry mine with me : I am a free-born American citizen ; and that is a passport all over the world." He then directed the emigrants to gear up their wagons, and if any one at- tempted to obstruct them, to shoot him down as a highway robber. Setting them the example, he continued his jour- ney, regardless of the threats of the agent. After concluding his business, he Avas informed that the agent had collected about fifty white men and one hundred Indians, to stop him on his return, unless he produced a passport. Though advised by his friends to procure one, he refused to do so ; stating that no American citizen should ever be subjected to the insult and indignity of procuring a pass, to enable him to travel a public highway in his own country. Like all travellers among the In- dians, at that time, he was armed with a brace of pistols ; and having added a rifle, and another pistol, he commenced his return journey. When within a kw miles of the agency, he was informed by a friend who had gone for- ward to reconnoitre, that the agent had his force in readi- ness to stop him. He directed his friend to advance again, and tell the agent, that if he attempted to stop him, it would be at the peril of his life. He then put his blacks in order, and armed them with axes and clubs ; at the same time telling them not to stop unless directed by him, and if any one ofTered to oppose them, to cut him down. Riding by their side, he approached the station, Avhen the agent appeared, and asked him whether he meant to slop and show his passport. Jackson replied : " That depends on circumstances. I am told that you mean to stop me by force ; whoever attempts such a thing will not have Jong to hve ;" and with a look that was not to be mistaken, he grasped his bridle with a firmer grip. His determined iHianner had such an effect, that the agent declared he had AFFRAY WITH COLONEL BENTON. 47 no intention of stopping him, and he and his party were suffered to pass on, without further molestation or inter- ruption. He afterwards reported the conduct of the agent to the government, and he was dismissed from his agency. After the return of General Jackson from Natchez, he was called upon by his friend, the late Governor Carroll, to act as his second, in an affair of honor with a brother of i Colonel Thomas H. Benton, for so many years the distin- guished representative of the state of Missouri, in the senate of the United States. In the duel, Mr. Benton was severely wounded. The colonel, who had long been on terms of friendly intimacy with Jackson, thought that the latter acted ungenerously, in taking such a part agamst his kinsman, and expressed himself accordingly in a let- ter addressed to him. General Jackson, however, felt himself bound by the relations which had existed between Governor Carroll and himself, to perform the act of friend- ship which he required, and replied to that effect, in very pointed terms. The angry correspondence that ensued only widened the breach, and it ended in a fight at a pub- lic-house in Nashville, in which Jackson's left arm was shattered by a pistol shot. For several years afterwards, both gentlemen appeared to cherish feelings of animosity towards each other, but the political associations of a later day united them together in the bonds of a sincere and constant friendship. The many noble traits in the cha- racter of Andrew Jackson elicited the warmest admiration and respect of Colonel Benton, while the former was proud to manifest his attachment to one of the firmest and ablest supporters of his administration. The repose of Jackson, and the pleasures he had en- joyed in his quiet home, were now destined to be termi- nated by the public exigencies, which compelled him to abandon the peaceful pursuits of agriculture for the ha- rassing cares and anxieties of a military career. The difiicuUies between the United States and Great Britain, which had originated with the adoption of the Orders in Council, and the passage of the Embargo Act, in 1807, had long threatened to disturb the peace of the two countries. In the spring of 1811, affairs began to assume a most 48 LIFE OF JACKSON. threatening aspect. On the first of March, the American minister, Mr. Pinckney, took a formal leave of the Prince Regent, in obedience to the instructions of his government. Active preparations were at once made for the commence- ment of hostilities. Privateers were fitted out in every harbor, and throughout the whole extent of the Union, there prevailed a strong feeling of indignation at the re- peated wrongs and injuries which our countrymen had endured from the English government. The war-spirit was aroused, and, from the Atlantic to the Mississippi, there glowed a strong and manly enthusiasm, which bounded to defend the honor of the nation, and maintain, at any sacrifice, the " searchless shelter" of their flag. In accord- ance with the decided expressions of public sentiment, the American Congress passed an act, in the month of Feb- ruary, 1812, authorizing the president to accept the ser- vices of a large volunteer force. On the 20th day of June war was declared against Great Britain, and in July fol- lowing, a second act was passed, making further provisions for calling out fifty thousand volunteers. At this time. General Jackson was living happily on his farm, and, though only forty-five years of age, he had re- tired, as he thought, for ever, from all participation in public affairs. But the fire of that true and devoted pa- triotism which nev^er ceased to glow in his bosom, needed but the quickening spark, to cause it to revive with all the fervor of youth. He was roused by the insults tbat had been so repeatedly offt'red to his country, by the wrongs inflicted upon her citizens, and by the bitter recollections connected with the death of his mother and his two bro- thers. He could recall the many horrid tales, to which he had listened, of English cruelty and oppression in the birth-place of his ancestors. There was also that scar on his hand, inflicted by a British officer, who had aimed a blow at his life because he had refused to clean the dirt from his boots ; that scar remained to keep his virtuous resentment alive, even if he could otherwise have for- gotten the injuries of his native land, the wrongs of Ire- land, and the extermination of every relative in the world. RAISES A VOLUNTEER FORCE. . 49 Jackson did not seek a command in the regular army, but immediately issued a spirited address to the citizens of his division, calling upon them to unite with him in protecting the rights and the honor of the republic. In a few days twenty-five hundred volunteers flocked to his standard, ready to follow wheresoever he might see fit to lead them. A tender of their services having been made to the general government, and the offer accepted, he re- ceived orders in November, 1813, to place himself at their head and to descend the Mississippi, for the defence of the lower country, which vA^as then supposed to be in danger. Accordingly, on the 10th of December, 1812, the men under his command rendezvoused at Nashville, prepared to advance to the place of their destination ; and although the weather was then excessively severe, and the ground covered with snow, no troops could have displayed greater firmness. The general was everywhere with them, in- spiring them with the ardor that animated his own bosom. The cheerful spirit with which they submitted to hard- ships and bore privations, at the very outset of their mili- tary life, as well as the order and subordination they so readily observed, were happy presages of what was to be expected when they should be directed to face an enemy. Having procured supplies, and made the necessary arrangements for an active campaign, the volunteers com- menced their journey on the 7th of January, 1813, and descending the Ohio and Mississippi through cold and ice, arrived and halted at Natchez. Here Jackson had been instructed to remain until he should receive further orders. Having chosen a healthy site for the encamp- ment of his troops, he devoted his time with the utmost industry, to training and preparing them for active service. The clouds of war in that quarter having temporarily blown over, an order was received, soon after his arrival, from the Secretary of War, dated the 5th of January, 1813, directing him, on the receipt thereof, to dismiss the men under his command from service, and to take measures for delivering over every article of public property in his possession to Brigadier-General Wilkinson. 5 50 LIFE OF JACKSON. When this order reached the camp of General Jackson, there were one hundred and fifty men on the sick report, fifty-six of whom were unable to rise from their beds, and almost the whole number Avere without the means of de- fraying the expenses of their return. The consequence of a strict comphance with the Secretary's order, would inevitably have been, that many of the sick must have perished, while most of the others, from their destitute condition, would, of necessity, have been compelled to enlist in the regular army, under General Wilkinson. Such alternatives were neither congenial with their ge- neral's wishes, nor such as they had expected, on ad- venturing with him in the service of their country. He had taken them from home, and he regarded it as a solemn duty to bring them back. Whether an expectation that, by this plan, many of them would be forced into the regular ranks, had formed any part of the motive that occasioned tbe order for their discharge, at so great a dis- tance from home, cannot be known ; and it would be un- charitable to insinuate arainst the government so serious an accusation, without the strongest evidence to support it. Be this as it may. General Jackson could not think of sacrificing, or injuring, an army that had shown such devotedness to their country ; and he determined to dis- reg-ard the order, and march them aoain to their homes, where they had been embodied, rather than to discharge them where they would be exposed to the greatest hard- ships and dangers. To this measure he was prompted, not only by the reasons already mentioned, but by the consideration that many of them were young men, the children of his neighbors and acquaintances, who had de- livered them into his hands, as to a guardian, with the ex- pectation that he would watch over and protect them. To have abandoned them, therefore, at such a time, and under such circumstances, would have drawn on him the merited censure of the most deserving part of his fellow- citizens, and deeply wounded his own generous feelings. In addition to this, the young men who were confined by sickness, learning the nature of the order he had received, implored him, with tears in their eyes, not to abandon DISOBEDIENCE OF ORDERS. 51 tVem in so great an extremity, and reminded him, at the sane time, of his assurance that he would be to them as a falher, and of the implicit confidence they had placed in his word. This was an appeal which it would have been difScuh for Jackson to have resisted, had he been inclined to disregard other considerations ; but influenced by them all, tie had no hesitation in coming to a determination. Having made known his resolution to the field-officers of his division, it apparently met their approbation ; but after retiring from his presence, they assembled late at night, in secret caucus, and proceeded to recommend to him an abandonment of his purpose, and an immediate discharge of the troops. Gireat as was the astonishment which this movement excited in the general, it produced a still stronger feehng of indignation. In reply, he urged the duplicity of their conduct, and reminded them that although to those who possessed money and health, such a course could produce no inconvenience, yet to the unfortunate soldier, who was ahke destitute of both, no measure could be more calamitous. He concluded, by telling them, that his resolution, not having been hastily concluded on, nor founded on light considerations, was unalterably fixed ; and that immediate preparations must be made for carrying into execution the determination he had formed. He lost no time in making known to the Secretary of War the resolution he had adopted, to disregard the order he had received, and to return his army to the place where he had received it. He painted, in strong terras, the evils Avhich the course pursued by the government was calcu- lated to produce, and expressed the astonishment he felt, that it should ever have been seriously determined on. General Wilkinson, to whom the public stores were directed to be delivered, learning the determination which had been taken by Jackson to march his troops back, and to take with them such articles as might be necessary for their return, in a letter of solemn and mysterious import, admonished him of the consequences which were before him, and of the awful and dangerous responsibility he Avas taking on himself by so bold a measure. General Jack- 52 LIFE OF JACKSON. son replied, that his conduct, and the consequences to which it might lead, had been deliberately weighed, anl well considered, and that he was prepared to abide the result, whatever it might be. Wilkinson had previously given orders to his officers, to recruit from Jackson's arn.y ; but they were advised, on their first appearance, that those troops were already in the service of the United States, and that, thus situated, they should not be enlisted ; and that General Jackson would arrest, and confine, the first officer who dared to enter his encampment with any such object in view. The quarter-master, having been ordered to furnish the necessary transportation for the conveyance of the sick and the baggage to Tennessee, immediately set about the performance of the task ; but, as the event proved, without any intention to execute it. Still he continued to keep up the semblance of exertion ; and, on the very day before that which had been appointed for breaking up the en- campment and commencing the return march, eleven wagons arrived there bv his order. But earl}'' the next morning, when every thing was about to be packed up, he entered the encampment, and discharged the whole. He was grossly mistaken, however, in the man he had to deal with, and had now played his tricks too far to be able to accomplish the object, which, without doubt, he had been intrusted to efll^ct. Disregarding their dismissal, so evi- dently designed to prevent marching back his men. Ge- neral Jackson seized upon the wagons, yet within his lines, and compelled them to proceed in the transporta- tion of his sick. Among them was a young man, reported by the surgeon to be in a dying condition, whom it was useless to remove. " Not a man shall be left who has life in him," said the general. The young man Avas lifted into a wagon, in a state of torpor, and wholly insensible. The melancholy march commenced ; and the general, with parental solicitude, passed along the train, taking special care that the invalids, in position and appliances, should have every comfort of which their situation was susceptible. With peculiar anxiety, he watched the ap- parently dying youth, as he was jostled by the movements SUFFERINGS ON THE MARCH HOME. 53 ofthe wagon. At length the young man opened his eyes, and the next instant exclaimed, " Where am I ?" "On your way home, my good fellow," repHed the genbral, in a cheering tone. The effect was electric ; he improved from that moment, and in a few weeks the general had the pleasure of restoring him, in good health, To his family and friends. It deserves to be mentioned, that the quarter-master, as soon as he received directions for furnishing transportation, had despatched an express to General Wilkinson ; and there can be little question, that the course of duplicity he afterwards pursued, was a concerted plan between him and that general, to defeat the design of Jackson, compel him to abandon the determina- tion he had formed, and, in this way, draw to the re- gular army many of the soldiers, who would be driven to enlist. In this attempt they were fortunately disap- pointed. Adhering to his original purpose, GeneralJack- son successfully resisted every stratagem of Wilkinson, and marched the whole of his division to the section of country whence they had been drawn, and dismissed them from service, in the spring of 1813. In addition to the philanthropic act we have just de- tailed. General Jackson gave up his own horses to the sick, and, trudging along on foot, submitted to all the pri- vations that were endured by the soldiers. It was at a time of the year when the roads were extremely bad ; and the swainps along their route were deep and full ; yet, under these circumstances, he gave his troops an example of patience and endurance of hardship that lulled to silence all complaints, and won for him additional respect and esteem. On arriving at Nashville, he communicated to the president of the LFnited States the course he had pur- sued, and the reasons that had induced it. If it had be- come necessary, he had sufficient grounds on which he could have justitied his conduct. Had he suiilsred Gene- ral Wilkinson to have accomplished what was clearly his nitention, although it was an event which might, at the moment, have benefited the service, by adding an in- creased strength to the army, yet the example would have been of so serious and exceptionable a character, that in- 5- 54 LIFE OF JACKSOK. jury would have been the final and unavoidable result. Whether the intention of thus forcing these men to enlist into the regular ranks, had its existence under the direc- tion of the government or not, such would have been the universal belief; and all would have felt a deep abhor- rence, at beholding the citizens of the country drawn off from their homes under pretence of danger; wliile the concealed design was, to reduce them to such necessity, at a distance from their residence, as to compel them to an act which they would have avoided under different cir- cumstances. His conduct, exceptionable as it might at first appear, was, in the end, approved, and the expenses incurred were directed to be paid by the government. General Armstrong, the secretary of war, by whom the cruel and unfeeling order Avas issued, was soon after se- verely censured, and forced to resign his seat in the cabi- net, on account of his culpable neglect to provide suitable means of defence for the city of Washington. The re- putation of General Wilkinson, who had been appointed to supplant Jackson, was also tarnished, by his unfortunate operations in Canada, during the campaign of 1814. INDIAN HOSTILITIES. 55 CHAPTER IV. 1813. Depreciations commiited by the Creeks on the borders of Ten- nessee and Kentucky — Attack on Fort Mimms— Preparations for war — Jackson calls out the volunteers and militia — Address to the troops— Takes the field — Enforces strict military disciphne— Rapid march to Huntsville — Delay in forwarding supplies — Thwarted in his movements by General Cocke— Jealousy of the latter— Scarci- ty of provifions — Efforts of Jackson to procure supplies — Address to the soldiers on entering the enemy's country — Arrival at the Ten Islands— Difiiculty with the contractors— Destitute condition of the army — Battle of Tallushatchee — Humanity of Jackson — His adoption of an Indian boy. 1813. The repose of General Jackson and his volunteers was of short duration. They had scarcely reached their homes, when the Indian nations scattered over the territory com- posing the states of Alabama and Mississippi, made in- cursions into Tennessee and Kentucky, and coinmitted the most savage murders and cruelties. The frontier settlements were constantly harassed by their depreda- tions, and one atrocious act of barbarity followed so close- ly on another, that the inhabitants began to fear the worst from the revengeful spirit which Tecumseh, and his bro- ther, the prophet, who were secretly aided and encouraged by the English government, had aroused in the breasts of their followers. "The Creek Indians, residing in the vici- nity of the Coosa and Tallapoosa rivers, were the most hostile and vindictive of all the tribes. Having collected a supply of ammunition, from the Spaniards at Pensacola, a party of their warriors, numbering about seven hundred men, commanded by Weatherford, a distinguished chief of the nation, made an attack on Fort Mimms, situated in the Tensaw settlement, in the territory of Mississippi. The fort was occupied by Major Beasley, with a force of one hundred and fifty men, and a large number of women 56 LIFE or JACKSON. and children who had sought shelter and protection. The assault was commenced on the 30th of August, 1813, and proved to be successful. A most dreadful slaughter took place. Mercj'' was shown to none ; neither age nor sex were respected ; and the same stroke of the tomahawk often cleft mother and child. But seventeen of the whole number of persons in the fort made their escape. As soon as the intelligence of this monstrous outrage reached Tennessee, the authorities of that state took im- mediate measures to chastise the perpetrators. All eyes Avere instinctively turned towards General Jackson, who, though suffering severely from a fractured arm, promptly I'esponded to the orders of his government by calling out the militia and volunteers. In his proclamation, he made a special appeal to those who had accompanied him to Natchez, to join him on this occasion. He pointed out the imperious necessity that demanded their services, and urged them to be punctual. " Already," said he, "are large bodies of the hostile Creeks marching to your bor- ders, with their scalping-knives unsheathed, to butcher your women and children: time is not to be lost. We must hasten to the frontier, or we shall find it drenched in the blood of our citizens. The health of your general is restored — he Avill command in person." In the mean time, until these troops could be collected and organized, Colonel Cofii'e, with the force then under his command, and such additional mounted riflemen as could be attached at a short notice, was directed to hasten forward to the neighborhood of Pluntsville, and occupy some eligible position for the defence of the frontier. The 4th of October, Avhich was the. day appointed for the rendezvous, having arrived, and the general not being sufficiently recovered to attend in person, he forwarded by his aid-de-camp, Major Reid, an address, to be read to the troops, in which he pointed out the unprovoked injuries they were called upon to redress, in the following eloquent and stirring appeal : " We are about to furnish these savages a lesson of ad- monition ; we are about to teach them that our long for- bearance has not proceeded from an insensibility to wrongs, ADDRESS TO THE VOLUNTEERS. 57 or an inability to redress them. They stand in need of such warning. In proportion as we have borne with their insults, and submitted to their outrages, they have multiplied in number, and increased in atrocity. But the measure of their offences is at length filled. The blood of our women and children, recently spilt at Fort Mimms, calls for our ven- geance ; it must not call in vain. Our borders must no longer be disturbed by the war-whoop of these savages, and the cries of their suffering victims. The torch that has been lighted up must be made to blaze in the heart of their own country. It is time they should be made to feel the weight of a power, which, because it was merciful, they believed to be impotent. But how shall a war so long forborne, and so loudly called for by retributive justice, be waged ? Shall we imitate the example of our enemies, in the disorder of their movements and the savageness of their dispositions ? Is it worthy the character of American soldiers, who take up arms to redress the wrongs of an injured country, to assume no better models than those fur- nished them by barbarians ? No, fellow-soldiers ; great as are the grievances that have called us from our homes, we must not permit disorderly passions to tarnish the re- putation we shall carry along with us. We must and will be victorious ; but we must conquer as men who owe no- thing to chance, and who, in the midst of victory, can still be mindful of Avhat is due to humanity ! " We will commence the campaign by an inviolable attention to discipline and subordination. Without a strict observance of these, victory must ever be uncertain, and ought hardly to be exuUed in, even when gained. To what but the entire disregard of order and subordination, are we to ascribe the disasters which have attended our arms in the north during the present war ? How glorious will it be to remove the blots which have tarnished the fair character bequeathed us by the fathers of our revolu- tion ! The bosom of your general is full of hope. He knows the ardor which animates you, and already exults in the triumph which your strict observance of disciphne and good order will render certain." Accompanying this address, was the following order for 58 LIFE OF JACKSON. the establishment of the police of the camp, which strik- ingly illustrates his promptitude and decision as a mili- tary commander : " The chain of sentinels will be marked, and the sen- tries posted, precisely at ten o'clock to-day. " No sutler will be sufTered to sell spirituous hquors to any soldier, without permission in writing, from a com- missioned officer, under the penalties prescribed by the rules and articles of war, "No citizen will be permitted to pass the chain of sen- tinels after retreat-beat in the evening, until reveille in the morning. Drunkenness, the bane of all orderly encamp- ments, is positively forbidden, both in officers and privates : officers, under the penalty of immediate arrest; and pri- vates, of being placed under guard, there to remain until liberated by a court-martial. " At reveille-beat, all officers and soldiei's are to appear on parade, with their arms and accoutrements in proper order. " On parade, silence, the duty of a soldier, is positively commanded. " No officer or soldier is to sleep out of camp, but by permission obtained." However harsh it may at first blush appear, to attempt the enforcement of such rules, in the very first stage of military discipline, yet the conduct of General Jackson was dictated by the most praiseworthy motives. The expedition on which he was about to march was certain to be both difficult and dangerous. He was aware that hardships uiust of necessity be endured, which would appal and dispirit his troops, if they were not early taught the lesson of strict compliance with the orders of their commander ; and he considered it much safer, therefore, to lay before them at once the rules of conduct to which they would be required to conform. Impatient to join his division, although his health was far from being restored, the general, in a few days after- wards, set out for the encampment, which he reached on the 7th of October. On the evening of the following day, a letter was received from Colonel Coffee, who had pro- MARCH INTO THE CREEK COUNTRY. 59 deeded with his mounted volunteers to Huntsville, dated two days before, and informing the general that two friend- ly Indians had just arrived at the Tennessee river, from Chinnaby's fort, on the Coosa, from whom he learned that a party of eight hundred or a thousand Creeks had been despatched to attack the frontiers of Georgia, and that the remainder of their warriors were marching against Hunts- ville, or Fort Hampton. On the 9th instant, another ex- press arrived, confirming the former statement, and repre- senting the enemy, in great force, to be rapidly approach- ing the Tennessee. Orders were now given for preparing the line of march, and by nine o'clock on the 10th, the whole division was in motion. They had not proceeded many miles, when they were met with the inteUigence that Colonel Gibson, who had been sent out by Coffee to reconnoitre the movements of the enemy, had been killed by their advance. A strong desire had been previously manifested to be led forward ; that desire was now strength- ened by the information just received ; and it was with difficulty that the troops could be restrained. They has- tened their march, and before eight o'clock at night arrived at HuntsviUe, a distance of thirty-two miles. Learning here that the information was erroneous which had occa- sioned so hasty a movement, the general encamped his troops ; having intended to reach the Tennessee river that night had it been confirmed. The next day the line of march was resumed. The influence of the late excite- ment was now visible in the lassitude which followed its removal. Proceeding slowly, the division crossed the Tennessee at Ditto's landing, and united in the evening with Colonel Coffee's regiment, which had previously oc- cupied a commanding bluflf on the south bank of the river. From this place, a few days afterwards, Jackson detached Colonel CoflTee, with seven hundred men, to scour the Black Warrior, a stream running from the northeast, and emptying into the Tombigbee ; on which were supposed to be situated several populous villages of the enemy. He himself remained at the encampment a week, busily oc- cupied in drilHng his troops, and in endeavouring to pro- cure the necessary supplies for a campaign, which he W LIFE OF JACKSON. had determined to carrj'- into the heart of the enemy's country. At the same time that General Jackson look up his Una of march for the Creek country, General Cocke had been ordered with an equal force from East Tennessee ; while another was despatched from Georgia, under Major Floyd, to enter the Indian territory on the east; and a regiment of United States troops, with the Mississippi volunteers, under General Claiborne, were to attack the hostile tribes on tha west. An arrangement had been made in the pre- ceding month, with General Cocke, to furnish large quan- tities of bread-stufi'at Ditto's landing, for the troops under Jackson. The facility of procuring it in that quarter, and the convenient transportation atForded by the river, left no doubt on the mind of the latter that the engagement would be punctually complied with. To provide, however, against the bare possibility of a failure, and to be guarded against all contingencies that might happen, he addressed letters to the governor of Georgia, Colonel Meigs, the Cherokee agent, and General White, who commanded the advance of the East Teimessee troops, urging them to send forward supplies with all possible haste. General Cocke, who had been ordered to join him with the forces under his command, not only failed to come up in season, but neglected to furnish the provisions he had engaged to procure. The conduct of this officer was severely cen- sured at the time, and it is quite evident that most of his movements during the campaign were prompted by a de- sire to thwart the operations of Jackson. On his arrival at Ditto's landing, General Jackson found that the contractors were utterly unable to fulfil their en- gagements, and he was therefore compelled to wait patient- ly for the supplies which had so long been promised, and were hourly expected. While he was encamped there, a son of Chinnaby, one of the principal chiefs among the friendly Creeks, a large body of whom had refused to unite with their countrymen in making war against the Ameri- cans, arrived at the landing, and requested a movement to be made for the relief of his father's fort, which was threatened by a considerable body of the war party. In- FAILURE OF THE SUPPLIES. 61 flueoced by his representations, the general gave orders for resuming the march on the Ufth of October, and notified the contractors of tiiis arrangement, that they might be prepared to issue immediately such supphes as they had on hand ; but to his great astonishment, he was then, for the first time, apprised of their entire inabihty to supply him while on his march. Having drawn what they had it in their power to furnish, amounting to only a few days' rations, he immediately vacated their offices, and selected others on whose industry and fidelity he thought he could more safely rely. The scarcity of his provisions, how- ever, was not sufficient to waive the determination he had already made. The route to the fort lay for a consider- able distance up the river, and he hoped to meet with the boats expected from Hiwassee on the Avay. He accord- ingly determined to proceed, and having safely crossed a range of mountains, thought to be almost impassable on foot, with his army and baggage wagons, he arrived on the 22d of October, at Thon:ipson's creek, which empties into the Tennessee, twenty-tour miles above Ditto's. At I his place he proposed the establishment of a permanent depot, for the reception of supplies, to be sent either up or down the river. Disappointed in the hopes with which he had ventured on his march, he remained here several days anxiously looking for the arrival of provisions. Fear- ing that this culpable neglect might involve him in still further embarrassments, he informed Governor Blount, of Tennessee, of the condition of things, and made a press- ing application to General Flournoy, who commanded at Mobile, and Colonel McKee, the Choctaw agent, who was then on the Toinbigbee, to procure bread-stufi'and forward it to him without delay. He also despatched expresses to General White, who had arrived at the Look-out moun- tain, in the Cherokee nation, urging him by all means to hasten on the supplies. While these measures were in progress, two runners, despatched from Turkeytown by Path-killer, a chief of the Cherokees, arrived at the camp. They brought infor- mation that the enemy, from nine of the hostile towns, were assembling in great force near the Ten Islands ; and 6 62 LIFE OF JACKSON. solicited that immediate assistance should be afforded the friendly Creeks and Cherokees in their neighborhood, who were exposed to imminent danger. His want of provi- sions was not yet remedied ; but distributing the partial supply that was on hand, he resolved to proceed, in ex- pectation that the relief he had so earnestly looked for, would in a little Avhile arrive, and be forwarded. In order to prepare his troops for the engagement he anticipated, he addressed them as follows, in his usual nervous and spirited style : " You have, fellow-soldiers, at length penetrated the country of your enemies. It is not to be believed that they will abandon the soil that imbosoms the bones of their forefathers, without furnishing you an opportunity of sig- nalizing your valor. Wise men do not expect; brave men will not desire it. It was not to travel unmolested through a barren wilderness, that you quitted your families and homes, and submitted to so many privations ; it was to avenge the cruelties committed upon our defenceless frontiers by the inhuman Creeks, instigated by their no less inhuman allies. You shall not be disappointed. If the enemy flee before us, we will overtake and chastise him : we will teach him how dreadful, when once aroused, is the resentment of freemen. But it is not by boasting that punishment is to be inflicted, or victory obtained. The same resolution that prompted us to take up arms, must inspire us in battle. Men thus animated, and thus resolved, barbarians can never conquer ; and it is an enemy barbarous in the extreme that we have now to face. Their rehance will be on the damage they can do you while you are asleep, and unprepared for action : their hopes shall fail them in the hour of experiment. Soldiers who know their duty, and are ambitious to perform it, are not to be taken by surprise. Our sentinels will never sleep, nor our soldiers be unprepared for action ; yet, Vv'hile it is enjoined upon the sentinels vigilantly to watch the approach of the ioe, they are at the same time com- manded not to fire at shadows. Imaginary dangers must not deprive them of entire self-possession. Our soldiers will lie with theijr ^.rms in their hands ; and the moment ADDRESS TO HIS TROOPS. 63 an alarm is given, they will move to their respective posi- tions, without noise and without confusion. They will be thus enabled to hear the orders of their officers, and to obey them with promptitude. "" Great reliance will be placed, by the enemy, on the consternation they may be able to spread through our ranks, by the hideous yells with which they commence their battles ; but brave men will laugh at such efforts to alarm them. It is not by bellowings and screams, that the wounds of death are inflicted. You will teach these noisy assailants how weak are their weapons of warfare, by opposing them with the bayonet. What Indian ever withstood its charge? what army, of any nation, ever withstood it long? " Yes, soldiers, the order for a charge will be the signal for victory. In that moment, your enemy will be seen fleeing in every direction before you. But in the moment of action, coolness and deliberation must be regarded ; your fires made with precision and aim; and when ordered to charge with the bayonet, you must proceed to the as- sault, with a quick and firm step, without trepidation or alarm. Then shall you behold the completion of your hopes, in the discomfiture of your enemy. Your general, whose duty, as well as inclination, is to watch over your safety, will nut, to gratify any wishes of his own, urge you unnecessarily into danger. He knows, however, that it is not in assailing an enemy that men are destroyed ; it is when retreating, and in confusion. Aware of this, he will be prompted as much by a regard for your fives as your honor. He laments that he has been compelled, even incidentally, to hint at a retreat, when speaking to free- men and to soldiers. Never, until you forget all that is due to yourselves and your country, will you have any practical understanding of that word. Shall an enemy wholly unacquainted with military evolutions, and who rely more for victory on their grim visages and hideous yells, than upon their bravery or their weapons; shall such an enemy ever drive before them the well-trained youths of our country, whose bosoms pant for glory, and a desire to avenge the wrongs they have received ? Your 64 LIFE OF JACKSON. general will not live to behold such a spectacle ; rather Avould he rush into the thickest of the enemy, and submit himself to their scalping-knives : but he has no fears of such a result. He knows the valor of the men he com- mands ; and how certainly that valor, regulated as it will be, will lead to victory. With his soldiers, he will face all dangers, and with them participate in the glory of conquest." Having issued this address, and again instructed Ge- neral White to form a junction with him, and send on all the supplies he could command, General Jackson resumed his march, with about six days' rations of meat, and less than two of meal. The army had advanced but a short distance, when unexpected embarrassments were again presented. Information was received, by which it was clearly ascertained that the present contractors, who had been so much and so certainly relied on, could not, with all their exertions, procure the necessary supplies. Major Rose, of the quarter-master's department, who had been sent into Madison county to aid them in their endeavors, having satisfied himself, as Avell from their own admis- sions as from evidence derived from other sources, that their want of funds, and consequent want of credit, rendered them a very unsafe dependence, returned, and disclosed the facts to the general. He stated that there wt-re per- sons of fortune and industry in that county, who might be confided in, and who would be willing to contract for the army if it were necessary. Jackson lost no time in em- bracing this plan, and gave the contract to Mr. Pope, in whose means and exertions he believed every reliance might be reposed. At the same time, he wrote to the other contractors, staling, that although he might manage with generosity or indulgence, whatever concerned him- self as a private citizen, in his public capacity he had no such discretion ; and that he therefore felt compelled to give the contract to one who was able to execute it, on condition that they were indemnified for their trouble. This arrangement being made, the army continued its march, and having arrived within a few miles of the Ten Islands, was met by the Indian chief, Chinnaby. H|e SCARCITY OF PROVISIONS. 65 brought with him, and surrendered np, two of the hostile Creeks, who had lately been made prisoners by his party. At this place it was represented that they were within sixteen miles of the enemy, who Avere collected, to the number of a thousand, to oppose their passage. This information was little relied on, and afterwards proved un- true. Jackson continued his route, and in a few days reached the islands of the Coosa, having been detained a day, on the way, for the purpose of obtaining small sup- plies of corn from the neighboring Indians. This acqui- sition to the scanty stock on hand, while it afforded subsist- ence for the present, encouraged his hopes for the future, as a means of temporary resort, should his other resources fail. In a letter to Governor Blount from this place, speaking of the difficulties with which he had to contend, he ob- served : "Indeed, sir, we have been very wretchedly supplied — scarcely two rations in succession have been regularly drawn ; yet we are not despondent. While we can procure an ear of corn apiece, or any thing that will answer as a substitute for it, we shall continue our exer- tions to accomplish the object for which we were sent. The cheerfulness with which my men submit to privations, and are ready to encounter danger, does honor to them, and to the government whose rights they are defending." On the 28th of October, Colonel Dyer, who had been detached from the main body, on the march to the Ten Islands, with a body of two hundred cavalry, returned to camp. He had destroyed the Indian village of Littafut- chee-town, at the head of Canoe creek, and brought with him twenty-nine prisoners. On the 31st, Jackson de- spatched another express to General White, repeating his former orders. Soon after, he received information that a considerable body of the enemy had posted themselves at Tallushatchee, on the south side of the Coosa, about thir- teen miles distant ; whereupon, he ordered General Coffee, with nine hundred men, to attack and disperse them. With this force that officer was enabled, under the direc- tion of an Indian pilot, to ford the Coosa at the Fish-dams, about four miles above the Islands ; and, having encamped 6* 66 LIFE OF JACKSON. beyond it, he proceeded, early on the morning of the 3d of November, to execute the oi'der. Having arrived with- in a mile and a half, he formed his detachment into two divisions, and directed them to march so as to encircle the town, by uniting their fronts beyond it. The enemy, hear- ing of his approach, began to prepare for action, Avhich was announced by the beating of drums, mingled with savage yells and war-whoops. An hour after sunrise, the battle was commenced by Captain Hammond's and Lieu- tenant Patterson's companies of spies, who had gone with- in the circle of alignment, for the purpose of drawing the Indians from their buildings. No sooner had these com- panies exhibited their front in view of the town, and given a few scattering shots, than the enemy formed, and made a violent charge. Being compelled to give way, the ad- vance-guard were pursued until they reached the main body of the array, which immediately opened a general fire, and charged in their turn. The Indians retreated, but continued firing, until they reached their buildings, where an obstinate conflict ensued. Those who main- tained their ground, persisted in fighting as long as they could stand or sit, without manifesting fear or soliciting quarter. Their loss was a hundred and eighty-six killed; among whom, unfortunately, and through accident, were a few women and children. Eighty-four women and children were taken prisoners, towards whom the utmost humanity was shown. Of the Americans, five Avere killed and forty-one wounded. Two were killed with arrows, which on this occasion formed a principal part of the arms of the Indians ; each one having a bow and quiver, which he used after the first fire of his gun, until an opportunity occurred for reloading. Having buried his dead and provided for his wounded. General Coffee united with the main army, late in the evening of the same day, bringing with him about forty prisoners. Of the residue, a part were too badly wounded to be removed, and were therefore left, with a sufficient number to take care of them. Those whom he brought in, received every comfort their situation demanded, and were immediately sent into the settlements for security. THE INDIAN ORPHAN. 67 Among the slain at the battle of Tallushatchee, there was found an Indian woman, with an infant boy, unhurt, sucking her lifeless breast. The little orphan was carried to camp with the other prisoners, and General Jackson at- tempted to hire some of the captive women to take care of him. They refused, saying, "All his relations are dead ; kill him too." The general had a little brown sugar left, and he directed his attendants to feed the child with it until he reached Huntsville, where he sent him to be nursed at his expense. Upon his return from the cam- paign, he took the child home, named him Lincoyer, and with the cordial aid of Mrs. Jackson, raised him as ten- derly as if he had been his own son. He grew to be a beautiful and robust young man, as well educated as the white boys of the most respectable families. Yet his tastes were unchanged. He delighted in rambling over the fields and through the woods, and sticking into his hair and clothes every gay feather he could find. He was always anxious to return to the Creek nation with the chiefs, who, for many years after the war, continued to visit General .Tackson at the Hermitage, as his residence was called. Desiring that he should follow some mecha- nical employment, his benefactor took him into the va- rious shops in Nashville, that he might make his selec- tion. He was best pleased with the saddler's business, and Avas accordingly bound out as an apprentice to that trade. Regularly every other Saturday he visited the Hermitage, and was generally sent to Nashville on horse- back the next Monday morning. His health beginning to decline, the general took him home to the Hermitage, where he was nursed with a father's and mother's tender- ness ; but in vain. He sunk rapidly into a consumption, and died ere he had arrived at the age of manhood. He was mourned as a favorite son by the general and Mrs. Jackson, and they always spoke of him with parental affection. 68 LIFE OF JACKSON. CHAPTER V. 1813. Erection of Fort Stroiher, and establishment of a depot on the Coosa — Continued difficuhies growing out of the movenients of General Cocke — Battle of Talladega — Gallant conduct of Colonel Carroll and Lieutenant-Colonel Dyer — Destitution of the army— Generosity and benevolence of Jackson — His example in submit- ting 10 privaiions — Anecdote of the acorns — Discontent among the troops — Mutiny suppressed by his firmness and resolution — His appeal to the contractors to furnish supplies — Answer to the over- tures of peace made by the Hillabee tribes — Efforts to raise addi- tional troops— Letter to his friend in Tennessee — Demand of the volunteers lo be discharged, on the ground that their term of ser- vice had expired — Reply of Jackson — His unflinching determina- tion — Suppression of the mutiny, and return of the volunteers. 1813. In consequence of his not receiving the necessary sup- pHes of provisions, without which it was utterly impossi- ble to proceed, General Jackson was detained for nearly a month, in the neighbourhood of the Tennessee river, without being able to penetrate the hostile territory, and strike a decisive blow. During this time, he erected a fort and depot, at the Ten Islands, which was called Fort Strother. It was his intention, after completing the works, to proceed along the Coosa to its junction with the Tallapoosa, near which, it was expected, from informa- tion he had received, that the main force of the enemy was collected. In order to accomplish this in safety, he desired to unite as soon as possible with the troops from East Tennessee. The advance under General White had arrived at Turkey-town, twenty-five miles above, and on the 4th of November an express was despatched lo him to hasten forward immediately. A similar message was sent on the 7th of the same month, but failed to produce any effect. General White chose rather to obey the or- ders of the immediate commander of his division, General ^Cocke, who persisted in his singular efibrts to thwart the BATTLE OF TALLADEGA. 69 movements of Jackson and the forces under his command. Although he endeavoured to shelter himself from the consequences of his unsoldierhke conduct, beneath the decision of a council of officers which he had formed, his jealousy of General Jackson was so apparent, that the public were not slow in forming a most unfavorable opi- nion of his character. As yet, no certain intelligence had been received, in regard to the position of the enemy. Late, however, on the evening of the 7th of November, a runner arrived from Talladega, a fort of the friendly Indians, distant about thirty miles below, with mformation that the enemy had that morning encamped before it in great numbers, and would certainly destroy it, unless immediate assistance could be afforded. Confiding in the statement, Jackson determined to lose no time in extending the rehef which was solicited. Understanding that General White, agree- ably to his order, was on his way to join him, he des- patched a messenger to meet him, directing him to reach his encampment in the course of the ensuing night, and to protect it in his absence. He now gave orders for tak- ing up the line of march, with twelve hundred infantry, and eight hundred cavalry and mounted gun-men ; leav- ing behind the sick, the wounded,' and all his baggage, with a force which was deemed sufficient for their protec- tion, until the reinforcement from Turkey-town should arrive. The friendly Indians who had taken refuge in this besieged fort, had involved themselves in their present perilous situation from a disposition to preserve their amicable relations with the United States. To suffer them to fall a sacrifice from any tardiness of movement, would have been unpardonable ; and unless relief should be im- mediately extended, it might arrive too late. Acting under these impressions, the general concluded to move instantly forward to their assistance. At twelve o'clock at night, every thing was in readiness ; and in an hour afterwards the army commenced crossing the river, about a mile above the camp; each of the mounted men carrying one. of the infantry behind him. The river at this place was 70 LIFE OF JACKSON. six hundred yards wide, and it being necessary to send back the horses for the remainder of the infantry, several hours were consumed before a passage of all the troops could be effected. Nevertheless, though greatly fatigued and deprived of sleep, they continiied the march with animation, and by evening had arrived within six miles of the enemy. In this march, Jackson used the utmost precaution to prevent surprise : marching his army, as was his constant custom, in three columns, so that, by a speedy manoeuvre, they might be thrown into such a situ- ation as to be capable of resisting an attack from any quarter. Having judiciously encamped his men on an eligible piece of ground, he sent forward two of the friendly Indians and a white man, who had for many years been detained a captive in the nation, and was now acting as interpreter, to reconnoitre the position of the enemy. About eleven o'clock at night they returned, with information that the savages were posted within a quarter of a mile of the fort, and appeared to be in great force ; but that they had not been able to approach near enough to ascertain either their numbers or precise situa- tion. About an hour later, a runner arrived from Turkey- town, with a letter from General White, stating that after having taken up the line of march to unite at Fort Strother, he had received orders from General Cocke to change his course, and proceed to the mouth of Chalauga creek. In- telligence so disagreeable, and withal so unexpected, filled the mind of Jackson with apprehensions of a serious and alarming character ; and dreading lest the enemy, by tak- ing a different route, should attack his encampment in his absence, he determined to lose no time in bringing them to battle. Orders were accordingly given to the adjutant- general to prepare the line, and by four o'clock on the morning of the 9th, the army was again in motion. The infantry proceeded in three columns ; the cavalry in the same order, in the rear, with flankers on each wing. The advance, consisting of a company of artillerists with mus- kets, two companies of riflemen, and one of spies, marched about four hundred yards in front, under the command of Colonel Carroll, inspector-general, with orders, after cotn-; BATTLE OF TALLADEGA. 71 mencing the action, to fall back on the centre, so as to draw the enemy after them. At seven o'clock, having' arrived within a mile of the position they occupied, the columns were displayed in order of battle. Two hundred and fifty of the cavalry, under Lieut. Colonel Dyer, were placed in the rear of the centre, as a corps-de-reserve. The remainder of the mounted troops were directed to advance on the right and left, and after encircling the enemy, by uniting the fronts of their columns, and keeping their rear rested on the infantry, to face and press towards the centre, so as to leave them no possibility of escape. The remain- ing part of the army was ordered to move up by heads of companies ; General Hall's brigade occupying the right, and General Roberts' the left. About eight o'clock, the advance having arrived within eighty yards of the enemy, who were concealed in a thick shrubbery that covered the margin of a small rivulet, re- ceived a heavy fire, which they instantly returned with much spirit. Falling in with the enemy, agreeably to their instructions, they retired towards the centre, but not before they had dislodged them from their position. The Indians rushed forward, screaming and yelHng hideously, in the direction of General Roberts' brigade, a few com- panies of which, alarmed by their numbers and yells, gave way at the first fire. To fill the chasm which was thus cre- ated, Jackson directed the regiment commanded by Colonel Bradley to be moved up, which, from some unaccountable cause, had failed to advance in a fine with the others, and now occupied a pogilion in the rear of the centre. Bradley, however, to whom this order was given by one of the staff, omitted to execute it in time, alleging that he was de- termined to remain on the eminence which he then pos- sessed, until he should be approached and attacked by the enemy. Owing to this failure in the volunteer regiment, it became necessary to dismount the reserve, which, with great firmness, met the approach of the enemy, who were rapidly moving in this direction. The retreating militia, somewhat mortified at seeing their places so promptly supphed, rallied, and recovering their former position in the line, aided in cilPfking the advance of the savages. 72 LIFE OF JACKSON. The action now became general, and in fifteen minutes the Indians were seen flying in every direction. On the left they were met and repulsed b}'^ the mounted riflemen ; but on the right, owing to the halt of Bradley's regiment, which was intended to occupy the extreme right, and to the circumstance that Colonel Alcorn, who commanded one of the wings of the cavahy, had taken too large a circuit, a considerable space was left between the infantry and the cavalry, through which numbers escaped. The fight was maintained with greaj; spirit and effect on both sides, as well before as after the retreat commenced ; nor did the pursuit and slaughter terminate until the moun- tains were reached, at the distance of three miles. Jackson, in his report of this action, bestowed high commendation on the officers and soldiers. " Too much praise," he said, at the close, " cannot be bestowed on the advance led by Colonel Carroll, for the spirited manner in which they commenced and sustained the attack ; nor upon the reserve, commanded by Lieut. Colonel Dyer, for the gallantry with which they met and repulsed the enemy. In a word, officers of every grade, as well as privates, realized the high expectations I had formed of them, and merit the gratitude of their country." In this battle, the force of the enemy was one thousand and eighty, of whom two hundred and ninety-nine were left dead on the ground ; and it is believed that many were killed in the flight, who were not found when the estmiale was made. Probably few escaped unhurt. Their loss on this occasion, as since stated by themselves, was not less than six hundred: that of 'the Americans was fifteen killed, and eighty wounded, several of whom after- ' wards died. Jackson, after collecting his dead and wounded, advanced his army beyond the fort, and encamped for the night. The Indians who had been for several days shut up by the besiegers, thus fortunately liberated from the most dreadful apprehensions and severest privations, hav- ing for some days been entirely without water, received the army with all the demonstrations of gratitude that savages could give. Their manifestations of joy for their deliverance, presented an interesting and affecting spec- DESTITUTION OF THE TROOPS. 73 tacle. Their fears had been already greatly excited, for it was the very day when they were to have been as- saulted, and when everj'- soul within the fort must have perished. All the provisions they could spare from their scanty stock they sold to the general, who purchased them with his own money, and generously distributed them among his almost destitute soldiers. It was with great regret that Jackson now found he was without the means of availing himself fully of the ad- vantages of his victory ; but the condition of his posts in the rear, and the want of provisions, (having left his en- campment at Fort Strother with little more than one day's rations,) compelled him to return ; thus giving the enemy time to recover from the consternation of their first defeat, and to re-assemble their forces. On returning to Fort Strother, he found that through the wilful mismanagement of General Cocke, no supplies had reached that post, and the soldiers were beginning to exhibit symptoms of dis- content. Even his private stores, brought on at his own expense, and upon which he and his staff had hitherto wholly subsisted, had been in his absence distributed among the sick by the hospital surgeon, Avho had been previously instructed to do so if their Avants should re- quire it. A few dozen biscuits, which remained on his return, were given to hungry applicants, without being tasted by himself or family, who were probably not less hungry than those who were thus relieved. A scanty supply of indifferent beef, taken from the enemy or pur- chased of the Cherokees, was the only support afforded. Left thus destitute, Jackson, with the utmost cheerfulness of temper, repaired to the bullock pen, and of the offal there thrown away, provided for himself and staff what he was pleased to call, and seemed really to think, a very comfortable repast. Tripes, however, hastily provided in a camp, without bread or seasoning, can only be palatable to an appetite very highly whetted. Yet this constituted for several days the only diet at head quarters, during which time the general seemed entirely satisfied with his fare. Neither this, nor the liberal donations which he made to reUeve the suffering soldier, deserve to be 7 74 LIFE OF JACKSON. ascribed to ostentation or design : the one flowed from be- nevolence, the other from necessity, and a desire to place before his men an example of patience and suifering, which he felt might be necessary, and hoped might be serviceable. Charity in him was a warm and active pro- pensity of the heart, urging him, by an instantaneous im- pulse, to minister to the wants of the distressed, without regarding, or even thinking of the consequences. Many of those to whom aid was extended, had no conception of the source that supplied them, and believed the comforts they received were, indeed, drawn from stores provided for the hospital department. On one occasion, during these difficulties, a soldier, with a wo-begone countenance, approached the general, stating that he was nearly starved, that he had nothing to eat, and that he did not know what he should do. He was the more encouraged to complain, from perceiving that the general, who had seated himself at the root of a tree, was busily engaged in eating something, and confidently expected to be relieved. Jackson replied to him, that it had always been a rule with him, never to turn away a hungry man when it was in his power to relieve him. "I will most cheerfully," said he, "divide with you what 1 have ;" and putting his hand in his pocket, he drew forth a few acorns, from which he had been feasting, at the same time remarking, in addition, that this was the only fare he had. The soldier seemed much surprised, and forthwith circulated the intelligence among his com- rades, that their general was feeding on acorns, and urged them not to complain. But while General Jackson remained wholly unmoved by his own privations, he was filled with solicitude and concern for his arm}^ His utmost exertions, unceasingly applied, were insufficient to remove the sufferings to which he saw they were exposed ; and although they were by no means so great as were represented, yet were they undoubtedly such as to be sensibly and severely felt. Discontents, and a desire to return home, arose, and presently spread through the camp ; and these were still further imbittered and augmented by the arts of a few designing officers, who, DISCONTENT IN THE ARMY. 75 believing that the campaign would break up, hoped to make themselves popular on their return, by encouraging and taking part in the complaints of the soldiery. It is a singular fact, that those officers who pretended on this occasion to feel most sensibly for the wants of the army, and who contrived most effectually to instigate it to revok, had never themselves been without provisions; and were, at that very moment, enjoying in abundance what would have relieved the distresses of many, had it been as gene- rously and freely distributed as were their words of advice and condolence. During this period of scarcity and discontent, small quantities of supplies were occasionally forwarded by the contractors, but not a sufficiency for present want, and still less to remove the apprehensions that were entertained for the future. At length, revolt began to show itself openly. The officers and soldiers of the militia, collecting in their tents and talking over their grievances, determined to yield up their patriotism and to abandon the camp. Several of the otilcers of the old volunteer corps exerted themselves clandestinely, to produce disaffection. Looking upon them- selves someWhat in the light of veterans, from the disci- pline they had acquired in the expedition to Natchez, they were unwilling to be seen foremost in setting an example of mutiny, but wished to make the defection of others a pretext for their own. It was almost unreasonable to expect men to be patient, while starvation was staring them in the face. Overlook- ing- the fact that their dilhculties were mainly occasioned b/the malicious feeHngs of a single officer, they began to feel that they were neglected by their country, whose battles they had fought, and resentment and discontent took possession of their bosoms. Increasing from day to day, and extending from individuals to companies, and from companies to regiments, they soon threatened an en- tire dissolution of the army. The volunteers, though deeply imbued with this feeling, were at first restrained from any public exhibition of it, by their soldierly pride ; but the militia regiments determined to leave the camp, and return to Tennessee. Apprised of their intention. 76 LIFE OF JACKSON. General Jackson resolved to defeat it ; and as they drew out in the morning to commence their march, they found the volunteers drawn up across their path, with orders to require them, under penalty of instant military execution, to return to their position. They at once obeyed, admir- ing" the firmness which baffled their design. In this operation the vokinteers had been unwilling in- struments in the hands of their general, and, chagrined at their own success, resolved themselves the next day to abandon the camp in a body. What was their surprise, on making a movement to accomplish that object, to find the very militia whose mutiny they had the day before repressed, drawn up in the same position to resist them ! So determined was their look, that the volunteers deemed it prudent to carry out the parallel, and returned quietly to their quarters. This process, by which nearly a whole army, anxious to desert, was kept in service by arraying one species of force against another, though effectual for the moment, would not bear repetition, and the general was sensible how feeble was the thread by which he held them together. The cavalry, who not only shared in the general privation, but had no forage, petitioned for per- mission to retire to the vicinity of Huntsville, pledging themselves to return when called on, after recruiting their horses and receiving their winter clothing. Their peti- tion was granted, and they immediately left the camp. Having received letters from Colonel Pope, assuring him that abundant supplies were on the way. General Jackson resolved to make an effort to produce good feeling throughout the army, in order that they might be able to act Avith promptitude when an opportunity offered for striking a decisive blow. He accordingly invited the field and platoon officers to his quarters, on the 14th of Novem- ber, and communicated to them the information he had received, and the wishes and expectations which he had based upon it. "To be sure," said he, "we do not live sumptuously ; but no one has died of hunger, or is likely to die ; and then how animating are our prospects ! Large supplies are at Deposit, and already are officers despatched to hasten them on. Wagons are on the way ; a large MUTINY OF HIS TROOPS. T7 number of beeves are in the neighborhood ; and detach- ments are out to bring them in. All these resources sure- ly cannot fail. I have no wish to starve you — none to deceive you. Stay contentedly ; and if suppHes do not arrive within two days, we will all march back together, and throw the blame of our failure where it should proper- ly lie : until then we certainly have the means of subsist- ing ; and if we are compelled to bear privations, let us remember that they are borne for our country, and are not greater than many— perhaps most armies have been com- pelled to endure. I have called you together to tell you ray feelings and my wishes ; this evening think on them seriously, and let me know yours in the morning." After addressing them in such kind and generous terms, notwithstanding many of them had secretly encouraged the disaffection, how great must have been his grief and mortification in the morning, when he received from the officers of the volunteer regiments the annunciation that, in their opinion, "Nothing short of marching the army immediately back to the settlements, could prevent those difficulties and that disgrace which must attend a forcible desertion of the camp by his soldiers." The ofiicers of the militia, however, reported their will- ingness to wait a few days longer for a supply of pro- visions, and, if it should be received, to proceed with the campaign; otherwise, they insisted on being marched back where supphes could be procured. To preserve the volunteers for farther service, if' possible, the general de- termined to gratify their wishes, and ordered General Hall to lead them back (o Fort Deposit, there to obtain relief for themselves, and then to return as an escort to the pro- visions. But the second regiment of volunteers were ashamed to be found less loyal than the militia, and begged permission to remain with their general, and the first re- giment marched alone. It is impossible to describe the emotions of General Jackson, when he saw a regiment of brave men, whom he had refused to abandon at Natchez even ai the command of his government, for the preserva- tion of whose well-earned fame he would have hazarded his life, deserting him in the wilderness, reckless of honor, 78 LIFE OF JACKSON. of patriotism, of gratitude, and humanity. He could not avoid giving expression to his feehngs in strong and de- cided terms. " I was prepared," he said, " to endure every evil but disgrace ; and this, as I can never submit to myself, I can give no encouragement to in others." On the lOih of November, General Jackson addressed a letter to Colonel Pope, the contractor, in which he said : " My men are all starving. More than half of them left me yesterday for Fort Deposit, in consequence of the scarcit}^ and the whole will do so in a few days if plenti- ful supplies do not arrive. Again and again I must en- treat you to spare neither labor nor expense to furnish me, and furnish me without delay. We have already struck the blow which would, if followed up, put an end to Creek hostility. I cannot express the torture of my feelings Avhen I reflect that a campaign so auspiciously begun, and which might be so soon and so gloriously terminated, is likely to be rendered abortive for the want of supplies. For God's sake, prevent so great an evil." In his address to the officers on the 14th, the general had told them that in case supplies did not reach them within two days, he would lead the army back where provisions could be had. Two days had elapsed after the departure of the volunteers, and no supplies had come. The declaration had been made in the confident expecta- tion that provisions, then known to be on the way, would reach them before the expiration of that period ; but the general felt bound to comply with his word. He imme- diately proceeded to make arrangements for the abandon- ment of Fort Strother ; but, contemplating the new cou- rage with which it would inspire the enemy, the calami- ties it was likely to bring on the frontiers, and the dis- grace upon his army, if not on himself, he exclaimed, "If only two men will remain with me, I will never abandon this post." " You have one, general," promptly replied Captain Gordon, of the spies ; "let us look if we cannot find another." The captain immediately beat up for vo- lunteers, and, with the aid of some of the general staff, soon raised one hundred and nine, who agreed to stand by their general to the last extremity. MtTINY OF HIS TROOPS. 79 Confident that supplies were at hand, the general marched with the militia, announcing that they would be ordered back if provisions should be met at no great dis- tance from the fort. Within ten or twelve miles they met a drove of a hundred and fifty beeves. They halted, butchered, and ate ; but the courage inspired by satiety was that of mutineers. Upon receiving an order to re- turn, with the exception of a small party to convey the sick and wounded, they resolved to disobey it. One com- pany resumed its march homeward, before General Jackson was apprised of their design. Informed of this move- ment, he hastened to a spot about a quarter of a mile ahead, where General Coffee, with a part of the staff and a few soldiers, had halted, and ordered them instantly to form across the road, and fire on the mutineers if they should attempt to pass. Rather than encounter the bold faces before them, the mutinous company thought it expedient to return to the main body, and it was hoped that no far- ther opposition would be exhibited. Going alone for the purpose of mixing among his men, and appeasing them by argument and remonstrance, the general found a spirit of mutiny pervading the whole brigade. They had formed, and were on the point of moving off, knowing that no force was at hand powerful enough to resist them ; but they had to deal with a man who was a host in himself. He seized a musket, threw it across his horse's neck, placed himself in front of the brigade drawn up in column, and declared he would shoot the first man who took a step in advance. Struck with awe, the men gazed at him in sullen silence. In this position. General Coffee and some of the members of his staff rode up, and placed themselves at his side. The faithful officers and soldiers, amounting to about two com- panies, formed in his rear, under orders to fire when he did. For some minutes not a word was uttered. A mur- mur then arose among the mutineers, and at length they signified their willingness to return. The matter was amicably arranged, and the troops marched back to Fort Strother, though not in the best spirits. This incident derives additional interest from the fact, 80 tiFE OF JACKSON. that the general's left arm was not so far healed as to enable him to aim a musket, and the weapon he had was too much out of order to be fired. Shortly after the battle of Talladega, the Hillabee tribes, who had been the principal sufferers on that occasion, ap- plied to General Jackson for peace ; declaring their will- ingness to receive it on such terms as he might be pleased to dictate. He promptly replied, that his government had taken up arms to bring to a proper sense of duty a people to whom she had ever shown the utmost kindness, but who, nevertheless, had committed against her citizens the most unprovoked depredations; and that she would lay them down only when certain that this object was at- tained. " Upon those," continued he, " who are friendly, I neither wish nor intend to make war; but they must afford evidences of the sincerity of their professions ; the prisoners and property they have taken from us and the friendly Creeks, must be restored; the instigators of the war, and the murderers of our citizens, must be sur- rendered ; the latter must and will be made to feel the force of our resentment. Long shall they remember Fort Mirnms, in bitterness and tears." Having communicated to General Cocke, whose divi- sion was acting in this section of the nation, the proposi- tions that had been made by the Hillabee tribes, with the answer returned, and urged him to detach to Fort Strother six hundred of his men to aid in the defence of that place during his absence, and in the operations he intended to resume on his return, Jackson proceeded to Deposit and Ditto's landing, where the n\os\. effectual means in his power were taken for obtaining regular supplies in future. The contractors were required to furnish immediately thirty days' rations at Fort Strother, forty at Talladega, and as many at the junction of the Coosa and Tallapoosa; two hundred packhorses and forty wagons were also put in requisition to facilitate their transportation. Understand- ing now that the whole detachment from Tennessee had been received into the service of the United States, he persuaded himself that the difficulties previously en- countered would not again recur, and looked forward, EFFORTS TO RAISE ADDITIONAL TROOPS. 81 wilh sanguine expectations, to the speedy accomplish- ment of the objects of the expedition. But the satisfac- tion he felt, and the hopes he began to cherish, were of short continuance. The volunteers whvo had formerly been enrolled in the expedition to Natchez, began to look anxiously for the 10th of December, at which time they supposed their enlistments would expire. Anticipating difficulty from this cause, General Jackson was exceedingly anxious to fill up the deficiencies in his ranks. General Roberts was accordingly ordered to return and complete his brigade, and Colonel Carroll and Mnjor Searcy were despatched to Tennessee, to raise volunteers for six months, or during the campaign. At the same time, the general wrote to several patriotic citizens of that state, urging them to con- tribute their aid and assistance. In one of his letters, he expressed himself in the following touching language, which shows how deeply his heart was enlisted in the enterprise he had undertaken to accomplish : " I left Tennessee with an army, brave, I believe, as any general ever commanded. I have seen them in bat- tle, and my opinion of their bravery is not changed. But their fortitude — on this too I relied — has been too severely tested. Perhaps I was wrong in beheving that nothing but death could conquer the spirits of brave men. I am sure I was ; for my men I know are brave, yet privations have rendered them discontented — that is enough. The expedition must nevertheless be prosecuted to a success- ful termination. New volunteers must be raised to con- clude what has been so auspiciously begun by the old ones. Gladly would I save these men from themselves, and insure them a harvest which they have sown ; but if they will abandon it to others, it must be so. * * * * * * So far as my exertions can contribute, the pur- poses both of the savage and his instigator shall be de- feated ; and so far as yours can, I hope — I know they will be employed. I have said enough — I want men, and. want them immediately." Anxious to prosecute the campaign as soon as possible, vhat by employing his troops actively he might dispel 82 LIFE OF JACKSON. from their minds that discontent so frequently manifested, Jackson wrote to General Cocke, early in December, earnestly desiring him to hasten to the Ten Islands, with fifteen hundred men. He assured him that the mounted men, who had returned to the settlements for subsistence, and to recruit their horses, \voald arrive by the 12th of the month. He wished to commence his operations directly, " knowing they would be prepared for it, and well knowing they would require it. 1 am astonished," he continued, " to hear that your supplies continue deficient. In the name of God, what are the contractors doing, and about what are they engaged ? Every letter I receive from Governor Blount, assures me I am to receive plentiful supplies from them, and seems to take for granted, notwithstanding all I have said to the contrary, that they have been hitherto regularly furnished. Considering the generous loan the state has made for this purpose, and the facility of procuring bread-stufis in East Tennessee, and the transporting them by water to Fort Deposit, it is to me wholly unaccountable that not a pound has ever arrived at that place. This evil must continue no longer — it must be remedied. I expect, therefore, and through you must require, that in twenty days they fur- nish at Deposit every necessary supply." While these preparations for the vigorous prosecution of hostilities were being made, the volunteers Avere con- gratulating themselves upon their anticipated discharge from the service. They had originally enlisted on the 10th of December, 1812, to serve for twelve months. A portion of this time, however, after their return from Natchez, they had not been actually engaged in service. This fact was entirely overlooked in their calculations, and they commenced pressing their officers on the subject of their discharge. General Jackson received a letter from the colonel who commanded the second regiment, dated the 4th of De- cember, 18i;3, in which was attempted to be detailed their whole ground of complaint. He began by stating, that, painful as it was, he nevertheless felt himself bound to disclose an important and unpleasant truth : that, on the DIFFICULTY WITH THE VOLUNTEERS. oS lOth instant, the service vvfould be deprived of the regi- ment he commanded. He seemed to deplore, with great sensibility, the scene that would be exhibited on that day, should opposition be made to their departure ; and still more sensibly, the consequences that would result from a disorderly abandonment of the camp. He stated that they had all considered themselves finally discharged, on the 20th of April, 1818, and never knew to the contrary, until they saw his order of the 24th of September, 1813, requiring them to rendezvous on the 4th of October. " Thus situated," proceeded the colonel, "there was con- siderable opposition to the order ; on which the officers generally, as I am advised, and I know myself in par- ticular, gave it as an unequivocal opinion, that their term of service would terminate on the 10th of December, 1813. They therefore look to their general, who has their confi- dence, for an honorable discharge on that day ; and that, in everj'' respect, he will see that justice be done them. They regret that their particular situations and circum- stances require them to leave their general, at a time when their services are important to the common cause. "It would be desirable," he continued, "that those men who have served with honor, should be honorably discharged, and that they should return to their families and friends without even the semblance of disgrace ; with their general they leave it to place them in that situation. They have received him as an afflectionate father, while they have honored, revered, and obeyed him ; but having devoted a considerable portion of their time to the service of their country, by which their domestic concerns are greatly deranged, they wish to return, and attend to their own affairs." Although this communication announced the determi- nation of only a part of the volunteer brigade, the com- mander in chief had abundant evidence that the defection was but too general. The difficulty which he had here- tofore been compelled to encounter, from the discontent of his troops, might well induce him to regret that a spirit of insubordination should again threaten to appear in his camp. That he might prevent it, if possible, he hastened 84 LIFE OF JACKSON. to lay before them the error and impropriety of their views, and the consequences involved, should they persist in their purpose. To the foregoing letter he returned a reply which, for un- shrinking firmness of resolution, and patriotic devotion to the interests of his country, Avas never surpassed. He declared his determination to prevent tlieir return, at the hazard of his life, and called upon God to witness, that the scenes of blood which might be exhibited on the 10th of December should not be laid to his charge. He reminded the volunteers that they had been enlisted for twelve months' actual service ; that but a portion of that time had expired ; and that at the time of their dismissal, after their return from Natchez, a certificate was given to each man, setting forth the number of months he had served, and they were expressly told that they were liable to be again called out to complete the full term. He also stated that he was ready and willing to discharge them, provided he received orders to that effect from the President of the United States, or the Governor of the State, but otherwise, ihey must remain with him. The letter concluded with the following remarkable words : " I cannot, must not be- lieve, that ' the volunteers of Tennessee,' a name ever dear to fame, will disgrace themselves, and a country which they have honored, by abandoning her standard, as mutineers and deserters ; but should I be disappointed, and compelled to resign this pleasing hope, one thing I will not resign — my duly. Mutiny and sedition, so long as I possess the power of quelling them, shall be put down ; and even when left destitute of this, I will still be found, in the last extremity, endeavoring to discharge the duty I owe my country and myself." To the platoon officers, who addressed him on the same subject, he replied with nearly the same spirited feeling; but discontent was too deeply fastened, and had been too artfully fomented, to be removed by any thing like argu- ment or entreaty. At length, on the evening of the Oth of December, 1818, General Hall hastened to the tent of Jackson, with information that his whole brigade was in a state of mutiny, and making preparations to move SUPPRESSION OF THE MUTINY. 85 forcibly off. This was a measure wliich every considera- tion of policy, duty, and honor, required Jackson to op- pose ; and to this purpose he instantly applied all the means he possessed. He immediately issued the follow- ing general order: "The commanding general being in- formed that an actual mutiny exists in his camp, all officers and soldiers are commanded to put it down. The officers and soldiers of the first brigade will, without delay, parade on the west side of the fort, and await further orders." The artillery company, with two small field-pieces, being posted in the front and rear, and the militia, under the command of Colonel Wynne, on the eminences, in ad- vance, were ordered to prevent any forcible departure of the volunteers. The general rode along the line, which had been pre- viously formed agreeably to his orders, and addressed them, by companies, in a strain of impassioned eloquence. He feelingly expatiated on their former good conduct, and the esteem and applause it had secured them ; and pointed to the disgrace which they must heap upon themselves, their families, and country, by persisting, even if they conld. succeed, in their present mutiny. He told them, how- ever, that they should not succeed but by passing over his body ; that even in opposing their mutinous spirit, he should perish honorably — by perishing at his post, and in the discharge of his duty. "Reinforcements," he con- tinued, "are preparing to hasten to my assistance; it can- not be long before they will arrive. I am, too, in daily expectation of receiving information, whether you may be discharged or not — until then you must not, and shall not, retire. I have done with entreaty, — it has been used long enough. I will attempt it no more. You must now de- termine whether you will go, or peaceably remain ; if you still persist in your determination to move forcibly off, the point between us shall soon be decided." At first they hesitated ; he demanded an explicit and positive answer. They still hesitated, and he commanded the artillerist to prepare the match ; he himself remaining in front of the volunteers, and within the line of fire, which he intended, soon to order. Alarmed at his apparent determination, 8 86 LIFE OF JACKSOK. and dreading the consequences involved in such a con- test, "Let us return," was presently lisped along the line, and soon after determined upon. The officers came for- ward and pledged themselves for their men, who either nodded assent, or openly expressed a willingness to retire to their quarters, and remain without further tumult, until information was received, or the expected aid should arrive. Thus passed away a moment of the greatest peril, and pregnant with important consec(uences. Notwithstanding all General Jackson's firmness, the want of supplies and the actual necessities of his armJ^ at length compelled him reluctantl}^ to allow them to return home, while he himself remained, Avith about one hundred faith- ful soldiers, in the garrison at Fort Strother, there to await the arrival of reinforcements. ARRIVAL OF RECRUITS. 87 CHAPTER VI. 1814. Arrival of recruits — Battleof Emuckfavv — Reiiirn of the army — Ambuscade of the enemy — Battle of Enotochopco — Bravery of General Carroll and Lieutenant Armstrong — Return to Fort Strother —The army reinforced — Battle of Tohopeka — Kindness of Jacksoa to a prisoner — Preparations lo attack Hoithlewalle — Address to the troops — The Indians abandon their towns at Jackson's approach — Termination of the campaign — Operations of the British at Pensa- cola — Conduct of the Spanish governor — Proclamation of Colonel NichoUs — Unsuccessful attack on Fort Bowyer — Jackson marches to Pensacola and demolislies it. 1814. The difRculties and embarrassments which had thus far in the campaign attended the operations of General Jack- son, might well have appalled a braver spirit ; but his was not a nature to sink beneath the frowns of adverse fortune. His intrepidity of spirit, and resoluteness of purpose, were never more signally manifested, than at the very moment when the return of the volunteers left him without the means to pursue the advantages he had already gained. He again urged the governor of Tennessee to expedite the enhstment of troops, and provide means for furnishing supplies at suAli points as they might be needed. About the middle of January, 1814, eight hundred new recruits reached his camp at Fort Strother. Considering it utter- ly impracticable to penetrate the Creek country with so meagre a force, he determined to make a diversion in fa- vor of Major Floyd, who, it was feared, might be closely pressed by the enemy, in consequence of his failure to co- operate with the troops from Tennessee. Having received authentic intelligence, that a large body of the " red-sticks," or hostile Indians, were collected on the Emuckfaw creek, in a bend of the Tallapoosa river, Jackson directed his march thither; and on the evening of the 21st of January, he encamped within a short distance 88 LIFE OF JACKSON. of the enemy. A friendly Indian spy, who had recon- noitred the enemy's camp, brought in word that the In- dians were removing their women and children — a sure indication that they meditated an attack. Before daylight, on the morning of the 22d, a brisk firing was heard upon the right, and in a few moments the action became gene- ral. The enemy were soon repulsed, with the loss of many of their best and bravest warriors: but their undoubted strength, and the fact that they were constantly receiving reinforcements, determined the general to return to Fort Strother. The object he had in view was fortunately ac- complished, as it was afterwards known that the battle of Emuckfaw Xvas, in all probability, the means of saving Major Floyd's troops, who was hotly engaged with the enemy on the 27th, and would have been destroyed if their force had not been so seriously diminished. General Jackson buried the dead on the field of battle, and on the 2;^d of January commenced a retrograde march. During the night of the 2i>d there came on a violent storm, which was known to be always favorable to the Indian mode of fighting, and as his troops were not at- tacked on the night of the 22d, or while on their march the following day, he rightly conjectured that the enemy were lying in ambush ibr him at the ford of Enotochopco, about twelve miles from Emuckfaw. The stream, at this point, ran through a narrow defile ; the ford was deep ; and the banks were covered with underwood and reeds. The eagle eye of Jackson had discovered tiie natural ad- vantages of the place for an ambush, on his previous march to Emuckfaw, and he resolved to cross the stream at a ford six hundred yards lower down. In order to guard against an attack from the enemy, if they saw fit to follow him after discovering the change in his course, he formed his rear to receive them. This movement was Avisely made. Part of the army had crossed the creek, and the artillery were on the point of entering it, when an alarm gun was heard in the rear, and the next instant the whoop- ing and yelling of the savages told plainly enough that they were coming on in fearful numbers. The militia, on the right and left, being struck with a sudden panic, in- BATTLE OF ENOTOCHOPCO. 89 stantly retreated down the bank, with their colonels at their head, leaving the brave General Carroll, and about twenty- five men, to check the advance of the enemy. As Colo- nel Stump came plunging towards the creek where Ge- neral Jackson was superintending the crossing of the troops, the latter made an unsuccessful attempt to draw his sword and cut him down. He was afterwards tried by a court-martial, on a charge of cowardice, and cashiered. In the mean time, Lieutenant Armstrong ordered his company of artillery to form on the hill, and with the as- sistance of one or two others, he drew up the cannon, a six-pounder, and poinded it towards the enemy. The ramrod and picker had been lost, but Jackson supplied the deficiency by using muskets and their ramrods to load the piece. It was fired twice, and did fearful execution. The Indians began to waver, and when the general had succeeded in rallying a number of the fugitives, and formed them for a charge, they fled with precipitation, throwing away their packs, and leaving twenty-six of their war- riors dead on the field. After this repulse, the army resumed their march, and reached Fort Strother in safety, on the 27th of January, where they were dismissed by their general, until he re- ceived further orders from government, which he desired to provide him with a competent force to enter the Creek country, and put a termination to the war. Through the patriotic exertions of Governor Blount, General Jackson was again at the head of a fine army, early in March, and ready to recommence the campaign. His force at this time consisted of four thousand Tennessee militia and volunteers, and a regiment of United States regulars. In the month of February, he had received information that the hostile Indians, about one thousand in number, were fortifying themselves in a bend of the Tallapoosa river, fifty miles from Emuckfaw, where they had determined to make a last stand. The country between theCoosaand Tallapoo- sa rivers, known to the whites as the "Hickory Ground," had always been held sacred by the Indians, and they were taught, by their prophets, to believe that no white man could ever enter this territory to conquer it. Gene- ^* 90 LIFE OF JACKSON. ral Jackson saw at once that the conquest of this tract of ground would compel them to sue for peace, and he de- termined on forcing them to a general engagement. He accordingly marched his army down the Coosa, and, hav- ing established a fort at the mouth of Cedar Creek, called Fort Williams, he crossed over to the Tallapoosa. He was three days in crossing the Hickory Ground, as the road had to be cut from one river to the other. On the morning of the 27th of March, he arrived near Tohopeka with a force of over two thousand men. The bend of the river in which the enemy were fortified, as its name imports, resembles a horse-shoe in shape. Across the neck of land by which the peninsula was entered from the north, the Indians had thrown up a rude breastwork of logs, seven or eight feet high, but so con- structed that assailants would be exposed to a double and cross-fire. About a hundred acres lay within the bend, and at the bottom of it there was an Indian village, around which were a great number of canoes fastened to the bank of the river. After reconnoitering the position. General Jackson detached General Coffee to surround the bend opposite to where the canoes were secured, while he him- Sf If advanced to assault the breastwork. As soon as Ge- neral Coffee had reported, by signals, the fulfilment of the order, the two pieces of artillery, a six and three pounder, began to play upon the breastwork. The firing had con- tinued for about two hours, when some of the friendly Cherokees who were with General Cofli^e, swam the river, and brought over the canoes. A number of Coffee's troops immediately crossed over, set fire to the village, and attacked the Indians in the rear. On discovering this movement. General Jackson ordered a push to be made at the breastwork, and carried it by storm. The battle now commenced in earnest, and a most bloody and despe- rate hand to hand conflict ensued, in which the Indians were finally overpowered, and compelled to give way. A number of them attempted to escape across the river, but were shot by the spies and mounted men under General Coffee. Some took refuge among the brush and fallen timber on the clifis overhanging the river, from which KINDNESS TO AN INDIAN PRISONER. 91 they fired upon the victors. Jaclvas compelled to resort, DIFFICtTLTY WITH JUDGE HALL. 159 Jed to frequent complaints ; but when the danger was averted, and the city saved from plunder and rapine, even his arbitrary exercise of power was justified and approved. All classes and conditions united in the expression of their sincere and heartfelt thankfulness. Demonstrations of public respect succeeded each other daily ; the congra- tulations of his fellow-countrymen, whose property and whose lives he had defended, flowed in upon him without stint; and the general sentiment of approbation which soon reached his ears was no more flattering to his pride, than it was just to his abilities and his services. Although the defeat of the British on the 8th of Jan- uary completely frustrated their plans, and put an end to their contemplated march upon the city, Jackson deemed it best to continue the same watchful discipline and care which had been attended with such satisfactory results. Had his men been properly supphed with arms, he would have completed the brilliant defence of the 8th of January, by the capture of the whole British force, but, situated as he was, it Avould have been rash in the extreme to have commenced any offensive operations. He confined him- self, therefore, to perfecting his line of defences, and con- structing new ones at assailable points, in order that the success already obtained might not be hazarded by re- missness or neglect. While actively engaged in the dis- charge of his duty, the traitors and spies Avho had pre- viously occasioned him so much trouble and vexation, were secretly at work in their efforts to counteract his plans. Having failed in one attempt to betray the country, they adopted a different mode of proceeding. Besides afford- ing intelligence of his movements lo the enemy, they caused anonymous articles, calculated to excite mutiny among his troops, to be inserted ia one of the newspapers published in the city of New Orleans. So bold an act of treason was not to be overlooked, and wiih his characteristic energy and decision of character, Jackson promptly de- manded of the publisher the name of the writer of the articles. The demand was complied with, and the traitor Vv^as discovered to be one of the members of the legislature. An order was forthwith issued by the general for his im- 160 LIFE OF JACKSON. mediate arrest. An application was made to Judge Hall for a writ oUiabeas corpus, which was granted. As has been heretofore mentioned, the judge himself was at once arrested by command of Jackson, for interfering with his authority. At this time, the order proclaiming martial law had not been countermanded, in consequence of the proxi- mity of the British army, and if the general had allowed one act of opposition to his authorit}' to pass unnoticed, others might have followed in its train, which would have produced ihe most serious consequences. The British forces retired to their shipping and took final leave of Louisiana, on the 18th of January, and early in the month of February the intelligence arrived, that a treaty of peace between Great Britain and the United States had been signed by the commissioners of the two governments, at Ghent, on the 24th of December previous. The cessation of hostilities was soon after officially an- nounced. The appearance of the order releasing the city from the restraints of martial law, was followed bv a rule of court granted by Judge Hall, commanding General Jackson to appear and show cause why an attachment should not issue against him for contempt, in refusing to obey a writ, and imprisoning the organ of the law. He did not hesitate to appear and submit a full and able an- swer justifying his proceedings. After argument before the court, the rule was made absolute ; an attachment was sued out, and Jackson brought up to answer interrogatories. The proceedings were obviously unjust, but he preferred, like a good citizen, to submit quieth^o the law. He therefore declined answering questions, and asked for the sentence, which the judge, who was exceedingly inimical towards him, then proceeded to pass. It was a fine of one thousand dollars. The spectators who crowded the hall evinced the strongest indignation. On entering his carriage, it was seized by the people and drawn to the coffee-house where he was residing. When he reached his head quar- ters, he put the amount of the fine into the hands of one of his aids, and caused it to be discharged without delay. He had scarcely anticipated the intentions of the citizens, ii9 the full sum was raised among them by contribuUQn, FAREWELL ADDRESS TO HIS TROOPS. 161 in a few moments. Jackson refused to accept the mo- ney, and at his request it was appropriated to a charitable institution. He enjoyed the consciousness that the powers which the exigency of the times forced him to assume, had been exercised exckisively for the pubhc good, and were absolutely essential to the safety of the country. In addi- tion to this, he was gratefully remembered by the people for whom he had sacrificed his ease and comfort, and endured so many hardships. In 1821, the corporation of New Orleans voted fifty thousand dollars for erecting a marble statue designed to commemorate his important military services ; and the same body also gave one thou- sand dollars for his portrait painted by Mr. Earle. At the session of the United States Congress in 1844-5, complete though tardy justice was meted out to Jackson, by the pas- sage of a law in efTect approving of his conduct, and mak- ing provision for the restitution of the fine, with interest. Notwithstanding the cessation of hostilities, General Jackson remained at New Orleans, with the troops under his command, until the month of March, at which time he was relieved by General Gaines. On taking leave of the brave volunteers who had cheerfully followed him through so many difficulties and dangers, previous to their final discharge, he issued the following address, thanking them for their fidelity to the country, and expressing his sincere wishes for their future happiness and prosperity : " The major-general is at length enabled to perform the pleasing task of restoring to Tennessee, Kentucky, Louisi- ana, and the territory of the Mississippi, the brave troops who have acted such a distinguished part in the war which has just terminated. In restoring these brave men to their homes, much exertion is expected of, and great responsi- bility imposed on, the commanding officers of the different corps. It is required of Major-generals Carroll and Thomas, and Brigadier-general Coffee, to march their commands, without unnecessary delay, to their respective states. The troops from the Mississippi territory, and state of Louisi- ana, both militia and volunteers, will be immediately mus- tered out of service, paid, and discharged. 14* 162 LIFE OF JACKSON. " The major-general has the satisAiction of announcing the approbation of the President of the United States to the conduct of the troops under his command, expressed in flattering terms, through the honorable the secretary of war. " In parting with those brave men, whose destinies have- been so long united with his own, and in whose labors and glories it is his happiness and his boast to have parti- cipated, the commanding general can neither suppress his feelings, nor give utterance to them as he ought. In what terms can he bestow suitable praise on 'merit so extraor- dinary, so unparalleled ? Let him, in one burst of joy, gratitude, and exultation, exclaim — ' These are the saviors of their country — these the patriot soldiers, who triumphed over the invincibles of Wellington, and conquered the conquerors of Europe !' With what patience did you submit to privations — with what fortitude did you endure fatigue — what valor did you display in the day of battle ! You have secured to America a proud name among the nations of the earth — a glory which will never perish. " Possessing those dispositions which equally adorn the citizen and the soldier, the expectations of your country will be met in peace, as her wishes have been gratified in war. Go, then, my brave companions, to your homes; to those tender connections, and blissful scenes, which render life so dear — full of honor, and crowned with laurels which will never fade. When participating, in the bosoms of your families, the enjo3'"ment of peaceful life, with what happiness will you not look back to the toils you have borne — to the dangers you have encountered ? How will all your past exposures be converted into sources of inex- pressible delight ! Who, that never experienced your sufferings, will be able to appreciate your joys ? The man who slumbered ingloriously at home, during your painful marches, your nights of watchfulness, and your days of toil, will envy you the happiness which these re- collections will afford — still more will he envy the gratitude of that country, which you have so eminently contributed to save. " Continue, fellow-soldiers, on your passage to your se- veral destinations, to preserve that subordination, that RETURN HOME. 163 dignified and manly deportment, which have so ennobled your character. " While the commanding general is thus giving indulg- ence to his feelings towards those brave companions who accompanied him through difficulties and danger, he can- not permit the names of Blount, and Shelby, and Holmes, to pass unnoticed. With what generous ardor and pa- triotism have these distinguished governors contributed all their exertions to provide the means of victor}-- ! The recollection of their exertions, and of the success which has resulted, will be to them a reward more grateful than any which the pomp of title or the splendor of wealth can bestow. " What happiness it is to the commanding general, that, while danger was before him, he was, on no occasion, compelled to use towards his companions in arms either severity or rebuke ! If, after the enemy had retired, im- proper passions began their empire in a few unworthy bosoms, and rendered a resort to energetic measures ne- cessary for their suppression, he has not confounded the innocent with the guilty — the seduced with the seducers. Towards you, fellow-soldiers, the most cheering recollec- tions exist ; blended, alas ! with regret, that disease and war should have ravished from us so many worthy com- panions. But the memory of the cause in which they perished, and of the virtues which animated them while living, must occupy the place where sorrow would claim to dwell. " Farewell, fellow-soldiers. The expression of your ge- neral's thanks is feeble, but the gratitude of a country of freemen is yours — yours the applause of an admiring world. " Andrew Jackson, " Major-general commundingy On his route to Nashville, General Jackson saw, on every side, the certain evidences of exultation and delight. The reputation he had acquired during his campaigns in the Creek country, had extended from one section of the union to the other. All were familiar with the prompt- ness and decision, the active intrepidity, and unyielding 164 LIFE OF JACKSON. firmness, he had evinced in his different engagements and marches through the Indian territory of the Hickory Ground, and in allusion to which the appellation of "Old Hickory" had been bestowed upon him ; and the brilliant victory won at New Orleans threw the country into a complete fever of joy. For two years afterwards, General Jackson, though still retaining his rank in the army, remained at home engaged in cultivating his farm, and busily occupied with rural pleasures and labors. In the winter of 1817, the hostile Creeks, or Seminoles, who had been driven into Florida, in connection with runaway negroes from the adjoining states, began to execute schemes of robbery and vengeance against the Americans living near the frontiers. Repre- sentations in regard to these outrages had been made to the American government, and General Gaines, the acting commander of the southern district, was ordered, in the summer of 1817, to occupy a position near the borders, with a considerable force, for the protection of the citizens. He was at first directed to keep within the territorial limits of the United States, and not to cross the Florida line ; but to demand of the Indians the perpetrators of the crimes which had been committed, avoiding, if possible,' a general rupture with the deluded savages. General Gaines made the demand, in conformity with his orders. The savages, however, being deceived by the representa- tions of certain foreign incendiaries and traders, who taught them to believe that they would receive assistance and encouragement from the British, not only refused to give up the murderers, but repeated their barbarities when- ever an opportunity otiered. Whilst matters remained in this condition, the intelligence was received that Lieuten- ant Scott, one of General Gaines' officers, with forty-seven persons, men, women and children, had been surprised by an ambuscade of Indians, when descending the Appalachi- .cola river in a boat, about two miles below the junction of the Flint and Chaitahoochie, and that the whole detach- ,ment had been killed or taken prisoners, except six men, -who had made their escape. Those who were taken ;alive were wantonly butchered by the ferocious savages ; ORDERED TO THE SOUTH. 165 the little children were seized, and their brains dashed out against the side of the boat ; and all the helpless females, with one exception, were murdered. On the receipt of this intelhgence, the government saw the necessity of adopting energetic measures. Orders were immediately issued to General Jackson to repair to Fort Scott and take command of the forces in that quarter, with autliority, in case he should deem it necessary, to call upon the Executives of the adjoining states for addi- tional troops. He was also authorized to cross the bound- ary line of Florida, which was still a Spanish territory, if necessary in the execution of his orders. The orders which had been issued to General Gaines, and to which he was referred for his own guidance, required him to adopt "measures necessary to terminate a conflict which had been avoided from considerations of humanity, but which had now become indispensable, from the settled hostilitj'- of- the savage enemy." The Secretary of War also said, in a letter written to General Gaines in the month of January, 1818: "The honor of the United States requires that the war with the Seminoles should be terminated speedily, and with exemplary punishment for hostilities so unprovoked." Having collected the Tennessee volunteers, with that zeal and promptness which ever marked his career, Ge- neral Jackson repaired to the post assigned him, and as- sumed the command. The necessity of crossing the line ' into Florida was no longer a subject of doubt. A large body of Indians and negroes had made that territory their refuge, and the Spanish authorities were either too weak or too indifferent to restrain tiiem. In order to comply with the orders issued to him, Jackson penetrated at once into the Seminole towns, reducing them to ashes, and driving the enemy before him. In the council-house of the Mic- kasukians, more than fifty fresh scalps, and in an adjacent house, upwards of three hundred scalps, of all ages and sexes, were found ; and in the centre of the public square a red pole was erected, crowned with scalps, known by the hair to have belonged to the companions of Lieutenant Scott. To inflict merited punishment on the barbarians, 16G LIFE OF JACKSON". and to prevent a repetition of the massacres, by bringing the war to a speedy and successful termination, he pur- sued his way to St. Marks. He there found, in con- formity with previous information, that the Indians and negroes had demanded the surrender of the post to them ; and that the Spanish garrison, according to the command- ant's own acknowledgment, was too weak to support it. He ascertained also that the enemy had been supplied with the means of carrying on the war, from the commandant of the post ; that foreign incendiaries, who instigated the savages to cruelty, had free communication with the fort ; and that councils of war were permitted by the com- mandant to be held by the chiefs and warriors, within his own quarters. The Spanish store-houses were appro- priated to the use of the hostile party, and actually filled Avith goods belonging to them, though property known to have been plundered from American citizens was pur- chased from them by the commandant, while he professed friendship to the United States. General Jackson, therefore, did not hesitate to demand of the officer commanding at St. Marks, the surrender of that post, that it might be garrisoned by an American force, and, when the Spaniard hesitated, he entered the fort by force, though without bloodshed ; the enemy hav- ing fled, and the garrison being too weak to offer any se- rious opposition. From this place he marched upon Su- wanee, seized the stores of the enemy and burnt their vil- lages. A variety of circumstances now convinced CTeneral Jack- son, that the savages had commenced the war and persist- ed in their barbarity. He therefore arrested at St. Marks several of the British incendiaries who had excited them to hostilities. One Alexander Arbuthnot, an Indian trader, was taken at St. Marks, where he had been living as an inmate in the family of the commandant. He was tried by a court of inquiry, of thirteen respectable officers, and sentenced to be hung, which sentence was immediately carried into execution. Robert Ambrister, formerly a lieu- tenant in the British marine corps, was also tried ; and it having been proved that he had not only encouraged and SEMINOLE CAMPAIGN. 167 assisted the hostile savages, but had also led them in their marauding excursions, he was sentenced by the court to receive fifty stripes and to be confined, with a ball and chain, at hard labor, for twelve calendar months. General Jackson, however, disapproved of this sentence, which he did not think sufficiently severe ; and the case being reconsidered, Ambrister was sentenced to be shot, which sentence was forthwith executed. It was now supposed by the commanding general that the war was at an end. St. Marks was garrisoned by an American force ; the Indian towns of Mickasuky and Suwanee were destroyed ; two prominent chiefs who had been the prime movers and leaders of the savages, had been killed ; and the two foreign instigators taken and exe- cuted. The American commander, therefore, ordered the Georgia militia, who had joined him, to be discharged, and was about to return himself to Tennessee, While mak- ing his preparations, he was informed that the Indians were admitted freely by the governor at Pensacola ; that they were collecting in large numbers, five hundred being in Pensacola on the 1.5th of April, many of whom were known to be hostile, and had just escaped from the pursuit of his troops ; that the enemy were furnished with am- munition and supplies, and received intelligence of the movements of his foites, from that place ; and that a num- ber of them had sallied out and murdered eighteen Ame- rican citizens, who had settled upon the Alabama, and were immediately received by the governo]-, and furnished with means of transportation across the lake, that they might escape pursuit. These facts being ascertained by General .Tackson, from reliable authority, he forthwith took up his line of march towards Pensacola, at the head of a detachment of about twelve hundred men, for the purpose of counteracting the views of the enemy. On the 18th of May, he crossed the Appalachicola at the Ocheese village, with the intention of scouring the country west of that river, and on the 23d of the month, he received a communication from the go- vernor of West Florida, protesting against his entrance into that province, commanding him to retire from it, and 168 LIFE OF JACKSON. declaring that he would repel force by force if he did not obey. This communication, together with other indica- tions of the governor's hostility, were followed by prompt action on the part of the American general. He marched direct to Pensacola, and took possession of that place the following day. The governor himself fled to Fort Carlos de Barrancas, which post also surrendered, after a feeble resistance, on the 2Sth of May. This bold and energetic mode of carrying on the war soon put an end to the de- predations of the Indians and negroes. Parties of them were scattered here and there through the country, and, to prevent them from attacking the frontier settlements, two of the volunteer companies were ordered to scour the country between the Mobile and the Appalachicola. Thus ended the Seminole campaign, which, though not distin- guished by any heavy battles, was, nevertheless, a most arduous and harassing kind of warfare. General Jackson returned to the Hermitage, in June, 1818. His promptness and decision in checking the in- cursions of the savages, and putting an end to their de- predations, elicited new acknowledgments and new evi- dences of respect and admiration. The general govern- ment deemed it expedient ultimately to restore to Spain the posts of St. Marks and Pensacola; but the conduct of Jackson was approved, and President Monroe expressed the opinion in his ani>ual message, at the commencement of the session of Congress in 1818, that the "misconduct of the Spanish officers," in affording countenance and pro- tection to the savages, fully justified the course which had been pursued. The proceedings of the general in regard to Arbuthnot and Ambrister, were, in like manner, unequivocally confirmed. The British government even, though always prompt in protecting her citizens, could not but acknowledge the justice of their condemnation. General Jackson returned home in the summer of 1818, and in the course of the following winter he visited Wash- ington. The incidents of the Seminole campaign were then under consideration in Congress, and a report was made by a committee of the Senate extremely hostile to his character. It had not the concurrence of the ablest members of the APPOINTED GOVERNOR OF FLORIDA. 169 committee, and on the appearance of an article in the Na- tional Intelligencer, written by General Jackson himself, triumphantly defending his conduct, all further action upon it was suspended. An attempt was also made in the House of Representatives, to pass a vote of censure, but it was rejected by a decisive majority. While at the east, the general visited Baltimore, Philadelphia, and New York, in each of which he was welcomed with distinguished honors. He received the freedom of the city of New York on the 19lh of February, in a gold box ; and there, as well as in Baltimore, the municipal council requested and ob- tained his portrait, to be placed in their hall. On the 22d of February, 1819, a treaty was signed be- tween Spain and the United Slates, by which the Floridas were ceded to the latter power. Upon the final ratification of the treaty. Congress passed a law, empowering the pre- sident to vest in such person or persons as he might select, all the mihtary, civil, and judicial authority exercised by the officers of the Spanish government. Under this law, the president selected General Jackson to act as commis- sioner for receiving the provinces, and to assume the go- vernment of them. The intimate acquaintance of Jackson with the country, and the energy and decision of his cha- racter, specially recommended him for this position. The territory was completely overrun with smugglers, negro- stealers, and desperadoes of every description ; and it re- quired the exercise of no little hrmness and rigor to restore quiet and good order. The general reluctantly accepted the office, and on the 1st of Jul}^ 1821, he issued his pro- clamation at Pensacola, announcing that he had taken possession of the territory in the name of the United States, and that all citizens were required to yield obedience to her authority. Prompt measures were adopted for enforc- ing the laws, and securing the due administration of justice. Courts were immediately organized, and a system of inter- nal police instituted. By the treaty with Spain it was expressly stipulated, that all the archives and documents relating to the pro- perty and sovereignly of the provinces should be delivered up to the American authorities. A case soon occurred un- 13 no LIFE OF JACKSON. der this clause of the treaty, which called out all General Jackson's well-known firmness and promptitude. On the 22d of August, he received a petition from certain indivi- duals, setting forth that certain papers of great importance to the rights of several orphan females, whose inheritance was under litigation, had been feloniously retained by the Spanish Ex-governor, Callava, and that they were in the hands of a man named Sousa. Jackson forthwith ordered three officers to wait upon Sousa, and demand the docu- ments. He exhibited them to tlie officers, but refused to give them up, as they had been intrusted to him by Cal- lava. On being summoned to appear before Jackson with the papers, Sousa returned for answer that they had been sent to the house of the Ex-governor. Two officers were directed to repair thither and demand them ; and if Cal- lava refused to deliver them up, to arrest both him and his steward, who had received them, and bring them before the governor. After considerable parleying, Callava finally refused, in the most positive terms, to surrender the documents, whereupon he was conducted, under a guard, to the office of Jackson. Arrived there, he persisted in his refusal, and commenced protesting against the course pursued by the general, who instantly committed him to prison. The box containing the papers was obtained the next morning, and opened by officers specially commissioned for that purpose. The papers sought for were found, to- gether with decrees which Cafiava had made, in favor of the heirs, but corruptly suppressed. The object of his imprisonment having been gained, the Ex-governor was released from custody. Previous to his discharge, a writ of habeas corpus was issued to extricate him from his con- finement, by Mr. Fromentin, who had been appointed a judge by the United States government, with a jurisdic- tion expressly limited to cases arising under the revenue laws, and the acts of Congress prohibiting the introduc- tion of slaves. At this time, the general judiciary act had not been extended to Florida, and General Jackson pos- sessed, in his own person, by the terms of the law under HIS RESIGNATION. X7l which he was appointed, the supreme judicial power uni- formly exercised by the Spanish governors, captains-gene- ral, and intendants. He, of course, refused to obey the writ, and reprimanded Mr. Fromentin, in severe terms, for his interference. Callava afterwards attempted to excite a prejudice against General Jackson, by an exposition which was published m some of the American papers; but the statements made by him were shown to be so grossly false, that he obtained little sympathy. The pro- ceedings of Jackson underwent the rigid scrutiny of a committee of the House of Representatives, and the result was his complete justification. Although the measures he adopted appeared harsh, the American people were ready to approve his conduct, when it was ascertained that it originated in a desire to carry out his own noble sentiment, that " the great can protect themselves, but the poor and humble require the arm and shield of the law." Several Spanish officers who had remained with Cal- lava, published an article in a Pensacola paper, after his discharge, in which they accused the general of violence and tyranny. It was stipulated in the treaty that all Spa- nish officers should be withdrawn from the territories, with- in six months after its ratification. More than this term had elapsed. Jackson issued a proclamation without de- lay, commanding them, as trespassers and disturbers of the public peace, to depart in the course of a week. They wisely obeyed the order and left the territory. About the same time, the Ex-governor of East Florida attempted to retain a number of important documents which should have been delivered up. When the fact came to his knowledge, the general tramsmitted his orders to take them by force, if they were withheld. The order was carried into effect ; the ex-governor protested against the act, but received little sympathy or encouragement. The ill health of General Jackson compelled him to resign his position in a few months. On the 7th of Oc- tober, he delegated his power to his secretaries, and re- turned to Nashville. In his valedictory address to the 172 LIFE OF JACKSON. citizens of Florida, he informed them that he had com- pleted the temporary organization of the two provinces, and justified and defended the acts of his administration. It was with great regret that the people of the territory saw him depart, and the spontaneous manifestations of esteem and gratitude which were exhibited towards him, were both creditable to him and to those whom he had so faithfully served. RESIGNS HIS COMMISSION. 173 CHAPTER XL 1821. Jackson resigns his office in the army — Testimonials of public respect — A candidate for the Presidency — Defeated in the House of Representatives — Election of Mr. Adams — Course of Jaclison's friends — His renominatiou — Warmth of the contest — Elected pre- sident — Deaih of his wife— »Kindness to her relatives — His first mes- sage — Veto of the Maysville road bill — Dissolution of the cabinet — Opposition to the United -States Bank — Veto message — Re-elected president — Difficulty with the nuUiiiers — Assaulted by Lieutenant Randolph — Removal of the deposits — Public excitement — Con- troversy with France — Retirement to private life. 1837. The hardships and privations which General Jackson had experienced in his different campaisrns against the Indians, so far undermined his health, that he was com- pelled to resign his commission in the army of the United States, and retire to private life. But the gratitude of the nation followed him in his retirement, and only waited the opportunity to confer upon him the high reward which was due to his long and faithful services. The citizens of Tennessee were not only protid of the distinguished reputation which reflected so much honor on his adopted state, but they were eager to evince to the world the favorable estimation in which they regarded him. On the 4th day of July, lb23, the governor of the stale, by order of the legislature, presented him with a sword, as a testimonial " of the high respect entertained for his public services ;" and on the 20th of August following, the same body recommended him to the union for the office of president. This recommendation was repeated by the legislature of Alabama, and various meetings of private citizens in different sections of the country. In 1823, the office of Minister Plenipotentiary to the Mexican government was tendered to him by President Monroe ; 15* It4 LIFE OF JACKSON. but he declined its acceptance. He was again elected to the Senate of the United States, in the autumn of that year, and remained in the office until 1825. The canvass previous to the presidential election in 1824 commenced as early as the year 1822. A majority of the republican party, to which Jackson belonged, in the northern and middle states, vi^ere in favor of the nomina- tion of John Gluincy Adams, then secretary of state. The same party at the south and west, were divided between General Jackson, William H. Crawford, of Georgia, Henry Clay, of Kentucky, and John C. Calhoun, of South Caro- lina. During the congressional sessions in 1S23 and 1824, the presidential question was constantly in agitation. The friends of Mr. Crawford were probably the most numerous in the two houses, but more than two-thirds of the mem- bers were in favor of some other candidate. It had usually been the custom to make the nominations in advance of the election, at a congressional caucus, and an effort was made at the session of 1824, to bring forward the name of Mr. Crawford in that way. A caucus was accordingly held, but it was not attended by a majority of the repub- lican members. The consequence was, that each section of the country was left at liberty to support whichever of the candidates was preferred. The election was con- ducted with considerable spirit and animation, and the result was, that no candidate received a majority of the electoral votes. On counting the official returns, it ap- peared that Andrew Jackson had received ninety-nine votes ; John (iuincy Adams, eighty-four ; William H. Crawford, forty-one, and Henry Clay, thirty-seven. The constitution of the United States provides that where no candidate for the presidency receives a majority of the electoral votes, the election shall be made by the House of Representatives, from the three highest on the list ; and that the members shall vote by states ; each state being entitled to but one vote. No choice having been made by the people at the election in 1824, the matter was brought forward at the ensuing session of Congress, and John duincy Adams was elected president, he having received the votes of thirteen states. CHOSEN PRESIDENT. 175 Soon after the result of this election, Mr. Crawford withdrew from public hfe, in consequence of a severe bodily affliction. Mr. Clay was appointed Secretary of State under Mr. Adams, and the friends of Jackson and. Crawford subsequently united in opposition to the then administration. The manner in which Jackson had been defeated, notwithstanding his having received the greatest number of votes, encouraged his friends and supporters, who were quite numerous, and devotedly attached to him, to make renewed efforts for the next election. An attempt was made to bring forward De Witt Chnton of the state of New York, as a candidate ; but he expressly refused to allow his name to be used in opposition to General Jack- son. The friends of Mr. Adams, however, took prompt measures to procure his re-election. In September, 1827, the general repubhcan committee of the city of New York, most of whom had previously been Crawford men, pre- sented Jackson as their candidate for the presidency. At the November election in that year, a large majority of the electors of the state expressed their approbation of the movement, by the choice of a majority of members of the legislature friendly to his nomination. This satis- factory evidence of the feelings of the voters in so large and powerful a state, put an end to the idea of selecting any other candidate. His nomination was welcomed, with a feeling akin to enthusiasm, from one end of the union to the other, and the election, which took place in 1828, was one of the most animated and exciting which had been witnessed for several years. During the canvass, the parlizans on both sides became quite exasperated, and much was said and written con- cerning the candidates, which might have been wisely omitted. Among other things, the private character and public acts of General Jackson were subjected to a severe and rigid scrutiny. The circumstances attending his mar- riage, his conduct during the campaign against the Creeks, the attack on Pensacola, the arrest of Judge Hall, and the trial and merited punishment of Arbathnot and Ambrister, were commented on in the harshest terms, and in many instances grossly misrepresented. These uncalled for at- m LIFE OF JACKSON. tacks produced no effect on the public mind, except that of enlisting a warmer feeling of sympathy in his behalf, and animating his friends to renewed exertion. The result of the election was, that General Jackson received one hundred and seventy-eight of the electoral votes, and Mr. Adams eighty-three. Not long after the result of the election was made known. General Jackson experienced a most afflicting bereavement, in the death of his amiable wife. To him the loss was irreparable. For many anxious years, when the duties of his position had called him from her side, by the lonely watch-fire, in the solitude of the forest, on the ramparts of his intrenchments at New Orleans, amid the leafy hammocks and everglades of the ftir south, had he looked forward to his retirement from his public duties, comforted by the cherished hope that the evening of his days would be gilded with the halo of that deep and earnest affection which had ever been the light and the joy of the Hermitage. It was hard for him to part with one to whom he was so devotedly attached, just as he was entering upon the enjoyment of the crowning reward of a brilliant and prosperous career. To the day of his death he continued to cherish her memory with a sincere and heart-felt reverence. Having no descendants of his own, he proved himself, if that were possible, even more than a father, to the younger branches of her family. He adopted them as his own, and always regarded them with marked favor and kindness. General Jackson entered upon the duties of the chief magistracy of the Union, on the 4th day of March, 1839. In his inaugural address, he set forth, in general terms, his views in regard to the administration of the govern- ment, and expressed the diffidence he felt on assuming the high and responsible station to which he had been ele- vated. His first annual message to the two Houses of Congress, delivered on the 8th day of December, 1829, contained a more full exposition of his opinions in regard to questions of pubhc polic3^ He averred his determina- tion to bring the matters in dispute with Great Britain and France, growing out of the north-eastern boundary HIS FIRST MESSAGE. 177 question and the claims of American citizens for depreda- tions committed on their property, to a speedy settlement. He recommended the amendment of the constitution, so as to enable the electors of the country to vote directly for president and vice-president, the modification of the tariff, the apportionment of the surplus revenue among the several states, provided it was " warranted by the consti- tution," and the removal of the Indian tribes beyond the Mississippi. He also expressed his doubts as to the pro- priety of renewing- the charter of the United States Bank, and his belief that if a similar institution was thought ne- cessary for the purposes of the government, it Miould be exclusively a national one, founded upon the public reve- nues and credit. In the month of May, 1830, a bill passed the two Houses of Congress, proposing to authorize " a subscription of stock in the Maysville, Washington, Paris, and Lexington Turnpike Road Company." On the 27th of the month, the president returned the bill with his objections to its passage. Although friendly to works of internal improvement, he stated that he was opposed to the construction of any work involving a claim of jurisdiction to the territory necessary to be occupied for its preserva- tion and use, paramount to the sovereignty of the state ; and to the appropriation of money " from the national trea- sur}^ in aid of such v^^orks when undertaken by state au- thority, surrendering the claim of jurisdiction." Believing that the bill under consideration was liable to both objec- tions, he withheld his official sanction. The annual message of the president in December, 1830, contained no new recommendations of special importance. His views in regard to the amendment of the constitution, the distribution of the surplus revenue, and the recharter of the United States Bank, were again presented to the consideration of Congress. During the session, a resolu- tion was presented by Colonel Benton in the Senate, de- claring that the charter of the bank ought not to be renewed, which was lost by a vote of twenty to twenty-three. At the time of General Jackson's election in 1828, it was thought that he might not be a candidate for re-elec- tion. Consequently, the question as to the selection of his 178 LIFE or JACKSON. successor early attracted the attention of the politicians at the seat of government. In the winter of 1830, consider- able ill feeling was produced in his cabinet, particularly on the part of the friends of the vice-president, Mr. Cal- houn, growing out of what was said to be the especial favor shown to Mr. Van Buren, secretary of state. An un- fortunate difficulty in regard to the family relations of several members of the cabinet, increased this ill-feeling to such an extent, that Mr. Van Buren, and Mr. Eaton, the secretary of war, tendered their resignations in April, 1831. On accepting the resignations. General Jackson signified to their associates his desire to reconstruct his cabinet, whereupon the other members resigned, and a new cabinet was formed which proved to be much more harmonious in its operations. It was always a prominent wish with General Jackson, to secure entire unanimity among his constitutional advisers; and this did not proceed from any desire to exact a slavish subserviency to his views ; but it was the natural consequence of his remarkable energy and independence of character. Prepared at all times to as- sume everj'- responsibility connected with his administra- tion of the executive authority, he desired his cabinet to be a complete unit, and that it should adopt the plans and carry out the views approved by him whom the law and the constitution had recognised as its head. The president announced to Congress, at the session commencing in December, 1831, the fact that a treaty had been signed with France providing for the payment of the claims for illegal seizures and confiscations during the war with the allied powers. This had long been a vexed question of difference between the two governments, and its adjustment was ardently desired on all hands. .On the 4th day of July, 1832, the bill to recharter the United States Bank, which had been passed by the two Houses of Congress, was presented to General Jackson. His views in regard to that institution were well known. Previous to his election to the presidency, he had, on several occa- sions, avowed his hostility to a continuance of tlie charter. On the 10th day of July, he returned the bill to the Senate, iu which it originated, accompanied with his reasons for VETO OF THE UNITED STATES BANK. 179 declining to give the measure his approbation.* This was a bold and decided step on the part of the president. Although many of his friends had long known what would be his decision, quite a number of them, and those among the most influential, were friendly to the bill, and indulged the hope that it would finally receive his sanction. When it became known that the veto-message was about to be sent in, he was beset with importunities to reconsider his determination. But the rock of Gibraltar could not have been more immovable. His opinions could not be changed, and the iine of conduct he had marked out was fixed and unalterable. Whatever may be the views entertained in regard to the positions laid dowai in the veto-message of General Jack- son, no one can avoid admiring the unshrinking firmness and high moral courage displayed in his course on this question. The bank wielded an immense power. All classes, trades, and conditions, were more or less connected with its transactions. Its agents were scattered over the country, from one extremity to the other ; and, as the se- quel proved, those who controlJed its affairs were not un- wilhng to enter into the arena of pohtical strife, for the purpose of perpetuating its existence. General Jackson was renominated for the presidency, in 1S32, in connection with Martin Van Buren, of New York, as the candidate for vice-president. The incidents of this important elec- tion are not yet forgotten. The sudden contractions and expansions of the currency produced by the bank were severely felt. The moneyed interests of the country were temporarily deranged. The storm was a severe one. No public man of his day but Andrew Jackson, possessed the fearlessness requisite to encounter it. No man save him- self had that deep and abiding hold on the sympathies and affections of the American people, without which he would inevitably have been crushed. Nothing but his command- ing influence and wide-spread popularity, connected with the unflinching resoluteness of his character, enabled him, hke the proud oak, to set the whirlwind at defiance. * See Appendix, note A, 180 LIFE OF JACKSON. Henry Clay was selected as the candidate of the oppo- nents of General Jackson's administration. The friends of Mr. Calhoun, in South Carolina, where the tariif ques- tion had already produced a most bitter feeling of hostility to the general government, remained almost entirely aloof from the contest. The anti-masonic party in the northern states, which had recently been formed, supported William Wirt of Maryland. A great deal of vindictiveness and animosity was engendered during the canvass, and much of the hostility evinced towards General Jackson during the remainder of his administration, may be traced to the veto and his subsequent re-election. The returns from the electoral colleges exhibited the following result : Andrew Jackson received two hundred and nineteen votes, and Henry Clay forty-nine ; John Floyd received the eleven electoral votes of South Carolina; and seven were given for WiUiam Wirt in Vermont. The re-election of General Jackson, by so great a majority, in despite of the opposition arrayed against him, showed conclusively the extraordi- nary extent of his popularity and influence. During the summer and fall of 1832, the state of South Carolina was agitated with the throes of an incipient re- volution. It was claimed by Mr. Calhoun and his friends, who were known in the political parlance of the day, as nullifiers, that the operation of the revenue laws was so exceedingly unfair and unjust, that it released that state from all its obligations under the compact formed between the several members of the union. Arms were procured, and men organized into companies and regiments, under the orders of the state government, in order to resist the execution of the laws if an attempt were made to enforce them within her boundaries. Such proceedings could not be suffered to pass unnoticed. President Jackson im- mediately caused the fortifications of the United States in that quarter to be amply prov^ided and garrisoned, and the attention of Congress was called to the subject in his an- nual message. Soon after the message was delivered, the information was received that a convention held in the state of South Carolina, had passed an ordinance de- claring the several acts of Congress to Avhich objections ATTACK OF LIEUTENANT RANDOLPH. 181 had been raised, to be unauthorized by the constitution and therefore null and void. The president forthwith issued his celebrated proclamation, which is deservedly regarded as one of the ablest state papers that ever came from his pen.* It is remarkable alike for the nervous eloquence of its style, and the glowing- and earnest pa- triotism which breathes forth in every line. On the Kith of January, 1833, the proceedings of the nuUifiers were made the subject of a special communication to Congress. This exciting controversy was terminated, after consider- able difficulty, by the passage of the Compromise i\ct, which contemplated an entire change in the tariff system of the country. In the spring of 1833, a personal attack was made upon General Jackson, which shows how little age had dimmed the fire and intrepidity of his youth. On the 6th of May, he left Washington, in company with the members of his cabinet, and his private secretary, in compliance with the invitation of the "Monumental Committee" at Fredericks- burg, to lay the corner-slone of the pillar, to be erected in honor of the mother of Washington. " The day," says the correspondent of a public paper, " was mild, and the air soft and refreshing. After the company had assembled on board, they paid their respects to the Executive, which that venerable patriot received with the ease and grace of the most finished gentleman of the old school. They then separated ; some of the party went upon the upper deck, to admire the picturesque and beautiful scenery of the surrounding country, whence, from the north round to the south, lay a line of high grounds, forming within their interior an extensive amphitheatre. On the south, was the broad and peaceful Potomac, stretching as far as the eye could reach. On the eastern branch of the river was to be seen the navy yard, and several of the public armed vessels lying in the stream, with our flag floating on the breeze ; and on the western branch, we had a distant but beautiful view of Georgetown, as it slopes from the high grounds to the river: and between that and the navy * See Appendix, note B. 16 1S2 LIFE OF JACKSON. yard, was to be seen the city of Washington, whence we had just taken our departure; and from our situation we- had, at one glance, a view of the bridge crossing the river, which exceeds a mile in extent, the chief magistrate's house, and the capilol, with its splendid dome, rearing its head over every other object. Among those who went upon the upper deck were the heads of departments. A group of ladies, with their attendants, were seated in the after pan of the boat ; and an excellent band of music was playing several national airs, as the steamer ghded on her way, and shortly arrived at the city of Alexandria. Gene- ral'jackson had, just previous to the boat's reaching the wharf, retired to the cabin, and had taken his seat at a long table, which had been set preparatory for dinner. He was seated on the west side, and next to the berths, there beino- barely room enough left between the berths and table for a person to pass, by moving sidewise. Upon his left sat Mrs. Thruston, the wife of Judge Thruston, of Washington ; and on the opposite side of the table sat Major Donelson, the general's private secretary ; Mr. Pot- ter, a clerk in one of the departments at Washington ; and Captain Broome, of the marine corps. The president was reading a newspaper. While in this situation, (there being no other person in the cabin or near him,) a large number of citizens came on board, as it was supposed to pay their respects to him. Among the number was Ran- dolph, late a lieutenant in the navy. He made his way into the cabin, and after speaking to Captain Broome, who had long been acquainted with him, he immediately ad- vanced between the table and the berths towards the pre- sident, as if to address him. The president did not know him, and it seems that Captain Broome did not mention his name, because, he said, he believed that the object of his visit was to present a petition praying to be restored to the navy again ; still, as the captain did not know that that was the object of his visit, and fearing, as he said, that he might, intend to commit some act of violence, he stepped quickly to the same side of the table, and ad- vanced up to and near Randolph, who had by this time come so near General Jackson as to be observed by him, ATTACK OF LIEUTENANT RANDOLPH. 183 who, supposing it was some person about to salute him, said that he was afflicted with a severe pain in his side, and begged to be excused for not rising ; and seeing that Randolph had some difficulty in pulling oft^ his glove, he stretched out his hand towards him, saying, at the same time, "Never mind your glove, sir," Upon this, Ran- dolph thrust one hand violently into the president's face ; but before he could make use of the other, or repeat his blow, Captain Broome seized and drew him off towards the door, A part of the table was broken down in the scufrie. Mr. Potter thrust his umbrella at Randolph across the table, at the moment Captain Broome seized him ; whereupon, Randolph's friends clenched him, hurried him out of the cabin, and off from the boat, leaving his hat be- hind. This was done so quickly that the few persons who were near the president were not aware of it, as they had all turned round after pushing Randolph away, to inquire whether or not the chief magistrate was much hurt. He was so confined behind the table, that he could not rise with ease, nor could he seize his cane in time to defend himself. The news of this outrage was soon cir- culated around the boat, and at first it seemed so incredible that no one could be found to believe it ; all, however, im- mediately repaired to the cabin, and heard the president relate the story himself. '• Had I been apprized," said he, " that Randolph stood before me, I should have been prepared for him, and I could have defended myself. No villain," said he, " has ever escaped me before ; and he would not, had it not been for my confined situation." Some blood was seen on his face, and he was asked whether he had been much injured. "No," said he, "I am not much hurt; but in en- deavoring to rise, I have wounded my side, which now pains me more than it did." About this time, one of the citizens of Alexandria, who had heard of the outrage, addressed the general, and said: " Sir, if you will pardon me, in case I am tried and con- victed, I will kill Randolph for this insuh to you, in fifteen minutes !" "No sir," said the president, "I cannot do that! I 184 LIFE OF JACKSON. want no man to stand between me and my assailants, and none to take revenge on my account. Had I been pre- pared for this cowardly viliaiii's approach, I can assure you all, that he would never have the temerity to under- take such a thing again." General Jackson had for some time been firmly im- pressed with the belief that the public deposits with the United States Bank were far from being safe, and in the summer of 18;V3 he decided to cause them to be removed. At the close of the previous session of Congress, a resolu- tion was adopted in the House of Representatives, declar- ing that they might be safely continued with the bank ; but, in the vacation, circumstances transpired connected with the speculations of the bank, which, as the president thought, called for prompt action. Mr. Duane, the Se- cretary of the Treasury, refused to carry out the wishes of the president, and ho was forthwith removed, to make room for Mr. Taney, then Attorney-General, and after- wards Chief Justice of the Supreme Court. The deposits were withdrawn from the bank in October, and the con- test between the friends of that institution and the ad- herents of General Jackson was renewed with increased asperity and violence. At the next session of Congress the subject was brought up, and for weeks formed the principal topic of discussion. Several very able speeches were made by the leading politicians belonging to the two parties. On'the 2bth of xVIarch, a resolution was adopted in the Senate, which had been offered by Mr. Clay, ex- pressing the opinion that the president, in his proceedings in relation to the public revenue, had "assumed upon himself authority and power not conferred by the consti- tution and laws, but in derogation of both." On the 15th of April following, the president sent a message to the Senate, respectfully protesting against their impeachment of his official acts, and requesting his communication to be entered on the journals.* The controversy between the president and Senate was carried so far, that that body refused to confirm a large number of his appointments, in many instances solely upon political grounds. At several * See Appendix, note C. HIS FINAL RETIREMENT. 185 subsequent sessions, the removal of the deposits was dis- cussed in Congress. Mr. Benton, of Missouri, at an early day, made a movement in favor of expunging the resolu- tion of censure from the journals of the senate. After several ineffectual attempts, a vote to that effect was adopted in the Senate, in conformity with the expressions of several public meetings, and the instructions of the legis- latures of different states. The resolution was ordered to be expunged, by drawing black lines across and around it. In his annual message on the Jid of December, 1833, General Jackson informed Congress that the French go- vernment had failed to pay the instalment required by the stipulations of the convention concluded on the 4th of July, 1831. At the next session he again called their attention to the continued delay in the payment of the money, and recommended the passage of a law authorizing reprisals upon French property, in case provision should not be made for it at the approaching session of the Chamber of Deputies. The prompt and decisive tone of the president's message startled the chivalric feehngs of the French nation. The passports of the American minister were tendered to him, and a serious rupture was confidently anticipated. The unyielding firmness of General Jackson, and the sense of justice which soon prevailed in the French Chamber, averted the danger, and restored the peace and harmony previously existing between the two nations. Nothing of unusual interest occurred during the admi- nistration of General Jackson, after the amicable settlement of the difficulty with France. The severe panic which followed the derangement of the currency, consequent upon the efforts of the bank to procure a renewal of its charter, was followed by a season of unexampled prosperity. In 18o5, the public debt was entirely liquidated; and on the final retirement of General Jackson to private life, in the spring of lb37, he issued a farewell address to the Ame- rican people, setting forth the principles upon which he had conducted the affairs of government, and congratulat- ing them on the peace and happiness which they enjoyed.* * See Appendix, note D. 16* 1S6 WFE OF JACKSON. CHAPTER XII. 1837. Ill health of General Jackson — Arrival at the Hermitage — Influence with his party — Friendly to the annexation of Texas — His occupations — 'Embarrassed in his pecuniary affairs — Refunding of the fine imposed by Judge Hall — Failure of his health — His last illness — His Christian resignation and death — Honors paid to his memory — Remarks of Reverdy Johnson — Speech of Daniel Web- ster — Character of Jackson — His qualifications as a soldier and statesman — Attachment to his friends — His personal appearance — His patriotism. 1845. A SHORT time previous to the termination of his official career, General Jackson was attacked with a severe he- morrhage of the hings, which for some days incapacitated him from attending to business. He recovered, however, sufficiently to be present at the inauguration of his suc- cessor, and take part in the ceremonies of the day. On his arrival at the Hermitage he was quite weak and infirm, but the relaxation from mental labor, and the kind atten- tions of his adopted children, soon restored him to com- parative strength and health, though he still suffered much from the diseased state of his lungs. The various questions of public policy which afterwards agitated the country, and the movements of the two great poHtical parties in the nation, did not fail to excite his attention. His in- fluence was silently exerted and felt in our national poli- tics up to the day of his death. He was still regarded as the leader of the party which had so long looked up to him as its head, and on all important occasions was con- sulted with as much veneration as were the oracles of olden time. He was, from the first, the Avarm and steadfast friend of the annexation of Texas to the Union. In the settlement of the Oregon boundary question he took a deep interest, though he did not live to see the boundary finally adjusted. HIS LAST ILLNESS. 187 Most of General Jackson's time, in his retirement, was spent in ministering to the comforts of those who were dependent on him, and in overseeing the labor performed on his estate. He was a sincere and devout communicant of the Presbyterian church, and he erected a house of worship in the immediate vicinity of the Hermitage, for the convenience of his family and servants. Towards the close of his life he became involved in Iris circumstances, on account of some endorsements for a friend. When his condition was made known, several offers \vere made to extend him such pecuniary assistance as he might need. At the session of 1844-5, a 'law was passed by Congress, providing for the reimbursement of the fine of one thou- sand dollars paid by General Jackson at New Orleans, \vith interest from the time of its original payment. This act of justice, tardy as it was, was peculiarly grateful to the feelings of the general, and it served to sweeten the clos- ing reflections of his life. For several months previous to his decease, the health of General Jackson began rapidly to fail. His constitu- tion had been originally strong and vigorous, but exposure and privation during his Indian campaigns seriously im- paired his physical vigor. A gentleman who visited him in the month of May,' 1845, states that he had not, at that time, been in a condition to lie down for four months. His whole system was invaded with dropsy; he had not suffi- cient strength to stand ; and his disease was attended with so much bodily pain, that he could obtain no sleep except by means of opiates. While in this dying condition, his por- trait was taken by an artist employed for the purpose by Louis Phillippe, King of the French, who designed to place it by the side of Washington's in his gallery. He was con- stantly cheered by the visits of his old and attached per- sonal friends ; and the consolations of religion, to which he loved to resort, were a never-failing solace to his heart. On one occasion he remarked to a clergyman who called upon him, that he was "in the hands of a merciful God. I have full confidence," said he, "in his goodness and mercy. My lamp of life is nearly out, and the last glim- mer is come. I am ready to depart when called. The 188 LIFE OF JACKSON. Bible is true. The principles and statutes of that lioly book have been ti:ie rule of my life, and I have tried to conform to its spirit as near as possible. Upon that sacred volume I rest my hope of eternal salvation, through the merits and blood of our blessed Lord and Savior, Jesus Christ." General Jackson continued to grow more feeble, until Sunday, the yth day of June, 1845. Early in the morn- ing of that day he swooned, and for some time was sup- posed to be dead. On reviving from the swoon, he became conscious that the spark of life Avas nearly extinguished, and, expecting to die before another sun Avould set, he sent for his family and domestics to come and receive his (lying benediction. His remarks, it is said, were full of affection and Christian resignation. His mind retained its vigor to the last, and his dying moments, even more than his earlier years, exhibited its highest intellectual light. To his fa- mily and friends he said : — " Do not grieve that I am about to leave you, for I shall be better off". Although I am af- flicted with pain and bodily suffering, they are as nothing compared with the sufferings of the Savior of the world, who was ]iut to death on the accursed tree. 1 have ful- filled my destiny on earth, and it is better that this worn- out frame should go to rest, and my spirit take up its abode M'ith the Redeemer." He continued thus to address his relatives and friends, at intervals, during the forenoon, and, as the attending physi- cian. Dr. Esleman, remarked, his confidence and faith in the great truths of religion seemed to be more firm and unwavering than any man he had ever seen die. He ex- pressed a desire that Dr. Edgar, of the Presbyterian church, should preach his funeral sermon, and that no pomp or parade should be made over his grave. After years of patient suffering and endurance, the aged soldier and statesman thus quietly sunk into his last sleep. Calm and self-collected, though oppressed with ])ain, he yielded up his spirit with the resignation of a Christian. His death took place on the evening of the Slh of June, in the seventy-ninth year of his age. The death of such a man, of one who had occupied so prominent a place in the affairs of the nation, and rendered RESPECT TO HIS MEMORY. 189 SO many signal services to his country, v/as not to be re- garded as a thing of idle moment. Political opponents and friends met together like brethren, to offi-r the lust tribute to his memory ; and the rancorous hostility of the partisan was forgotten, as he bent over the grave of Andrew Jackson, and involuntarily bedewed it with his tears. Throughout the union, the respect paid to his memory was both solemn and impressive. All the courts and public bodies in session adjourned on receiving the intelligence. Funeral processions were formed, and ad- dresses delivered in all the principal cities ; and nothing was left undone to evince the sincere regard for his cha- racter which was universally entertained. Among the eloquent tributes which the occasion elicited, the annexed remarks of Reverdy Johnson, a senator in Congress from the state of Marj^and, and a political opponent of General Jackson, before the Court of Appeals of that state, richly deserve a perursal : " May it please the court — I rise to announce to the court the death of a great American, and to ask, in behalf of my brethren of the bar, as a respect justly due to his memory, that the court at once adjourn. " Andrew Jackson is no more. A long and trying ill- ness is at last terminated, and his spirit has winged its tlight, I trust, to heaven. The life and character of the deceased have for many years filled a large space in the public eye ; and perhaps no man has ever lived amongst us, whose popularity or influence with the American people was deeper seated, or more commanding. "1 need not inform the court, that the administration of the general government by this eminent citizen, during his presidency, in almost every particular of it, except his noble stand against the perilous and unconstitutional doc- trine of nullification, did not receive the approval of a large political party of the country ; but as a member of that party, I never doubted that he was in heart and soul a patriot, deeply attached to the free institutions under which we hvc, and ardently solicitous for the honor and prosperity of the nation. 190 LIFE OF JACKSON. " It is a redeeming trait in the character of our people, and greatly diminishes the mischiefs of mere party spirit, that we instinctively, when the nation is called upon to vindicate its honor, are found, to a man, united ; and that on the death of a great and patriotic citizen, we are alike found, without regard to party, joining in a national la- mentation at the atflictive event. " In this instance, there were in the eventful life of the de- ceased, deeds of service rendered the country, by which we all feel that the national glory was eminently subserved, " His military course seemed to know no disaster. With him, to go to battle was to go to victory. Whether war- ring at the head of American troops, with the cunning and daring of savage valor, or with the bravery and skill of the best disciplined army of the European world, the result was ever the same — a triumph. The crowning glory of his military life, the Battle of New Orleans, whilst it immeasurably increases the fame of our arms, will, in all future time, serve as a beacon to protect our soil from hostile tread. " In honor of such a man, it is fit that, in every portion of this great nation, due respect should be shown to his memory ; and I therefore move the court to gratify the feeUngs of the bar, as I am sure they will their own, by adjourning for the day." When the intelligence of the death of General Jackson reached New York, a special meeting of the New York Historical Society, of which the deceased was a member, was called, in order to express their regret at the national bereavement, and adopt measures for evincing their re- spect. Daniel Webster was present at the meeting, and made the following remarks, alike creditable to his head and his heart. "Nothing could be more natural or proper, than that this society should take a respectful notice of the decease of so distinguished a member of its body. Accustomed occasionally to meet the society, and to enjoy the com- munications that are m.ade to it, and proceed from it, illus- trative of the history gf the country and its government, REMARKS OF DANIEL WEBSTER. 191 I have pleasure in being present at this time also, and on this occasion, in which an element so mournful mingles itself. General Andrew Jackson has been from an early period conspicuous in the service and in the councils of the country, though not without long intervals, so far as respects his connection with the general government. It is fifty years, I think, since he was a member of the Con- gress of the United States, and at the instant, sir, I do not know whether there be living an associate of General Jackson in the House of Representatives of the United States at that day, with the exception of the distinguished and venerable gentleman who is now president of this society. I recollect only of the Congress of '96, at this moment now living, but one — Mr. Gallatin — though I may be mistaken. General Jackson, Mr. President, while he lived, and his memory and character, now that he is deceased, are presented to his country and the world in different views and relations. He was a soldier — a general officer — and acted no unimportant part in that capacity. He was raised by repeated elections to the highest stations in the civil government of his country, and acted a part certainly not obscure or unimportant in that character and capacity. "In regard to his military services, I participate in the general sentiment of the whole country, and I believe of the world. That he was a soldier of dauntless courage — great daring and perseverance — an officer of skill, and arrangement, and foresight, are truths universally admitted. J3uring the period in which he administered the general government of the country, it was my fortune, during the whole period of it, to be a member of the Congress of the United States, and as it is well known, it was my mis- fortune not to be able to concur with many of the most important measures of his administration. Entertaining himself, his own views, and with a power of impress- ing them, to a remarkable degree, upon the conviction and approbation of others, he pursued such a course as he thought expedient in the circumstances in which he was placed. Entertaining on many questions of great importance, different opinions, it was of course my mis- 192 LIFE OF JACKSON. fortune to differ from him, and that difference gave me great pain, because, in the whole course of my pubhc life, it has been far more agreeable to me to support the measures of the government, than to be called upon by my judgment, and sense of what is to be done, to oppose them, I desire to see the government acting with a unity of spirit in all things relating to its foreign relations, espe- cially, and generally in all great measures of domestic policy, as far as is consistent with the exercise of perfect independence among its members. But if it was my mis- fortune to differ from General Jackson on many, or most of the great measures of his administration, there were oc- casions, and those not unimportant, in which I felt it my duty, and according to the highest sense of that duty, to conform to his opinions, and support his measures. There were junctures in his administration — periods which I thought important and critical — in Avhich the views he thought proper to adopt, corresponded entirely with my sentiments in regard to the protection of the best interests of the country, and the institutions under which we live; and it was my humble endeavor on these occasions to yield to his opinions and measures, the same cordial sup- port as if I had not differed from him before, and expected never to differ from him again. " That General Jackson was a marked character — that he had a very remarkable influence over other men's opinions — that he had great perseverance and resolution in civil as well as in military administration, all admit. Nor do I think that the candid among mankind will ever doubt that it Avas his desire — mingled with whatsoever portion of a disposition to be himself instrumental in that exaltation — to elevate his country to the highest prosperity and honor. There is one sentiment, to which I par- ticularly recur, always witi a feeling of approbation and graiituile. From an earlier period of his undertaking to administer the affairs of the government, he uttered a sentiment dear to me — expressive of a truth of which I am most profoundly convinced — a sentiment setting forth the necessity, the duty, and the patriotism of maintaining the union of these states. Mr. President, I am old enough HIS CHARACTER. 193 to recollect the deaths of all the presidents of the United States who have departed this life, from Washington down. There is no doubt that the death of an individual, who has been so much the favorite of his country, and partaken so largely of its regard as to fill that high office, always produces — has produced, hitherto, a strong im- pression upon the pubHc mind. That is right. It is right that such should be the impression upon the Avhole community, embracing those who particularly approved, and those who did not particularly approve the political course of the deceased. " All these distinguished men have been chosen of their country. They have fulfilled their station and duties upon the whole, in the series of years that have gone before us, in a manner reputable and distinguished. Under their administration, in the course of fifty or sixty years, the government, generally speaking, has prospered, and under the government, the people have prospered. It becomes, then, all to pay respect when men thus honored are called to another world. Mr. President, we may well indulge the hope and belief, that it was the feeling of the dis- tinguished person who is the subject of these resolutions, in the solemn days and hours of closing life — that it was his wish, if he had committed few or more errors in the ad- ministration of the government, that their influence might cease with him ; and that whatever of good he had done, might be perpetuated. Let us cherish the same senti- ment. Let us act upon the same feeling; and whatever of true honor and glory he acquired, let us all hope that it will be his inheritance for ever ! And whatever of good example, or good principle, or good administration, he has established, let us hope that the benefit of it may also be perpetual." Andrew Jackson was, indeed, no ordinary man. The estimation in which he Avas held by his countrymen, the respect paid to his memory at home and abroad, are sutH- cient to confirm it, even if there could be a doubt. In many respects he was one of the most remarkable men that ever lived. As a soldier, he was prompt and reso- 17 194 LIFE OF JACKSON. lute, stern and inflexible. Wiih an intuitive sagacity, he foresaw danger, and was always prepared against it. His thoughts and perceptions were rapid, and his plans were often formed and executed before others had time for de- liberation. It was this celerity in his movements that secured many of his laurels. His courage and fortitude were both unquestioned. The principle of fear did not enter into his composition. He certainly could not have understood the meaning of the word. The cheerfulness with which he shared the privations of his soldiers, shows that he possessed an entire indifference to hardship and suffering. But one of the most striking features in his character was his readiness in adapting himself to every position in which he was placed. There are many men who can do well, when the occasion does not overmatch them ; but Jackson always rose with the occasion ; and in the merest personal altercation, the same commanding traits were exhibited, which sustained themselves in a higher and nobler flight, on the field of battle, where the fate of nations depended on the issue of the day. As a statesman. General Jackson was clear-headed and sagacious. When he had once determined upon a par- ticular course, where any important principle was involved, he could not be swerved from what he conceived to be just and right. He never shrunk from the discharge of any public duty, and was always ready to avow any and every act of his administration, and unshrinkingly to abide the consequences. Never behind his party, but always in the advance, he eagerly sought for opportunities to carry out the principles by which he was guided. In private life, Jackson was kind-hearted, and generous in his disposition. His reputation was pure and unsullied. He abhorred every thing mean and grovelling, and cherished an instinc- tive hatred for what was dishonorable. He was irritable in his temperament, however, and easily excited. Yet, notwithstanding the impetuosity of his disposition fre- quently carried him beyond the limits of prudence and moderation, it was this trait in his character which saved New Orleans from plunder and devastation. His attach- ments were warm and sincere. He never forgot a HIS CHARACTER. 195 favor, or failed to remember a friend. He was devotedly attached to his country, her interests, and her institutions. It may well be, that flattery, and there are few men who cannot be swerved by its seductions, sometimes induced him to commit an unintentional wrong, in the efibrt to favor the wishes of some active and influential partisan ; but for all that, he was none the less a patriot. In person, General Jackson was tall, and remarkably thin and erect. His weight bore no proportion to his height ; and his frame did not appear fitted for such trials as he had encountered. His features were large ; his eyes dark-blue, with a keen and strong glance ; his eye- brows arched and prominent ; and his complexion, that of the war-worn soldier. It is hardly to be anticipated, perhaps, that full and complete justice will be rendered to Andrew Jackson during the present generation. Men may differ in regard to the propriety of his conduct, and the wisdom of his measures, and unintentionally do injustice to his many noble quahties. Still, it is not too much to hope that the valuable services rendered to his country, connected though they be with the stern and high-handed measures adopted by his iron M'ill, may be cherished with gratitude and respect ; and that the soldier, the statesman, the patriot, and the Chris- tian, may be honored by a nation's blessing, and remem- bered in a nation's prayers. APPENDIX. 17* APPENDIX. Note A. Message of President JacJison to the United Slates Senate, on return- ing the bank hill with his ohjections. — July 10, 1832. To THE Senate : The bill " to modify and continue" the act entitled "An act to incorporate the subscribers to the Bank of the United States," was presented to me on the 4th of July instant. Having considered it with that solemn regard to the prin- ciples of the constitution which the day was calculated to inspire, and come to the conclusion that it ought not to become a law, I herewith return it to the Senate, in which it originated, wilh my objections. A bank of the United Stales is, in many respects, con- venient for the gov;:n'nment, and useful to the people. Entertaining this opinion, and deeply impressed with the belief that some of the powers and privileges possessed by the existing bank are unauthorized by the constitution, subversive of the rights of the states, and dangerous to the liberties of the people, I felt it my duty, at an early period of mv administration, to call the attention of Congress to the practicability of organizing an institution combining all its advantages, and obviating these objections. I sincerely regret that, in the act before me, I can perceive none of those modifications of the bank charter which are, neces- sary, in my opinion, to make it compatible with justice, with sound policy, or with the constitution of our country. The present corporate body, denominated the President, Directors, and Company of the Bank of the United States, will have existed, at the time this act is intended to take iy9 200 APPENDIX. effect, twenty years. It enjoys an exclusive privilege of banking- under the authority of the general government, a monopoly of its favor and support, and, as a necessary consequence, almost a monopoly of the foreign and domes- tic exchange. The powers, privileges, and favors bestowed upon it in the original charter, by increasing the value of the stock far above its par value, operated as a gratuity of many millions to the stockholders. An apology may be found for the failure to guard against this result, in the consideration that the effect of the original act of incorporation could not be certainly foreseen at the time of iis passage. The act before me proposes another gratuity to the holders of the same stock, and in many cases to the same men, of at least seven millions more. This donation finds no apology in any uncertainty as to the effect of the act. On all hands, it is conceded, that its passage will increase, at least twenty or thirty per cent, more, the market price of the stock, subject to the payment of the annuity of two hundred thousand dollars per year, secured by the act ; thus adding, in a moment, one-fourth to its par value. It is not our own citizens only who are to receive the bounty of our government. More than eight millions of the slock of this bank are held by foreigners. By this act, the Ame- rican republic proposes virtually to make them a present of some millions of dollars. For these gratuities to foreign- ers, and to some of our own opulent citizens, the act secures no equivalent whatever. They are the certain gains of the present stockholders, under the operation of this act, after making full allowance for the payment of the bonus. Every monopoly, and all exclusive privileges, are granted at the expense of the public, which ought to receive a fair c(juivalent. The many millions which this act proposes to bestow on the stockholders of the existing bank, must come, directly or indirectly, out of the earnings of the American people. It is due to them, therefore, if their govL'rnment sell monopolies and exclusive privileges, that they should at least exact for them as much as they are woith in open market. The value of the monopoly in this case may be correctly ascertained. The twenty-eight VETO OF THE BANK BILL. 261 millions of stock would probably be at an advance of fifty per cent., and command in market at least forty-two mil- lions of dollars, subject to the payment of the present bonus. The present value of the n^onopoly, therefore, is seven- teen millions of dollars, and this the act proposes to sell for three millions, payable in fifteen annual instalments, of two hundred thousand dollars each. It is not conceivable how the present stockholders can have any claim to the special favor of the government. The present corporation has enjoyed its monopoly during the period stipulated in the original contract. If we must have such a corporation, why should not the government sell out the whole stock, and thus secure to the people the full market value of the privilege^ granted ? Why should not Congress create and sell twenty-eight millions of stock, incorporating the purchasers with all the powers and privileges secured in this act, and putting the pre- mium upon the sales into the treasury ? But this act does not permit competition in the purchase of this monopoly. It seems to be predicated on the erro- neous idea, that the present stockholders have a prescriptive right, not only to the favor, but to the bounty of the govern- ment. It appears that more than a fourth part of the stock is held by foreigners, and the residue is held by a few hundred of our citizens, chiefly of the richest class; for their benefit does this act exclude the whole American people from competition in the purchase of this monopoly, and dispose of it for many millions less than it is worth. This seems the less excusable, because some of our citizens, not now stockholders, petitioned that the door of competition miafht be opened, and offered to take a charter on terms much more favorable to the government and country. But this proposition, although made by men whose aggregate wealth is believed to be equal to all the private stock in the existing bank, has been set aside, and the bounty of our government is proposed to be again bestowed on the few who have been fortunate enough to secure the stock, and, at this moment, wield the power of the existmg institution. I cannot perceive the justice or policy of this course. If our government must sell monopolies, it would, 202 APPENDIX. seem to be its duty to take nothing less than their full value ; and if gratuities must be made once in fifteen or twenty years, let them not be bestowed on the subjects of a foreign government, nor upon a designated or favorable class of men in our own country. It is but justice and good policy, as far as the nature of the case will admit, to confine our favors to our own fellow-citizens, and let each in his turn enjoy an opportunity to profit by our bounty. In the bearings of the act before me upon these points, I find ample reasons why it should not become a law. It has been urged as an argument in favor of re-charter- ing the present bank, that calling in its loans will produce great embarrassment and distress. The time allowed to close its concerns is ampJe, and if it has been well managed its pressure will be light, and heavy only in case its ma- nagement has been bad. If, therefore, it shall produce distress, the fault will be its own, and it would furnish a reason against renewing a power which has been so ob- viously abused. But will there ever be a time when this reason will be less powerful? To acknowledge its force is to admit that the bank ought to be perpetual, and as a consequence, the present stockholders, and those inherit- ing their rights, as successors, be established a privileged order, clothed both with great political power, and enjoy- ing immense pecuniary advantages from their connection with the government. The modifications of the existing charter, proposed by this act, are not such, in ray view, as make it consistent with the rights of the states, or the liberties of the people. The qualification of the right of the bank to hold real estate, the limitation of its power to establish branches, and the power reserved to Congress to forbid the circula- tion of small notes, are restrictions comparatively of little value or importance. All the objectionable principles of the existing corporation, and most of its odious features, are retained without alleviation. The fourth section provides "that the notes or bills of the said corporation, although the same be, on the faces thereof, respectively made payable at one place only, shall, nevertheless, be received by the said corporation at VETO OF THE BANK BILL. 303 the bank, or at any of the offices of discount and deposit thereof, if tendered in liquidation or payment of any balance or balances due to said corporation, or to such office of discount and deposit from any other incorporated bank." This provision secures to the state banks a legal privilege in the Bank of the United Slates, which is with- held from all private citizens. If a state bank in Phila- delphia owe the Bank of the United States, and have notes issued by the St. Louis Branch, it can pay the debt with those notes; but if a merchant, mechanic, or other private citizen, be in like circumstances, he cannot by law pay his debt with those notes, but must sell them at a dis- count, or send them to St. Louis to be cashed. This boon conceded to the stale banks, though not unjust in itself, is most odious, because it does not measure out equal justice to the high and the low, the rich and the ])Oor. To the extent of its practical effect, it is a bond of union among the banking establishments of the nation, erecting them into an interest separate from that of the people, and its necessary tendency is to unite the Bank of the United States and the slate banks, in any measure which may be thought conducive to their common interest. The ninth section of the act recognises principles of worse tendency than any provision of the present charter. It enacts that the "cashier of the bank shall annually report to the Secretary of the Treasury the names of all stockholders who are not resident citizens of the United States ; and on the application of the treasurer of any slate, shall make out, and transmit to such treasurer a list of stockholders residing in, or citizens of such state, with the amount owned by each." Although this provision, taken in connection with a decision of the Supreme Court, surrenders, by its silence, the right of the states to tax the banking institutions created by this corporation, under the name of branches, through- out the Union, it is evidently intended to be construed as a concession of their right to tax that portion of the stock which may be held by their own citizens and residents. In this light, if the act becomes a law, it will be under- stood by the states, who will probably proceed to levy a 204 APPENDIX. tax equal to that paid upon tlie stock of banks incorpo- rated by themselves. In some states that tax is now one per cent., either on the capital or on the shares ; and that may be assumed as the amount which all citizens or resident stockholders would be taxed under the operation of this act. As it is only the stock held in the states, and not that employed within them, which would be subject to taxation, and as the names of foreign stockholders are not to be reported to the treasurers of the states, it is obvious that the slock held by them will be exempt from this burden. Their annual profits will, therefore, be increased one per cent, more than the citizen stockholders ; and as the annual dividends of the bank may be safely estimated at seven per cent., the stock will be worth ten or fifteen per cent, more to foreigners than to citizens of the United States. To appreciate the etfect which this state of things will produce, we must take a brief review of the opera- tions and present condition of the Bank of the United States. By documents submitted to Congress at the present session, it appears that on the 1st of January, 1832, of the 28,00U,0(J0 of private stock, in the corporation, 8,405,500 were held by foreigners, mostly of Great Britain. The amount of stock held in the nine Western States is 140,200 dollars ; and in the four Southern States is 5,023,100 dollars; and in the Eastern and Middle States about 13,522,000 dollars. The profits of the bank in 1831, as shown in a statement of Congress, were about 3,455,598 dollars ; of this there accrued in the nine Western States about 1,040,048 dollars ; in the four South- ern States about 352,507 dollars ; and in the Middle and Eastern States about 1,403,041 dollars. As little stock is held in the West, it is obvious that the debt of the people in that section to the bank is principally a debt to the Eastern and foreign stockholders ; that the interest they pay upon it is carried into the Eastern States and into Europe ; and that it is a burden upon their industry, and a drain of their currency, which no country can bear with- out inconvenience and occasional distress. To meet this burden, and equalize the exchange operations of the baak, VETO OF THE BANK BILL. 205 the amount of specie drawn from those states, throupfh its branches, within the last two years, as shown by its official reports, was about (;,000,000 dollars. More than half a million of this amount does not stop in the Eastern States, but passes on to Europe, to pay the dividends to the foreign stockholders. In the principle of taxation re- cognised by this act, the western slates find no adequate compensation for this perpetual burden on their indus- try, and drain of their currency. The Branch Bank at Mobile made last year, 95,140 dollars; yet, under the provisions of this act, the state of Alabama can raise no revenue from these profitable operations, because not a share of the stock is held by any of her citizens. Mis- sissippi and Missouri are in the same condition in relation to the branches at Natchez and St. Louis, and such, in a greater or less degree, is the condition of every Western State. The tendency of the plan of taxation which this act proposes, will be to place the whole United States in the same relation to foreign countries which the Western States now bear the Eastern. When, by a tax on resident stockholders, the stock of this bank is made worth ten or fifteen per cent, more to foreigners than to residents, most of it will inevitably leave the country. Thus will this provision, in its practical efiect, deprive the Eastern as well as the Southern and Western states of the means of raising a revenue from the extension of busi- ness and great profits of this institution. It will make the American people debtors to aliens, in nearly the whole amount due to this bank, and send across the Atlantic from two to five millions of specie every year, to pay the bank dividends. In another of its bearings, this provision is fraught with danger. Of the twenty-five directors of this bank, five are chosen by the government, and twenty by the citizen stockholders. From all voice in these elections, the fo- reign stockholders are excluded by the charter. In pro- portion, therefore, as the stock is transferred to foreign holders, the extent of suffrage in the choice of directors is curtailed. Already is almost a third of the stock in foreign hands, and not represented in elections. It is constantly IS 206 APPENDIX. passing out of the country, and this act will accelerate its departure. The entire control of the institution would necessarily fall into the hands of a few citizen stock- holders, and the ease with which the object would be ac- complished, would be a temptation to designing- men, to secure that control in their own hands, by monopohzing the remaining stock. There is danger that a president and directors would then be able to elect themselves from year to year, and without responsibility or control, manage the whole concerns of the bank during the existence of the charter. It is easy to conceive that great evils to our country and its institutions might flow from such a con- centration of power in the hands of a few men, irresponsi- ble to the people. Is there no danger to our liberty and independence in a bank, that, in its nature, has so little to bind it to our country ? The president of the bank has told us that most of the state banks exist by its forbearance. Should its influence become concentred, as it may under the operation of such an act as this, in the hands of a self- elected directory, whose interests are identified with those of the foreign stockholder, will there not be cause to trem- ble for the purity of our elections in peace, and for the independence of our country in war ? Their power would be great whenever they might choose to exert it ; but if this monopoly were regularly renewed every fifteen or twenty years, on terms proposed by themselves, they might seldom in peace put forth their strength to influence elections or control the afliurs of the nation ; but if any private citizen or public functionary should interpose to curtail its powers, or prevent a renewal of its privileges, it cannot be doubted that he would be made to feel its influence. Should the stock of the bank principally pass into the hands of the subjects of a foreign counlr\% and we should unfortunately become involved in a war with that country, what would be our condition ? Of the course which would be pursued by a bank almost wholly owned by the subjects of a foreign power, and managed by those whose interests, if not affections, would run in the same direction, there VETO OF THE BANK BILL. 207 can be no doubt. All its operations within would be in aid of the hostile fleets and armies without. Controlling our currency, receiving our public moneys, and holding thousands of our citizens in dependence, it would be more formidable and dangerous than the naval and military power of the enemy. If we must have a bank with private stockholders, every consideration of sound policy, and every impulse of Ame- rican feeling, admonishes that it should be purely American, Its stockholders should be composed exclusively of our own citizens, who at least ought to be friendly to our government, and willing to support it in times of difficulty and danger. So abundant is domestic capital, that com- pietition in subscribing for the stock of local banks has recently led almost to riots. To a bank exclusively of American stockholders, possessing the powers and pri- vileges granted by this act, subscriptions for two hundred millTons of dollars could be readily obtained. Instead of sending abroad the stock of the bank, in which the govern- ment must deposit its funds, and on which it must rely to sustain its credit in times of emergency, it would rather seem to be expedient to prohibit its sale to ahens, under penalty of absolute forfeiture. It is maintained by the advocates of the bank, that its constitutionality in all its features ought to be considered as settled by precedent, and by the decision of the Supreme Court. To this conclusion I cannot assent. Mere preco. dent is a dangerous source of authority, and should not be regarded as deciding questions of constitutional power, except where the acquiescence of the people and the states can be considered as well settled. So far from this being the case on this subject, an argument against the bank might be based on precedent. One Congress, in 1791, decided in favor of a bank; another, in 1811, de- cided against it. One Congress, in 181-5, decided against a bank! another, in 1816, decided in its favor. Prior to the present Congress, therefore, the precedents drawn from that source were equal. If v^'e resort to the states, the expressions of legislative, judicial, and executive opi- nions against the bank have been probably, to those in its 208 APPENDIX. favor, as four to one. There is nothing in precedent, therefore, which, if its authority were admitted, ought to weigh in favor of the act before me. If the opinion of the Supreme Court covered the whole ground of this act, it ought not to control the co-ordinate authorities of this government. The Congress, the Execu- tive, and the Court, must each for itself be guided by its own opinion of the Constitution. Each public officer who takes an oath to support the Constitution, swears that he will support it as he understands it, and not as it is under- stood by others. It is as much the duty of the House of Representatives, of the Senate, and of the President, to decide upon the constitutionality of any bill or resolution which may be presented to them for passage or approval, as it is of the Supreme Judges, when it may be brought before them for judicial decision. The opinion of the Judges has no more authority over Congress than the opi- nion of Congress has over the Judges; and, on that point, the President is independent of both. The authority of the Supreme Court must not, therefore, be permitted to control the Congress or the Executive, when acting in their legislative capacities, but to have only such influence as the force of their reasoning may desc-rve. But, in the case relied upon, the Supreme Court have not decided that all the features of this corporation are compatible with the Constitution. It is true that the Court have said that the law incorporating the bank is a consti- tutional exercise of power by Congress. But, taking into view the whole opinion of the Court, and the reasoning by which they have come to that conclusion, I understand them to have decided that, inasmuch as a bank is an appropriate means of carrying into tffect the enumerated powers of the general government, therefore the law in- corporating it is in accordance with that provision of the Constitution which declares that Congress shall have power »'to make all laws which shall be necessary and proper for carrying those powers into execution." Having satis- fied themselves that the word " necessary," in the Consti- tution, means "needful," "requisite," "essential," " con- ducive to," and that " a bank" is a convenient, a useful, VETO OF THE BANK BItL. 209 and essential instrument in the prosecution of the govern- ment's " fiscal operations," they conclude that "to use one must be within the discretion of Congress ;" and that "the act to incorporate the Bank of the United States, is a law made in pursuance of the Constitution." " But," say they, " where the law is not prohibited, and is really calculated to effect any of the objects intrusted to the government, to undertake here to inquire into the degree of its necessity, would be to pass the line which circumscribes the judicial department, and to tread on legislative ground." The principle here affirmed is, that "the degree of its necessity," involving all the details of a banking institu- tion, is a question exclusively for legislative consideration. A bank is constitutional ; but it is the province of the legislature to determine whether this or that particular power, privilege, or exemption, is "necessary and proper" to enable the bank to discharge its duties to the govern- ment, and from their decision there is no appeal to the courts of justice. Under the decision of the Supreme Court, therefore, it is the exclusive province of Congress and the President to decide, whether the particular features of this act are " necessary and proper," in order to enable the bank to perform conveniently and efficiently the public duties assigned to it as a fiscal agent, and therefore con- stitutional; or unnecessary and improper, dindi therefore unconstitutional. Without commenting on the general principle affirmed by the Supreme Court, let us examine the details of this act, in accordance with the rule of legislative action which they have laid down. It will be found that many of the powers and privileges conferred on it cannot be supposed necessary for the purpose for which it is proposed to be created, and are not, therefore, means necessary to attain the end in view, and consequently not justified by the Constitution. The original act of corporation, section twenty-first, enacts " that no other bank shall be established by any future law of the United States, during the continuance of the corporation hereby created, for which the faith of the United States is hereby pledged : Provided, Congress 18* 210 APPENDIX. may renew existing charters for banks within the District of Columbia, not increasing the capital thereof, and may also establish any other bank or banks in said District, with capitals not exceeding, in the whole, six millions of dollars, if they shall deem it expedient." This provision is continued in force, by the act before me, fifteen years from the 3d of iVIarch, 1830. If Congress possessed the power to establish one bank, they had power to establish more than one, if, in their opinion, two or more banks had been "necessary" to faci- litate the execution of the powers delegated to them by the Constitution. If they possessed the power to establish a second bank, it was a power derived from the Constitu- tion, to be exercised from time to time, and at any time when the interests of the country or the emergencies of the government might make it expedient. It was pos- sessed by one Congress as well as another, and by all Congresses alike, and alike at ever)'' session. But the Congress of 1816 have taken it away from their successors for twenty years, and the Congress of 1832 proposed to abolish it for fifteen years more. It cannot be " necessary" or "proper" for Congress to barter away, or divest them- selves of any of the powers vested in them by the Con- stitution, to be exercised for the public good. It is not "necessary" to the elSciency of the bank, nor is it "pro- per" in relation to themselves and their successors. They may properly use the discretion vested in them, but they may not limit the discretion of their successors. This restriction on themselves, and grant of a monopoly to the bank, is therefore unconstitutional. In another point of view, this provision is a palpable attempt to amend the Constitution by an act of legislation. The Constitution declares that " the Congress shall have power" to exercise exclusive legislation, in all cases what- soever, over the District of Columbia. Its constitutional power, therefore, to establish banks in the District of Co- lumbia, and increase their capital at will, is unlimited and uncontrollable by any other power than that which gave authority to the Constitution. Yet this act declares that Congress shall not increase the capital of existing banks, VETO OF THE BANK BILL. 211 nor create other banks with capitals exceeding in the whole six millions of dollars. The Constitution declares that Congress shall have power to exercise exclusive legislation over this district, '■'•in all cases ivliat soever f^ and this act declares they i^hall not. Which is the su- preme law of the land ? This provision cannot be " neces- iary,''^ or '^proper," or constilutional, unless the absurdity be admitted, that whenever it be " necessary and proper," in the opinion of Congress, they have a right to barter away one portion of the powers vested in them by the Constitution, as a means of executing the rest. On two subjects only does the Constitution recognise in Congress the power to grant exclusive privileges or mo- nopolies. It declares that "Congress shall have power to promote the progress of science and useful arts, by securing, for limited times, to authors and inventors, the exclusive right to their ]-espective writings and dis- coveries." Out of this express delegation of power, have grown our laws of patents and copyrights. As the Con- stitution expressly delegates to Congress the power to grant exclusive privileges, in these cases, as the means of executing the substantive power " to promote the pro- gress of science and useful arts," it is consistent with the fair rules of construction to conclude, that such a power was not intended to be granted as a means of accomplish- ing any other end. On every other subject which comes within the scope of congressional power, there is an ever- hving discretion in the use of proper means, which can- not be restricted or abolished without an amendment of the Constitution. Every act of Congress, therefore, which attempts, by grants of monopolies, or sale of exclusive privileges ibr a limited time, or a time without limit, to restrict or extinguish its own discretion in the choice of means to execute its delegated powers, is equivalent to a legislative amendment of the Constitution, and palpably unconstitutional. This act authorizes and encourages transfers of its stock to foreigners, and grants them an exemption from all state and national taxation. So far from being " necessary and proper" that the bank should possess this power, to make 212 APPENDIX. it a safe and efficient agent of tlie government in its fiscal operations, it is calculated to convert the Bank of the United States into a foreign bank, to impoverish our people in time of peace, to disseminate a foreign influ- ence through every section of the republic, and, in war, to endanger our independence. The several states reserved the power, at the formation of the Constitution, to regulate and control titles and trans- fers of real property ; and most, if not all of them, have laws disqualifying aliens from acquiring or holding lands within their limits. But this act, in disregard of the un- doubted right of the states to prescribe such disqualifica- tions, gives to aliens, stockholders in this bank, an interest and title, as members of the corporation, lo all the real property it may acquire within any of the states of this Union. This privilege granted to aliens is not "neces- sary" to enable the bank to perform its public duties, nor in any sense " proper," because it is virtually subversive of the rights of the states. The government of the United States have no constitu- tional power to purchase lands within the states, except "for the erection of forts, magazines, arsenals, dock-yards, and other needful buildings," and even for these objects, only " by the consent of the legislature of the state in which the same shall be." By making themselves stock- holders in the bank, and granting to the corporation the power to purchase lands for other purposes, they assume a power not granted in the Constitution, and grant to others what they do not themselves possess. It is not necessary to the receiving, safe-keeping, or transmission of the funds of government, that the bank should possess this power, and it is not proper that Congress should thus enlarge the powers delegated to them in the Constitution. The old Bank of the United States possessed a capital of only eleven miUion of dollars, which was found fully sufficient to enable it, with despatch and safety, to per- form all the functions required of it by the government. The capital of the present bank is thirty-five millions of dollars, at least twenty-four more than experience has proved to be necessary to enable a bank to perform its VETO OF THE BANK BILL. 213 public functions. The public debt Avhich existed during I the period of the old bank, and on the establishment of \the new, has been nearly paid off, and our revenue will isoon be reduced. This increase of capital is, therefore, not for public, but for private purposes. The government is the only "proper" judge where its agents should reside and keep their offices, because it Best knows where their presence will be "necessary." Il cannot, therefore, be "necessary" or "proper" to au- thorize the bank to locate branches where it pleases, to perform the public service without consulting the govern- ment, and contrary to its will. The principle laid down by the Supreme Court, concedes that Congress cannot establish a bank for purposes of private speculation and gain, but only as a means of executing the delegated powers of the general government. By the same princi- ple, a branch bank cannot constitutionally be estabHshed. for other than public purposes. The power which this act gives to establish two branches in any state, without the injunction or request of the government, and for other than public purposes, is not "necessary" to the due exe- cution of the powers delegated to Congress. The bonus which is exacted from the bank, is a con- fession upon the face of the act, that the powers granted by it are greater than are " necessary" to its character of a fiscal agent. The government does not tax its officers and agents for the privilege of serving it. The bonus of a million and a half, required by the original charter, and that -of three millions proposed by this act, are not exacted for the privilege of giving " the necessary facili- ties for transferring the public funds from place to place, ■within the United States or the territories thereof, and for distributing the same in payment of the public creditors, without charging commission, or claiming allowance on account of the difference of exchange," as required by the act of incorporation, but for something more beneficial to the stockholders. The original act declares, that it (the bonus) is granted " in consideration of the exclusive pri- vileges and benefits conferred by this act upon the said, bank ;" and the act before me declares it to be " in con- 2l4 APPENDIX. sideration of the exclusive benefits and privileges con- tinued by this act to the said corporation for fifteen years as aforesaid." It is, therefore, for "exclusive privileges and benefits," conferred for their own use and emolument, and not for the advantage of the government, that a bonus is exacted. These surplus powers, for which the bank is required to pay, cannot surely be "necessary," to make it the fiscal agent of the treasury. If they were, the ex- action of a bonus for them would not be "proper." It is maintained by some, that the bank is a means of executing the constitutional power "to coin money, and regulate the value thereof." Congress have established a mint to coin monej', and passed laws to regulate the value thereof. The money so coined, with its value so regulated, and such foreign coins as Congress may adopt, are the only currency known to the Constitution. But if they have other power to regulate the currency, it was conferred to be exi^rcised bj'^ themselves, and not to be transferred to a corporation. If the bank be established for that purpose, with a charter unalterable without its consent, Congress have parted with their power for a term of years, during which the Constitution is a dead letter. It is neither necessary nor proper to transfer its legislative powers to such a bank, and therefore unconsti- tutional. By its silence, considered in connection with the de- cision of the Supreme Court, in the case of McCulloch against the State of Maryland, this act takes from the states the power to tax a portion of the banking business carried on within th; ir limits, in subversion of one of the stronoest barriers which secured them against federal en- croachments. Banking, like farming, manufacturing, or any other occupation or profession, is a business, the right to follow which is not originally derived from the laws. Every citizen, and every company of citizens, in all of our states, possessed the right, until the state legislatures deemed it good policy to prohibit private banking by law. If the prohibitory state laws were now repealed, every citizen would again possess the right. The state banks are a qualified restoration of the right which has been VETO OF THE BANK BILL. 215 taken away by the laws against banking-, guarded by such provisions and limitations as, in the opinion of the state legislatures, the public interest requires. These corpo- rations, unless there be an exemption in their charter, are, liUe private bankers and banking companies, subject to state taxation. The manner in which these taxes shall be laid, depends wholly on legislative discretion. It may be upon the bank, upon the slock, upon the profits, or in any other mode which the sovereign power shall will. Upon the formation of the Constitution, the states guarded tkeir taxing power with peculiar jealousy. They sur- rendered it only as it regards imports and exports. In relation to every other subject within their jurisdiction, whether persons, property, business, or professions, it was secured in as ample a manner as it was before possessed. All persons, though United States' officers, are liable to a poll tax by the states within which they reside. The lands of the United States are liable to the usual land tax, ex- cept in the new states, from whom agreements, that they will not tax unsold lands, are exacted when they are admitted into the Union : horses, wagons, any beasts or vehicles, tools or property, belonging to private citizens, though employed in the service of the United States, are subject to slate taxation. Every private business, whether carried on by an officer of the general government or not, whether it be mixed with public concerns or not, even if it be carried on by the government of the United States itself, separately or in partnership, falls within the scope of the taxing povver of the slate. Nothing comes more fully within it than banks, and the business of banking, by whomsoever instituted and carried on. Over this whole subject-matter, it is just as absolute, unlimited, and uncon- trollable, as if the Constitution had never been adopted, because, in the formation of that instrument, it was reserved without qualification. The principle is conceded, that the states cannot right- fully tax the operations of the general government. They cannot tax the money of the government deposited in the state banks, nor the agency of those banks in remitting it ; but will any man maintain that their mere selection to 216 APPENDIX. perform this public service for the general government, would exempt the state banks, and their ordinary business, from state taxation ? Had the United States, instead of establishing a bank at Philadelphia, employed a private banker to keep and transmit their funds, would it have deprived Pennsylvania of the right to tax his bank and his usual banking operations ? It will not be pretended. Upon what principle, then, are the banking establishments of the Bank of the United States, and their usual bankina^ operations, to be exempted from taxation ? It is not their public agency, or the deposits of the government, \vhich the states claim a right to tax, but their banks and their banking powers, instituted and exercised within state jurisdiction for their private emolument — those powers and privileges for which they pay a bonus, and which the states tax in their own banks. The exercise of these powers within a state, no matter by whom or under what authorit)^ whether by private citizens in their original right, by corporate bodies created by the states, by foreign- ers, or the agents of foreign governments located within their limits, forms a legitimate object of state taxation. From this, and like sources, from the persons, property, and business, that are found residing, located, or carried on, under their jurisdiction, must the states, since the surrender of their right to raise a revenue from imports and exports, draw all the money necessary for the support of their governments, and the maintenance of their inde- pendence. There is no more appropriate subject of taxa- tion than banks, banking, and bank stock, and none to which the states ought more pertinaciously to cling. It cannot be necessary to the character of the bank, as a fiscal agent of the government, that its private business should be exempted from that taxation to which all the state banks are liable ; nor can I conceive it " proper" that the substantive and most essential powers reserved by the states shall be thus attacked and annihilated as a means of executing the powers delegated to the general govern- ment. It may be safely assumed that none of those sages who had an agency in forming or adopting our Constitu- tion, ever imagined that any portion of the taxing power VETO OF THE BANK BILL. 217 of the states, not prohibited to them, nor delegated to Congress, was to be swept away and annihilated, as a means of executing certain powers delegated to Congress. If our power over means is so absolute, that the Supreme Court will not call in question the constitutionality of an act of Congress, the subject of which is "not prohibited, and is really calculated to effect any of the objects intrusted to the government," although, as in the case before me, it takes" away powers expressly granted to Congress, and rights scrupulously reserved to the states, it becomes us to° proceed in our legislation with the utmost caution. Though not directly, our own powers and the rights of the slates may be indirectly legislated away in the use of means to execute substantive powers. We may not enact that Congress shall not have the power of exclusive legis- lation over the District of Columbia ; but we may pledge the faith of the United States, that, as a means of execut- ing other powers, it shall not be exercised for twenty years, or for ever! We may not pass an act prohibiting the states to tax the banking business carried on within their limits; but we may, as a means of executing our powers over other objects, place that business in the hands of our agents, and then declare it exempt from state ta.xation in their hands ! Thus may our own powers, and the rights of the states, which Ave cannot directly curtail or invade, be frittered away and extinguished in the use of means employed by us to execute other powers. That a Bank of the "United States, competent to all the duties which may be required by the government, might be so organized as not to infringe on our own delegated powers, or the reserved rights of the states, I do not entertain a doubt. Had the Executive been called upon to furnish the pro- ject of such an institution, the duty would have been cheerfully performed. In the absence of such a call, it was obviously proper that he should confine himself to pointing out those prominent features in the act presented, which, in his opinion, make it incompatible with the Con- stitution and sound policy. A general discussion will now take place, ehciting new light, and settling important principles ; and a new Congress, elected in the midst of 19 218 APPENDIX. such discussion, and furnishing an equal representation of the people, according to the last census, will bear to the Capitol the verdict of public opinion, and, I doubt not, bring this important question to a satisfactory result. Under such circumstances, the bank comes forward and asks a renewal of its charter for a term of fifteen years, upon conditions which not only operate as a gratuity to the stockholders, of many millions of dollars, but will sanction any abuses, and legalize any encroachments. Suspicions are entertained, and charges are made, of gross abuse and violation of its charter. An investigation, unwillingly conceded, and so restricted in time as neces- sarily to make it incomplete and unsatisfactory, disclosed enough to excite suspicion and alarm. In the practices of the principal bank, partially unveiled in the absence of important witnesses, and in numerous charges confi- dently made, and as yet wholl}^ uninvestigated, there was enough to induce a majority of the committee of investiga- tion, a committee which was selected from the most able and honorable members of the House of Representatives, to recommend a suspension of farther action upon the bill, and a prosecution of the inquiry. As the charter had yet four years to run, and as a renewal now was not necessary to the successful prosecution of its business, it was to have been expected that the bank itself, conscious of its purity, and proud of its character, would have with- drawn its application for the present, and demanded the severest scrutiny into all its transactions. In their de- clining to do so, there seems to be an additional reason why the functionaries of the government should proceed with les-s haste, and more caution, in the renewal of their mo- nopoly. The bank is professedly established as an agent of the executive branches of the government, and its constitu- tionality is maintained on that ground. Neither upon the propriety of present action, nor upon the provisions of this act, was the Executive consulted. It has had no opportu- nity to say, that it neither needs nor wants an agent clothed with such powers, and favored by such exemptions. There is nothing in its legitimate functions which makes it neces- VETO OF THE BANK BILL. 219 Sary or proper. Whatever interest or influence, whether puWic or private, has given birth to this act, it cannot be found either in the wishes or necessities of the Executive Department, bj;- which present action is deemed premature, and the powers conferred upon its agent not only unneces- sary, but dangerous to the government and country. It is to be regretted that the rich and powerful too often bend the acts of government to their selfish purposes. Distinctions in society will always exist under every just government. Equality of talents, of education, or of wealth, cannot be produced by human institutions. In the full enjoyment of the gifts of Heaven, and the fruits of supe- rior industry, economy, and virtue, every man is equally entitled to protection by law. But when the laws under- take to add to these natural and just advantages artificial distinctions — to grant titles, gratuities, and exclusive pri- vileges — to make the rich richer, and the potent more powerful — the humble members of society, the farmers, mechanics, and laborers, vv'ho have neither the time nor the means of securing like favors to themselves, have a right to complain of the injustice of their government. There are no necessary evils in government. Its evils exist only in its abuses. If it would confine itself to equal protection, and, as Heaven does its rains, shower its fevors alike on the high and the low, the ricli and the poor, it would be an unquahfied blessing. In the act before me, there seems to be a wide and unnecessary departure from these just principles. Nor is our government to be maintained, or our Union preserved, by invasions of the rights and powers of the several states. In thus attempting to make our general government strong, we make it weak. Its true strength, consists in leaving individuals and states, as much as pos- sible, to themselves ; in making itself felt, not in its power, but in its beneficence — not in its control, but in its protec- tion — not in binding the states more closely to the centre, but leaving each to move, unobstructed, in its proper orbit. Experience should teach us wisdom. Most of the dif- ficulties our government now encounters, and most of the dangers which impend over our Union, have sprung from 220 APPENDIX. an abandonment of the legitimate objects of government by our national legislation, and the adoption of such prin- ciples as are imbodied in this act. Many of our rich men have not been content with equal protection and equal benefits, but have besought us to make them richer by acts of Congress. By attempting to gratify their desires, we have, in the results of our legislation, arrayed section against section, interest against interest, and man against man, in a fearful commotion, which threatens to shake the foundations of our Union. It is time to pause in our career, to review our principles, and, if possible, revive that devoted patriotism, and spirit of compromise, which distinguished the sages of the Revolution and the fathers of our Union. If we cannot, at once, in justice to inte- rests vested under improvident legislation, make our go- vernment what it ought to be, we can, at least, take a stand against all new grants of monopolies and exclusive privileges, against any prostitution of our government to the advancement of the few at the expense of the many, and in favor of compromise and gradual reform in our code of laws and system of political economy. 1 have now done my duty to my country. If sustained by my fellow-citizens, I shall be grateful and happy : if not, I shall find in the motives which impel me, ample grounds for contentment and peace. In the difficulties which surround us, and the dangers which threaten our institutions, there is cause for neither dismay or alarm. For rehef and deliverance, let us firmly rely on that kind Providence which, I am sure, watches with peculiar care over the destinies of our republic, and on the intelligence and wisdom of our countrymen. Through His abundant goodness, and tlieir patriotic devotion, our liberty and Union will be preserved. PROCLAMATION. 221 Note B. Proclamation on the NuJl'ificalion Question,— T>ecemhex 11, 1832. Whereas, a Convention assembled in the State of South. Carolina, having passed an ordinance by Avhich they declare, "That the several acts and parts of acts of the Congress of the United States, purporting to be laws for the imposing of duties and imposts on the importation of foreign commodities, and now having actual operation and effect within the United States, and more especially," two acts for the same purpose, passed on the 29th of May, 1828, and on the 14th of July, 1S32, "are unauthorized by the Constitution of the United States, and violate the true meaning and intent thereof, and are null and void, and no law," nor binding on the citizens of that state or its officers: and by the said ordinance, it is further de- clared to be unlawful for any of the constituted authorities of the state, or of the United States, to enforce the payment of the duties imposed by the said acts within the same state, and that it is the duty of the legislature to pass such laAvs as may be necessary to give full effect to the said ordinance : And whereas, by the said ordinance, it is further or- dained, that in no case, of law or equity, decided in the courts of said state, wherein shall be drawn in question the validity of the said ordinance, or of the acts of the legislature that may be passed to give it effect, or of the said laws of the United States, no appeal shall be allowed to the Supreme Court of the United States, nor shall any copy of the record be permitted or allowed for that pur- pose, and that any person attempting to take such appeal shall be punished as for a contempt of court : And, finally, the said ordinance declares, that the people of South Carolina will maintain the said ordinance at every hazard ; and that they will consider the passage of any 19* 222 APPENDIX. act by Congress, abolishing or closing the ports of the said state, or otherwise obstructing the free ingress or egress of vessels to and from the said ports, or any other act of the federal government to coerce the state, shut up her ports, destroy or harass her commerce, or to enforce the said acts otherwise than through the civil tribunals of the country, as inconsistent with the longer continuance of South CaroHna in the Union ; and that the people of the said state will thenceforth hold themselves absolved from all further obligation to maintain or preserve their political connection with the people of the other states, and will forthwith proceed to organize a separate govern- ment, and do all other acts and things which sovereign and independent states may of right do : And whereas, the said ordinance prescribes to the people of South Carolina a conrse of conduct, in direct violation of their duty as citizens of the United States, contrary to the laws of their country, subversive of its Constitution, nnd having for its object the destruction of the Union — that Union, which, coeval with our political existence, led our fathers, without any other ties to unite them tiian those of patriotismand a common cause, through a sanguinary struggle to a glorious independence — that sacred Union, hitherto inviolate, Avhich, perfected by our happy Constitution, has brought us, by the favor of Heaven, to a state of prosperity at home, and high consideration abroad, rarely, if ever, equalled in the history of nations: 'i'o preserve this bond of our political existence from de- struction, 10 maintain inviolate this state of national honor and prosperity, and to justify the conhdence my fellow- ciiizens have reposed in me, I, Andrew Jackson, Presi- dent of the United States, have thought proper to issue this my Prodamalion, stating my views of the Constitu- tion and laws applicable to the measures adopted by the Convention of South Carolina, and to the reasons they have put forth to sustain them, declaring the course which duty will require me to pursue, and, appealing to the understanding and patriotism of the people, warn them of the consequences that must inevitably result from an ob-" servance of the dictJ^tes of the Convention. PROCLAMATION. 223 Strict duty would require of me nothing more than the exercise of those powers with which I am now, or may hereafter be invested, for preserving the peace of the Union, and for the execution of the laws. But the imposing aspect which opposition has assumed in this case, by clothing itself with state authority, and the deep interest Avhich the people of the United States must all feel in preventing a resort to stronger measures, while there is a hope that any thing will be yielded to reasoning and remon- strance, perhaps demand, and will certainly justify, a full exposition to South Carolina and the nation, of the views I entertain of this important question, as well as a distinct enunciation of the course which my sense of duty will jequire me to pursue. The ordinance is founded, not on the indefeasible right of resisting acts which are plainly unconstitutional and too oppressive to be endured ; but on the strange position that, any one state may not only declare an act of Congress void, but prohibit its execution ; that they may do this consistently with the Constitution ; that the true construc- tion of that instrument permits a state to retain its place in the Union, and yet be bound by no other of its laws than it may choose to consider constitutional. It is true, they add, that to justify this abrogation of a law, it must be palpably contrary to the Constitution ; but it is evident, that to give the right of resisting laws nf that description, coupled with the uncontrolled right to decide what laws deserve that character, is to give the power of resisting all laws. For, as by the theory, there is no appeal, the reasons alleged by the state, good or bad, must prevail. If it should be said that public opinion is a sufficient check against the abuse of this power, it may be asked why it iy not deemed a sufficient guard against the pas- sage of an unconstitutional act by Congress. There is, however, a restraint in this last case, which makes the assumed power of a state mora indefensible, and v>^hich does not exist in the other. There are two appeals from an unconstitutional act passed by Congress — one to the judiciary, the other to the people and the states. There IS no appeal from the state decision in theory, and the 224 APPENDIX. practic.il illustration shows that the courts are closed against an application to review it, both judge and jurors being sworn to decide in its favor. But reasoning on this subject is superfluous, when our social compact in express terms declares, that the laws of the United States, its Constitution and treaties made under it, are the supreme law of the land — and for greater caution adds, " that the judges in every state shall be bound thereby, any thing in the Constitution or laws of any state to the contrary notwithstanding." And it may be asserted without fear of refutation, that no federative government could exist without a similar provision. Look for a moment to the consequences. If South Carolina considers the revenue laws unconstitutional, and has a right to prevent their execution in the port of Charleston, there would be a clear constitutional objection to their collection in every other port, and no revenue could be collected anywhere ; for all imposts must be equal. It is no answer to repeat, that an unconstitutional law is no law, so long as the ques- tion of its legality is to be decided by the state itself; for every law operating injuriously upon any local interest, will be perhaps thought, and certainly represented, as un- constitutional, and, as has been shown, there is no appeal. If this doctrine had been established at an earlier day, the Union would have been dissolved in its infancy. Tlie excise law in Pennsylvania, the embargo and non-inter- course law in the Eastern States, the carriage tax in Vir- ginia, were all deemed unconstitutional, and were more unequal in their operation than any of the laws now com- plained of; but lortunately none of those states discovered that they had the right now claimed by South Carolina. The war into which we were forced, to support the dig- nity of the nation and the rights of our citizens, might have ended in defeat and disgrace, instead of victory and honor, if the states who supposed it a ruinous and uncon- stitutional measure, had thought they possessed the right of nullifying the act by which it was declared, and deny- ing supplies for its prosecution. Hardly and unequally as those measures bore upon several members of the Union, to the legislatures of none did this efficient and PROCLAMATION. 225 peaceable remedy, as it is called, suggest itself. The discovery of this important feature in our Constitution was reserved for the present day. To the statesmen of South Carolina belongs the invention, and upon the citi- zens of that state will unfortunately fall the evil of reduc- ing it to practice. If the doctrine of a state veto upon the laws of the Union carries with it internal evidence of its impracticable ab- surdity, our constitutional history will also afford abundant proof that it would have been repudiated with indignation, had it been proposed to form a feature in our government. In our colonial state, although dependent on another power, we very early considered ourselves as connected by common interest with each other. Leagues were formed for common defence, and before the l3eclaration of Independence we were known in our aggregate cha- racter as the UNITED colonies of America. That decisive and important siep was taken jointly. We declared our- selves a nation, by a joint, not by several acts, and when the terms of confederation were reduced to form, it was in that of a solemn league of several states by which they agreed, that they would collectively form one nation for the purpose of conducting some certain domestic concerns and all foreign relations. In the instrument forming that union is found an article which declares that, "every state shall abide by the determination of Congress on all questions which by that confederation should be submitted to them." Under the Confederation, then, no state could legally annul a decision of the Congress, or refuse to submit to its execution ; but no provision was made to enforce these decisions. Congress made requisitions, but they were not complied with. The government could not operate on individuals. They had no judiciary, no means of collect- ing revenue. But the defects of the Confederation need not be de- tailed. Under its operation we could scarcely be called a nation. We had neither prosperity at home, nor con- sideration abroad. This state of things could not be en- dured, and our present happy Constitution was formed, 226 APPENDIX. but formed in vain if this fatal doctrine prevails. It was formed for important objects that are announced in the preamble, made m the name and by the authority of the people of the United States, whose delegates framed, and whose conventions approved it. The most important among these objects, that which is placed first in rank, on wliich all others rest, is "to form a more perff.ct UNION." Now, is it possible that even if there were no express provisions giving supremacy to the Constitution and Laws of the United States over those of the states — can it be conceived that an instrument made for the pur- pose of "FORMING A MORE PERFECT UXIOn" than that of the Confederation, could be so constructed by the as- sembled wisdom of our country as to substitute for that confederation a form of government dependent for its ex- istence on the local interest, the party spirit of a state, or of a prevailing faction in a state ? Every man of plain, unsophisticated understanding, who hears the question, will give such an answer as will preserve the Union. Metaphysical subtlety, in pursuit of an impracticable theory, could alone have devised one that is calculated to destroy it. I consider then the power to annul a law of the United States, assumed by one state, incompatible with the EXISTENCE OF THE UNION, CONTRADICTED EXPRESSLY BY THE LETTER OF THE CONSTITUTION, UNAUTHORIZED BY ITS SPIRIT, INCONSISTENT WITH EVERY PRINCIPLE ON WHICH IT WAS FOUNDED, AND DESTRUCTIVE OF THE GREAT OBJECT FOR WHICH IT WAS FORMED. After this general view of the leading principle, we must examine the particular application of it which is made in the ordinance. The preamble rests its justification on these grounds : It assumes as a fact, that the obnoxious laws, ahhough they purport to be laws for raising revenue, were in reality intended for the protection of manufactures, which purpose it asserts to be unconstitutional ; that the operation of these laws is unequal ; that the amount raised by them is greater than is required by the wants of the government : and finally, that the proceeds are to be applied to objects un- PROCLAMATION. 227 authorized by the Constitution. These are the only causes alleged to justify an open opposition to the laws of the country, and a threat of seceding from the Union, if any attempt should be made to enforce them. The first virtu- ally acknowledges, that the law in question was passed under a power expressly given by the Constitution, to lay and collect imposts : but its constitutionality is drawn in question from the motives of those who passed it. How- ever apparent this purpose may be in the present case, nothing can be more dangerous than to admit the position that an unconstitutional purpose, entertained by the mem- bers who assent to a law enacted under a constitutional power, shall make that law void ; for how is that purpose to be ascertained ? Who is to make the scrutiny ? How often may bad purposes be falsely imputed — in how many cases are they concealed by false professions — in how many is no declaration of motives made ? Admit this doctrine, and you give to the states an uncontrolled right to decide, and every law may be annulled under this pre- text. If, therefore, the absurd and dangerous doctrine should be admitted, that a state may annul an unconstitu- tional law, or one that it deems such, it will not apply to the present case. The next objection is, that the laws in question operate unequahy. This objection may be made with truth, to every law that has been or can be passed. The wisdom of man never yet contrived a system of taxation that would operate with perfect equality. If the unequal ope- ration of a law makes it unconstitutional, and if all laws of that description may be abrogated by any state for that cause, then indeed is the Federal Constitution unworthy of the slightest effort for its preservation. We have hitherto rehed on it as the perpetual bond of our union. We have received it as the work of the assembled wisdom of the nation. We have trusted to it as to the sheet anchor of our safety in the stormy times of conflict with a foreign or domestic foe. W^e have looked to it with sacred awe as the palladium of our hberties, and with all the solemnities of rehgion have pledged to each other our lives and fortunes here, and our hopes of happiness here- 228 APPENDIX. after, in its defence and support. Were we mistaken, my countrymen, in attaching this importance to the Con- stitution of our country ? Was our devotion paid to the wretched, inefficient, clumsy contrivance which this new doctrine would make it? Did we pledge ourselves to the support of an airy nothing, a bubble that must be blown away by the first breath of disaffection? Was this self- destroying, visionary theory, the work of the profound statesmen, the exalted patriots, to whom the task of con- stitutional reform was intrusted ? Did the name of Wash- ington sanction, did the states ratify, such an anomaly in the history of fundamental legislation? No. We were not mistaken. The letter of this great instrument is free from this radical fault : its language directly contradicts the imputation: its spirit — its evident intent, contradicts it. No ; we do not err ! Our Constitution does not con- tain the absurdity of giving power to make laws, and another power to resist them. The sages whose memory will always be reverenced, have given us a practical, and, as they hoped, a permanent constitutional compact. The father of his country did not affix his revered name to so palpable an absurdity. Nor did the states, when they severally ratified it, do so under the impression that a veto on the laws of the United Slates was reserved to them, or that they could exercise it by implication. Search the debates in all their conventions — examine the speeches of the most zealous opposers of federal authority — look at the amendments that were proposed — they are all silent — not a syllable uttered, not a vote given, not a motion made, to correct the explicit supremacy given to the laws of the Union over those of the states — or to show that implication, as is now contended, could defeat it. No; we have not erred ! The Constitution is still the object of our reverence, the bond of our union, our defence in danger, the source of our prosperity in peace. It shall descend, as we have received it, uncorrupted by sophis- tical construction, to our posterity ; and the sacrifices of local interest, of state prejudices, of personal animosities, that were made to bring it into existence, will again be patriotically ofTered for its support. PROCLAMATION'. 229 The two remaining objections made by the ordinan-w to these laws are, that the sums intended to be raised by them are greater than required, and that the proceeds will be unconstitutionally employed. The Constitution has given expressly to Congress the right of raising revenue, and of determining the sum the public exigencies will require. The states have no con- trol over the exercise of this right, other than that which results from the power of changing the representatives who abuse it ; and thus procure redress. Congress may undoubtedly abuse this discretionary power, but the same may be said of others with which they are vested. Yet the discretion must exist somewhere. The Constitution has given it to the representatives of all the people, checked by the representatives of the states and by the executive power. The South Carolina construction gives it to the legislature, or the convention of a single state, where neither the people of the different states, nor the states in their separate capacity, nor the chief magistrate elected by the people, have any representation. Which is the most discreet disposition of the power ? I do not ask you, fellow-citizens, which is the constitutional dis- position — that instrument speaks a language not to be misunderstood. But if you were assembled in general convention, which would you think the safest depository of this discretionary power in the last resort ? Would you add a clause giving it to each of the states, or would yoa Sanction the wise provisions already made by your Con- stitution ? If this should be the result of your delibera- tions when providing for the future, are you, can you be ready, to risk all that we hold dear, to establish, for a temporary and a local purpose, that which you must ac- knowledge to be destructive, and even absurd, as a general provision ? Carry out the consequences of this right vested in the different states, and you must perceive that the crisis your conduct presents at this day would recur whenever any law of the United States displeased any of the states, and that we should soon cease to be a nation. The ordinance, with the same knowledge of the future that characterizes a former objection, tells you that the 20 230 APPENDIX. proceeds of the tax will be unconstitutionally applied. If this could be ascertained with certainty, the objection would, with more propriety, be reserved for the laws so applying the proceeds, but surely cannot be urged against the law levying the duty. These are the allegations contained in the ordinance. Examine them seriously, my fellow-citizens, — judge for yourselves. I appeal to you to determine whether they are so clear, so convincing, as to leav^e no doubt of their correctness ; and even if you should come to this conclu- sion, how far they justify the reckless, destructive course which you are directed to pursue. Review these objec- tions, and the conclusions drawn from them, once more. What are they ? Every law, then, for raising revenue, according to the South Carolina ordinance, may be right- fully annulled, unless it be so framed as no law ever will or can be framed. Congress have a right to pass laws for raising revenue, and each state has a right to oppose their execution — two rights directly opposed to each other — and yet is this absurdity supposed to be contained in an in- strument drawn for the express purpose of avoiding colli- sions between the states and the general government, by an assembly of the most enhghtened statesmen and purest patriots ever imbodied for a similar })urpose. In vain have these sages declared that Congress shall have power to lay and collect taxes, duties, imposts, and excises — in vain have they provided that they shall have power to pass laws which shall be necessary and proper to carry those powers into execution ; that those laws and that Constitution shall be the "supreme law of the land, and that the judges in every state shall be bound thereby, any thing in the constitution or laws of any state to the contrary, notwithstanding." In vain have the people of the several states solemnly sanctioned these provisions, made them their paramount law, and individually sworn to support them whenever they were called on to execute any office. Vain provisions ! ineffectual restrictions ! vile profanation of oaths ! miserable mockery of legislation ! if a bare majority of the voters in any one state may, on a real or supposed knowledge of the intent in which a PROCLAMATION. 231 law has been passed, declare themselves free from its operations — say here it gives too little, there too much, and operates unequally — here it suffers articles to be free that ought to be taxed — there it taxes those that ought to be free — in this case the proceeds are intended to be ap- plied to purposes which we do not approve — in that, the amount raised is more than is wanted. Congress„it is true, are invested by the Constitution with the right of deciding these questions according to their sound discre- tion ; Congress is composed of the representatives of all the slates and of all the people of all the states ; but, we, part of the people of one state, to whom the Constitution has given no power on the subject, from whom it has ex- pressly taken it away — wk, who have solemnly agreed that this Constitution shall be our law — we, most of whom have sworn to support it — we now abrogate this law and swear, and force others to swear, that it shall not be obeyed ! And we do this, not because Congress have no right to pass such laws ; this we do not allege ; but because they have passed them with improper views. They are unconstitutional from the motives of those who passed them, which we can never with certainty know — from their unequal operation, although it is impossible from the nature of things that they should be equal — and from the disposition which we presume may be made of their proceeds, although that disposition has not been declared. This is the plain meaning of the ordinance in relation to laws which it abrogates for alleged unconstitutionality. But it does not stop there. It repeals, in express terms, an important part of the Constitution itself, and of laws passed to give it effect, which have never been alleged to be unconstitutional. The Constitution declares that the judicial powers of the United States extend to cases aris- ing under the laws of the United States, and that such laws, the Constitution and treaties, shall be paramount to the state constitutions and laws. The judiciary act pre- scribes the mode by which the case may be brought be- fore a court of the United States, by appeal, when a state tribunal shall decide against this provision of the Consti- tution. The ordinance declares there shall be no appeal 233 APPENDIX. — makes the state law paramount to the Constitution and laws of the United States — forces judges and jurors to swear that they will disregard their provisions ; and even makes it penal in a suitor to attempt relief by appeal. It further declares that it shall not be lawful for the authori- ties of the United States, or of that state, to enforce the payment of duties imposed by the revenue laws within its limits. Here is a law of the United States not even pretended to be unconstitutional, repealed by the authority of a small majority of the voters of a single state. Here is a pro- vision of the Constitution which is solemnly abrogated by the same authority. On such expositions and reasonings the ordinance grounds not only an assertion of the right to annul the laws of which it complains, but to enforce it by a threat of seced- ing from the Union if any attempt is made to execute them. This right to secede is deduced from the nature of the Constitution, which they say is a compact between sove- reign states, who have preserved their whole sovereignty, and, therefore, are subject to no superior ; that because they made the compact, they can break it, when, in their opinion, it has been departed from by the other states. Fallacious as this course of reasoning is, it enlists state pride, and finds advocates in the honest prejudices of those who have not studied the nature of our government suffi- ciently to see the radical error on which it rests. The people of the United Slates formed the Constitu- tion, acting through the state legislatures in making the compact, to me^t and discuss its provisions, and acting in separate conventions when they ratified those provisions ; but the terms used in its construction, show it to be a government in which the people of all the states collec- tively are represented. We are one people in the choice of a President and Vice-President. Here the states have no other agency than to direct the mode in which the votes shall be given. The candidates having the majority of all the votes are chosen. The electors of a majority of the states may have given their votes for one candidate, PROCLAMATION. 233 and yet another may be chosen. The people, then, and not the states, are represented in the executive branch. In the House of Representatives there is this difference, that the people of one state do not, as in the case of Pre- sident and Vice-President, all vote for the same officers. The people of all the states do not vote for all the mem- bers, each state electing only its own representatives. But this creates no material distinction. When chosen, they are all representatives of the United States, not repre- sentatives of the particular state from which they come. They are paid by the United States, not by the state ; nor are they accountable to it for any act done in the per- formance of their legislative functions; and howeverthey may, in practice, as it is their duty to do, consult and pre- fer the interests of their particular constituents when they come in conflict with any other partial or local interest, yet it is their first and highest duty, as Representatives of the United States, to promote the general good. The Constitution of the United States then forms a government, not a league, and whether it be formed by compact between the states, or in any other manner, its character is the same. It is a government in which all the people are represented, which operates directly on the people individually, not upon the state — they retained all the power they did not grant. But each state having expressly parted with so many powers, as to constitute jointly with the other states a single nation, cannot from that period possess any right to secede, because such secession does not break a league, but destroys the unity of a nation, and any injury to that unity is not only a breach which would result from the contravention of a compact, but it is an offence against the whole Union. To say that any state may at pleasure secede from the Union, is to say that the United States are not a nation, because it would be a solecism to contend that any part of a nation might dissolve its connection with the other parts, to their injury or ruin, Avithout committing any offence. Secession, like any other revolutionary act, may be mo- rally justified by the extremity of oppression ; but to call it a constitutional right, is confounding the meaning of 80* 2S4 APPENDIX. terms, and can only be done through gross error, or to deceive those who are wiUing to assert a right, but would pause before they made a revolution, or incur the penal- ties consequent on a failure. Because the Union was formed by compact, it is said the parties to that compact may, when they feel themselves aggrieved, depart from it, but it is precisely because it is a compact that they cannot. A compact is an agreement or binding obligation. It may by its terms have a sanction or penalty for its breach, or it may not. If it contains no sanction, it may be broken with no other consequence than moral guilt ; if it have a sanction, then the breach incurs the designated or implied penally, A league between independent nations, generally, has no sanction other than a moral one ; or if it should contain a penalty, as there is no common superior, it cannot be enforced. A govern- ment, on the contrary, always has a sanction express or implied, and in our case, it is both necessarily implied and expressly given. An attempt by force of arms to destroy a government, is an offence, by whatever means the constitutional compact may have been formed ; and such government has the right, by the law of self-defence, to pass acts for punishing the offender, unless that right is modified, restrained, or resumed by the constitutional act. In our system, although it is modified in the case of treason, yet authority is expressly given to pass all laws necessary to carry its powers into efiect, and under this grant, provision has been made for punishing acts which obstruct the due administration of the laws. It would seem superfluous to add any thing to show the nature of that union which connects us; but as erroneous opinions on this subject are the foundation of doctrines the most destructive to our peace, I must give some further .development to my views on this subject. No one, fellow- citizens, has a higher reverence for the reserved rights of the states than the magistrate who now addresses you. No one would make greater personal sacrifices, or official exertions, to defend them from violation, but equal care must be taken to prevent on their part an improper inter- ference with, or resumption of the rights they have vested i PROCLAMATION. 235 in the nation. The line has not been so distinctly drawn as to avoid doubts in some cases of the exercise of power. Men of the best intentions and soundest views may diifer in the construction of some parts of the Constitution ; but there are others on which dispassionate reflection can leave no doubt. Of this nature appears to be the assumed right of secession. It rests, as we have seen, on the alleged undivided sovereignty of the states, and on their having formed in this sovereign capacity a compact which is called the Constitution, from which, because they made it, they have the right to secede. Both of these positions are erro- neous, and "some of the arguments to prove them, so have been anticipated. The states severally have not retained their entire sove- reignty. It has been shown that in becoming parts of a nation, not members of a league, they surrendered many of their essential parts of sovereignty. The right to make treaties, declare war, levy taxes, exercise exclusive judicial and legislative powers, were all of them functions of sove- reign power. The states, then, for all these important purposes, were no longer sovereign. The allegiance with their citizens was transferred in the first instance to the government of the United States; they became American citizens, and owed obedience to the Constitution of the United States, and to laws made in conformity v/ith powers it vested in Congress. This last position has not been, and cannot be denied. How^ then can that state be said to be sovereign and independent whose citizens owe obe- dience to laws not made by it, and whose magistrates are sworn to disregard those laws, wdien they come in conliict with those passed by another ? What shows conclusively thai the states cannot be said to have reserved an undivided sovereignly, is that they expressly ceded the right to punish treason, not treason against their separate power, but treason against the United States. Treason is an offence against sovereignty, and sovereignty must reside with the power to punish it. But the reserved rights of the states are not the less sacred because they have for the common interest made the general government the depository of these powers. The unity of our political 336 APPENDIX. character (as has been shown for another purpose) com- menced with its very existence. Under the royal govern- ment, we had no separate character ; our opposition to its oppressions began as iinited colonies. We were the United States under the Confederation, and the name was perpetuated and the Union rendered more perfect by the Federal Constitution. In none of these stages did we consider ourselves in any other hght than as forming one nation. Treaties and alliances were made in the name of all. Troops were raised for the joint defence. How, then, with all these proofs, that under all changes of our position we had, for designated purposes, and with defined powers, created national governments ; how is it that the most perfect of those several modes of union should now be considered as a mere league that may be dissolved at pleasure ? It is from an abuse of terms. Compact is used as synonymous with league, although the true term is not employed, because it would at once show the fallacy of the reasoning. It would not do to say that our Constitution was only a league, but, it is labored to prove it a compact, (which in one sense it is,) and then to argue that as a league is a compact, every compact be- tween nations must of course be a league, and that from such an engagement every sovereign power has a right to recede. But it has been shown, that in this sense the states are not sov^ereign, and that even if they were, and the National Constitution had been formed by compact, there would be no right in any one stale to exonerate itself from its obligations. So obvious are the reasons which forbid this secession, that it is necessary only to allude to them. The Union was formed for the benefit of all. It was produced by mutual sacrifices of interests and opinion. Can those sacrifices be recalled ? Can the states, who magnani- mously surrendered their title to the territories of the west, recall the grant ? Will the inhabitants of the inland states agree to pay the duties that may be imposed without their assent by those on the Atlantic or the gulf, for their own benefit ? Shall there be a free port in one state and one- rous duties in another ? No one believes that any right PROCLAMATION. 237 exists in a single state to involve all the others in these and countless other evils, contrary to engagements solemn- ly made. Every one must see that the other states, in self-defence, must oppose it at all hazards. These are the aUernatives that are presented by the Convention ; a repeal of all the acts for raising revenue, leaving the government without the means of support ; or an acquiescence in the dissolution of our Union by the secession of one of its members. When the first was proposed, it was known that it could not be listened to for a moment. It was known if force was applied to oppose the execution of the laws, that it must be repelled by force — that CoDorress could not, without involving itself in dis- grace and the country in ruin, accede to the proposition ; and yet if this is done on a given day, or if any attempt is made to execute the laws, the state is, by the ordinance, declared to be out of the Union. The majority of a Convention assembled for the purpose, have dictated these terms, or rather its rejection of all terms, in the name of the people of South Carolina. It is true that the Governor of the state speaks of submission of their grievances to a Convention of all the states ; which he says they " sincerely and anxiously seek and desire." Yet this obvious and constitutional mode of obtaining the sense of the other states on the construction of the federal compact, and amending it, if necessary, has never been attempted by those who have urged the state on to this destructive measure. The state might have proposed the call for a general Convention to the other states ; and Congress, if a sufficient number of them concurred, must have called it. But the first magistrate of South Carolina, when he ex- pressed a hope that, " on a review by Congress and the functionaries of the general government of the merits of the controversy," such a Convention will be accorded to them, must have known that neither Congress nor any functionary of the general government has authority to call such a Convention, unless it be demanded by two-thirds of the states. This suggestion, then, is another instance of a reckless inattention to the provisions of the Constitu- tion with which this crisis has been madly hurried on ; or 238 APPENDIX. of the attempt to persuade the people that a constitutional remedy had been sought and refused. If the legislature of South Carolina "anxiously desire" a general Conven- tion to consider their complaints, why have they not made application for it in the way the Constitution points out? The assertion that they "earnestly seek it" is completely negatived by the omission. This, then, is the position in which we stand. A small majority of the citizens of one state in the Union have elected delegates to a State Convention; that Convention has ordained that all the revenue laws of the United States must be repealed, or that they are no longer a member of the Union. The Governor of that state has recommended to the legislature the raising of an army to carry the seces- sion into effect, and that he may be empowered to give clearances to vessels in the name of the state. No act of violent opposition to the laws has yet been committed, but such a state of things is hourly apprehended, and it is the intent of this instrument to proclaim not only the duty imposed on me by the Constitution " to take care that the laws be faithfully executed," shall be performed to the extent of the powers already vested in me by law, or of such others as the wisdom of Congress shall devise and intrust to me for that purpose ; but to warn the citizens of South Carolina, who have been deluded into an oppo- sition to the laws, of the danger they will incur by obe- dience to the illegal and disorganizing ordinance of the Convention — to exhort those who have refused to support it, to persevere in their determination to uphold the Con- stitution and laws of their country — and to point out to all, the perilous situation into which the good people of that state have been led— and that the course they are urged to pursue is one of ruin and disgrace to the very state whose rights they affect to support. Fellow-citizens of my native state ! — let me not only admonish you, as the first Magistrate of our common coun- try, not to incur the penalty of its laws, but use the in- fluence that a father would over his children, whom he saw rushing to certain ruin. In that paternal language, with that paternal feeling, let me tell you, my countrymen, I PROCLAMATION. 239 that you are deluded by men who are either deceived themselves, or wish to deceive you. Mark under what pretences you have been led on to the brink of insurrec- tion and treason, on which you stand ! First, a diminu- tion of the value of your staple commodity lowered by over production in other quarters, and the consequent dimi- nution in the value of your lands, were the sole effect of the tariff' laws. The effect of those laws was confessedly injurious, but the evil was greatly exaggerated by the unfounded theory j'ou were taught to believe, that its burdens were in proportion to your exports, not to your consumption of imported articles. Your pride was roused by the assertion that a submission to those laws was a state of vassalage, and that resistance to them was equal, in patriotic merit, to the opposition our fathers offered to the oppressive laAvs of Great Britain. You were told that this opposition might be peaceably — might be consti- tutionally made — that you might enjoy all the advantages of the Union and bear none of its burdens. Eloquent appeals to your passions, to your state pride, to your na- tive courage, to your sense of real injury, were used to prepare you for the period when the mask which con- cealed the hideous features of disunion should be taken off. It fell, and you were made to look with complacency on objects which not long since you would have regarded with horror. Look back at the arts which have brought you to this state ; look forward to the consequences to which it must inevitably lead ! Look back to what was first told you as an inducement to enter into this dangerous course. The great political truth was repeated to you, that you had the revolutionary right of resisting all laws that were palpably unconstitutional and intolerably op- pressive — it was added that the right to nullify a law rested on the same principle, but that it was a peaceable remedy! This character which was given to it, made you receive with too much confidence the assertions that were made of the unconstitutionality of the law and its oppressive effects. Mark, my fellow-citizens, that by the admission of your leaders, the unconstitutionality must be palpable, or it will 340 APPENDIX. not justify either resistance or nullification ! What is the meaning of the word palpable in the sense in which it is here used ? — that which is apparent to every one, that which no man of ordinary intellect will fail to perceive. Is the unconstitutionality of these laws of that descrip- tion ? Let those among your leaders who once approved and advocated the principle of protective duties answer the question ; and let them choose whether they will be considered as incapable, then, of perceiving that which must have been apparent to every man of common under- standing, or as imposing upon your confidence and en- deavoring to mislead you now. In either case they are unsafe guides in the perilous paths they urge you to tread. Ponder well on this circumstance, and you will know how to appreciate the exaggerated language they addressed to you. They are not champions of liberty, emulating the fame of our Revolutionary Fathers, nor are you an oppressed people, contending, as they repeat to you, against worse than colonial vassalage. You are free members of a flourishing and happy Union. There is no settled design to oppress you. You have indeed felt the unequal operations of laws which may have been un- wisely, not unconstitutionally passed ; but that inequality must necessarily be removed. At the very moment when you were madly urged on to the unfortunate course you have begun, a change in public opinion had commenced. The nearly approach- ing payment of the public debt, and the consequent ne- cessity of a diminution of duties, had already produced a considerable reduction, and that too on some articles of general consumption in your state. The importance of this change was understood, and you were authoritatively told that no further alleviation of your burdens was to be expected at the very lime when the condition of the coun- try imperiously demanded such a modification of the duties as should reduce them to a just and equitable scale. But, as if apprehensive of the effect of this change in allaying your discontents, you were precipitated into the fearful state in which you now find yourselves. I have urged you to look back to the means that were PROCLAMATION. 241 used to hurry you on to the position you have now as- sumed, and forward to the consequences it will produce. Something more is necessary. Contemplate the condi- tion of that country of which you still form an imporiant part ! consider its government uniting in one bond of common interest and general protection so many different states — giving to all their inhabitants the proud title of American citizens — protecting their commerce — securing their literature and their arts — facilitating their intercom- munication — defending the frontiers — and making their names respected in the remotest parts of the earth! Con- sider the extent of its territory, its increasing and happy population, its advance in arts which render life agree- able, and the sciences which elevate the mind: see edu- cation spreading the lights .of religion, humanity, and general information into every cottage in this wide extent of our territories and states! Behold it as the asylum where the wretched and the oppressed find a refuge and' support! Look on ibis picture of happiness and honor, and say, WE, TOO, ARE citizens or America! Carolina is one of these proud states; her arms have defended, her best blood has cemented this happy Union ! And then add, if you can, without horror and remorse, this happy Union we will dissolve — this picture of peace and prosperity we will deface — this free intercourse we will interrupt — these fertile fields we will deluge with blood — the protection of that glorious flag we will re- nounce — the very name of Americans we discard. And for what, mistaken men ! for what do you throw away these inestimable blessings — for what would you exchange your share in the advantaa^e and honor of the Union ? For the dream of a separate independence — a dream in- terrupted by bloody conflicts with your neighbors, and a vile dependence on a foreign power. If your leaders could succeed in establishing a separation, what would be your situation ? Are you united at home — are you free from the apprehension of civil discord, with all its fearful consequences ? Do our neighboring republics, every day suffering some nevf revolution or contending with some new insurrection — do they excite your envy ? 31 242 APPENDIX. But the dictates of a high duty oblige me solemnly to announce that you cannot succeed. The laws of the United States must be executed. I have no discretionary power on the subject ; my duty is emphatically pronounced in the Constitution. Those who told you that you might peaceably prevent their execu- tion, deceived you — they could not have been deceived themselves. They know that a forcible opposition could alone prevent the execution of the laws, and they know that such opposition must be repelled. Their object is dis- union: but be not deceived by names; disunion, by armed force, is treason. Are you really ready to incur its guilt ? If you are, on the heads of the instigators of the act be the dreadful consequences — on their heads be the dishonor, but on yours may fall the punishment — on your unhappy state will inevitably fall all the evils of the con- flict you force upon the government of your country. It cannot accede to the mad project of disunion, of which you would be the first victims — its first magistrate cannot, if he would, avoid the performance of his duty — the con- sequence must be fearful for you, distressing to your fel- low-citizens here, and to the friends of good government throughout the world. Its enemies have beheld our pros- perity with a vexation they could not conceal — it was a standing refutation of their slavish doctrines, and they will point to our discord with the triumph of malignant joy. It is yet in your power to disappoint them. There is yet time to show that the descendants of the Pinckneys, the Sumpters, the Rutledges, and of the thousand other names which adorn the pages of your Revolutionary history, will not abandon that Union, to support which, so many of them fought, and bled, and died. I adjure you, as you honor their meiuory — as you love the cause of freedom, to which they dedicated their hves — as you prize the peace of your country, the lives of its best citi- zens, and your own fair fame, to retrace your steps. Snatch from the archives of your state the disorganizing edict of its convention — bid its members to re-assemble and promulgate the decided expressions of your will to remain in the path which alone can conduct you to safety, PROCLAMATION. 243 prosperity, and honor — tell them that, compared to dis- union, all other evils are light, because that brings with it an accumulation of all — declare that you will never take the field unless the star-spangled banner of your country shall float over you — that you will not be stigmatized when dead, and dishonored and scorned while you live, as the authors of the first attack on the Constitution of your country ! — Its destroyers you cannot be. You may disturb its peace — you may interrupt the course of its prosperity — you may cloud its reputation for stabihty — but its tranquillity will be restored, its prosperity will return, and the stain upon its national character will be transferred, and remain an eternal blot on the memory of those who caused the disorder. Fellow-citizens of the United States ! The threat of unhallowed disunion — the names of those, once respected, by whom it was uttered — the array of military force to support it — denote the approach of a crisis in our affairs, on which the continuance of our unexampled prosperity, our political existence, and perhaps that of all free gov- ernments, may depend. The conjuncture demanded a free, a full and explicit enunciation, not only of my inten- tions, but of my principles of action ; and as the claim was asserted of a right by a state to annul the laws of the Union, and even to secede from it at pleasure, a frank exposition of my opinions in relation to the origin and form of our government, and the construction I give to the instrument by which it was created, seemed to be proper. Having the fullest confidence in the justness of the legal and constitutional opinion of my duties, which has been expressed, I rely with equal confidence on your undivided support in my determination to execute the laws — to pre- serve the Union by all constitutional means — to arrest, if possible, by moderate but firm measures, the necessity of a recourse to force ; and if it be the will of Heaven that the recurrence of its primeval curse on man for the shed- ding of a brother's blood should fall upon our land, that it be not called down by any offensive act on the part of the United States. Fellow-citizens ! The momentous case is before you. 244 APPENDIX. On your undivided support of your government depends the decision of the great question it involves, whether your sacred Union will be preserved, and the blessing it secures to us as one people shall be perpetuated. No one can doubt that the unanimity with which that decision will be expressed, will be such as to inspire new con- fidence in republican institutions, and that the prudence, the wisdom, and the courage which it will bring to their defence, will transmit them unimpaired and invigorated to our children. May the Great Ruler of nations grant that the signal blessings with which He has favored ours, may not, by the madness of party or personal ambition, be disregarded and lost ; and may His wise Providence bring those who have produced this crisis, to see the folly, before they feel the misery of civil strife ; and inspire a returning venera- tion for that Union, which, if we may dare to penetrate His designs, he has chosen as the only means of attaining the high destinies to which we may reasonably aspire. PROTEST. 245 Note C. Extracts from President Jackson'' s Protest against the Action of the United States Senate. — April 15, 1834. REASONS FOR THE PROTEST. It appears by the published journal of the Senate, that on the 26th of December last, a resolution was offered by a member of the Senate, which, after a protracted debate, was on the 28lh day of March last modified by the mover, and passed by the votes of twenty-six senators out of forty- six, who were present and voted, in the following words, viz. : " Resolved, That the President, in the late executive proceeding: in relation to the public revenue, has assumed upon himself authority and power not conferred by the Constitution and laws, but in derogation of both," Having had the honor, through the voluntary suffrages of the American people, to fill the office of President of the United States, during the period which may be pre- sumed to have been referred to in this resohuion, it is sufficiently evident, that the censure it inflicts was intended for myself. Without notice, unheard and untried, I thus find myself charged on the records of the Senate, and in a form hitherto unknown in our history, with the high crime of violating the laws and Constitution of my country. It can seldom be necessary for any department of the government, when assailed in conversation, or debate, or by the strictures of the press or of popular assemblies, to step out of its ordinary path for the purpose of vindicating its conduct, or of pointing out any irregularity or injustice in the manner of the attack. But when the Chief Execu- tive Magistrate is, by one of the most important branches of the government, in its official capacity, in a public manner, and by its recorded sentence, but without prece- 21* 246 APPENDIX. dent, competent authoritj'-, or just cause, declared guilty of the breach of the laws and Constitution, it is due to his station, to public opinion, and to proper self-respect, that the officer thus denounced should promptly expose the wrong which has been done. In the present case, moreover, there is even a stronger necessity for such a vindication. By an express provision of the Constitution, before the President of the United States can enter on the execution of his office, he is required to take an oath or affirmation, in the following words : "I do solemnly swear (or affirm) that I will faithfully execute the office ot President of the United States ; and will, to the best of my ability, preserve, protect, and defend the Constitution of the Umted States." The duty of defending, so far as in him lies, the integ- rity of the Constitution, would indeed have resulted from the very nature of his office ; but, by thus expressing it in the official oath or affirmation, which, in this respect, differs from that of every other functionary, the founders of our republic have attested their sense of its importance, and have given to it a peculiar solemnity and force. Bound to the performance of this dutj- by the oath I have taken, by the strongest obligations of gratitude to the American people, and by the ties which unite my every earthly in- terest with the welfare and glory of my country ; and perfectly convinced that the discussion and passage of the above-mentioned resolution were not only unauthorized by the Constitution, but in many respects repugnant to its provisions, and subversive of the rights secured by it to other co-ordinate departments, I deem it an imperative duty to maintain the supremacy of that sacred instrument, and the immunities of the department intrusted to my care, b)^ all means consistent with my own lawful powers, with the rights of others, and with the genius of our civil institutions. To this end, I have caused this, my solemn protest against the aforesaid proceedings, to be placed on the files of the Executive Department, and to be transmitted to the Senate. PROTEST. POWERS OF THE SENATE IN CASES OF IMPEACHMENT. Under the Constitution of the United States, the powers and functions of the various departments of the federal government, and their responsibihties for violation or neglect of duty, are clearly defined, or result by necessary inference. The legislative power, subject to the qualified negative of the President, is vested in the Congress of the United States, composed of the Senate and House of Re- presentatives. The executive power is vested exclusively in the President, except that in the conclusion of treaties, and in certain appointments to office, he is to act with the advice and consent of the Senate. The judicial power is vested exclusively in the Supreme and other Courts of the United States, except in cases of impeachment, for which purpose the accusatory power is vested in the House of Representatives, and that of hearing and determining in the Senate. But although, for the special purposes which have been mentioned, there is an occasional intermixture of the powers of the different departments, yet, with these exceptions, each of the three great departments is inde- pendent of the others in its sphere of action ; and when it deviates from that sphere, is not responsible to the others, further than it is expressly made so in the Constitution. In every other respect, each of them is the coequal of the other two, and all are the servants of the American people, without power or right to control or censure each other in the service of their common superior, save only in the manner and to the degree which that superior has pre- scribed. The responsibilities of the President are numerous and weighty. He is liable to impeachment for high crimes and misdemeanors, and, on due conviction, to removal from office, and perpetual disqualification ; and notwithstanding such conviction, he may also be indicted and punished according to law. He is also liable to the private action of any party, who may have been injured by his illegal mandates or instructions, in the same manner and to the same extent as the humblest functionary. In addition to the responsibilities which may thus be enforced by im- 248 APPENDIX. peachment, criminal prosecution, or suit at law, he is also accountable at the bar of public opinion, for every act of his administration. Subject only to the restraints of truth and justice, the free people of the United States have the undoubted right, as individuals or collectively, orally or in writing, at such times, and in such language and form as they may think proper, to discuss his official conduct, and to express and promulgate their opinions concerning it. Indirectly, also, his conduct may come under review in either branch of the legislature, or in the Senate when acting in its executive capacity, and so far as the execu- tive or legislative proceedings of these bodies may require it, it may be examined by them. These are believed to be the proper and only modes in which the President of the United States is to be held accountable for his official conduct. Tested by these principles, the resolution of the Senate is wholly unauthorized by the Constitution, and in deroga- tion of its entire spirit. It assumes that a single branch of the legislative department may, for the purposes of a public censure, and without any view to legislation or impeachment, take up, consider, and decide upon the of- ficial acts of the Executive. But in no part of the Con- stitution is the President subjected to any such responsi- bihty ; and in no part of that instrument is any such power conferred on either branch of the legislature. The justice of these conclusions Avill be illustrated and confirmed by a brief analysis of the powers of the Senate, and a comparison of their recent proceedings with those powers. The high functions assigned by the Constitution to the Senate, are in their nature either legislative, executive, or judicial. It is only in the exercise of its judicial powers, when sitting as a court for the trial of impeachments, that the Senate is expressly authorized and necessarily required to consider and decide upon the conduct of the President or any other public officer. Indirecll\s however, as has been already suggested, it may frequently be called on to perform that office. Cases may occur in the course of its legislative or executive proceedings, in which it may PROTEST. 349 be indispensable to the proper exercise of its powers, that it should inquire into, and decide upon, the conduct of the President or other public officers ; and in every such case, its constitutional right to do so is cheerfully conceded. But to authorize the Senate to enter on such a task, in its legislative or executive capacity, the inquiry must actually grow out of and tend to some legislative or executive action ; and the decision, when expressed, must take the form of some appropriate legislative or executive act. The resolution in question was introduced, discussed, and passed, not as a joint, but as a separate resolution. It as- serts no legislative power; proposes no legislative action; and neither possesses the form nor any of the attributes of a legislative measure. It does not appear to have been entertained or passed with any view or expectglion of its issuing in a law or joint resolution, or in the repeal of any law or joint resolution, or in any other legislative action. While wanting both the form and substance of a legis- lative measure, it is equally manifest that the resolution was not justified by any of the executive powers conferred on the Senate, These powers relate exclusively to the consideration of treaties and nominations to office, and they are exercised in secret session, and with closed doors. This resolution does not apply to any treaty or nomina- tion, and was passed in a public session. Nor does this proceeding in any way belong to that class of incidental resolutions which relate to the officers of the Senate, to their chamber, and other appurtenances, or to subjects of order, and other matters of the like nature — in all which either House may lawfully proceed, with- out any co-operation with the other, or with the President. On the contrary, the whole phraseology and sense of the resolution seem to be judicial. Its essence, true cha- racter, and only practical effect, are to be found in the conduct which it charges upon the President, and in the' judgment which it pronounces upon that conduct. The resolution, therefore, though discussed and adopted by the Senate in its legislative capacity, is, in its office, and in all its characteristics, essentially judicial. That the Senate possesses a high judicial power, and 250 APPENDIX. that instances may occur in which the President of the United Stales will be amenable to it, is undeniable. But under the provisions of the Constitution, it would seem to be equally plain, that neither the President, nor any other officer, can be rightfully subjected to the operation of the judicial power of the Senate, except in the cases and under the forms prescribed by the Constitution. The Constitution declares that " the President, Vice- president, and all civil officers of the United States, shall be removed from office, on impeachment for and convic- tion of treason, bribery, or other high crimes and misde- meanors;" that the House of Representatives "shall have the sole power of impeachment ;" that the Senate "shall have the sole power to try all impeachments ;" that " when sitting for that purpose, they shall be on oath or affirmation ;" that " when the President of the United States is tried, the Chief Justice shall preside ;" that " no person shall be convicted without the concurrence of two- thirds of the members present ;" and that judgment shall not extend farther than "to removal from office, and dis- qualification to hold and enjoy any office of honor, trust, or profit, under the United States." The resolution above quoted, charges, in substance, that in certain proceedings relating to the public revenue, the President has usurped authority and power not conferred upon him by the Constitution and laws, and that in doing so, he violated both. Any such act constitutes a high crime — one of the highest, indeed, which the President can commit — a crime which justly exposes him to im- peachment by the House of Representatives, and, upon due conviction, to removal from office, and to the complete and immutable disfranchisement prescribed by the Con- stitution. The resolution, then, was in substance an impeachment of the President : and in its passage, amounts to a decla- ration by a majority of the Senate, that he is guilty of an impeachable offence. As such, it is spread upon the journals of the Senate — published to the nation and to the world — made part of our enduring archives — and incor- porated in the history of the age. The punishment of PROTEST. 251 removal from office and future disqualification, does not, it is true, follow this decision ; nor would it have followed the like decision, if the regular forms of proceeding had been pursued, because the requisite number did not con- cur in the result. But the moral influence of a solemn declaration, by a majority of the Senate, that the accused IS guilty of the offence charged upon him, has been as effectually secured, as if the like declaration had been made upon an impeachment expressed in the same terms. Indeed, a greater practical effect has been gained, because the voles given for the resolution, though not sufficient to authorize a judgment of guilty on an impeachment, were numerous enough to carry that resolution. That the resolution does not expressly allege that the assumption of power and authority, which it condemns, was ititentional and corrupt, is no answer to the preceding view of its character and effect. The act thus condemned, necessarily implies violation and design in the individual to whom it is imputed, and being unlawful in its character, the legal conclusion is, that it was prompted by improper motives, and committed Avilh an unlawful intent. The charge is not of a mistake in the exercise of supposed powers, but of the assumption of powers not conferred by the Constitution and laws, and in derogation of both ; and nothing is suggested to excuse or palliate the turpitude of the act. In the absence of any such excuse or palliation, there is only room for one infer- ence ; and that is, that the intent was unlawful and cor- rupt. Besides, the resolution not only contains no miti- gating suggestion, but, on the contrary, it holds up the act complained of as justly obnoxious to censure and re- probation ; and thus as distinctly stamps it with impurity of motive, as if the strongest epithets had been used. The President of the United States, therefore, has been, by a majority of his constitutional triers, accused and found guilty of an impeachable offence ; but in no part of this proceeding have the directions of the Constitution been observed. The impeachment, instead of being preferred and pro- secuted by the House of Representatives, originated ia 252 APPENDIX. the Senate, and was prosecuted without the aid or con- currence of the other house. The oath or affirmation prescribed by the Constitution, was not taken by the senators ; the Chief Justice did not preside ; no notice of the charge was given to the accused ; and no opportunity afforded him to respond to the accusation, to meet his accusers face to face, to cross-examine the witnesses, to procure counteracting testimony, or to be heard in his defence. The safeguards and formahties which the Con- stitution has connected with the power of impeachment, were doubtless supposed, by the framers of that instru- ment, to be essential to the protection of the pubiic servant, to the attainment of justice, and to the order, impartiality, and dignity of the procedure. These safeguards and for- malities were not only practically disregarded, in the com- mencement and conduct of these proceedings, but, in their result, I find myself convicted by less than two-thirds of the members present, of an impeachable offence. In vain it may be alleged in defence of this proceedino-, that the form of the resolution is not that of an impeach- ment or a judgment thereupon — that the punishment pre- scribed in the Constitution does not follow its adoption, or that in this case no impeachment is to be expected from the House of Representatives. It is because it did not assume the form of an impeachment, that it is more pal- pably repugnant to the Constitution; for it is through that form only that the President is judicially responsible to the Senate ; and though neither removal from office, nor future disqualification ensues, yet it is not to be pre- sumed that the iramers of the Constitution considered either or both of those results as constituting the whole of the punishment they prescribed. The judgment of guilty by the highest tribunal in the Union ; the stigma it would inflict on the offender, his family and fame ; and the perpetual record on the journal, handing down to future generations the story of his disgrace, were doubt- less regarded by them as the bitterest portions, if not the very essence of that punishment. So far, therefore, as some of its most material parts are concerned, the pas- sage, recording, and promulgation of the resolution, are PROTEST. an attempt to bring them on the President, in a manner unauthorized by the Constitution. To shield him and other officers who are h'able to impeachment, from conse- quences so momentous, except when really merited by official delinquencies, the Constitution has most carefully guarded the whole process of impeachment. A majority of the House of Representatives must think the officer guilty before he can be charged. Two-thirds of the Senate must pronounce him guilty, or he is deemed to be inno- cent. Forty-six senators appear by the journal to have been present when the vote on the resolution was taken. If, after all the solemnities of an impeachment, thirty of those senators had voted that the President was guilty, yet would he have been acquitted; but by the mode of proceeding adopted in the present case, a lasting record of conviction has been entered up by the votes of twenty- six senators, without an impeachment or trial ; whilst the Constitution expressly declares, that to the entry of such a judgment on accusation by the House of Representa- tives, a trial by the Senate, and a concurrence of two- thirds in the vote of guilty, shall be indispensable pre- requisites. Whether or not an impeachment was to be expected from the House of Representatives, was a point on which the Senate had no constitutional right to speculate, and in respect to which, even had it possessed the spirit of pro- phecjs its anticipations would have furnished no just grounds for this procedure. Admitting that there was reason to believe that a violation of the Constitution and laws had been actually committed by the President, still it was the duty of the Senate, as his sole constitutional judges, to wait for an impeachment until the other house should think proper to prefer it. The members of the Senate could have no right to infer that no impeachment was intended. On the contrary, every legal and rational presumption on their part ought to have been, that if there was good reason to believe him guilty of an impeachable offence, the House of Representatives would perform its constitutional duty by arraigning the offender before the justice of his country. The contrary presumption would 2-3 354 APPENDIX. involve an implication deroofatory to the integrity and honor of the representatives ol" the people. But suppose the suspicion thus implied were actually entertained, and for good cause, how can it justif)^ the assumption by the Senate, of powers not conferred by the Constitution '. It is only necessary to look at the condition in which the Senate and the President have been placed by this proceeding, to perceive its utter incompatibility with the provisions and spirit of the Constitution, and with the plainest dictates of humanity and justice. If the House of Representatives shall be of opinion that there is just ground for the censure pronounced upon the President, then will it be the solemn duty of that House to prefer the proper accusation, and to cause him to be brought to trial by the constitutional tribunal. But in what condition would he find that tribunal? A majority of its members have already considered the case, and have not onl}^ formed, but expressed a deliberate judgment upon its merits. It is the policy of our benign system of juris- prudence, to secure in all criminal proceedings, and even in the most trivial litigations, a fair, unprejudiced, and impartial trial. And surely it cannot be less important, that such a trial should be secured to the highest officer of the government. The Constitution makes the House of Representatives the exclusive judges, in the first instance, of the question, whether the President has committed an impeachable of- fence. A majority of the Senate, whose interference with this preliminary question has, for the best of all reasons, been studiously excluded, anticipate the action of the House of Representatives, assume not only the function which belongs exclusively to that body, but convert them- selves into accusers, w^itnesses, counsel, and judges, and pre-judge the whole case. Thus presenting the appalling spectacle, in a free state, of judges going through a labored preparation for an imipartial hearing and decision, by a previous ex parte investigation and sentence against the supposed offender. There is no more settled axiom in that government whence we derive the model of this part of our Constitu- PROTEST. 2S5 tion, than " that the lords cannot impeach any to them- selves, nor join in the accusation, because they are judges." Independently of the general reason on which this rule is founded, its propriety and importance are greatly in- creased by the nature of the impeaching power. The power of arraigning the high officers of government, be- fore a tribunal whose sentence may expel them from their seats, and brand them as infamous, is eminently a popular remedy — a remedy designed to be employed for the pro- tection of private right and public liberty, against the abuses of injustice, and the encroachments of arbitrary power. But the framers of the Constitution were also undoubtedly aware that this formidable instrument had been and might be abused ; and that from its very nature, an impeachment for high crimes and misdemeanors, what- ever might be its result, would in most cases be accom- panied by so much of dishonor and reproach, solicitude and suffering, as to make the power of preferring it, one of the highest solemnity and importance. It was due to both these considerations that the impeaching power should be lodged in the hands of those who, from the mode of their election and the tenure of their offices, would most accurately express the popular will, and at the same time be most directly and speedily amenable to the people. The theory of these wise and benignant in- tentions is, in the present case, efiectuall}'' defeated by the proceedings of the Senate. The members of that body represent not the people, but the states ; and though they are undoubtedl}'- responsible to the states, yet, from their extended term of service, the effect of that responsibility, during the whole period of that term, must very much depend upon their own impressions of its obligatory force. When a body, thus constituted, expresses beforehand its opinion in a particular case, and thus indirectly invites a prosecution, it not only assumes a power intended for wise reasons to be confined to others, but it shields the latter from that exclusive and personal responsibility undei which it was intended to be exercised, and reverses the whole scheme of this part of the Constitution. Such would be some of the objections to this procedure, 256 APPENDIX. even if it were admitted that there is just ground for im- puting to the President the oflences charged in the reso- lution. But if, on the other hand, the House of Repre- sentatives shall be of opinion that there is no reason for charging them upon him, and shall therefore deem it improper to prefer an impeachment, then will the violation of privilege, as it respects that House, of justice, as it re- gards the President, and of the Constitution as it relates to both, be only the more conspicuous and impressive. RIGHT OF THE PRESIDENT TO REMOVE THE SECRETARY OF THE TREASURY. By the Constitution, the executive power is vested in the President of the United States. Among the duties imposed upon him, and which he is sworn to perform, is that of " taking care that the laws be faithfully executed." Being thus made responsible for the entire action of the executive department, it was but reasonable that the power of appointing, overseeing, and controlling those who execute the laws — a power in its nature executive — should remain in his hands. It is therefore not only his right, but the Constitution makes it his duty to "nominate, and by and Avith the advice and consent of the Senate, appoint" all "officers of the United States, whose appointments are not in the Constitution otherwise provided for," with the pro- viso that the appointment of inferior officers may be vested in the President alone, in the courts of justice, or in the heads of departments. The executive power vested in the Senate is neither that of "nominating" nor "appointing." It is merely a check upon the executive power of appointment. If in- dividuals are proposed for appointment by the President, by them deemed incompetent or unworthy, they may withhold their consent, and the appointment cannot be made. They check the action of the Executive, but cannot, in relation to these very subjects, act themselves, nor direct him. Selections are still made by the Presi- dent; and the negative given to the Senate, without dimi- nishing his responsibility, furnishes an additional guarantee to the country that the subordinate executive, as well as PROTEST. 257 the judicial offices, shall be filled with worthy and com- petent men. The whole executive power being vested in the Pre- sident, who is responsible for its exercise, it is a necessary consequence that he should have a right to employ agents of his own choice to aid him in the performance of his duties, and to discharge them when he is no longer Avilling to be responsible for their acts. In strict accordance with this principle, the power of removal, which, like that of appointment, is an original executive power, is left un- checked by the Constitution in relation to all executive officers, for whose conduct the President is responsible, while it is taken from him in relation to judicial officers, for whose acts he is not responsible. In the government from which many of the fundamental principles of our system are derived, the head of the executive department originally had power to appoint and remove at will all officers, executive and judicial. It was to take the judges out of this general power of removal, and thus make them independent of the Executive, that the tenure of their offices was changed to good behavior. Nor is it conceiv- able why they are placed in our Constitution upon a tenure different from that of all other officers appointed by the Executive, unless it be for the same purpose. But if there were any just ground for doubt, on the face of the Constitution, whether all executive officers are re- movable at the will of the President, it is obviated by the cotemporaneous construction of the instrument and the uniform practice under it. The power of removal was a topic of solemn debate in the Congress of 1789, while organizing the administrative departments of the government, and it was finally decided, that the President derived from the Constitution the power of removal, so far as it regards that department for whose acts he is responsible. Although the debate covered the whole ground, embracing the treasury as well as all the other executive departments, it arose on a motion to strike out of the bill to establish a department of foreign affairs, since called the department of state, a clause declaring the secretary " to be removable from office by the Presi- 22* 258 APPENDIX. dent of the United States." After that motion had been decided in the negative, it was perceived that these words did not convey the sense of the House of Representatives in relation to the true source of the power of removal. With the avowed object of preventing any future infer- ence, that this power was exercised by the President in virtue of a grant from Congress, when in fact that body considered it as derived from the Constitution, the words which had been the subject of debate, were- struck out, and in lieu thereof a clause was inserted in a provision concerning the chief clerk of the department, which de- clared that " whenever the said principal officer shall be removed from office by the President of the United States, or in any other case of vacancy," the chief clerk should during such vacancy have charge of the papers of the office. This change having been made for the express purpose of declaring the sense of Congress, that the Pre- sident derived the power of removal from the Constitution, the act, as it passed, has always been considered as a full expression of the sense of the legislature on this import- ant part of the American Constitution. Here, then, we have the concurrent authority of Pre- sident Washington, of the Senate, and House of Repre- sentatives, numbers of whom had taken an active part in the Convention which framed the Constitution, and in the state Convention which adopted it, that the President derived an unqualified power of removal from that instru- ment itself, which is " beyond the reach of legislative authority." Upon this principle the government has now been steadily administered for about forty-five years, during which there have been numerous removals made by the President, or by his direction, embracing every grade of executive officers, from the heads of departments to the messengers of bureaus. The treasury department, in the discussions of 1789, was considered on the same footing as the other executive departments, and in the act establishing it, the precise words were incorporated indicative of the sense of Con- gress, that the President derives his power to remove the secretary from the Constitution, which appear in the act PROTEST. 259 establishing the department of foreign affairs. An assist- ant secretary of the treasury was created, and it was pro- vided that he should take charge of the -books and papers of the department, "whenever the secretary shall be re- moved from office by the President of the United States." The secretary of the treasury being appointed by the President, and being considered as constitutionally remov- able by him, it appears never to have occurred to any one in the Congress of 1789, or since, until very recent- ly, that he was other than an executive officer, the mere instrument of the Chief Magistrate in the execution of the laws, subject, like all other heads of departments, to his supervision and control. No such idea, as an officer of the Congress, can be found in the Constitution, or appears to have suggested itself to those who organized the go- vernment. CONCLUSION. The honest differences of opinion which occasionally exist between the Senate and the President, in regard to matters in which both are obliged to participate, are suf- ficiently embarrassing. But if the course recently adopted by the Senate shall hereafter be frequently pursued, it is not only obvious that the harmony of the relations between the President and the Senate will be destroyed, but that other and graver effects will ultimately ensue. If the censures of the Senate be submitted to by the President, the confidence of the people in his ability and virtue, and the character and usefulness of his administration, will soon be at an end, and the real power of the government Avill fall into the hands of a body, holding their offices for long terms, not elected by the people, and not to them directly responsible. If, on the other hand, the illegal censures of the Senate should be resisted by the President, coUisions and angry controversies might ensue, discredit- able in their progress, and in the end compelHng the peo- ple to adopt the conclusion, either that their Chief Magis- trate was unworthy of their respect, or that the Senate was chargeable with calumny and injustice. Either of these results would impair public confidence in the per* 260 APPENDIX. fection of the system, and lead to serious alterations of its framework, or to the practical abandonment of some of its provisions. The influence of such proceedings on the other depart- ments of the government, and more especially on the states, could not fail to be extensivel}' pernicious. When the judges, in the last resort, of official misconduct, them- selves overleaped the bounds of their authority, as pre- scribed by the Constitution, what general disreijard of its provisions might not their example be expected to pro- duce ? And who does not perceive that such contempt of the federal Constitution, by one of its most important de- partments, would hold out the strongest temptations to resistance on the part of the state sovereignties, whenever they shall suppose their just rights to have been invaded? Thus all the independent departments of the government, and the states which compose our confederated union, instead of attending to their appropriate duties, and leav- ing those who may offend to be reclaimed or punished in the manner pointed out in the Constitution, would fall to mutual crimination and recrimination, and give to the people confusion and anarchy, instead of order and law; until at length some form of aristocratic power would be established on the ruins of the Constitution, or the states be broken into separate communities. Far be it from me to charge, or to insinuate, that the present Senate of the United States intended, in the most distant way, to encourage such a result. It is not of their motives or designs, but only of the tendency of their acts, that it is my duty to speak. It is, if possible, to make senators themselves sensible of the danger which lurks under the precedent set in their resolution ; and at any rate to perform my duty, as the responsible head of one of the co-ecjual departments of the government, that I have been compelled to point out the consequences to which the discussion and passage of the resolution may lead, if the tendency of the measure be not checked in its incep- tion. It is due to the high trust with which I have been charged. ; to those who may be called to succeed me in. PROTEST. 361 it ; to the representatives of the people, whose constitu- tional prerogative has been unlawfully assumed; to the people of the states ; and to the Constitution they have established ; that I shall not permit its provisions to be broken down, by such an attack on the executive depart- ment, without at least some efiort " to preserve, protect, and defend them." With this view, and for the reasons which have been stated, I do hereby solkmnly protest against the aforementioned proceedings of the Senate, as un- authorized by the Constitution ; contrary to its spirit and to several of its express provisions ; subversive of that distribution of the powers of government which it has ordained and established ; destructive of the checks and safeguards by which those powers were intended, on the one hand to be controlled, and on the other to be pro- tected ; and calculated by their immediate and collateral effects, by their character and tendency, to concentrate in the hands of a body not directly amenable to the people, a degree of influence and power dangerous to their liber- lies, and fatal to the Constitution of their choice. The resolution of the Senate contains an imputation upon my private as well as upon my public character; and as it must stand for ever on their journals, I cannot close this substitute for that defence which I have not been allowed to present in the ordinary form, without remarking, that I have lived in vain, if it be necessary to enter into a formal vindication of my character and motives from such an imputation. In vain do I bear upon my person, en- during memorials of that contest in which American liberty was purchased — in vain have I since perilled pro- perty, fame, and life, in defence of the rights and privi- leges so dearly bought — in vain am I now, without a personal aspiration, or the hope of individual advantage, encountering responsibilities and dangers, from which, by mere inactivity in relation to a single point, L might have been exempt — if any serious doubts can be entertained as to the purity of my purposes and motives. If I had been ambitious, I should have sought an alliance with that powerful institution, which even now aspires to no di-. 262 APPENDIX. vided empire. If I had been venal, I should have sold myself to its designs. Had I preferred personal comfort and official ease to the performance of my arduous duty, I should have ceased to molest it. In the history of con- querors and usurpers, never, in the fire of youth, nor in the vigor of manhood, could I find an attraction to lure me from the path of duty ; and now, I shall scarcely find an inducement to commence their career of ambition, when gray hairs and a decaying frame, instead of inviting to toil and battle, call me to the contemplation of other worlds, where conquerors cease to be honored, and usurp- ers expiate their crimes. The only ambition I can feel is, to acquit myself to Him to whom I must soon render an account of my steward- ship, to serve my fellow-men, and live respected and honored in the history of my country. No ! the ambition which leads me on, is an anxious desire and a fixed de- termination, to return to the people, unimpaired, the sacred trust they have confided to my charge ; to heal the wounds of the Constitution and preserve it from further violation ; to persuade my countrymen, so far as I may, that it is not in a splendid government, supported by powerful monopolies and aristocratical establishments, that they will find happiness, or their liberties protection ; but in a plain system, void of pomp — protecting all, and granting favors to none — dispensing its blessings like the dews of Heaven, unseen and unfelt, save in the freshness and beauty they contribute to produce. It is such a government that the genius of our people requires — such an one only under which our states may remain for ages to come, united, prosperous, and free. If the Almighty Being who has hitherto sustained and protected me, will but vouchsafe to make my feeble powers instrumental to such a result, I shall anticipate with pleasure the place to be assigned me in the history of my country, and die contented with the behef, that I have contributed, in some small degree, to increase the value and prolong the dura- tion of American liberty. To the end that the resolution of the Senate may not PROTEST. 263 be hereafter drawn into precedent, with the authority of silent acquiescence on the part of the executive depart- ment, and to the end, also, that my motives and views in the executive proceedings denounced in that resolu- tion, may be known to my fellow-citizens, to the world, and to all posterity, I respectfully request that this mes- sage and protest may be entered at length on the journals of the Senate. 264 APPENDIX. Note D. Farewell Address of President Jachson. Fellow-Citizens : Being about to retire finally from public life, I beg leave to offer you my grateful thanks for the many proofs of kindness and confidence which I have received at your hands. It has been my fortune, in the discharge of public duties, civil and military, frequently to have found myself in difficult and trying situations, where prompt decision and energetic action were neces- sary, and where the interests of the country required that high responsibilities should be fearlessly encountered ; and it is with the deepest emotions of gratitude that I acknow- ledge the continued and unbroken confidence with which you have sustained me in every trial. My public life has been a long one, and I cannot hope that it has at all times been free from errors. But I have the consolation of knowing, that if mistakes have been committed, they have not seriously injured the country I so anxiously endeavored to serve ; and at the moment when I surrender my last public trust, I leave this great people prosperous and happy; in the full enjoyment of liberty and peace; and honored and respected by every nation in the world. If my humble efforts have, in any degree, contributed to preserve to you these blessings, I have been more than Rewarded by the honors you have heaped upon me ; and, above all, by the generous confidence with which you have supported me in every peril, and with which you have continued to animate and cheer my path to the clos- ing hour of my political life. The time has now come, when advanced age and a broken frame warn me to retire from public concerns ; but the recollection of the many favors you have bestowed upon me is engraven upon my heart, and I have felt that I could not part from your ser- vice without making this public acknowledgment of the gratitude I owe you. And if I use the occasion to offer FAREWELL ADDRESS. 265 to you the counsels of age and experience, you will, I trust, receive them with the same indulgent kindness which you have so often extended to me ; and will, at least, see in them an earnest desire to perpetuate, in this favored land, the blessings of hberty and equal laws. We have now lived almost fifty years under the Con- stitution framed by the sages and patriots of the Revolution. The conflicts in which the nations of Europe were engaged during a great part of this period ; the spirit in which they waged war with each other; and our intimate com- mercial connections with every part of the civilized world, rendered it a time of much difliculty for the government of the United States. We have had our seasons of peace and of war, with all the evils which precede or follow a state of hostihty with powerful nations. We encountered these trials, with our Constitution yet in its infancy, and under the disadvantages which a new and untried govern- ment must always feel, when it is called upon to put forth its whole strength, without the lights of experience to guide it, or the weight of precedents to justify its mea- sures. But we have passed triumphantly through all these difficulties. Our Constitution is no longer a doubtful experiment; .and at the end of nearly half a century, we find that it has preserved, unimpaired, the liberties of the people, and secured the rights of property, and that our country has improved, and is flourishing beyond any former example in the history of nations. In our domestic concerns, there is every thing to en- courage us; and if you are true to yourselves, nothing can impede your march to the highest point of national prosperity. The states which had so long, been retarded in their improvements by the Indian tribes residing in the midst of them, are at length relieved from the evil ; and this unhappy race — the original dwellers in our land — are now placed in a situation where we may well hope that they will share in the blessings of civiUzation, and be saved from that degradation and destruction to which they were rapidly hastening, while they remained in the states ; and while the safety and comfort of our own citizens have been greatly promoted by their removal, the philanthropist 23 266 APPENDIX. will rejoice that the remnant of this ill-fated race has been at length placed beyond the reach of injury or oppression, and that the paternal care of the general government will hereafter watch over them and protect them. If we turn to our relations with foreign powers, we find our condition equally gratifying. Actuated by the sincere desire to do justice to every nation, and to preserve the blessings of peace, our intercourse with them has been conducted on the part of this government in the spirit of frankness, and I take pleasure in saying that it has gene- rally been met in a corresponding temper. Difficulties of old standing have been surmounted by friendly dis- cussion, and the mutual desire to be just; and the claims of our citizens, which had been long withheld, have at • length been acknowledged and adjusted, and satisfactory arrangements made for their final payment ; and with a limited, and I trust a temporary exception, our relations with every foreign power are now of the most friendly character — our commerce continually expanding, and our flag respected in every quarter of the world. These cheering and grateful prospects, and these mul- tiplied favors, we owe, under Providence, to the adoption of the Federal Constitution. It is no longer a question Avhether this great country can remain happily united, and flourish under our present form of government. Ex- perience, the unerring test of all human undertakings, has shown the wisdom and foresight of those Avho formed it ; and has proved, that in the union of these states there is a sure foundation for the brightest hopes of freedom, and for the happiness of the people. At every hazard, and by every sacrifice, this Union must be preserved. The necessity of watching with jealous anxiety, for the preservation of the Union, was earnestly pressed upon his fellow-citizens by the Father of his country, in his fare- well address. He has there told us, that " while ex- perience shall not have demonstrated its impracticability, there will always be reason to distrust the patriotism of those who, in any quarter, may endeavor to weaken its bonds ;" and he has cautioned us, in the strongest terms, against the formation of parties on geographical discrimi- FAREWELL ADDRESS. 287 nations, as one of the means which might disturb our Union, and to which designing men would be likely to resort. The lessons contained in this invaluable legacy of Wash- ington to his countrymen, should be cherished in the heart of every citizen to the latest generation ; and, perhaps, at no period of time could the}^ be more usefully remembered than at the present moment. For when we look upon the scenes that are passing around us, and dwell upon the pages of his parting address, his paternal counsels would seem to be not merely the offspring of wisdom and fore- sight, but the voice of prophecy foretelling events and warning us of the evil to come. Forty years have passed since this imperishable document was given to his coun- trymen. The Federal Constitution was then regarded by him as an experiment, and he so speaks of it in his address ; but an experiment upon the success of which the best hopes of his country depended, and we all know that he was prepared to lay down his life, if necessary, to secure to it a full and fair trial. The trial has been made. It has succeeded beyond the proudest hopes of those who framed it. Every quarter of this widely extended nation has felt its blessings, and shared in the general prosperity produced by its adoption. But amid this general prosper- ity and splendid success, the dangers of which he warned us are becoming every day more evident, and the signs of evil are sufficiently apparent to awaken the deepest anxiety in the bosom of the patriot. We hold systematic efforts publicly made to sow the seeds of discord between different parts of the United States, and to place party divisions directly upon geographical distinctions ; to excite the South against the North, and the North against the South, and to force into the controversy the most deli- cate and exciting topics upon which it is impossible that a large portion of the Union can ever speak without strong emotions. Appeals, too, are constantly made to sectional interests, in order to influence the election of the Chief Magistrate, as if it were desired that he should favor a particular quarter of the country, instead of fulfil- ling the duties of his station with impartial justice to all ; 268 APPENDIX. and the possible dissolution of the Union has at length become an ordinary and familiar subject of discussion. Has the warning voice of Washington been forgotten? or have designs already been formed to sever the Union ? Let it not be supposed that I impute to all of those who have taken an active part in these unwise and unprofitable discussions, a want of patriotism or of public virtue. The honorable feeling of state pride, and local attachments, find a place in the bosoms of the most enhghtened and pure. But while such men are conscious of their own integritj'- and honesty of purpose, they ought never to forget that the citizens of other states are their political brethren; and that, however mistaken they may be in their views, the great body of them are equally honest and upright with themselves. Mutual suspicions and reproaches may in time create mutual hostility, and artful and designing men will always be found, who are ready to foment these fatal divisions, and to inflame the natural jealousies of different sections of the country. The history of the world is full of such examples, and especially the history of republics. What have you to gain by division and dissension ? Delude not yourselves with the belief that a breach once made, may be afterwards repaired. If the Union is once severed, the line of separation will grow wider and wider, and the controversies which are now debated and settled in the halls of legislation, will then be tried in fields of battle, and be determined by the sword. Neither should you deceive yourselves with the hope, that the first line of separation would be the permanent one, and that no- thing but harmony and concord would be found in the new associations, formed upon the dissolution of this Union. Local interests would still be found there, and unchastened ambition. And if the recollection of common dangers, in which the people of these United Slates stood side by side against the cOxTiraon foe ; the memory of victories won by their united valor ; the prosperity and happiness they have enjoyed under the present Constitution ; the proud name they bear as citizens of this great republic ; if all these recollections and proofs of common interest are FAREWELL ADDRESS. not strong- enough to bind us together as one people, what tie will hold united the new divisions of empire, when these bonds have been broken and this Union dissevered? The first line of separation would not last for a single generation ; new fragments would be torn off; new lead- ers would spring up"; and this great and glorious republic would soon be broken into a muUitude of petty states ; without commerce, without credit ; jealous of one another ; armed for mutual aggression ; loaded with taxes to pay armies and leaders ; seeking aid against each other from foreign powers; insulted and trampled upon by the na- tions of Europe, until, harassed with conflicts, and huni- bled and debased in spirit, they would be ready to submit to the absolute dominion of any military adventurer, and to surrender their liberty for the sake of repose. It is impossible to look on the consequences that would inevita- bly follow the destruction of this government, and not feel indignant when we hear cold calculations about the value o'f the Union, and have so constantly before us a line of conduct so well calculated to weaken its ties. There is too much at stake to allow pride or passion to influence your decision. Never for a moment believe that the great body of the citizens of any state or states can deliberately intend to do wrong. They may, under the influence of temporary excitement or misguided opinions, commit mistakes ; they may be misled for a time by the suggestions of self-interest ; but in a community so en- ligluened and patriotic as the people of the United States, argument will soon make them sensible of their errors ; and when convinced, they will be ready to repair them. If they have no higher or better motives to govern them, they will at least perceive that their own interest requires them to be just to others, as they hope to receive justice at their hands. But in order to maintain the Union unimpaired, it is absolutely necessary that the laws passed by the consti- tuted authorities, should be faithfully executed in every part of the country, and that every good citizen should, at all times, stand ready to put down, with the combined force of the nation, every attempt at unlawful resistance, 2S* 270 APPENDIX. under whatever pretext it may be made, or whatever shape it may assume. Unconstitutional or oppressive laws may no doubt be passed by Congress, either from erroneous views, or the want of due consideration ; if they are within reach of judicial authority, the remedy is ea^y and peaceful ; and if, from the character of the law, it is an abuse of power not within the control of the ju- diciary, then free discussion and calm appeals to reason and to the justice of the people, will not fail to redress the wrong. But until the law shall be declared void by the courts, or repealed by Congress, no individual or combi- nation of individuals, can be justified in forcibly resisting its execution. It is impossible that any government can continue to exist upon any other principles. It would cease to be a government, and be unworthy of the name, if it had not the power to enforce the execution of its own laws within its own sphere of action. It is true that cases may be imagined, disclosing such a settled purpose of usurpation and oppression, on the part of the government, as Avould justify an appeal to arms. These, however, are extreme cases, which we have no reason to apprehend in a government where the power is in the hands of a patriotic people ; and no citi- zen who loves his country would, in any case whatever, resort to forcible resistance, unless he clearly saw^ that the time had come when a freeman should prefer death to submission ; for if such a struggle is once begun, and the citizens of one section of the country arrayed in arms against those of another, in doubtful conflict, let the battle result as it may, there will be an end of the Union, and with it an end of the hopes of freedom. The victory of the injured would not secure to them the blessings of liberty ; it would avenge their wrongs, but they would themselves share in the common ruin. But the Constitution cannot be maintained, nor the Union preserved in opposition to public feeling, by the mere exertion of the coercive powers confided to the gene- ral government. The foundations must be laid in the affections of the people ; in the security it gives to life, liberty, character, and property, in every quarter of the country ; and in the fraternal attachments which the citi- FAREWELL ADDRESS. 271 zens of the several states bear to one another, as members of one political family, naturally contributing to promote the happiness of each other. Hence, the citizens of every state should studiously avoid every thing calculated to wound the sensibility or offend the just pride of the people of other states ; and they should frown upon any proceed- ings within their own borders likely to disturb the tran- quillity of their political brethren in other portions of the Union. In a country so extensive as the United States, and with pursuits so varied, the internal regulations of the several states must frequently differ from one another in important particulars; and this difference is unavoidably increased by the varying principles upon which the Ameri- can colonies were originally planted ; principles which had taken deep root in their social relations before the Revolution, and therefore, of necessity, influencing their policy since they became free and independent states. But each state has the unquestionable right to regulate its own internal concerns according to its own pleasure ; and while it does not interfere with the rights of the people of other states, or the rights of the Union, every state must be the sole judge of the measures proper to secure the safety of its citizens and promote their happi- ness ; and all efforts on the part of the people of other states to cast odium upon their institutions, and all mea- sures calculated to disturb their rights of property, or to put in jeopardy their peace and internal tranquillity, are in direct opposition to the spirit in which the Union was formed, and must endanger its safety. Motives of phi- lanthropy may be assigned for this unwarrantable inter- ference ; and weak men may persuade themselves for a moment that they are laboring in the cause of humanity, and asserting the rights of the human race ; but every one, upon sober reflection, will see that nothing but mis- chief can come from these improper assaults upon the feelings and rights of others. Rest assured, that the men found busy in this work of discord are not worthy of your confidence, and deserve your strongest reprobation. In the legislation of Congress, also, and in every mea- sure of the general government, justice to every portion 273 APPENDIX. of the United States should be faithfully observed. No free government can stand without virtue in the people, and a lofty spirit of patriotism ; and if the sordid feelings of mere selfishness shall usurp the place which ought to be fill^^d by public spirit, the leirislation of Congress will soon be converted into a scramble for personal and sec- tional advantages. Under our free institutions, the citizens of every quarter of our country are capable of attaining a high degree of prosperity and happiness, without seeking to profit themselves at the expense of others ; and every such attempt must, in the end, fail to succeed ; for the people in every part of the United States are too enlight- ened not to understand their own rights and interests, and to detect and defeat ever)'' effort to g:ain undue advantages over them ; and when such designs are discovered, it naturally provokes resentments which cannot always be allayed. Justice, full and ample justice, to every portion of the United States, should be the ruling principle of every freeman, and should guide the deliberations of every public body, whether it be slate or national. It is well known that there have always been those among us xyho wish to enlarge the powers of the general government"; and experience would seem to indicate that there is a tendency on the part of this government to over- step the boundaries marked out for it by the Constitution. Its legitimate authority is abundantly sufficient for all the pur[:05es for which it was created : and its powers being expressly enumerated, there can be no juslificaiion for claiming any thing beyond them. Every attempt to exercise power beyond these limits should be promptly and firmly opposed. For one evil example will lead to other measures s-till more mischievous; and if the prin- ciple of constructive powers, or supposed advantages, or temporary circumstances, shall ever be permitted to Justify the assumption of a power not given by the Constitution, the general government will before long absorb all the powers of legislation, and you will have, in effi ct, but one consolidated government. From the extent of our coun- try, its diversified interests, different pursuits, and dif- ferent habits, it is too obvious for argument that a single FAREWELL ADDRESS. 273 consolidated government would be wholl}'^ inadequate to watch over and protect its interests; and every friend of our free institutions should be always prepared to main- tain unimpaired and in full vigor the rights and sove- reignly of the states, and to confine the action of the general government strictly to the sphere of its appro- priate duties. There is, perhaps, no one of the powers conferred on the federal government so liable to abuse as the taxing power. The most productive and convenient sources of revenue were necessarily given to it, that it might be able to perform the important duties imposed upon it; and the taxes which it lays upon commerce being con- cealed from the real payer in the price of the article, they do not so readily attract the attention of the people as smaller sums demanded from them directly by the tax- gatherer. But the tax imposed on goods, enhances b}'' so much the price of the commodity to the consumer; and as many of these duties are imposed on articles of neces- sity which ire daily used by the great body of the people, the money raised by these imposts is drawn from their pockets. Congress has no right under the Constitution to take money from the people, unless it is required to execute some one of the specific powers intrusted to the government ; and if they raise more than is necessary for such purposes, it is an abuse of the power of taxation, and unjust and oppressive. It may indeed happen that the revenue will sometimes exceed the amount anticipated when the taxes were laid. When, however, this is as- certained, it is easy to reduce them ; and, in such a case, it is unquestionably the duty of the government to reduce them, for no circumstances can justify it in assuming a power not given to it by the Constitution, nor in taking away the money of the people when it is not needed for the legitimate wants of the government. Plain as these principles appear to be, you will yet find that there is a constant efibrt to induce the general govern- ment to go beyond the limits of its taxing power, and to impose unnecessary burdens upon the people. iMany powerful interests are continually at work to procure heavy 274 APPENDIX. duties on commerce, and to swell the revenue bej-ond the real necessities of the public service ; and the country has already felt the injurious effects of their combined influence. They succeeded in obtainini^ a tariff of duties bearing most oppressively on the agricultural and laboring classes of society, and producing a revenue that could not be usefully employed within the range of the powers conferred upon Congress ; and in order to fasten upon the people this unjust and unequal system of taxation, extra- vagant schemes of internal improvement Avere got up, in various quarters, to squander the money and to purchase support. Thus, one unconstitutional measure was in- tended to be upheld by another, and the abuse of the power of taxation was to be maintained by usurping the power of expending the money in internal improvements. You cannot have forgotten the severe and doubtful struggle through whicii we passed, when the executive department of the government, bj'' its veto, endeavored to arrest the prodigal scheme of injustice, and to bring back the legis- lation of Congress to the boundaries prescribed by the Constitution. The good sense and practical judgment of the people, when the subject was brought before them, sustained the course of the Executive, and this plan of unconstitutional expenditure for the purposes of corrupt influence is, I trust, finally overthrown. The result of this decision has been felt in the rapid extinguishment of the public debt, and the large accumu- lation of a surplus in the treasury, notwithstanding the tariff was reduced, and is now far below the amount ori- ginally contemplated by its advocates. But, rely upon it, the design to collect an extravagant revenue, and to burden you with taxes beyond the economical wants of the govern- ment, is not yet abandoned. The various interests which have combined together to impose a heavy tariff, and to produce an overflowing treasury, are too strong, and have too much at stake, to surrender the contest. The corpo- rations and wealthy individuals who are engaged in large manufacturing establihsments, desire a high tariff to in- crease their gains. Designing politicians will support it to conciliate their favor, and to obtain the means of profuse FAREWELL ADDRESS. 275 expenditure, for the purpose of purchasing influence in other quarters ; and since the people have decided that the federal government cannot be permitted to employ its income in internal improvements, efforts will be made to seduce and mislead the citizens of the several states, by holding out to them the deceitful prospect of benefits to be derived from a surplus revenue collected by the general government, and annually divided among the stales. And if, encouraged by these fallacious hopes, the states should disregard the principles of economy which oucht to characterize every republican government, and should indulge in lavish expenditures exceeding their resources, they will, before long, find themselves oppressed with debts which they are unable to pay, and the tempta- tion will become irresistible to support a high tariff, in order to obtain a surplus distribution. Do not allow your- selves, my fellow-citizens, to be misled on this subject. The federal government cannot collect a surplus for such purposes, without violating the principles of the Constitu- tion, and assuming powers which have not been granted. It is, moreover, a system of injustice, and, if persisted in, will inevitably lead to corruption, and must end in ruin. The surplus revenue will be drawn from the pockets of the people — from the farmei%the mechanic, and the laboring classes of society ; but who will receive it when distributed among the slates, where it is to be disposed of by leading state politicians who have friends to favor, and political par- tisans to gratify ? It will certainly not be returned to those who paid it, and who have most need of it, and are ho- nestly entitled to it. There is but one safe rule, and that is, to confine the general government rigidly within the sphere of its appropriate duties. It has no power to raise a revenue, or impose taxes, except for the purposes enu- merated in the Constitution ; and if its income is found to exceed these wants, it should be forthwith reduced, and the burdens of the people so far lightened. In reviewing the conflicts which have taken place be- tween different interests in the United States, and the policy pursued since the adoption of our present form of government, we find nothing that has produced such deep- 276 APPENDIX. seated evil as the course of legislation in relation to the currency. The Constitution of the United Slates unques- tionably intended to secure the people a circulating me- dium of gold and silver. But the establishment of a national bank by Congress, with the privilege of issuing paper money receivable in payment of the public dues, and the unfortunate course of legislation in the several states, upon the same subject, drove from general circula- tion the constitutional currency, and substituted one of paper in its place. . It was not easy for men engaged in the ordinary pur- suits of business, whose attention had not been particularly drawn to the subject, to foresee all the consequences of a currency exclusively of paper; and we ought not, on that account, to be surprised at the facility with which laws were obtained to carry into effect the paper system. Honest, and even enlightened men, are sometimes misled by the specious and plausible statements of the designing. But experience has now proved the mischiefs and dangers of a paper currency, and it rests with you to determine whether the proper remedy shall be applied. The paper system being founded on public confidence, and having of itself no intrinsic value, it is liable to great and sudden fluctuations, thereby rendering property inse- cure, and the wages of labor unsteady and uncertain. The corporations which create the paper money cannot be relied upon to keep the circulating medium uniform in amount. In times of prosperity, when confidence is high, they are tempted by the prospect of gain, or by the in- fluence of those who hope to profit b}^ it, to extend their issues of paper beyond the bounds of discretion and the reasonable demands of business. And when these issues have been pushed on, from day to day, until public con- fidence is at length shaken, then a reaction takes place, and they immediately withdraw the credits they have given; suddenly curtail their issues, and produce an un- expected and ruinous contraction of the circulating medium, which is felt by the whole community. The banks by this means save themselves, and the mischievous conse- quences of their imprudence or cupidity are visited upoa FAREWELL ADDRESS. 277 the public. Nor does the evil stop here. These ebbs and flows of the currency, and these indiscreet extensions of credit, naturally engender a spirit of speculation injurious to the habits and character of the people. We have already seen its effects in the wild spirit of speculation in the public lands, and various kinds of stocks, which, with- in the last year or two, seized upon such a multitude of cur citizens, and threatened to pervade all classes of society, and to withdraw their attention from the sober pursuits of honest industry. It is not by encouraging this spirit that we shall best preserve public virtue, and promote the true interests of our country. But if your currency con- tinues as exclusively paper as it now is, it will foster this eager desire to amass wealth without labor ; it will multi- ply the number of dependents on bank accommodations and bank favors ; the temptation to obtain money at any sacrifice, will become stronger and stronger, and inevita- bly lead to corruption, which will find its way into your public councils, and destroy, at no distant day, the purity of your government. Some of the evils which arise from this system of paper, press with peculiar hardship upon the class of society least able to bear it. A portion of this currency frequently becomes depreciated or worthless, and all of it is easily counterfeited, in such a manner as to re(juire peculiar skill and much experience to distinguish the counterfeit from the genuine notes. These frauds are most generally perpetrated in the smaller notes, which are used in the daily transactions of ordinary business ; and the losses occasioned by them are commonly thrown upon the laboring classes of society, whose situation and pursuits put it out of their power to guard themselves from these impositions, and whose daily wages are necessary for their subsistence. It is the duty of every government, so to regulate its currency as to protect this numerous class, as far as practicable, from the impositions of avarice and fraud. It is more especially the duty of the United States, where the government is emphatically the government of the people, and where this respectable portion of our citizens are so proudly distinguished from the laboring classes of all other nations, 24 278 APPENDIX. by their independent spirit, their love of liberty, their intelligence, and their high tone of moral character. Their industry in peace is the source of our wealth ; their bravery in war has covered us with glory ; and the government of the United States will but ill discharge its duties, if it leaves them a prey to such dishonest impositions. Yet it is evident that their interests cannot be effectually pro- tected, unless silver and gold are restored to circulation. These views, alone, of the paper currency, are suffi- cient to call for immediate reform ; but there is another consideration which should still more strongly press it upon your attention. Recent events h.ave proved that the paper money system of this country may be used as an engine to undermine your free institutions ; and that those who desire to en- gross all power in the hands of a fiiw, and to govern by corruption or force, are aware of its power, and prepared to employ it. Your banks now i'urnish your only circu- lating medium, and money is plenty or scarce, according to the quantity of notes issued by them. While they have capitals not greatly disproportionate to each other, they are competitors in business, and no one of them can exercise dominion over the rest; and although, in the present state of the currency, these banks may and do operate injuriously upon the habits of business, the pe- cuniar}^ concerns, and the moral tone of society ; yet, from their number and dispersed situation, they cannot com- bine for the purposes of political influence ; and whatever may be the dispositions of some of them, their power of mischief must necessarily be confined to a narrow space, and felt only in their immediate neighborhoods. But when the charter for the Bank of the United States was obtained from Congress, it perfected the schemes of the paper system, and gave to its advocates the position they have struggled to obtain from the commencement of the federal government down to the present hour. The immense capital and peculiar privileges bestowed upon it, enabled it to exercise despotic swaj^ over the other banks in every part of the country. From its superior strength, it could seriously injure, if not destroy, the business of FAREWELL ADDRESS. 279 any one of them which might incur its resentment ; and it openly claimed for itself the power of regulating the currency throughout the United States. In other words, it asserted (and undoubtedly possessed) the power to make money plenty or scarce, at its pleasure, at any time, and in any quarter of the Union, by controlling the issues of other banks, and permitting an expansion, or compelling a general contraction, of the circulating medium, according to its own will. The other banking institutions were sensible of its strength, and they soon generally became its obedient instruments, ready at all times to execute its mandates ; and with the banks necessarily went also that numerous class of persons in our commercial cities who depend alto- gether on bank credits for their solvency and means of business, and who are therefore obliged, for their own safety, to propitiate the favor of the money power by dis- tinguished zeal and devotion in its service. The result of "the ill-advised legislation which established this great monopoly, was to concentrate the whole moneyed power of the Union, with its boundless means of corruption, and its numerous dependents, under the direction and com- mand of one acknowledged head ; thus organizing this particular interest as one body, and securing to it unity and concert of action throughout the United States, and enablincr it to bring forward, upon any occasion, its entire and undivided strength to support or defeat any measure of the government. In the hands of this formidable power, thus perfectly organized, was also placed unlimited do- minion over the amount of the circulating medium, giving it the power to regulate the value of property and the fruits of labor in every quarter of the Union ; and to be- stow prosperity, or bring ruin upon any city or section of the country, as might best comptrt with its own interest or policy. We are not left to conjecture how the moneyed power, thus organized, and with such a weapon in its hands, would be likely to use it. The distress and alarm which pervaded and agitated the whole country, when the Bank of the United States waged war upon the people in order to compel them to submit to its demands, cannot yet be 280 APPENDIX. forgotten. The ruthless and unsparing temper with which whole cities and communities were oppressed, individuals impoverished and ruined, and a scene of cheerful pros- perity suddenly changed into one of gloom and despond- ency, ought to be indelibly impressed on the memory of the people of the United States. If such was its power in a time of peace, what would it not have been in a season of war, with an enemy at your doors ? No nation but the freemen of the United States could have come out vic- torious from such a contest ; yet, if you had not conquered, the government would have passed from the hands of the many to the hands of the few ; and this organized money power, from its secret conclave, would have dictated the choice of j'our highest officers, and compelled you to make peace or war, as best suited their own wishes. The forms of your government might for a time have remained, but its living spirit would have departed from it. The distress and sufferings inflicted on the people by the bank are some of the fruits of that system of policy which is continually striving to enlarge the authority of the federal government beyond the limits fixed by the Constitution. The powers enumerated in that instru- ment do not confer on Congress the right to establish such a corporation as the Bank of the United States : and the evil consequences which followed may warn us of the danger of departing from the true rule of construction, and of permitting temporary circumstances, or the hope of better promoting the public welfere, to influence in any degree our decisions upon the extent of the authority of the general government. Let us abide by the Constitu- tion as it is written, or amend it in the constitutional mode, if it is found to be defective. The severe lessons of experience will, I doubt not, be sufficient to prevent Congress from again chartering such a monopoly, even if the Constitution did not present an insuperable objection to it. But you must remember, my fellow-citizens, that eternal vigilance by the people is the price of liberty ; and that you must pay the price if you wish to secure the blessing. It behooves you, therefore, to be watchful in your states, as well as in the federal FAREWELL ADDRESS. 281 government. The power which the moneyed interest can exercise, when concentrated under a single head and with our present system of currency, was sufRciently de- monstrated in the struggle made by the Bank of the United States. Defeated in the general government, the same class of intriguers and politicians will now resort to the states, and endeavor to obtain there the same organiza- tion, which they failed to perpetuate in the Union ; and with specious and deceitful plans of public advantages, and state interests, and state pride, they will endeavor to establish, in the different states, one moneyed institution with overgrown capital, and exclusive privileges, suffi- cient to enable it to control the operations of the other banks. Such an institution will be pregnant with the same evils produced by the Bank of the United States, aUhough its sphere of action is more confined ; and in the state in which it is chartered, the money power will be able to embody its whole strength, and to move together with undivided force, to accomplish any object it may wish to attain. You have already had abundant evidence of its power to inflict injury upon the agricultural, me- chanical, and laboring classes of society ; and over those whose engagements in trade or speculation render them dependent on bank facilities, the dominion of the state monopoly will be absolute, and their obedience unlimited. With such a bank, and a paper currency, the money power would in a few years govern the state and control its measures; and if a sufficient number of states can be induced to create such estabhshments, tlTe time will soon come when it wih again take the field against the United States, and succeed in perfecting and perpetuating its organization by a charter from Congress. , It is one of the serious evils of our present system of banking, that it enables one class of society — and that by no means a numerous one — by its control over the cur- rency, to act injuriously upon the interests of all the others, and to exercise more than its just proportion of influence in political affairs. The agricultural, the mechanical, and the laboring classes, have little or no share in the direction of the great moneyed corporations ; and from their habits 24* 282 APPENDIX. and the nature of their pursuits, they are incapable of forming extensive combinations to act together with united force. Such concert of action may sometimes be produced in a single city, or in a small district of country, by means of personal communications with each other ; but they have no regular or active correspondence with those who are engaged in similar pursuits in distant places ; they have but little patronage to give to the press, and exercise but a small share of influence over it ; they have no crowd of dependents about them, who hope to grow rich without labor, by their countenance and favor, and who are, there- fore, always ready to execute their wishes. The planter, the farmer, the mechanic, and the laborer, all know that their success depends upon their own industry and economy, and that they must not expect to become suddenly rich by the fruits of their toil. Yet these classes of society form the great body of the people of the United States ; they are the bone and sinew of the country ; men who love liberty, and desire nothing but equal rights and equal laws, and who, moreover, hold the great mass of our national wealth, ahhough it is distributed in moderate amounts among the millions of freemen who possess it. But with overwhelming numbers and wealth on their side, they are in constant danger of losing their fair influence in the government, and with difficulty maintain their just rights against the incessant efforts daily made to encroach upon them. The mischief springs from the power which the moneyed interest derives from a paper currency, which they are able to control, from the multitude of corporations with exclusive privileges, which they have succeeded in ob- taining in the different states, and which are employed altogether for their benefit; and unless you become more watchful in your states, and check this spirit of mono- poly and thirst for exclusive privileges, you will, in the end, find that the most important powers of government have been given or bartered away, and the control over your dearest interests have passed into the hands of these corporations. FAREWELL ADDRESS. 283 The paper-money system, and its natural associates, monopoly and exclusive privileges, have already struck their roots deep in the soil ; and it will require all your efforts to check its farther growth, and to eradicate the evil. The men who profit by the abuses, and desire to perpetuate them, will continue to besiege the halls of legis- lation in the general government, as well as in the states, and will seek, by every artifice, to mislead and deceive the public servants. It is to yourselves that you must look for safety and the means of guarding and perpetuat- ing your free institutions. In your hands is rightfully placed the sovereignty of the countr}"-, and to you every one placed in authority is ultimately responsible. It is always in your power to see that the wishes of the people are carried into faithful execution, and their will, when once made known, must sooner or later be obeyed. And while the people remain, as I trust they ever will, uncor- rupted and incorruptible, and continue watchful and jealous of their rights, the government is safe, and the cause of freedom will continue to triumph over all its enemies. But it will require steady and persevering exertions on your part to rid yourselves of the iniquities and mischiefs of the paper system, and to check the spirit of monopoly and other abuses, which have sprung up with it, and of which it is the main support. So many interests are united to resist all reform on this subject, that you must not hope the conflict will be a short one, nor success easy. My humble efforts have not been spared, during my adminis- tration of the government, to restore the constitutional currency of gold and silver ; and something, I trust, has been done towards the accomplishment of this most desir- able object. But enough yet remains to require all your energy and perseverance. The power, however, is in your hands, and the remedy must and will be applied if you determine upon it. While I am thus endeavoring to press upon your at- tention the principles which I deem of vital importance to the domestic concerns of the country, I ought not to pass over without notice the important considerations which 284 APPENDIX. should govern your policy towards foreign powers. It is unquestionably our true interest to cultivate the most friendly understanding with every nation, and to avoid, by every honorable means, the calamities of war; and we shall best attain this object by frankness and sincerity in our foreign intercourse, by the prompt and faithful execu- tion of treaties, and by justice and impartiality in our conduct to all. But no nation, however desirous of peace, can hope to escape colh'sions with other powers ; and the soundest dictates of policy require that we should place ourselves in a condition to assert our rights, if a resort to force should ever become necessary. Our local situation, our long line of sea-coast, indented by numerous bays, with deep rivers opening into the interior, as well as our extended and still increasing commerce, point to the navy as our natural means of defence. It Avill, in the end, be found to be the cheapest and most effectual ; and now is the time, in the season of peace, and with an overflowing revenue, that we can year after year add to its strength, without increasing the burdens of the people. It is your true policy. For your navy will not only protect your rich and flourishing commerce in distant seas, but enable you to reach and annoy the enemy, and will give to defence its greatest efficiency by meeting danger at a distance from home. It is impossible by any line of fortifications to guard every point from attack against a hostile force advancing from the ocean and selecting its object ; but they are indispensable to protect cities from bombard- ment; dock-j'ards and navy arsenals from destruction; to give shelter to merchant vessels in time of war, and to single ships or weaker squadrons when pressed by supe- rior force. Fortifications of this description cannot be too soon completed and armed, and placed in a condition of the most perfect preparation. The abundant means we now possess cannot be applied in any manner more useful to the country ; and when this is done, and our naval force sufficiently strengthened, and our militia armed, we need not fear that any nation will wantonly insult us, or needlessly provoke hostilities. We shall more certain- FAREWELL ADDRESS. 285 ly preserve peace, when it is well understood that we are prepared for war. In presenting to you, my fellow-citizens, these parting counsels, I have brought before you the leading prin- ciples upon which I endeavored to administer the govern- ment in the high office with which you twice honored me. Knowing that the path of freedom is continually beset by enemies, who often assume the disguise of friends, I have devoted the last hours of my public life to warn you of the dangers. The progress of the United States, under our free and happy institutions, has sur- passed the most sanguine hopes of the founders of the Republic. Our growth has been rapid beyond all former example, in numbers, in wealth, in knowledge, and all the useful arts which contribute to the comforts and con- venience of man ; and from the earliest ages of history to the present day, there never have been thirteen millions of people associated together in one political body, who enjoyed so much freedom and happiness as the people of these United States. You have no longer any cause to fear danger from abroad ; your strength and power are well known throughout the civilized world, as well as the high and gallant bearing of your sons. It is from within, among yourselves, from cupidity, from corruption, from disappointed ambition, and inordinate thirst for power, that factions will be formed and hberty endangered. It is against such designs, whatever disguise the actors may assume, that j^ou have especially to guard yourselves. You have the highest of human trusts committed to your care. Providence has showered on this favored land blessings without number, and has chosen you as the guardians of freedom, to preserve it for the benefit of the human race. May He, who holds in his hands the des- tinies of nations, make you worthy of the favors he has bestowed, and enable you, with pure hearts, and pure hands, and sleepless vigilance, to guard and defend to the end of time the great charge he has committed to your keeping. My own race is nearly run ; advanced age and failing 286 APPENDIX. health warn me that before long I must pass beyond the reach of human events, and cease to feel the vicissitudes of human affairs. I thank God that my life has been spent in a land of liberty, and that he has given me a heart to love my country with the affection of a son. And filled with gratitude for your constant and unwavering kindness, I bid you a last and affectionate farewell. LETTER TO COMMODORE ELLIOTT. 287 Note E. General Jackson's Letter to Commodore Elliott, declining a Sarco- phagus. Her mi/ age, March 27, 1845. Dear Sir: Your letter of the 18th instant, together with a copy of the proceedings of the National Institute, furnished me by their corresponding^ secretary, on the presentation, by you, of the Sarcophagus for their accept- ance, on condition it shall be preserved, and in honor of my memory, have been received, and are now before me. Although laboring under great debility and affliction, from a severe attack from which I may not recover, I raise my pen and endeavor to reply. The steadiness of my nerves may perhaps lead you to conclude my prostration of strength is not so great as here expressed. Strange as it may appear, my nerves are as steady as they were forty years gone by ; whilst, from debility and affliction, I am gasping for breath. I have read the whole proceedings of the presentation, by you, of the Sarcophagus, and the resolutions passed by the Board of Directors, so honorable to my fame, with sensations and feelings more easily to be conjectured, than by me expressed. The whole proceedings call for my most grateful thanks, which are hereby tendered to you, and through you to the President and Directors of the National Institute. But with the warmest sensations that can inspire a grateful heart, I must decline accepting the honor intended to be bestowed. I cannot consent that my mortal body shall be laid in a repository prepared for an emperor or a king. My republican feelings and principles forbid it ; the simplicity of our system of government for- bids it. Every monument erected to perpetuate the me- mory of our heroes and statesmen ought to bear evidence of the economy and simplicity of our republican institu- tions, and the plainness of our republican citizens, who / 288 APPENDIX. are the sovereigns of our glorious Union, and whose virtue is to perpetuate it. True virtue cannot exist where pomp and parade are the governing passions : it can only dwell with the people — the great laboring and producing classes that form the bone and sinew of our confederacy. For these reasons I cannot accept the honor you and the President and Directors of the National Institute in- tended to bestow. I cannot permit my remains to be the first in these United States to be deposited in a sarco- phagus made for an emperor or king. I again repeat, please accept for yourself, and convey to the President and Directors of the National Institute, my most profound respects for the honor you and they intend to bestow. I have prepared an humble depository for my mortal body beside that wherein lies my beloved wife, where, without any pomp or parade, I have requested, when my God calls me to sleep with my fathers, to be laid ; for both of us there to remain until the last trumpet sounds to call the dead to judgment, when we, I hope, shall rise to- gether, clothed with that heavenly body promised to all who believe in our glorious Redeemer, who died for us that we might live, and by whose atonement I hope for a blessed immortality. , 1 am, with great respect, your friend and fellow-citiiien, Andrew Jackson. To Commodore J. D. Elliott, United States Navy. THBEND.