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QUESTIONS OF THE HOUR—— CIVIL SERVICE REFORM, POLYGAMY, PROHIBITION, SURPLUS REVENUE, THRIFF 2E FREE TRHDE; ARGUMENTS FOR AND AGAINST, REVIEW OF TARIFF ACTS. .,,..»/""“’*~’ BY JAMES P'.’ EOYD, A.M., AUTHOR OF “ MILITARY AND CIVIL LIFE OF GENERAL U. 5. GRANT,” - wommxs or THE HEAVENS, EARTH AND ocEAN," “ TEAcIIER’s BIBLE DICTIONARY,” “ HISTORY OF DENoMINATIoNs,” ETC. ELABORATELY ILLUSTRATED. P. W. ZIEGLER & CO., PHILADELPHIA, PA. ; CHICAGO, 111.. 1888. J A M E s P , B O Y D EXCHANGE CLUB-AND PUBLIC LlBRAR! r JUN ta v’ /" PREFACE. N this book the author seeks to present correct and desirable information respecting the political origin, growth and management of our government. Or- dinarily this kind of information is beyond popular reach, or if accessible, it too often comes tinged with partisan color. As no branch of knowledge is more useful than that which appertains to our I political institutions, so none should shine in a " clearer light, or be more freely at the disposal of our people. The author is fully aware of the difi‘iculty of compressing all that ought to be known of the political side of our country into a single volume. Yet with proper arrangement and succinct statement I? he is hopeful of making a book which will prove both entertaining and useful to the general reader, as well as profitable to those who '. incline to a closer study of political affairs. ' His plan is to first set the reader to thinking about the nature of the Republic, and his duty as a citizen under it. He is then invited to a brief study of those little colonial pictures which once dotted the Atlantic coast and formed the starting points of our national ex- istence. With a fair conception of them he will have a key to un- lock many subsequent political mysteries. Especially will he know when and why the drift set in toward the great American Republic, and the manner of men into whose hands its destinies were to fall. Following the chain of events link by link, he will be gradually led forward toward Colonial Independence, the first appearance of Federal government under the Articles of Confederation, and then to the complete government under the present Constitution. To have a clear conception of our political existence up to this interesting period is certainly a satisfactory and essential part of an every-day education. (3) 4 PREFACE. Passing into our Constitutional existence, the reader will then be asked to glance at the measures 'by which we acquired our immense territory, subdivided it into States, and finally made those States com- ponent parts of the Union. Turning to the Federal Machinery, or Method of Government, he will learn how Presidents are chosen, how Congresses, Cabinets, Courts and Departments are formed—what they are all for and what they all do. With an understanding of this vast and intricate system, he will be prepared to take the next step in the author’s plan. It would not be fair to the average reader to say that he is less in- terested in our earlier than our later political history; yet, true it is that many prefer to date their political knowledge no further back than the first Administration of Washington, and to confine it to those events which constitute practical politics and largely reflect the senti- rnents and embrace the measures of the respective political parties. In order to gratify the fullest wish in this respect the author presents an impartial outline of all the Administrations, of the political policy which shaped and dominated each, of the political measures framed ' by all the Congresses, and of the origin, principles and conduct of all the National political parties. He has given in this connection the facts just as found in the best records, official and otherwise, and with no other motive than to preserve the historic verities. From the amount of labor and care bestowed on this branch of our political history it is the author’s hope that it will be found refreshing to those who have lived through portions of it, a source of grateful instruction to our younger people, and a reliable fountain whence debaters, public speakers and legislators can readily draw .when they wish to prime themselves for special occasions. I ' To complete the plan of the book, a view is taken of the political questions which constitute the issues of the day. They are under dis- cussion now, and will be for some time. Knowledge of them is de- sirable and proper, and what is found under each subject is simply an impersonal and non-partisan presentation of the facts with a view to making history rather than influencing sentiment. The effort, throughout, has been to preserve a crisp and cheerful style so as to convey pleasure as well as instruction. If such a history seems in anywise to create a higher respect for our political institutions, or a broader and better citizenship, the author’s wish in preparing it will not have been a vain one. CONTENTS. POPULAR SOVEPEIGNTY AND CITIZENSHIP. The forms of government—Nature of Democracy—What is a Republic ?—-A Commonwealth-Popular government—Sovereignty—Origin of sovereignty —-What is required of the citizen—What the State asks-—How to qualify for citizenship—The school of the campaign—The school of historic and politi- cal reading—The true qualification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-23 BIRTH AND GROWTH OF THE COLONIES—MARCH TOWARD INDEPENDENCE—ACQUIRING THE PUBLIC DOMAIN. First owners of our soil—European titles—Are our titles good P—First English patent—England wins a continent—French and Spanish claims—National rivalries—Raleigh’s Huguenot scheme—First Colonial charter—English foot- hold at Jamestown—The settlers and their government—Tobacco, cotton and slaves—Maryland and Lord Baltimore—Plymouth Council—First Puritan, or Pilgrim, advent—Second Puritan advent—Massachusetts on the map- ' Birth of Rhode Island—Connecticut takes shape—A united New England—- Freaks of Charles II. in the Coloniesé—Great Colonial progress—Dawn of North Carolina—South Carolina and Locke’s famous Constitution—The *1 Dutch realm—The Swede holds the Delaware—New Jersey rises ‘amid Dutch ruins—The Quaker and Pennsylvania—Last of the Dutch realm and dawn of New York—Independent Delaware—Georgia and Oglethorpe’s asylum—English revolution of I688, and results to the Colonies—Outlines of the old thirteen States—French Empire west of the Allegheuies—Eng- land gets to the Mississippi—Her bad financial fix—Drift toward American Independence—Taxation and a Colonial Congress—The first American party—Tea act and another Congress—Congress and Colonial Union—- Declaration of Independence—The Congress and government of the revolu- tion—Union of the Confederation—State cessions of public domain and further building—The Louisiana purchase—Spain cedes Florida—The Oregon treaty—Texas annexation—Mexican cession—Gadsden purchase- Alaskan purchase—Grand Territorial summary . . . . . . . . . . . . . . . . . . . . . . 2 5-1 12 (5) 6 CONTENTS. FROM COLONY TO STATE—THE UNITED STATES UNDER THE ARTICLES AND THE CONSTITUTION. From Colony to State—Govemment of the revolution—Articles of the Confed- eration—Their merits and defects—Origin of the great seal of the Union— History of the National Flag—Dawn of the Constitution—History of its framing and adoption-—The new government started—Sentiment of the fathers—The old thirteen States—Adjusting the National Territory—Intro- duction of new States—Reasons why they came—Order of admission—Ter- ritorial history of each—Tearing down and rebuilding—Organization of the Territories—Completion of the political structure . . . . . . . . . . . . . . . . . . . . . I 13-150 THE FOUR GREAT PAPERS, EMBRACING CARDINAL PRINCI- PLES OF THE REPUBLIC. Declaration of Independence—Full text of the document—Fac-simile auto- graphs of all the signers. Articles of Confederation—Full text of the Articles—Resolution of the Con- tinental Congress respecting them. Constitution of the United States—Full text of the instrument—All the amendments—Dates when proposed and adopted—Resolution of the conven- tion—Washington’s address to the Congress. Washington’s Farewell Address—Full text of the immortal production— Eloquent dying exhortations to the people . . . . . . . . . . . . . . . . . . . . . . . . . . 151-185 OUR PLAN OF GOVERNMENT—THE GREAT BRANCHES AND DEPARTMENTS—DESCRIPTION OF ENTIRE GOVERNMENT MACHINERY. The three great branches of government—Legislative Branch—Congress, its divisions, and how formed—The Senate, its nature, powers and duties—- Election of Senators—Senate machinery—House of Representatives—Elee- tion of members of Congress—Their number, and manner of apportionment— Organization of the House—Territorial Delegates—House machinery—The way laws are made—Congressional library—Public Printing-offices. . . ..!87—200 Executive Department—President-making—Presidential electors—The Elec- toral College—Choosing of electors—President’s duties and powers—His Cabinet—How chosen, with a history of its growth—The Vice-President, his powers and duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 201-207 Department of State—Its history, nature and duties —Machinery of the Department—The Diplomatic Service—Ministers Plenipotentiary—Ministers Resident—Charge d’AFFaires and Secretaries of Legation—Consular Service —All the Secretaries of State, with date of their appointment. . . . . . .. .208—212 Treasury Department—Creative acts—Secretary of Treasury, his powers and duties—Machinery of the Department—All the Divisions and Bureaus— Officers of each and their duties—The Customs Service—Internal Revenue Service—National Banks, their history, how founded and erected—Their circulation and uses—-National debt and bonds—History of the various debts, CONTENTS. 7 and of our present funding system—The National credit—Losses of the Treasury Department under the respective Administrations—All the Secre- taries of the Treasury, with the dates of their appointment . . . . . . . . . . . . .213-227 The War Department—History of the Department—Powers and duties of the Secretary—Machinery of the Department, its sub-departments, Bureaus and Divisions —Signal-office and Weather Bureau—All the Secretaries of War, with dates of their appointment—The United States Army, its organization, size and discipline—Military Academy, its studies, ofiicers and students. .228-236 The Navy Department—History of its organization—Powers and duties of the Secretary of Navy—The Bureaus and sub-divisions of the Department-— The Naval Academy, its studies, olficers and students—United States Navy, organization and discipline—Marine Corps—All the Secretaries of Navy, with dates of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .237—241 Interior Department—History of its organization—Powers and duties of the Secretary of Interior—The Land Office and public land system—Pension Office, with history of pension system—Indian Affairs, and our dealings with the natives—The Patent Ofiice-—Census Office, with method of taking censuses —Bureau of Education—All the Secretaries of the Interior, with dates of their appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .242—2 5 I Post-ofiice Department—History of its organization, and of the various postal systems—Powers and duties of Postmaster-General—Machinery of the Department—Modern features of our postal system—All the Postmasters- General, with dates of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2 52-254 Department of Justice—History of the Department—Powers and duties of the Attorneys-General—All the Attorneys-General, with dates of appoint- ment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 255 Department of Agriculture—Creative act—Powers and duties of Commis~ sioner of Agriculture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 56 Judicial Department--The third co-ordinate branch of government; itsim- portance in the political system—Uses and powers of the Judiciary—Its machinery and methods of working—The Supreme Court of the United States—How oflicered and worked—All the Judges, with dates of appoint- ment and terms of service—The Circuit Courts—Their ofi‘icers and the Circuit Districts—The District Courts, their organization, powers and duties —-National Court of Claims—District Attorneys, Marshals and Juries— Admiralty and Maritime Courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .257—266 Government of the Territories—How Federal power passes into them- Government of the District of Columbia . . . . . . . . . . . . . . . . . . . . . . . . . . . .267-270 EARLY’POLITICS—PRESIDENTS AND ADMINISTRATIONS— CONGRESSES AND POLITICAL MEASURES—RISE AND FALL OF PARTIES. Parties in general—Uses of Parties—First Parties—Parties of the Revolution—- Of the Confederation—Of the Constitution—Parties of the new government —-Federal and Anti-Federal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .271-276 Washington’s First Administration—The vote, the Cabinet, and the Con- gresses-—The Constitutional Amendments—Commerce and the Tariff—- 3 ' CONTENTS. Hamilton’s policy—The First National Bank—The Whisky Rebellion- Political conditions—Second Presidential election-r—Rise of the Republican party’ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .277-285 Second Administration—The vote, Cabinet and Congresses-Policy of the new Administration—Trouble with France—A ntagonism of England—The first foreign policy—Fierce party contests in Congress—Eleventh Amendment to the Constitution—Amended Tariff Act—Republican attack on the Adminis- tration—Conflict between the House and President over Jay’s treaty—Wash- ington’s farewell address—Election of I796 . . . . . . . . . . . . . . . . . . . . . . . . 286-295 Adams’ Administration—The vote, Cabinet and Congresses—Policy of the Administration—Armed neutrality—Envoys to France—Alien and Sedition laws—Naturalization law—Federal and Republican policies-—-Kentucky and Virginia Resolutions of 1798 and I799—Election of 1800—First political platform-—Disputed election—Transfer of the Capitol to Washington.. . .296-305 Jefi'erson’s Administrations—Votes, Cabinets and Congresses—The great political revolution—Nature of the new power—Removals from office—Pur- chase of Louisiana—First articles of impeachment—Election of 1804—The political situation—Burr’s trial—Internal improvements—Party measures—- Embargo act—Election of 1808—Character of the campaign . . . . . . . . . . . 306-319 Madison’s Administrations—Votes, Cabinets, and the Congresses-—The Political Situation—Failure to re-charter a National Bank—Declaration of War—Tariff of ISM—Election of I812—The Clinton platform—Attitude of States and Parties—The war and the treaty of Ghent—Political results—— Hartford Convention—Death of the Federal party—A new National Bank ~~Election of 1816 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .320-331 Monroe's Administrations—The votes, the Cabinets, the Congresses—The inaugural—Era of good feeling—Policy of the President-Jackson’s invasion of F lorida—Purchase of Florida—Beginning of the slavery agitation—Mis- souri Compromise—Election of I820—The Monroe Doctrine—Clay’s “Amer- ican 'System ”—~Financial distress—Tariff of 1824——Disputed election of 1824--Disruption of the Republican party . . . . . . . . . . . . . . . . . . . . . . . . . .332-345' John Q. Adams’ Administration—The vote, Cabinet and Congresses—The National Republican (Whig) party—Democratic party—First Convention of Protectionists—Restatement of the “ Monroe doctrine ”--Tariff act of 1828 —-Election of 1828 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .346-350 Jackson's Administrations—The Votes, Cabinets and Congresses—jackson’s policy—Victor and spoils—Anti~Masonic party—The pocket veto—Webster’: and Hayne’s debate—Tariff of 1832-33—Election of 1832—Party platforms —-Nullification—Death of the National Bank—Surplus revenue—Panic of 1837 —- First nominating conventions — Election of 18 36 -- Anti-slavery party . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 I-372 Van Buren’s Administration—Vote, Cabinet and Congresses—The Presi- dent's policy—Independent Treasury act—Slavery agitation—Election of 1840 and Whig success—Party platforms . . . . . . . . . . . . . . . . . . . . . . . . . . . . 373—379 Harrison's and Tyler’s Administration—Vote, Cabinet and Congresses-— Harrison’s death—Tyler deserts the Whigs—Clay’s retirement—Tariff of 1842-—Texas and the Slavery question—Election of 1844—54° 40’ or fight --Theplatforms and CONTENTS. 9 Polk’s Administration—Vote, Cabinet and Congresses—T he message—-Mexi- can War—First appearance of the American party—Wilmot Proviso—Oregon Boundary—Tariff of 1846—Treaty of Guadaloupe- Hidalgo— Calhoun threatens secession—The Oregon bill—Election of 1848—Platt'orms and nominees—Free Soil Democrats . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .389—398 Taylor’s Administration—~Vote, Cabinet and Congresses—Calhoun’s new doctrine-l—Compromise of 1850—Taylor’s death—The political situation-— Popular sovereignty—Election of I852—-The parties and platforms—Nebraska bill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 399-407 Pierce’s Administration—Vote, Cabinet and Congresses—Political situation —-Kansas and Nebraska bill—Native American Party—Line of 36° 30’ Kansas trouble—Election of 1856—Rise of the Republican party—Tarifi' of 1857—Panic of 1857 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..4o8-420 Buchanan's Administration—Vote, Cabinet and Congresses—Political situa- tion—Dred Scott Decision—squatter sovereignty and slavery—John Brown raid—The Lecompton Constitution—Covode inquiry—Election of 1860— Conventions and platforms—Division in the Democratic party—-EFforts at Compromise—The secession movement . . . . . . . . . . . . . . . . . . . . . . . . . . . . .421-434 Lincoln’s Administrations—Political situation—Secession and VVar—War legislation in the Congresses—Tariff of 1861—The attitude of parties—The Greenback system—Abolition of Slavery—Election of I864—Parties and platforms—Peace and Assassination—Reconstruction under Johnson—Oppo- sition to his party and impeachment—Election of 1868—Parties and plat- forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..435-46I Grant’s Administrations—Vote, Cabinet and Congresses—Difficult recon- _ struction—The political situation—Legal tenders—Election of I87 2——Liberal Republicanparty—Conventions and platforms—Tariff of 1874— Resumption act—Dawn of civil service reform—Civil rights bill—Election of 1876-— The parties and their platforms—The disputed result . . . . . . . . . . . . . . . . . .462-48 5 Hayes’ Administration—Political Situation—Silver‘coinage—Civil service reform—Chinese bill—Election of I880—Parties and Platforms . . . . . . . .486—496 Garfield’s and Arthur’s Administration—Vote, Cabinet and Congresses- Garfield’s assassination—Arthur’s Cabinet—Tariff of 1883—New postal law —Reduction of internal revenue—Civil service reform bill—The civil service commission—Message to 48th Congress—Measures of 48th Congress—“ Hor- izontal reduction ” of taritI—The Blair educational bill—Party conventions —Party candidates—Platforms of all parties—The campaign—Election of I884—The political revolution—Retiracy of President Arthur.. . . . . ..497—5 I 3 Cleveland's Administration—The electoral count—Popular vote—Officers of the Cabinet—President’s inaugural—The political situatiom—Death of Vice-President Hendricks—First session of 49th Congress—é'l‘he President’s Message—The protection element in the Democratic party—Strength of parties in the Congress—Election of Mr. Carlisle as Speaker—Controversy between the President and Senate—The Morrison tarifi' bill—End of the session—49th Congress, 2d session—The President’s message—The political ‘outlook—A short and confused session—Revenue reduction—Enmity toward the tariff—The anti-polygamy bill—Inter-state commerce—Trade Dollars— r 10 CONTENTS. Pensions to Mexican soldiers—End of the Congress—50th Congress, Ist session—The President’s short and special message—Its free trade views— The Treasury surplus—Joy of the President’s friends—Criticism of the Pro- tectionists—A square issue—The amended Cabinet—The Fishery Question— The amount of Treasury surplus—The political outlook . . . . . . . . . . . . . . . 514-528 PRESENT POLITICAL QUESTIONS. " Civil Service Reform—Its nature—History abroad—History at home—First attempts at reform—Second attempts at reform—The Pendleton law—Civil Service Commission and its work—Arguments for and against Civil Service. I a-zla Polygamy—History of Mormonism—Mormon condition—Mormon creed- Polygamy proper—Congressional legislation—Sentiment for and against. 25a-4Ia Prohibition—What it is—Historic growth-rLocal option—Direct Law—Pro- hibition party—For and against—Several phases . . . . . . . . . . . . . . . . . . . . .42a-57a Surplus Revenue—History of, abroad—History of, at home—The present question—Arguments for and against . . . . . . . . . . . . . . . . . . - . . . . . . . . . . . ..58a—7Ia Protection and Free Trade—Nature of the subject—Labor and capital— Free Trade-—Protection—Taxation—TariflF—The English policy—British Colonial policy—The American Thought—Free Trade era—Nature of the new powers—Tariff and Free Trade legislation—For and against—The protective era—Cleveland’s message to 50th Congress—Its Free Trade tenor— '' Attitude of Free Trade Democrats—Views of Protection Democrats—Opposi- ' tion of Protectionists—Sentiment of English newspapers—Review of the controversy of 1888—Shaping of party lines—Modern logic of Protection-— Statistics of growth for twenty-five years—The policy of protecting labor—Free raw materials—Where manufacture begins and ends—Monopoly and privi- loged classes—All the arguments pro and con. . . . . . . . . . . . . . . . . . . . . .72a—112a _ _ _ _ _ F... _ a. I a _ _ ~ _ N w _ M. __- POPULAR _ SOVEREIGNTY AND CITIZENSHIP. N a democracy, where the right of making laws resides in the people at large, publicvvirtue, or goodness of in- tention, is more likely to be found than either of the other qualities of government. Popular assemblies are frequently foolish in their contrivance and weak in their execution, but generally mean to do the thing that is right and just and have always a degree of patriotism and public spirit. . . . . Democracies are usually the best calculated to direct the end of law; aristocracies to invent the means by which that end shall i be obtained; and m'onarchies to carry these means into execu- tion—Blackstone, Vol. i., p. 49. This division of government into three forms is almost as old as the oldest writings on politics and law. ‘It is only a general division, for there are other kinds of government besides these, but all kinds were, and are, regarded as reducible to one or the other of these heads. Though it is not Blackstone’s division, yet what he says of the merits of each kind of government is pretty generally accepted as true,and is taught in law and political schools. While his comparative view is brief, apt and suggestive, it is nevertheless the view of one who drew on his then historic past for the ma- terial out of which to weave opinions. In that past were many (11) 12 ‘ POLITICAL HISTORY OF democratic experiments, some of them pure democracies, others modified democracies called republics, whose rapid rise, bright meteoric career and swift decline, warranted his view.* He did not teach that there was anything solid and enduring about a democracy. Had he written but 'yesterday he would have Written amid greater light and perhaps not so much in sympathy with the notion which is so largely abroad in mon- archies and aristocracies that our grand American experiment is but a “ Great Republican Bubble.” You hear the words “democracy” and “republic” used in- discriminately. Perhaps you so use them yourself. If so, your ideas may be clear respecting them, but such use is liable to lead to confusion in the minds of others, unless their full meaning be understood. DEMOCRA Cl/P-The democracy to which Blackstone refers is doubtless a pure democracy; that is, the democracy in which the demos, or people, met in periodic assembly, talked over their public affairs, passed their laws and elected their rulers, very much as We meet at our annual, or other, elections to record our wishes, except that their assembly was a deliberative body like our legis- latures or congress, as well as a voting-body. A better idea of it may be gotten by supposing that all the * The popular assembly of Athens could not consist of less than 6,000 citizens. The general assembly of Sparta was attended by all the freemen of Laconia. The republic of Venice, and the short-lived republics of Genoa and Pisa, were only repub,‘ lies in name. The people ultimately lost their power to ambitious doges and coun- cils. The truest democracy was that of the ancient German tribes, where affairs of government were discussed and settled at their festal gatherings. That these were “ foolish in their'contrivance and weak in their execution,” may be accepted. as true, for all hands were encouraged to get gloriously drunk on the principle that they would then let out the true secrets of their mind. 1- Boynton in his “ Four Great Powers ” says: “ It (the rebellion) has proved that a popular government is not necessarily a weak one, and that a free unwarlike people, unused to the restraints of thorough organization and discipline, can yet as- sume almost at once the highest forms of national life, can reshape, without con- fusion, their whole industrial energy to meet the demands of sudden war, can bring ' forth, organize and hold in hand all their resources, and with all the skill and science of the age, can wield a thoroughly compacted national strength, greater in propor- tion _to population than has been exhibited by any other power on earth.” THE UNITED STATES. 13 voters of a state* should say to themselves, “We will not go to the trouble and expense of voting for members to represent us in the legislature, but we will all go to the capitol, or place of assemblage, and in popular meeting pass the laws ourselves.” This would be the true and original general assembly of the demos, or people, and such a government would be. a pure democracy. It is quite plain'that such a form of government would be fitted for only a very primitive people and a very small state. ' There is no such thing as a democracy in this sense now. It would be too heavy and too unwieldy a piece of machinery. to work, or if it went at all, it would be very noisy and- uncertain in its motion. The democracy which is meant by an every-day use of the word, or by the word when left unexplained, is democracy in its secondary or modified sense; that is, democracy in a repre- sentative form. we do not all go to the general assembly to make laws, but we go to the polls and vote for some one to go in our stead, to represent us there, as the saying is. We still preserve the name “general assembly”—though largely substituted by the word “legislature”—-to designate the place of meeting, not of the people at large, or of such of them as are called voters, but of the people through and by means of their chosen representatives. We are not in the general assembly directly, but we are there indirectly. We do not speak there with our own mouths but through our chosen mouth-pieces. We do not vote directly for our laws, but our representatives, who ‘are supposed to know our wishes and who are responsible to us, vote for us. This is a *Or rather all the people of a state, for the Declaration of Independence says “ governments derive their just powers from the consent of the governed ;” and the preamble to the Constitution reads, “ \Ve the people do ordain and establish, etc. ; ” upon which Judge Sharswood remarks, “that in the freest nations—even in the republics which compose the United States—-tlie consent of the entire people has never been expressly obtained. The people comprehend all the men, women and children of every class and age. A certain number of men have assumed to act in the name of all the community. The qualification of electors or voters was in general settled by the colonial charters, as well as the principle that the acts of a majority of such electors were binding on the whole.” 14 POLITICAL HISTORY OF much cheaper and handier kind of democracy than that first spoken of. It is the kind which must be understood when the term “ democracy ” is used without explanation, or in connection with our form of government. This government then is not a pure democracy, but a modified, or representative democracy; nevertheless it is a democracy. REPUBLIC—And as a democracy, it is equally a republic, for ‘_‘ republic” is very well defined as a form of government in which the sovereign, or law-making, power is exercised by means of representatives chosen by the people. The two terms, “ democracy” and “ republic,” here come together in their mean- ing, and one may be used for the other without fear of con- fusion. - COMMON WEAL TH—You find in your reading other terms used to convey the same idea as “democracy” or “republic.” The word “ commonwealth” is one of them. And a very good Word it is, too. Commonwealth is the common weal, health or happiness. It was not the democracy or republic of Cromwell,* but the commonwealth of Cromwell, though strictly it was all three, using democracy in its secondary sense as above explained. And this word “ commonwealth” is much used by the respec- tive States of our Union, as the “Commonwealth of Pennsyl- Vania,” “ Commonwealth of Virginia,” etc. Indeed, so popular and well fixed has this usage of the word become that it may be said to distinguish the smaller or fractional republic, otherwise called a State, from the Federal Republic, otherwise called the United States. POPULAR GO VERNMENT—The phrase “popular gov- ernment,” or “ popular form of government,” is common among speakers and writers when they refer to a democracy or republic. It is a pleasing phrase and hath much meaning. Every govern.- ment which is endured, liked and sustained is in one sense “popular.” In another sense every government which is par- , * The word “ commonwealth ” has got a meaning in English history as the form of government established on the death of Charles I., in 1649, and which existed under Cromwell and his son Richard, ending with the abdication of the latter in 1659. THE UNITED STATES.’ 15 tially representative, as a limited monarchy, is popular. But see the different shades of meaning embraced in the word “ popular." In the first sense a despotism may be a popular form of govern- ment, in that the people may like it, but in the sense that they participate in it, help to carry it on, it is most decidedly unpopular. In the expression “popular government” the word “popu- lar ” has, therefore, its true and original meaning, “ of or belong- ing to the people.” Perhaps the-expression was never so happily paraphrased as when Mr. Lincoln, referring to our “ popular form of government ” in his oration at Gettysburg, called it “ a government of the people, by the people, and for the people.” Popular is what is of and belongs to the popular, the people. The popular voice is the people’s voice. The popular vote is the people’s vote. Popular elections are the people’s elections. Popular institutions are the people’s institutions. A popular government is ‘the people’s government. And so, by contrast with those forms of government in which the people have no voice at all, and even in contrast with those forms in which they have a partial voice, the phrase “ popular government,” or “ pop- ular form of government,” gets a meaning which always points out clearly a democracy, a republic, or a commonwealth. Our government is a popular form of government, or a popular government. We happily know more about this kind of a government than Mr. Blackstone did. Our national experiment, so wisely started by our fathers, so adequate to every strain, has proved that a popular form of government, one in which the sovereignty is vested in the people, one in which the people are the rulers, is not necessarily weak or perishable, nor illy fitted to secure to the governed the ends for which it was established. Every one who has chosen to make himself acquainted with its history, and who has not? has seen such a government grow in size, strength and importance, in spite of the fierce obstacles of wars without and wars within. He has seen it acquire, populate, cement and give law and order to vast regions it did not own at the start. He has seen it rise from small and not very harmonious beginnings 16 POLITICAL HISTORY OF till it has assumed the highest form of national life and con- quered one of the first seats in the great political system which embraces all the civilized nations of the earth. SOVEREIGNTY—Amid this splendid growth, these evi- dences of inherent strength, these promises of durability, who does not feel new pride in'our first and greatest axiom, “The sovereignty is in us, the people.” Would that this pride were, strong enough to impress every citizen with the need of special qualification for his high office, for his is an office—that of sovereign—and one with broader meaning and deeper function than that of the governor or president he helps to create. In no country of the world does the word “ sovereignty,” as attached to the individual, have so much significance as in the United States. It is not merely a claim or a boast, but it is an ‘inherent power which he may exercise on all proper occasions and in accordance with his own free will, and which he ought‘ to exercise if he expects to be content with the laws and those. who execute them. Knowledge of this supreme endowment ought to inspire every citizen with higher notions of manhood, ought to ‘ deepen his interest in the affairs of society and the State, ought to make him feel that there is no education so important as that which will teach him how best to turn the power he wields to the account of himself and those about him. True, he is but one sovereign among many, and he may feel that his voice is weak, his identity lost; but let an attempt be made to rob him of his endowment, and he will feel as if the loss were a mighty one indeed, one which could not well be borne. He would fight against its loss, as if it were the dearest thing on earth to him. The true majesty and moving effect of individual sovereignty are visible when it is united with that of other individuals all along any line of political action. One soldier does not make an army, nor one man a nation, but many soldiers and many men. 50 sovereignty gets to be an imposing and effective force, gets to be sovereignty indeed, when it is a thing resident in, or bubbling forth from, a set of men, a society, a people, a nation. In the individual it was a still small voice, in the nation it is THE UNITED STATES; 17 Jove’s chariot thundering in the heavens and shaking the earth.* Then, indeed, it means law, presidents and .governors, constitu- tions, states, empires, and in an hour of great public grievance,' or of incendiary partisan rage, it may mean the defiance of law, the overthrow of officials, the smashing of constitutions, the upheaval of states, the crashing of empires. It is a power for evil as well as good, a source of danger as well as safety. WHENCE SO VEREIGNTY SPRANG—In the after part of this volume there will be many opportunities of learning how the notions of popular liberty and the doctrines of popular sovereignty’ which are now a part of our national life were planted in our soil and cultivated among our colonial fathers. But the lesson of their importance to us cannot be fully learned, nor can their bear- ing upon the rest of the world be completely realized till we con- sider how many and what desperate battles they had to fight in the old world before they commanded any degree of respect. It was not the part of any feudal government to recognize sover- eignty as in the people. Yet there never'was a time when the people did not feel that all sovereignty was in them. Conse- quently all political history is marked here and there by volcanic eruptions of popular will, by upheavals of the masses in, too often, vain attempts to assert the power to rule themselves, which they felt was God-given and inherent. The democracies that tossed and writhed and tormented and spent themselves in very excess of agony, were simply the boiling up through hard feudal surfaces 7 of that spirit which We now proudly claim and exercise as free- men. The republics which gave a mouth to every Grecian, bred in every Roman a sense of dignity, imparted a feeling of man-. hood to every Venetian, taught England that the “divinity which‘ hedges a king” was no more divine than that which * Some writers prefer not to speak of sovereignty as in the ‘individuals They only recognize sovereignty as something residing in and coming out of an aggregate of individuals, a nation. Thus Brownson; “Sovereignty, under God, inheres in the organic people, or the people as a republic.” It is only a question of when to begin to call it sovereignty. As a source of pride to the individual citizen he might as.well be made to feel that his exercise of the elective franchise 'is an evidence of the sovereignty that is within him, as not. The water of each of an hundred springs that make up the river is in the river, whatever you may say. 2 18 POLITICAL HISTORY OF hedges a mere citizen, were all so many protests‘on the part of _ the people against the doctrine of potentates that power does not “rise from the masses, but comes down to them through masters. Rulers were always smarter than the uneducated, noisy, inco- herent, careless masses. Hence democracies and republics were short lived. A shrewd or unscrupulous ruler was more than a match for brawling assembly, or a jealous and discordant set of electors. The Doges of Venice literally ran away with the power entrusted to them by the people, and royal diplomacy manoeuvred England out of Cromwellian republicanism in ten years time. In all these battles for sovereignty the masses were at a decided disadvantage.‘ They were, in general, not educated. If religious, their religion did not admit the freedom of con- science. If freemen, the modern doctrine of personal and civil liberty was not understood by them. If voters, the value of sovereignty was not appreciated. But with the reformation came a flood of daylight upon the lowly. Conscience got loose and shook itself rejoicingly, being free from fetters. Reading and thinking got down to the bases of society, and new notions of personal and civil liberty began to prevail. Subjects began to feel that they were men with rights which even sovereigns must respect, and most of all that they were a source of power which ‘even sovereigns could be made to fear. Great minds got to writing about the sources of power, the responsibilities of citizenship, the relation of rulers to the ruled, the nature of liberty, the value of sovereignty, the duty of the freeman to as- sert his rights. Parties or sects—you can as yet scarcely distin- guish between the two—sprang up, some to fight for their religion through their politics, and some to fight for their politics through their religion. In England the Puritan got to be a stubborn force, so did the Independent, and the Presbyterian, and the Quaker, all discordant, yet all united, in so far as the drift of their thought and influence was toward intellectual moral and political ‘freedom, and the ultimate right of man to choose his own rulers ‘and make his own laws. These were brave souls and they clung to their convictions and indoctrinated their fellows amid social ostracism and state persecution. Ham- THE UNITED STATES. 19 pered on all sides by forms too hard to break through, over~ shadowed by power too well entrenched to be easily dislodged, feeling that their doctrines were pervading, permanent and vital enough to bear transplanting, and knowing that an open conti- nent lay beyond the ocean, they were ripe for the experiment of American colonization. WE SHOULD PREPARE OURSEL VES.—The propriety of, nay the necessity for, educating statesmen * is not doubted. Yet here we are, old and young, all of us, statesmen by right, and each endowed with a dignity and authority to which your statesman in fact is willing to take off his hat. Nothing is so pleasing and assuring as to see an office-holder well qualified for his office. Yet we are all office-holders, in that personal sovereignty is within each man’s keeping. We go about our work or pleasure with what may be called the highest office, at least the highest responsibility, in the land, hanging to our per- sons, and inseparable from us. ' The citizen makes a terrible mistake, one which may any day bring disaster to his country and himself, who supposes that he can properly fill his high office, perform his full duty as sov- ereign, without any previous thought or qualification. He cannot be a safe repository of power who does not know what power is, and when and how to exercise it. One cannot be a good presi- dent maker who has no idea of what a president is for, and what a good one is like. The man who is ignorant of legislation or the quality of a safe legislator is not fit to choose a representa— tive in congress or the general assembly. You could scarcely expect a person without judgment to select a good judge for you. While the principle that every man is a sovereign, or that sovereignty resides in the people, is a glorious and inspiring one, it would be most dangerous to our own peace and to the per- * What is specially needed in statesmen is public spirit, intelligence, foresight, broad views, manly feelings, wisdom, energy, resolution; and when statesmen with these qualities are placed at the head of affairs, the state, if not already lost, can, however far gone it may be, be recovered, restored, reinvigorated, advanced, and private vice and corruption disappear in the splendor of public virtue—Browmon’: American Republic. 20 POLITICAL HISTORY OF petuity of the nation, if we were all as ignorant and brutish as South Sea Islanders, or as indifferent as the free-footed Bedouins of the desert. It is only a safe and tolerable principle here and now because, as a rule, some kind of qualification exists, or be- cause, as a theory, sufficient'qualification is presumed; or, to state it in other words, because the result of the ballot is suffi- ciently on the side of purity and intelligence to answer as a set- off against an impure and ignorant ballot. A CONTRACT WITH THE STATE—The ballot is the legal means of giving expression to the will, or sovereignty, that is within us. Ought there ever to be a doubt about its intelli- gence and safety? Ought government, through and by means of the ballot, to be a sort of political hit or miss game, a thing to make one say, “Oh well, it is all wrong in this or that matter, but we will trust to another turn of the wheel to correct it?” We. ought not to forget that despotism, aristocracy, monarchy, and every form of government which does not rank as popular, finds a strong vindication in its distrust of the masses, and in its doctrine that the sovereignty which comes up out of the people is uncertain, gross, and unsafe. The answer to the claim that the masses ought to govern themselves always was, “ Let them prove that they are equal to the task.” In the face of all the obstacles presented—their own ignorance as well as the superior intelligence and adroitness of their masters—they generally failed to prove it, and the laugh was on the side of the “powers that be.” It was only when time had worked great changes in the condition of the common people, and when they began to give some proofs of their ability to master political situations, that the power which emanated from them, the state or government, got to be of any account. And now, under our form of government, does there not exist a secret understanding, an implied contract, a tacit pledge, between the state and the citizen, to the effect that one shall do all he can to qualify himself for his responsibilities, in turn for the protection and comfort the other affords? If such contract does not exist, the citizen is none the less respon- sible, and he must still face the question, “If ballots are even yet barely safe because those which are qualified outnumber THE UNITED STATES. 21 those which are not qualified, what might we not expect in the shape of stronger government and better institutions, if all were qualified P ” The obligation of every sovereign citizen to qualify himself for the intelligent exercise of the power that is within him is deep, impressive, awful. Does he realize it? * HOW QUAL[FY?-—Whatever will make the citizen think more seriously of his political obligations, whatever will enable him to give truthful, safe, and telling expression to the sover- eignty that is within him, is a schooling of no mean order. Streams cannot rise higher than their source, creatures cannot be superior to their creators, institutions cannot be better than their supporters. Governments, laws, officials are, in general, a fair reflex of the ballots which make them’. Before they can be raised to high and safe standards, we must rise to high and safe standards of citizenship. We must never admit that because a majority of us are qualified to exercise sovereignty, therefore things are safe. Things never can be absolutely safe till all are qualified. Our common schooling is a great help to us. But it is not of that special kind which is calculated to acquaint us with political situations, sharpen our wits as rulers, stimulate our pride of citizenship. Few of us ever think about our duty to the government till we are reminded of it by the alarum of a political campaign. Then as a short cut toward qualifying ourselves, We rush pellmell to school to the teachers who appear on the stump and in a declamatory, off-hand way, attempt to prove to us all kinds of impossibilities and demonstrate all undemonstrable things. These very eloquent teachers are seldom clear, dispas- sionate, or impartial. They may be mere creatures of prejudice or ambition. As a rule they ‘rely more on the arts which cap- ‘ tivate than on the logic which persuades, more on the tricks which deceive than on the facts which convince. Their appeals *Our republic has been reared for immortality, if the work of man may aspire to such title. It may, nevertheless, perish in an hour by the folly, corruption, or neg- ligence of its only keepers, the people. Republics are created by the virtue, public spirit, and intelligence of the citizens. They fall when the wise are banished from the public councils,.because they dare to be honest, and the profiigate are rewarded, because they flatter the people in order to betray them.—-Story on the Constitution. 2'2 POLITICAL HISTORY OF . are to the passions and not to the solid judgments of men. The most they want is votes, not as winged principles, but as some- thing to be counted in one, two, three order for their favorite candidate. There is but one class of scholar who is truly at home in this ringing, jostling, exciting school. He is the one who will not qualify himself in any other way, who _is fond of the burly-burly, delights in brass bands and ear-splitting hurrahs, loves the delirium of passion, and supports the ticket, no matter who is on it or what principles it embodies“ Conviction goes to the dogs with such an one, sovereignty is a Chinese gong, the franchise a batch of fire-works, and election day a glorifica- tion. You will say, “ but better this school than none.” Assuredly. We do not design to diminish its importance further than that is effected by showing that it is not the best school, and should not be the only one, in which to learn our duties as citizens, or to get substantial notions of our high privileges. It is very pleasant to hear speeches, delightful to be carried away by ora- torical flights and figures, gratifying to see an enemy’s scalp raised by the keen knife of sarcasm, inspiring to be appealed to in various pathetic ways, but it is all very much like going to a theatre to dwell for a little time in the midst of sentiments and passions. It is an intoxicating, short-lived schooling, which may tide one over an emergency, but leaves the mind to as sad a re- action as a drink of spirits does the body. The best qualification of the citizen is that which is always going on. He may quicken it by the usual agencies of the cam- paign, brush up, as it were, at each call to exercise his sover- ' eignty, but the solid, solemn work of preparation ought to begin with the child and never end till death ends it. The course of study cannot be mapped. Tastes vary, and time is not at the command of all alike. But it is safe to say that all may learn, and should, .what will make them prouder of the distinction of sovereign citizen, what will enable them to handle, without dan~ ger to themselves or others, the sharp weapon of the ballot, what will give them bigger and broader views of their country and institutions, what will enlarge their manhood’and make them THE UNITED STATES. 23 feel their importance as factors in further building and perpetu- ating this vast temple of government, which is even now over- shadowing all others and influencing all others for their good. For the greater encouragement of the young, and for overcom- ing the indifference of those of riper years, let this fact not es- cape attention. The people are closer to their rulers and their government now than ever before in its history. just as they prepare themselves for the duty of personal rulers, they rise in im- portance with ‘their political rulers. just as they' are able to think accurately for themselves, formulate their thoughts suc- cinctly, and defend them stoutly, in that proportion the political ruler hearkens unto them and takes his cue from them. It is for this reason that reform is twice as speedy now as it was twenty years ago. The better informed, the stronger, the more resolute the constituency, the surer it is of a prompt and certain echo from its representative. And this is as it should be, for the whole theory of sovereignty with us is, that power passes up- ward from the people, never downward. So, ability to instruct and judge should pass in the same direction. While the respon- sibility of the people is fhus greater, the duty of the legislator is simpler and easier. PIONEER DISCOVERERS AND EXPLORERS. BIRTH AND GROWTH OF THE COLONIES. MARCH T0 INDEPENDENCE. ACQUIRING OUR PUBLIC DOMAIN. HE FIRST OWN ERS.—When America was discov- ered the title to theisoil was in the Indian. He was sovereign proprietor. He acknowledged no obedience, a allegiance, nor subordination to any foreign nation. He has never to this day yielded a jot or tit'tle of his original right of dominion, except when he sold out voluntarily, or was forced by arms into a treaty. His claim was precisely like that of all civilized nations, a claim based on exclusive possession and use for his purposes, for hunting, for trading, for subsistence. If he had no fields, no fixed towns, few of the things which fasten other folks to one spot, it was nobody’s business. That did not invalidate his claim in the least. THE EUROPEAN T f T LE.——The discovery of America in I492 brought across the ocean the doctrine that general title to all the new lands and the right to govern them rested on the fact of discovery. Perhaps it would be better to say, the discovery of America was the’ date of the invention of this doctrine. The legal doctrine of discovery was, that title to the soil was in the discoveren provided the territory discovered were unoccupied, uninhabited. Why was this doctrine twisted out'of all legal shape, or so greatly enlarged? Because the Indian was a heathen. The Christian thought of the time did not draw a line _ between political and spiritual sovereignty. The right to con- vert a heathen carried everything with it—right to govern him, right to own his soil. In a word, he was, if unconverted, an encumbrance, and it became a Christian duty and glory to con- (25) 26 POLITICAL HISTORY OF quer him and possess his d~omains.* This is what made the broad claim of title by discovery defensible, or rather, it is what reconciled it to the European mind, for no lawyer would ever agree, Without fee in advance, to establish the righteousness of a title by discovery to an unknown inhabited land, he the inhabitants heathen or not. Imagine the King of the Cannibal Isles sailing out and striking the, to him, unknown coast of America at San Francisco, and, landing and planting his banners in the soil, tak- ing possession and declaring the whole country his by right of first discovery. How many of us would quake at the thought that we, heathen to the great king, would have to give up our titles and pass under a new dynasty PT How many of us would acquiesce in his bold claim, or do other than the Indian has done—deny his right to soil and dominion, and fight to the death against it P ARE OUR TITLES GOOD ?—In law, time is a great cura- tive. We can at least plead that we ought not to be disturbed, because lapse of time has come in to cure the defects of ‘our ' title by discovery. However indefensible in law or morals the European title to our soil was, the then civilized nations stood committed to it, and we are entitled to the excuse which this general commitment furnishes. It was a policy erroneous and despotic. But even such policy may lead to results which, after a long time, ought not to be questioned or disturbed. Besides, * It might be curious to inquire how far we are away from this doctrine now. Is not the red man still in the road? Has not our national policy toward him always savored too much of the policy of the pioneer, that because he is in the way and his land is good, therefore it is right to drive him away and take it? 1- “ The truth is, the European nations paid not the slightest regard to the rights of the native tribes. They treated them as mere barbarians and heathens, whom it they were not at liberty to exterminate, they were entitled to deem as mere tempor- ary occupants of the soil. They might convert them to Christianity, and, if they re- fused conversion, they might drive them from the soil as unworthy to inhabit it. They affected to be governed by the desire to promote the cause of Christianity, and were aided in this ostensible object by the whole influence of the papal power. _ But their real object was to extend their own power, and increase their own wealth by acquiring the treasures as well as the territory of the New World. Avarice and am- bition were at the bottom of all their original enterprises,”=-Stwj/ on the Constz'tu' ' tion. THE UNITED STATES. 27 the Indians were much dealt with outside of this policy. In some instances it was modified by the sovereigns themselves in ' granting charters; in others by the proprietaries in acquiring their lands; in others still by the actual settlers. These, in a more ‘becoming spirit of humanity and with a view to having their titles peaceable and perfect at the start, actually bought the soil of the Indian, and left him free to enjoy his tribal form of government. It need not be assumed that any very clearly or elegantly worded contracts were made, nor that deeds contain- ing exact descriptions of the lands were given, nor even that anything like fair prices were paid, according to our notions of value, yet the fact that the Indian, accustomed to roam a con- tinent, with no attachment to locality, and therefore with no idea of an acre or its equivalent in cash, assented to the terms, gives the transaction validity in law. . I FIRST ENGLISH PATENT—What a grand rush there was for discovery and possession as soon as land was known to exist amid the waters which supposably stretched from West— ern Europe to Eastern Asia! In this rush, and so far as We are concerned, England got the lead. The Cabots, father and sons, Bristol merchants in long commerce with the fishermen of Iceland who may have told of Greenland, first discovered the continent of America.* With a boldness second only to that of Colum- bus, and a confidence which almost compels us to think they were familiar with Icelandic traditions, they went into the midst of the unknown waters, bearing a patent from the politic. Henry VII, one clause of which read: “ Empowering them to search for islands, countries, provinces, or regions, hitherto unseen by Christian people; to affix the banners of England on any city, island or continent they might find, and, as vassals‘l” of the Eng- lish crown, possess and occupy the territories that might be discovered.” ‘ A * We readily accept the Icelandic history—fit is certainly more than tradition—4hat their people were in communication with the fishing-grounds of Newfoundland and the eastern coast of America centuries before Columbus sailed. But, so far. as national or political results followed, we must speak of Cabot’s discovery as the first. 'l'Observe the feudal word warm]. “ The first maxim of feudal tenure (title) was 28 POLITICAL HISTORY OF ENGLAND GETS A CONTfNENT—This clause is ‘in- teresting as part of the most ancient American state paper in England, and, further, it gave to England an entire continent. Its date is March 5, I496. The Cabots struck the continent in N. lat. 56°, Labrador, in June, 1497, fourteen months before Columbus, on his third voyage, came in sight of the mainland off the mouth of the Orinoco. You ask why England didn’t hold the continent if she claimed by right of discovery. The answer is she did not know she had one to hold. Again, when she learhed that it was really a continent, and was anxious for a title as against some other discoverer or occupant, she always made bold to set up the one founded on this discovery. It always served her when she was the stronger party and nothing was wanting but a pretext to title. And just here it is well to note that this whole matter of title by discovery underwent many changes. Several nations set up claims to the continent because each thought it had discovered it. Ignorant of its geography and of the discoveries of others, each nation had to modify its claims under certain circumstances. , FRENCH CLAIMS—Not knowing what they had struck, the planting of the English banners on Labrador did not deter other nations from joining in the hunt for possession. Nor did a second voyage (I498), by Sebastian Cabot, which resulted in a profile of the coast from Newfoundland to Albemarle Sound. The French came skirting up the coast * from North Carolina, stopping at New York, at Newport, thence on to Nova Scotia, striking the grand fishing-grounds, a field they never quit till driven off two hundred and forty years afterwards (1763) by the Englishfil“ Though tento twenty years later than the CabotsI that all lands were originally granted by the sovereign and therefore held of the crown. The grantee, who had only a use, according to the terms of the grant, was called the feudatory or vassal (tenant).”——-Blarkst0ne, vol. ii., p. 53. *The voyage of John Verrazzani, an Italian in the employ of Francis 1., of France, in the “ Dolphin” (1524), reads like a novel. ' 1- We use the modern names of these places for convenience. The French names, as St. John, St. Lawrence, Cape Breton, are all early. ' jVVithin seven years of the discovery of the continent, the fisheries of New- foundland were known to the hardy mariners of Brittany and Normandy.’ Bancrofl, THE UNITED STATES. 29 in‘asserting title, the French took a decided lead in discovery and settlement in their St. Lawrence region, New France. Champlain was anxious to found a state, and he backed up De Monts, who had gotten a patent for the sovereignty of Acadia, extending from Philadelphia to beyond Montreal (1603). It was to be a Huguenot country, but the Jesuits came also. Though they wrangled much, Champlain managed to hold the line of the St. Lawrence for France, and the settlements there became the source of that wonderful Jesuit movement beyond Niagara, out the chain of the great lakes and down the Mississippi to the gulf.* SPANISH CLAIMS—For years ‘after 1492, Spain had been working her way through the Caribbean Islands, and in 1512 struck Florida. Ponce de Leon first saw this land on Easter Sunday (Pasoua Florida). This meant a continent for Spain, as much as the discovery of Labrador by the Cabots meant one for England, though De Leon supposed it only an island. He Was to have its government on the condition that he colonized it. Spain did not trust to mere discovery so much as to actual settlement. The natives fought the Spanish off, and wounded De Leon unto death. Thirty years after along came De Soto, an old friend of Pizarro, who desired to rival him in wealth and Cortes in glory. He began his wonderful freebooting march to the'Mississippi, beneath whose waters he found a gravefl \lVhat was Florida? In Spanish imagination it‘ was everything from the Gulf of Mexico to Newfoundland, and as far west as‘ the “River of Palms” (Mississippi) or as land extended. Canada was in the Spaniards Florida; so was Louisiana; and so every intermediate mountain chain and waving prairie. The Missis- sippi rose in Florida and emptied in Florida. Not a nation dis- puted her claims so far as they embraced the Gulf coast. * Cartier’s voyages ( I 527 to 1542) planted the French standard in all that in- definite country of Norimbega. He built a fort at Quebec in 1541. TNarvaez previously made a similar march to the “ River of Palms ” and on to the Pacific. The story of his exploits is too wild for belief. The Spanish under Gomez had also skirted the coast to New England, calling the country The Land of Gomez. 30 POLITICAL HISTORY OF T HE R] VAL CLAIM/1N T S.——Here then were three rivals, all claiming the same lands as discoverers. England claimed a continent, or would have done so had she known it was a conti- nent. France in mapping her New France claimed from Dela- ware bay northward. Spain claimed for her Florida, or New Spain, everything from the Gulf of Mexico to Newfoundland. What a chance for future troubles! But as yet these claims were so misty and vague as not to be worth fighting about. In- deed they did not serve even as a bar to other claims on the ground of discovery by these same nations or by others, espe- cially when a permanent settlement followed. Thus when Coligny wanted (I 562) to establish a Huguenot colony and found a Protestant French empire in America* he selected Florida as the site, and calling it Carolina, after Charles IX. of France, gave it a limit extending from St. Augustine to Port Royal entrance. His first colony failed (I 563). In I565 he tried another which - brought a storm about French ears. Maddened at this audacious attempt to set up a Protestant empire within her Catholic‘ domains, Spain drove the French colonists out and proclaiming Philip II. monarch of all North America hastened to found St. Augustine (I 565), the oldest town in the United States by forty years. The fighting period had now arrived, and home jealousies and wars had as much to do with colonial disturbances as any- thing else. England had broken away from Catholicism: why shouldn't she be jealous of Spanish ascendency in'the New World? The century, or thereabouts, since the discovery of America, had fired European rulers with a mania‘ for the enlargement of their empires by discovery. The idea grew more and more popular that titles by discovery, in order to be substantial, should be backed by actual settlement. It was found that no mean trade could be driven with the natives in the shape of furs, etc., and that our coasts furnished favorable fishing-grounds. The thrill- ing stories of Spanish adventure, conquest and enrichment in Peru and Mexico had gotten abroad and were filling men of every nationality with dreams of El Dorados in all parts of the * A disastrous attempt, under the special co-operation of Calvin himself, .had been made to found a similar empire at Rio janeiro in BraziL—Soutbey’s Brazil. THE UNITED STATES. 31 New World. Religious enthusiasm built imaginary abiding— places in the wilderness for the faithful, away from persecution, competition and all state interference. Humanitarians, philan- thropists, political theorists, saw golden opportunity in the American wilds for great reformed and reforming empires. Bankrupt nobility pictured to itself a-renewal of estates and titles amid our splendid virgin areas on a far larger and grander scale than their fathers had ever heard of. RALEIGH ’S SCHEME—Raleigh had been a pupil of Coligny. He dreamed of an empire for England on the very spot whence the Protestants of France-had been expelled. He ' therefore took up Coligny’s failure. Armed with a patent from Queen Elizabeth (1584) he tried his experiment a little farther north and under more favorable auspices. But failure awaited him also. His abandoned “ City of Raleigh” on the barren island of Roanoke (I 587) was two centuries later (1792), and by solemn act of the legislature of North Carolina, revivedin its capital “The City of Raleigh.” As Coligny’s scheme gave to the Carolinas (the New France of the South) a name, so Raleigh's gave to the indefinite territory of his patent the name of Virginia, after the virgin queen.* FIRST COLONIAL CHAR T ER—Turning the century (1600) England was better prepared than any other country for adventure, or say permanent settlement, in North America. The * This attempt of Raleigh to found a Huguenot colon)r under English auspices as a set-off to Spanish Catholic influence on the South did more to spread a correct idea of the soil, climate, inhabitants and resources of the new land than any other thus far. Its historian, Hariot, was a keen observer. He observed the culture of tobacco and accustomed himself to its use, after the Indian fashion. He studied the maize crop and noted its productiveness. He also tried the potato with the natives and found it very good food. The natives were treated as men, and the chief, Manteo, was given a peerage, the first in Anglo-American annals. It ought not to escape attention that Raleigh’took possession of this Virginia country, so signal a part of Spanish Florida, and at so late a date, by reason of discovery. He of course knew of Coligny’s claim to the same for France. But France and England could afford to pull together in the scheme of a Huguenot (Protestant) colony or empire right down upon and overshadowing Catholic Florida. It was a long-headed, deeply concocted scheme on the part of Raleigh and Elizabeth, and one that Eng- land, or rather Protestantism, could afford to take much stock in. 32 POLITICAL HISTORY. timid policy of King James I. (1603-1625) in throwing out of employment the gallant seamen who had served under Elizabeth left them no option but to engage in the quarrels of strangers- or seek employment, wealth and fame in the new world. The vague uncertain title of the first discoverer could now be backed up by actual settlement. That possession which was then as much as even ten points of law could be brought into play. A true colonial scheme could be developed and practised which would not only reduce the wilderness to an inchoate govern- meat, but anchor it safely at the foot of the throne. Now see the hold this spirit of colonization had gotten in England. The influential assigns of Raleigh’s patent, the wealthy Gorges, governor .of Plymouth (Eng), the experienced Gosnold who first set English foot on Cape Cod (1602), the enthusiastic Captain Smith, the persevering Hakluyt, historian of all the early voyages, and towering above all, the Lord Chief Justice himself, ‘Sir john Popham—these formed a coterie whose plea “to deduce a colony into Virginia” james I. could not resist. He granted them the first colonial charter under which the English were planted in America, April IO, 1606. Do not forget the date: it is an important one, the beginning of many real'things in connection with our government. Do not forget the coterie. They were tenacious men, representative of Eng- land’s wealth and influence at home and her adventure abroad, , and they or their assigns come up continually from this time on to disturb future titles and worry future colonists. Do not fail either to look a little into the charter itself, for its bearings on our history and institutions are direct, and it shows in what shape English monarchy first fastened itself on our soil. The charter gave twelve degrees, reaching from Cape Fear, N. C., to Halifax, Nova Scot'ia (34° to 45° N. lat.), to two rival companies, one of London, the other of towns in the west of England.* The London Company (Southern Colony), which *The first goes, popularly, by the name of the London Company. As its portion of the above grant was the southern part of Virginia and its settlement on the James river, it is known to our history as the Southern Colony. The second company, whose residents were mostly at Plymouth, is called, popularly, the Western Company, QUEEN ELIZABETH. 34 POLITICAL HISTORY oF alone succeeded, had right to occupy from 34° to 38°; that is, from Cape Fear to the southern limit of Maryland. The Western or Plymouth Company (Northern Colony) had right to occupy from 41° to 45° ; that is, from say New York to Halifax. From 38° to 41° was open to both, with ‘right to the soil fifty miles north or south of any actual settlement they might make therein.* The government was a Council in England appointed by the king. A Local Council had charge of local affairs in the re- spective colonies. The king reserved the right of supreme leg- islative authority and , supervision. The emigrant and his children should continue to be Englishmen. The original grantees or patentees were to hold the lands and other rights by the tenure of free and common socage, and not in capz'taj' The patentees Could of course regrant their lands to actual col- onists according to the tenures they held. The hard, impractic- able features of the charter were that the emigrant had no elec- tive franchise, no right of self-government.‘ The power was first or the Plymouth Company, and as their part of the grant was in the north of Vir- ginia, z’. e., from New York to Halifax, it is known in our history as the Northern Colony, but chiefly by its failures. _ * “ The name of ‘ Virginia ’ was generally confined to the Southern Colony, and the name of ‘ Plymouth Company’ was assumed by the Northern Colony. From the former the States south of the Potomac may be said to have had their origin, and from the latter the States of New England.”—-Sz‘ory on the Constitution. 1' This is very important as marking a point of decided departure from the feudal tenures based on military service, or tenures in capite. However rapidly the process of undermining feudal institutions may have been going on, it must‘have been a very bitter pill for a sovereign like King James to give such a signal recognition of their decadence, for be it known his signature to this charter not only broke in on all precedent for military (capite) tenure to land in America, but established the most democratic tenure then known in England, tenure by “ free and common socage.” This tenure existed only in Kent (Eng) under the title gavelkz'na', “given to all the males alike.” Says Blackstone, “ It is probable the socage (plow service) tenures were the relics of Saxon liberty, retained by such persons as had neither forfeited them to the king nor been obliged to exchange their tenure for the more honorable though more burdensome tenure of knight service. This is peculiarly re- markable in the tenure which prevails in Kent, called gavelkind, which is ac- knowledged to be a species of socage tenure, the preservation whereof inviolate from the innovations of the Norman conqueror is a fact universally known, and those who have thus preserved their liberties are said to hold in free and common socage.” THE UNITED STA'l Es. 35 in a" trading company composed of a select few, of which the actual settler was not one; then in a Local Council, in which he had no voice ; then in a Supreme Council at home, which could never know him and could never have sympathy with his rights; lastly in the king himself, who not only created and dis- missed the Supreme Council at pleasure, but held the power of making or revising their legislation. It was a truly wonderful scheme, and one, in most respects, well calculated to tickle the vanity of a weak prince. What wonder that, under it, the Local Council got to be a pure aristocracy entirely independent of the settlers, the people! What wonder that no element of popular liberty found its way into the government of the colony when its code of laws was completed and received kingly sanction! And what wonder the parliament of England speedily raised the question—a question which would not down until the American revolution—of how far the king was a usurper of their powers in assuming legislative authority abroad! Even the religion of the colonist was, under this memorable instrument, to be that of the Church of England. _ One may well say all this was a long way off from what kings were afterwards taught to grant, and from that spirit of free thought and action which now pervades our institutions. Under such a charter and code permanent colonization at a distance from home, and in a spot Where everything invited to freedom, was impossible. Every effort to plant under it, or to make it work for the good of emigrants, showed its imperfections in glar- ing colors. The weeding and paring process began early. ENGLAND’S PERMANENT FOOT HOLD.-—Under this charter the London Company founded Jamestown, Va., May, 1607, one hundred and nine years after Cabot’s discovery of the Continent, and forty-one after Spain had- settled Florida. As the Puritan, destined for the Hudson, was blown upon Cape Cod, so the three ships with the Virginia Colony were blown past Raleigh’s old settlement at Roanoke, and into the waters of the Chesapeake. One year would have settled the fate of James- town, but for Captain Smith, who had fought for freedom in Holland, roamed France for pleasure, visited Egypt for study, 36 POLITICAL HISTORY. plunged into Mohammedan warfare for glory, escaped from Con- stantinople to Russia for safety, and now entered as hero on a drama the most exciting and thrilling of all. Even his ingenuity in handling hostile natives, and his unbending will, stronger than that of cowardly governor (Wingfield and Ratcliffe) or famished, rebellious emigrant, could not have saved the colony, but for an amendment to the charter government which robbed the king of the supreme legislative powers he had reserved and turned them over to the company and its governors. This gave to Smith’s genius a fuller rein. He made the gentlemen colonists work, saying, “ He who would not work might not eat.” He entreated the company to send “ more suitable persons for Virginia.” “I entreat you,” he writes, “ rather send but thirty carpenters, hus- bandmen, gardeners, fishermen, blacksmiths, masons and diggers up of trees’ roots, well provided, than a thousand of such as we have.” Hopeless as his task seemed he held his control of the unruly colonists till disabled by an accidental explosion of gun- powder he was forced to go to England for treatment, without reward of any kind but the applause ‘of conscience and the world. He was the true father of Virginia, and, vastly more, the pioneer who secured to the Saxon race its first permanent foot- hold within the borders of the United States. Virginia was a fact, but as yet a limitless fact. And this it proved, and con- tinued to prove, that just as the king was shorn of. his charter powers, and just as the Home Council and the governors were deprived of their arbitrary control, and the same passed over to and began to be exercised by the people under the forms of law, in that proportion the colony throve. America was no place for restricted individual rights nor absolute foreign authority. TOBACCO, COTTON AND SLA VES.—The jamestown colonist got to be an industrious man. It was a clear question of the“ survival of the fittest.” He grew tobacco and the cereals, and- found both profitable. The former became a staple and a cur- rency. He was not satisfied with his farm title. It was amended so as to make him secure. He clamored for representation. This too he got. The first colonial assembly met at jamestown, TH. ,. I»! .Ilht.) “fl/it, in?! (viii f I _ ifiM/ll I | El l). (Id/ll! [AWN/I v\. I// VI CAPTAIN JOHN SMI \ .. \.\\ 1: \.\\fl- ......E\st.w\v “ be? A . . . .. .m... . gvél/flflkfifi . .. _ . . ....,.\.\.m\..~.....~.\\\. s \ \ POCAHONTAS RESCUING CAPTAIN SMITH. 37 38 POLITICAL HISTORY oF june, 1619. This was the dawn of'legislative liberty in America. . They who had been dependent on the fickle will of a governor demanded a code of laws based on those of England. Such a code came over in 1621. It was a form of government away outside of the harsh and narrow provisions of the charter. Under it the colony got a parliament, very like that of England. Thenceforth Virginia was the Virginia of the colonists. It was their country, and their country reached from North Carolina to Halifax, and as far west as imagination chose to go. The king was still king, and of a new empire, but of a people who had gradually acquired rights they would never voluntarily part with. He had a rival though. In 162 I the first cotton-seed was planted with success. The infant thus cradled grew into “King Cot- ton.” Strange to say, only one year before, August, 1620, four- teen months after the first Virginia Assembly, four months be- fore the pilgrims landed at Plymouth rock, more than a hundred years after slavery had disappeared from England, six years after the abolition of serfdom in France, a Dutch man-of-war entered the james river and landed twenty negroes for sale. Unfortu- nately the constitution and code of laws which were received by the colony the next year had been prepared without knowledge of this event, or they might have contained some clause prohibit- ing this kind of commerce. As it was, the commerce grew and the slave system got hold, in spite of a strong sentiment among the‘better class of colonists against it, and in spite of a few feeble colonial laws passed with a design to discourage it. By one of those strange contradictions in human affairs, the colony which had in fourteen years converted a despotic charter into a repre- sentative form of government, and had actually become an asylum of liberty,* became also the abode of hereditary bonds— menil' *The Virginia Colony had not as yet paid much attention to its religious code, and even the heady Puritan could find an asylum there. His presence was not inter- dicted till the democratic revolution in England under Cromwell gave political im- portance to religious sects. Then to tolerate a Puritan was to favor a member of a republican party. j-Negro slavery was certainly an offence against the better instincts of all the colonies. Though all the earlier ones tolerated it, there was no lack of discourag- THE UNITED STATES. 39 A ROYAL PROVINCE—King James got jealous of the London Company. On the plea of mismanagement its charter was cancelled. Virginia was free from a control which, while it made a colony possible, had ever been an interference. Charles I. (1625-1649), in accordance with his father’s intentions, would regard it as a Royal Province, to be governed by himself, but fortunately more with a view to securing a revenue from its tobacco and other staples, than with a design to interfere seriously with the political rights of the colonists. But up came the question of boundary. Virginia had no limits but those in the charter, and it was gone. There was, therefore, no Virginia for the map. Only the settlement called Virginia remained, and the best it could do was to claim the old charter limits, whether the charter existed or not. It therefore crossed swords with the Marylander who had come with his grant right into the midst of the Virginia territory. But the flurry soon passed over. The fate of Charles I. was sealed. Virginia thought to fight Cromwell, but by capitulating got terms which were almost equivalent to independence. Cromwell never bothered himself about governors nor anything else outside of the mere question of allegiance. So the colonists elected their own governors, and the custom once established, it ever after prevailed. A grand step toward popular independent government in the new world! MARYLAND CHART ER—The mind of the Virginian was not clear as to his country. Under the charter of 1606 his domain was practically boundless to the north. Under an amended charter he could claim to 41° (200 miles north of Old Point Comfort), which was vaguely supposed to be the southern limit of New England, or the southern boundary of the New Netherlands. At any rate he would, now that he was pros- perous and had ambitions, push his enterprises north of the ing laws and regulations. The force of sentiment outside of themselves, especially that sentiment born of trafl‘ic and cupidity, was stronger than the true and just col- onial instinct, and hence ordinances discouraging slavery became dead letters. But time would have corrected the errors of cupidity, all along the colonial line, had it not happened that as long as the slave traffic was active, the climate, staples and commercial tastes of the Southern colonies permitted the introduction of the slave element to such an extent that heroic action against the system became impolitic. 4O POLITICAL HISTORY. Potomac and Susquehannah. But, alack l he was suddenly cut off. Sir George Calvert had tried a Catholic settlement at Avalon on the coasts of Newfoundland, but cold, a barren soil, and French fishermen, had driven him away. He would try again in a more favorable clime. His influence with the king (james I.) was great, and the canceling of the Virginia patents had restored to the monarch his authority over the soil. The French, the Dutch, the Swedes, were preparing to come. Why shouldn’t Calvert have a slice of kindly soil for his experiment? He got it, and evidently wrote his own charter.* It gave him a clean slice 'of what was Virginia. Its bounds were the ocean, the 40th parallel, the meridian through the fountain of the Potomac, that river to its mouth, and a line from Watkin’s Point to the ocean—almost the Maryland of to-day. Calvert’s '(Lord Baltimore’s) province was a creation with a definite boundary, the first, it may be said, thus farfl’ and it was Mary- land, after Maria, wife 'of Charles I. Lord Baltimore was a Proprietary, that is, the country was his estate. He was governor, subject to the provisions of the charter, which were very liberal indeed, securing to the colonists representative government from the start, and therein contrasting strongly with the Virginia charter, granted to mere trading companies. Christianity was by the charter made the law, but no preference was given to any sect, and equality in religious rights not less than in civil freedom, was assured. Sir George Calvert died April 15, 1632, but the charter was confirmed to his son, Cecil, june 20, 1632. > As ‘has been noted, Virginia was * “ The nature of the document itself, and concurrent opinion, leave no room to doubt that it was penned by the first Lord Baltimore himself, although it was finally Issued to his son.”-—-Bancrofl, vol. i., 241. T Ignorance of the geography of the interior left many of the early grants with- out western limits. Some had the clause inserted “ and extending through to the Pacific,” or “extending from ocean to ocean.” But in general they were vague, and the source of much future difficulty, as were those north and south boundaries which so overlapped each other. The failure of the successive monarchs to under- stand what their predecessors had done, the lapsing of so many grants by time or oy non-user, the desire of each monarch to gratify his friends or to map a new Colonial policy of his own, all these contributed to the confusion of charter bound- aries. \‘\\\_~_'. 3 3 ”, 1,‘:- ’/”’n‘ 1- I '15.,‘ _ 1-01,,‘ t3 \ 44/0,’: ’-I \ ‘ Liz/l], ’ // 1- ‘n.- \u \ ) \.\\\‘ ‘ in! *l I, 1 I < I‘ \ . t N h "u I ,52111 “v -, , ,9 ..__.{.I_ H "I: . '- u . *1 4 I, 1’) / . \‘gsv‘ \ \\;\\\\\\\\s‘;\ \~.\\q¢\ /, ‘I / / “ _ / . I i ‘ 0 '1'! i‘l‘\ ~ - .p v ‘4. mg, CHARLES I. OF ENGLAND. 4 1 42 ‘ POLITICAL HISTORY OF furious over this robbery of her domain. She at first warred a little about it, then carried her case to England, but the king’s privy council told her to go home and cultivate amicable rela- tions with her neighbor. Her wrath had'time to cool while the boundary between her and Maryland was being adjusted. Cal- vert knew quite well the folly of attempting a Catholic experi- ment, no matter how liberal its provisions, so near the Virginia settlement, and within its claimed limits, without first securing for it carefully determined boundaries. Virginia’s church was the established church, which, liberal at first, was nearly ripe for that uncharitable statute which banished all non-conformists and made their return a felony. SETTLEMENT OF MAR YLAND.--March 27, I634, Calvert founded his village of St. Mary’s, and his state. The Ark and Dove bore his colony. He treated with the Indians and bought their soil. Thus his possession was peaceable, ex- cept that Clayborne of Virginia wanted to drive him away by force.* The colonists stuck from the start, and, unlike those of _Virginia, went to work. In six months St. Mary’s was ahead of jamestown in its sixth yearqL In one year the people, not liking Calvert’s Code, passed one of their own which, though it did not go into effect, resulted in such modifications of Calvert’s as they wished. The “religious freedom” of the charter took as wide shape in the statutes as was then possible. It embraced all Christians, but with the awful proviso that, “ Whatever per- son shall blaspheme God or shall deny or reproach the Holy Trinity, or any of the three persons thereof, shall be punished with death.” Nowhere in the United States is religious opinion now regarded as a proper subject for such a penalty or for any penal enactment at all. We have seen how Virginia profited by the neglect of Cromwell, under the English Commonwealth. * The native tribe had been punished by the Susquehannahs on the north, and was just about to quit its seats on the Potomac, when Calvert came. He therefore was able to drive a good bargain with them, and to quiet his title with a few pres- ents of clothes, axes, hoes, knives, etc. 1' “ Within six months it (the Maryland colony) had advanced more than Virginia ' had done in as many years.”-—Bancrcy’t, vol. i. , p. 247. THE UNITED ‘STATES. 43 New England did the same. But Maryland went through the fires of angry disputation. With the king gone, where was the Proprietary who held from and under him? “Gone too,” said Virginia. “ Gone too,” said Cromwell, though he was going to trust to Calvert’s good sense to manage things. But Virginia, through the ambitious Clayborne, got over into Maryland, and under cover of a commission actually ran away with the government. Maryland had invited Puritans. _ They were strong in Anne Arundel, and were Cromwellian republicans. Calvert was shrewd enough to save his charter, but when he went to reduce the Puritans he was whipped and his agent, Stone, was imprisoned. Clayborne could reduce neither Catho- lics nor Puritans. Thus matters stood for years, till the people voted themselves a lawful assembly, without dependence on other power in the province, and enacted compromise laws, which Virginia ultimately assented to, and which both Puritan and Catholic could respect. Thus Maryland like Virginia was, at the restoration of Charles II. (1660), in full possession of liberty based on the sovereignty'of the people, and like Virginia it had so nearly completed its political institutions that not much further progress was made toward freedom and independence till the period of final separation from England (1776)- ~ THE PLYMOUTH COUNCIL—ewe must now go back a little in time and look northward. The Virginia charter of I606 incorporated two monstrous companies, the London Company (Southern colony), and Western or Plymouth Company (‘North- ern colony). We have seen how the London Company suc- ceeded at Jamestown, and how it was shorn of its rights in Vir- ginia. What did the Western or Plymouth Company do with its splendid grant of lands (in Virginia remember) between New York and Labrador, 41° to 45°, and its magnificent privileges P Under Popham himself it settled at St. George'on the Kennebec (I607). But Popham died and the colony failed.* Inspired * The Maine historians make much of this settlement, not only as ante-dating all others in Northern Virginia or New.England, but as going to show the directness of the Maine title from the Virginia charter of 1606, and therefore the wrongfulness 44 ' POLITICAL HISTORY OF anew by Smith, the Virginia hero, who had (1614) scoured the coast from the Penobscot to Cape Cod and named the country New England, another trial was made, but the colony never landed. Still Smith’s enthusiasm was all pervading. Anew and independent charter was sought. for the company. This set the Londoners and Westerlings to fighting. But clashing in- terests could not stay results. Out of the conflicting claims came a charter to forty of the king’s favorites, many of them members of both the old competing companies, and. the best men in them. It was one of the most sweeping papers which ever bore royal signature. Its date was Nov. 3d, 1620, and it incorporated “The council established at Plymouth (England) for the planting, ruling, ordering and governing of New Eng- land, in America.” ' NATURE OF T HTS CHART ER—Note first the size of the territory it covered, and how it wiped out the entire field given to both the London and Western Companies in the charter of 1606, also how it silenced forever the legal claim of Virginia (not the popular claim) to her domain north of 40°. It extended in breadth from 40° to 48° north- latitude, and from the Atlantic to the Pacific; that is, it embraced nearly all the inhabitable British possessions of to-dayj‘< all New England, New York, more than half of New Jersey, nearly all Pennsylvania, and the mighty sweep westward of all these States. So grand an empire had never been given away by a single stroke of the pen. But more, and worse, the charter gave to forty men the soil, the sole power of legislation, the selection of all officers, the formation of a gov— ernment, and powers over commerce as arbitrary as those con- of the claim which Massachusetts subsequently made good. Had the Kennebec colony stuck, they’ would have much better ground for their position; or had not the character of titles shifted. Even at this early date the principle was abroad that a title confirmed by actual settlement was better than one with no such substantial backing. * It paid no attention to the French possession of New France, which was already permanently occupied at Port Royal, Quebec, and many other places along the St. Lawrence. The thought evidently was to rely on the old Cabot title by discovery, claim the continent, and drive off settlers of other nationalities if necessary. THE UNITED STATES. 45 veyed to the Cabots by Henry VII., in “that oldest American State paper in England.” No regard was shown for the liberty of a single colonist. Everything was left to the council at Ply- mouth. It was too big a monopoly to be of any use. Parlia— ment rose in angry question of the king’s right to thus fritter away the public domain. France laughed at the thought of thus appropriating her lands, in which settlements had existed fora score of years. The patentees fell to furious wrangling about their respective privileges, and while the confusion was at its height something far-reaching and wonderful took place. FIRS T PUR] TAN AD VEN T.—The Reformation had made possible the Puritan and Pilgrim, the man who wanted, and was bound to have—for himself—religious and political liberty, at whatever cost. When he imbibed Genevan Calvinism he drank in at the same time the spirit of the Genevan republic. This was the ferment which was working in feudal England when Henry VIII. cut off the political horns of the pope, and which came to the surface when Edward VI. permitted the Protestant sects to show their heads without danger from the block. One of these sects, Cranmer’s, wanted mild reforms. This one be— came the Church of England. The other would have no cere- mony not enjoined by the word of God, no divine right of bishops, no inequality of clergy, no fixed rule of worship or in- terpretation appointed by parliament, hierarchy or king. This was Puritanism, pure and undefiled, and it had the sanction of Martyr, Calvin, Hooper and Rogers‘. Under Mary, the Puritan, as well as the Episcopalian, had to leave England, if he would talk and act his convictions. He went to Amsterdam, Leyden, Frankfort, Geneva, to every asylum on the continent, and he! learned much. When he came back under Elizabeth he was no‘ longer a monarchist, but wanted a state of his own, one in which he had a personal voice; therefore he was a politician,* and now doubly dangerous and doubly to be despised. The hard meas- ure of Elizabeth to exile or hang all who should be absent from * Even the English church ‘charged them with seeking a popular state; and Elizabeth declared they were more perilous than the Romanists. The Romanists were for monarchy, and Elizabeth did not despise them on that account. 46 POLITICAL HISTORY OF the English service for a month sent the Puritan abroad again, and especially the stiffer-necked branch called Independent or Separatist. The more politic remained to make Elizabeth ashamed of her hanging of Barrow and Greenwood, and to teach her that the spirit of liberty was sufficiently abroad to endanger the chancesiof her successor to the throne if she carried on in too high-handed a manner.* Elizabeth, “ dead and forgotten in four days,” was succeeded by james I., a most cowardly sprig of royalty, who was a Puritan in Scotland, but who was no sooner over the border than he couldn’t distinguish between the interests of the English church and his own political prerogatives. “ No bishop, no king” was his inspiration, and the Puritan was more a “ viper” than ever, even if the king was a Protestant. He would “ harry them all out of the kingdom, or, better, hang them, if they did not conform,” and then when the Pilgrim wanted to go he had to escape. Wherever he went in Holland or on the continent this was true of him: he was industrious, nearly always a farmer or tradesman, frugal, patient, pious, shrewd, liberty-loving, and though a Pilgrim, attached to his nationality. He was not con- tent in Holland, but, like others, began to dream of a colony in the wilderness which should augment the king’s realm, give him the government of his native land without its hardships, and thus secure him the liberty he wanted. Whom should he consult? It was 1617, and the London Company which had given life to Virginia was yet in existence and claiming everything north of North Carolina. It therefore was consulted, and would have responded favorably but for bickerings. The king was petitioned for a charter. He promised nothing, but gave out the impres- sion that if the Puritan would only betake himself to America and there behave himself he would be let alone. That was something; perhaps all he had a right to expect. Then he went back to the London Company, which granted a patent, but being made in the name of one who failed to accompany the Pilgrim expedition it was of no use. There was nothing left but the O * “ The precious spark of liberty had been kindled and preserved by the Puritans alone.”-—-Carte’s England, iii., 707. THE UNITED STATES. 47 king’s promise of neglect. With this for a charter the “ Speed- well” (60 tons) and “ Mayflower ” (120 tons) were equipped for the voyage. A solemn fast (the original of the American thanks- ' giving), and the Leyden Pilgrims sailed for Southampton. There the English faithful came aboard, and the two ships dared the ocean voyage. But the “ Speedwell ” gave out, and the two ships put back to Plymouth, where the rotten one was dismissed. A hundred souls, men, women and children,"< crowded into the “ Mayflower,” and on the 6th of September, 1620, the ship was off again, off for the Hudson. Bad navigation or storms brought the Pilgrim boat to the bleak coast of Cape Cod, Nov. 9, I620, thirteen years after the founding of Jamestown, and less than two months after the signing of the wonderful charter of the Plymouth Council, above mentioned. After a period of pro- specting, on Monday, Dec. I I (say Dec. 22 new style), 1,620, a landing was effected at Plymouth rock, and actual New Eng- land had a beginning. The colony was that of Plymouth, whence they had sailed. The government of the PilgrimqL framed in the cabin of the “Mayflower,” provided for a “proper democracy” in the Colony of Northern Virginia, based on religious and political rights. It promised loyalty to the Crown, which was its bid to be let alone. The Pilgrim weathered two years of cold, barrenness, andiadver- sity which would have broken up any colony but a Pilgrim colony. His tenacity, industry, thrift, morals, family, organizing power, memory of wrongs, and intense love of freedom, gave him a foothold in spite of cheerless climate and unproductive soil. He placated the Indians by treaty, raised corn, drove a brisk trade, started his “little democracy,” worshipped as he wished, partitioned his lands. Were his titles good P The Indians had * The pilgrim brought his family along. The Virginian came without wife or child. Smith’s prayer was for farmers, mechanics, and men with families. Till such came colonization was mere adventure. 1- “ Puritan ” and “ Pilgrim” are fairly interchangeable. The latter was the former in'exile, before he crossed the Atlantic. Not all Puritans were Separatists and In- dependents. In general the Puritans were more diplomatic than the Pilgrims. Puritanism covers both very well. 48 POLITICAL HISTORY. said, “ Come; ” that was as good as a purchase. The principles of English law, and natural justice, said they were good. So the Pilgrim was secure. He struck deep in his own barren soil and branched out to the Connecticut, to Cape Ann, and to the Ken- - nebec. - . PL YMO U T H C O UN C[L.—The shrewd Pilgrim heard of the wonderful grant to the Plymouth Council and knew it embraced his Plymouth. He worked into the good graces of the Council through the influence of Gorges and got a sub-patent. This attempt of the great Council to portion its powers and lands again brought up the grave question in parliament of how far the king had made a fool of himself in parting with so much territory and power without parliamentary sanction. The Coun- cil, monopolists as they were called, and the king were pitted against the parliament and such level-headed lawyers as Sir Edward Coke, who wanted the power of the Council broken and a free opportunity given to colonize the rest of New England. The Council, forced partly to the wall, determined to make the best of a bad bargain by breaking up its immense domain. There was a scramble for corporation patents. Mason got a patent for the lands between the Salem river and the farthest head of the Merrimac (I621). Gorges and Mason took a patent for Laconia, the whole country between the sea, the St. Lawrence, the Mer- rimac and Kennebec, and the plantations on the Piscataqua, as well as the towns of Portsmouth and Dover came into being, say 1623. Mason got a second patent (1629) for the country between the Merrimac and Piscataqua, which was afterwards known as the New Hampshire patent, and so the business ran into interminable confusion and endless law-suits. The omnip- otent Council of Plymouth was fast frittering away its lands, influence and prerogatives. SECOND PURITAN AD VENT—The Puritan at home chafed under the constraints of English law and the severities of the English church. Minister ‘White, of Dorchester, though not a Separatist, would lead a colony of the faithful across the waters. Despite his puritanism, he formed a company, which bought of the expiring Plymouth Council a belt of land extend‘ _ , Max A , .w .21 PLYMOUTH ROCK. 50 ' POLITICAL HISTORY OF ing from the Atlantic to the Pacific, and from three miles south of the river Charles and Massachusetts bay to three miles north of every part of the river Merrimac. This was a strong com- pany in men, for it included such as Sir Henry Roswell, Sir John Young, Thomas Southcoat, john Humphrey, john Endicot, Simon Whetcomb, and afterwards Winthrop, Dudley, johnson, Pynchon, Eaton, Saltonstall, and Bellingham, all names well known in colonial history. Endicot, the sternest kind of a Pur- itan, was selected to begin the work of establishing a plantation of “ the best'of their countrymen” on the shores of New Eng- land ‘ and in safe seclusion, where the corruptions of human superstition might never invade. Not trusting to this patent from the Council, for it was in contravention of half a dozen Others, it _was confirmed by a charter from Charles I., and “The Governor and Company of the Massachusetts Bay in'New Eng- land” was’ on itsfeet. Its date is March_4, 1629. The king was evidently mad when he signed it. He had made up his mind to govern his foreign territory, or have it governed, as he pleased and without the aid of parliament. So, the provisions of the charter were not unlike those of Virginia, not a whit more liberal as to the rights of the emigrant, equally as hard and close as to the powers of the corporation, which had even the right to elect its own governors. As in Virginia, “ the blessed boon of freedom” for’ the Colonist, the right to local self-government, was to come about over the wreck of corporation codes and amid the ruin of original charter claims. MASSACHUSETTS COLON Y.-—-Under the auspices of this Company of Massachusetts Bay, the Puritans struck Salem, but Charlestown got a few of the new-comers, and so ‘did the vil- lage of Boston, soon to become the capital. These Puritans came full of ‘ notions of a church wherein they might worship after their liking, and with no,-or very narrow, notions of a po- litical state. But they were shrewd and business-like. The thought of being under a company whose members resided at a distance was not pleasant. An original idea struck them. Why not pick the whole company up and carry it across the waters P It could execute the provisions of the charter better on the spot THE UNITED STATES. 51 than 3,000 miles away. That is just what was done, and in a twinkling it changed a commercial corporation into an inde- pendent provincial government. Governors, deputy governors, members of the company, and all interested became colonists— a happy Puritan band intent on their religion and church, but wide awake as to their political freedom and all local and ma- terial interests. They held in their own hands the key to their religious asylum, and unceremoniously locked the doors against all enemies to its harmony and safety. Winthrop, the aristo- cratic, pious, conforming, discreet Winthrop, came over as - governor. The hard trials and disappointments of colonists, . especially on 'a shore so bleak, passed, the community settled down to an “assembly of all the freemen of the colony,” at Boston. Their first effort was a sort of elective aristocracy. Their second, the next year, 16.31, was a sort of commonwealth of the chosen people in covenant with God—a theocracy, if you please. No man was admitted to the freedom of the body politic unless he was a member of some of the Puritan churches. But in all things their government was representative. That was a great point. The colony was politic. It encouraged peaceful barter with the Indians. It sent messengers of peace to the Pilgrims, and to all former colonists. It traded with the Dutch on the Hudson. It invited and got large accessions of colonists from England, the very best men there, such as Cotton, and Hooker, teachers and thinkers at home, the fittest material for preachers, governors, and long-headed diplomatists abroad. When the ministers would hold too hard to the theocratic idea, the freemen inquired more deeply into their liberties and privi- leges, demanded annual elections, introduced the ballot-box, instead of the old-fashioned show of hands, got to be as noisy and self-assertive as the modern politician. With the exception of a limited suffrage, the democracy of Massachusetts was as perfect then as now. Unfortunately the suffrage was limited only to the faithful. Hence the split with Roger Williams and his expulsion as an heretical fellow who taught that “ The civil - magistrate should restrain crime, but never control opinion; should punish guilt, but never violate the freedom ‘of the soul.” 52 POLITICAL HISTORY OF This doctrine would blot out the felony if non-conformity, would repeal every law compelling attendance on public worship, would give protection to every form of religious faith, would make every freeman a voter whether Puritan or not, would, in a word, smash the whole Puritan fabric. And then he had com- mitted other offense by writing an article in which he argued that an English patent could not invalidate the rights of the Indian to the soil. This was very like treason against the charter of the colony. The very wise Bradford thought Williams crazy. ' All in all, he had to go, this ‘first person in Christendom to assert fully the doctrine of freedom of conscience, the equality of opin--l ions before the law, and this defender of them even in advance of the immortal John Milton and Jeremy Taylor. And his going meant what P THE BIRTH OF RH ODE ISLAND.——Williams stopped at Seekonk, but that was within the Plymouth patent. -He pushed on to a spot where patents would not interfere, and hav- ing found it he called it Providence (1636). A deed from Miantonomoh quieted his title as to the Indians. His govern- ment was a pure democracy. Williams gave all power and lands to the people, and they decided everything in their conventions. A magistracy, executive officers, governors, were things of an after time. CONNECTICUT TAKES SHAPE—The shrewd Puritan would head off the Dutch who were creeping toward the valley of the Connecticut. The soil was in the Earl of Warwick, as proprietary, under a grant from the Council of New England, or rather, in Lord Say and Seal, Lord Brooke and John Hampden, as his assigns. But before they could colonize it the people of New Plymouth had built a trading-house at Windsor, and soon had settlements at Hartford, Windsor and Wethersfield. To the Puritans the valley of the Connecticut was indeed a new Hesperia. Thither they marched in no limited numbers under the lead of such as Hooker and others—emigrants from the most valued citizens, the earliest settlers, and oldest churches of Massachu- setts Bay. The bloodthirsty Pequods could not intimidate them nor stay their westward march, but went down before it even to THE UNITED STATES. _ 53 the last of their tribe. The ‘Puritan was a soldier as well as preacher. At New Haven, too; an independent Puritan colony sprang up with Davenport as pastor and Theophilus Eaton as governor, for twenty years (1638), with no statute-book but the Bible, and no freemen but the elect. UNIT COLONfES—Passing the long legal fight be- tween the old Plymouth, Council and the Company of Massa- chusetts Bay, which brought Puritanism under the suspicion of aiming more at a distinct political sovereignty than at simply a church of its own, the time had come for closer co-operation among the New England colonists. At least this was the Mas- sachusetts thought, though it was doubtless suggested as much by her desire to extend her power and influence as anything else. The first move was on New Hampshire, which we have seen had existence under the Mason grants. She readily accepted the jurisdiction of the stronger colony, not doubting that a strict construction of her charter gave Massachusetts a valid claim on ' her territory, and wishing to avoid the disputes which were sure to follow refusal. The Pequod wars, and fears of the Dutch on the south, made it the policy of the Connecticut and New Haven governments to seek terms of union. The Indian tribes of Narragansett wanted the protection of Massachusetts, so they granted to her their Rhode Island. But Williams, who had gone to England to get a charter, returned with it (1644) in time to save his little state from absorption. Down in Maine, Rigby, purchaser of the Lygonia patent, and the assigns of Gorges, were in bitter legal warfare about their right to own and govern. They agreed to refer their disputes to Massachusetts as umpire. The shrewd umpire decided that neither party was right, and told them to go home and live at peace. This was impossible, and the umpire knew it, but it knew also that the plum, not yet rip-e enough for the plucking, would be as soon as the disputes had impoverished both parties. An appeal was had to England, but she ‘took no stock in the contro- versy. Then Massachusetts offered mediation. The role of King Stork was repeated. Unfolding her own charter and point- ing to its date, which was prior to that in the patentsof either 54 POLITICAL HISTORY. of the disputants, and pointing again to her boundary line, three miles north of any point on the Merrimac, she politely informed the Maine folks that they had all along been shearing goats, and that the territory was hers at any rate, which claim she made good. Thus did Massachusetts extend her territory to Casco Bay, and there was such a thing as the “United Colonies of New England.” * A GENERAL ADVANCE—All this colonial growth and consolidation made free local legislation more, desirable, and the interference of parliament more intolerable. The principle was echoed from Virginia to the Kennebec, that the‘ colonies were entitled to their own parliaments and legislatures. Royalty was pitiably situated, for kings did not wish to go back on their grants and their claim to give their soil to whom they pleased, to be governed as they prescribed. This was the three—sided fight, now fully on, and not to be determined till the American Revo- lution settled it. During the time of Cromwell (1648-1659) the northern colonies, being republican in spirit, gained a more solid footing, and made great progress. As the issue of Puritanism was popular sovereignty, Cromwell was pleased with the New England situation. “ He that prays best will fight best,” was his judgment, and he did not doubt the ability of the Puritan to take care of himself, without a king at the helm in England. FREAKS OE CHARLES ][.—The restoration of royalty in England (1660) was a period of apprehension in Colonial America. King Charles II. (1660—168 5) had no respect for ac- quired rights on this side the Atlantic, and none for the acts of his royal predecessors. He would be original or nothing, would tear everything to pieces in order to enjoy confusion or the pleasure of reconstruction. His freaks in upsetting old colonial lines and titles astonished the world. Fortunately their very * “ The first conception of an American union entertained by the founders of New England was to join in political bonds only those colonies in which the people were of a similar way of thinking in theology, when, in the spirit of a theocracy, they aimed to form a Christian state in the bosom of the church. This was em~ bodied in the New England Confederacy (1643-1684). Its basis was not broad enough to embrace the whole of this territory, or sufficiently just to include all its population."--Frot/zz'nglzam’s Rise qf the Republic. - a‘ . 3 . :35 kc _ 0.3 .t i . . t \ \\\\9 ~ \\\\\\\.\\ \K : \\\.\.\\\\\\\\.\\ ~ , . 1/. Lwz/d/M '1!’ i . 'xria‘r’" ,0’! OLIVER CROMWELL. 55 56 POLITICAL HISTORY OF wildness defeated their aim in many instances, and averted the confusion which would otherwise have attended the king’s folly. In other instances, some of the colonies got what they had never been able to get. Winthrop got a splendid charter—in utter disregard of all for- mer grants—for Connecticut (I662), which embraced both the Hartford and New Haven colonies, and extended from the Nar- _ ragansett River to the Pacific Ocean, and the beauty of it was, it gave to the colonists unqualified power to govern themselves. Unwittingly, the king and Clarendon had set up a democracy where they only intended to create a close corporation. Rhode Island was favored with a new charter (1663) almost as liberal as the old. The little State could now defy Massachu- setts, who had denied her right to separate existence. For Maryland the restoration meant the restoration of its pro- prietary to all his charter rights and privileges. Virginia, through the faithless Sir William Berkley, was. dis- membered by lavish grants to the king’s courtiers. , i ._ New Hampshire and Maine were metamorphosed, by reviving old proprietary rights therein, with aview of selling them to the Duke of Monmouth. . The country from Connecticut River ‘to Delaware Bay was (I664), in spite of the‘Dutch possessions and the charter just given to Winthrop, granted to the Duke of York; so was part of Maine. Acadia was given back to France. __ ‘ Thus there ‘was disturbance 'all along the coast~line, and. the ingenuity of the young governments was taxed to theuttermost to bring order out of confusion, and save their identities, where it was at all possible. _ I ‘ Massachusetts wanted her charter confirmed by the new king. A new one was granted which was not satisfactory, and the Puritans got so stiff about it as to throw them open to the sus- picion of wishing to set up an- independent nation. Had ‘Claren- don, the king’s prime minister, lived, there is no telling what the hostility of the throne to the attitude the Puritan was forced to assume would have led to. There must have been war, disas- trous to the colonists, for they never talked bolder, though their \- THE UNITED STATES. 57 strength was .not equal to independence as yet. Clarendon gone, the king and parliament had enough on their hands for a time i with home affairs, and during this happy neglect the colonists had opportunity to test their coherence and fighting qualities by defending themselves against that grand old Indian chieftain King Philip (1676). . SMASHING AND PA T CH[NG.—When Charles was about to turn his theft of Maine and New Hampshire over to the worthless Duke of Monmouth, Massachusetts got possession of the Gorges claims, paying $6,000 therefor, and thus threw another obstacle in the king’s way. After this, Maine was given a separate government and ruled as a province of Massachu- setts (1680)_.* New Hampshire was not so easily quieted. The Mason claim proved worthless. Therefore‘ Massachusetts lost her hold, and New Hampshire was organized into a royal province, July 24, 1679, the first ever established in New Eng- land. It was a terrible experiment. The king’s governor, Cranfield, would rule in accordance with English law and cus- tom, and the colonists would have their local legislature. The contention went on till Cranfield withdrew in despair from those “ unreasonable people” 1684). Meanwhile the stiff-neckedPuritans of Massachusetts had re- newed their battle for sovereignty. The king attacked their charter. It must go, and go it did June 18, 1684. There was now no bar between the colony and the will of the English sovereign. Was property secure? Was religion in danger? The outlook was gloomy in the extreme. DAWN OF NORTH CAROLINA—Turn from the cold, sterile North to the sunny, fertile South, and to that part of it over which De Soto roamed at will, in which Coligny failed to plant his Huguenots, and Raleigh to carry out his‘designs. Here the freakish King Charles II. had enriched courtiers, like Clarendon, Monk, Lord Craven, Lord Ashley Cooper, Lord John Berkley, hisbrother, Sir William Berkley, Governor of * There were three titles in Maine at this time. (1) French, from the St. Croix to the Penobscot. (2) The Duke of York’s, between the Penobscot and the Kenne- bec. (3) Massachusetts’, between the Kennebec and Piscataqua.‘ 58 POLITICAL HISTORY OF Virginia, and Sir George Cartaret, by giving them, as proprie- taries, the Carolina country. It was not now (1660) entirely 'unpeopled. There were Puritans all around Cape Fear and Vir- ginians in Southern Virginia at Albemarle Sound, that is to say, in North Carolina; and it was to these Albemarle folks that Berkley (of Virginia) sent William Drummond, a Scotch Pres- byterian, as governor, with authority to institute a government which should include “ an Assembly of the people and guarantee liberty of conscience.” This foothold was not enough for Clarendon and his associates, who dreamed of greater wealth and power in this goodly country. A new charter was obtained which, in defiance of both Spain and Virginia, granted all the land between the Atlantic and Pacific, and between 29° and 36° 30’ N. lat.; that is, all North and South Carolina, Georgia, Ten- nessee, Alabama, Mississippi, Louisiana, Arkansas, much of Florida and Missouri, nearly all of Texas and a portion of Mex- ico. In this boundless domain—an empire was evidently in- tended-'-every favor. was extended to the proprietaries. To Ashley Cooper, Earl of Shaftsbury, was entrusted the work of framing a constitution.‘ He was an aristocrat, a skeptic and a scholar, and he and Locke, the philosopher, put their heads together. The result was that stupendous Carolina constitution which has ever since been a wonder to theorists and an object of praise or derision by statesmen. It created a nobility, be- friended the slave system, limited the elective franchise to free- holders of fifty acres, partitioned the land into counties, one-fifth for the proprietaries, one-fifth for the nobility, three—fifths for the people, beyond whose reach lay the executive, the judicial and even the legislative power. The Church of England was to be the national religion, though other religions were not proscribed. This constitution was signed March, 1670, and was heralded as “without compare.” A splendid scheme for landgraves and lords of manors, for courts of heraldry and admiralty, but lu— dicrously inflated and inappropriate for a few planters and traders in Carolina cabins! The fact is, the Virginia planter, the Puritan trader, the Quaker exile, went about their own legislation and governing, very much as if they had never heard of the proprie- THE UNITED STATES. 59 taries and their magnificent scheme of empire, and the foundations of free local institutions were so deeply laid among them by the time (1681—1688) Sothel came over to administerthe govern- ment of the proprietaries that, after a squabble of five or six years, they condemned him to a twelvemonth exile, and went peacefully on with their own affairs. Thus North Carolina came, not rapidly, to be sure, for there was no fixed minister till I 703, no church till I705, no printing press till I754, but modestly and quietly, as well she might, for her people were mostly the colon- ists of other colonies, who, tired of restraints, sought serene, unanxious life amid the granges of a southern clirne. SOUTH CAROLINA—So loudly .had the coming of the Model Carolina Constitution (Shaftsbury’s and Locke’s) been proclaimed, and so much the soil and climate of Carolina been praised as the “ beauty and envy of North America,” that even before the former was signed, Joseph West, as agent and gover- nor for the proprietaries, and William Sayle, as clerical leader, started with a number of emigrants (1670) for the spot (Beau- fort) where the early Huguenots had engraved the lilies of France and erected the first Carolina fortress. But sailing into Ashley River, they stopped at the “ first high land,”* and there started the government of South Carolina, the people electing their own legislature and claiming the privileges of full sovereignty. It wasn’t in accordance with the “ Model Constitution,” but it was popular, and when the “Model” came, it was resisted (1672). Still the proprietaries sent over colonists, dissenters as well as churchmen. Already (1671) Sir John Yeamans had arrived from Barbadoes with African slavesfil' Dutch emigrants came from New York. An Irish colony came under Ferguson. Even Scotchmen settled at Port Royal, only to be assaulted and scat— tered by the Spanish. But the most remarkable thing in the history of colonial South Carolina is the fact that what Provi- * This spot is now a plantation. Not having any commercial advantages, it was soon overshadowed by Charleston and finally abandoned. TThus slavery in South Carolina was coeval with the first plantations on Ashley River. It was the only one of the original thirteen States that from its cradle was essentially a planting State with slave labor. 60 POLITICAL HISTORY OF dence postponed for Coligny and Raleigh was, a hundred years later, to come about, and that through a persecution * which added greatly to the intelligence, moral worth and ultimate free- dom of the American colonies, and for Europe hastened the revolution in the institutions of the age. Escaping from a land where their religion was a crime, their estates liable to be confiscated, their children hardly their own, and their lives never safe, Huguenot fugitives from Languedoc, Rochelle, Bordeaux, Poictiers, and the beautiful valley of Tours, men of Puritan hardihood and zeal, but without superstition or fanaticism, came to Charleston and to the Santee. Out of such material did , South Carolina spring. It was a pretty southern picture of unity in variety, for all were agreed to rule themselves, and re- sistance to the proprietaries and their visionary code Continued till the English revolution of 1688, when a meeting of the repre- sentatives of South Carolina disfranchised Collton, the proprie- tary governor, and banished him‘ from the province. ‘ THE DUTCH REALM—The Dutch, splendid sailors, fond of trade, loving land‘and settlement, were abroad in the West Atlantic waters as soon as any nation. Henry Hudson’s voyage (1606-1609) to Newfoundland, to Cape Cod, to the Chesapeake, to the Delaware, thence up the Hudson, his trading-post at Manhattan (New York), his claim, by right of discovery, to all the country from Cape Cod to the mouth of the Delaware, with no westward limit, as “The New Netherlands,” make a story full of spirit and novelty. Had not his love of trade been so much greater than‘ his love of acres and his tread not been more firm on the decks of his ships than on dry land, the Dutchman might have pushed his magnificent frontage of four hundred miles clear through to the Pacific. He was industrious, plod- ding, moral, brave, liberty-lovingfin fact an excellent Colonist, yet his early settlements were only trading-posts. Such was New York in I623, and Lewistown, on the Delaware, in 1631. In his attempt to push into the valley of the Connecticut he was absorbed by the Puritan. Then, in Delaware Bay, he was forced * The revocation of the edict of Nantes, October 22, 1685, and the slaughter of the Huguenots in France. ' ' THE UNITED STATES. 61 to meet the Swede, who came along with his liberal Christian scheme, prepared under the auspices of Gustavus Adolphus himself, who was backed by all Germany. I S WED] SH AD VENTL—Without charter, or patent,or grant of any kind, but relying on such title as purchase from the In- dian might give when backed by actual settlement, the Swede sailed into the Delaware (1638), built a fort at Christiana Creek, and colonized Delaware anew. Then pushing to Upland, Tini- cum, and even to the Falls of the Delaware (Trenton), he claimed by actual settlement parts of the three States of Delaware, New I Jersey and Pennsylvania as New Sweden. The Swede’s peace- ful' Indian policy, his quiet religious zeal, the beauty and balmi- ness of his new possessions, the feeling of protection that the fame of his arms in Europe engendered, made New Sweden a desirable home for colonists. But his presence was a bold break into the New Netherland country. The Dutch remonstrated, but feared,'for Gustavus was a famous fighter. Still they could not bear the loss of their trade which occupancy of both banks of so important a stream as the Delaware, by the Swedes, threatened. Resorting to a shrewd. trick, they built a fort at Newcastle, below the Swedish settlement, and thus hemmed the interloping Scan- dinavian in. In‘ a thoughtless hour theSwedish governor at- tacked this fort and drove the Dutch _out. Stuyvesant, the Dutch governor, sent around a fleet from- Manhattan (New York), which swept the ‘Delaware of every Swedish stronghold (I63 5). But if his New Sweden was thus summarily wiped out, the Swede himself stayed; his impress is still visible in all the land he possessed; it was his Indian policy that Penn adopted; his history is loved and honored; he was entirely too good a man to drive away, and so became a factor, direct or indirect, in whatever appertained to after Delaware settlement. NEW F’ERSE Y TAKES FORM—The Dutch were prouder than ever of their great realm, the restored New Netherlands. But there was a sad day ahead. Cromwell would strike Hol- land through her most prosperous colony. His plan of humil- iation was never fully carried out, but it was remembered by Charles II. This monarch gave the-country from the Connecti- all .1 ii in - - nit/r i n’l'k 1. v .i _ LIL t} r I ..t i . t/ .M g .lnsllgl 57.. \ E: 1.. . . . t \ \\\\v\\\» .‘.\t \ _ “\\~ .1. :3: 1-: . GUSTAVUS 1. OF SWEDEN. 62 POLITICAL HIsToRv. . 63 cut to the Delaware to the Duke of York, and then proceeded to expel the Dutch from a domain he contemptuously called his own. Stuyvesant yielded in the face of superior force (September, I664). In October, 1664, the Dutch and Swedes on the Dela- ware capitulated, and for the first time the whole Atlantic coast of the old thirteen States was in possession-of England. The New Netherlands were speedily dismembered. Two months be- fore their fall, and in anticipation of that event, the Duke of York assigned to Berkley and Sir George Cartaret, both pro— prietaries of Carolina, the land between the Hudson and the Delaware (June 23, 1664). This became New Jersey, already peopled by Puritans, Quakers, Swedes and Scotch dissenters. Cartaret became governor, and he gave the colony a liberal form of government. THE QUAKER COMES—All sects were finding an asylum in America, why should not the peaceful, pious, liberty-loving Quaker? His experiment was now ripe for trial. ‘The son of a Leicestershire weaver and the apprentice of a Nottingham shoe- maker, George Fox, had questioned his life, till the revelation came that truth is only to beisought by listening to the voice of God in the soul. Creeds and superstitions and idle forms of men were vanities. The Spirit was the true monitor. This was freedom in the abstract. Monarchy, hierarchy, code, every outward, hampering, trammelling thing, must go down before it. ' The Quaker rise was remarkable and memorable. It was intel— lectual freedom bursting out amid the masses, the old philos-r ophy of the Portico playing its part among the people. Quaker- ism, as developed by Barclay and Penn, became intellectual free- dom, the supremacy of mind, universal enfranchisement. Its reality was the Inner Light. As old as humanity, it embraced humanity. The first distinctive Quaker settlement was in West - New Jersey at Salem, I67 5, on a moiety of his province bought of Berkley. In this purchase Penn became interested. But the Quaker wanted more. Even the purchase of East New Jersey of the heirs of Cartaret was not enough. A grant must be had west of the Delaware. For this Penn became a suitor in I680. England owed his father £16,000 for signal service in 64 POLITICAL HISTORY. naval warfare against the Dutch. Grant of a province was an easy way to cancel the debt. In favor with the Duke of York, he obtained from Charles 11., Pennsylvania, which was included within three degrees of latitude and five of longitude, west of the Delaware. The Duke of York retained the three lower counties ; that is, the State of Delaware, as an appendage to his New York possessions. Penn launched his experiment in 1682, at Phila- delphia. His form of government was liberal. No colonist complained of power withheld or right endangered. His scheme is thus epitomized in his own language: “It is the great end of government to support power in reverence with the people, and to secure the people from the abuse of power; for liberty with- out obedience is confusion, and obedience without liberty is slavery.” His policy with the Indian was that of the Swede, who had preceded him. The native was dealt with as a man. His lands were bought, not‘stolen. Respect for native titles secured firmness for the ti'tles of the colonists.* The experi- ment was a success from the start. The Quaker asylum on the Delaware was thronged by Welsh, and Irish and Scotch, as well as English. The Low Countries and all Germany sent their grand contingent of inoffensive, religious, land-getting, forest-reducing yeomanry. No American colony moved off under such auspices nor with so firm a tread. The Pennsylvania which was in Vir- ginia, in the New Netherlands, in the new Sweden, in the grant to the Duke of York, and as Lord Baltimore claimed partly in Mary- land (hence the dispute which ended in the celebrated Mason and Dixon line) took a title which remained unmolested by royalty, and a territorial shape which corresponds with that of to-day, ex- cept the small triangle on Lake Erie, which was afterwards added. DA WN OF NEW YORK—New York, like New Jersey, _ Delaware and Pennsylvania, Came into existence by the partition of the New Netherlands. When the Dutch authority passed to England (1664), the ‘soil of the New Netherlands passed to the * Weare sorry, for the sake of sentiment, not to be able to draw the usual picture of Penn’s treaty with the Indians. It is not historic, but a pretty piece of imagina- tion, due perhaps to West's painting of Penn, the Indians and the treaty tree. Penn’s treaty was simply Penn’s policy. WILLIAM PENN EXPLORERS AND FIRST SETTLERS. I. 65 66 , POLITICAL HISTORY OF Duke of York. We have seen how he disposed of New jersey, how he withdrew his right in order to'let Penn have a clear title to Pennsylvania, how he reserved Delaware, and now his claim to New York remained. It was not the New York of to- day, but‘Vermont ‘also, and a vague boundary to the west of the Massachusetts Colony. Nor had the Duke of York to plant a colony. It was already planted—a hardy Dutch colony, wealthy, populous, prosperous. He had but to frame a new government in a concessory spirit, and rule, through governors, an empire of strangers. But do his best, things went crooked. The republican spirit was abroad there as well as elsewhere. The local assembly became as clamorous for popular rights as that of any other colony. To deny a colonial parliament and the freeman’s voice was to deprive the colonists of the rights of Englishmen. At last, October, 1683, seventy years after Man- hattan was first occupied, nineteen years after the territory passed to the English, the representatives of the people met in assembly, and their self-established “ Charter of Liberties ” gave New York a place in the colonial brotherhood of the Atlantic. Dutchman and Englishman agreed to a bond of government whose gist was “supreme legislation in governor, council and people, in general assembly met, franchise in freemen without qualification, trial by jury of peers, taxation only by consent of assembly, no martial law, free religion.” A vast advance on Puritanism and on the State Churchism of Virginia. _ A last desperate effort was made by the Duke of York to hold defiant control of his domains and exercise arbitrary power, by a scheme to consolidate the colonies of the northeast into an empire. This attempt led to a general upsetting of boundaries and great uncertainty of titles, but the colonists were so securely nestled in their seats that few if any settlements lost their jurisdiction or identity. T DELA WARE—The three lower coun- ties‘which. the Duke of York reserved as an appendage to his New'l-‘York domain, when the charter of Pennsylvania was given to Penn, never became a part of New York, in fact. They were permitted to be ruled by the same council that was elected to rule Pennsylvania, all the people voting. But the Pennsylvania THE UNITED STATES, ' 67 strength largely preponderated in this council and its control grew irksome. So the lower counties withdrew, with the con— sent of Penn, and were incorporated into a separate government under Governor Markam. Thus did Delaware secure a sepa- rate existence (I691). It was the act of her own citizens. But one thing must be observed. The Stuart dynasty had fallen in England, and the revolution of 1688 had been completedby the induction of Protestant William and Mary. There was a new order of things beyond the water; there was to be here. Dis— tinctive Delaware was not a Stuart creation, as were all the colonies before it. It therefore had no great change to contem- plate, no ‘radical innovation to fear. It would go on smoothly, toward that destiny which awaited all the colonies, when the hour of Independence came. COLONY OF GEORGIA—Like Delaware, Georgia was ' not to be a colony of the Stuarts. Every colony thus far had its motive for existence, moral, commercial or otherwise—— Carolina for the Huguenot, Virginia for the Cavalier, Maryland for the Catholic, Pennsylvania, New Jersey and Delaware for the Quaker, New York and Connecticut for the commercial Dutchman and Puritan, Rhode Island for the Independent, Massachusetts and the Northeast for the Puritan. Georgia was to be dedicated to the cause of oppressed poverty in the old world. England and Spain had long been clashing about the Florida and Carolina boundary. England determined to settle the proud claim of Spain to a limitless Florida; in other words she determined to push her Carolina border as far down as she could, and thus open the magnificent area of the Savannah. Oglethorpe, the Penn of the South, a member of parliament, knew of it. He had long been impressed with the hardships of the British debtor laws; had seen thousands of really good but unfortunate men thrown into prison, lose their all, and their caste too, by means of them; had devised a plan of giving them a home in the new world, far from the scenes of their misery and disgrace, and where industry and freedom would enable them to recover manhood and fortune. To further this end George II. granted him a charter (June 9, I732) for the country 68 ‘ POLITICAL HISTORY OF between the Savannah and Altamaha, and from the head springs of those rivers west to the Pacific. It was the province of Georgia (after the donor) and was placed for twenty-one years under the guardianship of a corporation “in trust for the poor.” With 120 emigrants, Oglethorpe planted his ensign on the “ high bluff” where Savannah now stands. His enterprise had been undertaken with the best wishes of benevolent England. It was welcomed by the natives of every neighboring tribe. Under the happiest auspices Oglethorpe began the Common- wealth of Georgia, “a place of refuge for the distressed people of Britain and the persecuted Protestants of Europe.” And it was truly a refuge (but not for Catholics), for there came num- bers from England, from other colonies, and many Moravians from the continent of Europe. Augusta was laid out, 1734. Oglethorpe’s government was somewhat crude, but it proved’ yielding and the colonists soon enlarged it to suit themselves. While it proscribed Catholics, it prohibited slavery. The fame of this youngest colony was much spread by Oglethorpe, who returned to England after a residence here of fifteen months. Scotch mountaineers came and pitched at New Inverness. Oglethorpe himself returned with large Moravian reinforce- ments. The enthusiasm of religion was abroad in the new country, and the colonists did not fear death. They were therefore brave to shove the Spanish back and make for Eng- land a southern border. Pushing to the St. John’s and claiming it as the line, they planted Fort St. George, as the defence of the British frontier. At this Spain rallied. Negotiations ensued, and St. Mary’s became the southern boundary of Oglethorpe’s colony. But war soon followed, for England was not- satisfied with the Spanish presence in Florida at all, neither was Spain satisfied with the Protestant menace which now hugged so closely her northern border. Oglethorpe valiantly defended his colony, drove off the Spaniards, and the “pious experiment” was on a substantial footing. The transition of power from the corporation of Georgia, at the expiration of its twenty-one years, to the people was easy, and sovereignty was as free and fully representative as in any colony. THE UNITED STATES. 69 RE V OL UT [ON OF 1688.——One thing at least is clear in this sketch of colonial creations. The king ever denied the right of the English parliament to interfere with his power to grant lands and to ordain governments for them. The Stuarts clung to this principle with Spartan tenacity. ' Another thing is equally clear. The colonies, accepting the Stuart doctrine, always claimed exemption from the laws of the British parliament. But in doing so they did not thereby fall back entirely under the legislation prescribed by the king. Colonists claimed the rights of Englishmen. Among those rights was that to a parliament or assembly. Local legislation was theirs by their birthright as Englishmen. Sovereignty meant the same thing here as at home. This at first, and after- wards vastly more, for the colonists had come here because their voice was not large enough at home, nor their rights as freemen broad enough. Here the word freeman meant vastly more than at home. The American assembly was therefore more clearly representative, more popular, more directly responsible. All freemen were in general eligible to it. There were no titles, no estates, nothing to hamper full, free representation. The republican or democratic spirit which had been under- mining the Stuart dynasty at home and shaking monarchical institutions to their centres, here found that expression denied it at home. It here won a victory which the king withheld from his own parliament. But the time had come in England when Englishmen must speak more firmly through their parlia- ment. It too must be made stronger against royal claims; in other words must become more truly representative of the wishes of the people. The Stuart who would further defy public opinion, who would blindly arrogate legislative power, who would refuse to move with the age and in obedience to overwhelming sentiment, must abdicate. . This was the revolu- tion of 1688. For thev glory of England they'passed from the throne, leaving as their monuments in America a tier of Atlantic colonies which owed their titles and limits to royal charters, but which in liberty and enlightenment were an hundred years in advance of the last representative'of the line. i 70 POLITICAL HISTORY OF They were gone. The tide of liberty had rolled so high, even in England, as to engulf them. The people had assumed to sit in judgment on divinely appointed royalty. The old idea of a Christian monarchy resting on the law of God was exploded, and political power was to seek its origin in compact. Nothing was to bind freemen to obey government save their own solemn agreement. Power for the Stuart was a right. Power hence- forth was to be a trust, whose violation dissolved the obligation to allegiance. Supreme power was to be in the legislature, which was the true embodiment of the sovereignty of the peo- I ple. In 1688 England had gotten as far on as Massachusetts in I620, or, for that matter, as any of the colonies at the date of their foundation. Yet not so far, for the parliament that arose to the full height of English sentiment in expelling the Stuarts and assuming to act as the guardian of power for the people, too boldly stood in the king’s shoes. It was well enough at home, but when it claimed the right to legislate for the colonies, it was doing far more than smiting a dead Stuart; it was doing, now that there was no Stuart to interpose his despotic veto, that which would arouse in America a sentiment of opposition full of remonstrance at first, full of revolution at last. ' The parliament’s fight was always with the king; now it would be direct with the colonies. Thus,,by a strange conjuncture of affairs, the very dynasty which had all along stood in the way of English progress and reform, had been not only the protec- tion of the colonies, but the chief contributor to the triumph of the republican spirit within them and to their ultimate inde- pendence. But as yet the consequences of the change in dynasty could not be foreseen. Even if some prophetic soul could have taken in the next century as far down as to I 776 or I 783, and proclaimed what it saw in tones sufficiently loud to have been heard by every Colonist, the rejoicing over the accession of William III. and Mary would not have been less spontaneous and emphatic. Charters which existed had been overlapped and confused be- yond comprehension. Charters which covered heady and oppos- ing colonies had been unceremoniously and ruthlessly cancelled. THE UNITED STATES. 71 Many colonies had fought the battles of the new American institution and civilization against the king’s claim of legislative interference, to the very verge of despair and surrender. But above all the new dynasty was confirmedly Protestant, and in that respect representative of a great majority sentiment at home and in the colonies. A source of fresh colonial inspiration, it began by rejecting the old order of things. Cancelled charters were restored. New governors were commissioned. There was jostling here and shaking up there, but in general the liber- ties of the people became more securely imbedded in well-under- stood forms of law. Prosperity was not retarded, nor faith in colonial experiment weakened. The grand result was a rebound of strength and confidence, and a new departure in colonial spirit and enterprise. Only on one side was the sky dark, and there hovered the cloud of the. rejuvenated English parliament. The seeds of the American revolution had ever been in its claim of a right to legislate for the colonies. Now the seeds were bursting through the ground, for parliament was already legis- lating on American commerce; they would grow and bear bloody fruit when the avowal came that the right existed to legislate for them in all cases whatsoever. . STATE OUT LINES—We have now taken a hasty view of English titles to the territory on the Atlantic coast. We have followed the divisions of that territory among the colonies, and seen how each colony got metes and bounds. Further, we have endeavored to give a reason for the existence of each colony, its underlying and actuating motive for colonization, the class of mind that took part in the work of pioneering, the shape their new institutions took almost from the start ; and especially have we tried to impress on the reader a knowledge of the active political spirit, ‘the love of freedom, the desire for unfettered per- sonal sovereignty, the rapid growth of the democratic idea and republican institutions, in the new land, all in spite of firm attach- ment to monarchy, and because the men, the time, the country, made other results impossible. One can already see in these beginnings the dawn of the full state institution. The spirit which permeated each colony at 72 POLITICAL HISTORY OF the time of the English revolution of 1688 did not change, ex- cept as it grew larger, freer, bolder, till the colonial yoke was broken.* And so one can see in the confused and overlapping boundaries of these colonies the dim territorial outlines of the thirteen original States. Indeed some, as Delaware, Maryland, Rhode Island, never afterwards shifted their colonial limits. With others, time brought about many geographic changes, and settled grave questions of boundary which arose chiefly from the fact that their charters and grants were either open at the western end, or extended clear through to the Pacific. The names of the colonies became the names of the respective States both under the articles of confederation and the present federal constitution. FRENCH EMPIRE—Though the Dutch, the Swedes, and the French had passed from the Atlantic front of the present United States, the latter were still the proud claimants of vast and fertile areas North, West, and South. French adventure in America was a strange admixture of commercial and religious zeal. A single person was often priest, trader, and colonist. As already seen, the French advent was early. Years before the Pilgrims anchored at Cape Cod, French missionaries had planted a Roman Church in eastern Maine (1615), and Le Caron, sub- sisting by alms from the natives, had, on foot and in canoe, pushed his way to the rivers of Lake Huron (I616). The grant of New France to Richelieu, Champlain, Razilly and the hundred associates, by Louis XIII. (I627), embraced the St. Lawrence basin, and that of all rivers running into the sea (hence the French claim to Maine and New York), and also all the country * 5‘ Even if the colonists disclaimed any present passion for independence, they were, in the inherent opposition between their principles and the English system, as ripe for governing themselves in 1689 as in 1776.”-—Baneroft, vol. iii., 109. “ The independency the colonies thirst after is notorious.”-—Bn'tz'slz Lords of Trade, in 1701. “Commonwealth notions improve daily, and if it be not checked in time the rights and privileges of English subjects will be thought too narrow.”--Quarr_y, writing in 1703. “ The colonists will in time cast off their allegiance and set up a government of their own.”—Prg'rzt, of 1705. THE UNITED STATES. 73 south of Virginia and north of Spanish Florida (perhaps even all Florida).* To the West all was open, and to the Jesuit was entrusted the work of enlarging the French Dominion. Cham- plain held and peopled the line of the St. Lawrence. Brebeuf and Daniel pierced the Huron possessions, chanting their Te Deums among the pines and bringing the tawny natives to see the light. Quebec and Montreal got to be important towns, and the great lake water-ways became familiar. Frenchmen stood looking into the land of the Sioux, the great valley of the Mis- sissippi, five years before Eliot addressed the Indian in the vicinity of Boston. Marquette established the Mission of St. Mary, at the outlet of Lake Superior, in 1668. It was the oldest settlement by Europeans within the present State of Michigan, but was not permanent. He projected the discovery of the true Mississippi, and designed to plant the banners of France‘ on the Pacific or by the side of Spain, on the Gulf of Mexico. With Joliet for a companion, they ascend the Fox River, cross to the Wisconsin, and in two birch-bark canoes “ happily float down the great river” between the wide plains of Illinois and Iowa, to Des Moines, then past the great Missouri, the Ohio (then called Wabash), and on to the Akansea (Arkansas). There they found that the Father of Rivers went, not into the ocean east of Florida, nor yet into the Gulf of California. Returning, they ascended the Illinois, passed up through Chicago to Lake Michigan (Lake of the Illinois), and on to the Green Bay Settlement (1673). La Salle took up the wondrous tale and added one of its most brilliant chapters. His towns mark his trail. Leaving Niagara in 1679, he was at the site of Detroitfl' Mackinaw, up the St. *This New France of the South was the portion Coligny designed to settle with Huguenots, and after him Raleigh. It passed naturally from France to England, because both countries were anxious to see Raleigh redeem Coligny’s failure, and to have a Protestant barrier set up against Spain’s Catholic Florida. TDetroit was permanently settled by De la Motte Cadillac, with one hundred Frenchmen, in June, 1701. It is the oldest permanent settlement in Michigan. Michigan, therefore, has a history back of Georgia, and is the oldest of the Western States with, perhaps, the exception of Illinois. We say per/zaps, because the claim is made that Kaskaskia (111.) was the oldest permanent European settlement in the valley of the Mississippi. It was founded by Father Gravier, as a Jesuit Mission, 74 POLITICAL HISTORY OF i joseph, and over at Kankakee.- While Hennepin took in the upper Mississippi, perhaps to its source, La Salle studied the valleys of the Ohio, Illinois and Tennessee, and in 1682 descended the Mississippi to its mouth, realizing Marquette’s dream of plant- ing the arms of France on the Gulf. It was named Louisiana, in honor of Louis XIV., and “ the terrestrial paradise of America,” “the delight of the New World.” By 168 5 a colony came for Lou- isiana, but striking Matagorcla Bay, it stopped there, and made Texas a part of the French Empire in America. By no treaty or document did France ever relinquish her hold on Texas ex- cept by the general cessions of Louisiana. For years France clung tenaciously to her magnificent Amer- ican possessions, the richest, best watered, most boundless, owned by any foreign nation. Though an active and indefati- gable Colonist, her institutions were too far behind the age, too much infused with Romanism, too feudal in character, to find high or permanent development in the new soil. By 1706 her title to the New France of the South, between Virginia (really the ‘Carolinas) and Florida, had been wholly merged in that of England. In I 71 3, Acadia (Nova Scotia and part of Maine) was ceded to the English. It “ was the most important part” of the New France of the North. There was a general withdrawal of all French claims to the line of Lake Champlain, and to the set- tlements in New York. But by 1721 they were back at Niagara, and stout claimants for, as well as actual occupants of, their St. Lawrence possessions. Their Louisiana, which had not been affected by the peace of Utrecht (I 7I 3), was a wonderful country. Blending with New France on the line of the lakes, and cut off nowhere in the north except by the possessions of the Hudson Bay Company in the extreme northwest, it ran to the gulf at Mobile, swept the gulf line to the mouth of the Rio Grande, then up to the Red River ridges, then west to the Gulf of California. These were ideal but the date is not known exactly. He was in Illinois in 1693, and probably his mission was then founded. The fact that Kaskaskia got to be an important mis- sionary centre may have helped to give it rank as the oldest permanent settlement of the West. ' THE UNITED STATES. 75 bounds, but such as France was willing to maintain against both England and Spain. Not a fountain flowed west of the sources of the Allegheny, Monongahela, Kanawha or Tennessee which did not rise in French soil. What a menace to the British colonies! What a barrier to westward advancement! Such could not long be. By the tripartite treaty of February 16, I 763, between England, France and Spain, France ceded to Eng- land all Canada and all of her Louisiana east of the Mississippi and as far south as the Iberville River, thence eastward to the sea. This left her only a small strip along the gulf, east of the Mis- sissippi, and her immense domains west of that river. But only for a moment. On the same day all that was left of Louisiana on the continent was ceded to Spain. France was virtually out- of the country. It had been a war (the Seven Years’ War) for new territorial adjustment, both in Europe and America, and even in view of the results on this continent alone, well may George III. have said: “England never signed such a peace before, nor, I believe, any other power in Europe.” RESULTS OF FRENCH LOSS—Moreover, it had been a war largely fought on American soil. Never before had the forests of the New World reverberated the steady tramp of so many armed and disciplined men. At Lake George alone there assembled an army of I 5,000 from. New York, New Jersey and New England for the grand assault on Canada. To the south the forces of Virginia, Maryland and, Pennsylvania fell into line to move on Fort Duquesne, and embalm the name of Pitt in the border town (Pittsburg), which was to stand as the gateway of the west so long as the Allegheny and Monongahela shall flow to form the Ohio, or the English tongue shall continue to be the language of freedom in the boundless areas traversed by their waters. And still farther to the south arose the clangor of camp and din of war. France would strike the rear of Virginia and the Carolinas by means of the Indians in the fastnesses of Ten— nessee, fed and spurred on by food and counsel from the line of the Mississippi. The rangers of the Carolinas did their best to puncture the eastward moving centre of the mighty Cherokees. If they failed, failure was not disastrous, for peace covered dis- 76 POLITICAL HISTORY OF comfiture with the bloom of new auspices, and a knowledge of the Tennessee and Cumberland valleys had been gained which would soon be turned to good account. THE AMERICAN OUTLOOK—If the English king and Protestant Europe could justly fall into raptures over the im- mense results of the war in America alone, much more could the colonies pride themselves on such results. They had opened an empire for themselves beyond the Alleghenies, across the prairies, even to the father of waters. The acquisition repre- 'sented their money, valor and blood. Even the plan of striking France through her New France and Louisiana was American, and due to the sagacity of our Own Franklin. Then its result here ‘was not a mere riddance of a powerful neighbor, not a mere acquisition of limitless, fertile acres. It was proof that the colonies could stand together in the face of a common danger, evidence that thus compacted they had all the elements of a nation, and especially that of strength to defend themselves against Old world aggression, however skilfully armed and boldly pushed. With confidence, therefore, they peeredfrom the peaks of the Alleghenies into their western valleys, and with a fervor, too, equal to that of Marquette, who, seventy years before, stand~ ing on the margin of the lakes, cast his prophetic eye to the gulf and saw the French lily bloom perennially amid the wild flowers of the prairies. Thus contemplating a political mastery which ranged from the gulf to the poles, whose forms of institu- tion, law and literature were to spread the English tongue more widely than any that had ever given expression to human thought, the gazers from their mountain tops might well have chanted in chorus Ban'croft’s sublime apostrophe: “ Go forth, then, language of Milton and Hampden, language of my country, take possession of the North American conti- nent! Gladden the waste places with every tone that has been rightly struck on the English lyre, with every English word that has been spoken well for liberty and for man! Give an echo to the now silent and solitary mountains; gush out with the foun- tains that as yet sing their anthems all day long without response; fill the valleys with the voices of love in its purity, the pledges THE UNITED STATES. 77 of friendship in its faithfulness, and as the morning sun drinks the dewdrop from the flowers all the way from the dreary At- lantic to the Peaceful ocean, meet him with the oyous hum of the early industry of freemen! Utter boldly and spread widely through the world the thoughts of the coming apostles of the people's liberty, till the sound that cheers the desert shall thrill through the heart of humanity, and the lips of the messenger of the people’s power, as he stands in beauty upon the mountains, shall proclaim the renovating tidings of equal freedom for the race ! ” DRIFT TO I/VARD INDEPENDENCE—The plans of kings, as well as those of ordinary mortals, go oft awry. The wisdom of statesmen however shrewd may become a torment to nations. When England drove out the Stuarts, and enthroned Protestantism in the person of William III. and Mary, she un- wittingly strengthened the hands of aristocracy, and organized a parliament which in support of its own claims to authority could never consistently surrender its control of the American colonies. Here. was the beginning of independence and revolu— tion. Now, by the Treaty of Paris (1763), and the cession of her American possessions to England and Spain, France had very deftly shifted the whole colonial policy of Europe. Her states- men saw that for France to attempt to maintain colonies in New France and Louisiana, was to incur constant wars and expend- itures, if not to attempt impossibilities. They saw that her monarchical forms simply shut off from her American colonies even her own philosophy, economy, industrial genius, legal skill, and ideas of Protestant freedom, and that without these, or even better than these, no American colony could be made to live permanently and prosper vigorously. They saw that the exhausted polity of the middle ages, the castes of feudal Europe, the despotism of infallible churchism, the titles of nobility, the leases of land to vassals, and vassalage itself, could not be perpetuated, where men who held the plough were the bone and sinew of the land, and the only hope of colonial success. And seeing these things—the power of England and Spain 78 POLITICAL HISTORY OF had opened their eyes to them—they were not afraid to make confession of them by that surrender which left France without a patch of American ground. I‘ And they saw other things too. They saw that as England held‘ the Atlantic front, her future colonial policy would be largely commercial. If France should add to this front a do- main extending to the Mississippi, to the gulf, and to the pole, it would make England’s policy both political and commercial. It would sharpen the desire of her parliament to rule it from home, and would make anxious and determined that authority, which nothing but revolution could shake. In a word, it would fully commit England to a dominion in America, in accordance with her own forms of law. And thus committed, France saw that the British situation would be full of dangers. Far ad- vanced as England was, it would still be like an attempt to fit a dead carcass to a living soul, for English-America had English liberties in greater purity, and with far more of the power of the people than in England. The colonial inhabitants were self- organized bodies of freeholders, natural forest-levelers, industrious soil-winners, bold pioneers, pushing their way farther and farther each year, and scorning to take any step backward. They had schools, printing presses, books, newspapers, lawyers, doctors, ministers of their own choosing. They were self-helpful in private affairs, and confident of their ability to care for them- selves politically through their local legislatures and municipal corporations. They were proud of their dwelling-place, and had unbounded faith in its future, under their own management. They were strong numerically and physically, and had ust showed that they were capable of union both for defending the flag of England, and driving off the French foe that hovered all along their northern and western border. That menace removed, the need of reliance on England for protection against France no longer felt, left alone to confront only the attempt of England to fasten on them her obnoxious laws, what wouldn’t they do P France saw what they would do, and knew what they were capable of doing. Her surrender of Canada and Louisiana was therefore a blow at England. She would turn the force to which THE UNITED STATES. 79 she had to succumb into a weapon with which England might cut, her own colonial throat.* BAD FIX OE EN GLAND.——The Treaty of Paris (1763) left England with a debt of $700,000,000, half of which was due to The Seven Years’ War. She got nothing in Europe to com- pensate her. But she got, in America, Canada and the Ohio Valley. With her rule of the former we have nothing to do. The latter came directly to her Atlantic colonies. As they pro- fited, therefore should England profit. Here began that scheme of parliamentary control which was designed to make the col- onies pay as much of the English war debt as possible, which took exclusive jurisdiction of their commerce, which imposed burdensome taxes, which denied representation in the British parliament, and which culminated in the claim of a right to ex- clusive legislative jurisdiction. The colonial charters should all fall and one uniform system of government be substituted in their stead. To make sure of order and strict enforcement of law, a part of the standing army was to find quarters in the col- onies and be supported at their expense. The father of the *This policy of France, even if a compulsory one, was far-sighted and clung to with the greatest tenacity. She had studied it long and well, and its merits were recognized by shrewd observers, long before the game was exposed by the surrender of her American territory. As early as 1748 it was reasoned in New York that the conquest of Canada by relieving the northern colonies from danger would hasten their emancipation. A Swedish traveller, in that year, published the same in Europe as his impression. It was an early dream of John Adams that the “re- moval of the turbulent Gallics,” would be a prelude to the approaching greatness of the country. The French minister of foreign affairs warned the English envoy that the cession of Canada would lead to the independence of North America. When New France surrendered, Choiseul, a Frenchman, exclaimed, “ We have caught them (the English) at last.” Vergennes said, “ England will ere long re- pent of having removed the only check that could keep her colonies in awe. She will call on them to contribute toward supporting the burdens they helped to bring on her, and they will answer by striking off all dependence.” Lord Mansfield de- clared, “ Ever since the Treaty of Paris I always thought the Northern Colonies were meditating a state of independency on Great Britain. France backed the policy thus begun by aiding the colonies when they did strike for independence. And so Napoleon, to further aid the commercial supremacy of the United States and cripple that of England, got possession of Spanish Louisiana, only to turn it' over to this country.” 80 POLITICAL HISTORY. scheme was the .celebrated Charles Townsend, English First Lord of Trade, with the administration of the colonies, who was ~ supposed to know more about American affairs than any other man. It struck parliament March 9, 1763, in the shape of an American tax-bill, and almost immediately the colonies, espe- cially those of the north, began to thunder back their resentment. The horns of parliament and the colonies were locked in that dread encounter which in thirteen years would result in inde- pendence. FIRST COLONIAL C ONGRESS—Townsend’s Tax scheme was known to be the forerunner of the Stamp Act, Sugar Act, and Tea Act, which, when they came, would crown the power of parliament to get into the homes and pockets of the American colonists. The sentiment of protest therefore became as lively as if these acts were already a fact. The stream of resistance ran rapidly and angrily, and bore along inevitably toward the final plunge into revolution. The eloquent voices of Samuel Adams and James Otis were heard in Massachusetts, and a Boston town-meeting, protesting loyalty to the crown, pleaded for the rights of “the free-born subjects of Great Britain in America.”* A response was heard from the Rhode Island assembly, where Stephen Hopkins was governor (1764). New York, which had moved in 1759, now seconded her first motion. North Carolina expressed her concurrence with the views of Massachusetts in the same year. And soon Connecticut, Pennsylvania, South Carolina, and Virginia joined their voices of remonstrance to the chorus, which was now heard high above the din of waves * Otis argued that the original ,possessors of power were the whole people ; that the colonies enjoyed the right of governing and taxing themselves through their local legislatures; that there was no proscription old enough to supersede the law of nature and the grant of God Almighty, who had given all men a right to be free; that nothing but life and liberty were hereditable; that in solving the grand political problem the first principle must be the equality and power of the whole. And these became the prevailing Whig (anti-Tory) views of the day and the colonial cause. The party names were Whigs, Patriots, Sons of Liberty, these for the colonists opposed to taxation; and Loyalists, Tories and Friends of Government, these for the parliament and crown. \ ti ~. §_.=\\ *1 he!» .\. .Hx @CSCmHt >U>gm. 81 82 ' POLITICAL HISTORY OF on the whole Atlantic front. Plea followed plea, for justice; petition after petition wasv sent over for parliament to stay its hard, heavy hand. Argument after argument was advanced in ' favor of free colonial existence, subject always to that depend; ence which had existed from the start. Parliament persisted. Townsend closed his mightiest effort in favor of the Stamp Act (I765) with “These children of our planting,(the colonists), nourished by our indulgence until they are grown to a good degree of strength and opulence, and protected by ‘our arms, will they grudge to contribute their mite to relieve us from the ' heavy load of national expense which we lie under?” To which Colonel Barre, with eye darting fire and voice full of emotion, replied: “ Children planted by your care? No! your oppression planted them in America. They fled from your tyranny into a then uninhabited land where they were exposed to almost all the hardships to which human nature is liable, and among others to the savage cruelty of the enemyof the country —a people the most subtle and terrible of any that ever in— habited any part of God’s earth; yet, actuated by principles of true English liberty, they met these hardships with pleasure, compared with those they sufferedw in their own country from the hands of those that should have been their friends. “ They nourished by your indulgence? They grew by,your neglect of them. As soon as you began to care for them, that care was exercised in sending, persons to rule over them ‘in one department and another, who were perhaps the deputies of some deputy of members of this house, sent to spy out their liberty, to misrepresent their actions, and to prey upon them—men whose behavior on many occasions has caused the blood of those Sons of Liberty to recoil within them—men promoted to the highest seats of justice; some, to my knowledge, were glad by going to foreign countries to escape being brought to, a bar of justice in their own. “ They protected by your arms ? They have nobly taken up arms in your defence, have exerted their valor amidst their con- stant and laborious industry for the defence of a country whose frontiers, while drenched in blood, its interior parts have yielded THE UNITED STATES. 83 all its little savings to your enlargement; and believe me—re- member I this day z‘oldyou so—that the same spirit which actuated that people at first will continue with them still. But prudence forbids me to explain myself further. God knows I do not at this time speak from motives of party heat. What I deliver are the genuine sentiments of my heart; however superior to me in general knowledge and experience the respectable body of this House (of Commons) may be, yet I claim to know more of America than most of you, having seen and been conversant in that country. The people there are as truly loyal, I believe, as any subjects the king has ; but a people jealous of their liberties, and who will vindicate them, if they should be violated. But the subject is too delicate. I will say no more.” Imagine the effect upon the colonists of a speech like this fired right into the midst of a Tory parliament! Otis suggested to the Massachusetts assembly a meeting of committees from all the assemblies of the colonies and a circular was sent out to such assemblies, to secure joint action in opposing the English policy. Now, England trusted her entire policy of taxation to the assumed fact that union among the colonies was impossible. As the response to the Massachusetts circular was slow, it began to seem as if the English idea were, for the time being, correct, but Virginia sprang into the front, and her Patrick Henry, against the opposition of such as Bland, Pendleton, Randolph, and Wythe, startled her House of Burgesses with his warning flash of history: “ T arquin and Caesar had each a Brutus; Charles the First his Cromwell; and George the Third [cries of treason! treason !] may profit by their example!” The result (1765) was a series of resolutions whose gist was no obedience to a law imposing a tax not sanctioned by the general assembly. Rhode Island agreed to act in concert with Massachusetts. South Carolina, through the influence of Gadsden, selected coma missioners. Pennsylvania and Connecticut acted similarly. All the thirteen colonies either expressed sympathy or chose dele~ gates. “Join or die” became a favorite motto. The “Sons of Liberty ” were organized, who meant opposition of the most determined character. “ Liberty, property, and no 84 POLITICAL HISTORY. stamps” was the greeting prepared for the English stamp dis— tributors.* The congress met in the City Hall, New York, Oct. 7, I 765. It consisted of twenty-eight delegates from nine colonies, four, though sympathizing with the movement, not choosing repre- sentatives. For the first time the patriots of America were together on the question of entire colonial union. It published a declaration of rights and grievances, expressing loyalty to the king, respect for parliament where it had a right to legislate, claiming the rights of English-born subjects, affirming the injus- tice of taxation without representation, setting forth the adequacy of their own local legislatures to attend to all their local con- cernsri An address to the king was prepared in the same spirit. The congress adjourned on the 25th of October. There was something now to give coherency to debate and resolution in the respective colonies. The Whig and Tory parties in each could talk to a point, and they did with a direct- ness and vehemence which made the forest assemblies ring. * The Stamp Act passed the House of Commons Feb. 27, 176 5, and the House of Lords March 8, 1765. It introduced direct taxation into the English policy. But for the fact that it was carrying that policy to the uttermost, it should not have been as objectionable as the previous navigation acts which virtually limited Ameri- can trade to England alone. Americans could get no commodity of use to them, from any nation, other than England, without collecting a heavy duty on it for England’s benefit. And now, under the Stamp Act, stamps were to be paid for and affixed to all legal and commercial transactions of moment. 1' The colonies represented were: Massachusetts, by James Otis, Oliver Partridge, Timothy Ruggles. South Carolina, by Thomas Lynch, Christopher Gadsden, John Rutledge. Pennsylvania, by John Dickinson, John Morton, George Bryan. Rhode Island, by Metcalf Bowler, Henry Ward. Connecticut, by Eliphalet Dyer, David Rowland, William S. Johnson. Delaware, by Thomas McKean, Caesar Rodney. Maryland, by William Murdock, Edward Tilghman, Thomas Ringgold. New Jersey, by Robert Ogden, Hendrick Fisher, Joseph Bordon. New York, by Robert Livingston, John Cruger, Philip Livingstone, William Bayard, Leonard Lespinward. Virginia, New Hampshire, Georgia and North Carolina did not send delegates. Delegates present from only six of the colonies signed the proceedings of the con- gress; New York, Connecticut and South Carolina delegates not being authorized to sign. l /,/ .7" 'AIINGIH ‘:IQIHLVJ (I /./// /// f 7/1””, . I ‘ I, - /-’V (/O ‘e5’ , ,j {at ,/’ \ -- j \ \ \\ _,_ ‘a (NNNNNI '~\\\l\”‘l\ \ N NW \ \ We‘.- ,_> \ \‘~ \ \ \S \\\\\ \\ ~~ ._ _.. -~ “\ \\\\\ ‘ \ \ (‘f-v" v . \ _ “QM \ v _ k 'NrIxNvua NIItvfNaa 86 POLITICAL HISTORY. The turmoil grew thicker and louder, and the voice of remon~ strance turned to angry, desperate threat of everlasting resist ance, when the odious Grenville ministry fell and the Rocking- ham Cabinet took its place. It had an ear for colonial plaint, and Franklin* was there to fill it with his wisely weighed * Grenville. “Do you think it right that America should be protected by this country and pay no part of the expense P ” Franklin. “ That is not the case : the colonies raised, clothed and paid during the last war (with France for Canada and Louisiana) 25,000 men and spent many mil- lions of pounds.” Grenville. “ Were you’ not reimbursed by parliament ? ” Franklin. “Only what, in your opinion, we had advanced beyond our propor- tion, and it was a very small part of what we spent. Pennsylvania spent ,6 500,000 and got back £60,000.” Grenville. “ Do you think the people of America would submit to pay a stamp duty, if it were moderated?” ' ' Franklin. “ N 0; never. They will never submit to it.” Grenville. “ May not a military force carry the Stamp Act into execution?” Franklin. “ Suppose one were sent to America; they will find nobody in arms, what can they do? They cannot force a man to take stamps who chooses to do without them. They will not find rebellion ; they may, indeed, make one.” Grenville. “ How would the Americans receive a future tax, imposed on the same principle with that of the Stamp Act?” Franklin. “ just as they do this; they will not pay it.” _ Grenville. “ What will be the opinion of the Americans on the resolution of parliament asserting the right to tax them?” ' Franklin. “ They will think it unconstitutional and unjust.” Grenville. “ How would they receive'an internal regulation connected with the tax? ” Franklin. “ It would be objected to. When aids to the crown are wanted they are, according to the old established usage, to be asked of the assemblies, who will, as they always have done, grant them freely. They think it extremely hard that a body in which they have no representation should make a merit of giving what is not its own, but theirs.” ' Townsend. “ Is not the post-oflice which they have long received a tax as well as regulation i‘ ” _ Franklin. “No; the money paid for postage of letters is a remuneration for service done.” Townsend. “ If a small tax were levied, would they submit? ” Franklin. “ They will oppose it to the last. The people will pay no internal tax imposed by parliament.” , Grenville. “ But suppose the internal tax to be laid on the necessaries of life? ” Franklin. “ I do not know a single article imported into the northern colonies but what they can do without or make themselves. The people will work and spin for themselves in their own houses. _In three years there may be wool and manu- factures enough.”-Condensed from Bancrofl, vol. v., 430-433. THE UNITED STATES. 37 words of remonstrance and counsel. The Stamp Act was re- pealed March 18, I766, and a thrill of joy was felt throughout colonial America. Liberty Tree in Boston was lighted with lanterns: South Carolina voted Pitt, the Whig leader in the House of Commons, a statue; Virginia an obelisk to the king. The resolutions and address of the first American Congress, which had called a halt in parliament, were thus being rever- berated through the colonies. AN AMERICAN PART l/l—But joy was soon turned to sorrow. Pitt left the Commons and went into the House of Lords, as Earl of Chatham. This brought the odious Charles Townsend to the front again in the Commons, and he was at his old scheme of American taxation, this time in a form even more objectionable than the Stamp Act. An ‘export tax was to be collected on all goods sent to America. Any American assem- bly which dared to discuss the measure or appoint delegates to a convention or congress whose object was to remonstrate against it or to take further steps toward colonial union, was to be regarded as seditious, and if need be dispersed. Again the colonies were in a ferment. This time the sentiment of union and independence was deeper and bolder. Every colony agreed to resist to the utter'most the claim of the parliament. The result was a partial repeal of the obnoxious act, but the danger was not wholly removed. What had been all along a patriotic public opinion was now becoming an anti—English or American party. The demand becameispecific for a Union and a Con- gress, and it was urged that such a union, firm and perpetual, would be a sure foundation for freedom and the great basis . of every public blessing. All the colonies were enjoined to ' prepare to act as joint members of the Grand American Com- monwealth. TEA ACT AND A CONGRESS—The Tea Act of I773 was an effort to tax the colonists for the benefit of a mere trading company. The mighty surge of passion now plainly meant resistance. ' The demand was for a “ Congress of Ameri- can States to frame a bill of rights or form an Independent State, an American Commonwealth.” Thus thundered the Press 88 POLITICAL HISTORY. throughout the colonies. “ Union, Union, was the first, the last hope for America.” The contents of the Boston tea-ships were emptied in the harbor. Those for Philadelphia put back with- out unloading. Those‘for Charleston landed their contents to have them perish in the cellars. The ministry had chosen the least effective way of governing, and the most effective way of uniting the colonies. Louder than ever cried the Press; “No time is to be lost; a Congress or meeting Of the American States is indispensable, and what the people wills shall be effected” (I773). The predicament of parliament was getting more desperate every day. It must recede, or coerce the defiant colonists. >The Boston Port Act ( I 774) was coercive. Now, said Samuel Adams, “Not only common danger, bondage and disgrace, but national truth and honor, conspire to make the colonists resolve to stand or fall together.” On the flag floating over the popular assemblies which gathered everywhere was the legend “Union and Liberty.” Wrote Ezra Stiles, “If oppres- sion proceeds despotism may force an annual congress; and a public spirit of enterprise may originate an American Magna Charta and a Bill of Rights, supported by such intrepid and persevering importunity as even sovereignty may hereafter judge it not wise to withstand. There will be a Runnymede in America.”* A population of two and a half million colonists were in action, moving steadily forward, marching together toward an end which Providence had marked out for them. Plans for a Congress were well under way. Delegates were being selected and instructed, and the talk of Independence, Union and force was universal. The calm Washington said in the Virginia Convention, “I,will raise one thousand men, subsist them and equip them at my own expense, and march myself at their head for the relief of Boston.” ‘i At ten o’clock, Sept. 5, I 774, delegates from twelve colonies (Georgia did not elect) met at Carpenters’ Hall, Philadelphia, and began the Sessions of * Holeme’s Life of Stiles. The time of the writing was July 1, 1774. 1' August, 1774, Works jobz Adams, ii., 360. Lynch of South Carolina said to John Adams this was the most eloquent speech that ever was made. “ \s “{§~~E ‘- I it ' _\ ‘ %\“\‘ \E‘ ‘Q “s \\ $- \ .' r \ ‘ r I i ' .\\\\\\\‘I- ~ ‘\ \ \\\§\\\\\ \1\\\\ ‘\T\\\_\ \{\\\\ \' CRETE}? 'HOEI‘L‘IVH NOISOtI NI VELL .dO NOLLDHHISEICI \\ \ v . ‘.\\ \Q‘w \\ 7 I H ' l— _-_J!‘ . 89 9'0 POLITICAL HISTORY OF the First Continental Congress.* They came well instructed and full of the work in hand, literally forced together by a common grievance. The. spectacle was one calculated to im- press any beholder. Differing in religion, commercial interests, in everything dependent on climate and labor, in usages and manners, and swayed by prejudices, even quarreling about boundaries, the colonies found themselves in one representative body, and the exponent of a power that was to be felt throughout the civilized worldij _ CONGRESS AND UNION—“To petition for redress, to restore harmony between Great Britain and America.” On this basis the Congress started, with Peyton Randolph as president. “ Each colony should have one vote; ” this after animated de- bate. The Congress sat with closed doors. Word came that Gage was firing on Boston. This nerved the members. Gallo- way’s Tory plan for governing the colonies as dependencies of Great Britain was rejected, and the vote showed that the Whigs had control of the Congress. A resolution of sympathy with, and approval of, the conduct of the Massachusetts people was * The colonial Congress of 1765 at New York was properly speaking a conven- tion. So of that at Albany in 1754. 1- The delegates were, in the order of their choosing by the colonies: Rhode Island, Stephen Hopkins, Samuel Ward. Massachusetts, Thomas Cushing, Samuel Adams,- John Adams, Robert Treat Paine. Maryland, Matthew Tilghman, Thomas Johnson, Robert Goldsborough, William Paca, SamuelChase. Connecticut, Eliphalet Dyer, Roger Sherman, Silas Deane. New Hampshire, John Sullivan, Nathaniel Folsom. Pennsylvania, Joseph Galloway, Samuel Rhoades, Thomas Mifflin, Charles Humphries, John Morton, George Ross, Edward Riddle. New Jersey, James Kinsey, William Livingstone, John Dehart, Stephen Crane, Richard Smith. ' ' Delaware, Caesar Rodney, Thomas McKean, George Reed. South Carolina, Henry Middleton, John Rutledge, Thomas Lynch, Christopher Gadsden, Edward Rutledge. Virginia, Peyton Randolph, Richard Henry Lee, George Washington, Patrick Henry, Richard Bland, Benjamin Harrison, Edmund Pendleton. North Carolina, William Hooper, Joseph Hewes, Richard Caswell. New York, James Duane, John Jay, Philip Livingston, Isaac Low, William Floyd, Henry Wisner, John Alsop, John Herring, Simon Boerum. THE UNITED STATES. 91 passed and ordered to be sent to Gage. On October I4, 1774, the celebrated Bill of Rights was agreed upon. With the excep- tion of two articles it was adopted unanimously. It was passed with the hope that it would lead to a permanent colonial union, self-supporting, self-governing, yet a union unbroken in its con- nection with England. The next step was coercive. The Con- gress agreed to a great American association (October 20) to regulate commercial intercourse with Great Britain. It consisted of fourteen articles, and the covenant was in these words: “We do for ourselves and the inhabitants of the several colonies, whom we represent, firmly agree and associate under the sacred ties of virtue, honor and love of country.” It looked to non- importation, non-exportation and non-consumption of English merchandise as a means of compelling the restoration of Amer— ican rights. It struck directly at the slave trade. It agreed on non—intercourse with any colony that violated the articles of the association, holdingit as “ unworthy the rights of freemen and as inimical to the liberties of their country.” This compact for the preservation of American rights, this “league of the conti- nent which first expressed the sovereign will of a free nation in America,” may be justly regarded as the commencement of the American Union.* Its members had no hope that their actions would prove acceptable to England. They therefore adjourned, privately advising one another to prepare for the worst and to be looking after sinews of war and methods of defence. Fixing the 10th of May, 1775, as the time for a second Congress, it dis- solved on October 26, I 774. Its work was ratified in the entire twelve colonies with a heartiness and unanimity which showed it“ The signature of the association by the members of the Congress may be considered as the commencement of the American Union.”-—Hz'ldretlz, iii., p. 46. “Among all the original associates in the memorable league of the continent in 1774, which first expressed the sovereign will of a free nation in America, he (Washington) was the only one remaining in the general government.”—President jokn Adams, December 22, I799. “ It was an embodiment of the sentiment of Union and of the will of the people on the subject of their commercial relations—the first enactment, substantially, of a general law for America. For nearly two years the instrument was termed “ The Association of the United Colonies."—Frot/zz'ngkam’s Rise qf t/ze Rqpublz'c, p. 374. 92 POLITICAL HISTORY OF how deeply the sentiment of union was laid and how all-pervad- ing it was. The States of Greece, after centuries of existence, never reached the dignity thus attained by the American col- onies, to wit, that of a federal council habitually directing and to be habitually obeyed. The Whigs saw in the union a sentiment crystallized into law and power. The Tories saw in it only an ebullition, a rope of sand. It was at least such a thing, said Richard Stockton, “ as would repel force by force if the British government should attempt to execute its acts by force.” The doings of the Congress were rejected by the king and parlia- ment, and force was agreed upon. SECOND CUNGRESS—Nearly the same members as com- posed the first Congress assembled in Independence Hall, May 10, I 77 5. All its acts looked to a closer colonial union. But up came the question of sovereignty. What is its source, what its limit? Whence does it come, where does it stop? The answer would in- volve the real principle of government. The provincial assembly had been a great training school. It was, tacitly at least, agreed that the people were the source of sovereignty, that it was theirs to command, to institute organic law, to establish public authority, to compel obedience. On this foundation rose the American superstructure of permanent, federal government. It was not a shock to the architects, but in fitting the principle to practical union much difficulty would be experienced, many surrenders would have to be made, for, be it known, the colonies had as yet few elements of union in themselves. The impelling thing was a common danger. The vigor, power, beauty, advantage, pride of union were things to be unknown to them, or only guessed at, till the panoply of union had been over them for a little time. The second great question was defence. Boston was besieged. Washington was made commander-in-chief of all armies raised or to be raised for the defence of America by unanimous ballot on June 15, I 775. Thus began an American army. Franklin submitted a plan of confederation and perpetual union under the name of “United Colonies of North America.”* Lord North' * This plan was submitted July 21, 1775 . It was not acted on at this session, but was largely incorporated in the Articles of Confederation. THE UNITED STATES. . 93 had weakened a little and submitted a plan by which he thought peace might be brought about. It was submitted to Franklin, Jefferson, John Adams and Richard Henry Lee. Their report, repudiating it, was adopted by the Congress July 31. The col- onies deliberately chose the hazards of war rather than surrender their ancient right of self-government. North hoped to deal with them as separate units. They resolved to be dealt with only as a bundle of units—a nation. Postal communication was estab- lished from New Hampshire to Georgia; two persons were ap- pointed to act as joint treasurers of the colonies ; other defensive measures followed. Then Congress adjourned (August 1) till September 5. The nearer war came, the more they shrank from it, at least the more cautious they became. Tory sentiment was active. Every step taken must be a sure one. The adjourn— ment would give time to hear from the colonists, and especially to hear from the last memorial to the king. By the 13th of September the Congress was in full session again, with Georgia represented. From this time on the union was called “The Thirteen United Colonies.” The king’s reply to the memorial came back in the shape of a proclamation for suppressing rebel- lion and sedition, for, said he, “It would be better to totally abandon the colonies than to admit a single shadow of their doctrines.” The wheels of Providence were now in swiftest motion. Lexington and Concord had been fought in April, Ticonderoga in May, Bunker Hill in June. South Carolina had been warned‘ to resist all attempts to occupy Charleston, and Virginia encouraged to defy Lord Dunmore to the uttermost. A naval code was created (November 17). Every measure was now for offensive war, not defensive. The press took up the idea of independence. The thought of union, as a dependency of Britain, was gone. “A Grand Republic of the American United Colonies, which will, by the blessing of heaven, soon work out our salvation and perpetuate the liberties, increase the wealth, the power and the glory of this western world;” this was the popular thought. Ten years had worked the idea of union into an actual “ Continental Association.” Would it take the idea of independence as long to work into actual independ- 94 ‘ POLITICAL HISTORY. ence P The Tories were numerous in the local assemblies, ‘and active. They could retard action,- if not prevent it. DECLARA TION OF INDEPENDENCE—The Congress was proceeding in matters of peace and war as though “The United Colonies” were one political power. To the encourage- ment of powerful sentiment had been added the confidence of victory in armed conflict. New Hampshire, South Carolina and Virginia were recommended by Congress to form local ‘govern- ments. This was a step which looked directly to independence. On New Year Day, 1776, Washington'unfurled the “ Flag of Thir- teen Stripes,” as the flag of the United Colonies, and arrayed it as the symbol of national power against the far-famed banner of St. George. From this time till June the Congress was busy with questions of war and finance. Its acts were those of a de— termined and active revolutionary government. But it was all the while being\petitioned to cut the chain which bound the col- onies to England, and which was hampering their individual and concerted action. It therefore recommended to all the colonies to form local governments, independent of charters,rroyal gov— ernors, and every English restriction. On June 7, 1776, Rich- ard Henry Lee moved for Independence, a Foreign Alliance, and a Confederation. John Adams seconded the motion. A com- mittee was formed on Independence, composed of Thomas Jef— ferson, John Adams, Benjamin Franklin, Roger Sherman, and Robert R. Livingston, and they were given till July to report. A committee of one from each colony was also formed on Articles of Confederation. By the last of June it could be said that op- position to Independence, in every colony except New York, had ceased ; at least twelve colonies had instructed their delegates in Congress to vote for a declaration. And these delegates were present in the Congress on July I, when it took up the resolution on Independence, or rather the report of the Committee on Inde- pendence. Four days of debate and amendment brought forth the Declaration of Independence as agreed upon by the delegates from twelve States (July 4, I776)—New York delegates not vot- ing under her instructions. It was ordered to be authenticated by the signatures of John Hancock, President, and Charles l l mu 1 \ l l mu ill!“ 7 ‘ ("j y‘ ; t , , ‘I v |lI\ \ l 1' 4"!‘ illm _ V_ _._ COPYRIGHT Ilcum ___-— —— r. “ramming—uni.‘ HOUSE IN WHICH THE DECLARATION OF INDEPENDENCE WAS WRITTEN, AT PHILADELPHIA. CARPENTER’S HALL, PHILADELPHIA, WHERE CONTINENTAL CONGRESS MET. 95 96 POLITICAL HISTORY OF Thomson, Secretary, sent out to the State assemblies, and read at the head of the army. On July 9, the convention of New York resolved to support it. By August 2, it was engrossed and ready for the signatures of the members.* The high honor of having been its author is due to Jefferson, for the changes made in his draft, though numerous, did not alter its tone nor general character. The equally high honor of having been its strongest champion in the Congress belongs to John Adams. Said Jefferson to Daniel Webster, “ John Adams was our Colos- sus on the floor.- He was not graceful, nor elegant, nor remark- ably fluent, but he came out occasionally with a power of thought and expression that moved us from our seats.” 1' And now that “ the greatest question has-been decided which ever was debated in America, and a greater perhaps never was or will be decided among men,” The United Colonies were decreed a political unit of the United States of America. The Declaration was proclaimed everywhere among the people as the inestimable title-deed of their liberties, and they received it with speech, salute, hon-fire and general rejoicing. It seemed as if a decree promulgated from heaven. See Declaration, page 151. WHAT [T DID—Before the Declaration was submitted to a vote, a test resolution was laid before the Congress (July 2, 1776) as follows : “ That these United Colonies are and of right ought to be free and independent States ; that they are absolved from all allegiance to the British Crown, and that all political connection between them and the State of Great Britain is and ought to be totally dissolved.” Twelve colonies united in adopting it. This assured the passage of the Declaration. It was its preamble, as it were. Observe that in it the word “ Colonies” is dropped, * There is much uncertainty about the signing of the Declaration. The engrossed copy, signed on August 2, still exists in the ofiice of the Secretary of State. Jeffer- son has given the impression that it was generally signed on July 4, but this copy of it is not known to exist. John Adams wrote 'on the 9th of July, “ As soon as an American seal is prepared I conjecture the Declaration will be superscribed by all the members.” Now, a committee composed of Franklin, John Adams and Jeffer- son, was appointed by Congress to prepare a device for the Seal of “ The United States of America,” after the Declaration had passed, probably on the 5th of July. 1 Cam's’ Lg'fe qf I/Vebster, vol. i., 589. THE UNITED STATES. 97 never to be taken up again, and the word “ States ” * substituted. So the Declaration was “ The Declaration by the Representatives of the United States of America in Congress Assembled,” and the conclusion is: “Therefore we the Representatives of the United States of America in Congress Assembled,” etc. The steps toward national birth were the ripening of public sentiment into a conviction that a common country was necessary, a delegation of power by the colonies for that purpose, a preliminary resolu- tion declaring the colonies independent States, a declaration to that effect, a ratification of that declaration by the States. Thus the United Colonies by their joint act. passed into “ The United ' States.” The Declaration has been called the fundamental act of Union]L It was the embodiment of the public will as a source of authority, when it was the will of the people composing one nationI It established Union as a fundamental law. The old law was the law of diversity. It transformed the sentiment of nationality into a fact—the new birth was that of a nation, a country. As colonies, each had a State of its own, and could have had, in one way or another. But only by creating a law high over all, only by ordaining and establishing something out of that supremacy which resided in all the people, could a union, a nation, a country, come. The Declaration announced. to all nations that a new political sovereignty had arisen, whose work- ings internally were all right, whose external workings sought recognition. The colonist was true to his colony, yet he never hesitated in his allegiance to the king. He ever claimed and was ever proud of the rights of a British subject. Now he was equally true to his Colony (the State), but the *The title of “ The United States of America” was formally assumed in the Articles of the Confederation, when they came to be adopted. But it was in 115:.‘ without formal enactment from the date and adoption of the Declaration of Inde- pendence. On the 9th of September, 1776, it was ordered that all continental com- missions and all other instruments, where the words “ United Colonies ” had been used, the style should be altered to the “ United States.”-- journals, ii., 349. 1' Writing: If Madison, iii., 482. I“ In our complex system of polity the public will, as a source of authority, may be the wilI of the people as composing one nation.”-—-Madz'son’s' Writings, iii., 479- 7 93 POLITICAL HISTORY. allegiance which was to the king or to Great Britain was trans- ferred to the new political unit, the United States. For hundreds of years the contention had been for the doctrine of the equality of the human race. The Declaration clothed this abstract truth with vitalizing power. “ We hold these truths to be self-evident, that all men are created equal; that they are endowed by their Creator with certain inalienable rights; that among these are life, liberty and the pursuit of happiness; that to secure these rights governments are instituted among men deriving their just powers from the consent of the governed; that whenever any form of government becomes destructive of these ends it is the right of the people to alter or abolish it and institute new government, laying its foundation on such principles and organ- izing its powers in such form as shall to them seem most likely to effect their safety and happiness.” This is the American theory expressed as Buckle says : “In words the memory of which can never die.” To maintain it the battles of the revolution were fought, and to build on it a worthy superstructure of government and law was the work of the fathers of the constitution. NATURE OF THE COJVGRESS—The Continental Con- gress, for by this name it got to be known, continued to be the National Government in fact, and conducted National affairs till the adoption of the Articles of Confederation, March, I 781, near the close of the Revolutionary war. There was no change in its construction, except that the delegates to it were appointed by the State legislatures, as soon as the States had organized State governments, which they made haste to do, under the recom— mendations of the Congress of I776.* The powers of the Con- * New Jersey adopted a State Constitution July 2, 1776, which went into full operation, and the government thus formed lasted for sixty-eight years. Delaware adopted a Constitution and form of government (Sept. 20, I776) which lasted for sixteen years. Maryland agreed on a Declaration of Rights, Nov. 3, 1776, and on the 8th, upon a Constitution, which was not changed for seventy-five years. Pennsylvania framed a Constitution Sept. 28, I776,_ which terminated its charter. But it was not generally received. Owing to division, the State officers were sup- ported in their authority by a Committee of Congress, till the amended Constitu- tion of 1790. INDEPENDENCE HALL. 100 POLITICAL HISTORY OF tinental Congress were nowhere defined or limited. They in- cluded power to declare war and make peace, to raise armies and equip navies, to form treaties and alliances with foreign nations, to contract debts, and do all other acts of a sovereign government which were essential to the safety of the United States. No Colony, or State, disputed the powers thus assumed and exercised. They originated from necessity and were only limited by events. Revolutionary though they were, the Con- gress in their exercise was supported by the people, and there was no other authority to question its acts. It was evident that when the dangers of war had passed, when the public liberties and independence of all the States had been assured, and when peace had dawned, these extraordinary powers of the Congress would have to give way to something more certain and better under- stood. And right here arose a momentous question. In relax- ing the control of Congress, there was danger that the Union which existed by reason of the Congress would be dissolved, and that the States would drift back into independent communities, without a central head, with no common system, with discordant local interests, with rivalries and jealousies as to boundaries, com- merce, manufactures, and institutions. Hard as had been the trial of the Revolution, here was something calculated to stir deeper apprehensiomand tax more severely the genius of states- men. AR T [ CLES OF C ONFEDERA T [ ON.-—As these Articles, finally adopted by all the States, March, I 781, were the begin- ning of a government more specific than that of the Congress which had'carried on the Revolution thus far, yet not so specific as that formed by the Constitution of 1787, they can be best ex- plained in connection with the latter. As the Congress led to North Carolina adopted a Constitution, Oct. 18, 1776, which lasted for sixty-nine years. . Georgia adopted a Constitution Feb. 5, I777, lasting eight years. New York adopted a Constitution, April 20, 1777. ~ Of the six States which adopted constitutions and forms of government before the Declaration of Independence, South Carolina amended hers in 1778, Virginia in 1829, Rhode Island and Connecticut did not displace their charters for many oyears, New Hampshire in 1784, Massachusetts in 1780 and 1821. THE UNITED STATES. ‘ _ 101 the Articles of Confederation, so the Articles of Confederation led to the Constitution. _“ States” got to be a definitive, well- understood term under the Articles. They were “Articles of Confederation and Perpetual Union between the States” (men- tioning them all). “ The style of this Confederacy shall be The United States of America,” Art. I. For this reason, also, we prefer to treat of the Articles in our next chapter, which con- cerns the finer pieces of our fabric—the States. But as the war came to an end under the government of the Articles of Con- federation, it must be understood that “The United States of America,” which solemnized the peace of 1783, and accepted of the cessions of British territory, was the only power then existing which could do these National acts, and bind all the States by its authority. FURTHER BUILDING—The war of the American Revo- lution resulted in the treaty of Sept. 3, 1783, signed at Paris. By it Great Britain relinquished all her “ claims to the government, proprietary and territorial rights ” of the United States (naming the thirteen), and acknowledged them “ to be free, sovereign and independent States.” It further ceded all the territory south of the Great Lake line, northward (in general) of 31° N. lat., and westward to the Mississippi, to the United States. Those pre- tentious charters and grants from the Crown, which ran through from the Atlantic to the Pacific, had now for their western limit the “ Father of Waters.” The territory of the United States lay between the Atlantic and Mississippi. The right of Spain (for- merly France) to all beyond, was recognized. STATE O IVNERSHIR—But through this territory, before it was ceded, ran the titles of the Colonies or States. Their claims became a source of trouble long before the date of the . treaty. Thus Connecticut, whose charter possessions extended indefinitely to the west, had colonized in the Wyoming Valley, Pa, and was exercising a disputed jurisdiction as early as 1769; so also in the Northwest, in what became the “ Western Reserve of Connecticut.” Virginia and New York had clashed, for a similar reason, both their boundaries being limitless to the west. So New York and Massachusetts had had trouble, and several 102 . POLITICAL HISTORY OF other States. This whole matter of State ownership and juris— diction westward came up in a conspicuous and dangerous form when the Articles of Confederation were before the States for ratification. Some of the States refused to ratify till the question of western lands was disposed of. Lord North made much of this delay, and pretended to see in this land subject a perpetual source of disagreement and a final refusal to establish a Union under the Articles. It was not a new subject, for the conserva— tive Dickinson, of Pennsylvania, had introduced it into the Con- gress and insisted upon its being settled satisfactorily before that body passed the Declaration of Independence. As to their own boundaries, there was no controversy with Pennsylvania, Dela— ware, New Jersey, Maryland, New Hampshire, and Rhode Isl- and, but the remaining seven States were deeply concerned, for theirs were the charters running to the Mississippi or the Pacific. The former States took the ground that any unoccupied, unde- fined territory wrested from a common enemy by the blood and treasure of the thirteen United Colonies, ought to be considered as common property, subject to be parcelled out by Congress into free, convenient, and independent governments. On these grounds Maryland refused to ratify the Articles of Confederation until an Article was added, securing the Western domain for the common benefit. Virginia entered into furious defence of her magnificent territory, embracing Kentucky and parts of Ohio, Indiana and Illinois. There must be concession somewhere or no Articles of Confederation. The question must be put out of the way before a closer Union could be assured. To be sure, the land was not yet conquered from Great Britain, but should it be, it were well to have the matter settled. New York was the first to move. By resolution of Feb. 19, I780, she agreed to relin— quish her right to unoccupied territory for the common benefit. Congress, mindful of the importance of Union, and “to their very existence as a free, sovereign, and independent people,” advised (Sept. 6, 1780) similar surrenders by the other States, and on Oct. 10 resolved that out of the lands thus ceded should be formed States with the same rights of sovereignty, freedom, and independence as those possessed by the original States. THE UNITED STATES. 103 Through the influence of Madison, Virginia agreed to surrender her western domain, and so of the others. Thus the leading obstacle to the ratification of the Articles of Confederation was removed. When the land became theirs by the terms of the treaty of I 78 3, would these States keep their pledges? ADFUSTMENT—New York was prompt to keep hers. Choosing the meridian of 79° 55’ as the limit of westward occu- pancy, she formally ceded all her domain west of that to the United States for the common benefit, on March I, I 784. This was but a small patch of 316 square miles which afterwards went to Pennsylvania. Her cession was worthless without the consent of Massachusetts, who claimed clear through. (See Massachusetts, below.) But New York still disputed with New Hampshire the prize of the territory which afterwards became Vermont. This prize, after much contention, and some blood- shed, she relinquished in 1790, and took her present limits and titles. Virginia followed New York March I, I784. Her cession was of that part of the great Territory, afterwards known as the “ Territory of the Northwest,” * lying between 41° north latitude and the southern border of Kentucky. That part of her cession north of the Ohio, according to its terms, entered into and formed a part of the States of Ohio, Indiana and Illinois. The part south of the Ohio afterwards became Kentucky. Massachusetts curtailed her indefinite claims April 19, I 785, by relinquishing her right to the small bit of ground just west of the New York boundary, which was then, Jan. 3, 1792, given to Pennsylvania. She held her Maine possessions till 1820, * The “ Territory of the Northwest” was organized under the ordinance of Con- tinental Congress of July I3, 1787, which ordinance is regarded as a model, both as to its text and display of the principles of civil, religious and political liberty. It is popularly ascribed to Jefferson, but’ was written by Nathan Dane, of Beverly, Mass. Article VI. of this ordinance reads: “ There shall be neither slavery nor involun- tary servitude in said Territory otherwise than in punishment of crimes whereof the party shall have been duly convicted.” This clause afterwards became noteworthy as showing wherein the Congress of the Confederation had exercised the right to ex- clude slavery from the Territories. Its language was copied in the Missouri Com- promise affair, 1819-20; in the Wilmot Proviso, 1846, and in the XIII. amendment to the constitution, I865. - 104; POLITICAL HISTORY OF when they were surrendered in order that Maine might become a State in the Union. In 1855 the district known as the “ Bos— ton Corner” was ceded to New York, and in 1861, by ex- changes with Rhode Island, both these States got their present limits. Connecticut under her ostentatious claims to western do- mains had sent out strong colonies into Pennsylvania and the northwest. Her claim to Pennsylvania soil was a matter for judicial determination. In order to quiet titles in the northwest, she, Sept. 14, I 786, relinquished her claim to everything west of a line drawn due north and south, 120 miles west of the Penn~ sylvania line. This left her a “reserve” 120 miles wide. On May 30, 1800, she yielded all territory and jurisdiction west of herpresent limits, reserving whatever right of soil she may have had as a protection to those who held title from her. South Carolina ceded her claim to a strip of territory only twelve miles wide, lying south of 35° north latitude, and extend- ing along the southern borders of North Carolina and Tennessee, to the Mississippi, on Aug. 9, I787. North Carolina adjusted her western border, Feb. 25, I 790, by ceding the territory which afterwards became Tennessee. Georgia made a most important cession of the territory west of her present western boundary, June 16, 1802. These cessions of their lands, and surrenders of their claims to lands, by the original States, fulfilled their pledges to thus dis- ' pose of them for the common benefit, made before the Articles of Confederation‘were' adopted, and in order that they might be adopted. They quieted the title of the United States to all the territory, outside of the limits of the States, ceded by Great Britain in I 783. They put this part of the fruits of the war at the disposal of all the people. The United States could now begin to enjoy the full fruitions of that treaty. The States would . cease their clamors and jealousies about old charter boundaries, and the general government could go on with its great work of State building and the acquisition of new territory. The old States had done nobly in making these surrenders. They proved by them the depth of their interest in the new experiment of THE UNITED I STATES. 105 self-constituted federal government, and the extent of their de- sire not to let selfish love of acres and limitless boundaries stand in the way of permanent national union, peace and progress. As States they could not contribute further to the geographic framework of the nation, nor to matters of title. The govern- ment as a whole must now buy or conquer its own rough stones and timbers. THE LOUISIANA PURCHASE—And it went about the work right speedily. The English cession of 1783 left intact the Spanish'claim to Florida and Louisiana, east of the Missis- sippi, and beyond that river the United States owned nothing, the boundary being the middle of the stream. We have seen how France ceded her Louisiana to Spain in 1763, and what it meant. Foreign possession of the mouth of the Mississippi was not tolerable. Nor was similar possession of its western shores, and to its middle, any more tolerable. Both were an annoyance and a menace, as had been abundantly proved time and again, and as would continue to be proved, if not removed. In 1795 a treaty had been made with Spain which gave the United States commercial rights at New Orleans. In 1802 Spain gave notice that these rights had ceased. Alarm spread all along the line of the river. It was looked upon as a Spanish trick, instigated by France. But what was the consternation when it was discov- ered that two years before Spain had parted with Louisiana to France, though the distinctive act of cession had not yet taken place. The treaty of cession had been a secret one, carried out in the interest of Napoleon. Though we doubt not it was a shrewd move on the part of France to further cripple England by first getting back possession of this immense domain and then turning an honest penny by selling to the United States, thus helping the creation of a great commercial rival to England on this continent, in accordance with the French theory of 1763, yet Jefferson, then President, chose to look upon it as an attempt of France to rival England directly. He therefore sent Monroe to the aid of Livingston, minister to France, first to protest that if France took possession the United States would be forced into an alliance with England against her, ‘and, second, to sound .106 POLITICAL HISTORY OF France as to the probability of a purchase. Probably the latter was what France wanted. She was needy, was about to war with England, and was in no position to be hampered with such a possession. Driving the best bargain she could, going up in her price from $13,000,000 to $15,000,000, a sale was consum- mated by treaty of April 30, 1803, ratified by the Senate Oct. 20, 1803, and by a resolution of the House to carry it into effect.* Of the $15,000,000, to be paid, $37 50,000 were withheld to be disbursed, under the French Spoliation bill, to pay the losses Americans had suffered in their commerce at the hands of the French. By this magnificent purchase the United States got a gulf frontage east of the Mississippi extending from that river to Florida, though all this Spain disputed. Leaping the Missis- sippi the country shot clear to the Pacific, for the ceded territory embraced Louisiana, Arkansas, Missouri, Iowa, Nebraska, Oregon, Minnesota west of the Mississippi, part of Kansas, the Territories of Dakota, Montana, Idaho, Washington, the Indian country, and portions of Colorado and Wyomingfj“ an added empire of 900,0001 square miles, or one larger than the entire area of the country before. ' SPAIN CEDES FLOR]DA.—The next cession of foreign soil was by Spain, Feb. 22, 1819. This was a—transaction almost wholly in the interest of Spain, judged by the extent of territory which passed. She claimed that her Florida ran to the Missis- sippi, also that she had never recognized France’s claim to that part of Louisiana west of the Sabine River (Texas). The United * Owing to the opposition of the Federalists to this purchase, which they regarded unwarranted by the constitution and as tending to increase the preponderance of the - South in national legislation, Jefferson called the Eighth Congress together earlier than usual for the express purpose of having it ratify the treaty of purchase and- vindicate his procedure. He admitted that the constitution gave no power to pur- chase foreign territory and make it a part of the Union, but claimed that when once the deed was done, it could be validated by the nation’s ratification. T For the French boundaries of their Louisiana, much wider than those here enumerated, see page 66. And this is important, for Texas was clearly in the Louisiana of France, as the United States acknowledged when Spain came to cede Florida. ‘ I Not counting what was afterwards confirmed by the Oregon treaty of 1846, amounting to 300,000 square miles. THE UNITED STATES. 107 States claimed that Louisiana ran eastward to the present boundary of Florida. To quiet everything, Spain ceded her Florida clear to the Mississippi, for the sum of $5,000,000, and the additional consideration that the _United States should abandon all claim to that part of French Louisiana which lay west of the Sabine. Thus a territory equal to six Floridas, which had already been bought and paid for by the United States, was surrendered to Spain, and was soon to become a part of the Republic of Mexico. In twenty-six (1845) years it drifted back to the United States again, as we shall see when , the cession of Texas is reached. ' THE OREGON T REA T ld—Away up in the Northwest the boundary of Louisiana could not be made to fit to that claimed by Great Britain for her possessions. The United States claimed 54° 40’ N. lat. as the boundary. England claimed that it was the Columbia River. From 1827, the disputed territory had been held by both claimants. The Democratic party made it an issue in their platform of 1844 to claim to 54° 40', with or without war with England. The watchword all along the line was “ 54° 40' or fight.” In the Congress of 1845—46, Calhoun, to the great embarrassment of President Polk and the Democratic party, proposed 49° as a compromise line. After much party backing and filling, and long negotiation, a treaty was agreed upon, June 15, 1846, which was ratified by the Senate, the Whigs coming to the rescue of the President, saving him from his party friends and the country from war. The treaty fixed 49° N. lat. as, the boundary, as originally proposed by Calhoun. This necessitated an immense cession of land—all between the southern limit claimed by Great Britain and the 49°—to the United States. It amounted to 308,052 square miles, and the cession was called “The Cession by the Oregon Treaty of 1846.” Thus were cured the defects of the treaty of purchase of 1803, with France, and the Ashburton treaty of 1842, with Great Britain. ANNEXA T T ON OF T EXAS.*—-Texas had been a State of * As Texas came directly into the Union as a State, see further about her history in connection with the State of Texas, next article. United State AREA: 0 ACQUISITION AND TRANSFER OF TERRITORY.- ‘ PM, PM - I 1 1780101870 km 1730)‘ jwAsamm-oiv 95 i ' 54' 5! ,__2l\). 108 cani'ifuci! 10119 O I I I I I 4' l 109 110 POLITICAL HISTORY OF the Republic of Mexico, but had seceded, had set up for herself an independent republic, and was, in 1845, at war with Mexico, though an armistice was then pending, with a view to peace. It was deemed _an opportune moment to secure her vast domain for the United States. Under the lead of Calhoun, a treaty of annexation, pure and simple, was proposed, but rejected. This was followed by another proposing her admission into the Union, which was coupled with one for negotiation and treaty. In this shape it passed, and Texas was admitted as a State Dec. 29, 1845. Her debt, amounting to $7,500,000, was assumed by the United States. Besides incorporating her wonderful territory of 318,000 square miles, with our own, she relinquished all her claims, by virtue of her having been a member of the Mexican Republic, to the lands west of the 27th meridian, and now in the territory embraced by Colorado and‘ New Mexico. Her status being that of war with Mexico, it was assumed by the United States. Thus the country was plunged into the Mexican war, which made the Texas experiment a very costly one in the end. By that war, however, other vast and valuable areas were ac- quired. MEX] CAN CESSIOIV—The Mexican war (1846—48) which had been going on for two years was brought-to a close by the treaty of Feb. 2, 1848. By its terms Mexico ceded all the territory now covered by the States of California and Nevada, also her claims to Texas, Utah, Arizona and New Mexico, and parts of Wyoming, Colorado and the Indian country, holding, however, to a part of New Mexico and Arizona south of the Gila River. The lower Rio Grande from its mouth to El Paso was taken for the boundary of Texas. The United States paid Mexico, for this land, $15,000,000, in five annual instalments, and in addition assumed the claims of American citizens against Mexico, to an amount not exceeding $ 3,2 50,000. GADSDEN PURCHASE—The lands, above mentioned, as reserved by Mexico south of the Gila river, were purchased by the United States, Dec. 30, 185 3, for $10,000,000. The transac- tion became known as the “ Gadsden Purchase.” This purchase gave the United States a better southern boundary, and compact TH E UNITED STATES. 111 areas between the two oceans. “Westward the course of em- pire ” had taken its way, and the Pacific front took a range of 1,343 miles, as against the Atlantic’s 2,163 miles. ALASKA CESSION.-—-The last accession of national terri- tory was May 28, 1867, when Russia ceded all her territory in North America to the United States for the sum of $7,200,000. This gave us Alaska, which is not coterminous territory, being cut off by intervening British possessions. The policy of this purchase was, at first, regarded as unwise. But time has changed sentiment respecting it. If the question were up as to the pro— priety of its sale at the price paid for it there would be a nega- tive response. It is, to say the least, a good pivotal and strategic point, barren as it may be of other importance. TERRITORIAL S UMMAR Y.-—-How look our national areas when thrown into figures P Using estimates and round numbers the showing is as follows: Sq. miles. Sq. miles. Estimated Area . . . . . . . . 1783 820,680 Gadsden Purchase. . . 1853 30,000 Louisiana Purchase . . . . 1803 899,579 Alaska Purchase. . . .1867 500,000 Florida Purchase. . . . ..1819 66,900 Grand Total W Oregon Treaty Lands-1846 308.052 Est’d Lake & Water Surface 396,116 Texas Annexation. . . . . 1846 318,000 Sq miles 58% Mexican Cession. . . . . 1848 522,955 Acres 2m To all these acres the United States has undisputed title. They are the acquisition of one hundred years of national sover- eignty, and are exceeded by the figures of only three other em. pires in the world—Great Britain with all her detached de— pendencies, the Chinese Empire and Russian Empire. And now, having seen whence our national titles sprang, having built our country territorially, and having studied the beginnings of our. institutions amid colonial life, let us turn to that part of the fabric in which States comprise the artistic subdivisions and comprise the sublime whole. NOTE—Roman Empire, in time of Augustus, estimated by Gibbon at 1,600,000 square miles. DAWN OF THE STATES. THE CONFEDERATION AND ITS DEFECTS. GOVERNMENT UNDER THE CONSTITUTION. ADMITTING THE STATES. ROM COLONY TO STAT E.-—Having taken a view of the country in the rough, seen its titles and begin- nings as they arose like dry land out of a multitude of waters, caught something of that free, republican spirit which ripened in the colonies‘ and urged perpetually toward independence and union, and witnessed our majestic territorial strides from Atlantic to Pacific, buying where the market was open, conquering where it was closed, let us turn to finer parts of the national fabric. The resolution of the Continental Congress, passed May 10, 1776, suppressing royal authority in the colonies, made neces- sary the formation of local governments, capable of answering the ends of political society and of continuing without interrup- tion the protection of law over property, life and public order. These newly formed local governments, or these reformed col- onial governments, for fortunately the political situation in many of the colonies required but little departure from their previous local institutions, were the true beginnings of the States. They were spoken of as “States” in the Declaration of Independence, and they made a near approach to States as they now are, under the Articles of Confederation. But, though States of a Union, they were not our States of the Union. How were they trans- formed P THE FIRST S T EP.——As has been seen, the Continental Congress was the only government during the Revolution and up until the adoption of the Articles of Confederation in 1781. It was simply a revolutionary government, with power for any- 8 - (113) 114 POLITICAL HISTORY OF thing or nothing, just as its acts were sanctioned or condemned by the popular voice. It was the result of a Union on account of public danger and not of a Union as the result of a charter or constitution. When the danger had passed, the function of the Congress would cease, and the Union would melt into its ' original components. There was more danger in this than in the presence of an armed foe. Statesmen were busy at work to prevent such a catastrophe. Before the Declaration Franklin had proposed a scheme of Confederation. The Continental Con- gress of I 77 5 (the Congress of the Declaration as it was called) had raised a committee in whose hands measures for a more permanent Union were placed. The newspapers teemed with plans for a permanent republican government. On the 12th of July, I 7 76, the committee of Congress reported Articles, drawn by John Dickinson, of Pennsylvania. They did not meet the approval of the Congress, but rather plunged it into debate over questions of commerce, public lands, taxation, and the relative positions of the larger and smaller States.‘ For sixteen months the Articles were delayed. At last, November 15, 1777, an agreement was had, and a draft of Articles, as agreed upon by the Congress, was sent out to the States for ratification, together with a letter commending them as a plan “ for securing the free- _ dom, sovereignty and independence of the United States,” as the best that could be adapted to the circumstances of all, as “ essen- tial to their very existence as a free people, ” and without which they might“ soon be constrained to bid adieu to independence, liberty and safety.” , Nine of the States promptly ordered their delegates in Con- gress to ratify the Articles, which was done July, 1778. But they were not to'be binding unless ratified by all the States. Political languor seemed to have taken the place of that blaze of freedom which had hitherto burned so brightly in the inchoate States. The burdens of war pressed heavily. Congress issued an appeal to the remaining States “to conclude the glorious compact.” Henry Laurens, the President of Congress, wrote despairingly to Washington: “ Where is virtue, where is patriot- ism now, when almost every man has turned his attention to THE UNITED STATES. 115 gain and pleasure, practising every artifice of Change-alley or Jonathan's ? ” * . The capture of Burgoyne, October 16, 1777, and word of a French alliance, February 6, 1778, served to stir enthusiasm again and revive the hope of Union under fully ratified Articles. _A few other States gave their assent, but Maryland held out. She would not consent till the great question of public domain was disposed of, nor did she consent till the States to whom the valley of the Mississippi would have fallen by virtue of their charter limits patriotically agreed _to surrender all lands which England might cede by any treaty of peace to the United States. All conquered, or to be conquered, lands thus made common property, Maryland ratified February 2, 1781, and signed March I, 1781. The revolutionary government by a Congress was at an end. i The step taken made union firmer under the forms of the first American constitution. See Articles of Confederation, p. I 5 5. WHAT THE ARTICLES DID.T——They renewed the *Jonathan’s was a London coffee-house, the resort of speculators. Precisely why the English applied the term to Americans is not clear. But, as thus applied, it appears in a printed ballad on the expedition to Rhode Island, 1778, “Jonathan felt bold, sir.” The British account of the burning of F airfield, 1779, uses the word thus: “ The troops faced about and drove Jonathan.” In the form of “ Brother Jonathan,” the term hardly appeared till after peace had softened the asperities of war. j'The great seal of the American Union was adopted June 20, 1782. It was the American Eagle, holding in his right talon an olive branch, in his left a bundle of thirteen arrows, in his beak a scroll inscribed with “E Plurz'bus Unum” (one composed of many), and over his head an azure field with thirteen stars. On the reverse was an unfinished pyramid with an eye, having over it “Annuz't Coejfitzlr” (a beginning permitted, or approved), at the base MDCCLXXVL, and underneath “ Nor/us Ora’o Serlorum ” (a new order of ages). Previously, June 14, 1777, Congress voted “ That the flag of the United States be thirteen stripes, alternately red and white; that the Union be thirteen stars, white, in a blue field, representing a new constellation. This flag continued till Ver- mont (1791) and Kentucky (1792) were admitted, when it was changed (Act of January 13, 1794) to fifteen stripes and fifteen stars. It became apparent that the increase of stripes, as new States were admitted, would throw the flag out of pro- portion. Therefore the following was passed, April 4, 1818: “ That from and after the 4th of July next the flag of the United States be thirteen horizontal stripes, alternate red and white; that the Union be twenty stars (the then number of States), white, in a blue field; that, on the admission of every new State, one star be added to the union of the flag, such addition to be made on the 4th of July next succeeding such admission.” 116 POLITICAL HISTORY OF ' pledge of theStates to Union, or rather made public and official record of such pledge. They made inter-state citizenship free. They created a Congress and defined its powers, but endowed it with no executive function. They gave the States something to conform to. They created a tribunal to settle disputes between the States. But the best thing they did was to confer a great educational service through their weaknesses and defects. WHAT T HEY DID NOT DO-.—In saying that the Ar- ticles soon proved themselves full of glaring defects, it must not be forgotten that the States, while colonies, had been subject to a foreign rule whose restrictions had been severely felt and whose assumptions had been a source of constant jealousy and alarm. They had, naturally, nourished a spirit of resistance to all author- _ity outside of themselves, and, having no experience of the con- venience or necessity of a general government to care for their common interests, they deemed the least possible delegation of their power quite sufficient for national purposes. Therefore the Articles created a confederation which had few powers for peace. It could make treaties, but could not execute them; appoint am- bassadors, but not pay their expenses; borrow money, but not pay a dollar; make coin, but not import an ounce of bullion; declare war and order the number of troops, but not raise a single soldier; in short, declare anything and do nothing. It was truly a feeble thread on which to string thirteen States and hold them in bonds of union. Its unfitness as a frame of government for a free, enterprising and industrious people, so manifest at the start, grew more and more so, till it finally lost all vigor and re- spect and tottered to its fall. Should it be left to silent dissolu- tion, or should an attempt be made to form something more commanding and vigorous before the great interests of the Union were crushed and buried beneath its ruins? ’ DAWN OF A CONSTITUTION—Hamilton saw the de- fects of the Articles of Confederation and (I780) proposed a con- vention to reform them even before they were ratified by the States. Similar propositions were made by Pelatiah Webster in I 781, the New York Legislature in I 782, Hamilton in Con- gress I783, Richard Henry Lee in 1784, Governor Bowdoin in _ THE UNITED STATES. 117 178 5 . But it required more than cold propositions and dignified discussion to overcome the indifference of the States. It re- quired the flat refusal of New Jersey to comply with an act of Congress. It required the open offense of Massachusetts in raising troops to crush Shay’s rebellion. It required the quarrel between Virginia and Maryland as to the right to navigate the waters of the Chesapeake and Potomac. This last brought a convention to Annapolis, September II, 1786. Only five States were represented. They did nothing respecting the point in dis- pute; they could do nothing. But Hamilton was there, and Madison, and Dickinson, and they saw but one way out of such difficulties—that was by creating a stronger central government and endowing it with ample powers on all such delicate subjects. Their report suggested a call of delegates from all the States to meet in Philadelphia, May (second Monday), 1787. A CONS TI T U TION—Congress ‘adopted this report, Febru- ary 21, 1787, and ordered a Convention. All the States sent delegates except Rhode Island. On May 14, they met in Inde-_ pendence Hall, but a majority of the States not being represented they adjourned from day to day till the 25th. Then organiz- ing by the election of George Washington as President, they proceeded to business. It was a memorable body. The veterans of the revolution were there, and the wise statesmen of the times which gave birth to the Bill of Rights, the Declaration of Inde— pendence, and the Articles of the Confederation. They were there to remedy the defects of the past and propose a new de- parture for the future. Franklin was there, at eighty-one. John- son of Connecticut, Rutledge of South Carolina, and Dickinson, had been members of the Stamp Act Congress. Seven of them had been in the Congress of 1774. Eight of them had signed the Declaration of Independence. Their deliberations ran through four months, and they were carried on amid great diversity of opinion.* The antagonisms of American society, errors of * The sessions were held with closed doors, and the utmost secrecy was enjoined, no member being even allowed to copy from the Convention’s Journal, which was entrusted to Washington, and by him deposited in the State Department. It was printed by direction of Congress in 1818. ...0(6' 9 O O 0006.. I r ‘ .IL 118 POLITICAL HISTORY OF , of having had any agency in the business. opinion and deep-rooted prejudices, local interests, State jealousies and ambitions, and especially the matter of slavery, these all trooped into the convention to make it a scene of furious storms, and to threaten its disruption time and again. Even the calm and hopeful Washington said he almost despaired of seeing a favorable issue to the proceedings, and more than once repented But an era of com- promise was reached, and the work was completed on September I 7, I 787. All the members present signed The Constitution of the United States of America, except Edmund Randolph and George Mason of Virginia, and Elbridge Gerry of Massachusetts. It was then sent to the States to be ratified by Conventions, specially called for the purpose, and was to become operative when so ratified by nine of the States. All the States called Conventions and ratified, except Rhode Island and North Carolina.* See Constitution, page 161. ' NEW GO VERNMENT—On July 2, 1788, the President of Congress laid before that body the ratification of the requisite nine States. By September I 3, “a plan for putting the Con- stitution in operation” was completed. The first Wednesday in January was fixed for the appointment of electors; the first Wednesday in February for their meeting to vote for a President; and the first Wednesday in March as the time, and New York as the place, for commencing proceedings under the new Con- stitution. The necessary elections of Senators and Representa- tives having been held, the first Congress assembled at New York, Wednesday, March 4, I 789, to adjourn for want of a quorum till April 6, when the votes of the electors being counted it was found that George Washington had been unanimously elected President and John Adams Vice-President. On April ., ‘i Q .5 9". * North Carolina afterwards in a new convention held November, 1789, adopted the Constitution, and Rhode Island by a convention held May, 1790. The debates in the respective State Conventions over the question of ratifying took the widest range and showed great diversity of sentiment. In only three States was the Con- stitution adopted unanimously, New Jersey, Delaware and Georgia. In Connecticut, Pennsylvania, Maryland and South Carolina it had large majorities. In Massa- chusetts, New York and Virginia it had a bare majority, and in the remaining States a small majority. THE UNITED STATES. 1 19 30, Washington was sworn into office, and our present form of government was a fact.* SENTIMENZi—In his'inaugural Washington said, “In the important revolution just accomplished in the system of their united government, the tranquil deliberations and voluntary con- sent of so many distinct communities, from which the event has resulted, cannot be compared with the means by which most governments have been established, without some return of pious gratitude, along with an humble anticipation of the future bless- ings which the past seems to presage.” “ The strongest government on earth” and “the only one where every man, at the call of the law, would fly to the stand- ard of the law, and would meet invasions of the public order as his own personal concern.”———_7tfierson’s Inaugural. “ America has emerged from her struggle into tranquillity and freedom, into affluence and credit; and the authors of her Con- stitution have constructed a great permanent experimental an- swer to the sophisms and declarations of the detractors of liberty.”—Sir Yames Machintosh. “ To those great men who framed the Constitution and secured the adoption of it, we owe a debt of gratitude which can scarcely be repaid. It was not then, as it is now, looked upon, from the blessings which, under the guidance of Divine Providence, it has bestowed, with general favor and affection. On the contrary, many of those pure and disinterested patriots, who stood forth the firm advocates of its principles, did so at the expense of existing popularity. They felt that they had a higher duty to perform than to flatter the prejudices of the people, or subserve selfish, sectional or local interests. Many of them went to their graves without the soothing consolation that their services and sacrifices were appreciated. Scorning every attempt to rise to power and influence by the common arts of the demagogue, they were content to trust their characters and conduct to the deliberate judgment of posterity.”—-Story on the Constitution. *Chancellor Livingston administered the oath of oflice. The President delivered his inaugural address in the presence of both Houses of Congress, a custom which was adhered to till Jefferson changed it. 120 _ POLITICAL HISTORY OF “It animated freemen all over the world to resist oppression. It gave an example of a great people not only emancipating themselves, but governing themselves without‘ even a monarch to control or an aristocracy to restrain them ; and it demonstrated for the first time in the history of the world, contrary to all the predictions of statesmen and the theories of speculative inquirers, that a great nation, when duly prepared for the task, is capable of self-government ; or in other words, that a purely republican form of government can be formed and maintained in a country of vast extent, peopled by millions of inhabitants.”——Br0ugkam’s Polz'iz'ml Philosophy. “ The republican government was a success because in its operation it met the needs of the two fundamental conditions of American political life, diversity and union, as correlative forces ——on the one hand, the development of the Commonwealth or State; on the other, of the union or nation.”-—-Froz‘hz'ng/zam’s Rise 0f the Repuélz'c. “It actually secured, for what is really a_ long period of time, a greater amount of combined peace and freedom than was ever before enjoyed by so large a portion of the earth’s surface. There have been, and still are, vaster despotic empires; but never before has so large an inhabited territory remained for more than seventy years in the enjoyment of internal freedom and of ex- emption from the scourge of internal war.”——Freeman’s Hz'sz‘. of Federal Gov. Even as Freeman wrote (I861), the Republic‘ was passing through its severest ordeal—that of civil war; and the verdict rendered in this supreme court of armed force was in favor of the Constitution. All the above are wonderfully pleasing and in- spiring pictures of potency and adaptation, yet they were not undreamt of among the early patriot seers. “The celestial light of the gospel was directed here by "the finger of God; it will doubtless finally drive the long, long night of heathenish darkness from America.- So arts and sciences will change the face of nature in their tour from hence over the Appa- lachian chain to the Western ocean ; and as they march through the vast desert, the residence of wild beasts will be broken up THE UNITED STATES. 121 and their obscure howl cease forever. Instead" of which, the stones and trees will dance together at the music of Orpheus, the rocks will disclose their hidden gems, and the inestimable treasures of gold and silver be broken up. Huge mountains of iron—ore are already discovered, and vast stores are reserved for future generations. This metal, more useful than gold and silver, will employ millions of hands, not'only to form the mar- tial sword and peaceful share, alternately, but an infinity of utensils improved in the exercise of art and handicraft amongst men. Nature through all her works has stamped authority on this law, namely, that all fit matter shall be improved to its best purposes. Shall not, then, those vast quarries that teem with‘ mechanic stone, those for structure be piled into great cities, and those for sculpture to perpetuate the honor of renowned heroes, even those who shall now save their country? O ye unborn ‘inhabitants of America! should this page escape the destined conflagration at the year’s end, and these alphabetical letters remain legible, when your eyes behold the sun after he has rolled the season round for two or three centuries more, you will know that in Anno Domini 1758, we dreamed of your times.” * THE OLD THIRTEEN STA T ES.-—These States had first colonial existence, then independent revolutionary existence under the Congress, then united existence under the pledge of the Confederation, and now they come to have cemented exist- ence under the Constitution and constitutional form of govern- ment. Their membership in the Republic dates from their rati- fication of the Constitution by conventions chosen for the pur- pose. These dates are: Delaware, Dec. 7, 1787; Pennsylvania, Dec. 12, 1787; New Jersey, Dec. 18, 1787; Georgia, Jan. 2, I788; ' Connecticut, Jan. 9, I 788 ; Massachusetts, Feb. 6, 1788; Mary- land, April 28, 1788; South Carolina, May 23, 1788; New Hampshire, June 21, 1788; Virginia, June 25, 1788; New York, July 26, I788 ; North Carolina, Nov. 21, I 789; Rhode Island, May 29, 1790. * Written by Nathaniel Ames, father of ‘Fisher Ames, in Ames’ Almanac for 17 58, and one of the most remarkable prophecies relating to America. 122 POLITICAL HISTORY OF THE EARLIES T T ERRI TORIES.——While yet the country was limping along under the Confederation, it entered upon the work of disposing of its lands acquired by the treaty of I 783. Its first action was by the celebrated ordinance of July 13, I787, already alluded to, which created “The Territory Northwest of the Ohio river” out of the Virginia cession up to 41°, and out of all north of that parallel, ceded by Great Britain. Out of this territory, according to the provisions of the ordinance, not less than three‘ States were to be formed fronting on the Ohio river. Out of all that was left, lying north of an east and west line drawn through the southern extremity of Lake Michigan, one or two other States were to be formed. The provisions of this ordinance were afterwards carried out in the formation of Ohio, Indiana, and Illinois, and so, of the remaining portion of the ter- ' ritory, were formed Michigan, Wisconsin, and that part of Min-_ nesota east of the Mississippi. The next disposition of public domain was made by the present government on May 26, I 790. It then erected the “Ter- ritory south of the Ohio river,” out of cessions by Virginia and North Carolina, and gave it a government similar to that or- dained for the Territory northwest of the Ohio. Out of this Territory, in due time, sprang the States of Kentucky and Ten- nessee, though to the latter was added the strip of twelve miles wide, ceded by South Carolina. DISTRICT OF COLUMBIA.‘—-All this was simply pushing the jurisdiction of the government in a Territorial way. The real work of State carving and building, outside of original limits, was, however, soon to begin in earnest. But we must first notice that important grant which had the effect of fixing the location of the National Capital. Article I, See. 8, of the Constitution empowered Congress “ to exercise exclusive legis- lation, in all cases whatsoever, over such district (not exceeding ten miles square) as may by cession of particular States, and the acceptance of Congress, become the seat of government of the United States.” By act of her legislature, Dec. 23, I 788, Maryland made a cession of territory ten miles ‘square for the above purpose. Nearly a year afterwards, Dec. 3, 1789, Vir- THE UNITED STATES. ' 123 ginia ceded a like, or less, quantity of land for a similar purpose. Thus the government was in possession of more than it needed for a capital. However, it accepted both grants, July 16, 1790, and ordained that the same should become the permanent seat of government of the United States. In the same act the Presi- dent was authorized to fix the boundaries of the cessions so‘ as to bring their limits within the constitutional provision of ten miles square. This he did by proclamation, March 30, 1791. The territory retained embraced sixty-four square miles of that part ceded by Maryland and thirty~six of that ceded by Virginia. Over this the government assumed control by Act of Feb. 27, 1801. But it was cut in twain. by the Potomac. Therefore, by act of July 9, 1846, the Virginia portion was retroceded to that State, leaving the District of Columbia and the permanent seat of government to occupy only the Maryland cession of about sixty-four square miles. VERMONT FIRST—The introduction of new States makes a curious and instructive history. Some ripened as Territories and drifted naturally into their places as States of the Union. Others were forced into position ere they were ready, in obedi- _ ence to a balancing principle which, at an early day, was resorted to for the gratification of sectional feelings and interests. ' Still others were admitted for protective border or commercial rea- sons. But, let it be hoped, that all were admitted for their own advantage and that of the national government, and that now no one would wish to lose its place in the federal arch. The first to link her fortunes with the “old thirteen” was Vermont. She, above all others, had had an unfortunate terri- torial existence, and her admission was a happy escape from troubles which otherwise seemed unending. Claimed by Massa- chusetts under the wonderful Plymouth charter, by New Hamp- shire whose western limit was practically unascertained, by New York because “ the New Netherlands," afterwards the possession of the Duke of York, ran indefinitely northeastward, and by ' France because it lay along a water Way into the St. Lawrence, and peopled more or less by all these claimants, New Hamp- shire had been from the earliest times a common raiding-ground O 124 ' POLITICAL HISTORY OF and seat of contention. The fight between New York and New Hampshire waxed so bitter that a decision was invoked from the crown. New York won, and her line was adjudged to extend to the Connecticut river. The folly of New York in deciding the New Hampshire grants of lands in Vermont illegal‘stirred up the landholders to armed resistance. There is no telling how far the war would have been carried, for the Vermonters were very determined, had not the revolution turned attention in another direction. Even during the war with Great Britain the Vermonters, January, I777, established for their territory an independent jurisdiction under the name of “ New Connecticut or Vermont.” Thus equipped they petitioned the Continental Con- gress for admission into the Union, a request which was entitled to respect, for Vermont was playing a brave and important role, and was really as much of an ‘independent colony as any other. But she was headed off by New York and New .Hampshire, neither of whom were yet ready to relinquish their hold upon her. To make matters worse Massachusetts revived her sleep- ing claim to the soil. The plight was pitiable. No redress was to be had of the indecisive government of the Confederation, for it was really no government at all. The farmers again flew to arms under the lead of the intrepid Ethan Allen, and were now more than ever determined to resist the attempt of New York to push her authority into their midst. The British, knowing the tardiness and negligence of the Congress of the Confederation, and hoping that the Vermonters would soon be driven to seek the protection of a stronger government, actually opened negotia- tions to have them cast their lot in with theirs. But these spirited Green Mountain men were not disloyal enough for that. They clung closely together, kept up a government of their own, fought bravely through the war of the revolution, and at the peace of I78 3 constituted a State, so far as -machinery went, as perfect as'any of the original thirteen. ‘ After the adoption of the constitution of 1787, and the forma- ' tion of the new government under it, she again petitioned for admission. New York opposed her as before. But this time the power of the central government was stronger. It could hear 0 THE UNITED STATES. 125 and‘ decide, and was willing to do so.’ A commission was created to investigate and decide the conflict. New York was paid $30,000 with which to quiet the titles of her citizens holding lands in Vermont. Thereupon she withdrew all claims to juris- diction, and by act of Feb. 18, 1791, to take effect March 4, 1791, Vermont was admitted into the Union, with all the rights and privileges of a State. As intimated her independent State existence became necessary as acure for the evils which had come upon her through conflicting claims of ownership and their foolish assertion, and not for any very pressing geographic or commercial reason. The United States now embraced four- teen States. KENT UCK Y ’S ADMISSION—Kentucky very properly came into the Union at an early date. She had been a dissatis- fied and dangerous territory for a long time. Her region had been a hunting-ground and battle—field remote from her mother Virginia, whose protection. was quite too feeble to be of any account. The wild, brave spirits who had found a home in the midst of “the dark and bloody grounds” had more than once declared that inasmuch as Virginia could give them no pro- tection, they ought to set up a government of their own. But they never completely severed their relations with the mother colony or State, for the reason that they regarded the govern-- ment of the Confederation as of no more consequence to them, in the matter of protection, than Virginia. So they drifted amid years and years of conventions, debates and resolutions, on the propriety of doing something toward protective organization. At one time it looked as if the entire territory might be lost to the Union, and a war to recover it be the consequence. Spain, understanding the situation, secretly proposed rare commercial favors if the territory would declare independence and start out on a career of its own. Knowledge of this proposition stirred pub lic sentiment to the very bottom. Two conventions * were held in quick succession, at Danville, looking toward a territorial govern- ment, and as a greater measure of safety toward admission into the Union. In these the debates ran high, and disputes were often * They were the sixth and seventh which had been held. 126 ~ POLITICAL HISTORY OF long and angry. At length out of the turmoil came a proposi- tion to recommend separate territorial existence. Congress acted promptly and erected “ The Territory South of the Ohio River,” including Kentucky and Tennessee, May 26, 1790. This - action was followed Feb. 4, 1791, to take effect June I, 1792, by another act admitting Kentucky into the Union'as a State. Thus was used the old territory of Virginia south of the Ohio. TENNESSEE ADM] T T ED.——Tennessee was that part of ~ the national domain ceded by North Carolina, to which was added, on the south, the strip of twelve miles wide ceded by South Carolina. It was also all that was left of “ the Territory South of the Ohio," after Kentucky was admitted. It too was a dangerous Territory, bordering as it did on partly foreign waters (the Mississippi), and subject to the same inducements to drift away from ‘the Atlantic influence, as was Kentucky. Like Ken- tucky, also, the Tennessee region had early become the scene of white settlement and bloody Indian encounter. It too was “a dark and bloody ground” for many years, extending from, say 1754 to the close of the American revolution. Indeed, during the revolution Great Britain attempted to work in the rear of the American situation by arming the Cherokees and pushing . i them through the settlements of the Cumberland and on to the colonists of Virginia and the Carolinas. Only by the most heroic efforts of the Carolina and Virginia militia was the terri- tory held against Indian foe and English promise to the inhabi- tants of special favors if they too would take up arms against the Atlantic colonists. ' As long as the territory belonged to North Carolina it was known as the “ District of Washington.” After the peace of I 78 3, and the founding of Nashville, the people felt that the Mother Colony was no longer protective, yet like those of Ken- tucky, they had no faith in the government of the Confederation, and deemed it a feeble power to tie to. They were, therefore, at sea as to a proper allegiance, till afterthe adoption of the Con- stitution of 1787. Then, with a stronger central government in view, one which could afford the much needed protection, and which was worthy of confidence and support,‘ their political THE UNITED STATES. 127 future became plain. North Carolina relinquished all control in 1790, and in the same year Tennessee became a part of “The Territory South of the Ohio.” Two years after the admission of Kentucky, the people formed a State Constitution and pre— sented it to Congress. It was approved June 1, 1796, and Ten- nessee became a State of the American Union, her territory having been that of North Carolina and part of South Carolina. The admission of Kentucky and Tennessee was a commercial necessity. They gave to the Union a Mississippi frontage, headed off further Spanish scheming in the upper valley, and presented the hand of our dynasty in such a way as to be taken hold of in friendly commercial clasp across the “Father of Waters,” or with iron grip for supremacy from Lake Itaska to the Delta. The stars on the American flag numbered sixteen. OHIO‘ GETS READY.—-—'Turning the century the govern- ment was busy withflits “ Territory Northwest of the Ohio.” By act of May 7, 1800,'to take effect July 1, 1800, it was divided into two parts. This was getting ready for the State of Ohio, for one part was very like the present Ohio. The other part was incorporated into the “ Territory of Indiana.” And a word about this “Territory of Indiana.” It of course comprised all that was left of “ The Territory Northwest of the Ohio,” after Ohio was taken away. But it had a greater fame before it. After France made her cession of Louisiana it was, by act of October 1 1, 1804, erected into “The District of Louisiana,” and placed under the jurisdiction of the officers appointed to govern the Territory of Indiana. Thus, for purposes of government, the Territory of Indiana was a vast empire, the largest by far ever organized by the government within its territory. Territorial Indiana reached to the Pacific and the gulf. The part cut off, and which was to become Ohio, embraced all of present Ohio up to a line drawn east and west through the southern point of Lake Michigan, and this was Ohio as ad- mitted into the Union by act of April 30, 1802, to take effect November 29, 1802. But the Ohio of to-day contains some 600 square miles more territory. Her northern boundary was adjusted by act of June 15, 1836, called the “Enabling act for the State of Michigan,” and by act of June 23, 1836. 128 POLITICAL HISTORY. France and England, both original claimants of Ohio, began to clash about, and on, the soil as early as 17 50. It had been a stamping ground for French traders long before this. At that time Virginians and Englishmen, having obtained a grant of 600,000 acres, came as settlers and traders. Frequent collisions with the French ended in war. To drive out the French was the object of Braddock’s disastrous march on Fort Du Quesne. Not until the loss of Canada and the Mississippi valley by France in I 763, did Ohio become undisputed English soil. On account of these rival claims and bloody disputes, permanent settlement was tardy in a land so inviting and so contiguous to the old States. Even after the organization of “ The Territory of the Northwest,” Ohio was by no means a pleasant place to go to, for the Indians were very tenacious of their titles to the land, and were kept in a state of ferment and opposition by the British on the north. The entire regionwas in a state of war from 1790 to 1794, when the Miamies’ were humiliated by General Wayne. After this migration and settlement were phenomenally rapid. LOUISIANA COMES—The mention of Louisiana intro- duces us to a strange people. The Latin race was in the ascend- ' ant there and not the Saxon. It was the key to the mouth of the Mississippi, and was desirable to any nation with commercial ambitions. When Spain held it she was very jealous of it, and her ownership was a bar to free commerce through either gulf or Mississippi channels. She saw that her occupancy was a standing threat on the United States, and that the commercial drift of all the country east of the river, whose drainage was into it, must be toward her. Hence, her schemes of an empire which should embrace both sides of the river. Hence, also, those other schemes, of which Aaron Burr’s was one, for a great southwestern country whose strong point should be control of the “Father of Waters ”—at this date let it be charitably sup- posed, in favor of the United States. After the purchase of Louisiana from France in 1803, no time was lost in getting it under control. That part of the immense territory now in the State of Louisiana (nearly all) was erected /, ‘a D I. , . i x‘ . :3‘ t » / r .' piglet???) . ' " I) ' .’ .J/ I ll’l/ " . , ,/ I ' 7* //" ‘KAI.’ 1/ 4W’ . ,1 4/} " / o /z 14/ ',"//// a, I A, 7”’ 7””1/ "if/ I I’ / 4/ 47 \\\\_\‘;\- ~ \\~ _ ~ \ . I (a I / {if I . _/ GENERAL ANTHONY WAYNE. 129 (D 130 POLITICAL HISTORY OF into the “ Territory of Orleans,” by act _of March 26, 1804. Claiborne, who was sent as governor, found our form of govern- ment unsuitable for a people who spoke little English and whose institutions rested on laws and customs foreign to our own. So by act of Congress (1805) they were given a government similar ' to that established for the Territory of Mississippi, which also contained a mixed Spanish and French population. Out of this act sprang a system of local laws, embracing many features of the Code Napoleon, to which the people were reconciled. All the rest of the Louisiana purchase went into the District of Louisiana, which, as we have seen, became a part of the Terri- tory of Indiana. 7 Spain would not relinquish her right to the territory of Louisiana lying east of the Mississippi, claiming that her ces- sion to France did not cover it, and that she still owned it as a part of her Florida. Therefore, in 1810, the United States seized the port of Baton Rouge, and adjudged the Spanish territory to be a part of Louisiana. An act of Congress passed Feb. 20, 1811, enabled the Territory of Orleans to become a State. By act of April 8, 1812, to take effect April 30, the same ‘was admitted as a State, under the name of Louisiana. Thus finally ended what had for a long time been a quiet struggle between Spain and the United States for permanent sovereignty of a section which, had the result been otherwise, must have for a long time retarded our western growth.’ The admission was a matter of clear and decisive policy, in a commercial sense, however. much it may have been objected to by certain parties at the time. It created a sovereign State right where the ‘ greatest inducement existed to protect it, and right where one of firm attachment to the Union was most needed. It projected the national authority to the gulf lines and set up an everlasting barrier to interference with internal commerce along ten thou- sand miles of water way. INDIANA ADMITTED.--The vast Territory of Indiana, created in 1800 out of that northwest of the Ohio and extended indefinitely by adding, in .1804, the District of Louisiana, now gave a State to the Union 'and its name to that State. It was . THE UNITED STATES. _ 131 carved out of the southeastern part of that Territory by the em abling act of April 19, 1816, and the resolution approving of its constitution and admitting it into the Union, as the ‘State of In- diana, was passed Dec. 11, 1816. The State was not without a remote territorial history. France had dotted it with trading and missionary posts, some of which, as Vincennes, became permanent settlements. After the loss of the French territory, in 1763, to England, Indiana, like Ohio, was not an inviting field for settlement. The Indians were tenacious of their lands. Their liking for the old French influence, and the ease with which the British stirred them up to resent pioneering, kept back our civilization. After the treaty of 1783, when the whole ter- ritory passed from Great Britain to the United States of the. Confederation, the Indians became bitterly hostile. In 1788, one year after the framing of the constitution, an Indian war broke out, which involved the whole Northwest. It only ceased when their powerful and dangerous confederacy was broken by the victories of General Wayne. Even then the brave Shawnee leader Tecumseh would not submit but held on, a source of terror to every infant settlement, till his defeat by General Har- rison in the celebrated battle of Tippecanoe, Nov. 11, I811. MISSISSIPPI ADMI T T ED.——The twentieth State to enter the Union was Mississippi. It was carved out of the Territory of Mississippi, by act of March I, 1817, which was also the date of the enabling act. Her constitution and form of government having been submitted to Congress and approved, she was ad‘ mitted into the Union by joint resolution of Dec. 10, 1817. Out of the balance of Mississippi Territory, the State of Alabama was created. ILLINOIS A S T A T E.—We must turn to the north for the next State of the Union. Not less than three States were to be formed out of the territory northwest of the Ohio. Two have ap- peared, Ohio and Indiana. The third takes shape as Illinois. It became the Territory of Illinois by act of March I, 1809, though it extended clear to the British possessions. By the enabling act of April 18, 1818, the present limits of the State were fixed, and by joint resolution of Dec. 3,1818, the State was 132 POLITICAL HISTORY OF admitted into the Union. Though the twenty-first State, Illinois had a history extending back into ‘the seventeenth century. Her towns of Kaskaskia, Cahokia and others were French settle-- ments and distributing centres as early as 1673.' But the French occupancy was a lonely one, and Illinois presents the historic spectacle of a Christian civilization gradually falling back and merging with that of its Indian surroundings. Like Ohio and Indiana, Illinois became deeply involved in the French and English wars for the possession of the Northwest, and like them it passed into British hands by the treaty of 1763, and into the possession of the United States by the treaty of I78 3. ALABAMA EN T ERS.-——NOW that we have had a Northern State there must be a Southern one. By this time it was regarded as the proper thing to create alternate free and slave States. Indeed, few States had hitherto been admitted without discussion of the question of slavery, and few were to be ad— mitted without similar discussion. The matter had been some- what bitterly mooted when the question of the Louisiana purchase was up, and likewise when Kentucky was a candi- date for admission. Well, the new State was to be Alabama, the remnant of Mississippi Territory. Two days after the State of Mississippi was cut out of this Territory, the Territory of Alabama was formed, March 3, I817. Two years afterwards an act enabling Alabama to become a State was passed, March 2, 1819. By joint resolution of Dec. 14, I819, she was admitted as a State in the Union, the twenty-second on the list. MAINE APPEARS—There was a race between the North and South for the next State, the twenty-third. Maine and Missouri were the competitors, with Maine in the lead. Lapse of time had fixed the claim of Massachusetts to the soil of Maine, and to the right to govern her. There were many of her people, however, who never acknowledged this claim, and various attempts were made, notably in 1785 and I802, to effect a separation. At length, in 1819, the Territorial legislature* ordered an election of delegates “ to express the true will of the people.” The convention thus created, operating with the con- * Not a Territoryr of the United States, but a Territory of Massachusetts. ‘ THE UNITED STATES. I 133 sent of the Legislature of Massachusetts, adopted a constitution and separate form of government, which received the approba- tion of the people. Massachusetts made formal cession of all her claims to the Territory. By act of Congress, March 3, 1820, to take effect March 15, 1820, Maine was admitted into the Union as a State. MISSOURI ENTERS AMID STORM—At least a year before Maine was admitted, a bill to enable the Territory of Mis- souri (a part of the Louisiana purchase) to become a State was introduced in Congress. , In the House an amendment was offered, in the words of the ordinance (1787) for the government of the Territory Northwest of the Ohio, “ prohibiting slavery or involuntary servitude in Missouri, except as a punishment for crime.” Though the Republicans (Democrats) were in an over- whelming majority in both branches, party lines were dropped in the House, and the amendment was carried, but was rejected in the Senate.* 7 This brought the slavery question into a shape it had never assumed before. It came suddenly. Ex-President Jefferson said, “it startled him like a fire-bell in the night.” It came, as a question, from the house of its supposed friends. Before this the Ohio River had been a convenient line upon which to determine these questions of slave and free State admissions. But there was no Ohio beyond the Mississippi. Hence a new line became necessary, or rather no line, for the best anti-slavery minds con- tended that slavery in the Territories was a question absolutely within the purview of Congress. It was not a question of parties. The Federal party was practically dead, and the Re- publican (Democratic) party held the entire political line north and south. It therefore became a question of sections, and bit- terly the battle was fought over Missouri. The next year (1820) the defeated Missouri bill came up again in the House, as did * This astounding measure and vote in the House, together with the popularity of Clay’s plans for American Protection and Internal Improvement, showed that there was then the nucleus of a new party within the Republican ranks, which was soon (1825) to assume shape as the National Republican, afterwards the Whig Part7- 134 _ ‘ POLITICAL HISTORY OF the bill to admit Maine. Both passed, and both prohibited slavery. The Senate passed the Maine bill, and united it with a bill for Missouri, permitting slavery.* This was done to throw the responsibility of rejection on the House, a responsibility which .the House'did not hesitate to assume, for it speedily de- feated the Senate bill. Henry Clay then came forward with the celebrated compromise measure, known as “ The Missouri Com- promise of 1820,” by which both sections agreed to pass, the ‘respective bills, one admitting Maine as a free State, the other admitting Missouri as a slave State, and forever prohibiting slavery in all territory north of the line of 36° 30’. This memorable controversy ended, the Missouri enabling act was passed March 6, 1820. By joint resolution of March 2, 1821, the admission of the State was further provided for, and by proclamation of August 10, the State was declared to be a member of the Union. It had a population in excess of the 60,000 then required to enable a Territory to become a State, and its chief town, St. Louis, with a population of 5,000, was the commercial emporium of the upper Mississippi. Missouri was the first State formed wholly out of the territory west of the Mississippi. Though but a small part of that land of Louisiana which stretched away to the Pacific and up to the British line, it was felt that whatever policy, as to slavery, prevailed in her ad- mission would be likely to prevail in all the States carved out of the same lands. This was why the fightover her admission was so bitter, and why it was deemed proper, then and there, to fix the policy which should control the admission of future trans- Mississippi States, by the compromise line of 36° 30’. By act of June 7, 1836, the northwest boundary of the State was ex- tended to the Missouri River, the triangular piece thus added containing about 3,168 square miles. ARKANSAS ADM] T T ED.—-There was a period of rest from the work of State building, which lasted for sixteen years, dur- ing which time the outlying territories were ripening. The * The Senate only partially divided intosections. Enough Northern Senators voted with those from the South, to defeat the action of the House. THE UNITED STATES. _ 135 “ Territory of Arkansaw ” * had been carved out of the Territory of Missouri, by act of March 19, 1819. It had limits coincident with those of the present State. By act of June 15, 1836, the same was admitted as the State of Arkansas. It had not a full quota of inhabitants when admitted, and but little previous history except what belonged to the period of French and Spanish occupancy. The French claimed Arkansas Post as among the oldest settlements of the country. MICHIGAN A CANDIDA T E.——-An important State was now ready in the Northwest. The Territory of Michigan had been formed as early as June 30, 1805, from the Territory of In— diana. It then included but little more than the Michigan penin- sula, between Lakes Huron and Erie and Lake Michigan. On June 28, 1834, the Territory of Michigan was made to extend to the Missouri and White Earth Rivers. Out of this large area was carved the present State of Michigan, by the enabling act of June 15, 1836. Her constitution and form of government having met with the approval of Congress, she was admitted as a State by act of Jan. 26, 18 37. The trail of the French trader and missionary is plainer in Michigan than in any other State of the Northwest. Detroit was a French town as early as I 701. River, lake, bay, and town bear frequent witness to the French occupancy. It cannot be said that the American influence-was felt in Michigan before 1796. During the war of 1812, Detroit was held by the British, and became the starting-point of those 4 Anglo-Indian campaigns which wrapped the Northwest in gloom and drenched it with blood. At the time of her admission, Michigan had far more than her quota of population, and nearly four times as many as Arkansas, admitted the year before. FLORIDA A MEMBER—It was now the turn of the “ Flowery realm.” Though thinly populated, and with but little more than half a quota, it was deemed politic to make Florida the twenty-seventh State. The “ East Florida,” which Spain ceded Feb. 22, 1819, was erected into the Territory of Florida March 30, 1822. By act of March 3, 1845, it was admitted as a * The Territory was that of A rhansaw, which spelling has recently been decided by the State authorities to control the pronunciation of Arkansas. 136 POLITICAL HISTORY. State. It had had a long and eventful history both as a Spanish and English possession. From its climate, situation, and prom- ises, it was always a coveted country, yet ever an expensive one to take and hold. [0 WA ADZLH T T ED.—-The day that gave birth to Florida saw also a new State in the Northwest. Iowa Territory had been cut out of Wisconsin Territory, June 12, 1838. ‘This Territory was not identical with the present State of Iowa, but embraced all north of Missouri and between the Missouri and Mississippi Rivers. Out of this was carved a State of Iowa, which was ad- mitted into the Union March 3, 1845. But the boundaries were not satisfactory. By act of Aug. 4, 1846, the northern boundary was lowered from the parallel running through the mouth of the Mankato or Blue Earth River to where it now is, and the western boundary was pushed from meridian of 17° 30' to where it now is. After this adjustment of boundaries the State was readmitted Dec. 28, 1846. As part of the French domain, Iowa had a history as early as 1686, when Dubuque was a fort and trading- post. TEXAS ANNEXA T [ON—The twenty-ninth State, Texas, was the most imposing piece of territory that had, as yet, applied for admission into the Union. It was not carved out of our own territory as other States had been, nor was it prepared for mem- bership by any process of ripening under a Territorial govern- ment. A member of the Mexican Republic, it had seceded and set up for itself. Its admission into the American Union would be a surrender of its independence to again try the experiment of membership in a Republic to which it had all along been for- eign.* Discussion of the question of Texas Annexation occu- pied most of the time of the second session of the Thirty-eighth Congress, 1844-45. A proposition to prohibit slavery within its borders was voted downqL With full knowledge of the fact that * Quite a number of Saxon settlers had drifted into Texas who had done much to foster the spirit of annexation. - 1- Mexico had abolished slavery twenty years before, and therefore by the law of the Mexican Republic Texas was free territory. But Texas, when independent had re-established slavery. \ex .\ \ x \ \\ be. GENERAL ZACHARY TAYLOR. 137 138 POLITICAL HIsToRY OF its status was one of war with Mexico, and that annexation would be an assumption of that status, the Congress voted for it. The joint resolution of annexation prohibited slavery in any State formed of Texas territory north of 36° 30', but left the question to the people of the States to be formed of said terri- tory south of that line. We have already seen the steps by which her territory passed to the United States and the conse- quences.* The date of her admission was Dec. 29, I845. WISCONSIN ADIl/IITTED.——The thirtieth State was Wis- consin. The Territory of Wisconsin was erected by act of April 20, 1836. It was cut out of the Territory of Michigan, and that part east of the Mississippi had previously been in the Territories of Illinois, Indiana and the northwest of the Ohio. The Terri- tory of ‘Wisconsin embraced the States of Wisconsin, Iowa and part of Minnesota. The Territory of Iowa was severed by act of June 12, 18 38. By the enabling act of August 6, I846, Wiscon- sin took its present shape, and by act of May '29, 1848, was ad- mitted as a State. Like the rest of the northwest territory Wisconsin shows in its names of places the trail of its early French occupants and owners. CALIFORNIA COMES—The Mexican war ended by the peace of February 2,1848, called the treaty of Guadaloupe- Hidalgo. This brought that immense cession of territory men- tioned on page I 10, and out of which the Territory of California was organized. This cession threw'the country into another ferment over the slavery question. By the ‘laws of Mexico all this territory was free. But the proslavery wing of the Demo- cratic party joined issue with the friends of the Wilmot Proviso and forced another compromise (that of 18 50), which, so far as California was concerned, had the effect of making her a free Statej' She applied for admission Feb. 13, 1850, and was ad- mitted Sept. 9, 1850. The discovery of gold in her soil, the rapid population of the State by the adventurous and not too peaceful “forty-niners,” and various apparent commercial rea- sons, not to say a pardonable national pride, made a State on * See am‘e, p. 107 and page 388,1mz. T For fuller details of this compromise see page 4.0!. THE UNITED STATES. 139 the Pacific coast most desirable. The arch of the Union now spanned the continent. From 1787 to 18 50 had been just sixty- three years. ' ' MINNESOTA ADMITTED.——Minnesota Territory had been formed March 3, 1849, out of the parts of Territories of Iowa and Wisconsin not included in those two States. Out of this Territory was ‘carved the present State of Minnesota by the enabling act of Feb. 26, 1857. On May 11, 1858,.the State of Minnesota was admitted into the Union. The balance of Minne- sota Territory went to Territory of Dakota. OREGON HEARD FROM——The Pacific Coast presents another candidate. The immense Territory of Oregon was created out of all the- northwestern portion of the Louisiana purchase, on Aug. 14, 1848. It extended from the fortieth parallel to the British possessions, and from the Pacific to the Rocky Mountains, with an area of nearly 300,000 square miles. Out of this domain was carved the State of Oregon, which by act of Feb. 14, I8 59, was admitted into the Union. The rest of her Territory became the Territory of Washington. KANSAS, AND T R O UBLE—The thirty-fourth State, Kan- sas, had a stormy birth. The throes she engendered shook the Union to its very centre. The celebrated. Kansas-Nebraska bill was introduced into the House Jan. 2 3, 1854. It was designed to establish the fact that the compromise of 1820 had been re- pealed by that of 1850, and further to establish the principle that. slavery, north or south of 36° 30’, was a matter for the people of each Territory to decide for themselves. The bill passed in March, 1854, and both North and South encouraged colonization within the limits of Kansas, which the bill created into a Terri- tory immediately west of Missouri and between 37° and 40°, as well as Nebraska, lying north of Kansas and between 40° and 43°. Under the circumstances the condition of Kansas was that of constant petty war. It became a “ bleeding Kansas ” indeed, and as to bloodless party passion the rest of the country was no better off.* For seven years this warfare went on, and only ended * For fuller details of Kansas-Nebraska question see Administrations and Con- gresses, pages 413 and 429. 140 POLITICAL HISTORY OF after the work of seceding from the Union began. Then the government which had been set up under the Lecompton con- stitution was repudiated, and that formed under the Wyandot Free State Constitution was adopted by a Republican Congress Jan. 29, 1861, and Kansas became a State in the Union. The Territory of Kansas formed under the bill of Jan. 23, 1854, adopted May 30, 1854, had for its western boundary the Rocky Mountains, which were the eastern boundary of Utah. The act which admitted her as a State fixed the 25th meridian as her western boundary. All the rest of the Territory of Kansas went to the Territory of Colorado. WEST VIRGINIA CREATED.-—The destructive work of secession introduced a new feature in State building. Virginia seceded from the Union and cast her lot with the Southern Con— federacy, April 17, 1861. Some thirty-nine of the western coun- ties refused to be bound by her action. Representatives from these met at Wheeling to protest against secession. A second convention met in August which framed a separate State con- stitution and form of government. This was submitted to the people in May, 1862, and ratified. It was then submitted to Congress, and after some slight amendments was accepted. The President was authorized to proclaim that it should take effect June 19, 1863, on which date West Virginia became a State in . the Union. In 1872 the counties of Jefferson and Berkley, parts of Old Virginia, were added to West Virginia, the thirty-fifth State. NEVADA ADM] T T ED.—Nevada Territory was erected March 2, 1861, out of a strip from California, and that part of Utah Territory lying west of 38th meridian, though California has not yet made formal cession of the portion taken from her. The enabling act for the Territory was passed March 21, 1864, and on October 31, 1864, Nevada was admitted as a State. Her boundaries were much enlarged by act of May 5, 1866, which added some 18,326 square miles from Utah, and 12,225 square miles from Arizona, Territories. NEBRASKA A C CEPTED.—The original Territory of Ne- braska was erected May 30, 18 54, out of that part of the public THE UNITED STATES. 141 domain lying between Minnesota and the Rocky Mountains and between 40° N. lat., and the British possessions. But as part of this Territory shared with Kansas the vicissitudes of the slavery excitement, the paring process, which ran through half a dozen acts of Congress, did not end till April 19, 1864, when an enabling act was passed for the present limits of Nebraska. On February 9, 1867, she was admitted as a State, the act to take effect March 1, 1867. THE CENTENNIAL S T A T E.—The Territory of Colorado was created by act of February 28, 1861. It was one of a set then erected,”< about which no mention of slavery was made in obedience to the terms of the Dred Scott decision. But there was then no need of such mention, for the South had given up its efforts to populate the debatable Territories and vote therein for slavery, and had entered upon secession as a remedy for evils it deemed otherwise incurable. Owing to mining, Colorado had a fluctuating population for many years. A State Constitution was framed in convention 1875-76, and accepted by the people July 1, 1876. The date of final admission was August 1,1876. T EARING DOWN—The sentiment of the country respect- ing slavery had grown more divergent ever since the adoption of the Constitution. It was not at first sectional, but as time passed it took that shape. Then it got to be political as well. The Kansas affair (see Kansas), the division of the Democratic party in its convention of 1860, the evidence of a solidified and overwhelming anti-slavery sentiment supplied by the election of Mr. Lincoln, determined the slave States to no longer fight a losing battle for the maintenance and spread of their institution in the Union, but to secede and set up a central government of their own. Not doubting the wisdom of the step nor their ability to maintain it against the armed remonstrance they knew it was sure to provoke, they began the work of dismemberment in 1860. The war which followed, and its results, must be the historic test of both the wisdom and strength of their undertaking, as well as of the ability of the Union to maintain itself against this kind * Including Nevada and Dakota. ‘ 142 POLITICAL HISTORY. of attack, and to adapt itself to the prevalent vital thought of each succeeding age. ' l The first open and direct step of dismemberment was taken by South Carolina in a convention called for the purpose. It was an ordinance of secession entitled “An Ordinance to dissolve the Union between the State of South Carolina and other States united with her in the compact entitled the Constitution of the United States of America,” and was to take effect Dec. 20, I860. Before the end of January, 1861, similar ordinances had been passed by Georgia, Alabama, Florida, Mississippi, Louisiana and Texas. Delegates from these States met at Montgomery, Alabama, in February, 1 861 , and formed a government called the “ Confederate States of America,” whose constitution closely resembled that which they had repudiated, save that it recognized slavery and prohibited protective tariffs. This Confederacy attracted other slave-holding States to it, to wit, Virginia, Tennessee, Arkansas and North‘ Carolina. Thus eleven States were lost to the American Union and were in open war with it. It was the hardest and most direct blow ever administered to the Republic, because it came not from strangers but friends, not from without but'within. The shock was fearful. For four years the grand monument of the fathers trembled to its base. For four years Republican institutions existed amid cloud and darkness, doubt- ful of clearing sky or auspicious sunrise. Those years ended, the result was failure of the Confederacy to maintain itself, the loss of slavery to its States, surrender of the attempt to wrench by force what reason could not win. REB UILDING—This was a delicate and somewhat tedious task. There was no standard by which to determine the relation of these seceded States to the National Union, now that they had failed to validate by force their ordinances of separation. But the Supreme Court furnished one in 1869, in the case of Texas 71.9. White. It was held that “ the ordinances of secession were absolutely null,” that the seceding States had no right to secede, had never been out of the Union, could not get out ex— cept through successful rebellion. That the utmost they had ' done was to put off their old State governments, and take on COAT OF ARMS OF EACH STATE IN THE AMERICAN UNION. e: /Z‘\ /\ "I l g I’ \ ~ 1 I ,1 :54’ 3 ‘1.'-._'!_ . ‘I .4‘ 't'l‘iw ~ , :~\. 1 CALIFORNIA. FLORIDA. COATS OF ARMS. Q“ A! - fr - ‘c MASSACHUSETTS. MICHIGAN. COATS OF ARMS. . ' _-._.. 1!: ,!\- ' .s,, W?“ . . "I' )?VA ., ' , '. _ I j ’ “Mistrial/N, ~ MISSISSIPPI. EBRASKA. b> ._. 2x \ NEW HAMPSHIRE. iii-HIE ‘e .. .'_.?\ :f 1,...‘ _,. um‘, ‘ ___ 'l ;..-.~, , - ' it, ' -— 4". s NORTH CAROLINA. 10 COAT5 OF ARMS" _Hi'L’“ PENNS YLVANIA' In" £3.‘ I "(film I z’ ‘I a h i. I i‘ i \ — i I; I I i i a‘ v _ "z "2.; .§_\ ‘ ' ‘ Ti“: V ._ _ ‘a. _ ‘ w 5 Q _\\\\\|1/ WISCONSIN‘ WEST VIRGINIA- 146 If}. r . POLITICAL HISTORY. 147 others which fitted them for membership in their Confederacy, but unfitted them _for the place a State must hold in the Union, under the amended Constitution. That, therefore, the Congress had the right to re-establish the relation of these seceded, States to the Union. The terms fixed were the establishment of State Constitutions and forms of government in accord with the amended National Constitution, and full ratification of its provisions. Waiving the above questions, Tennessee had sought and secured readmission, July" 24, 1866; Arkansas, June 22, 1868; North Carolina, South Carolina, Louisiana, Georgia and Florida under act of June 25, 1868, but with the proviso that they must further subscribe to the act of 1867 regarding free citizenship. All did this promptly except Georgia. Virginia was readmitted Jan. 2 5 , I870 ; Mississippi, Feb. 2 3, 1870; Texas, March 30, 1870. Georgia held out for the right to exclude negroes from office, but finally opened her offices to all citizens, and was readmitted July 15, I870. The Union was restored to its full strength and majesty—let it be said to a fuller strength and majesty than before. THE TERRITORIES. UTAH—Of those vast outlying ' acres not yet ready for States, but which have organizations and governments through Congress, Utah Territory was formed Sept. 9, 1850. It had then an immense area of 220,000 square miles, parts of which were spared to Colorado, Nebraska, Nevada and Wyoming, leaving its present boundaries and an area of 82,190 square miles. This Territory is the seat of Mormonism, and has on that account been conspicuous in our history. NEW MEXI C O.——The Territory of New Mexico was erected Sept. 9, 18 50, the same day as _Utah. ‘It embraced lands ceded by Mexico and those included in the Gadsden purchase. By losing parts to Colorado and Arizona it has gotten its present ' boundaries and an area of 122,460 square miles. WASHIN GT ON—Six years before Oregon became a State her immense territory was severed, and the northern portion be- came Washington Territory, March 2, 1853. By losing the Territory of Idaho, and part of Nebraska, it got its present boundaries and an area of 66,880 square miles. 148 POLITICAL HISTORY OF THE INDIAN CO UN T R K—The idea of setting apart a por- tion of our domain for the exclusive use of Indians was not more humanitarian than the result of a need for protection. Remains of brave tribes, many of them despairing, most of them i at enmity with the whites, were scattered about in the States and Territories. To get rid of them by putting them on soil they could call their own, where they would not be in the white man’s way and where they might, perchance, lift themselves a little toward the civilization which had surrounded them and driven them thither, was the object of an Indian Country. It was laid off geographically, but was not organized as a Territory, June 30, 1834. It was to embrace “all that part of the United States west of the Mississippi, and not within the States of Missouri, ‘Louisiana and the Territory of Arkansas.” The extent of this country and the fact that no organization was provided for showed that the legislation which set it apart was not serious. Almost immediately the land began to be needed for other pur- poses, and there was nothing in the act setting it apart for Indian uses to raise even so much as a question about the impropriety or wrongfulness of dividing it up and appropriating it to other uses. So by various Acts of Congress this “Indian Country” was pared down to its present size and shape. The last act, that of May 30, 1854, organizing the Territory of Kansas, limited it to 69,830 square miles, with Missouri and Arkansas on its east, Kansas on its north, the'Red River on its south and the 100th meridian on its west. The “Indian Country” is a monument of national honor and disgrace; honor, because it is the first distinct recognition, on the part of our government, of a policy that savored of human— ity; disgrace, because, until lately, it was the only formal an- nouncement of such a policy, and because through lack of candor, through bad management, through failure to engraft on it any working system, it has never produced a satisfactory fruitage. It seems amazing that the Saxon, even when highly civilized and in the enjoyment of strong, reducing and redeem- ing institutions, should always have regarded the Indian problem as a difficult one. It never was difficult. The French mission- THE UNITED STATES. 149 ary and trader did not find ‘it so. But then he chose to regard the Indian as a man, as endowed with feeling akin to his own, as owner of the soil, as susceptible to civilizing influences. Failure ' to so regard him is the secret of our neglect of the Indian, or rather of our ungenerous treatment of him. The idea of his extermination got an early hold on the colonist, and we seem never to have been able to outgrow this primitive and absurd no- tion. Modern humanitarians are more awake to the thought of making the Indian a part of our people. They feel the disgrace the nation has brought on itself, and the age, by its unwillingness or inability to devise a plan by which the Indian can be turned from his ways and made a factor in industry, art, science, govern- ment and morals. With a plan of government which will secure him schools, right to own separate farms, ownership of the pro- ceeds thereof, immunity from disturbance by whites when he appears to be in the way, the franchise, privileges of citizenship, there is no doubt of his future peacefulness and usefulness. DAKOTA—Dakota Territory was erected by act of March 2, 1861, out of the Territory of Nebraska, and the remains of vMinnesota Territory. It contained 310,867 square miles, but by losing Idaho, and by other adjustments, it was left with its present area of 147,700 square miles, July 25, 1868. ARIZONA—Arizona was made a Territory Feb. 24, 1863, out of lands ceded by Mexico, and embraced in the Territory of New Mexico. By act of May 5, 1866, she lost a part of her soil to Nevada. Present area 112,920 square miles. IDAIIO—ldaho was formed from Washington Territory, March 3, 1863. Her area was 118,439 square miles, which was increased by various acquisitions to 326,373 square miles. Then by losses to Montana, Dakota and Wyoming, she got her present boundary, and area of 84,290 square miles, all of which was once in Washington Territory, formerly in Oregon Terri- tory, and is a part of the Louisiana Purchase. MON T ANA—Was erected May 26, 1864, from northern Idaho. Her entire area of 145,310 square miles is part of the Louisiana Purchase. ALASKA A C Q UISI T I ON—This ‘territory is unorganized, in 11.‘ 150 POLITICAL HISTORY. though efforts to secure a Territorial organization are now being made. It came into the possession of the United States May 28, 1867, from Russia (see ante). Our evidences of sovereignty there and the keeping of the peace depend on the presence of the military or naval branches of the government. Area 5 31,409 square miles ; or as large as two States like Texas, twenty like Pennsylvania, or four hundred and thirty-four like Rhode Island. . , WYOMING—The last Territory formed was Wyoming, by not of July 25, 1868. Area 97,575 square miles. It embraces the remnants of more States and Territories than any other, being the last formed. It includes'parts of the French and Mexican cessions, and parts of what were Oregon, Nebraska, Idaho, Dakota, Washington and Utah Territories. ALL HARMONIOUS—This brings all the Territory of the United States into definite subdivisions, and gives to each a form of government in harmony with the government of the whole._ The States have constitutions, forms of government, and codes of laws, enacted by their people, and in accord with the federal constitution. The Territories have only statutory existence and definite metes and bounds. Their governments do not exist by voice of the people but by Act of Congress: they therefore are provisional and temporary, lasting till the people are sufficiently numerous * and unanimous to form acceptable State govern- ments. As already seen, Alaska is held under a military or _ naval government. * In general, the population ought to equal the last apportionment for a member of Congress. But where commercial or other high reasons exist, States are often admitted with a less quota. THE DECLARATION OF INDEPENDENCE. A DECLARATION BY THE REPRESENTATIVES OF THE UNITED STATES OF AMERICA, IN CONGRESS ASSEMBLED WHEN, in the course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to as sume, among the powers of the earth, the separate and equal station to which the laws of nature and of nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation. We hold these truths to be self-evident, that all men are created equal; that they are endowed by their Creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness. That, to secure these rights, governments are instituted among men, deriving their just powers from the consent of the gov- erned ; that, whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it, and to institute a new government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness. Prudence, in- deed, will dictate that governments long established should not be changed for light and transient causes; and, accordingly, all experience hath shown, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But, when a long train of abuses and usurpations, pursuing invariably the same object, evinces a design to re- duce them under absolute despotism, it is their right, it is their duty, to throw off such government, and to provide new guards for their future security. Such has (151) w‘152 ‘ POLITICAL HISTORY OF been the patient sufi‘erance of these colonies, and such is ‘now the necessity which constrains them to alter their former systems of government. The history of the present king of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute tyranny over these States. To prove this, let facts be submitted to a candid world: He has refused his assent to laws the most wholesome and necessary for the public good. He has forbidden his governors to pass laws of immediate and pressing impor— tance, unless suspended in their operation till his assent should be obtained; and, when so suspended, he has utterly neglected to attend to them. He has refused to pass other laws for the accommodation of large districts of people, unless those people would relinquish the right of representation in the legis- lature; a right inestimable to them and formidable to tyrants only. He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their public records, for the sole purpose of fatiguing them into compliance with his measures. He has dissolved representative houses repeatedly, for opposing with manly firm- ness his invasions on the rights of the people. He has refused, for a long time after such dissolutions, to cause others to be elected; whereby the legislative powers, incapable of annihilation, have returned to the people at large for their exercise; the State remaining, in the meantime, exposed to all the danger of invasion from without and convulsions within. He has endeavored to prevent the population of these States; for that purpose, obstructing the laws for naturalization of foreigners ; refusing to pass others to encourage their migration hither, and raising the conditions of new appropriations of lands‘. He has obstructed the administration of justice, by refusing his assent to laws for establishing judiciary powers. He has made judges dependent on his will alone for the tenure of their ofiices and the amount and payment of their salaries. ' He has erected a multitude of new oflices, and sent hither swarms of officers to harass our people and eat out their substance. He has kept among us, in times of peace, standing armies, without the consent of our legislature. He has affected to render the military independent of, and superior to, the civil power. He has combined with others to subject us to a jurisdiction foreign to our con- stitution, and unacknowledged by our laws; giving his assent to their acts of pre- tended legislation: For quartering large bodies of armed troops among us; For protecting them, by a mock trial, from punishment for any murders which they should commit on the inhabitants of these States; For cutting off our trade with all parts of the world; For imposing taxes on us without our consent; For depriving us, in many cases, of the benefits of trial by jury; THE UNITED STATES. 153 For transporting us beyond seas to be tried for pretended offences; For abolishnig the free system of English laws in a neighboring province, estab- lishing therein an arbitrary government, and enlarging its boundaries, so as to render it at once an example and fit instrument for introducing the same absolute rule into these colonies; For taking away our charters, abolishing our most valuable laws, and altering, fundamentally, the powers of our governments; For suspending our own legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever. He has abdicated government here, by declaring us out of his protection and waging war against us. > He has plundered our seas, ravaged our coasts, burnt our towns, and destroyed the lives of our people. . He is, at this time, transporting large armies of foreign mercenaries to complete the works of death, desolation, and tyranny, already begun, with circumstances of cruelty and perfidy scarcely paralleled in the most barbarous ages, and totally un- worthy the head of a civilized nation. He has constrained our fellow-citizens, taken captive on the high seas, to bear arms against their country, to become the executioners of their friends and brethren, or to fall themselves by their hands. He has excited domestic insurrections amongst us, and has endeavored to bring on the inhabitants of our frontiers the merciless Indian savages, whose known rule of warfare is an undistinguished destruction, of all ages, sexes and conditions. In every stage of these oppressions, we have petitioned for redress, in the most humble terms; our repeated petitions have been answered only by repeated injury. A prince, whose character is thus marked by every act which may define a tyrant, is unfit to be the ruler of a free people. Nor have we been wanting in attention to our British brethren. We have warned them, from time to time, of attempts made by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them, by the ties of our com- mon kindred, to disavow these usurpations, which would inevitably interrupt our connections and correspondence. They, too, have been deaf to the voice of justice and consanguinity. We must, therefore, acquiesce in the necessity which denounces our separation, and hold them as we hold the rest of mankind, enemies in war, in peace, friends. We, therefore, the representatives of the UNITED STATES OF AMERICA, in GEN- ERAL CONGRESS assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the name', and by the authority of the good people of these colonies, solemnly publish and declare, That these United Colonies are, and of right ought to be, free and independent States; that they are absolved from all allegiance to the British crown, and that all political connection between them and the state of Great Britain, is, and ought to be, totally dissolved; and that, as FREE AND INDEPENDENT STATES, they have full power to levy war, conclude peace, 154 POLITICAL HIsToRY contract alliances, establish commerce, and to do all other acts and things which INDEPENDENT STATES may of right do. And, for the support of this declaration, with a firm reliance on the protection of DIVINE PROVIDENCE, we mutually pledge to each other, our lives, our fortunes, and our sacred honor. ' ARTICLES OF CONFEDERATION AND perpetual union between the states of New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia. ARTICLE I. The style of this Confederacy shall be, “ THE UNITED STATES OF AMERICA.” ' ARTICLE II. Each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this Confederation expressly delegated to the United States in Congress assembled. ARTICLE III. The said states hereby severally enter into a firm league of friend- ship with each other, for their common defence, the security of their liberties, and their mutual and general welfare; binding themselves to assist each other against all force offered to, or attacks made upon them, or any of them, on account of religion, sovereignty, trade, or anyother pretence whatever. ARTICLE IV. The better to secure and perpetuate mutual friendship and inter- course among the people of the different states in this Union, the free inhabitants of each of these states, paupers, vagabonds, and fugitives from justice excepted, shall be entitled to all privileges and immunities of free citizens in the several states; and the people of each state shall have free ingress and regress to and from any other state; and shall enjoy therein all the privileges of trade and' commerce, subject to the same duties, impositions, and restrictions as the inhabitants thereof respectively; provided, that such restriction shall not extend so far as to prevent the removal of property imported into any state to any other state, of which the owner is an inhab- itant; provided also, that no imposition, duties, or restriction shall be laid by any state on the property of the United States, or either of them. If any person guilty of, or charged with treason, felony, or other high misdemeanor, in any state, shall flee from justice, and be found in any of the United States, he shall, upon demand of the governor or executive power of the state from which he fled, be delivered up and removed to the state having jurisdiction of his offence. Full faith and credit shall be given in each of these states to the records, acts, and judicial proceedings of the courts and magistrates of every other state. ARTICLE V. For the more convenient management of the general interests of the United ‘States, delegates shall be annually appointed ‘in such manner as the leg- islature of each state shall direct, to meet in Congress on the first Monday in November, in every year, with a power reserved to each state to recall its dele- gates, or any of them, at any time within the year, and send others in their stead for the remainder of the year. (155) 156 POLITICAL HISTORY OF No state shall be represented in Congress by less than two, nor by more than seven members; and no person shall be capable of being a delegate for more than three years in any term of six years; nor shall any person, being a delegate, be capable of holding any office under the United States, for which he, or another for his bene- fit, receives any salary, fees, or emolument of any kind. Each state shall maintain its own delegates in a meeting of the states, and while they act as members of the committee of the states. In determining questions in the United States in Congress assembled, each state shall have one vote. Freedom of speech and debate in Congress shall not be impeached or questioned in any court or place out of Congress; and the members of Congress shall be pro- tected in their persons from arrests and imprisonment during the time of their going to, and from, and attending on Congress, except for treason, felony, or breach of the peace. ARTICLE VI. No state, without the consent of the United States in Congress assembled, shall send any embassy to, or receive any embassy from, or enter into any conference, agreement, alliance, or treaty with any king, prince, or state; nor shall any person, holding any office of profit or trust under the United States, or any of them, accept of any present, emolument, office, or title of any kind whatever from any king, prince, or foreign state; nor shall the United States in Congress assembled, or any of them, grant any title of nobility. No two or more states shall enter into any treaty, confederation, or alliance what- ever between them, without the consent of the United States in Congress assembled, specifying accurately the purposes for which the same is to be entered into, and how long it shall continue. ' No state shall lay any imposts or duties, which may interfere with any stipulations in treaties entered into by the United States in Congress assembled, with any king, prince, or state, in pursuance of any treaties already proposed by Congress to the Courts of France and Spain. No vessels of war shall be kept up, in time of 'peace, by any state, except such number only as shall be deemed necessary, by the United States in Congress assem- bled, for the defence of such state, or its trade; nor shall any body of forces be kept up by any state, in time of peace, except such number only as, in the judgment of the United States in Congress assembled, shall be deemed requisite to garrison the forts necessary for the defence of such state: but every state shall always keep up a well-regulated and disciplined militia, sufficiently armed and accoutred; and shall provide and constantly have ready for use, in public stores, a due number of field-pieces and tents, and a proper quantity of arms, ammunition, and camp equipage. I No state shall engage in any war, without the consent of the United States in Congress assembled, unless such state he actually invaded by enemies, or shall have received certain advice of a resolution being formed by some nation of Indians to invade such state, and the danger is so imminent as not to admit of a delay till the United States in Congress assembled can be consulted; nor shall any state grant commissions to any ship or vessels of war, nor letters of marque or reprisal, except THE UNITED STATES. 157 it be after a declaration of war by the United States in Congress assembled; and then only against the kingdom or state, and the subjects thereof, against which war has been so declared, and under such regulations as shall be established by the United States in Congress assembled, unless Such state be infested by pirates, in which case vessels of war may be fitted out for that occasion, and kept so long as the dan- ger shall continue, or until the United States in Congress assembled shall determine otherwise. ARTICLE VII. When land forces are raised by any state for the common defence, all officers of or under the rank of colonel shall be appointed by the legislature of ‘each state respectively, by whom such forces shall be raised, or in such manner as such state shall direct; and all vacancies shall be filled up by the state which first made the appointment. ARTICLE VIII. All charges of war, and all other expenses that shall be incurred for the common defence or general welfare, and allowed by the United States in Congress assembled, shall be defrayed out of a common treasury which shall be sup. plied by the several states in proportion to the value of all land within each state, granted to or surveyed for any person as such land and the buildings and improve- ments thereon shall be estimated, according to such mode as the United States in Congress assembled shall, from time to time, direct and appoint. The taxes for paying that proportion shall be laid and levied by the authority and direction of the legislatures of the several states, within the time agreed upon by the United States in Congress assembled. ARTICLE IX. The United States, in Congress assembled, shall have the sole and exclusive right and power of determining on peace and war, except in the cases mentioned in the sixth Article: Of sending and receiving ambassadors: Entering into treaties and alliances, provided that no treaty of commerce shall be made whereby the legislative power of the respective states shall be restrained from im- posing such imposts and duties on foreigners as their own people are subjected to, or from prohibiting the exportation or importation of any species of goods or com~ modities whatever: Of establishing rules for deciding, in all cases, what captures on land or water shall be legal; and in what manner prizes, taken by land or naval forces in the service of the United States, Shall be divided or appropriated: Of grant~ ing letters of marque and reprisal in times of peace: Appointing courts for the trial of piracies and felonies committed on the high seas; and establishing courts for re- ceiving and determining, finally, appeals in all cases of captures; provided that no member of Congress shall be appointed a judge of any of the said courts. The United States, in Congress assembled, shall also be the last resort, on appeal, in all disputes and differences now subsisting, or that hereafter may arise ‘between two or more states concerning boundary, jurisdiction, or any other cause whatever; which authorjty shall always be exercised in the manner following: Whenever the legislative or executive authority, or lawful agent of any state, in controversy with another, shall present a petition to Congress, stating the matter in question, and praying for a hearing, notice thereof shall be given, by order of Congress, to the legislative or executive authority of the other state in controversy; and a day as- signed for the appearance of the parties by their lawful agents, who shall then be 158 POLITICAL HIsTORY OF directed to appoint, by joint consent, commissioners or judges to constitute a court for hearing and determining the matter in question, but if they cannot agree, Con- gress shall name three persons out of each of the United States; and from the list of such persons each party shall alternately strike out one, the petitioners beginning, until the number shall be reduced to thirteen; and from that number not less than seven nor more than nine names, as Congress shall direct, shall, in the presence of Congress, be drawn out by lot; and the persons whose names shall be so drawn, or any five of them, shall be commissioners or judges to hear and finally determine the controversy, so always as a major part of the judges, who shall hear the cause, shall agree in the determination. And- if either party shall neglect to attend at the day appointed, without showing reasons which Congress shall judge suii’icient, or being present shall refuse to strike, the Congress _shall proceed to nominate three persons out of each state, and the Secretary of Congress shall strike in behalf of such party absent or refusing; and the judgment and sentence of the court, to be appointed in the manner before prescribed, shall be final and conclusive. And if any of the par- - ties shall refuse to submit to the authority of such court, or to appear, or defend their claim or cause, the court shall nevertheless proceed to pronounce sentence or judgment, which shall in like manner be final and decisive; the judgment or sen- tence and other proceedings being, in either case, transmitted to Congress and lodged among the Acts of Congress for the security of the parties concerned : Provided that every commissioner, before he sits in judgment, shalltake an oath, to be adminis- tered by one of the judges of the supreme or superior court of the state where the cause shall be tried, “ Well and truly to hear and determine the matter in question, according to the best of his judgment, without favor, affection, or hope of reward: ” Provided also, that no state shall be deprived of territory for the benefit of the United States. All controversies concerning the private right of soil claimed under different grants of two or more states, whose jurisdictions, as they may respect such lands and the states which passed such grants, are adjusted, the said grants, or either of them, being at the same time claimed to have originated antecedent to such settlement of jurisdiction, shall, on the petition of either party to the Congress of the United States, be finally determined, as near as may be, in the same manner as is before prescribed for deciding disputes respecting territorial jurisdiction between different states. The United States, in Congress assembled, shall also have the sole.and exclusive right and power of regulating the alloy and value of coin struck by their own authority, or by that of the respective states: Fixing the standard of weights and measures throughout the United States: Regulating the trade and managing all affairs with the Indians, not members of any of the states; provided that the legis- lative right of any state within its own limits be not infringed or violated : Estab. lishing and regulating post-oifices, from one state to another, throughout all the United States, and exacting such postage on the papers passing through the same as may be requisite to defray the expenses of the said office: Appointing all officers of the land forces in the service of the United States, excepting regimental officers: Appointing all the officers of the naval forces, and commissioning all ofiieers what- THE UNITED STATES. 159 ever in the service of the United States: Making rules for the government and regu- lation of the land and'naval forces, and directing their operations. The United States, in Congress assembled, shall have authority to appoint a com.- mittee, to sit in the recess of Congress, to be denominated A COMMITTEE OF THE STATES, and to consist of one delegate from each state, and to appoint such other committees and civil officers as may be necessary for managing the general affairs of the United States under their direction: To appoint one of their number to pre- side; provided that no person be allowed to serve in the office of president more than one year in any term of three years : To ascertain the necessary sums of money to be raised for the service of the United States, and to appropriate and apply the same for defraying the public expenses: To borrow money or emit bills on the credit of the United States, transmitting every half year to the respective states an account of the sums of money so borrowed or emitted : To build and equip a navy: To agree upon the number of land forces, and to make requisitions from each state for its quota, in proportion to the number of white inhabitants in such state, which requisi- tion shall be binding; and thereupon the legislature of each state shall appoint the regimental ofiicers, raise the men, and clothe, arm, and equip them, in a soldier- like manner, at the expense of the United States; and the officers and men so clothed, armed, and equipped, shall march to the place appointed, and within the time agreed on by the United States in Congress assembled : but if the United States, in Congress assembled, shall, on consideration of circumstances, judge proper that any state should not raise men, or should raise a smaller number than its quota, and that any other state should raise a greater number of men than its quota thereof, such extra number shall be raised, officered, clothed, armed, and equipped in the same manner as the quota of such state; unless the legislature of such state shall judge that such extra number cannot be safely spared out of the same; in which case they shall raise, oflicer, clothe, arm, and equip as many of such extra number as they judge can be safely spared: and the officers and men so clothed, armed, and equipped, shall march to the place appointed, and within the time agreed on by the United States in Congress assembled. The United States, in Congress assembled, shall never engage in a war; nor grant letters of marque and reprisal in time of peace; nor enter into any treaties or alli- ances; nor coin money; nor regulate the value thereof; nor ascertain the sums and expenses necessary for the defence and welfare of the United States, or any of them; nor emit bills; nor borrow money on the credit of the United States; nor appro- priate money; nor agree upon the number of vessels of war to be built or purchased, or the number of land or sea forces‘ to be raised ; nor appoint a Commander-in-Chief of the army or navy; unless nine states assent to the same; nor shall a question on any other point, except for adjourning from day to day, be determined, unless by the votes of a majority of the United States in Congress assembled. The Congress of the United States shall have power to adjourn to any time within the year, and to any place within the United States, so that no period of ad- journment be for a longer duration than the space of six months; and shall publish the Journal of their proceedings monthly, except such parts thereof relating to treaties, alliances, or military operations, as in their judgment require secrecy; and 160 POLITICAL HISTORY. the yeas and nays of the delegates of each state on any question shall be entered on the Journal, when it is desired by any delegate; and the delegates of a state, or any of them, at his or their request, shall be furnished with a transcript of the said Journal, except such parts as are above excepted, to lay before the legislatures of the several states. ARTICLE X. The committee of the states, or any nine of them, shall be author- Ized to execute, in the recess of Congress, such of the powers of Congress as the United States in Congress assembled, by the consent of nine states, shall from time to time think expedient to vest them with; provided that no power be delegated to the said committee, for the exercise of which, by the Articles of Confederation, the voice of nine states in the Congress of the United States assembled is requisite. ARTICLE XI. Canada, acceding to this Confederation, and joining in the measures of the United States, shall be admitted into, and entitled to all the advantages of this Union; but no other colony shall be admitted into the same, unless such ad- mission be agreed to by nine states. ARTICLE XII. All bills of credit emitted, moneys borrowed, and debts contracted by, or under the authority of Congress, before the assembling of the United States, in pursuance of the present Confederation, shall be deemed and considered as a charge against the United States, for payment and satisfaction whereof the said United States, and the public faith, are hereby solemnly pledged. ARTICLE XIII. Every state shall abide by the determinations of the United States in Congress assembled, on all questions which by this Confederation are submitted to them. And the Articles of this Confederation shall be inviolably observed by every state; and the Union shall be perpetual. Nor shall any alteration at any time hereafter be made in any of them, unless such alteration be agreed to in a Congress of the United States, and be afterwards confirmed by the legislatures of every state. ' And whereas, it hath pleased the Great Governor of the world to incline the hearts of the legislatures we respectively represent in Congress, to approve of, and to authorize us to ratify the said Articles of Confederation and perpetual Union: Know ye that we the undersigned delegates, by virtue of the power and authority to us given for that purpose, do by these presents, in the name and in behalf of our respective constituents, fully and entirely ratify and confirm each and every of the said Articles of Confederation and perpetual Union, and all and singular the matters and things therein contained. 'And we do further solemnly plight and engage the faith of our respective constituents, that they shall abide by the determinations of the United States in Congress assembled, on all questions, which by the said Con- federation are submitted to them; and that the articles thereof shall be inviolably observed by the states we respectively represent; and that the Union shall be per- petual. In witness whereof we have hereunto set our hands in Congress. Done at Philadelphia, in the state of Pennsylvania, the 9th day of July, in the year of our Ldi'd 1778, and in the 3d year of the Independence of America. CONSTITUTION OF THE UNITED STATES OF AMERICA. WE, the people of the United States, in order to form a more perfect Union, establish justice, insure domestic tranquility, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America. ARTICLE I. SECTION I.-—1. All legislative powers herein granted shall be vested in a Con- gress of the United States, which shall consist of a Senate and House of Represent- atives. SECTION 2.-—1. The House of Representatives shall be composed of members chosen every second year by the people of the several states, and the electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislature. 2. No person shall be a Representative who shall not have attained to the age of twenty-five years, and been seven yearsa citizen of the United States, and who shall not, when elected, be an inhabitant of that state in which he shall be chosen. 3. Representatives and direct taxes shall be apportioned among the several states . which may be included within this Union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three- fifths of all other persons. The actual enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subse- _ quent term of ten years, in such manner as they shall by law direct. The, number of Representatives shall not exceed one for every thirty thousand, but each state shall have at least one Representative; and, until such enumeration shall be made, the state of New Hampshire shall be entitled ‘to choose three, Massachusetts eight, 11 (161) 162 POLITICAL HISTORY OF q Rhode Island and Providence Plantations one, Connecticut five, New York six, New ‘ Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three. 4. When vacancies happen in the representation from any state, the executive authority thereof shall issue writs of election to fill such vacancies. 5. The House of Representatives shall choose their Speaker and other ofiicers ; and shall have the sole power of impeachment. ‘ SECTION 3.—-I. The Senate of the United States shall be composed of two Sena- tors from each state, chosen by the legislature thereof, for six years; and each Sen’ ator shall have one vote. 2. Immediately after they shall be assembled in consequence of the first election, they shall be divided‘, as equally as may be, into three classes. The seats of the Senators of the first class shall be vacated at the expiration of the second year; of the second class, at the expiration of the fourth year; and of the third class, at the expiration of the sixth year; so that one-third may be chosen every second year; and if vacancies happen by resignation, or otherwise, during the recess of the legis- lature of any state, the executive thereof may make temporary appointments until the next meeting of the legislature, which shall then fill such vacancies. ' 3. No person shall be a Senator who shall not have attained to the age of thiity years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state for which he shall be chosen. 4. The Vice-President of the United States shall be President of the Senate, but shall have no vote, unless they be equally divided. 5. The Senate shall choose their other officers, and also a President pro tempore, in the absence of the Vice-President, or when he shall exercise the office of President of the United States. 6. The Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the President of the United States is tried, the Chief Justice shall preside; and no person shall be convicted without the concurrence of two-thirds of the members present. 7. Judgment in cases of impeachment shall not extend fuither than to removal from office, and disqualification to hold and enjoy any oflice of honor, trust, or profit, under the United States; but the party convicted shall, nevertheless, be liable and subject to indictment, trial, judgment, and punishment, according to law. SECTION 4.—1. The times, places, and manner, of holding elections for Senators and Representatives, shall be prescribed in each state by the legislature thereof : but the Congress may at any time, by law, make or alter such‘ regulations, except as to the places of choosing Senators. 2. The Congress shall assemble at least once in every year, and such meeting shall be on the first Monday in December, unless they shall by law appoint a dif- ferent day. SECTION 5.--I. Each House shall be the judge of the elections, returns, and qualifications of its own members, and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties, as each House may provide. THE UNITED STATES. 1 63 2. Each House may determine the rules of its proceedings, punish its mem- bers for disorderly behavior, and with the concurrence of two-thirds, expel a member. 3. Each House shall keep a journal of its proceedings, and, from time to time, publish the same, excepting such parts as may, in their judgment, require secrecy; and the yeas and nays of the members of either House, on any question, shall, at the desire of one-fifth of those present, be entered on the journal. 4. Neither House, during the session of Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting. SECTION 6.—I. The Senators and Representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the United States. They shall, in all cases, except treason, felony, and breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to, and returning from, the same; and for any speech or de- bate in either House, they shall not be questioned in any other place. 2. No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States, which shall have been created, or the emoluments whereof shall have been increased during such time; and no person holding any office under the United States, shall be a mem- ber of either House during his continuance in office. I SECTION 7.—I. All bills for raising revenue shall originate in the House of Rep- resentatives ; but the Senate may propose or concur with amendments as on other bills. 2. Every bill, which shall have passed the'House of Representatives and the Sen- ate, shall, before it become a law, be presented to the President of the United States; if he approve, he shall sign it, but if not, he shall return it, with his objections, to that House in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If, after such reconsideration, two- thirds of that House shall agree to pass the bill, it shall be sent, together with the objections, to the other House, by which it shall likewise be reconsidered, and if approved by two-thirds of that House, it shall become a law. But in all such cases the votes of both Houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each House respectively. If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress, by their adjourn- ment, prevent its return, in which case it shall not be a law. 3. Every order, resolution, or vote, to which the concurrence of the Senate and House of Representatives may be necessary (except on a question of adjournment), ' shall be presented to the President of the United States; and before the same shall take effect, shall be approved by him, or, being disapproved by him, shall be repassed by two-thirds of the Senate and House of Representatives, according to the rules and limitations prescribed in the case of a bill. SECTION 8.-The Congress shall have power 164 POLITICAL HISTORY OF I. To lay and collect taxes, duties, imposts, and excises, to pay the debts, and ‘ provide for the common defence and general welfare, of the United States; but all duties, imposts, and excises, shall be uniform throughout the United States: 2. To borrow money on the credit of the United States: . 3. To regulate commerce with foreign hations, and among the several states, and ' with the Indian tribes: ‘ 4. To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies, throughout the United States: . 5. To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures: ' 6. To provide for the punishment of counterfeiting the securities and current- coin of the United States: 7. T o establish post-otfice‘s and post-roads: 8. To promote the progress of science and useful arts, by securing, for limited times, to authors and inventors, the exclusive right to their respective writings and discoveries : 9. To constitute tribunals inferior to the Supreme Court: to. To define and punish piracies and felonies, committed on' the high seas, and offences against the law of nations : C II. To declare war, grant letters of marque and reprisal, and make rules con- cerning captures on land and water: 12. To raise and suppdrt armies; but no appropriation of money to that use shall be for a longer term than two years: 13. To provide and maintain a navy: 14. To make rules for the government and regulation of the land and naval forces: I 5. To provide for calling forth the militia to execute the laws of the Union, sup- press insurrections, and repel invasions: 16.. To provide for organizing, arming, and disciplining the militia, and for gov- erning such part of them as may be employed in the service of the United States, reserving to the states respectively the appointment of the officers, and the authority of training the militia, according to the discipline prescribed by Congress: 17. To exercise exclusive legislation in all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of Congress, become the seat of the government of_ the United States, and to exercise like authority over all places, purchased by the consent of the legis~ lature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dock-yards, and other needful buildings :—And 18. To make all laws which shall be necessary and proper for carrying into exe- cution the foregoing powers, and all other powers vested by this Constitution in the Government of the United States, or in any department or oflicer thereof. SECTION 9.-—I. The migration or importation of such persons, as any of the states, now existing, shall think proper to admit, shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight; but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person. THE UNITED STATES. 165 2. The privilege of the writ of Izabeas corpus shall notbe suspended, unless when, in cases of rebellion or invasion, the public safety may require it. 3. No bill of attainder, or ex postfaeto law, shall be passed. 4. No capitation, or other direct tax, shall be laid, unless in proportion to the census or enumeration hereinfore directed to be taken. 5. No tax or duty shall be laid on articles exported from any state. No preference shall be given by any regulation of commerce or revenue to the ports of one state over those of another; nor shall vessels bound to, or from, one state, be obliged to enter, clear, or pay duties, in another. - 6. No money shall be drawn from the treasury, but in consequence of appropria- tions made by law; and a regular statement and account of the receipts and expen~ ditures of all public money shall be published from time to time. 7. N 0 title of nobility shall be granted by the United States; and no person, holding any oflice of profit or trust under them, shall, without the consent of the Congress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state. SECTION IO.-—I. No state shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make any- thing but gold and silver coin a tender in payment of debts; pass any bill of attain- der, ex posz‘faez‘o law, or law impairing the obligation of contracts, or grant any title of nobility. 2. No state shall, without the consent of the Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws; and the net produce of all duties and imposts, laid by any state on imports or exports, shall be for the use of the treasury of the United States; and all such laws shall be subject to the revision and control of the Congress. No state shall, without the consent of Congress, lay any duty of tonnage, keep troops, or ships of war, in time of peace, enter into any agreement or compact with another state, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay. ARTICLE II. . SECTION I.—-I. The Executive power shall be vested in a President of the United States of America. He shall hold his oflice during the term of four years, and to- gether with the Vice-President, chosen for the same term, be elected as follows: 2. Each state shall appoint, in such manner as the legislature thereof may direct, a number of Electors, equal to the whole number of Senators and Representatives, to which the state may be entitled in the Congress; but no Senator or Representa- tive, or person holding an ofiice of trust or profit, under the United States, shall be appointed an‘ Elector. 3. The Electors shall meet in their respective states, and vote by ballot for two persons, of whom one, at least, shall not be an inhabitant of the same state with themselves. And they shall make a list of all the persons voted for, and of the number of votes for each; which list they shall sign and certify, and transmit, sealed, to the seat of the Government of the United States, directed to the President of the 166 POLITICAL HISTORY OF .Senate. The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes shall be the President, if such num- ber be a majority of the whole number of Electors appointed; and if there be more than one, who have such majority, and have an equal number of votes, then the House of Representatives shall immediately ‘choose, by ballot, one of them for President; and if no person have a majority, then, from the five highest on the list, the said House shall, in like manner, choose the President. But in choosing the President, the votes shall be taken by states, the representation from each state hav- ing one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to achoice. In every case, after the choice of the President, the person having the greatest num- ber of votes of the Electors shall be the Vice-President. But if there should remain two or more who have equal votes, the Senate shall choose from them, by ballot, the Vice-President. 4. The Congress may determine the time of choosing the Electors, and the day on which they shall give their votes; which day shall be the same throughout the United States. 5. No person, except a natural-born citizen, or a citizen of the United States at the time of the adoption of this Constitution, shall be eligible to the office of Presi- dent; neither shall any person be eligible to that office, who shall not have attained to the age of thirty-five years, and been fourteen years a resident within the United States. ' 6. In case of the removal of the President from ofiice, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall de- volve on the Vice-President, and the Congress may by law provide for the case of removal, death, resignation, or inability, both of the President and Vice-President, declaring what ofiicer shall then act as President, and such officer shall act accord- ingly, until the disability be removed, or a President shall be elected. 7. The President shall, at stated times, receive for his services, a compensation, which shall neither be increased nor diminished during the period for which he shall have been elected, and he shall not receive, within that period, any other emolument from the United States, or any of them. 8. Before he enter on the execution of his office, he shall take the following oath or affirmation : - 9. -“ I do solemnly swear (or afiirm), that I will faithfully execute the Office of President of the United States, and will, to the best of my ability, preserve, protect, and defend the Constitution of the United States.” SECTION 2.-—-I. The President shall be Commander-in-Chief of the army and navy of the United States, and of the militia of the several states, when called into the actual service of the United States; he may require the opinion, in writing, of the principal otficer in each of the executive departments-upon any subject relating to the duties of their respective offices, and he shall have power to grant reprieves and pardons for offences against the United States, except in cases of impeachment. 2. He shall have power, by and with the advice and consent of the Senate, THE UNITED STATES. 167 to make treaties, provided two-thirds of the Senators present concur; and he shall nominate, and, by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers, and consuls, judges of the Supreme Court, and all other officers of the United States whose appointments are not herein otherwise provided for, and which shall be established by law : but the Congress may by law vest the appointment of such inferior oflicers, as they think proper, in the President alone, in the courts of law, or in the heads of departments. 3. The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session. SECTION 3.—I. He shall, from time to time, give to the Congress information of the state of the Union, and recommend to their consideration such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, convene both Houses, or either of them, and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper; he shall receive ambassadors and other public ministers; he shall take ' care that the laws be faithfully executed, and shall commission all the officers of the United States. SECTION 4.—I. The President, Vice-President, and all civil officers of the United States, shall be removed from ofiice on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors. ARTICLE III. SECTION I.—I. The judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as the Congress may, from time to time, ordain and establish.’ The judges, both of the Supreme and inferior courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services a compensation which shall not be diminished during their continuance in office. SECTION 2.—I. The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority; to all cases affecting ambassadors, other public ministers, and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which the United States shall be a party; to controversies between two or more states, betwen a state and citizens of another state, between citizens of different states, between citizens of the same state claiming lands under grants of different states, and between a state or the citizens thereof, and foreign states, citizens, or subjects. 2. In all cases afl'ecting ambassadors, other public ministers and consuls, and those in which a state shall be a party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions and under such regulations as the Congress shall make. ‘ 3. The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crimes shall have been committed; 168 POLITICAL HISTORY OF but when notcommitted within any state the trial shall be at .such place or places as the Congress may by law have directed. - SECTION 3.--I. Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court. 2. The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood or forfeiture, except dur- ing the life of the person attaint'ed. ' ARTICLE Iv. SECTION I.-—I. Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. And the Congress may, by general laws, prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof. I SECTION 2.-—I. The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states. 2. A person charged in any state with treason, felony, or other crime, who shall flee from justice, and be found in another state, shall, on demand of the executive authority of the state from which he fled, be delivered up, to be removed to the state having jurisdiction of the crime. 3. No person held to service or labor in one state, under the laws thereof, escap- ing into another, shall, in consequence of any law or regulation therein, be dis- charged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due. SECTION 3.-—,-I. New states may be admitted by the Congress into this Union; but no new state shall be formed or erected within the jurisdiction of any other state; nor any state he formed by the junction of two or more states, or parts of states, without the consent of the legislatures of the states concerned as well as of the Congress. 2. The Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States; and nothing in this Constitution shall be so construed as to prejudice any claims of _ the United States, or of any particular state. SECTION 4.—-I. The United States shall guarantee to every state in this Union a republican form of government, and shall protect each of them against invasion; and on application of the legislature, or of the executive (when the legislature cannot be convened), against domestic violence. ARTICLE V. 1. The Congress, whenever two-thirds of both Houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legisla- tures of two-thirds of the several states, shall call a convention for proposing amend- ments, which, in either case, shall be valid, to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three-fourths of the several THE UNITED STATES. 1 69 states, or by conventions in three-fourths thereof, as the one or the other mode of ratification may be proposed by the Congress : provided that no amendment which may be made priorto the year one thousand eight hundred and eight shall, in any manner, affect the first and fourth clauses in the ninth section of the first Article; and that no state, without its consent, shall be deprived of its equal sufl‘rage in the Senate. ' ARTICLE VI. 1. All debts contracted and engagements entered into, before the adoption of this Constitution, shall be as valid against the United States under this Constitution as under the Confederation. ' 2. This Constitution, and the laws of the United States which shall be made in pursuance thereof, and all treaties made, or which shall be made, under the author- ity of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding. 3. The Senators and Representatives before mentioned, and the members of the several state legislatures, and all executive and judicial oFficerS, both of the United States and of the several states, shall be bound, by oath or afiirmation, to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States. ARTICLE VII. I. The ratification of the conventions of nine states shall be sufiicient for the estab- lishment of this Constitution between the states so ratifying the same. AMENDMENTS To THE CONSTITUTION. ARTICLE 1. Congress shall make no law respecting an establishment of religion, or prohibit- ing the free exercise thereof; or abridging the freedom of Speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. ARTICLE II. A well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed. ARTICLE III. No soldier shall, in time of peace, be quartered in any house without the consent of the owner; nor, in time of war, but in a manner to be prescribed by law. . 170 POLITICAL HISTORY OF ARTICLE IV. The right of the people to be secure in their persons, houses, papers, and efl'ects, against unreasonable searches and seizures, shall not be violated‘; and no warrants shall issue but upon probable cause, supported by oath or afi’irmation, and particularly gescribing the place to be searched, and the person or things to be seized. ARTICLE V. No person shall be held to answer for a capital, or otherwise infamous, crime, un¢ less on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service, in time of war or public danger; nor shall any person be subject, for the same offence, to be twice put in jeopardy of life or limb; nor shall be compelled, in any criminal case, to be a wit- ness against himself, nor be deprived of life, liberty, or property, without due pro- cess of law; nor shall private property be taken for public use, without just com- pensation. ARTICLE VI. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law; and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor; and to have the assistance of counsel for his defence. ARTICLE VII. In suits at common law, where the value in controversy shall exceed twenty dol- lars, the right of trial by jury shall be preserved; and no fact, tried by a jury, shall be otherwise re-examined in any court of the United States than according to the rules of the common law. ARTICLE VIII. Excessive bail shall not be required, nor excessive fines imposed, norcruel and unusual punishments inflicted. ARTICLE IX. The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people. ARTICLE X.* The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people. ARTICLE XL-j- The judicial power of the United States shall not be construed to extend to any *The first ten Amendments were proposed by Congress, September 25, 1789, and declared in force December 15, I791. 1' Proposed by Congress March 5, 1794, declared in force January 8, 1798. THE UNITED STATES. 171 suit in law or equity commenced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state. ARTICLE XII. * I. The Electors shall meet in their respective states, and vote by ballot for Presi- dent and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President; and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign, and certify, and transmit, sealed, to the seat of the Government of the United States, directed to the President of the Senate; the President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted; the person having the greatest number of votes for President shall be the President, if such number he a majority of the whole number of Electors appointed; and if no person have such a majority, then, from the persons having the highest numbers, not exceeding three, on the list of those voted for as President, the House of Representatives shall choose imme- diately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Rep- resentatives shall not choose a President, whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in case of the death, or other constitutional disability, of the President. ‘ 2. The person having the greatest number of votes as Vice-President shall be the Vice-President, if such number he a majority of the whole number of Electors ap- pointed; and if no person have a majority, then, from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators; a majority of the whole num- ber shall be necessary to a choice. 3. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States. ARTICLE XIIL’r SECTION I.--Neither slavery nor involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. SECTION 2.—Congress shall have power to enforce this article by appropriate legislation. Proposed by Congress December 12, 1803, declared in force September 25, 1804. 1' Proposed by Congress February 1, 1865, declared in force December 18, 1865. 17 2 POLITICAL HISTORY OF ARTICLE XIV.* SECTION I.-All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privi- leges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law, nor deny to any per- son within its jurisdiction the equal protection of the laws. SECTION 2.——Representatives shall be apportioned among the several states ac- cording to their respective numbers, counting the whole number of persons in each state, excluding Indians not taxed. But when the right‘to vote at any election 'for the choice of electors for President and Vice-President of the United States, Repre~ sentatives in Congress, the executive and judicial officers of a state, or the members of the legislature thereof, is denied to any of the male inhabitants of such state, being twenty-one years of age, and citizens of the United States, or in any way ab- ridged, except for participation in rebellion or other crime, the basis-of representa~ tion therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such state. SECTION 3.—-No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any oflice, civil or military, under _ the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an OffiCCI' of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may, by a vote of two-thirds of each House, remove such disability. SECTION 4.-—The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any state shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations, and claims-shall be held illegal and void. SECTION 5.—-The Congress shall have power to enforce, by appropriate legisla- tion, the provisions of this article. ‘ ARTICLE XVrj- SECTION I.—-The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of race, color, or pre- vious condition of servitude. SECTION 2.—-The Congress shall have power to enforce this article by appropriate legislation. I ~ * Proposed by Congress June 16, 1866, declared in force July 28, 1868. 1' Proposed by Congress February 26, 1869, declared in force March 30, 1870. THE UNITED STATES. 178 ACTION OF THE CONVENTION AFTER AGREEING ON A CONSTITUTION. IN THE CONSTITUTIONAL CONVENTION, MONDAY, September 17, 1787. Present: The States of New Hampshire, Massachusetts, Connecticut, Mr. Hamilton from New York, New jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia. Resolved, ‘That the preceding Constitution be laid before the United States in Con- gress assembled, and that it is the opinion of this convention that it should after- wards be submitted to a Convention of delegates, chosen in each state by the people thereof, under the recommendation of its legislature, for their assent and ratification; and that each convention, assenting to and ratifying the same, should give notice thereof to the United States in Congress assembled. ]I)(’.§0/'Z/c’(/, That it is the opinion of this Convention, that as soon as the conventions of nine states shall have ratified this Constitution, the United States in Congress assembled should fix a day on which electors should be appointed by the states which shall have ratified the same, and a day on which the electors should assemble to vote for the President, and the time and place for commencing proceedings un- der this Constitution. That after such publication the electors should be appointed, and the Senators and Representatives elected; that the electors should meet On the day fixed for the election of the President, and Should transmit their votes certified, Signed, sealed, and directed as the Constitution requires, to the Secretary of the United States in Congress assembled; and that the Senators and Representatives should convene at the time and place assigned; that the Senators should appoint a president Of the Senate, for the sole purpose of receiving, opening, and counting the votes for President; and that, after he shall be chosen, the Congress, together with the President, should, without delay, proceed to execute this Constitution. By‘ the unanimous order of the Convention. GEORGE \VASHINGTON, Presz'a’enz‘. WILLIAM JACKSON, Seeretaiy. WASHINGTON SUBMITS THE CONSTITUTION To CONGRESS. IN THE CONSTITUTIONAL CONVENTION, Sepeemeer I7, r787. SIR: We have now the honor to submit to the consideration of the United States in' Congress assembled that Constitution which has appeared to us the most ad- visable. The friends of our country have long seen and desired that the power of making war, peace, and treaties, that of levying money and regulating commerce, and the Correspondent executive and judicial authorities should be fully and effectually vested in the General Government of the Union ; but the impropriety of delegating such extensive trust to one body of men is evident: hence results the necessity of a different organization. 174 POLITICAL HISTORY. It is obviously impracticable, in the Federal Government of these States, to secure all rights of independent sovereignty to each, and yet provide for the interest and safety of all. Individuals entering into society must give up a share of liberty to preserve the rest. The magnitude of the sacrifice must depend as well on situation and circumstance as on the object to be obtained. It is at all times difficult to draw with precision the line between those rights which must be surrendered and those which may be reserved; and on the present occasion this difficulty was increased by a difference among the several states as to their situation, extent, habits, and par- ticular interests. ‘In all our deliberations on this subject, we kept steadily in our view that which appears to us the greatest interest of every true American—the consolidation of our Union—in which is involved our prosperity, felicity, safety, perhaps our national existence. This important consideration, seriously and deeply impressed on our minds, led each state in the Convention to be less rigid on points of inferior magni- tude than might have been otherwise expected; and thus the Constitution which we now present is the result of a spirit of amity, and of that mutual deference and con- cession which the peculiarity of our political situation rendered indispensable. That it will meet the full and entire approbation of every state is not, perhaps, to be expected; but each will doubtless consider that, had her interest been alone con~ sulted, the consequences might have been particularly disagreeable or injurious to others; that it is liable to as few exceptions as could reasonably have been expected, we hope and believe; that it may promote the lasting welfare of that country so dear to us all, and secure her freedom and happiness, is our most ardent wish. \Vith great respect, we have the honor to be, sir, your excellency’s most obedient, humble servants. By unanimous order of the Convention. GEORGE \VASHINGTON, I’rr'sz'dmz’. His Excellency the PRESIDENT OF CONGRESS. FAREWELL ADDRESS OF GEORGE WASHINGTON, PRESIDENT, TO THE PEOPLE OF THE UNITED STATES, September 175 1796. Friends and Fellozu-cz'tzzens: The period for a new election of a citizen to administer the Executive Govern- ment of the United States being not far distant, and the time actually arrived when your thoughts must be employed in designating the person who is to be clothed with that important trust, it appears to me proper, especially as it may conduce to a more distinct expression of the public voice, that I should now apprise you of the resolu- tion I have formed, to decline being considered among the number of those out of whom a choice is to be made. I beg you, at the same time, to do me the justice to be assured that this resolution has not been taken withouta strict regard to all the considerations appertaining to the relation which binds a dutiful citizen to his country; and that, in withdrawing the tender of service, which silence, in my situation, might imply, I am influenced by no diminution of zeal for your future interest; no deficiency of grateful respect for your past kindness; but am supported by a full conviction that the step is com- patible with both. The acceptance of, and continuance hitherto in, the office to which your sufl'rages have twice called me, have been a uniform sacrifice of inclination to the opinion of duty, and to a deference for what appeared to be your desire. I constantly hoped that it would have been much earlier in my power, consistently with motives which I was not at liberty to disregard, to return to that retirement from which I had been reluctantly drawn. The strength of my inclination to do this, previous to the last election, had even led to the preparation of an address to declare it to you; but ma- ture reflection on the then perplexed and critical posture of our affairs with foreign nations, and the unanimous advice of persons entitled to my confidence, impelled me to abandon the idea. ' . I rejoice that the state of your concerns, external as well as internal, no longer renders the pursuit of inclination incompatible with the sentiment of duty or propri- ety; and am persuaded, whatever partiality may be retained for my services, that, in the present circumstances of our country, you will not disapprove my determination to retire. (175) 176 POLITICAL HISTORY OF The impressions with which I first undertook the arduous trust were explained on the proper occasion. In the discharge of this trust, I will only say, that I have with good intentions contributed towards the organization and administration of the Gov- ernment the best exertions of which a very fallible judgment was capable. Not unconscious in the outset of the inferiority of my qualifications, experience, in my own eyes—perhaps still more in the eyes of others—has strengthened the motives to difi'idence of myself; and every day the increasing weight of years admonishes me, more and more, that the shade of retirement is as necessary to me as it will be wel- come. Satisfied, that if any circumstances have given peculiar value to my services, they were temporary, I have the consolation to believe that, while choice and pru- dence invite‘ me to quit _the political scene, patriotism does not forbid it. In looking forward to the moment which is intended to terminate the career of my public life, my feelings do not permit me to suspend the deep acknowledgment of that debt of gratitude which I owe to my beloved country for the many honors it has conferred upon me; still more for the steadfast confidence with which it has sup- ported me; and for the opportunities I have thence enjoyed of manifesting my inviolable attachment, by services faithful and persevering, though in usefulness unequal to my zeal. If benefits have resulted to our country from these services, let it always be remembered to your praise and as an instructive example in our annals, that, under circumstances in which the passions, agitated in every direction, were liable to mislead; amidst appearances sometimes dubious, vicissitudes of fortune often discouraging; in situations in which, not unfrequently, want of success has countenanced the spirit of criticism,-—the constancy of your support was the essen- tial prop of the efforts, and a guarantee of the plans, by which they were effected. Profoundly penetrated with this idea, I shall carry it with me to my grave, as a strong incitement to unceasing vows, that Heaven may continue to you the choicest tokens of its beneficence; that your union and brotherly affection may be perpetual; that the free Constitution, which is the work of your hands, may be sacredly maintained; that its administration, in every department, may be stamped with wisdom and vir- tue ; that, in fine, the happiness of the people of these States, under the auspices of liberty, may be made complete, by so careful a preservation and so prudent a use of this blessing as will acquire to them the glory of recommending it to the applause, the affection, and the adoption of every nation which is yet a stranger to it. Here, perhaps, I ought to stop; but a solicitude for your welfare, which cannot end but with my life, and the apprehension of danger natural to that solicitude, urge me, on an occasion like the present, to offer to your solemn contemplation, and to recommend to your frequent review, some sentiments, which are the result of much reflection, of no inconsiderable observation, and which appear to me all-im- portant to the permanency of your felicity as a people. These will be afforded to you with the more freedom, as you can only ‘see in them the disinterested warnings of a parting friend, who can possibly have no personal motive to bias his counsel; nor can I forget, as an encouragement to it, your indulgent reception of my sentiments on a former and not dissimilar occasion. ' Interwoven as is the love of liberty with every ligament of your hearts, no recom- mendation of mine is necessary to fortify or confirm the attachment. ' THE UNITED STATES. 177 The unity of government, which constitutes you one people, is also now dear to you. It is justly so ; for it is a main pillar in the edifice of your real independence —the support of your tranquility at home, your peace abroad, of your safety, of your prosperity, of that very liberty which you so highly prize. But as it is easy to fore- see that, from different causes and from different quarters, much pains will be taken, many artifices employed, to weaken in your minds the conviction of this truth, as this is the point in your political fortress against which the batteries of internal and ex- ternal enemies will be most constantly and actively (though often covertly and insidi- ously) directed—it is of infinite moment that you should properly estimate the immense value of your national union to your collective and individual happiness; that you Should cherish a cordial, habitual, and immovable attachment to it, accustoming your- selves to think and speak of it as of the palladium of your political safety and pros- perity ; watching for its preservation with jealous anxiety; discountenancing whatever may suggest even a suspicion that it can, in any event, be abandoned; and indignantly frowning upon the first dawning of every attempt to alienate any portion of our country from the rest, or to enfeeble the sacred ties which now link together the various parts. I For this you have every inducement of sympathy and interest. Citizens by birth or choice, of a common country, that country has a right to concentrate your affec- tions. The name of A merz'ean, which belongs to you in your national capacity, must always exalt the just pride of patriotism, more than any appellation derived from local discriminations. With slight shades of difference, you have the same religion, man- ners, habits, and political principles. You have, in a common cause, fought and triumphed together ; the independence and liberty you possess are the work of joint counsels and joint efforts, of common dangers, sufferings, and successes. But these considerations, however powerfully they address themselves to your sen- sibility, are greatly outweighed by those which apply more immediately to your interest; here every portion of our country finds the most commanding motives for carefully guarding and preserving the union of the whole. The North, in an unrestrained intercourse with . the South, protected by the equal laws of a common government, finds, in the productions of the latter, great additional ' resources of maritime and commercial enterprise, and precious materials of manu- facturing industry. The South, in the same intercourse, benefiting by the agency of the North, sees its agriculture grow, and its commerce expand. Turning partly into its own channels the seamen of the North, it finds its particular navigation invigo- rated; and while it contributes, in different ways, to nourish and increase the gen- eral mass of the national navigation, it looks forward to the protection of a maritime strength to which itself is unequally adapted. The East, in like intercourse with the West, already finds, and in the progressive improvement of interior communication, by land and water, will more and more find, a valuable vent for the commodities which it brings from abroad, or manufactures at home. The West derives from the East supplies requisite to its growth and comfort; and what is perhaps of still greater con- sequence, it must, of necessity, owe the secure enjoyment of indispensable outlets . for its own productions, to the weight, influence, and the future maritime strength of the Atlantic side of the Union, directed by an indissoluble community of interest 12 . 17 8 POLITICAL HISTORY OF as one nation. Any other tenure by which the West can hold this essential advan~ tage, whether derived from its own separate strength, or from an apostate and un- natural connexion with any foreign power, must be intrinsically precarious.- While, then, every part of our country thus feels an immediate and particular in- terest in union, all the parts combined cannot fail to find, in the united mass of means and efforts, greater strength, greater resource, proportionably greater security from external danger, a less frequent interruption of their peace by foreign nations; and what is of inestimable value, they must derive from union an exemption from those broils and wars between themselves, which so frequently afilict neighboring countries, not tied together by the same government; which their own rivalships alone would be sufficient to produce, but which opposite foreign alliances, attach- ments, and intrigues, would stimulate and imbitter. Hence, likewise, they will avoid the necessity of those over-grown military establishments, which, under any form of government, are inauspicious to liberty, and which are to be regarded as particularly hostile to republican liberty; in this sense it is that your union ought to be considered as a main prop of your liberty, and that the love of the one ought to endear to you the preservation of the other. These considerations speak a persuasive language to every reflecting and virtuous mind, and exhibit the continuance of the Union as a primary object of patriotic de- sire. Is there a doubt, whether a common government can embrace so large a sphere P Let experience solve it. To listen to mere speculation, in such a case, were criminal. We are authorized to hope, that a proper organization of the whole, with the auxiliary agency of governments for the respective subdivisions, will afford a happy issue to the experiment. It is well worth a fair and full experiment. With such powerful and obvious motives to Union, affecting all parts of our country, while experience 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 bands. In contemplating the causes which may disturb our Union, it occurs, as a matter of serious concern, that any ground should have been furnished for characterizing parties by geographical discriminations—Northern and Southern—Atlantic and Western: whence designing men may endeavor to excite a belief that there is a real difference of local interests and views. One of the expedients of party to acquire influence within particular districts, is to misrepresent the opinions and aims of other districts. You cannot shield yourselves too much against the jealousies and heart- burnings which spring from these misrepresentations; they tend to render alien to each other those who ought to be bound together by fraternal affection. The in- habitants of our western country have lately had a useful lesson on this head; they have seen in the negotiation by the Executive, and in the unanimous ratification by the Senate, of the treaty with Spain, and in the universal satisfaction at that event throughout the United States, a decisive proof how unfounded were the suspicions propagated among them, of a policy in the General Government, and in the Atlantic States, unfriendly to their interests in regard to the Mississippi: they have been wit- nesses to the formation of two treaties—that with Great Britain, and that with Spain, which secure to them everything they could desire in respect to our foreign rela- THE UNITED STATES. 179 tions, towards confirming their prosperity. Will it not be their wisdom to rely for the preservation of these advantages on the Union by which they were procured? Will they not henceforth be deaf to those advisers, if such there are, who would‘ sever them from their brethren, and connect them with aliens? To the efficacy and permanency of your Union, a Government for the whole is indispensable. N o alliance, however strict between the parts, can be an adequate substitute; they must inevitably experience the infractions and interruptions which all alliances, in all time, have experienced. Sensible of this momentous truth, you have improved upon your first essay, by the adoption of a Constitution of Govern- ment better calculated than your former for an intimate Union, and for the efi’icacious management of your common concerns. This Government, the offspring of our own choice, uninfluenced and unawed, adopted upon full investigation and mature deliberation, completely free in its principles, in- the distribution of its powers, unit- ing security with energy, and containing within itself a provision for its own amend- ment, has a just claim to your confidence and your support. Respect for its authority, compliance with its laws,_acquiescence in its measures, are duties enjoined by the fundamental maxims of true liberty. The bases of our political systems, is the right of the people to make and to alter their constitutions of Government: but the Con- stitution which at any time exists, till changed by an explicit and authentic act of the whole people, is sacredly obligatory upon all. The very idea of the power, and the right of the people to establish Government, pre—supposes the duty of every in- dividual to obey the established Government. All obstructions to the execution of the laws, all combinations and associations, under whatever plausible character, with the real design to direct, control, counter- act, or awe the regular deliberation and action of the constituted authorities, are destructive to this fundamental principle, and of fatal tendency. They serve to or- ganize faction, to give it an artificial and extraordinary force, to put in the place of the delegated will of the nation the will of a party, often a small but artful and enterprising minority of the community; and, according to the alternate triumphs of different parties, to make the public administration the mirror of the ill-concerted and incongruous projects of faction, rather than the organ of consistent and whole- some plans, digested by common counsels, and modified by mutual interests. However combinations or associations of the above description may now and then answer popular ends, they are likely, in the course of time and things, to become potent engines, by which cunning, ambitious, and unprincipled men, will be enabled to subvert the power of the people, and to usurp for themselves the reins of Govern- ment; destroying, afterwards, the very engines which had lifted them to unjust dominion. * _ Towards the preservation of your Government, and the permanency of your pres- ent happy state, it is requisite, not‘ only that you steadily discountenance irregular oppositions to its acknowledged authority, but also that you resist with care the spirit of innovation upon its principles, however specious the pretexts. One method of assault may be to effect, in the forms of the Constitution, alterations which will im~ pair the energy of the system, and thus to undermine what cannot be directly over- thrown. In all the changes to which you may be invited, remember that time and 180 , POLITICAL HISTORY OF habit are at least as necessary to fix the true character of governments as of other human institutions; that experience is the surest standard by which to test the real - tendency of the existing constitution of a country; that facility in changes, upon the credit: of mere hypothesis and opinion, exposes to perpetual change, from the end- less variety of hypothesis and opinion; and remember, especially, that for the effi- cient management of your common interests, in a country so extensive as ours, a Government of as much vigor as is consistent with the perfect security of liberty is indispensable. Liberty itself will find in such a Government, with powers properly distributed and adjusted, its surest guardian. It is, indeed, little else than a name, where the Government is too feeble to withstand the enterprises of faction, to con- fine each member of the society within the limits prescribed by the laws, and to’ maintain all in the secure and tranquil enjoyment of the rights of person and property.- I have already intimated to you the danger of parties in the State, with particular reference to the founding of them on geographical discriminations. Let me now take a more comprehensive view, and warn you, in the most solemn manner, against the baneful effects of the spirit of party generally. This spirit, unfortunately, is inseparable from our nature, having its root in the strongest passions of the human mind. It exists under different shapes, in all Gov- ernments, more or less stifled, controlled, or repressed; but in those of the popular form it is seen in its greatest rankness, and is truly their worst enemy. The alternate domination of one faction over another, sharpened by the spirit of revenge, natural to party dissension, which, in different ages and countries, has per- petrated the most horrid enormities, is itself a frightful despotism. But this leads, at length, to a more formal and permanent despotism. The disorders and miseries which result, gradually incline the minds of men to seek security and repose in the absolute power of an individual; and, sooner or later, the chief of some prevailing faction, more able or more fortunate than his competitors, turns this disposition to the purposes of his own elevation on the ruins of public liberty. Without looking forward to an extremity of this kind (which, nevertheless, ought not to be entirely out of sight), the common and continual mischiefs of the spirit of party are sufficient to make it the interest and duty of a wise people to discourage and restrain it. It serves always to distract the public councils and enfeeble the public adminis- tration. It agitates the community with ill-founded jealousies and false alarms; kindles the animosity of one part against another; foments, occasionally, riot and insurrection. It opens the door to foreign influence and corruption, which find a facilitated access to the Government itself, through the channels of party passions. Thus the policy and the will of one country are subjected to the policy and will of another. There is an opinion that parties, in free countries, are useful checks upon the administration of the Government, and serve to keep alive the spirit of liberty. This, within certain limits, is probably true ; and in Governments of a monarchical cast, patriotism may look with indulgence, if not with favor, upon the spirit of party. But in those of the popular character, in Governments purely elective, it is a spirit THE UNITED STATES. 181 not to be encouraged. From their natural tendency, it is certain there will always be enough of that spirit for every salutary purpose. And there being constant danger of excess, the effort ought to be, by force of public opinion, to mitigate and assuage it. A fire not to be quenched, it demands a uniform vigilance to prevent its bursting into a flame, lest, instead of warming, it should consume. It is important, likewise, that the habits of thinking, in a free country, should in- spire caution in those intrusted with its administration, to confine themselves within their respective constitutional spheres, avoiding, in the exercise of the powers of one department, to encroach upon another. The spirit of encroachment tends to consolidate the powers of all the departments in one, and thus to create, whatever the form of Government, a real despotism. A just estimate of that love of power, and proneness to abuse it which predominates in the human heart, is sufficient to satisfy us of the truth of this position. The necessity of reciprocal checks in the exercise of political power, by dividing and distributing it into different depositories, and constituting each the guardian of the public weal, against invasions by the others, has been evinced by experiments, ancient and modern; some of them in our own country, and under our own eyes. To preserve them must be as necessary as to in- stitute them. If, in the opinion of the people, the distribution or modification of the constitutional powers be, in any particular, wrong, let it be corrected by an amend- ment in the way which the Constitution designates. But let there be no ehange by usurpation; for though this, in one instance, may be the instrument of good, it is the customary weapon by which free Governments are destroyed. The precedent must always greatly overbalance, in permanent evil, any partial or transient benefit which the use can, at any time, yield. Of all the dispositions and habits which lead to ‘political prosperity, religion and , morality are indispensable supports. In vain would that man claim the tribute of patriotism, who ‘should labor to subvert these great pillars of human happiness, these firmest props of the duties of men and citizens. The mere politician, equally with the pious man, ought to respect and to cherish them. A volume could not trace all their connexions with private and public felicity. Let it Simply be asked, where is the security for property, for reputation, for life, if the sense of religious obligation desert the oaths which are the instruments of investigation in courts of justice?- And let us with caution indulge the supposition, that morality can be maintained without religion. Whatever may be conceded to the influence of refined education on minds of peculiar structure, reason and experience both for- bid us to expect that natural morality can prevail in exclusion of religious prin- ciples. It is substantially true, that virtue ’or morality is a necessary spring of popular Government. The rule, indeed, extends with more or less force to every species of free Government. Who, that is a sincere friend to it, can look with indifference upon attempts to shake the foundation of the fabric ? Promote, then, as an object of primary importance, institutions for the general diffusion of knowledge. In proportion as the structure of a Government gives force to public opinion, it is essential that public opinion should be enlightened. .As a very important source of strength and security, cherish public credit. One 182 POLITICAL HISTORY OF method of preserving it is to use it as sparingly as possible; avoiding occasions of expense by cultivating peace, but remembering also that timely disbursements to prepare for danger, frequently prevent much greater disbursements to repel it; avoid- ing, likewise, the accumulation of debt, not only by shunning occasions of expense, but by vigorous exertions in time of peace to discharge the debts which unavoidable wars may‘ have occasioned; not ‘ungenerously throwing upon posterity the burden which we ourselves ought to bear. The execution of these maxims belongs, to your representatives, but it is necessary that public opinion should co-operate. To facili- tate to them the performance of their duty, it is essential that you should practically bear in mind,that towards the payment of debts there must be revenue; that to have revenue there must be taxes; that no taxes can be devised which are not more or less inconvenient and unpleasant; that the intrinsic embarrassment inseparable from the selection of the proper objects (which is always a choice of difficulties) ought to be a decisive motive for a candid construction of the conduct of the Government in making it, and for a spirit of acquiescence in the measures for obtaining revenue, which the public exigencies may at any time dictate. Observe good faith and justice towards all nations; cultivate peace and harmony with all; religion and morality enjoin this conduct; and can it be that good policy does not equally enjoin it? It will be worthy of a free, enlightened, and, at no dis- tant period, a great nation, to give to mankind the magnanimous and too novel ex- ample of a people always guided by an exalted justice and benevolence. Who can doubt that, in the course of time and things, the fruits of such a plan would richly repay any temporary advantages which might be lost by a steady adherence to it? Can it be that Providence has not connected the permanent felicity of a nation with its virtue? The experiment, at least, is recommended by every sentiment which ennobles human nature. Alas! is it rendered impossible by its vices ? In the execution of such a plan, nothing is more essential than that permanent inveterate antipathies against particular nations, and passionate attachments for others, should be excluded; and that, in place of them, just and amicable feelings towards all should be cultivated. The nation which indulges towards another an habitual hatred, or an habitual fondness, is, in some degree, a slave. It is a slave to its animosity or to its affection; either of which is sufficient to lead it astray from its duty and its interest. Antipathy in one nation against another, disposes each more readily to offer insult and injury, to lay hold of slight causes of umbrage, and to be haughty and intractable, when accidental or trifling occasions of dispute occur. Hence frequent collisions, obstinate, envenomed, and bloody contests. The nation, prompted by ill will and resentment, sometimes impels to war the Government, contrary to the best calculations of policy. The Government sometimes participates in the national propensity, and adopts, through passion, what reason would reject; at other times it makes the animosity of the nation subservient to projects of hostility, instigated by pride, ambition, and other sinister and pernicious motives. The peace often, sometimes perhaps the liberty, of nations has been the victim. So, likewise, a passionate attachment of one nation to another produces a variety of evils. , Sympathy for the favorite nation, facilitating the illusion of an imaginary common interest, in cases where no real common interest exists, and infusing into THE UNITED STATES. 183 one the enmities of the other, betrays the former into a participation in the quarrels and wars of the latter, without adequate inducement or justification. It leads also to concessions to the favorite nation of privileges denied to others, which is apt doubly to injure the nation making the concessions; by unnecessarily parting with what ought to have been retained, and by exciting jealousy, ill will, and a disposi- tion to retaliate, in the parties from whom equal privileges are withheld; and it gives to ambitious, corrupted, or deluded citizens (who devote themselves to the favorite nation) facility to betray, or sacrifice the interest of their own country, with- out odium; sometimes even with popularity; gilding with the appearance of a vir- tuous sense of obligation, a commendable deference for public opinion, or a laudable zeal for public good, the base or foolish compliances of ambition, corruption, or infatuation. As avenues to foreign influence in innumerable ways, such attachments are par- ticularly alarming to the truly enlightened and independent patriot. How many opportunities do they afford to tamper with domestic factions, to practise the art of seduction, to mislead public opinion, to influence or awe the public councils! Such an attachment of a small or weak, towards a great and powerful nation, dooms the former to be the satellite of the latter. Against the insidious wiles of foreign influence (I conjure you to believe me, fellow-citizens) the jealousy of a free people ought to be constantly awake; since history and experience prove that foreign influence is one of the most baneful foes of republican Government. But that jealousy, to be useful, must be impartial; else it becomes the instrument of the very influence to be avoided, instead of a defence against it. Excessive partiality for one foreign nation, and excessive dislike for another, cause those whom they actuate to see danger only on one side, and serve to veil, and even second, the arts of influence on the other. Real patriots, who may resist the intrigues of the favorite, are liable to become suspected and odious; while its tools and dupes usurp the applause and confidence of the people to surrender their interests. The great rule of conduct for us, in regard to foreign nations, is, in extending our commercial relations, to have with them as little political connexion as possible. So far as we have already formed engagements, let them be fulfilled with perfect good faith. Here let us stop. Europe has a set of primary interests, which to us have none, or a very remote relation. Hence she must be engaged in frequent controversies, the causes of which are essentially foreign to our concerns. Hence, therefore, it must be unwise in us to implicate ourselves, by artificial ties, in the ordinary vicissitudes of her politics, or the ordinary combinations and collisions of her friendships or enmities. Our detached and distant situation invites and enables us to pursue a different course. If we remain one people, under an efficient Government, the period is not far off when we may defy material injury from external annoyance; when we may take such an attitude as will cause the neutrality we may at any time resolve upon, to be scrupulously respected; when belligerent nations, under the impossibility of making acquisitions upon us, will not lightly hazard the giving us provocation; when we may choose peace or war, as our interest, guided by justice, shall counsel. 184 POLITICAL HISTORY OF Why forego the advantages of so peculiar a situation '1’ Why quit our own ‘to stand upon foreign ground? Why, by interweaving our destiny with that of any part of Europe, entangle our peace and prosperity in the toils of European ambition, rivalship, interest, humor, or Caprice ? It is our true policy to steer clear of permanent alliances‘ with any portion of the foreign world; so far, I mean, as we are now at liberty to do it; for let me not be understood as capable of patronising infidelity to existing engagements. I hold the 'maxim no less applicable to public than to private affairs, that honesty is always , the best policy. I repeat it, therefore, let those engagements be observed in their genuine sense. But, in my opinion, it is unnecessary, and would be unwise to ex- tend them. Taking care always to keep ourselves, by suitable establishments, on a respectable defensive posture, we may safely trust to temporary alliances for extraordinary emergencies. Harmony, and a liberal intercourse with all nations, are recommended by policy, humanity, and interest. But even our commercial policy should hold an equal and impartial hand; neither seeking nor granting exclusive favors or preferences; con- sulting the natural course of things ; diffusing and diversifying, by gentle means, the streams of commerce, but forcing nothing ;. establishing, with powers so disposed, in order to give trade a stable course, to define the rights of our merchants, and to en- able the Government to support them, conventional rules of intercourse, the best that present circumstances and mutual opinions will permit, but temporary, and liable to be, from time to time, abandoned or' varied, as experience and circum- stances shall dictate; constantly keeping in view, that it is folly in one nation to look for disinterested favors from another; that it must pay, with a portion of its inde- pendence, for whatever it may accept under that character; that by such acceptance it may place itself in the condition of having given equivalents for nominal favors, and yet of being reproached with ingratitude for not giving more. There can be no greater error than to expect, or calculate upon, real favors from nation to na- tion.’ It is an illusion which experience must cure, which a just pride ought to discard. - In offering to you, my countrymen, these counsels of an old and affectionate friend, I dare not hope they will make the strong and lasting impression I could wish ; that they will control the usual current of the passions, or prevent our nation from running the course which has hitherto marked the destiny of nations; but if I may even flatter myself that they may be productive of some partial benefit, some occasional good; that they may now and then recur to moderate the fury of party spirit, to warn against the mischiefs of foreign intrigues, to guard against the impos- tures of pretended patriotism ; this hope will be a full recompense for the solicitude for your welfare by which they have been dictated. How far, in the discharge of my ofi’icial duties, I have been guided by the prin- ciples which have been delineated, the public -records, and other evidences of my conduct, must witness to you and the world. To myself, the assurance of my own conscience is, that I have at least believed myself to be guided by them. In relation to_ the still subsisting war in Europe, my proclamation of the 22d of THE UNITED STATES. 185 April, 1793, is the index to my plan. Sanctioned by your approving voice, and by that of your Representatives in both Houses of Congress, the spirit of that meas- ure has continually governed me, uninfluenced by any attempts to deter or divert me from it. After "deliberate examination, with the aid of the best lights I could obtain, 1 was well satisfied that our country, under all the, circumstances of the case, had a right to take, and was bound in duty and interest to take, a neutral position. Hav- ing taken it I determined, as far as should depend upon me, to maintain it with moderation, perseverance, and firmness. The considerations which respect the right to hold this conduct, it is not neces- sary on this occasion to detail. I will only observe, that, according to my under- standing of the matter, that right, so far from being denied by any of the belligerent powers, has been virtually admitted by all. The duty of holding a neutral conduct may be inferred, without any thing more, from the obligation which justice and humanity impose on every nation, in cases in which it is free to act, to maintain inviolate the relations of peace and amity towards. other nations. The inducements of interest, for observing that conduct, will best be referred to your own reflections and experience. With me, a predominant motive has been to endeavor to gain time to our country to settle and mature its yet recent institutions, and to progress, without interruption, to that degree of strength and consistency which is necessary to give it, humanly speaking, the command of its own fortunes. 'Though in reviewing. the incidents of my administration, I am unconscious of in- tentional error; I am, nevertheless, too sensible of my defects not to think it prob- able that I may have committed many errors. Whatever they may be, I fervently beseech the Almighty to avert or mitigate the evils to which they may tend. I shall also carry with me the hope, that my country will never cease to view them with indulgence; and that, after forty-five years of my life dedicated to its service with an upright zeal,'the faults of incompetent abilities will be consigned to oblivion, as _myself must soon be to the mansions of rest. Relying on its kindness in this, as in other things, and actuated by that fervent love towards it which is so natural to a man who views in it the native soil of him- self and his progenitors for several generations, Ianticipate, with pleasing expecta- tion, that retreat in which I promise myself to realize, without alloy, the sweet en- joyment of partaking, in the midst of my fellow-citizens, the benign influence of good laws under a free Governmente-the ever favorite object of my heart—and the happy reward, as I trust, of our mutual cares, labors, and dangers. GEORGE WASHINGTON. UNITED STATES, 17th Septemhr, r796. iii“ 1 - ‘It, if. ‘i . rt I I i l I illlllltl v‘ |‘' > (‘I 5‘I l "x ‘,l‘ I i i I: \ ill‘ ‘ i ‘if- i ' | l I . l ' . in :1: z‘ i I- ;- ~ . = . -r;- :i -'w i .. l l 15%. ‘ii iii 11%’ 1 i " - ‘mlliiiil' i ii,‘ I will!“ Iii . " .'= i ' ,f j . I‘, l I ll‘! ii tug“. ll] ll‘, Ill i ~:"| tun Ii ' H :;- l 1 I ul ,| l l | H H || | I 11| l i ll - . 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The first resolution adopted by the Convention which framed the Con- stitution was that “ a national government ought to be established consisting of a supreme legislative, judiciary and executive.” THE LEGISLATIVE DEPARTMENT. This department Consists of the Senate and the House of Representatives, and these two are called the Congress. The Senate is sometimes called the Upper House, and the House of Representatives the Lower House. The latter is also known as “ the House,” in contrast to “ the Senate.” In the Constitution they are spoken of as “ each House,” the “ two Houses,” “both Houses.” The Constitution gives to the Congress the power to - make all laws, and withholds that power from the other depart— ments. It is a representative body, and is supposed to do what the people would do if they were assembled in deliberative meeting to 187 _ . "El'sllllf" “D ‘I. . .. , "-"'“‘=" ‘ Y'lrflllplll'll‘llll l" .‘ \ slurp/[Jill til‘. 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(‘F-'35:." .jrmllrl ll'iltmrcannnts:umuzrmnnlllnusanmlralll [IImomunamrmtonnmsrulnimllllna111mm]_ "mull ‘illjgildl ‘lib-xix“ "iHmmilléI‘IQlHHEWEEEfiIfi&IEIIHItlr1|mumlmmnmnnumnmnrrmmmmnwummmmfifi 4 7| _ ‘l murnmnmu lrlllrél The Bronze Door in the Capitol Commemorating the events in the Life of Christopher Columbus. t 188 POLITICAL HISTORY. 189 enact laws for their government. The Congress meets in regular session, according to the Constitution, on the first Monday in December, each year; but the President may call extra Sessions when necessary. The two Houses not only meet on the same day, but neither can adjourn without the consent of the other for more than three days at a time, nor to any other place than that of regular meeting, now the capitol at Washington. The Presi- dent may however change the place of meeting to avoid plague or other danger. Congresses themselves run by odd years, like - ‘the administrations. The 50th Congress met in first regular Session Dec. (Ist Monday), 1887. This first session of any Con- gress is called “ the long Session.” It may end at any time dur- ing the next year, prior to December. The “long session” usually runs to july or August of aneven year. The second Session of a Congress is called the “ short session.” It meets in_ December of an even year and ends by limitation on March 3d of an odd year. Thus elections for President and for Congress— men occur in even years. Administrations and Congresses begin and end in odd years. ' 'THE SEN/l T E—This branch or House of Congress is com- posed of two Senators from each State. There are now thirty- eight States. Multiply 38 by 2 and you have the number of United States Senators. It seems somewhat unfair that a large and populous State like New York should have no greater representation in the National Senate than small States like‘ ‘Delaware and Rhode Island. But this result was one of the necessary compromises of the Constitution. The Senate is built on the theory of State representation, the House of-Representa- tives on the theory of popular or people representation. Senators are elected for six years. No man can be a Senator who is not thirty years old, who has not been a citizen of the United States for nine years, and who is not an inhabitant of the State for which he is chosen. . The Senate ‘is regarded as a more dignified and honorable body than the House of Representatives. Its very name (from sen‘az‘us, which is from senex, old) presumes an older and graver membership. It is further removed. from the populace. It does 190 POLITICAL 'HISTORY. not need to represent the fickle will of the masses, but the higher and more deliberative wish of the States, which are its constit- uency. As a law-making branch of the Congress it is equal with the House, except that it cannot originate bills* for raising revenue. Revenue bills must, according to the Constitution, originate in the House of Representativesfil’ No bill can become a law till it has received the approval of a majority in both Houses, and been approved by the President. ' The Senate has powers beyond those which are purely legisla- tive, and is therefore stronger in this respect than the lower House. It is a part of the Executive branch for the purpose of making appointments to office. All executive nominations for office must be approved by the Senate before they are final. The Senate may reject such nominations and compel the Presi- dent to send in other names. When the Senate is sitting to de- liberate on the President’s nominations it is said to be in Execu- tive session. So the Senate in connection with the President constitutes the Treaty-making power of the government. When the- Senate is sitting to deliberate on Treaties or other delicate matters it is said to be in “ secret session.” Further the Senate is the court before which impeachment cases are heard and by which they are determined. The Vice-President of the United States is the presiding officer of the Senate, but has no vote ex- cept when there is a tie. This presiding officer is called the ‘President of the Senate. If the Vice-President should die or his seat be vacant for any cause, the Senate elects a President from its own members. As a matter of fact the Senate is never- * An act when first presented to either House and up until the time of its passage is called a “bill.” After its passage it is an “act” or “law.” Acts which are merely declarative of the intent of either House and binding on it, but which do not _bear directly on the people at large, are called “ Resolutions; ” if passed by both Houses and binding on both they are called “ joint Resolutions.” . 1- The jurisdiction of the two Houses over this point gives rise to frequent contro- versies. During the 2d session of 47th Congress the Senate originated, debated and passed a Tariff bill on its own account. This proceeding was objected to by the House, but as the final bill (the act of March 3, 1883) was the result of a confer- ence of both Houses, much time was saved by the Senate action and no harm was done. - 'HHHWVHI) HLVNEIS SHLVJLS (IELLINII 3H1. IL‘ ‘tub. ' i j ' . ‘tiftii * . r- 2" ‘ .fl. 192 POLITICAL HISTORY OF ‘without a President pro term, that officer being important as a possible President of the United States, in case of the death, resig- nation, removal or disability of both President and Vice-President. A two-third vote of all the Senators present is required to ratify a treaty or convict a person impeached. ELECTION OF SENA T ORS.—The place at which United States Senators shall be chosen must be determined by the States. This place, usually the State Capitol, cannot be changed by the Congress. But the Congress may fix the time and manner of electing Senators. It has done so. When a vacancy is about to exist by reason of expiration of a senatorial term, the State Legislature chosen next preceding ‘such vacancy must, on the second Tuesday after its meeting, proceed to elect a Senator in Congress. ‘ Each branch of the Legislature selects, by a majority of all the viz/a wee votes cast, a candidate for Senator. The next day ‘after the above-named second Tuesday at 12 M., both- Houses meet in joint assembly. If it is found they have both nominated the same candidate, he shall be declared the Senator. If they have not, then the two Houses shall sit in joint assembly, meet- ing each day at 12 M., and casting at least one vote daily, till a Senator is chosen by a majority of the votes of said joint assembly, cast viz/a wore, a majority of both Houses being present. Vacancies by death or resignation are filled in the same way by the.first Legislature which meets, finding such vacancy. The Governor of the State certifies such election, under the seal of the State and signed by his Secretary of State, to the President of the Senate of the United States. Both the Senate and House of Representatives are the final judges of the qualifications of their own members. In the first Senate one-third of the mem- bers were selected by lot for two years, another third for four, an- other third_for six. This was to give effect to the clause in the Constitution making one-third of the Senate elective every two years. _ SENATE MA CHINER Y.-—The Senate employs for its com- fortable working a Secretary of the Senate at a salary of $4,896 ; THE‘ UNITED STATES. 193 a Chief Clerk, $3,000; a Librarian; and a corps of regular’ Clerks, Committee clerks, pages, pasters and folders, numbering" _ quite one hundred. H 0 USE OF REPRESENT/1 T [ VES.——Known also as “ The Lower House” and as the “ House.” It is equal and co—ordi-.1. nate with the Senate as a branch of Congress, but has the sole‘ power to originate revenue bills, and to move in cases of im—. peachment. Its bill of impeachment is like the bill of indict- ‘ment found by a grand jury, and is tried before the Senate sit- ting as a court. Bills and resolutions'pass in the House, as in the Senate, by a majority. Though the Senate and House make the Congress, a custom has grown up of designating the members of the House as M. C.’s. (Members of Congress) and members of the Senate as Senators. ELECT [ON OF M C.’S.—A member of the House must be twenty-five years of age, a citizen of the United States for 5 seven years, and an inhabitant of the State in which he is chosen. ' He is elected for two years, and by the qualified electors in each State. His salary like that of Senator is $5,000 per year.* The Congress fixes the number of members of the House after each decennial census, as required by the Constitution. Its act to this effect generally goes into operation on the third of March of the third year after the census. Thus the act for‘ this purpose after the census of 1880 went into effect on and‘ after March 3, 188 3. The Congress enacted, Feb. 2 5,1882, that, until another act after another census, the number of members of the House should be 325. This number was then divided among the States in proportion to their population. It was * The salary of a Congressman was $8 per day up to 1856. From that time to 1866 it was $3,000 per year. It remained at this figure till act of March 3, 1873, increased it to $7, 500 per year. This act increased the President’s salary from $25,- 000 to $50,000, and made a general increase of salaries among Department ofi'icers. It was very unpopular and was followed by the act of Jan. 20, 1874, re- ducing the salary of Congressmen to $5,000. It made material reductions in all the raised salaries- The President’s salary remained at $50,000. In addition to $5,000 per year members of Congress (Senators and M. C.’s) are entitled to mile- age. This has always remained at forty cents a mile, on the principle, be it charit- _ ably supposed, that they all go to the capitol by stage—coach as of yore. - 13 . 194 POLITICAL HISTORY. found that each State was entitled to the following number of members : MEMBERS OF HOUSE OF REPRESENTATIVES As Apportz'oned (after Marc]; 3, 1883) Under Census qf 1880. Alabama . . . . . . . . . . . . . . . . . . . . . . . . 8 Mississippi . . . . . . . . . . . . . . . . . . . . . . . 7 Arkansas . . . . . . . . . . . . . . . . . . . . . . . . 5 Missouri . . . . . . . . . . . . . . . . . . . . . . . . . [4 California . . . . . . . . . . . . . . . . . . . . . . . . 6 Nebraska . - - - - - - . . . - - . - . - . . - - - . - - - 3 Colorado . . . . . . . . . . . . . . . . . . . . . . . . I Nevada . . . . . . . . . . . . . . . . . . . . . . . . . . I Connecticut . . . . . . . . . . . . . . . . . . . . .. 4 New Hampshire . . . . . . . . . . . . . . . . . . 2 Delaware . . . . . . . . . . . . . . . . . . . . . I New jersey . . . . . . . . . . . . . . . . . . . . . . 7 Florida . . . . . . . .- . . . . . . . . . . . . . . . .. 2 New York . . . . . . . . . . . . . . . . . . . . . . 34 Georgia . . . . . . . . . . . . . . . . . . . . . . . . . . 10 North Carolina . . . . . . . . . . . . . . . . . . . 9 Illinois. . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Ohio . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Indiana.................. 13 Oregon . . . . . . . . . . . . . . . . . . 1 Iowa . . . . . . . . . .> . . . . . . . . . . . . . . . . . . I I Pennsylvania . . . . . . . . . . . . . . . . . . . . 28 Kansas . . . . . . . . . . . . . . . . . . . . . . . . . .. 7 Rhode Island . . . . . . . . . . . . . . . . . . . . 2 . Kentucky . . . . . . . . . . . . . . . . . . . . . . . . I I South Carolina . . . . . . . . . . . . . . . . . . . . 7 Louisiana . . . . . . . . . . . . . . . . . . . . . . . . 6 Tennessee . . . . . . . . . . . . . . . . . . . . . . . . 10 Maine . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Texas . . . . . . . . . . . . . . . . . . . . . . . . . . . I I Maryland. . . . . . . . . . . . . . . . . . . . . . . . 6 Vermont . . . . . . . . . . . . . . . . . . . . . . . . . 2 Massachusetts . . . . . . . . . . . . . . . . . . . . 12 Virginia . . . . . . . . . . . . . . . . . . . . . . . IO Michigan . . . . . . . . . . . . . . . . . . . . . . . . I I West Virginia . . . . . . . . . . . . . . . . . . . . 4 Minnesota . . . . . . . . . . . . . . . . . . . . . . . . 5 Wisconsin . . . . . . . . . . . . . . . . . . . . . . . . 9 ‘ Total. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 325 Quota for a Representative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 54,325 This act is called the apportionment act,* though the final work of apportionment is left to the States, each of which is required to divide itself into as many Congressional districts of contiguous territory, and containing as nearly as may be the number of inhabitants ascertained to be a quota or ratio, as the Congress has assigned to each- Thus by the above table New York has thirty-four members of Congress between the years 1883 and 1893, under the census of 1880. Her Legislature must *The first apportionment was made by the Convention which framed the Consti- tution. It'gave to N. H. 3; Mass. 8; R. I. I; Conn. 5; N. 6; N. 4; Pa. 8; Del. 1 ; Md. 6; Va. 10; N. C. 5; S. C. 5; Ga. 3, or 65 in all. The ratio of represen- tation was 30,000. After the census of 1790, the act of 1792 fixed the ratio at 33,~ 000; the act of 1803 left it at 33,000; the act of 1811 at 35,000; the act of 1822 at 40,000; the act of 1832 at 47,700; the act of 1842 at 70,680. Up to this time the apportionment acts only fixed a ratio of representation. The numberof members was ascertained by dividing this ratio into the total population. But the act of 1852 fixed instead the number of members of the House at 233, leaving the ratio to be ascertained by dividing 233 into the population of 1850. This made the ratio 93,423. And so the ratio after 1860 was 127,381 ; after 1870, 131,425 ; and after 1880, as above. > irv'ltlll Ill .Illlll .-'-. .zaxa- ~ . . .MM may 9. ow... to EGG r... ... . . . . . .. i av! . u .- n e v ... D‘ O . ti.» .. I , . Ills mm om wmewmwmzawé< Q ..U aw...n,.... .2 mm. C- . 196 ‘196 ' POLITICAL HISTORY OF divide the State into thirty-four Congressional districts, each of which is to contain as nearly‘ as may ‘be 154,325 inhabitants. To get at the electoral vote of each State you must add the two Senators to the number of Representatives in the House. If a Congressional election takes place in a'State before it has made its apportionment, and ‘said State shall be entitled to one or more 'members'of Congress than it had under the previous apportion- ment, the additional member or members may, for the time being, be elected on the general State ticket as “ Members of Congress at Large.” The States formerly voted for Congressmen at their annual State elections, no matter when they came off. Now, under an act of Congress ‘(March 3, 1875) prescribing a‘ “ uniform time for holding Congressional elections,” they are all required to hold them on the “ Tuesday next after the first Monday in No- vember,” of every second year, and all will do so as soon as they can amend their Constitutions to that effect. , ORGANIZA T [ON OF THE HOUSE—The chief officer of the House is called the Speaker. He is elected by the mem- bers, at the beginning of‘ each Congress. His election is a necessary part of organization. His compensation is $8,000, because his duties are more arduous than those of the average member, and his knowledge of parliamentary law and usages supposed to be greater. He may become President, for should there be no President, nor Vice-President, nor President of the Senate pro lam, the Speaker of the House becomes Acting Pres- ident. . ‘ ' The most important officer of the House, after the Speaker, is the Clerk of the House, salary $4,500. Indeed, it would ‘not be amiss to call him the most important officer of the House, for upon him devolves the duty of preparing a list of the members elected to each Congress, and only the members on this list are entitled to participate 'in'the work of organization. . If names are wrongfullyomitted, the matter must be settled by regular hearing before the House, or a Committee on Elections, under the rule that each House is the judge of the qualification of its- own members. - i - ' THE UNITED STATES. _ 197 TERRITORIAL DELEGA T ES.——Each organized Territory is entitled to a representative in Congress (two, if the population warrants, though generally Territories become States by that time), elected by the qualified electors thereof, the same as Members of Congress. This Territorial representative is called a Delegate. He is entitled to join in debate but cannot vote. His pay is $5,000 per year and mileage. . HOUSE MA CHINER Y.—-—The House machinery is more elaborate than that of the Senate. The Clerk of the House has a large corps of assistants, as has the Sergeant-at-Arms. The reading clerks, committee clerks, post-office clerks, library em- ployés, door-keepers, messengers, pasters and folders, etc., num- ber from 250 to 300. MAKING ‘LA WS.—-Both Houses rely largely on their Com- inittees to prepare bills and resolutions, before they are presented for discussion and final passage.‘ These Committees are very numerous, and are organized presumably with reference to their fitness for the subjects referred to them. After the Speaker of the House is elected, his first important business is to appoint the Standing Committees of the House. The President of the Senate 'does the same for the Senate, at the opening of each new Congress. When a bill is‘ introduced, it is read for the informa— tion of the members. If it is not opposed or rejected, it is said to be passed to a second reading, which may be the next or some subsequent day. On that second reading the question comes up shall it be committed to one of the above Standing Committees, the subject of the bill suggesting the proper Committee. Some- times the nature of the bill is such as toirequire its reference to a special or select Committee. When bills of great moment are under discussion, the House resolves itself into a Committee of the Whole, on account of the greater freedom of debate. then allowed. After the Committee to which a bill has been referred are done deliberating on it, it is reported back to the House either adversely or favorably, and with or without amendments. Then the question is on its engrossment (copying in a fair hand) for’ third _reading. After being engrossed (if it has been so ordered), it is read ‘a third time and the question is on its pas‘. 198 POLITICAL HISTORY. sage. If passed, it is signed by the presiding officer and sent to the other House, where it goes through the same routine. - Sometimes amendments are added on its passage. If so, it is sent back to the House where it originated. If these are agreed to, it is repassed there. If not, and the bill is important, the dis- agreement between the two Houses is settled, if possible, in what is called a. Committee of Conference; that is, a Committee com— posed of members from both Houses. This Committee reports to both Houses the results of its deliberations, and if in the shape of a bill, it is again on its final passage in both Houses as before. When passed by both Houses, it is sent to the Presi- dent. ,If he approves it, he signs it, and then it is law.’ If he does not approve it, he sends it back to the House in which it originated, with his veto message, where the question is, “ Shall it pass notwithstanding the President’s veto?” Unless it is sus- tained by a vote of two-thirds of both Houses it cannot become a law over the veto. If so sustained it becomes law in spite of the veto. The President has ten days in which to consider a bill before he signs or vetoes it. Many bills are crowded on the President within ten days of the adjournment of Congress. Those he favors he returns with his approval in time, ‘and so with those he does not favor, if he wishes .his reasons for a veto to become public. But sometimes he does not return the bill at all in time for adjournment, and thus kills it. This is called the “ pocket veto,” the bill being in the President’s pocket, as it were. It is not regarded as a very manly way of exercising the veto power, but must be excused sometimes to rush of busi- ‘ ness during the closing days of a session. Resolutions and joint Resolutions follow the routine of Bills. CONGRESSIONAL LIBRARY—An act of April 24, 1800, appropriated $ 5,000 to buy necessary books for Members of the Congress. Act of jan. 26, 1802, organized The Library of Congress, located it in a room previously Occupied by the House of Representatives, created the office of Librarian, made him appointive by the President, and limited the use of booksto Members of Congress and the Departments. Up to 1814 there were only 3,000 volumes in the library. It was burned Aug. 2 5 , I‘ \I\.\ ,I it I i nm b]! a l l.“ III‘IlIIli , . i; - I I‘ Ill _ Jig ‘it lii't'i'll I i ' 'l \‘1 1, i.» I Pp I ‘ti; I -' ' ‘I. i V _ I‘ I . I ‘I i ./ ‘iii i I," Si ,. it: the“ j, (II ‘ I I - , ’ ‘ ' I ,- v . . a n‘ , ' - . C II: . ‘I i ‘I -; I'; , l I , ; q I m I ' :I ' j I 4 ,I I ~_ I- r .I ‘ I I ,. ll ,- I" ‘y ' , , ~. , - - . h r t! . I I I ‘ I f . I . .‘l ‘I. K I . I a . I’ - ~\. ' ' "II I. ‘I I‘ " a‘: ‘1;, "' ‘ I ,l‘ I!‘ l‘I ‘(l-A‘: ' I ,, q I ~I. ~_'-~.,' - I _ . ' \ \ I ' I I. 4 -‘ I‘ ' 1" ' I " _.‘ ‘ I ' I .u __ ll, I , ' .9 'l I I . I; ,. ‘I 'H j I‘ t 1' ‘ l “ill; III-rip; I ii iii‘ I "I’ " L .Ii 11 I i . I .I‘ ll r\\ ‘it I I II Iii! If,’ t Iii/ill" llll Q ''/‘I“ l t} I ii‘ “L “ II I O I v. I ' i W l" 'I' i In“; ‘ Ii'v" /’\ \Q/a m ‘ " ‘if ‘ .44.’ Illlllll IIIW _ *3. . l 4 ' ' -' @ r-Wtflmw ° ' ‘I, s- I I *e — ,L Q . \ ‘ < _ _afi ‘i- I . _ ‘77 ._ .. \ ’ ‘a \' E, '~‘-:‘_ " - l.‘ _ ~ ~ ‘ \ < . \S.‘ "a" 17''‘ __'1 "u <' -_‘ I _ . . r ' , I ' I - ‘I T“ r I, e , ._1 I I . v i ‘ 'Illr-I" Lita . _ , . ,f'fi‘l \ » \J T ..-‘ Q’eoereilge I ‘I W J i I . _ , hm" _ n \ . j ' n; I -- ‘ l ' I I i mil.‘ __.~ ._ . @— ' : i Bronze Door in the National Capitol Commemorating the; Life of George Washington. i it " 11C *5 .V ‘r f L. ll Events of the 199 s- 200~ POLITICAL HISTORY OF 1: 1814; with the capitol, by the British. In September, 1814, jefl ferson offered his library of 6,700 volumes, as the nucleus of a new library of Congress, at cost. It was accepted, and the sum - of $23,950 paid for it. In 1818 the annual appropriation to the Library was raised to $2,000 a year, and in 1824 to $5,000 a 1year. This year it was moved to the central capitol. In 1851 " ‘it had 55,000 volumes, and again met with a loss by firev of 35,000 volumes. Starting anew, Congress rebuilt a fire-proof hall for $75,000, and appropriated $75,000 to buy books. By 1860 it contained 75,000 volumes, on an annual appropriation of $7,000. This was increased to $10,000 in 1861. In 1866 it re- ceived the 40,000 volumes of the Smithsonian Institute. In 1867 the Force library was purchased at a cost of $100,000. It contained 60,000 books and articles. ' The Law Department of the Library was constituted by act of july 14, 1832., Under an annual appropriation of $2,000 a year it has grown from 2,011 volumes to 3 5,000. By act of july 8, 1870, the granting of copyrights was centered in the office of the Librarian of Congress, where two copies of each publication entered for copyright must be deposited. This : ‘i has brought an annual addition of 25,000 books, maps, and other articles, in duplicate. In‘ january, 1880, the library contained 365,000 volumes and 120,000 pamphlets, and in 1883, 513,441 volumes and 165,000 pamphlets. The catalogue alone fills four . royal octavo volumes. Measures are now being taken to erect a new building, which is much needed, the capacity of the present one being wholly inadequate. Expenditure for the Library is under control of a joint committee of both Houses of Congress. The same committee have control of the Botanical Garden, which supplies plants, seeds and flowers to Members of Congress for public distribution and personal use. PUBLIC PRINTING OFF] CE.--Until 1860 the govern- ment hired men to do its printing, and each House employed a . printer. The expense got to be so enormous that Congress " authorized a Government Printing Office, and appropriated $150,000 to start it. It was placed under the management of a Superintendent of ‘Public Printing, or the Public Printer, whose THE UNITED STATES. ‘ 201 salary is $3,600. This officer is selected by Congress. He has ' power to purchase all necessary material and employ ample help. He must report to Congress each. session the work done, the expense incurred, the number of hands employed, the full and exact condition of the establishment. The office is now the largest and best appointed in the world. It prints and binds all public books and papers, except where otherwise ordered. The number of these is simply enormous, and many of them of very little use. The force employed consists of six clerks, and some 1,500 hands. The cost of work done in the office must not ex- ceed that of private printing offices in Washington. THE EXECUTIVE DEPARTMENT. The language of the Constitution is, Art. II. Sec. I : “ The . executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years, and, together with the Vice-President, chosen for the same term, be elected as follows.” ' Before showing how he is elected let it be said that he is sometimes called “ The Executive,” and “ The Chief Magistrate of the Nation.” The Congress (Legislative Branch) legislates, that is, makes the laws; the President (Executive Branch) exe- cutes or enforces the "laws; the Supreme, Circuit and District Courts (judicial Branch) adjudge, expound, interpret, pronounce, and, with the civic machinery at their command, also execute the laws. PRESIDENT-MAKING—The people do not vote directly for the President and Vice-President but for Presidential electors, whose number in each State is equal to the number of the representatives (Senators and M. C.’s) in the Congress from that State.* The President must be thirty-five years of age and a native of the United States. At first the political parties desig~ * At first the Legislatures of the respective States generally made choice of the electors. 'This was gradually abandoned, and by 1824 most of the States used the popular vote. In 1828 the popular vote of the States became an element of com‘- putation. South Carolina retained the method of electing electors by her Legisla- ture till 1868. This word elector is misleading. Any qualified voter is an elector. But it is in the Constitution and besides has the sanction of long custom. 202 ' POLITICAL HISTORY. ' nated their candidates for President in Congressional Caucus. This method began to give way to the modern system of Na- tional Nominating Conventions with- a platform of principles about 1832-36. The first four Presidential elections were con- ducted under Art. 11., Sec. 1, Clause 3, of the Constitution, which did not require a separate nomination for Vice-President, but that each elector should vote for two persons, not from the same State, the one having the highest number of votes to be Presi- dent, the one having the next highest to be Vice-President. In the election of 1800, jefferson and Burr had each 73 votes, and the contest had to be settled in the House. .At the previous election of I 796, john Adams, Federal, had .71 votes, Thomas jefferson, Republican, 68 votes. Here was a‘ President of one party, and a Vice-President of another. It was evident that the clause was defective, and it was amended in 1804 by the adoption of the 12th Amendment. PRESZDEN T [AL ELECTORS.—“ Each State shall appoint, in such manner as the Legislature thereof may direct, a number of electors, equal to the whole number of Senators and Repre- sentatives to which the State may be entitled in the Congress; but no Senator, or Representative, or person holding an office of trust or profit under the United States shall be appointed an elector,” Cons. Art. 11., Sec. I, Clause 2. THE ELECTORAL COLLEGE—Under the above article,’ and the apportionment in accordance with the Census of 1880, the Electoral Colleges of the respective States ‘contain electors, as follows: Alabama . . . . . . . . . . . . . . . . . . . . . . . . 10 Maryland . . . . . . . . . . . . . . . . . . . . . . . . 8 Arkansas . . . . . . . . . . . . . . . . . . . . . . .. 7 Massachusetts..................... 14 California . . . . . . . . . . . . . . . . . . . . . . . . 8 Michigan . . . . . . . . . . . . . . . . . . . . . . . . 13 Colorado . . . . . . . . . . . . . . . . . . . . . . . . 3 Minnesota . . . . . . . . . . . . . . . . . . . . . . . . 7 Connecticut....................... 6 Mississippi . . . . . . . . . . . . . . . . . . . Delaware......................... 3 Missouri . . . . . . . . . . . . . . . . . . . . . . .. 16 Florida- . . . . . . . . . . . . . . . . . . . . . . . . .. 4 Nebraska......................... 5 Georgia . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Nevada . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Illinois . . . . . . . . . . . . . . . . . . . . . . . . . .. 22 New Hampshire................... 4 Indiana . . . . . . . . . . . . . . . . . . . . . . . . . . 15 New jersey . . . . . . . . . . . . . . . . . . . . . .. 9 Iowa . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 New York . . . . . . . . . . . . . . .. . . . . . .. 36 Kansas . . . . . . . . . . . . . . . . . . . . . . . . .. 9 North Carolina...........,,,,,_,,_ 11 Kentucky.. .. . . . . . . . . . . . . . . . . . . . .13 Ohio . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Louisiana . . . . . . . . . . . . . . . . . . . . . . . .' 8 Oregon . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Maine.......~.........'. 6 Pennsylvania . . . . H... . . . . . . . . . . .. 30' 'MGIIA NHEIHIHON iGISflOH HIIHM 204 - ‘ POLITICAL HISTORY OF wRhodeIsland . . . . . . ....,,. . . . , , .. 4|Vermont....... . . . . . . . . . . . . . 4 South Carolina . . . . . . . . . . . . . . . . . 9 Virginia.. . .~ . . . . . . . . . . . . . . . . . . . . . 12 Tennessee . . . . . . . . . . . . . . . . . . . . . . . 12_ West Virginia. .‘ . . . . . . . . . . . . . . . . . . 6 Texas . . . . . . . .. . . . . . . . . . . . . . . . . .. 13 Wisconsin . . . . . . . . . . . . . . .._I_I Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .401 Requiring, as between two candidates, 201 to elect. CHOOSTNG OF ELECT ORE—Electors of President and Vice-President are chosen in each State on the Tuesday next after the first Monday in November, in every fourth year suc- ceeding every election of a President or Vice-President. This is the Presidential election. . The number of electors must equal the whole number of Representatives and Senators to which the several States are by law entitled at the time when the President and Vice-President to be chosen come into office. But where no apportionment of Representatives has been made after a Census, at the time of choosing electors, the number of electors must be according to the then existing apportionment of Senators and Representa- tives. _ Each State may by law provide for filling any vacancies in its electoral college,‘ when such college meets to give its elec-. toral vote. . _ When any State has held an election for electors and has failed to make a choice on the day fixed by law, electors may be appointed on a subsequent day in such manner as the Legislature may prescribe. I i ELECTORAL C OLLEGE—Electors for each State meet and give their votes the first Wednesday in December in the year in which they are chosen, at such place in each State as its‘ Legislature directs. - _ . On the day of meeting, or before, the Governor of each State delivers to the electors three certified lists of the names of _ electors of such State. A. , , The electors vote for President and Vice-President, as the Constitution directs in Art. XII. of the Amendments. They then make and sign three certificates of the votes given by them, each of which contains two distinct lists, one of the votes for Presi-. dent, the other of votes for'V-ice-President, and ‘annex to each ~—.l....-.-._ . . ¢._Y,,__.__.. H‘. _. _.~ . ,4 THE UNITED STATES. 205 of the certificates one of the lists of electors furnished them by l the Governor. They seal these certificates, and certify on each that it contains the lists of all the votes of such State for Presi- dent and Vice-President. One of them must be placed in the hands of a person appointed by them, to be delivered by him to the President of the Senate, in Washington, before the first Wednesday of the ensuing january. The second they forward by mail to the President of the Senate. The third they forth- with deliver to the' judge of the district in which the electors assemble. - If the certificates of any State have not arrived in Washington by the first Wednesday in january, the Secretary of State sends a messenger for the list deposited with the district judge. Congressshall be in session on the second Wednesday in February after'each meeting of electors, and the certificates, or - as many as have been received, shall be opened, the votes counted, and the persons to fill the offices of President and Vice- President ascertained and declared agreeably to the Constitu— tion. See Art. XIII, Amendments. _ If there is no President of the Senate at Washington when the person to whom the certificates have been entrusted arrives, he deposits them with the Secretary of State, to be turned over to the President of the Senate as soon as may be. The four years term of President and Vice-President begins on the fourth of March next succeeding the day on which the votes of the electors have been given. As we have seen, this is always an odd year, and the election is always on an even year. PRESIDENT ’S DU T IES.-—-He is sworn into office, together with the Vice-President, on March 4th after his election, and usually delivers an inaugural address foreshadowing his policy. He communicates annually with the Congress by means of a formal, written message. Before jefferson’s time the Presidents delivered their annual messages in person. jefferson established the custom of communicating by written messages, as in better accord with Republican simplicity. The President also com- municates with Congress by message at any time during the session if he has anything important to say. 206 POLITICAL HISTORY OF He received, up to 1873, $25,000 salary; since then his salary has been $50,000, with the use of the White House and its fur- niture. He is not allowed to receive any other emolument, not even a gift, and his salary cannot be raised or lowered during his term of office. He is Commander-in-Chief of the Army and Navy, may grant pardons except in cases of impeachment, call extra sessions of Congress, and change the meeting-place of Congress in time of danger or great emergency. ' He has, jointly with the Senate, the treaty-making power and- the appointing power. He may be impeached and removed from office. In case of death, absence or disability the Vice- President becomes President. Around him and in the Execu- tive office proper are his Private Secretary, Assistant Secretary, and a corps of stenographers and clerks, doorkeepers, watch- . men and ushers. But the President’s chief body of assistants and advisers is made up of the members of his Cabinet. PRESIDENTS CABINET—Cabinet means a small room in which select or secret councils are held by an executive or chief officer of state. The President’s Cabinet is not a creation of law but of custom. The law merely creates the departments or bureaus and authorizes for each a chief, who is appointed by the President, by and with the consent of the Senate. These departments being important, and a direct means by which the President executes the laws, their heads or chiefs are supposed _to act in concert with the President. To maintain this concert they must be frequently called into council or cabinet meeting. The chiefs of departments who are now recognized as officers of the Cabinet are the Secretary of State, Secretary of War, Secretary of Treasury, Secretary of Navy, Secretary of Interior, Attorney-General, and Postmaster-General, seven in all. Of the function of each of these, as heads of their respective depart- ments, we shall speak in the proper place. We now speak of them only as members of the Cabinet, or President’s ‘advisers. Their pay, not as Cabinet members, but as heads of their departments, is $8,000 a year. As ex ofiicz'o members of the Cabinet they are called into “ Cabinet meeting” by the Presi-. THE UNITED STATES. 207 dent whenever he needs their advice in shaping a policy, or in- formation from them respecting the running of their depart- ments, though this latter is usually laid before the Congress and country in the annual reports of the heads of depart- ments. Whenevera head of department, who ranks as a Cabinet officer, cannot agree with the President in his policy, and is tenacious of his views, he resigns on the principle that he is no ' longer a proper adviser. The Senate rarely fails to confirm the nominations of the President to those department places which rank as Cabinet offices, for the reason that he is entitled to the privilege of surrounding himself with advisers who are in har- mony with his executive views. From what we have now learned of the Cabinet, it will be understood that it has been a growth. Under Washington’s administration there were but three department officers who ranked as Cabinet members, viz.: Secretary of State, Secretary of Treasury and Secretary of War. Naval affairs were then under the control of the Secretary of War. The separate Navy Department was not organized till April 30, 1798, Adams’ ad- ministration, when the Cabinet was augmented by the Secretary of Navy. The Postmaster-General was a subordinate of the Treasury Department till 1829. Though the office of Attorney- General was created-by act of September 24, I789, he did not rank as a full Cabinet officer till 1841-45, Tyler’s administration. The Department of Interior was created March 3, 1849, last day of Polk’s administration, and the Secretary of the Interior be- came a Cabinet officer. A list of the Cabinet officers will be found under their respective department heads. VICE-PRESIDENT—The Constitution says all executive power shall be in the President. But when it Comes to speaking of his qualification and election, it mentions a Vice-President. “ No person constitutionally ineligible to the office of President shall be eligible to the office of Vice-President.” 12th Amend- ment, clause 3. The Vice-President is not endowed with much power. His salary is $8,000. He is presiding officer of the Senate, but without a vote, except in case of a tie. In all else he is like an alternate, merely an official provision against the’ 208' ’ ‘POLITICAL HIsToRv. ' possibility of being without a President. The Vice-President be- comes President in case of the death, resignation, impeachment, or disability of the latter. This has happened four times in the history of our'governnient, when Harrison and Taylor died and Lincoln and Garfield were assassinated. DEPARTMENT OF STATE. CREA T [ VE A C T S.—-There is no mention in the Constitution of this department nor any other belonging to the Executive branch of the government. They are all creations of Congress,‘ which was endowed with power to pass all laws necessary to give effect to the Constitution. At the starting of the govern- ment, foreign relations were intricate and momentous. There- fore the act of july 27, 1789 (Ist Congress, extra session), created a Department of Foreign Affairs, whose Secretary should attend to correspondence and negotiations with foreign ministers, and to such other foreign affairs as the President might order and direct. By act of September I 5, I 789 (same session), the name of this department was changed to Department of State, and the chief to Secretary of State, and he was, in addition to the above duties, charged with the receipt and publication of the laws of Congress, made custodian of the great Seal, and author- ized to use it on civil commissions. In 18 5 3 the office of Assist- ant Secretary of State was created. NATURE AND DUTIES—The Department of State usu- ally heads the list of the Executive Departments. The Secretary of State is regarded as the nearest officer to the President, and is usually selected on account of the great confidence reposed in him as a lawyer, diplomatist and safe political adviser. He is sometimes called ‘the President’s Premier, or Prime Minister, after the English fashion, because he ranks as first of his coun- sellors. In monarchies the class of officers we call Secretaries are called Ministers. The Secretary of State conducts all correspondence with and issues all instructions to United States consuls and ministers; negotiates with foreign ministers and representatives on all mat- ters they submit, under the. direction of the President; fixes the 'INHNLHVdHG HVM.QNV AAVN‘HLVLS \ will“ I I V _' 1 l " a l __ ‘l I!‘ I i j 1 l 5| :Egv “1 u l ' ‘1 II M ‘ il ‘ I" \ y 7:11‘ t‘ "I l “I "' I "' Lila? ‘I i I l: W" l i‘ I‘ it‘ A‘ i ‘1 "I, ‘ a ‘12;? i'l'l' l Ill ll’ ; 'hWWp ‘,i' ‘ I I w . r _ l , , I I pl‘! ‘ , iju ' I”), fill-‘21.’? ! 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'l l I Ir, I l i ii| ii‘! 1 ‘i v lilm I iiM'mii; l»! ii! .I/ I M . i it 2:34.11 '( ; El! l l r =11» Min ill! .l 14 209 1!. 210 POLITICAL HISTORY OF great seal to all executive commissions; receives and preserves the originals of all bills, orders and resolutions of House or Senate; promulgates and publishes the laws, amendments to the Constitution, and all consular and diplomatic information; lays before Congress annually a report of commercial systems among nations, treaties, diplomacy and all information touching our relations with foreign governments; grants passports. His is indeed an arduous and responsible office. As a cabinet officer the President relies on him more than on any other, because of the delicacy, often intricacy, of the subjects which come under his consideration. Foreign relations are seldom free from serious complications, and negligence or blunder might at any moment lead to war. ‘ vZWACHINER Y.—The machinery for working this important department is ample and intricate. It consists of a number of bureaus, branches and divisions, each of which is designed to attend to one of the many duties of the department. Thus there is a Diplomatic Bureau, Consular Bureau, Bureau of Indexes and Archives, Bureau of Accounts, Librarian, Division of Statistics, Bureau of Law, Division of Translations, Division of Pardons, Passport Division. DIPLOMA T f C SER VICE—The Diplomatic Bureau of the Department of State is the centre of the Diplomatic Service of the United States. This service embraces Envoys Extraordinary and Ministers Plenipotentiary. These high-sounding titles designate our most important ministers to foreign countries. They, like all our foreign ministers of whatever grade, are ap-' pointed by the President, by and with the advice and consent of the Senate. They do not, however, represent the President but, the entire government. It is to be regretted that a service dedi- cated to diplomacy, which is supposably exact and exacting, should be so loose in its use of terms. The word Embassador has with us none but the most general meaning. It might very . properly include all that is meant by the above lengthy titles. The persons sent abroad to represent the government and who are called Envoys Extraordinary and Ministers Plenipotentiary are not only authorized to reside in the country they go to, but THE UNITED sTATEs. 211 are fully commissioned to act for our government there. They are offices of great dignity and responsibility, and are usually filled with men of prudence and knowledge of foreign affairs. By the Law of Nations Embassadors, Envoys, Ministers and duly accredited representatives of any kind are exempt from arrest, imprisonment and prosecution. Violation of the person, property or rights of an Embassador in any civilized country would be a cause for war on the part of the country offended. We have now sixteen Embassadors abroad who rank as Envoys Extraordinary and Ministers Plenipotentiary, viz. : one each to France, Germany, Great Britain and Russia, at a salary of $17,500 each. One each to Austro—Hungary, Brazil, China, Italy, japan, Mexico and Spain, at a salary of $12,000 each. One each to Central American States, Chili and Peru, at a salary of $10,000 each. One to Turkey, at a salary of $7,500. One to Corea, at a salary of $5,000. They are accredited to the Sover- eigns of the countries to which they are sent. MINISTERS RESIDENT—These like the former reside abroad. By this word “reside” is not meant permanent resi- dence, but only until their commissions expire. They do not go on a special mission, to return when it is ended. The Resident Ministers are instructed and clothed with authority, the same as those of a higher grade, but the countries to which they are sent being of less importance, and their salaries smaller, they do not rank so high. They are one each to Argentine Republic, Belgium, United States of Colombia, Hawaiian Islands, Nether- lands, Sweden and Norway, and Venezuela, salary $7,500; and one each to Bolivia, Hayti, Denmark, Liberia, Persia, Portugal and Switzerland (who are also Consuls-General), salary $5,000. The Minister Resident to Greece, salary $6,500, also represents the country in Roumania and Servia. CHARGE D’AFFA[RES.-—These are officers like Ministers Resident, though not accredited to sovereigns, but to ministers of foreign affairs. Their authority is full, ‘but they go to countries without intricate diplomacy. One is sent to Paraguay and Uruguay, salary $5,000. SECRETARIES OF LEG/1 T I ON—These are usually com- 212 ‘ POLITICAL HISTORY OF missioned attendants of the more important ministers and act as their secretaries and interpreters. In the absence of their prin- cipal they supply his place, and sometimes they are the only American representative in a foreign country, as, till lately, the Secretary of Legation and Interpreter at Pekin, salary $5,000. There are other Secretaries of Legation, as follows: One at Constantinople, salary $ 3, 500, and one Interpreter, salary $3,000 ;' two at Paris, salaries $2,62 5 and $2,000; two at Berlin, salaries $2,625 and $2,000; two at London, salaries $2,625 and $2,000; one at St. Petersburg, salary $2,62 5 ; one Secretary of Legation and one Interpreter at Yedo, japan, salary $2,500 each; one each at Vienna and Rome, salary $3,500; one each at Rio de Janeiro and Mexico, salary $1,800; and one at Madrid, salary $3,000. CUNSULAR SERVICE—The second Bureau in the State Department is the Consular Bureau. It is a large and important Bureau, and through its consuls the government finds a representation in every important city and country in the world. Like Ministers, Envoys and Secretaries of Legation, they are appointed by the President and Senate. They hear all complaints of American captains, masters, crews and passengers, and adjudicate their cases; hear protests of American merchants, also of foreigners respecting American citizens; certify to the correctness of all invoices of goods shipped to this country; gather commercial information of the country and send it to the Consular Bureau; take charge of deceased Americans, their effects and estates, and properly dis- pose of the same. They have no representative or diplomatic status, but are nevertheless protected under the Law of Nations, the raised flag of the country being their safeguard. They may determine all matter of wages for seamen on board American ships, receive ships’ papers and see that they are correct, provide for sick or destitute seamen and send them home, dismiss crews if mutinou's or disobedient, settle questions of wreck and salvage, assist in defence of American criminals on trial in their jurisdic- tion; and in some countries aid in adjudicating civil disputes. There is a full code of laws and instructions for their government. They are of three grades. No. I embraces Consuls-General THE UNITED STATES. 213 and Consuls with fixed salaries, who are not allowed to transact any other business._ No. 2 includes those with fixed salaries (lower than the first), who are allowed to transact other business. No. 3 embraces all who are paid by fees, and allowed to transact other business. Some of the third-class find a large profit from fees, some find nearly nothing. Besides those in these classes there are Commercial Agents and Consular Clerks with similar duties and powers. It will be readily seen the Consular Service embraces many hundred persons. They are appointed usually at the instance of Senators and Representatives, but many through the influence of commercial men, and for their knowl- edge of foreign languages and business usages. SECRETARIES OF STATE. Name. Appointed. Thomas Jefferson, Va'. . . .Sept. 26, 1789 Edmund Randolph, Va. .Jan. 2, 1794 Name. Appointed. John C. Calhoun, S. C. . . .Mar. 6, 1844 Timothy Pickering, Pa. . .Dec. 10, 1795 James Buchanan, Pa. . . ...Mar. 6, 1845 John Marshall, Va . . . . . . .May 13, 1800 John M. Clayton, DEl. . . .Mar. 7, 1849 James Madison, Va . . . . . . .Mar. 5, 1801 Daniel Webster, Mass. . . .July 22, 1850 Robert Smith, Md.. . . . . ..Mar. 6, 1809 Edward Everett, Mass... ..Nov. 6, 1852 James Monroe, Va... . . . . .April 2, 181 1 William L. Marcy, N. Y. .Mar. 7, 1853 John Quincy Adams, Mass.Mar. 5, 1817 Lewis Cass, Mich . . . . . . . .Mar. 6, 1857 Henry Clay, Ky . . . . . . . ..Mar. 7, 1825 Jeremiah Black, Pa. . . .Dec. 17, 1860 Martin Van Buren, N. Y..Mar. 6, 1829 William H. Seward, N. Y.Mar. 5, 1861 Edward Livingston, La. . .May 24, 1831 E. W. \Vashburne, Ill. . . .Mar. 5, 1869 Louis McLane, Del . . . . . .May 29, 1833 Hamilton Fish, N. Y.. . . .Mar. 11, 1869 John Nelson, Md . . . . ...Feb. 29, 1844. John Forsyth, Ga. . . . . . . .June 27, 1834 Daniel Webster, Mass. . . .Mar. 5, 1841 Hugh S. Legaré, S. C. . . .May 9, 1843 Abel P. Upshur, Va . . . . ..July 24, 1843 William M. Evarts, N. Y.Mar. 12, 1877 James G. Blaine, Me... . . . Mar. 5, 1881 F. T. Frelinghuysen, N. J..Dec. 12, 1881 Thomas F. Bayard, Del....Mar. 6, 1885 TREASURY DEPARTMENT. CREATIVE AC T S.—-The Treasury of the Continental Con- gress was conducted under the auspices of a Committee of Con; gress. Under the Confederation the office of “ Secretary of the Treasury” was created by act of Feb. II, 1779. By act of June 30, 1779, it was resolved into a Board of Commissioners. By act of Feb. 7, 1781, the Board of Commissioners gave way to a Superintendent of Finance, who was given (Sept. 11, 1781) the assistance of a Comptroller, Register, Treasurer and Auditors. By act of May 28, 1784, the old Board of Commissioners was reinvested with control. This was very changeable legislation 214 POLITICAL HISTORY. respecting an office so important as that of the Treasury, but it was characteristic of the Confederation. During the first session of Congress, Sept. 2, I 789, our present Treasury Department was established with a Secretary of the Treasury, Comptroller, Auditor, Treasurer, Register and Assistant Secretary. Around this nucleus has been built'by repeated acts of Congress the present stupendous fabric, whose officials are more numerous than those of any other department, whose re- sponsibilities are greater, whose existence is inseparable from that of the government, whose transactions amount to hundreds of millions of dollars a year. - POWERS AND DU T [ES—All accounts of the United States are settled in the Treasury Department, and there all moneys due are received, and owing, paid. The transactions of this department date from july 1 of each year. This is called the Fiscal (money) year. No officer or clerk in this department is permittedv to accept any compensa- tion over and above his salary for transacting any business in the department, nor can any employé trade in the funds of or debts of the United States. The chief officer is the Secretary of the Treasury, salary $8,000. He is a member of the Cabinet, and is appointed, like all department officers, by the President, by and with the con- sent of the Senate. He has two Assistant Secretaries at a salary of $4,500 each. The Secretary must manage the collectiori of all revenue and lay plans for supporting ‘the public credit; order and keep all public accounts; grant warrants for moneys appro- priated by Congress; audit accounts of receipts and disburse- ments; collect all commercial statistics ; report annually to Con- gress, or whenever called upon, his methods of management, results and recommendations. For his assistance in the discharge of these multifarious and responsible duties he has a corps of officers, clerks and assistants which number over 3,000. These are all at work in the follow- ing subdepartments, bureaus or divisions: FIRST ASSISTANT—This officer supervises all the work relating to Appointments; Public Moneys; Revenue Marine; jam Czzod wagon 4.83.5: < M‘ .'\-I PARA DE GRDUN Do_ '~ P in IY‘I'EIIIIIII >—-__—‘ w ._< _i-MAI ~ 5 ‘2-, .. fi~_._____-—= .AOAIJ‘EIMLYEGEEITTJTRET BARRACKS. VIEWS AT MILITARY ACADEMY, WEST POINT. 235 236 POLITICAL HISTORY OF in number; and are read at the time of enlistment and every six months afterwards. A charitable provision in our army system is, first, gradually increasing pay for the minor officers as they add to their years of service, and second, three-fourth pay to all commissioned officers when they are placed on the retired list. Officers pass to the retired list by law after thirty-two years of service or on arriving at the age of sixty-two, but may be retired for honor- able cause and by proper authority at any time. MILITARY ACADEMIC—This government school for the education of men in the science and art of war is situated at West Point on the Hudson. It was authorized by act of Con- . gress in 1802, and then instituted in a modest way. It has since grown to be a large and useful institution, ranking with the best of its kind in the world. Its chief officer is a superintendent, who ranks as Colonel. It has a large corps of professors de- voted to teaching tactics, engineering, philosophy, mathematics, history, geography, ethics, chemistry, mineralogy, geology, drawing, modern languages, gymnastics, music, etc.; the idea being to provide not only men skilled in whatever appertains to army affairs, but educated gentlemen also. Each Congressional district and Territory in the, United States is entitled to have one cadet or scholar at the Military Academy. The District of Columbia isentitled to one, and the United States to ten, called cadets at large. The President selects the cadets at large. The Secretary of War selects those from the Congressional districts, at the request of the representative thereof in Congress. Candidates must be between seventeen and twenty-two years old, at least five feet in height, physically per- fect, and must be proficient in the elementary branches. They are paid $540 a year, which is regarded as sufficient to maintain them. They graduate with the rank of lieutenant in the army, and are standing candidates for an active place with that rank. The academy is visited annually by a commission appointed by the President and composed of members of Congress and mili- tary officers, who report to the Secretary of War for the use of Congress. I THE UNITED STATES. 237 NAVY DEPARTMENT. The Navy Department was at first connected with the War Department. It was erected into a separate department by act of April 30, 1798, and went into operation in June, I 798. Its chief officer is the Secretary of the Navy, salary $8,000, ap- pointed by the President by and with the advice and consent of the Senate, for four years, unless sooner removed. He ranks as a member of the’ cabinet. Like all the other departments, this is divided into a number of Bureaus or Divisions, for its more effective working. The name of the department suggests that it is devoted to the naval affairs of the country. The question of a navy has always been an interesting one, and parties have often divided on the propriety of keeping a naval establishment in time of peace, likewise over the policy of strengthening it in time of emergency. It must be said that in time of war, when our destinies were all in the keeping of our vessels of war and our hardy sailors, that the American Navy has been a source of safety and credit, and has given proof that we can conduct ocean warfare with all the brilliancy and effect of those who boast of more formidable ships and thoroughly trained mar- iners. SECRETARY ’S DUTIES—He must provide all naval stores and construct, arm, equip and‘ employ vessels of war. All captures of ships, standards and guns must be reported to him and pass into his custody. He prepares and publishes all charts, maps, sailing directions and nautical books, bearing on navigation, which he deems necessary. He reports annually to Congress the state of the navy and submits estimates for ap- propriations. He accounts for all disbursements on behalf of the navy. He establishes coal stations in different parts of the world, disposes of old ships and worn-out equipments, acts as trustee of the Navy Pension F und'and Privateer Fund; in short does all that appertains'to eflicient management of naval affairs. YARDS AND DOCKS—This Bureau has charge of the Navy Yards and Naval Stations, their construction and main~ 238 POLITICAL HISTORY OF tenance, and the supply of timber therefor. There are several Navy Yards and Stations in the country, located at what are supposed to be available points, as at Portsmouth, N. H.; Brooklyn, N. Y.; Philadelphia, Pa.; Boston, Mass; Washing- ton, D. C.; Norfolk, Va.; Pensacola, Fla; Mare Island, Cal.; New London, ‘Conn. (N. Station); Port Royal, S. C. (store ships). They were erected for the purpose of building ships of war, but that work has been discontinued at many of them. They are convenient stations and repair-shops, and no longer a reliance for the speedy construction of large and effective war-ships, owing to the cost of properly maintaining them, and the spasmodic demand for their services. The Chief of the Bureau of Yards and Docks ranks as a Captain in the navy. EQUIPMENT AND RECR U] T fNG.—-—The Chief of this Bureau ranks as Commodore in the navy. It is the recruiting office of the navy, and attends to the equipment of vessels of war with sails, rigging, anchors, fuel, etc. NA VfGATfON—The Chief of this Bureau ranks as Com- modore. He has a chief clerk and four assistants. The Naval Observatory and Hydrographic Office are in the care of this Bureau, which in addition supplies vessels of war with flags, charts, signals, chronometers, barometers, glasses, etc. The Naval Observatory just mentioned is the counterpart, in America, of the Greenwich Observatory in England, and arose from the same necessity; to wit, that for accurate astronomical observations and safe computations for the purposes of naviga- tion. The Observatory employs a Superintendent, who ranks as Rear Admiral, and ten assistant professors who rank as naval officers of different grades. It is a finely equipped institution and employs some of the best astronomical observers and calcu- lators in the country. As to astronomical observations its work is the same as that of the numerous collegiate and private ob- servatories throughout the country, but aside from that, its energies are devoted to the tabulation of results, and the turning of discoveries, corrections, and calculations to practical scientific account. Scarcely less important is the Hydrographic Office, where the THE UNITED STATES. 289 results of surveys, soundings and coast, lake and river observa- tions are engraved, printed and published in map, chart or book form and given out for the use of naval vessels and those of the merchant marine. Its Chief ranks as Captain in the navy. The Nautical Almanac is published from this Office. BUREAU OF ORDNANCE—The Chief of this Bureau ranks as Commodore in the navy. He has charge of the manu- facture of naval ordnance, ammunition, armament for vessels, of arsenals and magazines, the torpedo service and stations, all ex- periments for testing guns, torpedoes and other naval weapons. CONS T R U C T 1 ON AND REPAIRS—The Chief of this Bu- reau ranks as Commodore. He controls all dry-docks, and designs, builds and fits out vessels of war. S T EAMEN GTNEERTN G.—The Chief ranks as Commo- dore. He controls the designing, manufacturing and adjusting of all the steam-engines and steam-machinery of war vessels. PRO VISION AND CLOTHING—The Chief of this Bu- reau ranks as Commodore. The office supervises the purchase and supply of food and clothing for the navy. MEDICINE AND S URGER K—The Chief ranks as Com- modore. The Bureau supplies medicines, instruments and medical stores to vessels of war and marine hospitals and accounts for the same. _ The Navy, like the Army, has given rise to a set of charitable and educational institutions which are objects of pride on the part of the Department and of great utility. The first of these is the NAVAL ASYLUM located at_ Philadelphia. It is a home for old or disabled naval officers, seamen and marines. It oper- ates outside of and distinct from the pension system. Navy pensioners may commute their pensions for places in the Asylum. The applicant must be unable to work and must have served twenty years in the navy. If admitted, the Asylum is his home till death, on condition that he obeys its rules, which are quite rigid. For good conduct one dollar a month is awarded to each sojourner. The institution is presided over by a governor, with navy rank and pay. 240 POLITICAL HISTORY OF NA VAL HOSP! T ALS.——-These are institutions for the tem- porary treatment of sick and disabled seamen. They are sup— ported by an annual appropriation. There are eighteen Naval Hospitals in the country, located at leading ports or wherever there are naval stations, and one at Yokohama in Japan. NA VAL A CADEMK—This Academy, a national institution, is as much a part of the Navy Department as the Military Academy is a part of the War Department. It is located at Annapolis, Md. Its Superintendent always ranks high among naval officers. He is assisted by other officers of the navy and by a corps of professors, who teach Seamanship, gunnery, mathe- matics, engineering, astronomy and navigation, chemistry, phys- ics, modern languages, history, drawing, and whatever will fill out the education of a naval officer, a private engineer or retired gentleman. The pupils come from the Congressional districts and Territories, one from each, with one for the District of Columbia, and ten at large. The President appoints those at large. " The Secretary of the Navy, deferring to the recommen- dation of the member of Congress from a district or delegate from a Territory, appoints those from the districts. Applicants are examined by the Superintendent of the Academy in June and September of each year. In order to pass they must be physically sound, of good moral character, not under fourteen nor over eighteen, and up to the standard in the elementary English branches. If admitted, candidates become cadet-mid- shipmen, and are not only pupils but inmates of the Academy , for a term of six years, to which they must bind themselves to add‘two years of active service if not discharged. They are paid $500 a year from time of admission. After their eight years of service and schooling they graduate as Midshipmen in the navy. There is also a course of studies in, or rather a department of, the Academy devoted to Naval Engineering._ It is a four-year course at the Academy and two in a vessel at sea. The pupil in this course is a cadet-engineer. When he graduates he is entitled to a commission as Assistant Engineer in the navy, when there is a vacancy. THE UNITED STATES. 241 U. S. NA VIE—The highest rank in the navy is Admiral, salary, $13,000; the next, Vice-Admiral, salary, $9,000. These, like General and Lieutenant-General in the army, are honorary and temporary, and expire with those on whom they were spe- cially conferred. The highest real or workingrank is Rear- Admiral, salary, $6,000. Then comes, in order, Commodore, salary, $5,000; Captain, $4,500; Commander, $3,500; Lieu- tenant-Commander, $2,800; Lieutenant, $2,400; Master, $1,800; Ensign, $1,200; Midshipmen, $1,000. All these salaries ‘are actual duty salaries at sea. They are considerably less for shore . duty. The salary of the officers, from Lieutenant-Commander down, increases after a service of five years from date of com- mission. Pensions and retiracy from service on pay are on the same general plan as prevails in the army. Enlistments in the navy are for not less than three nor more than five years. Minors from fifteen to eighteen may be enlisted till they are twenty-one, with the consent of parents. The total force of officers and men in the navy, in time of peace, or as the laws now stand, cannot exceed 8,250. The navy is governed by a code of sixty articles prescribed by Congress. MARINE C ORPS.——This very useful arm of the service is a nondescript. It is a body of enlisted men, not exceeding 2,500 in number, who are officered and disciplined according to army rules and tactics, who do regular military duty at United States arsenals and naval stations, but who may be detailed for active service on'board war vessels. They have proved excellent for policing and garrison purposes, and the complement of them as- signed to ships during actual war have enabled victorious vessels to hold captured places permanently without the constant men- ace of heavy guns. SECRETARIES 0F NAvv. ' Name. Appointed. George Cabot, Mass . . . . . .May 3, 1798 Benjamin Stoddert, Mass..May 21, 1798 Robert Smith, Md . . . . . . . .July 15, 1801 J. Crowninshield, Mass. . .May 3, 1805 Paul Hamilton, S. C. . . . .Mar. 7, 1809 William Jones, Pa . . . . . . .Jan. 12, I813 B.\V.Crowninshield, Mass.Dec. 19, 1814 Name. Appointed. Smith Thompson, N. Y. ..Nov. 9, 1818 John Rogers, Mass.. . . . .Sept. 1, 1823 Samuel L. Southard, N. J.Sept. 16, 1823 John Branch, N. C. . . . . . .Mar. 9, 1829 Levi Woodbury, N. H.. . .May 23, 1831 Mahlon Dickerson, N. J. .June 30, 1834 James K. Paulding, N. Y.June 25, 1838 16 ‘ 242 POLITICAL HISTORY. SECRETARIES OF NAVY— Continued. Name. Appointed. Name. Appa'nted. George E. Badger, N. C. .Mar. 5, 1841 james C. Dobbin, N. C. ..Mar. 7, 1853 A. P. Upshur, Va . . . . . . . .Sept. 13, 1841 Isaac Toucey, Conn . . . . . .Mar. 6, 1857 David Henshaw, Mass... .july 24, 1843 Gideon Welles, Conn. . . ..Mar. 5, 1861 Thomas W. Gilmer, Va.. .Feb. 15, 1844 Adolph E. Borie, Pa. . . . .Mar. 5, 1869 john Y. Mason, Va . . . . . . .Mar. 14, 1844 George M. Robeson, N. j..june 25, 1869 George Bancroft, Mass. . .Mar. 10,, 1845 Rich. W. Thompson, Ind..Mar. 12, 1877 john Mason, Va . . . . . .Sept. 9, 1846 Nathan Goff, jr., W. Va. .jan. 6, 1881 William B. Preston, Va. ..Mar. 8, 1849 W. H. Hunt, La . . . . . . ..Mar. 5, 1881 William A. Graham, N. C.july 22, 1850 Wm. E. Chandler, N. H..April I, 1882 john P. Kennedy, Md.. . .july 22, 1852 Wm. C. Whitney, N. Y . .Mar. 6, 1885 INTERIOR DEPARTMENT. This office did not exist till authorized by act of March 3, 1849. It became necessary by reason of the great growth of some of the Bureaus and Divisions of the other Departments, especially those of Public Lands and Patents, and because the time had come for a grouping of them under a head more sig- nificant of their real character. We are not sure that the title “Interior Department” is the happiest which could have been chosen, but it savors of home and gives one to understand that the business of the office relates to affairs quite within our own boundaries. It has not only drawn something from other offices, but has been the office most called upon to meet the great and growing demands of the country, whenever a Department was needed to take control of a newly created service. The office has for its head a Secretary of Interior, appointed by the President by and with the advice and consent of the Senate, for the term of four years unless sooner removed. His salary is $8,000, and he is a Member of the Cabinet. SECRET AR Y 'S DU T [ES—He attends to all business relat- ing to Public lands and mines, Indians, bounty lands, patents, custody and distribution of publications, education, census, Ter~ ritories, government asylums. He reports annually, or whenever called upon, to Congress respecting the workings of his office. He prepares the Federal Blue Book or Biennial Register of all the government employés, keeps the return oflice in which are filed the contracts made in the Departments of War, Navy, and Interior, controls the Yellowstone Park, and publishes at the IIIII IIIIIIIII‘ ll‘ l .. llllllllllllillllllllll - ~ - I .- .....~‘m“lll"l""-lll" .- iiml “ill “"II ‘t { ‘LI PENSION OFFICE- 244 ' POLITICAL HISTORY OF close of each session of Congress 1 1,000 copies of the laws just, i passed. Like all the other Departments, this is divided into Bureaus and Divisions devoted to certain duties, that the entire work of the Department may be carried on in an orderly manner. Perhaps the most important is the - GENERAL LAND OFFICE—This was a part of the Treasury Department until the creation of the Interior Depart- ment. Quite early, the matter of disposing of the Public lands became important, and a Land office was created by act of April 25, 1812. This question of selling public lands and disposing of the proceeds was for over half a century actively political, and not until the passage of the Homestead laws, beginning in 1862, did a satisfactory method of dealing with them exist. The duties of the General Land Office are attended to by a Commissioner, who acts under the Secretary of the Interior. These duties relate to the surveying and plotting of public lands, their sale, and the issuing of patents for those sold. There are local Land offices, numbering sixteen, in all the States and Territories containing public lands for sale. These are presided over by U. S. Surveyors-General. The SurveyonGeneral em~ ploys surveyors, draughtsmen, and clerks who are engaged in the active work of field surveys. This work of surveying, plot- ting, dividing, and giving metes and bounds to public‘lands is always going on. At first townships are formed, six miles square, with true east and west and north and south boundaries, and the four corners are located and ‘marked.- Then each township is cut in sections one mile square, or 640 acres each, and these are subdivided into quarter sections of 160 acres each. They are all numbered and booked, and are known, referred to, sold, and patented according to their number and range. The actual selling of the lands is done through still another set of offices more numerous than those of the Surveyors, and located at all available points. They are known as Land offices too, but they are Registers’ and Receivers’ offices, being presided over each by a Register and Receiver. His business is to make final disposition of the lands to the actual applicant or settler, THE UNITED STATES. 245 give him title and possession, collect the fees and purchase money, and account to the government. PUBLIC LANDS—These formerly existed in every State outside of the original thirteen, but they now exist only in the Territories, and to a greater or less extent in Alabama, Arkansas, Louisiana, Mississippi, Missouri, Michigan, Minnesota, Kansas, Nebraska, Iowa, Wisconsin, Florida, California, Nevada, Oregon and Colorado. The public lands are being disposed of very rapidly. Figures respecting surveys and sales are almost daz— zling. The sales for 1883 amounted to 16,830,000 acres, the largest on record. In 1873 they only amounted to 3,793,000 acres, but they always fall off during hard times.‘ PUBLIC LAND S YS T EM—It may be said in general that public lands are of two classes, one rating at $1.25 per acre, the other at $2.50 per acre. There are four ways of getting posses~ sion: Ist, under the Homestead act; 2d, under the Pre-emption laws; 3d, under the Timber Culture act; 4th, under the Military bounty act. 7 The Homestead act provides that any head of a family, or person over 21 years, a citizen or one who has declared his intentions, may enter a homestead of 160 acres, or alternate 80 acres, of surveyed land. He must pay the entry fees, from $7 to $22, take possession and be an actual settler for five years, pay the government price, and get the title. Under the pre emption laws the same class of persons may enter any unsur- veyed, offered, or unoffered lands, and by payment of fees, and proof of actual settlement, hold a section of the same against sale to any one else. He must make final proofs and payments as under the Homestead act, in order to complete his title. Title to a section of land may be acquired by a soldier who holds a bounty land-warrant, said land-warrant being good payment for the land as far as it goes. But the government has never issued many of such land-warrants. Title may be secured under the Timber Culture acts of 1873-78, by any actual settler who culti- vates for two years five acres of trees. Such an one gets 80 acres; and 160 acres if he cultivate ten acres of trees. His patent will be issued free at the end of three years, on proof of what he has done. The design is to encourage timber culture 246 POLITICAL HISTORY OF on farm land. Of course nothing in these acts prevents a cash purchaser at the public auction of these lands from acquiring patented title. These acts all refer to the sale of Agricultural lands. The Min~ eral lands are located and disposed of under another set of regu- lations, which miners and mining companies alone are interested in, though all are open to the ordinary private citizen. After 1860 the policy of giving government aid to Railroads, chiefly those through to the Pacific, in the shape of large grants of public lands, became popular for a time, but is so no longer. The public lands yet unsold amount to 1,814,793,938 acres. PENS] ON OFFICE—This important branch of the Depart- ment of the Interior is presided over by the Commissioner of Pensions. Our pension system began with the government and was conducted by the Secretary of War until 1833. Then a Pension Office was created which remained with the War De- partment till the establishment of the Interior Department in 1849. Our government has always been liberal in its payment of pensions ‘to soldiers and their families. Not a year has elapsed since the starting of the government that a good round sum has not been paid in the shape of pensions. The average up to 1815 would be about $100,000 yearly. From that time on till 1865 the average would be fully $2,000,000 annually. Since then the figures have assumed enormous proportions, owing to the fact that the civil war greatly increased the list of pensioners, and the further fact that Congress has exceeded all former liber- _ality by dating the payment of pensions back to the time of in- jury or deprivation, instead of beginning it with the date on which the pension is granted. Our pension system does not reach the Civil Service as in England, if we except the retiracy of judges of the United States Courts, who may, since 1869, retire at seventy with full salary for life, if they have served ten years continuously. The total cost of the system for 1886 was $63,404,864, and in 1888, $80,000,000 were asked for. COMMISSIONERS DUTIES—He must hear through-his examiners, surgeons, etc., all applicants for pensions, grant pen- sion papers to the meritorious, investigate frauds, issue bounty THE UNITED STATES. 247 land-warrants, and do all that this elaborate and expensive system requires of him. In paying pensions he is assisted by Pension Agents, located at offices throughout the country called Pension Agencies. There are now seventeen of these, located at Boston, Chicago, Columbus, Concord, Des Moines, Detroit, Indianapolis, Knox- ville, Louisville, Milwaukee, New York, Philadelphia, Pittsburg, St. Louis, San Francisco, Syracuse, Washington, D. C. The manner of applying for pensions is carefully guarded by formalities, oaths, examinations, etc., as it must necessarily be, owing to the great number of applicants and the inducement to raise fictitious cases. The rate of pension paid is regulated by the character of the disability and the rank of the pensioner. Widows of soldiers'killed in service are entitled, and orphans under sixteen. In addition to pension each soldier is entitled to periodical allowance for an artificial limb‘or eye, if compelled to use such. INDIAN BUREA U.——A Bureau of Indian Affairs was estab- lished as early as 1832, and became connected with the Interior Department in 1849. Its chief officer is a Commissioner of Indian Affairs. The active work of the Bureau is done among the Indians at Agencies, and by Agents, of which there are some seventy, situated so as to accommodate the respective tribes. The government has from time to time made treaties with different tribes, allotted reservations to others, and entered upon a variety of contracts, possible and impossible, according to the whim of the natives, many of which are but little better than agreements to support whole tribes in idleness. The fulfillment of these compacts makes what are called our Indian relations. These it is the business of the Commissioner of Indian Affairs to superintend. The fact that such superintendence never served to ameliorate the condition of the Indian gave rise to a Board of Indian Commissioners, composed of intelligent and charitably disposed men, appointed by the President, and who serve with- out pay, whose duty it is to supervise all moneys appropriated for Indians, and inspect food and clothing purchased for their use. 248 POLITICAL ,IIIsTORY. The necessity for such commission is a confession that the government either had not conducted or could not conduct its Indian affairs properly: both of which were doubtless true, in the absence of a clearly defined Indian policy, which no more exists to-day than when the Cavalier and Puritan landed. PA TENT OFFICE—This interesting office is under the immediate supervision of a Commissioner of Patents. The name of the office suggests its use. The first act relating to patents was that of April 10, 1790. It authorized the grant- ing of patents by the Secretary of State, after consultation with the Secretary of War and Attorney-General, though either could act on his own responsibility. The present office and something like the present system was created by act of March 3, 1849, in connection with the Interior Department. But it was not until the act of July 8, 1870, that the existing system took full shape and vigor. ' i The model-rooms of the Patent Office were begun in 1836. ‘They were greatly enlarged, and quite well filled with models, when the fire of Sept. 24, 1877, destroyed some 87,000 of them, besides other interesting historic relics. They have been again enlarged and are rapidly filling up with evidences of American genius and skill. . Patents are granted only after full designs or models have been presented and examined by experts, and something found therein “ new and useful, not known or used by others in this country, and not patented or described in print in this or any other country.” A patent for an original invention runs for seventeen years. A patent for a design may run from three and a half years to fourteen years. CENSUS OFFICE—The Secretary of the Interior is charged with the duty of taking each decennial census, through and by means of a Superintendent of Census. The active work of enumeration is done by means of Supervisors of districts, ' specially appointed. These send out enumerators into all the subdivisions of a district, who gather the facts and figures from the people, and return them in a given time. When they reach the Central Office at Washington they are tabulated and ‘HEM Tammy/HA. OHHHQOM. 4<>w3~2®€07fi U. 0. 250 POLITICAL HISTORY or printed in the form of Census Reports. The work of census-taking is important, and it is to be regretted that it has never reached, in this country, the perfection it has in some others. This may seem strange in view of the fact that the United States was the first nation to provide in its fundamental law for a periodical count of its people. The first census under the Constitution was taken in 1790. They have been taken every ten years since, and the results duly published. The early censuses con- tained but little more than an enumeration of the people. The omission of statistics and facts relating to the industries of the country caused a general overhauling of the census methods in 1849. By act of March 3 of that year a Census Board was created, composed of the Secretary of State, Postmaster-General and Attorney-General, to prepare a plan for the census of 1850. This resulted in an act of May 23, 1850, creating a Census Office in the Department of the Interior, with a Superintendent, as above noted. Since then the census inquiries have been framed so as to cover not only population, but age, nationality, physical and mental condition, social matters, churches, schools, industrial establishments, farms, products of every kind,‘ and whatever will contribute to knowledge of our wealth, progress and actual status as a people.- One hundred inquiries could be addressed to the citizen by the census enumerator, but no more. The three censuses taken under the act of 18 50 were great ad- vances on those taken before, and their results form a set of volumes which are indispensable to historians, statisticians and students of social problems. Still the act was defective, and the machinery under it Clumsy and uncertain. An attempt was made to remedy it by the census act of 1880. It is not yet time to say whether the attempt has been a success or a failure. It has certainly not resulted in a prompter receipt, tabulation and publication of the returns, though those already perfected show a completeness and utility beyond all others. BUREAU OF EDUCA T [ON—This Bureau was created by act of March 2, 1867, and attached to the Department of the Interior. Its Chief is a Commissioner of Education. ‘ The ' business of the Bureau is to collect, publish and disseminate THE UNITED STATES. 251 among the people such information touching schools and school systems as will enable them to keep pace with modern improve- ments in school organization and management, and meet the national desire to overcome illiteracy wherever it exists. The Bureau was a noble conception, and its work bears on vital points, for our Republic is ever confronting the dangers that lurk in illiteracy. . ‘ RAILROAD AC C OUN T S.—-The Bureau was established in 1878, and connected with the Interior Department. It was made necessary by the new policy of the government extending aid to the Pacific and other railroads. The aid to build these long, through and necessary lines was either by guarantee of their bonds or by gift of public lands. In either event the .govern- ment felt that it should exercise a control over the management of such roads to the extent of auditing their accounts and seeing that all acts of Congress in their interest were respected. This is the duty of the Bureau of Railroad Accounts, whose chief is called Auditor. CAPITOL ARCHITECT—This officer has control of the Capitol repairs and Capitol grounds. GEOLOG] CAL S UR VEY. ——Under the head of Public Lands we saw they were divided into Agricultural and Mineral Lands. This division requires a knowledge of their geological structure and underground resource. For this purpose the Geological Survey was established in 1879. Its chief is called Director of the Geological Survey. The annual appropriations for carrying on this work of examining and classifying public lands according to their mineral substances and worth average $100,000. OTHER ADYUNCTS—The Secretary of the Interior was in 1877 authorized to appoint a Commission of Entomologists , to inquire into the visitation of the Rocky Mountain Locusts and devise means for suppressing their annual invasions. He appoints by law a Recorder of Deeds and Register of Wills for the District of Columbia. With his Department is connected the management of the Government Hospital for the Insane. This noble institution, erected at a cost of $500,000, and contain- ing nearly 1,000 inmates, is designed for the care and treatment 252 POLITICAL HISTORY OF of the insane of the Army and Navy and the indigent insane of the District of Columbia. It was founded in 1855 and stands on a conspicuous bluff south of the Anacostia River, in full view of the Capitol. So also it has the management of the Columbia Institution forv the Instruction of the Deaf and Dumb, established in 185 7, located at Washington, and designed for the free edu- cation of the deaf and dumb of the District of Columbia, and the paid education of pupils from all the States and Territories. The Freedmen’s‘ Hospital and Columbia Hospital for Women are also under the general superintendence of the Interior Department. SECRETARIES OF THE INTERIOR. Name. Appointed. Name. Appointed. Thomas H. Ewing, Ohio...Mar. 8, 1849 Columbus Delano, Ohio. .Nov. 1, 1870 Alex. H. H. Stuart, Va... .Sept. 12, 1850 Zachariah Chandler, Mich.Oct. 19, 1875 Robert McClelland, Mich..Mar. 7, 1853 Carl Schurz, Mo. . . .. ..Mar. 12, 1877 Jacob Thompson, Miss... .Mar. 6, 1857 S. J. Kirkwood, Iowa. . . .Mar. 5, 1881 Caleb P. Smith, Ind.... ...Mar. 5, 1861 Henry M. Teller, Col. . . .April 6, 1882 John P. Usher, Ind.. . . ...Jan. 8,, 1863 Lucius Q. C. Lamar, Miss.Mar. 6, 1885 James Harlan. Iowa... .. .May 15, 1865 Wm. F. Vilas, Wis . . . . . . .Dec. 5, 1887 O. H. Browning, Ill.... . . .July 27, 1866 Jacob D. Cox, Ohio . . . . ..Mar. 5, 1869 THE POST—OFFICE DEPARTMENT. The government comes down closer to the people through the Post-Office Department than any other. It intimately concerns all of us and exists for our accommodation in the matter of correspondence with friends and business folk at home and abroad. The Constitution, Art. 1., Sec. 8, authorizes the estab- lishment of Post-offices and Post-roads. This is not peculiar to our government. All civilized powers assume to do the same thing for their people, and nearly all in the same way, so much so at least that what is known as a Postal Union has become possible, whereby different countries agree to recognize our stamps on letters and engage to carry them through their mails, we doing the same toward their stamps and with their letters. This wonderful triumph of political civilization brings the peo- ple of all countries in the Postal Union as closely together as if they were of one country. The earliest Post-Office System in our country arose under act of Sept. 22, 1789. It was a crude affair, run in connection THE UNITED STATES. 253 with the Treasury Department, though presided over by an officer called the Postmaster—General, as to-day. There were. then 75 post-offices in the country, and the routes extended over 1,875 miles. It cost the country in 1790, $32,140, and the re- ceipts were $37,935. Now there are in round numbers 54,000 post-offices, a routeage of 372,000 miles, an annual revenue of $44,000,000, and an expenditure somewhat in excess of this revenue. Mail facilities are enjoyed by the people in even remote places. It has always been the policy of the government to favor this method of intercommunication not more for purposes of business than to foster exchange of thought and a’ truly educa- tional spirit. It has never been a part of this policy to make money out of the system. The cost has therefore, as a rule, been in excess of the profit, measured in strict dollars and cents. As the profit approximated the cost, there has been a reduction of rates of postage. Many are yet alive who remember the old letter rate of six cents and over, and very many who remember the five-cent rate. Then came the uniform rate of three cents for every two ounces, and in 188 3 the two-cent rate. It is very probable that a one-cent rate will prevail before the end of the century, for the system proves that cheapness of rate is more than met by increased amount of matter mailed, especially in populous communities. I ' A great stride was made in our postal system by act of May 8, 1794. But in 1829 the grand step was taken which made it a separate system. Then the Post-Office Department was de- tached from the Treasury Department, and the Postmaster-Gen- eral made responsible for its management. He became a mem- ber of the Cabinet, and a direct adviser with the President. DUTIES OF POSTMASTER—The general duties of the Postmaster-General are to conduct the multiform and intricate accounts of 'the postal. service; originate and distribute books, blanks and forms; establish and discontinue post-offices; appoint postmasters; negotiate postal treaties with foreign countries; report to Congress annually the condition of his office; execute all laws relating to the postal service. He has more appoint- ments than any other Department oflicial, and his responsibility 254 POLITICAL HISTORY OF never ‘ceases till it reaches down into the very bosom of the masses. POS T -OFF[ DES—The machinery of the Department is largely outside of it, and it works in every city, hamlet and far corner of the land. The postal routes are established by law. They are not always wisely laid down at first, but time and the drift of settlement generally cure all defects. The Department, following the routes, establishes post-offices, appoints postmasters and places the people in Contact with the service. All this is fully in the hands of the Department. Postmasters receiving over $1,000 salary must have their’ nominations confirmed by the Senate, and as a rule they are appointed by the President. All minor appointments are made by the Postmaster-General directly. Postmasters are graded, and paid accordingly. OTHER FEA T URES.——The postal system has been very growthy, and prolific of many new features, all tending to make it more convenient and safe. The sending of money in small sums by mail was a constant invitationto robbery and led to many losses. The attempt to secure greater safety by means of a registry of letters did not amount to much. Then the money order feature was introduced, by which money can be sent with entire safety. Sums up to $50 can thus be sent from one Money Order Office, payable at another. There are now 6,500 of these officcs, and the amount transmitted through them annually aggregates several millions. They are the poor man’s bank, through which he can send drafts to any part of this country and to many foreign countries. The propriety of a postal-sav- ing bank has often been mooted. But we are not yet quite far enough on for such an advantageous feature. The Postal Note feature was authorized in 1883. A deposit' of less than $5 at any Money Order Office will entitle one to a note for the amount of his deposit less a‘ fee of three cents, which he can use as money for 90 days, and which will be re- deemed at any Money Order Office on demand. It is a handy note for transmission by letter. The Letter Carrier feature is a modern one. It exists, or may exist, in any city with a population of 20,000, or in which the THE UNITED STATES. 2.55 post-office yields $20,000 a year. In such cities carriers gather and deliver the mail matter, to‘the great convenience of business men. The Railway Service is also a new feature. By law all navi- gable waters of the United States, all canals and railroads, are established postal routes, and the mails were carried thereon in the ordinary pouches, the distribution being made at some central office. The Railway Service introduced on the Rail routes a Postal car or cars, officered by mail agents whose duty it is to collect and distribute all the mail matter 'on that route. It is a post-office on wheels, and a very complete and popular institution. . POSTMASTERS-GENERAL. Name. Appointed. Name. Appointed. Samuel Osgood, Mass. . . .Sept. 26, 1789 Joseph Holt, Ky. . . . .Mar. 14, 1859 Timothy Pickering, Pa... .Aug. 12, 1791 Horatio King, Me... . . . . .Feb. 12, 1861 Joseph Haber-sham, Ga... .Feb. 25, 1795 Montgomery Blair, Md... Mar. 5, 1861 Gideon Granger, Conn... .Nov. 28, 1801 William Dennison, Ohio. .Sept. 24, 1864 Return Meigs, Jr., Ohio.Mar. 17, 1814 Alex. W. Randall, Wis... .July 25, 1866 John McLean, Ohio . . . . . .June 26, 1823 John A. J. Cresswell, Md..Mar. 5, 1869 William T. Barry, Ky . . .Mar. 9, 1829 Marshall Jewell, Conn.... .Aug. 24, 1874 Amos Kendall, Ky. . . . . . . May I, 1835 James N. Tyner, Ind... . . .July 12, 1876 John M. Niles, Conn... . . .May 25, 1840 David McK. Key, Tenn. .Mar. 12, 1877 Francis Granger, N. Y.... .Mar. 6, 1841 Horace Maynard, Tenn.. .June 2, 1880 Charles A. \Vickliffe, Ky..Sept. 13, 1841 Thomas L. James, N. Y. .Mar. 5, 1881 Cave Johnson, Tenn.... . . .Mar. 6, 1845 Timothy O. Howe, Wis.. .Dec. 20, 1881 Jacob Collamer, Ver . . . . ..Mar. 8, 1849 Walter Q. Gresham, Ind. April 3, 1883 Nathan K. Hall, N. .July 23, 1850 Frank Hatton,Ohio . . . . ..Oct. 14, 1884 Samuel D. Hubbard, Conn.Aug. 31, 1852 Wm. F. Vilas, Wis . . . . . ..Mar. 6, 1885 James Campbell, Pa . . . . . .Mar. 5, 1853 D. M. Dickinson, Mich.....Dec. 5, 1887 Aaron V. Brown, Tenn.. .Mar. 6, 1857 DEPARTMENT OF JUSTICE. The presiding officer of this Department is the Attorney-Gen- eral, who is appointed by the President, and is a member of the Cabinet.~ His salary is $8,000. The act of 1789 authorizing an Attorney-General empowered him to “ conduct all suits for the United States in the Supreme Court, give his advice and opinion on questions of law when re- quested by the President or heads of Departments.” By act of 1861 he has charge of Attorneys and Marshals in all the Judicial Districts in the United States and Territories. He is not only legal adviser of the President and heads of De— partmentshbut must examine all titles to lands for public build- 256 ' POLITICAL HISTORY OF ings, forts, navy yards, etc. ; report to Congress the condition of his office; distribute U. S. statutes to the lower courts; designate the places of confinement for criminals under U. S. laws. He is a useful and invaluable official in the executive branch of the government, and ought to be well informed in both the law and practice of the U. S. Courts. The position is highly honorable and has been held by some of the brightest legal minds of the country. ' ATTORNEYS-GENERAL. Name. Appointed. Name. Appointed. Edmund Randolph, Va.. .Sept. 26, 1789 Nathan Clifford, Me . . . . . .Oct. 17, 1846 William Bradford, Pa. . ..Jan. 27, 1794 Isaac Toucey, Conn . . . . . .June 21, 1848 Charles Lee, Va . . . . . . . . .Dec. 10, 1795 Reverdy Johnson, Md. . . .Mar. 8, 1849 Theophilus Parsons, Mass..Feb. 20, 1801 Jno. J. Crittenden, Ky. . . .July 22, 1850 Levi Lincoln, Mass. . . .Mar. 5, 1801 Caleb Cushing, Mass. . . . .Mar. 7, 18 5 3 Robert Smith, Md... . . . . .Mar. 3, 1805 Jeremiah S. Black, Pa. . . .Mar. 6, 18 57 John Breckinridge, Ky... .Aug. 7, 1805 Edwin M. Stanton, Pa.. . .Dec. 20, 1860 ‘Caesar A. Rodney, Pa. . . .Jan. 28, 1807 Edward Bates, Mo . . . . ..Mar. 5, 1861 William Pinkney, Md. . . .Dec. 11, 1811 T. CoffeeIad. £12.), Pa...June 22, 1863 Richard Rush, Pa . . . . . . ..Feb. 10, 1814 James Speed, Ky . . . . . . . .Dec. 2, 1864 William Wirt, Va . . . . . . . .Nov. 13, 1817 Henry Stanbery, O . . . . . ..Jan. 23, 1866 John M. Berrien, Ga... . . .Mar. 9, 1829 William M. Evarts, N. Y..July 15, 1868 Roger B. Taney, Md.. . . .July 20, 1831 E. Rockwood Hoar, Mass.Mar. 5, 1869 Benj. F. Butler, N. Y.. . . .Nov. 15, 1833 Amos T. Akerman, Ga.. ..June 23, 1870 Felix Grundy, Tenn . . . . . .July 5, 1838 Geo. H. Williams, Oregon.Dec. 14, 1871 Henry D. Gilpin, Pa.. . . ..Jan. 11, 1840 Edwards Pierrepont, N. Y.Apri126, 1875 John J. Crittenden, Ky.. ..Mar. 5, 1841 Alphonso Taft, Ohio.. . . ..May 22, 1876 - Hugh S. Legaré, S. C. . . .Sept. 13, 1841 Charles Devens, Mass. . . . Mar. 12, 1877 John Nelson, Md . . . . . . . .July 1, 1843 Wayne McVeagh, Pa.. . . .Mar. 5, 1881 John Y. Mason, Va. . . .Mar. 6, 1845 Benj. H. Brewster, Pa.. . . .Dec. 19, I881 Augustus H. Garlandl, Ark., Mar. 6, 1885. DEPARTMENT OF AGRICULTURE. The officer in charge is the Commissioner of Agriculture- The Agricultural Bureau was created in 1862, and only lately erected into a separate Department. Its chief is not a Cabinet officer. The Department is designed to be the centre toward which shall be attracted information respecting agriculture and whence it shall flow to all the people. It is further a Depart- ment of experiments with agricultural products and industries and a source of supply for new and rare seeds and plants. The Commissioner is expected to correspond with scientists in all countries, collect statistics bearing on agricultural subjects, pub- lish such works as will best spread the information‘ he gathers, investigate diseases of domestic animals, inquire into the nature THE UNITED STATES. 257 and prevention of injury to crops by insects, worms, birds and all enemies of plants and grains. Much is hoped of this youth- ful Department. The propagating garden and museum attached to it are already interesting. JUDICIAL DEPARTMENT. USES OF THE ~?’UDICIARl/.——The third co-ordinate de- partment of the national government is the Judicial Department, or The Judiciary. The existence of such a Department, or branch of the government, with functions independent of and separate from the legislative and executive branches, yet co- ordinate with them, is indispensable to the safety of a free gov- ernment. Wherever there is no judiciary to interpret, pronounce and execute laws, two things must happen. Ist. Either the government will perish through sheer weakness and confusion, or, 2d, the judicial power will be absorbed by the other two 1 branches to the utter extinction of civil and political liberty. Montesquieu has wisely said: “There is no liberty if the judi- ciary be not separated from the legislative and executive power.” And Judge Story says : “ In the national government the judicial power is equally as important as in the States. The wantof it , was a vital defect in the Confederation. Without it the laws of the Union would be perpetually in danger of being controverted by the laws of the States. The national government would be reduced to a servile dependence on the latter for the due execu- tion of its powers, and we should have reacted over again the same solemn mockery which began in the neglect and ended in the ruin of the Confederation. Power without adequate means to enforce it is like a body in a suspended state of animation. For all practical purposes it is as if its faculties were extinguished. A single State might under such circumstances, at its mere pleasure, suspend the whole operations of the Union.” The two grand uses of the Judiciary are (I) to execute the powers of the government. In this it co-operates directly with the Executive branch, while it acts independently of it. (2) Ii: secures uniform and certain operation of those powers and of the laws made under them. In this it co-operates with the Legis- 17 258 ’ POLITICAL HISTORY. lative branch, helping it here and checking it there, making its ‘edicts certain in results, and assuring the people against the oppression of unconstitutional enactments. SUPREME COURT.—-“ The judicial power of the United States shall be vested in one Supreme Court and in such inferior courts as the Congress may from time to time ordain and estab- lish. The judges of both the Supreme and inferior courts shall hold their offices during good behavior, and shall at stated times receive for their services a compensation which shall not be diminished during their continuance in Office.”——Art. IIL, Con. ' Thus the establishment of a Supreme Court is imperative. The establishment of inferior courts is left to the discretion of Congress. Congress has acted promptly in both instances. Among its first acts was one looking to the formation of the Supreme Court, and subsequent acts passed in obedience to the demands of legal business have contributed to the formation of our present imposing judicial system. The Supreme Court of the United States is the highest tribu- nal, or court of last resort, in. the nation. Its decisions settle finally the law of the land. It has both original and appellate jurisdiction. Its original jurisdiction extends to civil causes in which a State is a party, which involve public ministers and ‘jmatters affecting the marine. Its appellate jurisdiction is general; that is, it must hear all appeals from the Circuit and District Courts. ‘ 'It consists of a Chief justice and eight Associate justices. The former receives $10,500, and the latter receive ‘$10,000 a year. They are appointed by the President, by and with the advice and consent of the Senate. Their appointment is for life or good behavior, though by a recent enactment they may re- tire at seventy years of age and still draw their pay, provided they have held their Commissions for ten years.* They are thus removed as far as possible from party influences. 8 The number of judges of the Supreme Court has not always _, * Under this act three justices have already withdrawn, viz., Noah H. Swayne, Ohio; William Strong, Pa.; and Ward Hunt, N. Y., their salary of $10,000 being continued. ' STICE ROGER B. TANEY. I I .l A n .lu". ..ll! I l\ //:..-W a: a CHIEF JU- .. so“ \ KL. \\ \ CHIEF JUSTICE JOHN MARSHALL. ‘ 259, 260 POLITICAL HISTORY. remained the same. At its first session in 1790 it consisted of a Chief Justice and five Associates. The Associates were increased to six in 1807, to eight in 1837, to nine in 1863. In 1865 they were decreased to eight, and in 1867 to seven, but were increased to eight in 1870.’ The‘ Supreme Court must hold one regular term a year, Com- mencing on the second Monday in October, and such special terms as is necessary. Its regular sessions are always at the Capitol. CHIEF JUSTICES OF UNITED STATES, SUPREME COURT. Term of service. _ Term of service, John Jay, N. Y . . . . . . . . . . . . . 1789-95 Roger B. Taney, Md . . . . . . . . 1836-64 John Rutledge, S. C . . . . . . . . 1795-95 Salmon P. Chase, O . . . . . . . ..1864-73 Oliver Ellsworth, Conn.. . . ...1796—1800 Morrison R. Waite, O . . . . . . .1873-88 John Marshall, Va . . . . . . . . . . 1801-35 Melville W. Fuller, [ll . . . . . . 1888-. . ASSOCIATE JUSTICES OF UNITED STATES SUPREME COURT. Term of service. Term of service. John Rutledge, S. C . . . . . . . . . 1789-91 John Catron, Tenn . . . . . . . . .1837-65 William Cushing, Mass . . . . . . 1789-1810 John McKinley, Ala . . . . . . . . 1837-52 James Wilson, Pa . . . . . . . . . . .1789-98 Peter V. Daniel, Va . . . . . . . . .1841-60 John Blair, Va . . . . . . . . ,. . . . 1789-96 Samuel Nelson, N. Y . . . . . . . 1845-72 Robert H. Harrison, Md.. . . . 1789-90 Levi Woodbury, N. H . . . . . 1845-51 James Iredell, N. C . . . . . . . . . 1790-99 Robert C. Grier, Pa . . . . . . . . .1846-69 Thomas Johnson, Md.. . . . 1791-93 Benjamin R. Curtis, Mass. . . . 1851-57 William Patterson, N. . . . . .1793-1806 John A. Campbell, Ala . . . . . . 1853-61 Samuel Chase, Md.. . . . . ..1796-181 1 Nathan Clifford, Me . . . . . . . . . 1858-81 Bushrod Washington, Va. . . . 1798-1829 Noah H. Swayne, O . . . . . . . . 1861-81 Alfred Moore, N. C . . . . . . . ..1799—1804 Samuel F. Miller, Iowa.. . I862-. . William Johnson, S. C . . . . . . 1804-34 David Davis, Ill.. . . . . .1862—77 Brockholst Livingston, N. Y. . 1806-23 Stephen J. Field, Cal.. .. . . . . 1863-. . Thomas Todd, Ky . . . . . . . . . . 1807-26 William M. Strong, Pa . . . . . . 1870-80 Joseph Story, .VIass. . . . . ..1811-45 Joseph P. Bradley, N. J.. .1870-. . Gabriel Duval, Md . . . . . . . . . . 181 1-36 \Vard Hunt, NQY . . . . . . . . . . . 1872-82 Smith Thompson, N. Y.. . .1823-43 John M. Harlan, Ky . . . . . . . 1877-. . Robert Trimble, Ky . . . . . . . . . 1826-28 William B. Woods, Ga . . . . . . 1880-87 John McLean, O . . . . . . . . . . . 1829-61 Stanley Matthews, O . . . . . . . .1881-. . Henry Baldwin, Pa . . . . . . . . . 1830-46 Horace Gray, Mass. . . . . .1881-. . James M. Wayne, Ga. . . . . 1835-67- Samuel Blatchford, N. Y. . . .1882-. . Philip P. Barbour, Va . . . . . . . 1836-41 Lucius Q. C. Lamar, Miss. ...1888-. . CIRCUIT COURTS—An important part of the U. S. Judi- ciary, and second to the Supreme Court, are the Circuit Courts. There are nine of these Courts now, or rather nine Judicial Cir-- cuits or Districts,* say one for each Judge of the Supreme Court. * Care must be taken not to confound the Circuit with the District. There are nine Circuit Districts, each composed of a number of minor Districts, no one of which can be smaller than a State. / / CHIEF JUSTICE SALMON I’. CHIEF JUSTICE M. R. WAITE. Clll JUSTlCE M. W. FULLER. 261 262 POLITICAL HISTORY OF In order to facilitate the work of the Supreme Court, the entire country is thus divided into these nine judicial Circuits or Dis- tricts, and a-judge of the Supreme Court is assigned to each District, which he is expected to visit at least once in two years. He is thus said to make his circuit; whence the name, Circuit Court. The Chief justice of the Supreme Court takes his cir- cuit with the rest. The Circuit for the respective judges is determined by allotment. Though this Supreme Court judge is really the presiding officer in each Circuit Court, it is easy to see that such Court must be closed a great part of the time if its operation depended on his presence. The Supreme Court judges are busy most of the year with their session at the Cap- ital. Even when on a circuit made up of several States, they must with difficulty hold a court in each State, which they are required to do. There is, therefore, appointed for each of the Circuits a permanent Circuit judge, who holds the Sessions of the Circuit Courts, and who is visited by the allotted Supreme Court judge, and assisted by him when he appears. Each of these Circuit judges receives a salary of $6,000 a year. They are appointed by the President by and with the advice and con- sent of the Senate. 4 These Circuit Courts being minor courts are not courts of final resort. They are, however, appellate Courts for many pur- poses, appeals being taken to them from the District Courts, as we shall see. They have original jurisdiction of a class of causes denied to the District Courts, but for the most part have con- current jurisdiction with the latter. The Circuits are numbered from one to nine, and are sometimes familiarly spoken of as justice So-and-So’s Circuit, after the name of the justice allotted to it. ' The First judicial Circuit embraces the districts of Maine, New Hampshire, Massachusetts, and Rhode Island. The Second judicial Circuit embraces the districts of Ver- mont, Connecticut, and NewYork. I The Third judicial Circuit embraces the districts of New jersey, Pennsylvania, and Delaware. I ' The Fourth judicial Circuit embraces'the districts of Mary- land, West'Virginia, Virginia, North and South Carolina. THE UNITED STATES. 263 The Fifth Judicial Circuit embraces the districts of Georgia, ' Florida, Alabama, Mississippi, Louisiana, and Texas. The Sixth Judicial Circuit embraces the districts of Ohio, Michigan, Kentucky, and Tennessee. The Seventh Judicial Circuit embraces the districts of Indiana, Illinois, and Wisconsin. The Eighth Judicial Circuit embraces the districts of Min- nesota, Iowa, Missouri, Kansas, Arkansas, Colorado, and Ne- braska. The Ninth Judicial Circuit embraces the districts of California, Oregon, and Nevada. Appeals from the Circuit Courts are direct to the Supreme Court. An act of March 3, 1875, gave the Circuit Courts con- current jurisdiction with State Courts in a large number of cases arising under the Constitution and treaties of the United States, and likewise concurrent jurisdiction with the District Courts. DISTRICT C0 URTS—In order to further facilitate judicial work and give greater convenience to the people, the National Judiciary is again divided into a lower grade of Courts, called District Courts. Perhaps it would be better to say the country is divided into a number of judicial districts, in each of which is a District Court presided over by a District Judge. Twenty-two. of the States are each a Judicial District. The others are divided into two and three Judicial Districts, according to population and the amount of business transacted. The salaries of the District Judges range from $5,000 to $3,500. They are a more popular court than the Circuit Court, because closer to the people, and as we have seen, their jurisdiction is nearly the same; the same, in fact, where there is no Circuit Court; and indeed, a District Judge, or two of them sitting together, may hold a Circuit Court. There are now fifty-nine Judicial Districts (there must be at least one in each State), and the same number of District Courts and Judges, District Attorneys, District Clerks and Marshals. All of these officers are appointed by the President and Senate, except the clerks, who are chosen by the courts. The District Attorneys prosecute all delinquents for crimes under United States laws, and all civil causes in which the government is con- 264 POLITICAL HISTORY. - cerned. Thev U. S. Marshal has a function analogous to that of the County Sheriff. " COURT OF CLAIMS—This Court was created as late as 18 55, and given enlarged power and increased force in 1863. It may be properly classed as a part of the Judicial System of the United States, for appeals are had from it to the Supreme Court, where the amount involved exceeds $3,000. It was created as a relief to both Congress and the Courts, and has jurisdiction of a class of cases founded on laws of Congress, contracts with the United States, or on claims against the government, where the amount rather than the fact is in dispute, and where final relief is to be had through an appropriation by the Congress. It has proved a convenient court, because it works more expeditiously than a Congressional investigation, and lifts a great number of cases above partisan level. It tries cases for and against the United States, and in general all matters referred to it by Con- gress. Its decisions when favorable to the claimant are reported to Congress, and the necessary appropriation follows. Its powers and rules of procedure are now akin to those of other courts, but proceedings therein are begun by petition, as if the applica- tion were made direct to Congress. Its officers are a Chief Justice and‘four Judges, whose salaries are $4,500 each. SUPREME COURT, D. C.——This important court is a nec- essary part of the Judiciary of the United States, the District of Columbia being under a government provided by Congress. It is composed of a Chief Justice and four associates, the former at a salary of $4,500, the latter at $4,000 each. It possesses the same jurisdiction as a Circuit Court. Any one of its Justices may hold a special term, and when doing so his court ranks as a District Court of the United States. It is also a Criminal - Court for the trial of offences in the District. DISTRICT A T T ORNE YS-—The Attorney-General. of the United States, appointed by the President, and ranking as a Member of the Cabinet, is, in common speech, the District At- torney for the Supreme Court. He is the prosecuting officer of that court. So the District Attorneys, appointed in the same way as the Attorney-General, but in and for their respective dis- \ . t .\ \\ .. r a \ SHAWNEE . . \ \- _ . RisesAmmo.. \ .. \\\\.\ \ \\ .\ v. . . Paul. \w \. \. \\\\ . issss .. \\ \ \a. \..\ \ \ \\~ . . . w . . ...u. c 1 ‘Pa. .. _ \. ~‘ ‘\ .. ..\ ... ...r .. s I. 1 71, . . .\ I § . S E \ \\\ . ....\......\w vex. \ \i . \ ............\H.\...\.\ \ . \\\\\..Mm®. \ H / . . . . t \.\.M\ é . . \\\\\\\\\. s s. \\ .\\\\\\\.\\..\..\ . \\\\\ JUDGE JOSEPH STORY IN JUDICIAL ROBE. 265 266 POLITICAL HISTORY OF tricts, are. the prosecuting attorneys of the District Courts. As a general thing there is a District Attorney for each District Court, though in one or two States which contain two or more Districts there is only one District Attorney. He is the attorney for the United States, just as the District Attorney in any county of a State is the attorney for the Commonwealth. His duty is to prosecute in his District all crimes cognizable under the laws of the United States, and all civil actions in which the govern- ment is concerned. ' U. S. MARSHALS.—-As. already indicated these officers are attached to every District Court, and their function is similar to an ordinary County Sheriff. They serve the processes of the court, and execute its judgments and decrees. They are equally the officers of the Circuit Courts. 7UR]ES.-—_The machinery of the Judiciary would be very imperfect without mention of the two kinds of juries in use. They are required by the Constitution, see Art. V. of the amendments. The Grand jury is organized, like that in the judicial districts of the States, and has the same powers and duties. It is that part of the judicial system which first ‘inquires into a charge of crime brought against a citizen, and no indictment for such crime can be presented to the court unless a majority of said jury certify that there are good reasons for be- lieving that the charge is well founded. It is the body of citizens which stands between a criminal and all petty, spiteful and illy- founded charges, and protects him from the annoyance and ex- pense of trials without probable cause. When the Grand jury is called by a Circuit Court it must inquire into all the crimes against the laws of the United States in that Circuit ; when called by a District Court, its inquiries extend only to the District. The Petit (small) jury has the same uses and powers as in the County Courts. It is called by a judge of the District or Circuit Court, on subpoena, is composed of a panel of forty-eight men, from which the usual twelve are selected for the trial of a cause. A Grand jury acts only in criminal cases; both civil and criminal, cases are tried before a Petit jury. The finding of a Grand jury is called a presentment or indz'cz‘meni—a presentment when it THE UNITED STATES. 267 acts from knowledge within itself, an indictment when it acts on knowledge derived from the District Attorney, or other person. The‘ finding of a Petit Jury is called a verdict. The Grand Jury deliberates alone, the Petit Jury hears the evidence as presented in court, the pleas of the attorneys and the charge of the judges before it retires to deliberate. These remarks apply to Grand and Petit Juries in United States as well as State Courts. ADMIRALTY C0 UK T S—In remote times, when judicial systems were narrow, there arose a set of courts separate from those of common law, called Admiralty and Maritime Courts. They have separate existence yet in many countries, but here’ Admiralty and Maritime causes are heard in the District Courts of the United States, which are thus said to have Admiralty and Maritime jurisdiction. There would be little use in keeping up this distinction but for the fact that the laws of Admiralty, which are laws respecting ships of war and warlike operations at sea, and Maritime laws, which are those respecting vessels engaged in commerce, are different from those relating to land affairs, and are a code in themselves, thus requiring, if not a separate set of courts and udges, at least a class of attorneys specially learned in Admiralty and Maritime matters. Cases within Admiralty and Maritime jurisdiction are not necessarily limited to those arising on the sea, but embrace those arising on the lakes and navigable rivers of the country. -GOVERNMENT OF THE TERRITORIES. Congress provides a government for the Territories. Its form has become stereotyped, and it is in general a miniature of that enjoyed by the States. It recognizes the usual division of power into'three branches, Executive, Legislative and Judicial. The Executive power is in a Governor, appointed by the President by and with the advice and consent of the Senate, for four ‘years. His powers are akin to those of the State Govern- ors. _He must reside in his Territory, is commander of the militia, may grant pardons and reprieves, commission officers, and in general must execute the laws. He has a Secretary, appointed for four years, who may act as Governor in case of a‘ 268 POLITICAL HISTORY. vacancy. The salary of a Governor is $2,600 and of a Secretary $1,800. ' The Legislative power is vested in a Legislative Assembly, Composed of a Council and House of Representatives. The former is limited to twelve members and the latter to twenty-four. They are elected by the qualified voters of the Territory for two years. Sessions of the Assemblies are biennial, and limited to sixty days. Laws passed by both Houses and signed by the Governor are sent to Congress and if approved are operative, if not, null and void.* The Legislative power of a Territory is _necessarily limited to subjects permitted by Congress. Every Territory has the right to send a Delegate to the House of Rep- resentatives of the United States, with power to speak but not to vote. The Judicial power of a Territory is in a Supreme Court, District Courts, Probate Courts and Justices of the Peace. Pro- bates and Justices of the Peace are provided for by the Territory itself. The Supreme Court is composed of three judges (Dakota has four) appointed by the President and Senate. They hold one term annually. Then each Territory is divided into three Judicial districts, one for each Judge of the Supreme Court. The judge assigned to a district must hold court therein as Often as the laws prescribe, and he must reside in his‘ district after assignment. There is a United States Marshal and a District Attorney in each Territory, and each court is entitled to a clerk and minor officers. The salary of Territorial judges is $3,000- ‘All of the above is true of the Territories proper, but not of the Indian Country nor the District of Columbia. The government of the Indian Country is hardly describable. _ It is of course a dependency of the United States, but the design is that it shall be as independent as possible. The tribes have been assigned land, and left to regulate their internal affairs according to their own laws and customs, of course with the hope that as they grow civilized they will become full-fledged * Dakota, Idaho, Montana and Wyoming need not send their laws to Congress for approval. m M“ .:_ _ _ _._5_='S____:‘ _ .___.=________ .3 a :__m Mm‘— MM ll 5; mi It,I '! lf iiz'i I“ l‘ i I’ I . lllllll ‘ll "lmllill It “@r’ ~Trill l1 I _ w‘. I I‘ i N -"" .. e " A"? ‘ . - p, ,h _: , ._ ' h . I. ‘f I l- _ :TI T w ‘ ‘l _; Q1,- , 7. ~' , '--_ n P‘ ‘ I ‘f'. ,/ I f‘ \, ___ . '2 _,-','-"/ -- ._= ‘ .dgégc‘zf; ‘ ==_-- .; ‘ ’ _ . ..___ THE WASHINGTON MONUMENT. 270 ' - ' _PO-LITICAL HISTORY. citizens, with institutions which will readily take the laws and ' customs of the nation. Crimes against the Indians by whites, and against whites by the Indians of this Territory, are taken cognizance of by the United States Courts inv some of the adjoining districts. The government would protect the Indian Country against invasion, and the inhabitants thereof against such tumult as they could not control, but the theory connected ‘with this magnificent reservation is that the inhabitants shall be ,let alone to work out their social, political, industrial and moral problems in their own way, or with such help as they choose to invite. The District of Columbia is governed by a Commission of three persons appointed by the President and Senate, one of _“whom must be an officer of the Engineer Corps, above the rank of Captain. ‘He receives no additional pay. The other two, ‘appointed for three years, from civil life, receive each $5,000 a year. They have no powers except those conferred by Congress, ‘and they are simply the Agents of Congress to suggest laws and execute those which are enacted. ' They control streets, bridges,‘ aqueducts, sewers,‘ appoint the trustees of public schools, regulate the maintenance of prisons, hospitals and re- formatory institutions, ‘and do all that usually belongs to a corps of municipal regulators. They estimate for all municipal ex- penditures, and if their estimates are approved by the Secretary of the Treasury and by Congress, the Congress appropriates one half of the amount and leaves the Commissioners to provide the balance by taxation of the property in the district. As we have passed along in our history of government machinery we have struck other offices connected ,with the District of Columbia, appointed by the President, giving to it a diversified but very complete government. ' ' A PRACTICAL VIEW OF NATIONAL POLITICS; ALL THE PRESIDENTS AND ADMINISTRATIONS; THE . CONGRESSES AND PARTY MEASURES 5 RISE AND'FALL OF POLITICAL PARTIES; NATIONAL ELECTIONS AND PARTY PLATFORMS. ARTIES IN GENERAL—Party names do not always afford an index to party principles or professions. In this respect they are unfortunate. “Whig” was origi- nally a term of reproach, and “ Democrat” and “Jacobin” were mere epithets previous to 1825. So far as the names give a cue to principles there ought to be no difference between the existing “ Republican ” and “ Democratic ” parties. In such names as “ Federal,” “Anti-Federal,” “ Native- American,” etc., one is provided with a key to the principles pro- fessed. Under our institutions issues are so transitory that parties are short-lived. Or if they retain their names a great while, they frequently cross their principles and change their professions. They are also often the victims of a seemingly inevitable drift, by which they get very far away from the intent of their founders, and so lose sight of original principles as to leave nothing but the party name as a rallying cry. Some of our best and purest parties, in the beginning, have moved illogically along in wider and - wider departure from their first intent, until they either ruined themselves or brought trouble to the country. In such instances party is lost in partyism, and blind adherence to a ban- ner is mistaken for intelligent devotion to principle. USES OF PART [ES—As embodiments of ignorance, preju- dice, passion, as a means of holding unthinking crowds, and wielding arbitrary, brutal power, parties are dangerous, even in a Republic. But as schools of thought, as orders representing 271 272 POLITICAL HISTORY OF some vital principle, as a means of giving emphatic expression to some popular and useful wish, they are proper and necessary. Candid study of our institutions must impress one with the fact that in general the existence of political parties has been timely, and their effect wholesome. Each has answered a purpose, which, even if not presently needful or apparently good, has nevertheless served as a check on its opponents or as a stimulus to higher notions of activity. However much party principles may ~ have ebbed and flowed, however far toward fanaticism, sectionalism and intrigue, certain minds, and orders of mind, may have drifted, it cannot. be said that the spirit of liberty has suffered, or that respect for our institutions has been undermined, but that, on the contrary, the former is keener and the latter broader and deeper. Yet it is always well to remember Wash- ington’s words, “ that from the natural tendency of governments of a popular character, it is certain there will always be enough of party spirit for salutary purposes. And there being constant ,danger of excess, the effort ought to be, by force of public opinion, to mitigate and assuage it. A fire not to be quenched, it demands a uniform vigilance to prevent its bursting into flame, lest, instead of warming, it should consume.” PRIMI T I VE PAR T IES.-—The Colonial period developed no parties as we now know them. The Colonies were disjointed governments, therefore there could be no national party. But there was always a sentiment against the right claimed by Par- liament to legislate for them. This sentiment grew warmer after the English revolution of 1688, which greatly strengthened the hands of Parliament and emboldened its assumptions. But it did not really crys‘talize in the Colonies till after the treaty of 1763, by which Great Britain secured Canada and the Mississippi valley from France. Then it became a British policy to make the Colonies pay a part of the expenses of the war.* This policy brought that long list of burdens, such‘ as customs dues, export taxes, excises, Tea Acts, Stamp Acts, etc., against which the *An excessive part of the expenses, for the English idea was that they should pay all they could be compelled to, inasmuch as the territory secured enured to their benefit. THE UNITED STATES. 273 Colonies unitedly remonstrated, not more because they were burdens, than because submission to them involved a surrender of the point that Parliament had no right to tax America with- out her consent. The respective Tory ministries in England ‘ favored Parliament. The Whigs (when out) favored the Colon- ists, or, at least, non-interference. Colonial thought, shaped on these lines, took these party expressions. As the Colonial Whigs grew warm in their opposition to Parliament, and the idea of union and independence advanced, “ Whig” and “Tory” became as familiar in America as in England, and the sentiment repre- sented by each as bitter. The Whig, who was at first only an opponent of Parliamentary claims, got to be a Colonial unionist, without separation from the mother country, then a unionist, with separation. The Tory remained the fast friend of English sovereignty on our soil, in whatever shape the powers at home chose to present it. - PARTIES OF THE RE VOLUT ION.—F rom the above at- titude of parties one can readily see that after the fact of Inde- pendence (1776) the Tory party was without a mission. If a party at all, its sentiment was silenced amid arms. The Whig idea was uppermost and overwhelming. It meant vastly more than in the beginning. The Whigs were the revolutionary, armed party. They were the government, such as it was—the Congress first, and then the Confederation. The Tories were enemies, traitors if you please. Indeed, the term Whig began to mean so much that other words, comprehending more, came into use, as “ Popular Party," “ Party of Independence,” “ Amer- ican Party,” “Liberty Party,” “Patriots,” and so on. This was the party situation from 1774 to 1778, in the Continental Con- gress and in the Colonial Legislatures. PARTIES OF THE C ONFEDERA T I ON.—-The event of the Confederation was forced by the Whigs. Their party name‘ followed. The Articles of Confederation were a decisive advance of the federal idea, but as a government they were infinitely weaker than the arbitrary, revolutionary Congress. We have already seen their sources of weakness, how they fell into dis~ respect at home and abroad, why it became necessary to sub- ' 18 274 POLITICAL HISTORY OF stitute for them “a more perfect union.” The Whig party dominated the Confederation. Less than ever was there a Tory party. Toryism invited confiscation, proscription, banishment. PAR T [ES OF THE C 0N5 T [ T U T [ ON—With the peace _ of 1783, the Tory cause perished outright. Therefore there was no longer any need for the term Whig. The prevalent thought was the national one—how to unite more firmly, and for peace as well as war? This was F ederalism—the permanent one out of the disjointed many idea. The weaknesses of the Confedera- tion forced this thought along like a torrent, ripened it until it became the Constitution of the United States. Strictly speak- ing, there were no more two parties from I 783 to 1787, than from I 774 to I 783. Whigism became Federalism, and Whigs F ederalists, and the thought of “ a more perfect union ” was as paramount as the thought of Independence, Union under a Con- gress or the Articles, and the victory of the Revolution. But it was a time of peace, and Federalism was a widely varying theme. It took all sorts of shapes in conventions, village groups and around the hearthstone. When it brought the convention which framed the Constitution, it was variant there. Debate took very wide range. Antagonisms were pointed and bitter. And debates in the State Conventions over the question of rati~ fication took still wider range. But in all these contentions the central thought was not lost sight of. Federalism, however col- ored or twisted, was still the aim. Starting away up among the few monarchy men of the convention, or of the States, and travelling down through the various orders of thought clear to the very‘ few who repudiated union on any conditions, we find Federalism the regnant idea and crowning hope. All differences were as to form, time, construction, etc., not as to fact or neces- sity. The party of Federalism, that is, the Federal party, became the party of a new and stronger government, of the Constitution, just as the Whig party had been the party of Independence and the Continental Congress. , “ The Republicans are the nation,” said jefferson in the flush of political triumph. The Federals were the nation. Their con- ciliations and compromises in convention secured a Constitution. THE UNITED STATES. 275 Their concessions, surrenders and appeals secured its ratification, speedily here, tardily there, reservedly in many instances, fully in others. We therefore regard the_common division of the parties of this time into Federal and Anti-Federal as not exact and somewhat misleading. There was no national Anti-Federal party,* certainly no national sentiment worthy the name of Anti- Federalism. The opposition to the Constitution which sprang up in the State ratifying conventions was not even unreservedly Anti-Federal. It was a strange, incalculable sentiment, born of fears, and visions, and hypotheses, and constructions, and was as much indulged by men like Patrick Henry and Samuel Adams who had all along been Federalists of the most pronounced type, as‘by those who thought the “ secretly deliberating convention” could only hatch a scheme of monarchy. Nor was it a final sentiment, for many Anti-Federalists voted to ratify. It was not a coherent sentiment, for some opposed because the promised union would not be strong enough, some because it would be too strong, some because the States would suffer, some because a State government was at all times sufficient, and so on. Anti- Federalists were united in nothing save their opposition. When the work of ratification was completed and the government came to be started, Anti-Federalism was not heard of. In the presence of the fact of a Constitution it either agreed to suspend judg- ment while the new experiment was being tried or engaged to help the trial on. *All the members of the Convention signed the Constitution except Edmund Randolph and George Mason, of Virginia, and Elbridge Gerry, of Massachusetts, and they were believers in Federalism, z’. e., the necessity for a stronger union, but they did not think the Constitution was the best means to secure it. On signing, Franklin said: ‘_‘I confess there are several parts of this Constitution I do not at present approve, but I am not sure I shall never approve them.” And Hamilton, on moving that all the members sign the instrument, said : “ No man’s ideas were more remote from the plan than his own were known to be, but is it possible to deliberate between anarchy and convulsion on one side and the chance of good to be expected from the plan on the other? ” In the letter which Washington sent out with the Constitution he says: “ In all our deliberations we have kept steadily in view that which appears the greatest interest of every American—the consolidation of our Union, in which is involved our prosperity, felicity, safety, perhaps national existence.” ' 276 POLITICAL ‘HISTORY OF NEW GOVERNMENT PART IES.——So general was the refusal of' the Anti-Federals to adopt a definite line of action after the Constitution had been ratified by the necessary number of States (nine), and such was their acquiescence in the popular wish to see the new government fairly tried, that all animosities ceased, and all open opposition was hushed, while the nation bowed before the popularity of Washington, and unanimously chose him for its first President. I This signal mark of confidence, and this supreme triumph of Federalism was to end most happily for the country. The passions of the hour would have time to cool. Though Washington was a recognized Federalist, he was not extreme, and all could depend on his judgment to start the machinery on the broadest and safest basis. Extremists and radicals of every type could afford to bide their time. And they did, harmlessly but not inactively. It was a period for new schools of thought, or rather for bringing to bear on the new order of things old thoughts in stronger and better formulated shape. Federalism, which was affirmative, and Federals who were responsible for the new government, naturally inclined to such a construction of the Constitution, where points were doubtful, as would throw the doubts in favor of the central authority. Anti-Federalism, which was negative, and Anti- Federals, even though they were supporters of the administra- tion, naturally inclined to such a Construction, as would throw the doubts in favor of the States. Thus the operative, dominant Federalism of the day took the form of liberal or open con- struction of the Constitution, would interpret it as though it had a spirit as well as a letter, saw in a government under it an entity with powers and functions to be questioned only by the people at large. So the Anti-Federalism of the day took the form of a strict or close construction of the Constitution, would interpret it as though it were a simple, inelastic code, saw in a govern- ment under it nothing more than that aggregate of power and function which the sovereign States had parted with, and which they were at liberty to question, or if need be recall. While these two schools of thought did not immediately branch into organized and opposing parties, they furnished the ground- THE UNITED STATES. 277 work for nearly all subsequent and legitimate national party differences.* A few years of experiment with the new govern- ment brought up many questions which deeply engaged the respective schools and gradually led to the first organized antagonism to the Federal party, which became known as the Democratic-Republican party, or better as the Republican party. But of this in its place. I. WASHINGTON’S FIRST ADMINISTRATION. April 29, I 789—March 3, I 793. GEORGE WASHINGTON, VA., President. JOHN ADAMS, MAss., Vz'ee-Presz'denz. SEAT 0F GOVERNMENT AT NEW YoRK AND PHILADELPHIA. ' Congresses. Sesssz'ons. I, April 6, 1789-September 29,1789, appointed session. FIRST CONGRESS. 2, January 4, 1790—August 12, 1790. 3, December 6, 1790—March 3, 1791. I, October 24, I791-May 8, 1792. \Vashington was nominated by a Caucus of the Continental Congress. The State Legislatures chose electors for President and Vice-President on the first Wednesday of January, 1789.1 These electors voted on the first Wednesday in February. *To the former or liberal school of construction belonged the Federal party, which may be called its founder. To the same school belonged the Whig party, which asserted that internal improvement at the national expense was within the purview of the Constitution, as well as protective duties and a general banking system. And so of the modern Republican party which claims for the central government all power necessary for its preservation and advancement. To the lat- ter, or strict school of construction, belonged the old Republican party and its successor, the Democratic party. But all this is in general, for many times the re- spective parties have occupied common ground or crossed each other’s tracks, only to back away again to their old places when motives of expediency ceased to oper~ ate, and there was no rallying point short of the old differences. 1- The electors were chosen by the State Legislatures up till 1824. Under the Constitution as it stood up till 1804, they voted for two persons, the one having the highest number of votes to be President, the next highest to be Vice-President. But they could not both be from the same State. 278 POLITICAL H ISTORY. .. ELECTORAL VOTE. Basis George of Washing- john States. 30,000. Votes. Party. ton. Adams. New Hampshire. . . 3 5 . 5 5 Massachusetts... . . .. 8 10 +2‘ IO 10 Rhode Island . . . . . . I 3 8, . . Had not yet ratified 7, the Constitution. Connecticut . . . . . . . . 5 7 3'3 7 5 New York.. . . . . . 6 8 I’, . . . . Had not yet passed an L“ electoral law. New jersey . . . . . . 4 6 ,3 '6 1 Pennsylvania . . . . . .. 8 IO ‘5 IO 8 Delaware . . . . . . . . . . I 3 E 3 . . Maryland . . . . . . . . . . 6 8 .g 6 _ . . Two vacancies. Virginia... . . . . . . .10 12 '5; IO “ “ North Carolina. . . .. 5 7 g. . Had not yet ratified g‘ the Constitution. South Carolina. . . . . 5 7 o 7 Georgia,...........3 5 Z 5 Totals . . . . . . . . .65 91 . . 69 34* Though March 4, I 789, had been fixed as the time for start- ing the new government, it was not until April 6 that a quorum of Congress was present. Their first business was to count and publish the Electoral votes as above. The candidates, being duly notified of their election, went to the seat of government. Adams arrived first and took his place as presiding officer of the Senate. Washington was sworn into office by Chancellor Liv- ingstone on April 29, 1789. T HE CABINETT—Washington chose a Cabinet with due regard to the sentiment of the day. As to ability it was unques- tioned. * Of the votes cast for other candidates, and usually recorded as scattering, john jay received 9; R. H. Harrison, 6; john Rutledge, 6; john Hancock, 4; George Clinton, 3; Samuel Huntington, 2; john Milton, 2; Benjamin Lincoln, 1; james Armstrong, 1; Edward Telfair, I. j- The choice of a Cabinet was not an immediate step, for Congress had‘ not yet passed laws organizing the respective Departments. The State Department was organized by act of Sept. 15, 1789, and jefi‘erson’s appointment dates from Sept. 26. The Treasury Department by act of Sept. 2, 1789, and Hamilton’s appoint- ment dates from Sept. 11. The War Department by act of Aug. 7, 1789, and Knox’s appointment dates-from Sept. 12. The Attorney-General by act of Sept, 24, 1789, and Randolph’s appointment dates from Sept. 26. The Navy Depart~ ment was not separately organized till April 30, 1798, nor the Post~Office Depart- ment till 1829. The latter was conducted till that time by the Treasury Depart» ment. in; 279 PRESIDENTS FROM 1789 TO 1817. 280 POLITICAL HISTORY OF Secretary of State . . . . . . . . . .Thomas Jefferson, Va . . . . . . . .Moderate Anti-Federal. Secretary of Treasury. . . . . . .Alexander Hamilton, N. Y.. . .Federal. Secretary of War . . . . . . . . . . .Henry Knox, Mass . . . . . . . . . . “ Attorney-GeneraL- . . . . . . . . .Edmund Randolph, Va . . . . . . .Anti-Federal. Chief Justice Supreme Court.John Jay, N. Y. . . . .. . . . .. . . . .Federal. _ CONGRESS IN EXTRA SESSION—The House organ- ized by electing Frederick A. Muhlenberg, of Pennsylvania, Speaker. This election had no political significance. All were content to allow the work of organization to move on the plane of Federalism; or rather there had been no comparison of ideas, and consequently no effort to organize opposition to Federal supremacy. The session lasted for nearly six months, or till Sept. 29, I 789. The work related to the preparation of machinery and starting the wheels of the new government. The number of measures necessary, and their novelty, invited able and pro- tracted discussions. In range and character they were not un- like those of the period preceding the adoption of the Constitu- tution, and they foreshadowed those permanent differences of interpretation which might readily, and properly too, afford a basis for party existence. I AMENDMEN T S.——So many States had ratified the Constitu- tion with the hope of early amendment, and two, Rhode Island and North Carolina, held so stubbornly off, that the Congress took early steps toward remedying the defects of the instrument. Twelve amendments were agreed upon (Sept. 2 5, 1789) and sub- mitted for ratification. Ten of these became a part of the Con- stitution, Dec. 15, 1791. They referred to freedom of religion, speech, person and property. Though intended to overcome the objections of the States and to make more secure the rights of the citizens, strange to say they invited bitter opposition from the extreme anti-Federal element, which regarded them as de- _ ceptive, and calculated to lure the States and people into false expectations of national unity and strength. COMMERCE AND T ARIFF—Bills for the regulation of Commerce and the adjustment of a Tariff were fully considered and passed. The Tariff act was generally acquiesced in, so far as it provided a means of raising revenue by indirect taxation. But when it was suggested that such an act could also, and THE UNITED STATES. 281 should, be made a means of protection, the strict constructionists decried it as unconstitutional. However, some of the extreme anti-Federals sought to make the measure discriminate against England, by favoring the products of other nations. A Tariff bill was finally passed July 4, 1789, against strong opposition. Though it imposed a very low rate of duty, it was nevertheless. dignified in the preamble as an “ act for the encouragement and protection of manufactures.” Thus as to one of the objects of a Tariff, and in the character of opposition it met with, there were foreshadowed, at the very beginning of our government, the spirited and strictly party controversies over the same subject a generation afterwards, and for that matter, at the present day. The matter of adjusting the public debt was left in the hands of the Secretary of the Treasury for future action. This extra ses~ sion adjourned Sept. 29, 1789. During the vacation, Nov. 21, 1789, North Carolina ratified the Constitution and entered the Union. FIRST CONGRESS—First Regular'Session—Seat of gov- ernment at Philadelphia. Met Jan. 4, 1790. Hamilton’s Report on the adjustment of the public debt furnished the leading sub- ject for deliberation. This great State paper, which involved the national credit at home and abroad, was presented January 9. The plan proposed was (1) for the national government to fund and pay the foreign debt of the Confederacy in full. (2) To likewise fund and pay the domestic debt of the Confederacy, at par. This debt was then floating about in the shape of nearly worthless promises. (3) That the government should assume and pay the unpaid debts of the respective States. To the first proposition there was no opposition. Against the second the extreme anti-Federals rallied, and they were reinforced by such as Madison,and many others, of Federal leaning. Their logic was that this debt was largely held by speculators, who had bought it for a song, and who would realize enormously if it were paid at par. Against this Hamilton urged that the only way to permanently raise the broken national credit was to pay all honest promises in full, and thus teach the first holders of them the folly of parting with a valuable security at a ruinous dis- 282 - POLITICAL HISTORY OF count. This second proposition ‘finally carried. The third proposition was looked upon as a stretch of power on the part of the government. It was an assumption to do what the States only could and should do. The entire anti-Federal sentiment was united against it. Still it was carried by a close vote in the House (31 to 26). It was however reconsidered a short time afterwards, on the arrival of the seven anti-Federal representa- tives from North Carolina, and defeated. But it was finally car- ried by the vote of two anti—Federals, who agreed to favor it, in turn for Federal support of the measure to locate the National Capitol, after it had remained ten years in Philadelphia, on the Potomac. Though this bargain clouded somewhat the brilliancy of Hamilton’s success in getting his propositions through, they resulted in an instant rebound of the national credit, and the establishment of government finance on a substantial working . basis. The Tariff act of the previous session was amended on Aug. 10, 1790, by increasing the previous rates of duty. The other measures of this Congress had no party significance. The body adjourned Aug. 12, 1790, after a session of over seven months. It had witnessed the coming of Rhode Island into the Union, by the ratification of the Constitution, May 29, 1790. FIRST CONGRESS—Second Session—Met Dec. 6, 1790, at Philadelphia. The leading subject was a financial agent for the government in the shape of a National Bank. Over this subject controversy was heated, and party lines came to be more clearly defined. The Federals in general, and all who inclined to a liberal or open construction of the Constitution, claimed that if Congress could pass laws for revenue and taxes, it could make those laws effective'through such an agency as a bank. The anti-Federals, and all strict constructionists, denied the necessity, and therefore the constitutionality, of such an agent. The controversy thus begun has continued under one form and another, almost to the present day. The personalbitternesses and jealousies it then engendered were never healed, but were carried down to the people and soon became the basis of permanent party separation. Even the‘ Cabinet was divided, and it was known that jefferson stood ready, in that august body, to oppose Hamilton in all his financial plans. THE UNITED STATES. 283 The bill to charter a National Bank passed, but so conservative was Washington that he would not sign it till he had secured the written opinions of his Cabinet officers. That of Hamilton, in favor of the constitutionality of the act, had greater weight than those of Jefferson and Randolph, against it, and the bill secured the President’s signature. It chartered a National Bank for twenty years, 2'. e., until 1811, when the Republican party refused to recharter it, only, however, to retrace their steps in 1816, when, under the influence of liberal construction notions, and the seemingly imperative needs of the hour, they instituted another National Bank which met its downfall in 1836* The financial legislation of the session was supplemented by an EX- cise law, which excited much opposition and became very un- popular. The first Congress ‘adjourned sz'ne die, March 3, I 791. Altogether it had been an able body, and had done its work with as little jar and as effectively as was possible for men who had no exact instructions from constituents and no elaborate political chart to steer by. The event of "March 4 was the admis- sion of Vermont as a State. I SECOND CONGRESS—First Session—Met Oct. 24, 1791, at Philadelphia. The country had passed successfully through the excitement of Congressional elections, and the position of the Federals had been maintained, though their membership in the new body was slightly reduced. This, how- ever, did not matter, for there -were still many of the Anti- Federal, or strict construction, turn who supported the adminis- tration. The House organized by the election of Jonathan Trumbull of 4 Connecticut, as Speaker. - THE FIRST REBELLION—Opposition to the excise law’ of the previous Congress, which was fanned by the Anti-Federal element, culminated in the “ Whiskey Rebellion,” among the dis- tillers of Western Pennsylvania. The same element also was now opposing a National Militia Law. But the latter passed, and in * From that time on, all attempts to establish a National Bank failed, till in 1862 the exigencies of civil war resulted in a strictly national currency under the auspices of the Treasury Department, and a system of National Banks whose credit is based - on that of the government. - 284 POLITICAL HISTORY OF time for the President to use it, so as to bring the armed dis- putants of the national authorities to terms. The victory was a moral and bloodless one, achieved through the show of an unsuspected vigor and resource on the part of the govern- ment. THIRD, TARIFF AC T.-—On May 2, 1792, an amended tariff act was passed which raised the ad valorem rates of duty some 2% to 5 per cent. It incurred the Opposition of the Anti- Federals, and called for a repetition of their former arguments. An apportionment bill, the first under the new Constitution, was also passed. It fixed the ratio of representation at 33,000, under the census of 1790, increased the membership of the House to 105, and the electoral vote to 135, there being fifteen States, counting Kentucky, which was admitted June I, 1792. Congress adjourned its first session, May 8, I792. POLITICAL C ONDI T I ON—The country was about to pass through the crisis of a Presidential election, the first under the new Constitution. The government had been started, and maintained thus far under a wholesome division of sentiment which has been popularly, but not exactly, described as Federal and Anti-Federal. It was more exactly that division which is better described as Lz'éeml Interpreters and Strict Inter- prelers of the Constitution; the former as they were antagonized, or as their principles demanded, drifting, perhaps unconsciously, toward larger powers and a fuller exercise thereof on the part of the national government; the latter as they antagonized, or as their principles demanded, drifting, perhaps unconsciously, toward the doctrine which afterwards became known as State Sovereignty or State Rights. For the former, and because they were acting affirmatively, the term Federal must still apply. For the latter there is now no need, except conventionally, of retain~ ing the term Anti—Federal. Indeed the first ten amendments to the Constitution, which were regarded as in the nature of a declarative Bill of Rights, so disarmed all opposition to the in- strument itself as to render the term Anti—Federal a misnomer. Jefferson felt that it was an empty term, and that if the varying, and often discordant, sentiments represented by it were ever to THE UNITED STATES. 285 be crystalized, some new and more comprehensive name must be adopted. The old name was a perpetual reminder of opposi- tion to the fact of government. As there was no longer any such opposition, but only questions as to how it should be managed and with what powers it should be endowed by the creative in- strument, the new name must, in no degree, he a reminder of the old political status, but must, on the contrary, be both an appeal to popular affection and, comprehensive enough to embrace every form of antagonism to the party which was .still to be called Federal. THE REPUBLICAN PAR T Y..—The situation gave birth to the new party name. Feeling was intense on all sides in favor of the French Revolutionists. Jefferson, who was fresh from the scenes, taught that it was the direct outcrop of our own Revolution, and none chose to gainsay it. But as the Republi- cans of France drifted toward wild, ungovernable liberty, and evinced more and more a fierce leveling and communistic spirit, the Federals checked their ardor and grew cold. In that pro- portion the Anti-Federals grew warm. Their admiration took even the fantastic shape of dress and manner imitation. Here were differences mental and visual. To crown them with the term Republican was something, but not quite original. To group all feeling of opposition to the Federals under the term Democratic-Republican would prove original and striking. That, therefore, became the new party name. But the Federals heaped contempt on the Democrats, classed them as Jacobins, and altogether daunted them in the use of their compound title. So the first part was gradually dropped, and the new party passed into active politics as the Republican party; which was all curious enough, seeing that at this very juncture its tendency was rather toward a Democracy than toward a strong central Republic. Nor were the ‘Republicans less abusive of the Federals. These latter were roundly denounced as fellows with a leaning toward monarchy, and full of all aristocratic notions. It is very likely that the sentiment among the masses was an exaggeration of that existing in the councils of the nation, though even there the President spoke grievously of the antagonisms, 286 POLITICAL HISTORY. and complained that the old spirit of compromise had turned into one of unjust suspicion and personal antipathy. ELECTION OF I792.—Fortunately for _the country party spirit was not yet deep enough, or bold enough, to affect the Presidency. The one Republican who could have made a re- spectable showing in the Presidential ‘race was jefferson, and both he and Washington were from the same State. Therefore, both could not be voted for, without the loss of the vote of that State. Besides many staunch Republicans had joined with the Federals to request Washington to serve a second term, a course he had not intended to pursue, till persuaded that the country demanded it. This left only the Vice-Presidency open to party contention, and for ‘this Office the Federals supported john Adams, Mass, and the Republicans George Clinton Of New vYork. The election took place Nov. 6, I 792, and resulted in the success of the Federal ticket. SECOND C ON GRESS—Second Sessions—Met Nov. 5, 1792, at Philadelphia. Revenue questions occupied most of the time of the session, and the Federals had comparatively easy suc- cesses, the Republicans not being a unit in their opposition. But they figured conspicuously for political position, and made a direct but unsuccessful attempt to censure Hamilton’s manage- ment of the Treasury Department. The count Of the electoral vote* was made in February, 1793, and Washington was de- clared elected President, and john Adams Vice-President. They were sworn into office on March‘ 4, I 793,. Congress having adjourned March 2. II. WASHINGTON’S SECOND ADMINISTRATION. i March 4, I793—March 3d, 1797. GEORGE WASHINGTON, VA., President. jOIIN AnAMs, MAss., Vice-President. SEAT OF GOVERNMENT AT PHILADELPHIA. * For full electoral returns see always the succeeding administration. 'NONHEIA .LNIION .LV NOLONIHSVM 3980319 :10 ZIONEIGISEIH Milt; '. ': " ll j,» J! I. ‘l. l t , a ___- 1151* __ as; ,7,» _‘:M I l l‘ "I, , I, H 288 POLITICAL HISTORY OF Congresses. Sessions. 1, December 2, I793-June9, 1794. THIRD CONGRESS‘ 2, November 3, 1794-March 3, 1795. 1, December 7, 17.95-June 1, I796. FOURTH CONGRESS- {2, December 6, 1796-March 3.1797- ELECTORAL VOTE.* Federal. , a- . Republican. States. Basis of Geo. Wash— J. Adams, Geo. Clinton, 33,000. Votes. ington, Va. Mass. N. Y. New Hampshire. . . . 4 ' 6 6 6 . . Massachusetts . . . . .. 14 16 16 16 . _. Rhode Island. . . . .. 2 4 4 4' . . Connecticut . . . . . . - 7 9 ' 9 9 . . New York . . . . . . .. 10 12 12 . . 12 New Jersey. . . . . . . 5 4 7 7 7 Pennsylvania . . .. 13 15 ' 15 14 _ 1 Delaware . . . . . . . .. I 3 3 3 . . Maryland . . . . . . . . . 8 10 8 8 . . Two vacancies. Virginia . . . . . . . . . . 19 21 21 . . 21 North Carolina. . . . 10 12 12 . . 12 . South Carolina.. . . . 6 8 7 6 Scattered. One vacancy. Georgia . . . . . . . . . . . 2 4 4 . . 4 / Vermont,.......... 2 4. 4 4 .. > Kentucky . . . . . . 2 4 4 . . Scattered. Totals... . . . . ..105 I35 I32 77 50- THE NEW ADMINISTRATION—Washington, in pursu- ance of his conciliatory policy, made no immediate changes in his cabinet. He had, however, active and delicate work on hand. France had (April, 1793) declared war against Great Britain and Holland. The Republicans gave reins to their sympathy for their French namesakes, and claimed that. the treaty of 1778, which bound France and the United States to an alliance offen- sive and defensive, was still in existence and ought to be re.- spected. It looked as if war with Great Britain were certain, with the United States as an ally of France. Notwithstanding the unpopularity of the act, Washington decided that the treaty was null, and issued a decree of neutrality‘l" between the con- tending parties. This Step brought upon his administration, and on himself personally, the bitterest assaults of the Republicans. He was denounced as an enemy of Republican France, was a vio- * Of the votes indicated as “ scattered,” four were cast for Thomas Jefferson and one for Aaron Burr. 1' This was the beginning of a foreign policy from which there have been few departures since. THE UNITED STATES. 289 later of sacred faith, as a usurper ‘of the powers of Congress. To further complicate and intensify matters, citizen Genet arrived as Minister to the United States, April 8, I 793. Deceived by the warmth of his reception at Charleston, S. C., he foolishly went about the business of raising money, recruiting men and commissioning cruisers for the French cause. Jefferson ordered him to desist, but removing to Philadelphia and encouraged by the Republican clubs of that city, which organizations carried their sympathy into wild excess, he continued to act as if on French soil. The French Consul at Boston rescued a libeled vessel from the United States Marshal. An American privateer sailed from Philadelphia under French colors, against the orders of the government. Military organizations were being formed in Georgia against the Spanish American possessions. Genet was so inflated with his Republican support that he privately an- nounced his intention of appealing to the people for a general uprising in behalf of France?‘< Timely exposure of this inten- tion speedily alienated even his warmest friends, and his meteoric career was ended by his recall. THIRD C ONGRESS—First Session—Met Dec. 2, 1793, at. Philadelphia, and organized by electing F. A. Muhlenberg, of Pennsylvania, Speaker. He was a Republican, but it was only when party lines were closely drawn, which was possible on but a very few questions, that a small Republican majority could be counted on. The President’s action respecting American neu— trality and the Genet affair was coldly approved, but Republican sentiment took another turn. If it could not directly favor France, it could at least antagonize England. It therefore very justly called England to account for not carrying out the treaty of 1 78 3, by which she was to give up her Lake military posts on American soil. The Indian wars of the Northwest were attri- buted to' British intrigue. So were the Algerine piracies. All in all, it looked as if the country were about to be plunged into war with England, for the Republican course proved to be very * This announcement was made public by Chief Justice Jay and Senator King, who published it over their signatures in a New York newspaper. Its truth was vehemently denied by the Republicans. 19 290 POLITICAL ‘HISTORY OF popular. England began to judge the country by it, and to act as though the United States were already a secret, and soon to become an open, ally of France. She ordered her ships of war to stop all vessels laden with French supplies and to turn them into Britishports (june 8, I 793). She began her system of im- pressing American seamen suspected of being Englishmen. She aimed a further blow at Americancommerce by actually seizing ships carrying French supplies and instituting trials against them in English courts. She justified her holding the Lake forts on the ground that our government had refused to pay certain debts due British subjects. Thus the Republican sympathy for France had brought ruinous commercial retaliation. jefferson, in ' an official report of December 16, I 793, wisely called a halt by proposing an effort at amicable adjustment of the difi‘iculties be- fore proceeding to counter retaliation. The Federals, especially those of the cabinet, were anxious for the first part of thispropo- sition, but the Republicans, especially the extreme ones, were implacable, and Madison (january 4, 1794) introduced resolu- tions imposing prohibit'ory duties on English goods. This measure invited long debate and served to straighten Repub- lican lines, but it failed of passage. jefferson retired from the cabinet in December, 1793, and was succeeded by Edmund Ran- dolph, of Virginia, as Secretary of State, january 2, I 794. The former premier retired to his Virginia plantation, and amid his political writings and plans for the further development of the new Republican party, of which he was the acknowledged founder, he escaped responsibility for the mistakes due to the enthusiasm of his political friends in the Congress. , WASHINGTON ACT S.—In accordance with the peaceful policy outlined in jefferson’s report, Washington nominated (April 16, I 794) Chief justice jay as Envoy Extraordinary to England, with a view to a treaty. The Federal Senate confirmed the nomination. In order to balk the mission the House Re- - publicans moved to prohibit trade with England. This the Senate rejected, and jay started on his mission, arriving in Eng- land in june, 1794. F UR T HER PARTY C ON T ES T S.—The Federals fought all ' THE UNITED STATES. 291 through the session for their policy of neutrality between France‘ and England, the Republicans for intervention of some kind or in some way, and the ardor of the latter often drew them into inconsistencies. Thus while they invited war with England by measures to prohibit commercial intercourse with her, they at the same time opposed the Federals in their‘attempts to found a navy, the most effective weapon with which to carry on such war. And so when the Federals sought to escape the odium of Excise taxation by a system of indirect taxes, and a thereby increased revenue, the Republicans voted for direct taxes. Another unsuccessful attempt was made by the Republiéans to censure, by resolution, Hamilton’s management of the Treasury. They likewise bitterly but ineffectually opposed the Federal bill designed to approve of Washington’s admonitions against “ self- created political societies,”* and to prevent a recurrence of Genet’s attempts to engage a people in’ warlike enterprises without the consent of their government. This attitude was the more re- markable because the French government had already disavowed Genet’s conduct, and sent Fanchet as minister in his stead. But it was a formative period for the Republicans. Much must be excused to their enthusiasm, to their lack of definite policy, to the newness, oddness and swiftness of the situations they were called upon to confront. Neither party had yet had very profi- cient schooling in diplomacy. The Federals had all the advan- tage of a purpose. They could hew to a line, however roughly. The Republicans had to agitate and deny, work a negative situa- tion for all it was worth, and at the disadvantage of youth and inexperience. As yet they had invented no distinctive affirma- tive American measure on which they could consistently unite, or risk their future success. X I T H AMENDMENT—Could a citizen of the United States sue a State? The Supreme Court had decided that a State was suable like any other corporation, and that too by a citizen of another State. This was a terrible blow to the members of the g * The allusion~ was to the various secret associations formed for working up an American-French sentiment, and popularizing, if not justifying, such conduct as Genet had been guilty of. - 292 POLITICAL HISTORY OF strict construction school. The Republicans therefore proposed the XI. Amendment, which limited the judicial power of the United States, and exempted a State from suit in the Federal courts, instituted by a citizen of another State, or by a foreign citizen. The wisdom of this amendment was not much mooted at the time, but the advantage taken of it by States which have felt inclined to repudiate their debts has shaken public faith in its justice. It was proposed March 5, 1794, and declared in force Jan. 8, 1798, having been ratified by the necessary number of States. - TARIFF AC T -The Fourth.-The Federals Succeeded in amending the Tariff Act of 1792, by increasing the ad valorem rates of duty, June 7, 1794. The imperative need of revenue, the quiet and general distribution of taxation in this form, and the sure and easy manner of collection, reconciled many of the Republicans to it, so long as it was unmixed with the affirmative doctrine of protection. Congress adjourned June 9, I794- , THIRD CONGRESS—Second Session—Met Nov. 3,1794, at Philadelphia. The Session opened by warm debate on Hamil- ton’s plan of Internal Taxation. These debates continued at intervals throughout the session, and resulted in the passage of the measure, the Republicans not being able to keep their opposi- tion solid. Hamilton resigned from the Cabinet in January, 1795, and was Succeeded (Feb. 2) by Oliver Wolcott, of Connecticut. Congress adjourned sine dz'e March 3, 1795. EXCITING IIVTER VAL—Minister Jay had succeeded in a treaty with England by November, 1794. It reached America March 7, 1795. The Senate was called to consider it, June 8, 1795. It was ratified by a two-third majority, and while await- ing the President’s Signature its contents (June 29) were pre- maturely divulged by one of the Senators. Its appearance was the signal for a Republican attack on the administration, and on all concerned in its negotiation and ratification, which for the directness and bitterness of its personalism has probably never been surpassed. Meetings were called in the cities to denounce it, and to present appeals to the President not to Sign it. It was THE UNITED STATES. 293 denounced as not covering any of the causes of grievance. It left England at liberty to impress American seamen, to interfere with our commerce, to shut off our West India trade, and so on. The President signed it. This turned denunciation of the treaty into abuse of his administration and himself. He was charged with usurpation, with indifference to American prisoners in Algiers, with embezzlement of public funds, with official incapacity then and during the Revolution, with hostility to his country’s interests, and even with treason. Malignity took the form of threats to impeach, and even to assassinate him. On Republican lips he was no longer “the Father,” but “the Step- father of his Country.” “ He would rather be in his grave than in the Presidency,” was his sad comment on these thoughtless and _vulgar drives at his private character. The treaty itself came to his vindication. England speedily removed her Lake ' forts from American soil. In less than a year American com- merce took a rebound. Jay’s much denounced treaty passed into political history with the approval of its bitterest opponents. FOURTH CONGRESS—First Session—Met December 7, 1795, at Philadelphia. Senate contained a Federal majority: House a Republican, though not united,‘ majority. Jonathan Dayton, Federal, of New Jersey, was elected Speaker. The President’s message was approved by the Senate, by a vote of 14 to 8. The Republicans of the House refused to agree to a resolution which contained an expression of “confidence in the President and approval of his course.” _ A CONFLI C T.——The President sent to Congress, March I, 1796, his proclamation that the Jay treaty had been duly ratified and was law. Mr. Livingstone, of New York, against the ad- vice of the more liberal members of his party, moved that the President be requested to send to the House a copy of the treaty and all the papers connected with it. After an acrimonious de- bate the resolution passed by a vote of 57 Republicans to 35 Federals. Washington refused to comply, saying that the House was not a part of the treaty-making power.* This *This answer of Washington involved the principle which has ever since been accepted as the correct one regarding treaties. 294 _ POLITICAL HISTORY OF stirred the animosity of the Republicans still deeper. Word was passed to the country that a “ British party” existed, and that the administration had been corrupted with British gold. Indignation meetings were again called. The House resolved that it had a right to the papers because it was a judge of the necessity of a treaty wherever an expenditure of public money was involved. The Federals, under the lead of Fisher Ames, of Massachusetts, rallied to the support of a counter resolution, declaring that provision should be made for carrying out the treaty. This was distracting to the Republicans, and they fought it, at first very desperately, through the month of April (to April 29th). In the meantime the country was responding, but not in a way the Republicans had hoped for. The people were tired of the agitation and did not want the treaty set aside. A Presidential election was coming on. It might not be prudent to push a doubtful question further at such a time. The Repub- lican majority weakened, fell into a deliberative mood, and finally helped to pass the Ames resolution by a vote of 51 to 48. Questions of revenue occupied the rest of the session. One of them related to a further increase of Tariff rates, on which political lines were closely drawn, and the Federals, who fa- vored the increase, were beaten. Tennessee became a State of the Union june I, I 796, and on that day the Congress ad- journed. FAREWELL ADDRESS—On September I 7, I 796, Wash- ington gave to the American people his farewell address. He had been solicited by men of both political parties to become for the third time a candidate for the Presidency, and had been assured of the support of the people. But his determination to retire to private life could not be altered. His address, care fully drawn and solemnly worded, was his vindication against attack, which was to stand forall time, and his appeal to his countrymen to be true to the government, to beware of foreign ’ influences, to avoid party strife, and to cultivate religion, educa. tion, and patriotic devotion to their institutions. It was a full reflex of the man, conservative, yet firm; solemn, yet hopeful; THE UNITED STATES. 295 plain, yet elegant; great, yet unselfish.* It was received every- where with approbation, and ranks today as a political classic, well worth study by every young man. ELECTION OF I796.-—The mission of Washington had been to hold sentiment together, or see that every conspicuous shade was represented, till the experimental period of the new government had passed. It had now passed, and his retirement left the field open to the square contention of parties. By mu- tual understanding, rather than by Congressional caucus nomina- tion, the candidates of the Federals became John Adams, of Massachusetts, and Thomas Pinckney, of Maryland, and those of the Republicans Thomas Jefferson, of Virginia, and Aaron Burr, of New York. ' There was no platform announcement of party principles, but the Federals claimed to represent Washington’s policy of peace, neutrality, finance, progress, safety, and the right as founders of the government to place its existence beyond hazard before being called upon to part with their high trust. The Republicans claimed to be the advocates of economy, enlarged liberty, the rights of man, the rights of the States, and they did not hesitate to charge the Federals with every real and conceivable sin of commission and omission, among them an inclination toward an English policy and form of government. Though this latter was in manifest forgetfulness of their own well-known favoritism for France, the country was reminded of it by a presumptuous paper issued by the French Minister, called an “Address to the American People,” and designed to influence the Presidential contest, in which the hint was thrown out that France would have to withhold intercourse with the United States if the Republicans were unsuccessful. ‘ *One characteristic of the address is its delicate undertone of vindication and complaint. The former was designed and exquisitely incorporated. The latter seems foreign to a man of Washington’s iron will. But he was withal very sensi- tive, and it must have been well-nigh impossible for even one of his high, unbend- ing character, and though the paper were studied and stately to the last degree, to avoid all shadow of complaint. He had previously spoken of the attacks on him as aggravatingly malicious and personal, and made “in terms so exaggerated and indecent as could scarcely be applied to a Nero, a notorious defaulter, or even a common pickpocket.” . 296 POLITICAL HISTORY. The Presidential election was held in November, I 796, the electors being chosen by the Legislatures of the several States, a practice which continued till 1824, and in some States till a - later period. FOURTH CONGRESS—Second Session—The Congress met December 5, I796. It was a comparatively quiet session, and void of party interest. In February the count of the elec- toral votes was made, and the result showed a glaring defect in the method of choosing the President. Adams received 71 votes, Jefferson 68, Pinckney 59, and Burr 30. Thus there was a Fed- eral President and a Republican Vice-President, with all the con- fusion incident to a change of administration in mid-term, in case of the death or disability of the former, and all the danger to be apprehended from a like change if partisanship 0r corrup- tion should accomplish his impeachment or removal. The ex- perience furnished by the next Presidential election brought a much needed amendment of the method of voting. An amended Tariff act was passed March 3, which made a slight increase in the duty on manufactures of cotton. Congress adjourned sine die March 3, I 797, and on March 4 Adams and Jefferson were sworn into office. III. ADAMS’ ADMINISTRATION. March 4, I 797—March 3, 1801. JOHN ADAMS, MAss, President. THOMAS JEFFERSON, VA., Wa- President. SEAT OF GOVERNMENT AT PHILADELPHIA. Congresses. Sessions. I, May 15, 1797—July 10, I797, extra leflion. FIFTH CONGRESS. 2, November 13, 1797-]uly 16, 1798. 3, December 3, I798—March 3, I799. I, December 2, I799-May I4, 1800. 2, November 17, I8oo-March 3, 1801. ELECTORAL VOTE. SIXTH CONGRESS. Federals. Republicans. Basis of JiAdams, Thos. Pine]?- rThos. efl'er- A. Burr; Scat- States. 33,000. Votes. Mass. ney, Md. son, a. N. Y. tering. New Hampshire. . . . 4 6 6 . . . . . . 6 Massachusetts... . . 14 I6 I6 13 . . . . 3 _)Rhode Island . . . . . . 2 4 4 . . ~. . . . 4 JoHN ADAMS. 298 - POLITICAL HISTORY OF Electoral Vote—Continued. Federals. Republicans. Basis of J. Adams. T1105. Pincll ,Thos. jlefi'er- A. BIT; Scat- States. 33,000. Votes. Mass. ney, Md. son, a. N. Y. tering. Connecticut . . . . . . . . 7 9 9 4 . . . . 5 New York . . . . . . . . . Io 12 12 _ 12 . . . . . New jersey . . . . . . . . 5 ' 7 7- 7 . . . . . Pennsylvania . . . . . . . I3 I 5 I 2 I4 13 . Delaware . . . . . . . . . . I 3 3 3 . . . . . Maryland........... 8 IO 7 4 4 3 2 Virginia............ I9 2! I I 20 I 19 North Carolina.. . . .. 10 12 1 1 11 6 5 South Carolina.. . . .. 6 8 . . 3 8 . . . . Georgia . . . . . . . . . . . 2 4 . . . . 4. . . 4 Vermont . . . . . . . . . . . 2 4 4 4 . . . . . . Kentucky........... 2 4 .. .. 4 4 .. Tennessee.......... I 3 .. .. - 3 3 .. Totals . . . . . . . ..106 138 71 '5'9' 6'? 3'? It??? THE CABINET. Secretary of State . . . . . .Timothy Pickering, Pa . . . . . .Contintued. Secretary of Treasury. . .Oliver Wolcott, Conn.. . . . . .. “ Secretary of War . . . . . . .james McHenry, Md. . . . . . . . “ Secretary of Navy.. . . ...To Department of War till I798. Attorney-General . . . . . . .Charles Lee, Va . . . . . . . . . . . “ Postmaster-GeneraL. . . . .joseph Habersham, Ga . . . . . .With Treas.Depart. till 1829. Continued. THE INA UGURAL.+—President Adams in his inaugural broadly affirmed the policy of the Washington administrations, and made a calm and ‘studied denial of the oft-repeated charges that the Federal party was influenced by English patronage or any love for England. It did'not serve to mellow the bitterness of the Republicans. On the contrary, they seemed to share the bad feeling now openly manifested by the French Republic on account of Republican defeat in America. ARMED NE UT RALI T I/Y—Adams found his administration between an upper and nether millstone of excitement. He must act and that promptly. Steps were taken toward preserving the neutrality established by the previous administrations, peaceably if possible, forcibly if necessary. A navy was improvised. Monroe, an ardent Republican and Minister to France, was re- called, and C. C. Pinckney sent in his stead. The French * Of those marked as scattering Samuel Adams received 15; Oliver Ellsworth, I I ; George Clinton, 7; john jay, 5; james Iredell, 3 ; George Washington, 2; john Henry, 2; S. jphnson, 2; and Charles C. Pinckney, I. THE UNITED STATES. 299 Directory parted with Monroe, expressing admiration for the American people, and contempt for the American government. They at the same time ordered Pinckney to quit their country, and declared they would receive no more American ministers till their grievances, prominent among which was the Jay treaty, were redressed. FIFTH CONGRESS—Extra Session—On hearing of the French attitude, the President called the Fifth Congress into Extra Session, May 15, 1797. It organized by electing Jonathan ‘Dayton, of New Jersey, Speaker. He was a Federal, and that party had a majority in both branches. The President developed his foreign policy in an address. It meant neutrality, even at the expense of war with offenders. But three envoys were proposed, to go to France and exhaust all reasonable efforts for peace. These were approved by both Houses, and they departed on their mission. Congress adjourned July 10, 1797. AN EMPTY MISSION—While the envoys were absent the respective parties kept their feelings ablaze by the old charges of English and French influence and favoritism. “ The country contained few Americans, but very many English and French,” was remarked of the situation by a foreign observer. The envoys, after a fruitless effort at peace, submission to conduct they regarded as- humiliating, and refusal on their part to listen to a request for a loan to the French Republic as a preliminary to negotiations, came back to report their failure, 'and meet the ridicule of the Republicans. ’ A CONDITION OF WAR—While the envoys—the XpY. Z. mission"< as they were called—had been treated hardly by the French, and no better by their opponents at home, the country was forced to confront the solemn fact that France was making not only secret attack upon its commerce, under cover of law, but open attack as well, which nothing but a state of war would excuse. Any vessel carrying American shipping papers was deemed fit subject for seizure and confiscation. * Agents of the French Directory over the initials X. Y. Z. had intimated to the envoys the possibility of their success, provided they could offer some substantial money inducement. 300 POLITICAL HISTORY OF FIFTH CONGRESS—First Regular Session—Met at Phila- delphia, Nov. 13, I797. The juncture was critical. The Re- publicans were so pronouncedly in favor of France, and were so strong, that it looked as if a policy of “Armed Neutrality” would at any moment go to the wall. Early in I798 they were able, in the House, to vote down a proposition to arm American vessels. But the Senate, April 8, made public the attempted negotiations of the envoys to France. They sur- prised both parties. The Federals became furious at the insult heaped on their accredited agents and at the double-dealing, not to say corrupt overtures, of the French Directory. The Re- publicans stood aghast at the revelation. They could not brook conduct so flagrant, much as their sympathies had been enlisted in behalf of their struggling brethren of France. The more patriotic and shrewder-minded turned in with the Federals. A respectable minority found silence golden. American self- respect and American danger impelled to a common political sentiment, and that sentiment found popular outburst in the cry of “ millions for defence, but not one cent for tribute.” ALIEN AND SEDITION LA WS.——-Congress co-operated with the administration in placing the government on a war footing. The navy was strengthened, and orders were issued to seize French vessels operating against American commerce. Letters of marque and reprisal were authorized. Treaties with France were declared abrogated. A temporary army was ordered, to be commanded by Washington as Lieutenant- General. Thus far all was popular and unquestioned. But France was to be fought not only on the ocean and on the field. It was felt that she was stronger in the country through her secret emissaries than in any other spot. Hence, the Alien Law, passed June 2 5, I798, giving the President power to order aliens, whom he should adjudge dangerous, out of the country, and providing for the fine and imprisonment of those who refused to go. This was followed by the Sedition Law of July 14, to re- main in force till March 3, I801. It imposed fine and imprison- ment on conspirators to resist government measures, and on libellers and scandalizers of the government, Congress or Presi- dent. THE UNITED STATES. 301 NA T URALIZA T I ON LA VV.——-This law required an alien to reside fourteen years in the United States before he could be naturalized. The Federals favored it on general principles of safety to the country, and because they felt that they could not hope for accessions to their party from any foreign element then likely to become immigrant. The Republicans fought for a five- year probation, on the ground that America was properly an asylum for all nations, that a longer term would cause too many of the inhabitants to owe no allegiance, and because they knew, with the Federals, that immigrants would naturally augment their political ranks. The Congress adjourned July 16,1798. S T ORM Y IN T ER VAL—War action had been setinto feverish reaction by the Alien and Sedition Laws, which the Republicans regarded as a violent stretch of constitutional authority, and as arming the government with altogether too much power, even for war times. Not choosing to distinguish between themselves and those at whom the laws were aimed, they claimed that they were a menace to all Republicans, that they abridged liberty of speech and the press, that they were unconstitutional out and out. They had the best of the argument before the country, for the Federals could only justify them by the necessities of the hour. Constitutional construction was then in its infancy, and any new step was likely to excite jealousy and alarm. As a matter of policy, they were a step beyond what the Federals need have taken. They had, without them, a patriotic and permanent standpoint, and they had for it a strong Republican support, especially among the people, caused by the action of the French Directory. Their execution gave greater offence than their enactment. Having gone too far to retract, the administration insisted on carrying them out, even though France had come forward to deny any knowledge of bribery and corruption on the part of her agents, and had expressed a desire for peace. Thus they became a torment to the Federals, present and recurring. Aware of their keenness as a political weapon the Republicans drove it home on every occasion. CONGRESSIONAL ELE C T I ON S .——Though the enforce- 302 POLITICAL HISTORY OF ment of the Alien and Sedition Laws was a source of weakness to the Federals, the Republicans soon felt they could not hope by their opposition to them to carry the fall (1798) Congressional elections. They therefore turned their attention to the State Legislatures, feeling that there their opposition could be made effective in the next Presidential election. Effort took the shape of denunciatory resolutions (really proclamations) passed by the Legislatures of two States. They are noteworthy as being the first formal declaration of strict construction views of the day, and are worthy of study as containing the doctrine on which all subsequent strict constructionists have relied for their advocacy of State sovereignty, nullification and secession. RESOLUTIONS OF 1798.—-The Kentucky resolutions were drawn by jefferson, the Virginia resolutions by Madison. Both were adopted by the respective State Legislatures. The Vir- ginia resolutions declared the Constitution to be a compact made by the States and to form which the States had agreed to sur- render only a part of their own powers. The Federal govern— ment could not exceed the authority delegated to it by the States. If it did the States had a right to stop it, and to main- tain the powers they had reserved to themselves. The Alien and Sedition Laws were usurpations of powers not granted to the Federal government, for the Constitution forbade any abridg- ment of liberty of speech or the press. The State of Virginia declared them unconstitutional, and appealed to the other States to join her. The governor was ordered to lay the resolutions before the other State Legislatures. They were repeated in 1799- ' _ The Kentucky resolutions repeated those of Virginia in sub- stance, and added that the Federal compact was as if a contract between two parties, the States being one, and the Federal gov- ernment the other; and that each party was to be the judge of any breach of the agreement, as well as of the manner of redress. These were also repeated in 1799, but with the wonderfully bold amendment, designed to draw the line between party opposition and criminal or treasonable opposition to the government,-that the rightful remedy on the part of a State was “ nullification of THE UNITED STATES. 303 all unauthorized acts (by the Federal government) done under color of that instrument (the Constitution).” It ought to be observed, in justice to Jefferson, ever diplomatic, if very ardent in his Republicanism, and who, at this time a prospective candi- date for the Presidency, would not willingly have jeopardized his chances, however anxious he might have been to force home on the Federals their mistake in passing the Alien and Sedition Laws, that the final position taken in the Kentucky resolutions was far more ultra than his own, and that it was not regarded as good strict construction doctrine, till other causes, times and men,* conspired to give it sanction and render it operative. FIFTH C ON GRESS—Second Session—Met at Philadelphia, Dec. 3, 1798. Irregular ocean warfare was still going on be— tween American and French _privateers. There. was scarcely any opposition to an increase of the navy, but the Republicans antagonized every measure for an increase of the army, alleging that none was needed and that the matter was only an ingenious Federal scheme, gotten up for the sake of providing places for‘ their party leaders. The President, who had hitherto been firm, but who began to feel that his firmness was really a source of weakness so far as his aspirations to succeed himself in office were concerned, departed from his determination not to negotiate further with France, and, without consulting his Cabinet, sent three other envoys to treat for peace. This action led to a divi- sion in the Cabinet, and the protesting members met with the approval of the Federal party at large. The effort of the Presi- dent _to recover lost ground with the Republicans lost him more ground within his own party. Congress adjourned sine a’z'e March 3, 1799. ~- SIX T H CONGRESS—First Session.—Met at Philadelphia, Dec. 2, 1799. Theodore Sedgwick of Massachusetts was chosen Speaker. He was a Federal, and the Federals had a good work- ing majority in both Houses. They represented the war feeling of the country, and had been chosen before sentiment began to revolt against the enforcement of the Alien and ‘Sedition Laws, at least before such revolting sentiment could be made effective ‘ll’ Notably 1832, Calhoun’s time; and 1860, the era of open secession. . 304 POLITICAL HISTORY OF in the Congressional districts. -It was the policy of the Repub- licans to avoid all party contests. Drawing their inspiration from Jefferson, they kept quiet, conscious that the ferment of opposition already active in the body politic would work favor- ably to them, and by no means displeased witnesses of the estrangement, gradually growing wider, between the President, ' and such prominent Federal leaders as Hamilton and others. . The Federals in Congressional caucus nominated as their candi- dates for the Presidency John Adams, of Mass, and C. C. Pinckney, of S. C. The Republicans, in a Congressional Con- vention* at Philadelphia, nominated Thomas Jefferson, Va., and Aaron Burr, N. Y. Congress adjourned May 14, 1800.1’ *ELECTION OF I800.—Though the Legislatures of the States did not meet to choose Presidential electors till Novem- ber, the fact that those bodies chose them made the Presidential result turn on their political complexion. The Presidential elec- tion was therefore in reality scattered over a great part of the year previous to November. Adams was unfortunate in not having the undivided support of his party. The State election *This term “Congressional Convention ” implies what we would now under- stand to be a Congressional Caucus. It was full, formal and called, and therein differed from those informal caucuses of members which had bespoke former nom- inations. The first political platform, and the only one till the Clintonian address or platform of 1812, was that of this Republican Congressional Convention of 1800 which nominated Jefferson. It announced (I) “ Preservation of the Constitution in the sense in which it was adopted by the States; ” (2) “ Opposition to monarchizing its features;” (3) “Preservation to the States of the powers not yielded to the Union, and to the Legislature of the Union its constitutional share in division of powers; ” (4) “A rigorously frugal administration of the government; ” (5) “ Re- liance for internal defence solely on-the militia, until actual invasion, and for such naval force only as may be sufficient to protect our coasts and harbors; ” (6) “ Free commerce with all nations, political connection with none, and little or no diplo- matic establishment; ” (7) “No linking ourselves with the quarrels of Europe; ” (8) “ Freedom of religion; ” (9) “ Freedom of speech and the press; ” (10) “ Liberal naturalization laws; ” (II) “ Encouragement of science and art.” 1' On May 13, 1800, the sixth amended Tariff act was passed, raising the duty on sugar one-half cent per pound, and on silk 2% per cent. The rates on the leading articles now ranged as follows: Sugar, 2% cents per pound; coffee, 5 cents per pound; tea, 18 cents per pound; salt, 20 cents per bushel; pig iron, 15 per cent. ; bar iron, 15 per cent.; glass, 20 per cent.; cotton goods, I 5 per cent.; woollens, I2% to 15 per cent.; siik, 2% per cent. THE UNITED sTATEs. - U ‘.05, in New York, April 28, resulted in a Republican Legislature. This result, due more to Hamilton’s estrangement than to either Jefferson’s or Burr’s popularity, was a bad omen for the Federals. Adams was so piqued that he dismissed Hamilton's friends from the cabinet, and they went forth branded as British factionists. The Republicans had been making their ground solid in the States by such means as the Kentucky and Virginia resolutions for two years. But despite their seeming advantage of harmony ' and popular hue and cry, the returns in November were doubt- ful till South Carolina was heard from. Her vote settled the election in favor of the Republicans. SIXTH CONGRESS—Second Session—Met at Washing- ton, Nov. 17, 1800* This short session had a problem on hand which loomed up in the Fourth Congress, and which in certain shapes has returned periodically to plague Congress and the people. The electors had voted under the then existing consti- tutional provision, each for two candidates not of the same State. In February, 1801, when Congress came to count the returns, it was found that Jefferson and Burr each had 73 votes, Adams 65 and Pinckney 64. There was therefore no choice, for no one candidate had the highest vote. C ON T ES T ED ELEC T ION—The election passed to the House, where a protracted struggle resulted, and one full of bit- terness and danger. The Federal element had to choose between two Republicans, one of whom, Jefferson, the Republicans were bent on making the President, the other, Burr, the Vice-Presi- dent. Some of the Federals preferred to reverse this, not only to balk the Republican plan, but because they regarded Jefferson as a more formidable opponent than Burr. Burr himself fell, of course, to this idea, and fostered it by all the arts of which he was the well-known master. Balloting began‘Feb. 11, and, after running for several days, the Federals proposed to confess their inability to elect by vote of the States. Against this the Repub- licans threatened armed resistance. After other days were con- ' * The Capitol building was ready in June, 1800, and the ten years during which the seat of government was to remain at Philadelphia having expired, it was fom- ' ally removed to Washington at this session of Congress. ' 20 Y 306 _ POLITICAL HISTORY OF sumed in idle balloting, the Federals were charged with a wish to put off the election till after the 4th of March and thus to make john jay, Chief justice of the Supreme Court, the tempo- rary President. The result proved that this charge had no foundation. Burr finally lost caste in his attempts to dicker with the Federals, and jefferson won on the 36th ballot, Feb. 17, by securing ten States, leaving four for Burr and two blank. This contention so clearly proved the defects and dangers of the plan of electoral voting that the Twelfth Amendment was proposed to the‘ Constitution, Dec. 12, 1803, and declared in force Sept. 25, 1804. Congress adjourned sine dz'e, March 3, I801. jeffer- son was sworn in’ as President and Burr as Vice-President, March 4. IV. IEFFERSON’S FIRST ADMINISTRATION. March 4, 1801—March 3, 1805. THOMAS jEFFERsoN, VA., President. AARON BURR, N. Y., Vice- President. SEAT OF GOVERNMENT AT WASHINGTON. Congresses. Sessions. 1, December 7, 1801-May 3, 1802. SEVENTH CONGRESS’ 2, December 6, 1802—March 3, 1803. 1, October 17, 1803—March 27, 1804. EIGHTH CONGRESS. 2, November 5, 1304.Mar¢h 3, 1805. ELECTORAL VOTE. Republicans. Federals. Basis 01 ' Thos. #:ffer- A. Burr; _ITAdams, C. C. Pinck. . States. 33,000. Votes. son, a. N. Y. Mass. nay, S. C. Connecticut . . . . . . . . 7 9 . . . . 9 9 Delaware........... 1 3 .. .. 3 3 Georgia . . . . . . . . . . . . 2 4 4 4 . . Kentucky........... 2 4 4 4 .. .. Maryland . . . . . . . . . . 8 10 5 5 5 5 Massachusetts . . . . . . 14 I6 . . . . 16 I6 vNew Hampshire. . . . 4 6 . . . . 6 6 New jersey . . . . . . . . 5 7 . . . . 7 7 New York . . . . . . . . . 10 12 12 12 . . . . North Carolina. . . . .. Io ' 12 8 8 4 4 Pennsylvania . . . . . . . 13 15 6 8 7 7 Rhode Island . . . . . . 2 4 . . Sc.* 4 3 South Carolina. . . . .. 6 8 8 8 . . . . Tennessee. . . . . . . . . . 1 3 5 3 . . . Vermont . . . . . . . . . . 2 4 . . . . 4 4 Virginia . . . . . . . . . . . 19 21 ' 21 21 . . . . Totals. . . . . . . . . 106 I38 73 73 65 61-? * This one vote was thrown for john jay. 1' N0 choice. See contested election on p. 305. THOMAS JEFFERSON. 308 POLITICAL ‘HISTORY or CABINET. Secretary of State . . . . . .James Madison, Va. Secretary of Treasury. .Samuel Dexter, Mass . . . . . .Continued. Secretary of War . . . . . . Henry Dearborn, Mass. Secretary of Navy . . . . . .Benjamin Stoddard, Md. . . .Continued. Attorney-General . . . . . ..Levi Lincoln, Mass. Postmaster-General. . . . .Joseph Habersham, Ga. . . . .Continued. POLITICAL REVOLUTION—The Republican sweep was clean, up to the door of the Judiciary. Adams’ defeat was keenly felt, though not unexpected. He had many admirers who remem- bered with pride his eloquence in behalf of Independence, and his bold stand in favor of Federalism. But the loss of a Presi- dent was as nothing compared with the permanent break in the Federal lines. The breaches we're too wide for healing. The prestige .it had acquired in placing the government on a firm basis, in anxious controversy for such power as would make it respected at home and abroad, in spirited contention for a policy of neutrality, and in timely, though not very masterly, effort to restrain the French Republican influence, had been badly clouded by some of its later efforts to hold political place, or at least pre- vent certain of its opponents from holding the same. Its internal weaknesses were now in sad contrast with that former boldness which successfully dared the most intricate financial problems, provided an ample revenue, and established an enduring national credit. ‘ NE W PO lVER—Jefferson’s inaugural address laid down the policy of the Republican party. After attempting to remove asperities and smooth differences, he announced the intention to continue the payment of the public debt, reduce the army and navy, lower taxes, restrict the power of Federal government to the lowest limit permitted by the Constitution, and preserve the State governments in all their rights. While the message had the effect of abating party spirit somewhat, the old outcrops of enmity were still frequent. Federals were still “ Black Cockade Federals.” Republicans were still “ Democrats and Jacobins.” The wealth, intellect and culture of the countiy, largely of Fed- eral type, naturally felt apprehensive of a situation now com-_ manded by those it had learned to look upon with distrust and THE UNITED sTATEs._ 309 to associate with what was foreign and revolutionary in spirit. Perhaps they saw in Jefferson himself all they feared from his party, when they spoke of him as “ an atheist in religion and a fanatic in politics.” REMOVALS FROM OFFICE—The President proceeded immediately to undo some of the centralizing measures of the preceding administration by pardoning those imprisoned under the Alien and Sedition Laws. Then he turned his attention to his party friends anxious for office. His removal of Elizur Goodrich, Federal, from the Collectorship of New Haven, and the appointment of Samuel Bishop, Republican, in his stead, was looked upon as a proscriptive innovation, and brought a Federal storm about his ears. Washington had made his appointments without reference to political opinions. Adams had made few removals and none for political reasons. Why should the old rule be broken? And especially why should it be broken in this instance when Goodrich was competent and‘ Bishop was 78 years old and incompetent? To all which Jefferson made the memorable reply whose spirit was, in Jackson's time, incorpo- rated into the aphorism, “ To the victor belong the spoils.” With rare sagacity, he, however, drew a fine line of distinction . between removals for retaining opinions and removals for using influence. The former he would not make, the latter he would make. And again he would rebuke President Adams, by re- moving all his appointees after the result of the Presidential election became known.* All of this is interesting as the rather cautious beginning of that policy of removal from office, and appointment thereto, which grew by slow degrees until Jackson * Jefferson said that it was not “ political intolerance to claim a proportionate ‘share in the direction of public affairs. If a clue participation of office is a matter of right, how are vacancies to be obtained? Those by death are few, by resignation none.” He would base his causes for removal as “ much as possible on delinquency, on oppression, onintolerance, on ante-revolutionary adherence to our enemies.” After thus getting a fair quota of the offices for his party, and thus correcting what he charged as erroneous procedure on the part of his predecessor, he said, “ that done, I will return with joy to that state of things when the only question: concerning a candidate shall be: Is he honest? Is he capable ? Is he faithful to the Constitu- tion ? ” 3IO POLITICAL HISTORY OF claimed the policy to be an indisputable right, and which has been exercised since by all political parties as such, until questioned by the civil service reform spirit of the present day. SEVENTH C ONGRESS—F irst Session—Met Dec. 7, I801. Organized by electing Nathaniel Macon, Republican, of North Carolina, Speaker, there being a small Republican majority in both branches. Instead of delivering his message in person to the Congress as Washington and Adams had done, jefferson presented it in writing and thus established a custom which has ever since been maintained, for convenience sake as well as for its accordance with republican simplicity. The Congress went manfully to work to modify previous Federal legislation. The limit for naturalization was fixed at five years, with privilege of declaration of intention after a residence of three years. The act of I 798 required a residence of fourteen years. A sinking fund was established. The army, navy and taxes were reduced. Perhaps the most direct blow at the Federals was the repeal of the judiciary law. The law of the previous session had estab- lished twenty-four new Circuit Courts, the officers for which Adams had appointed the last thing before retiring. The Re- publicans said this was an abuse of his power, in that the com- missions had been made out and signed after the results of the Presidential election had become known. They called them “ midnight judges,” and though the Federals declared that there was udicial work for all of them, and further that Adams had not exceeded his authority in granting their commissions, the Republicans found a way to overcome, for the time being, their strict construction notions and repeal the bill. This drove the Federals from their last hold on the government, and they never recovered their lost ground. Ohio entered the Union Nov. 29, 1802. Congress adjourned May 3, 1802. ‘ LOUISIANA PURCHASE—Republican zeal for France and the French Republican cause received a blow early in 1802 when it was announced that Spain had secretly ceded the Louisiana Territory to France. Our government had been making war preparations against Spain in order to settle the right to free navigation of the Mississippi, and to equal privileges about the THE UNITED STATES. , 311 Gulf entrance. By the cession to France, the entire programme changed. The government was confronted with a new and more formidable owner of this vast country of Louisiana,* and proba- bly with a new set of complications. Minister Livingston was instructed to remonstrate with the French Emperor and to say that F rance’s possession of this territory would drive the Ameri- can Republic to enter into an alliance with England. James Monroe was sent to Livingston’s aid, with instructions to buy Florida and the Island of Orleans, which Jefferson mistakingly supposed had been embraced in the Spanish cession to France. Monroe found France in need of money for contemplated war on England and not averse to selling all of Louisiana. A bar- gain was at once struck for $15,000,000, and though Monroe had exceeded his instructions and no authority existed anywhere for the transaction, Jefferson agreed to the contract, trusting to the Congress and the people to stand by him. In this he was not disappointed. The treaty of purchase was ratified by the Senate, Oct. 20, 1803. SEVENTH C ON GRESS—Second Session—Met Dec. 6, 1802. The respective parties were so watchful of each other and so resolute that each failed to accomplish any significant political ' legislation. The action of Spain was censured by the Republi- cans. Attempts to amend the Constitutional mode of electing a President, to abolish the mint, and to fasten a charge of mis- management on the Treasury Department, failed. Congress adjourned sine dz'e, March 3, 1803. EIGHTH C OIVGRESS—First Session—This Congress was called together Oct. I 7, 1803, in order that the treaty for the purchase of Louisiana might be disposed of. The Republican majority had been increased, the Federals having lost some of their best leaders. Nathaniel Macon was again chosen Speaker. The debates on the ratification of the treaty were similar to those over the Jay treaty of 1795, but parties were turned right round, the Republicans using the old Federal, and the Federals the old Anti-Federal logic. As observed above, the treaty was ratified by the Senate Oct. 20, 1803, and the House made the appropria- * For fuller account of this purchase, see ante, page 105. 312 POLITICAL HISTORY OF tion to carry it into effect.* The Twelfth Amendment to the Constitution changing the mode of Presidential election was passed Dec. 12, 1803, and ratified by the States by Sept. 25, 1804. .The first articles of impeachment under the new govern- ment were voted by the House against Judge Pickering of the United States District Court of New Hampshire, for occasional drunkenness. The articles were sustained and the judge dis- missed. Other articles were voted against Judge Chase, of Md., andrJ'udge Peters, of Pa., for arbitrary conduct in trying cases under the Alien and Sedition Laws. The Federals took alarm at these steps and boldly charged the Republicans with a design to make places for their party judges, and to impair if not destroy the judiciary. An amended tariff bill was passed March 26, which, if anything, increased the average rate of duties then existing. Congress adjourned March 27, 1804. ELECTION OF 1804.—Burr had never secured Jefferson’s confidence after the suspicion that he had tried to barter with the Federals for his defeat during the previously disputed Presi- dential election. Besides he had then come too near the Presi- dency to suit Jefferson’s idea of his own success. He was there- fore sacrificed in the Congressional caucus, and Jefferson and George Clinton of New York became the Republican nominees for President. The nominees of the Federals were C. C. Pinck— ney, S. C., and Rufus King, N. Y. The Federals were vanquished in every State except Connecticut, Delaware and part of Mary- land. EIGHTH CONGRESS—Second Session—Met Nov. 5, 1804. The session was not complimentary to the Republican‘ majority. The impeachment trial of Judge Chase came on under the articles previously drawn in the House. It took a decided partisan turn and awakened the bitterest sentiment. Burr, who was under a cloud for having killed Hamilton, and who felt keenly the disappointment of defeat at the hands of ' his Republican friends, did vmuch, as presiding officer at the * Senate vote for ratification was 24 to 7; and House vote for the appropriation was 90 to 2 5, so that the purchase, notwithstanding its irregularity, was abundantly confirmed. ' THE UNITED STATES. ‘ 313 trial, by his refusal to hearken to the demands of his party, to re-establish his lost reputation. This angered the Republicans all the more, and when their determination to convict was met by a square verdict of acquittal on all the charges, they proposed several Constitutional amendments (none of which carried), making impeachment, conviction and removal from office easier. The electoral, votes were counted in February. Jefferson and Clinton had 162, and Pinckney and King, 14. The Eighth Congress adjourned sine dz'e, March 3, 1804. The success— ful Presidential candidates were sworn into office March 4, 1804. ' V. JEFFERSON’S SECOND ADMINISTRATION. March 4, 1805—March 3, 1809. THoMAs JEFFERSON, VA., Presz'denz'. GEoRGE CLINTON, N. Y., _ Vice-President. Congresses. Sessions. ‘ 1, December 2, 1805-April 21, 1806. 2, December 1, 1806—March 3, 1807. 1, October 26, 1807-April 25, 1808. 2, November 7, 1808—Mareh 3, 1809. NINTH CONGRESS. TENTH CONGRESS. ELE C T ORAL. VOTE.* Republicans. Federals. Basis of TThos. Jeifer- G. Clin? C. Pinck- R. King: States. 33,000. Votes. son, Va. ton, N. Y. ney, S. C. N. Y. Connecticut . . . . . . . 7 9 . . . '. 9 9 Delaware . . . . . . . . . 1 3 . . . . 3 3 Georgia . . . . . . . . . . . 4 6 6 - 6 . . . . Kentucky......... 6 8 8 8 .. . Maryland . . . . . . . . . 9 1 1 9 9 2 2 Massachusetts .. . . .. 17 19 19 19 . . . . New Hampshire. . . . 5 7 7 7 . . . . New Jersey . . . . . . .. 6 8 8 8 . . . . New York . . . . . . .. 17 19 19 ~ 19 . . . . North Carolina. . . . 12 I4 14 '14 . . . Ohio . . . . . . . . . . . . . I 3 3 3 . . . * While the nominations did not distinguish between President and Vice-Presi- dent, the candidates were voted for as if they had been so distinguished, the Con- stitntional amendment (the twelfth) having been ratified in September in time for the vote to be cast under its provisions. 314 POLITICAL HISTORY. Republicans. Federals. Basis of Eros. {,efi'er- G. Clin: C. Pinck- R. King, States. 33,000. Votes. son, a. ton, N. Y. ney, S. C. . Y. Pennsylvania . . .. I8 20 20 20 . . . Rhode Island. . . . .. 2 4 4 4 . . . . South Carolina.. . . . 8 10 10 10 . . . . Tennessee . . . . . . . . 3 5 5 5 . . . . Vermont........... 4 6 6 6 .. .. Virginia . . . . . . . . . . 22 24 24 24 . . . . Totals... . . . I. I}; 176 162 162 14 14. THE CABINET Secretary of State . . . . . . .james Madison, Va . . . . . ..Continued. Secretary of Treasury. . . .Albert Gallatin, Pa. . . . . . “ Secretary of War.. . . . . . .Henry Dearborn, Mass. . . . “ Secretary of Navy . . . . . . .jacoh Crowninshield, Mass. Attorney~General .. . . . . ..Robert Smith, Md. Postmaster-General .. . . . ..Gideon Granger, Conn. POLITICAL SI T UA T I ON.——The Congressional elections had been nearly as disastrous to the Federals as the Presidential election. They were strong only in New. England, and even there Vermont had turned Republican. Federalism was clearly moribund. The Republicans had the affirmative. The times were prolific of new situations, which could be turned to popular account. jefferson understood the art of keeping his party on a happy vantage ground better than any statesman in it, and as he had its entire confidence, so far as the masses were concerned, he exercised a control which was quite autocratic. NINTH CONGRESS—First Session—Met Dec. 2, 1805. Organized by re-electing Nathaniel Macon Speaker. Both Houses strongly Republican. A notable event was the estrangement of john Randolph, of Virginia, from the President. His ambition to go as Minister to England had not been grati- fied, and he had failed also in his aspirations to be the leader of the administration on the floor of Congress. He therefore with a small following threw his strength to the Federals, and thus augmented they became a brilliant, determined and useful mi- nority. The Spanish Mississippi situation was still delicate. It was decided that the best way to settle it was to buy out the re— maining interest of Spain in our soil. The President was author- ized to make the purchase, but it was not effected till 1819. Though both England and France were violating the rights of ‘NOSHEIeIrIZII :IO GINOH EIIdl—O'YIHDLLNON \\1Tlv‘?:‘:‘ \ 315 316 POLITICAL ‘HISTORY OF neutrals, the President would not sanction the building of an American navy, but compromised on a system of gunboats, which was much ridiculed by his opponents. Republican pars tiality for France was shown by the passage of a measure pro- hibiting the importation of English goods after Nov. 15, 1806. This was designed to be retaliatory of England’s violation of the rights of neutrals. As France had been, and was still, equally guilty, the blow might very justly have been aimed at both. Not yet tired of efforts to Republicanize the Judiciary, another attempt was made to clear out the old Federal incum- bents, but it failed. A strained situation for the Republicans grew out of the proposition to build a National Road from the Potomac to the Ohio. Contrary to all their previous views of a rigid construction of the Constitution, and in vivid contrast with the notions of their school which prevailed for fifty years after- wards respecting internal improvement, they enacted to lay out and build such road. An adjournment took place ‘April 21, 1806. - NINTH CONGRESS—Second Session.——Met Dec. 1, 1806. Duringthe vacation Burr’s enterprise of a Southwest Empire became public, and the President had ordered his arrest. Infor- mation of the scheme was laid before Congress, and the Senate enacted to suspend the writ of habeas corpus for three months, but the House did not concur. Financial management had been such as to produce an excess of receipts over expenditures. This excellent condition the President proposed to turn to the account of the country by devoting the surplus to education and national road and canal making. He was however too far in advance, or outside, of his party in this matter to be able to per- suade it to any such general undertaking. A revulsion of sen- timent had set in on the discriminating act against England, passed at the previous session, and the President was given power to suspend the operation of the law till December, 1807. Congress adjourned sine die, March 3, 1807. BURR B UBBLE—v—In the early part of the year 1807 the Burr bubble burst, and he returned, under arrest, to Virginia, the scene of his plots, for trial. W'hat‘he designed to accomplish. THE UNITED STATES. . 317 by his expedition down the Mississippi has never been accurately known. His enemies regarded his scheme as treasonable, having for its object the establishment of an empire in the Southwest so as to control the commerce of the Mississippi. His friends-— rather his excusers, for friends were hardly possible—gave him the credit of a far-sighted enterprise to expel all foreign influence from the region of the Gulf, provide an inviting field for immi- gration, and thus establish Federal sovereignty in a distant and dangerous part of the public domain. However it may all be, his trial was now (May, 1807) on at Richmond, before Chief Justice Marshall. It was far more political than judicial. The Federals, who had denounced the President’s order for arrest as a usurpation of authority, now heaped personal invective on him for his anxious letters to the District Attorney and his .open at- tempts to influence the trial. Nothing, however, served to deter Jefferson. He had no love for Burr, and, further, he felt that his conviction was to be his own vindication for a procedure which was so bitterly denounced as-arbitrary and without precedent. The result was Burr’s acquittal for want of jurisdiction. The defeat of the administration was humiliating in proportion to its anxiety to impress the trial. TENTH C ONGRESS—First Session—Met Oct. 26, 1807, and organized by electing Joseph B. Barnum, Republican, of Massachusetts, Speaker, there being again a Republican ma- jority in both branches. An early session was called to consider the attitude of England. The foreign outlook was by no means ‘assuring. The English treaty of 1806 had been rejected by the President on his own responsibility, because, like the Jay treaty of 1795, it left England at liberty to search American ships and ' impress American seamen. This the Federals stoutly opposed as a bold assumption on the part of the President and because they, being largely the commercial part of the community, were most anxious for some kind of a treaty with England. But above all the snubbing of England by the President led her to stubborn and retaliatory renewal of her aggressions. In June, 1807, the Leopard, a British frigate, attacked the Chesapeake, an American frigate, in Hampton Roads, and forcibly removed four 318 , POLITICAL HISTORY OF seamen, ostensibly English. Here parties swung to and fro and almost embraced. The Federals became indignant at England for this outrage. The Republicans had grown lukewarm toward France, who, though not so boldly, was practising the same in- vasions of neutral rights. Our commerce suffered most from English aggressions, only because England was stronger than France on the water. So great was the destruction of our com- merce that jefferson privately wrote how he had come to regard “ England as a den of pirates and France as a den of thieves.” EMBARGO AC Ii—England’s prohibition of all commerce with France, a similar prohibition by France, blockades by each, searches of neutrals by both, led the President to a proclamatio' against British armed ships entering American ports. To sup. port him in this was the object of the called session. The Re- publicans passed his Embargo bill, against the opposition of the Federals supported by the Randolph Republicans, or guz'ds, as they were facetiously called, both of whom argued that it would retroact on the United States and lead to more complete com- mercial ruin than direct aggression by either England or France had done. The Republicans averred it must be either an Em- bargo or war, and chose the former, not without a modification, however, to the extent of making it operative during the Presi- dent’s pleasure. The Embargo Act passed Dec. 21, 1807, by a vote of 87 to 35 in the House and 19 to 9 in the Senate. It prohibited American vessels sailing from foreign ports, foreign vessels taking cargoes from American ports, and all coasters from landing cargoes elsewhere than in the United States. It proved to be a veritable boomerang, as the Federals had pre- dicted. Congress adjourned April 2 5, 1808. ELECTION OF I808.——Duri_ng the summer and autumn of 1808 sentiment was shaping for the Presidential contest. For a long time (since 1806) Randolph had been actively engineer- ing the cause of Monroe, who was Minister to England, against Madison, whom jefferson had been coaching for his successor. But the Congressional caucus nominations at the called session had resulted in the nomination of james Madison, Va., for Presi- dent, and George Clinton, N. Y., for Vice-President, on the part THE UNITED STATES. 31 9 of the Republicans, and C. C. Pinckney, S. C., for President, and Rufus King, N. Y., for Vice-President, on the part of the Fed- erals. Jefferson, like Washington, had been requested to accept a third term but declined. The issue turned on the Embargo Act, the Federals denouncing it as unconstitutional, as destructive of American commerce, and as tending to help England as against France—a cunning argument in view of previous Re- publican favoritism for France, yet one whose truth was daily becoming apparent. They carried their opposition to the verge of physical resistance along the New England coast, and really - lost sight of the political situation in their vehement desire to force the repeal of a destructive and obnoxious law. The result in November was a majority of Republican electors, though by no means as large as that for Jefferson. TENTH CONGRESS—Second Session—Met Nov. 7, 1808. Opened with protests against English and French aggressions, and an attempt of the Federals to repeal the odious Embargo Act, whose operation had by this time driven them to commer- cial despair. The President was informed by John Q. Adams, who had resigned from the Legislature of his State (Mass) be- cause his advocacy of the Embargo had drawn public censure, that it would be impossible to further enforce the act in New England, and that a scheme of open resistance was already in course of preparation. However truthful this might have been—- it was stoutly denied,——-and however much it may have been a part of Adams’ wish to thus secure administrative favor—he was soon after sent as minister to Russia,—-it is certain Jefferson changed front on the question, and with him the entire Repub- lican party. The bill was repealed, the repeal to operate on and after March 4, 1809, and a simple Non-Intercourse Act substi- tuted. The Republicans even went so far as to pronounce in favor of an American navy, and full protection of American rights on the high seas. Had this wonderful surrender taken place a few months earlier, the Federals must have swept the country in the Presidential contest. But it was shrewdly post- poned till after the verdict had been recorded. The electoral votes were counted in February. Madison had 320 - POLITICAL HISTORY OF for President 122, and George Clinton 6. Pinckney had for President 47. For Vice-President Clinton had 113, King 47, and 15 were scattering. Congress adjourned sine die March 4, 1809. Madison and Clinton were sworn into office March 4, 1809. VI. MADISON’S FIRST ADMINISTRATION. March 4, I809—March 3, 1813. JAMES MADISON, VA., President. GEORGE CLINToN, N. Y., Vice- President. Congresses. Sessions. _ ' I, May 22, 1809—June 28, 1809, extra session. ELEVENTH CONGRESS. 2, November 27, 1809—May I, 1810. 3, December 3, ISlo—March 3, 1811. 1, November 4, 1811—July 6, 1812. 2, November 2, I812—March 3, 1813. ELECTORAL VOTE.* TWELFTH CoNGREss. Republicans. Federals. Basis of j. Madi- G. Clinton; 6:. c. Pinck- R. 15;; States. 33,000. Votes. son, Va. N. Y. ney, S. C. N. Y. Connecticut . . . . . . . 7 9 . . . . 9 9 Delaware . . . . . . . . . I 3 . . . . 3 3 Georgia . . . . . . . . .. 4 6 6 6 . . . . Kentucky......... 6 8 7 7 .. Ivacancy. Maryland . . . . . . . . . 9 11 9 9 2 2 Massachusetts . . . . . I7 19 . . . . 19 19 New Hampshire.. .. 5 7 . . . . 7 7 New Jersey........ 6 8 8 8 .. New York . . . . . . .. 17 19 13 13 Se. Sc. North Carolina. . . . 12 I4 11 11 3 3 Ohio . . . . . . . . . . . . . I . 3 3 Sc. . . . . Pennsylvania . . . . . . I8 20 20 20 . . . . Rhode Island.. . . .. 2 4 . . . . 4 4 South Carolina. . . . 8 10 10 10 . . . Tennessee . . . . . . . . 3 5 5 5 . . . . Vermont . . . . . . . . . . 4 6 6 ‘ . . . . Sc. Virginia . . . . . . . . . . 22 24 24 24 . . . . Totals... .....142 176 122 113 I7— 71-7- THE CABINEYTT Secretary of State . . . . . . . .Robert Smith, Md. - Secretary of Treasury. . . . .Albert Gallatin, Pa . . . . . . . . . . . . . . Continued. * Of those marked scattering Clinton received 6 for President, and for Vice-Presi- dent Madison received 3, John Langdon 9, and James Monroe 3. ' 1' The Cabinets as here found are those first organized by the incoming administra- tions. For the changes and all incumbents see the respective department heads under \ “ Ruling Nationally.” THE UNITED STATES. ‘ 321 T he Cabinet—Continued. Secretary of War . . . . . . . .William Eustis, Mass. Secretary of Navy . . . . . . . .Paul Hamilton, S. C. Attorney-General . . . . . . . .C. A. Rodney, Pa.. . . . . . . . . . .Continued. Postmaster-General . . . . . . . Gideon Granger, Conn . . . . . . . . . . “ POLITICAL SI T UA T I ON.—The Republicans were on the eve of an entire change of policy. Jefferson had adroitly handled the old Federal policy of neutrality so as to keep a show of firm- ness, and at the same time avoid armed conflict with England or France. On the score of economy he opposed high taxes, a navy, an army. Madison fell heir to this policy. When Erskine, British Minister, mistakingly informed him that Eng- land desired peace, Madison immediately suspended the Non- Intercourse Act, as he was authorized by its terms to do, so far as England was concerned. But when England repudiated the conduct of Erskine, the President had to restore the operation of the act. Whether this was sheer double-dealing on the part of England, or only a Republican trick to influence sentiment, as the Federals claimed, from that time on the drift toward war was too strong for the Republicans to resist. The schism in the ranks of the party left an active minority to operate on the strict party flanks. It was a time when a body of new leaders, active and strong, could walk away with the organization and shift its ancient policy. From this time on, too, we begin to hear popular mention of the word Democrat. As admiration for France, which had made the word Republican popular, subsided, as Jacobin and Democrat were no longer offensively identical, and further as there were two schools of thought in the Republican ranks, one newer and more aggressive than the other, it became com- mon for the older to designate themselves as Democrats, that is, the true Republicans, the primitive Democratic-Republicans._ ELEVENTH C ON GRESS—Extra Session.--Met May 22, 1809, with a Republican majority. Organized by re-electing Joseph B. Varnum, Mass., Speaker. The only matter before it was the President’s suspension and reassertion of the Non-Inter- course Act. After affirming his action Congress adjourned, June 28, 1809. ELEVENTH C ONGRESS—F irst Regular Session.-—Met 21 322 ' POLITICAL HISTORY OF Nov. 27, 1809. The Non-Intercourse act was continued, and the British Minister was censured for contradictory statements and obtrusive conduct. France had shrewdly shaped her com- mercial policy so as to’ receive all the benefits of the American position. This galled England all the more, and as a conse- quence her attitude became more hostile. In advocacy of her right to Search American vessels for deserted British seamen, she announced as final the doctrine, “Once an Englishman, al- ways an Englishman.” During the session the Republicans had a large majority and shaped legislation without much dissent from the Federals. Adjourned May I, 1810. ELEVENTH CONGRESS—Second Session._—Met Dec. 3, 1810. The Non-Intercourse Act was repealed as to France and continued as to England. This threw both England and Amer- ica on their mettle. But the administration was not yet done with its economic and peace ideas. The National Bank, char- tered in 1791 for twenty years, was asking for a new lease of life. It had, as we have seen, secured the favor of a charter through a momentary spasm of liberal construction on the part of strict interpreters of the Constitution. Such a spasm was _ not now on, though it had so many Republican friends in both branches that the bill granting a new charter was defeated by only one vote in the House and by the casting vote of the Vice- President in the Senate. It therefore wound up its business and ceased to exist. The attitude of Federal and Republican on this question of a national bank became, in after years, that of Whig and Democrat on the same question. Congress adjourned sz'ne dz'e, March 3, 1811. T WELFT H C ONGRESS—First Session—Met Nov. 4, 181 I. Either the administration must accept the idea of forcible resistance to England or go to the wall. American vessels, es— timated at 900, had been captured since 1803. American com- merce had become a thing of the past. It would not do to allow the idea to grow further that the Republicans were aiming a blow , at commercial New England by persistence in their suicidal policy of dilly-dallying diplomacy and devouring peace. A new order of men came to the front. Henry Clay, Ky., was elected THE UNITED STATES. I 323 Speaker. John C. Calhoun, S. C., became an ambitious and able leader in the House, as did William H. Crawford, Ga., in the Senate. Fortunately none of these new leaders, fully imbued with the war spirit, thoroughly determined on a change from the economic, hesitating, and now cowardly, policy of Jefferson and Madison, were mistrusted by Madison. Clay had been his firm friend, and had come out of a two-term career in the Senate the better to lead on the wider plane of the House. Therefore their work of swinging the administration and the party from its peace moorings was comparatively easy. During the session, and against the opposition of the Federals and a Republican minority, bills for increasing the navy and organizing the militia were passed. Whatever scruples the President may still have had about accepting the situation and affirming this heterodox legislation was overcome by the intimation that his renomination depended on his acquiescence. He therefore fell fully in with the new leaders, and made his expose of the Henry documents * whichso outraged the sentiment of New England, but which brought from Congress the action designed, viz., a resolution de- nunciatory of England for an attempt to divide a friendly nation. This was followed by an Embargo on American shipping for ninety days, which of course brought an announcement from the English Minister (May 30, 1812), which was supported by the Parliament, that England would not change her policy toward neutrals. DECLARATION OF WAR—A message from the Presi- dent, June I, 1812, referred to a committee, brought a report _which, as a summary of grievances, complained of the British orders in council, of the unfair system of blockades of the French ports, of the refusal to settle claims for damages, and, last but not least, of the searching of American ships and impressment of American seamen.‘ It recommended a declaration of war. A *The President made this expose in a special message. The documents, he said, he bought of one John Henry for $50,000. They purported to show how Henry had been a- Canadian agent sent to influence New England Federals to join their cause with that of England. The British Minister denied all knowledge of such agent or agency. 324. POLITICAL msroav or war act was consequently passed and promptly signed by the President (June 18, 1812), who had by this time received a second nomination for the Presidency and who was acting in strict con- cert with the war wing of his party. At first the declaration of war was received with applause. But a reaction soon set in. The Federals of New England published a protest against it as sectional and not national, the act of a party and not of the country. Strictly construing the Constitution, Massachusetts and Connecticut refused to permit their militia to go beyond the boundary of their States till an actual invasion had taken place. To answer them the Republicans became liberal interpreters of the Constitution and would obliterate State lines and forget all about State rights in order to present a solid national front to the foe. Louisiana had become a State in the Union, April 30,1812. TARIFF OF 1812.—Madison had urged in his message a re- vision of the Tariff. The new leaders took it up. Calhoun and Lowndes favored Clay's new doctrine that the Protective idea ought not any longer to be secondary to the Revenue idea. South Carolina was then a high protection State, England hav- ing levied exorbitant duties on raw cotton. Here was a marvel- lous shifting of party doctrine. The Republicans became such liberal interpreters of the Constitution that they not only swung to the Protective notion, but actually used the report of Hamil- ton, which brought the earliest Tariff acts, in vindication of their position. The Federals, in their weakness, forgetfulness of party traditions and determination to see nothing good in the adminis- tration, swung clear over to the abandoned strict construction doctrine of their political enemies, and through such as Webster (then in the House) and others opposed the‘ Protective thought. Sentiment on this Tariff act ought to be carefully noted. It was the beginning of that division in the Republican party which prepared the way for “ The American Idea,” for “Internal Im- provement,” and for the Whig organization, which was Clay’s outlet from the strict construction columns. Indeed, even at this session a bill for internal improvement was passed under Clay's leadership, which Madison vetoed. The tariff act was THE UNITED STATES. 325 passed July 1, 1812, and it marks the highest rates of duty reached from the foundation of the goveriiment till 1842. Sugar went from 2% cents per pound to 5; coffee from 5 cents per pound to 10; tea from 18 cents per pound to 36; pig iron from 17% per cent. to 30 ; bar iron from 17% per cent. to 30 ; glass from 22% per cent. to 40; manufactures of cotton from 17% per cent. to 30; woollens from 17 per cent. to 30; silk from 15 per cent. to 25. Congress adjourned July 6, 1812. ELECTION OF 1812.—We have seen the conditions upon which Madison was permitted to become a candidate for a second term. But he still had opposition. De Witt Clinton, N. Y., who would have been the candidate in case Madison had declined to wheel into the war line, refused to be bound by the bargain. The other Republican States had become jealous of Virginia’s claim to be “the home of Presidents.” Clinton moved on this line, secured the nomination of- the New York Legislature and issued an address (“ Clinton’s Platform”) protesting against caucus nominations of Presidential candidates, the continuance of public men in office for long periods, the claim of particular States to monopolize principal offices, and “that official regencywhich prescribed tenets of political faith.” His followers became known as Clintonian Democrats. Madison was nominated in May, 1812. John Langdon was nominated for Vice-President, but declining on account of age, Elbridge Gerry, Mass., was substituted. The Federals, taking advantage of the schism in the Republican ranks, met in caucus in New York city and nominated De Witt Clinton for President, with Jared Ingersoll, Pa., for Vice-President.* The election came off in November. A large majority of Republican electors was chosen. The Congressional elections resulted also in a majorityof Republican members favorable to the war. T WELFT H C ON GRESS—Second Session—Met Nov. 2, 1812. There was a slight adjustment of parties on account of * Eleven States were represented in this caucus or convention. It was a bitterly partisan body, determined to see nothing good in any act of Madison, and as an evidence of its desperation, willing to support a soured ‘Republican in order to de- feat the regular Republican nominee. 326 ' POLITICAL HISTORY OF the war. Some Republicans voted with the Peace Federals, but they were more than' offset by War Federals voting with the straight Republicans. There was but little opposition from any source to anincrease of the navy, which had already won the right to be encouraged by proving a match for the best equipped ships of England. Other measures of war were carried by Re- publican votes. The count of the electoral vote was made in February, and showed 128 for Madison and 89 for Clinton. For Vice-President 131 for Gerry and 86 for Ingersoll. Congress adjourned March 3, 1813. The candidates elect were sworn into office, March 4, 1812. ‘ VII. MADISON’S SECOND ADMINISTRATION. March 4, 1813—March 3, 1817. jAMEs MADISON, VA., Preszdent. ' ELBRIDGE GERRY, MAss., Vice- President. Congresses. Sessions. 1, May 24, 1813—August 2, 1813, extra session. THIRTEENTH CONGRESS. 2, December 6, 1813—April 18, 1814. 3, September 19, 1814—March 3, 1815. 1, December 4, ISIS—April 30, 1816. 2, December 2, I816—March 3, 1817. ELECTORAL VOTE. FOURTEENTH CONGRESS. Republicans. Fed. or Clinton Dem. Basis of _T'Madi- Elbridge Ger: [De Witt jared IngerI States. 35,000. Vote. son, Va. ry, Mass. Clinton,N.Y. 5011, Pa. Connecticut . . . . . . . 7 9 . . . 9 9 Delaware......... 2' 4 .. .. 4 4 Georgia . . . . . . . . . . 6 8 8 8 . . . . Kentucky . . . . . . . . . 10 12 12 12 . . Louisiana . . . . . . . . . I 3 3 3 . . Maryland . . . . . . . . . 9 I I 6 6 5 Massachusetts. . . . .. 2o 22 . . 2 22 20 New Hampshire. . . 6 8 I 7 New jersey . . . . . . . . 6 8 . . . . 8 8 New York . . . . . . . . 27 29 . . . . 29 29 North Carolina. . . . I3 15 15 15 . . . Ohio.‘ . . . . . . . . . . .. 6 8 7 7 - . . 1 Vacancy. Pennsylvania . . . . . . 23 25 25 25 . . ., . Rhode Island. . . . .. 2 4 . . . . 4 4 South Carolina. . ‘.'. 9 1 1 1 1 I 1 . . . . Tennessee . . . . . . . . 6 8 8 8 . . . Vermont........... 6 _ 8 8 8 ,, Virginia. . . . . . . . 23 . 25 25 25 al: Totals. . . . . .382 218 128 T371- '8; THE UNITED STATES. 327 THE CABINET. Secretary of State . . . . . . . . . .James Monroe, Va . . . . . . . .Continued. Secretary of Treasury.. . . . . ..Albert Gallatin, Pa.. . . . . “ Secretary .of War . . . . . . . . . . .John Armstrong, N. Y. . . . “ Secretary of Navy . . . . . . . . . .William Jones, Pa . . . . . . . .. “ Attorney-General. . . . . . . . . . .William Pinckney, Md. . . .. “ Postmaster-General . . . . . . . . .Gideon Granger, Conn. . . .. “ THIR TEEN T H C ON GRESS—Extra Session.———Called May 24, 1813, to provide means for the war. House organized by re- electing Henry Clay, Ky., Speaker. I Republican majority greatly reduced in both House and Senate, the vote on the Speakership being 89 to 54, though the latter were not all Federals, but partly anti-war Republicans. In the Senate there was a strong faction of anti-administration Republicans. After meeting the object of its call the Congress adjourned, Aug. 2, 1813. WAR SEN T IMEN T.—It was already manifest that the war was destined to be unpopular with the country. Do their best the Republicans could not keep up a furore respecting it. The Federal sentiment, still strong in the Eastern States, was pro- nouncedly against it. The Embargo, while it may not have been designed as such, was a cruel blow at the centres of com- merce. The peace faction in the Republican ranks was grow? ing more out-spoken. England, in order to encourage a wider division of sentiment between the Eastern and other States, had actually gone so far as to exempt them from her blockade of the Atlantic coast, and it was charged by the Republicans that at the port of New London, Conn., the departure ‘of American ves- sels was secured, notwithstanding the Embargo, by means of blue light signals to the English blockading fleet. T HIRT EENT H C ONGRESS—First Regular Session—Met Dec. 6, 1813. Financial subjects, relating to the war, were chiefly uppermost. But in view of alleged violations of the Embargo Act by New England mariners a stricter act was passed, embrac- ing all ships, large and small. The war was in the midst of its greatest activity.‘ Congress adjourned April 18, 1814. , . THIRTEENT H CONGRESS—Second Session—Called as early as Sept. 19, 1814, to consider negotiations for peace which had been begun in August, soon after the 'capture and burning 328 POLITICAL HISTORY OF of Washington by‘the English, and when it had become appa- rent that the provisions to meet vigorous and protracted war were as inadequate as was the popular sentiment to further sus- tain it. England had gotten rid of her home adversary, Napo- leon, and was at liberty to direct her undivided attention to America. She had long since revoked her orders in council and was only insisting on her right to search American ships and impress her deserting seamen. The administration, in view of the entire situation, had therefore wisely instructed its commis- sioner abroad to negotiate for peace without insisting on rectifica- tion of the “ search and impressment ” grievances. But as this showed weakness, the English‘ grew bold, and would not only have no American fleets or military posts along the Great Lakes, but a permanent Canadian barrier erected in the shape of an Indian Confederacy. HARTFORD CON VENT ION.—-The administration and its active Republican support were.in a quandary. The weakness of ‘abject surrender must be confessed, or resort must be had to those reserved powers which strict interpreters of the Constitu- tion had ‘ever denied to the government. The War Department favored a more imposing and effective army, by means of a draft and the enlistment of minors. The Navy Department pro- posed to impress seamen, after the English fashion. Every effort was made by the administration to recover lost ground, put on a front worthy the American name, and fight the war to a successful end. But it was too late in the day. The Presi- dent’s own party could not be imbued with his suddenly assumed , liberal construction notions. His radical war measures were either defeated or coldly favored. Beyond, the situation was appalling. England held vantage ground in Maine and along the northern border. New England had been almost entirely neglected by the government. Every war measure thus far had been more destructive to her industry and wealth, and more dis- paraging to her people, than to the overt enemy. Massachu- setts invited a conference (Oct, 1814) of the New England States “to confer on the subject of their public grievances.” This met at Hartford in December, 1814, and sat for three THE UNITED STATES. 329 weeks. It was the historic Hartford Convention, so odious to Republicans, ‘so dear to Federals. Its secret proceedings aroused suspicion and drew on its members and their cause a denunciation than which nothing could be more bitter, and a proscription even, which was the knell of their party importance. So far were the charges of treasonable design carried that, years afterwards, it was deemed proper to break the seal of secresy and publish the entire proceedings, but too late, of course, to 3 remove the stigma which inflamed partisanship had fastened to the event.* WELCOME PEA CE.—-The treaty of Ghent had been signed Dec. 14, 1814, and in February, 1815, the text reached the country. Notwithstanding the fact that it was a barren paper, scarcely touching on the causes of the war and securing not one of the objects for which it had been declared, it was received with universal rejoicing. The President felt that it was a happy escape for himself and party from dire financial straits, and the Federals regarded it as the lifting of a heavy load from our commercial industry and the end of a farcical and iniquitous proceeding throughout. But the latter never escaped from the political issues the war had raised. Their decay, as a power, was, thenceforth rapid. Peace eventuated in a return of pros- perity and plenty to the land. *Juclged by the proceedings the convention was not only timely and orderly, but representative of grievances which were hardly to be borne, and which ought never to have existed. It was simply unfortunate in its manner of deliberation, and in the fact that the close of the war shut off public presentation of its protest and resolu- tions to the government. The resolutions opposed (1) drafts, conscriptions or'im- pressments not authorized by the Constitution. (2) A plan whereby the respective States or sections might defend themselves against the enemy and pay for the same, the central government to reimburse them. ( 3) A full militia for each State, with power to detach a portion at the request of other States, when invaded. (4) Seven amendments recommended to the Constitution: (1) Representatives and direct taxes to be apportioned among the States in proportion to the number of free persons. (2) Admission of States only on vote of two-thirds of both Houses. ( 3) No embargo beyond sixty days. (4) No interdiction of commercial intercourse except by two-third votes of both Houses of Congress. (5) No declaration of war except by vote of two-thirds of both Houses. (6) No naturalized person to be eligible to ‘Congress. (7) No second term for the President, nor any President from the same State twice in succession. A fifth resolve provided for the reassembling of the convention in case these resolutions did not bring redress. 330 POLITICAL HISTORY OF Congress had easy work the balance of the session, repealing war legislation and reducing everything, except the navy, to a peace footing. It adjourned sz'ne dz'e, March 3, 1815. POLITICAL RES UL T S.——The war had been a lesson to the Republicans. It taught them that however captivating-the strict construction notions of their party had been, and however pleasant it was to indulge them as theories in time of peace, exigencies might arise when they would prove a source of weak- ness to their professors. As a consequence, they had advanced up to the old Federal plane, and many of them were firmly entrenched on it. The Federals, having no cohesive force, not even a reason for their name, after their mission in successfully establishing the government had ended, and after the acceptance of the fact of its existence as well as their cardinal principles, by the Republicans, floundered about on the negative of issues presented by their opponents, and at last were ready to dis- integrate. It might be said that so far as the Old lines went, there was ‘no political party after the war. The Federal name was hardly used or usable. The Republican name was used to hold together a sentiment which was widely variant from and far in advance of its authors. FOURTEENTH CONGRESS—First Session—Met- Dec. 4, 1815. The situation had enured to the benefit of the Republi- cans, and they. had a pronounced majority in both branches. The House organized by re-electing Henry Clay, Speaker. April 27, 1816, an amended tariff act was passed, which reduced the duties imposed by the act of 1812. Discussion of it brought a distinct announcement of the idea of protecting the Ameri- can industries which had sprung up since the war and whose existence was threatened by the importation of cheaper English goods. But this idea failed to influence the bill favor- ably. . A NEW BANK—Madison had vetoed a bill to recharter a National Bank, only the year before (1815). Clay took the ground that the experiences of the war showed the necessity for a national currency and for a national financial agency like a bank. Though this was again counter to the traditional strict THE UNITED STATES. 33] construction views of the Republicans, and though it met the determined opposition of the once liberal construction Federals, and of a minority of the Republicans, a National Bank charter was authorized, April, 1816, to run ‘for twenty years, or until 1836. Strange to say it was modeled on that of [791 which the Anti-Federals had unsuccessfully opposed, and on that of 1811, which the Republicans had successfully opposed, and the argu- ments for its support were a repetition of those framed and used by Hamilton, together with those supplied by the success of his first financial experiment. The bill was promptly signed by the President, and a new National Bank became a fact. The rest of the session was consumed in legislation on internal affairs. Congress adjourned April 30, 1816. ELECTION OF 1816.—The administration favored James Monroe, Va., then Secretary of State, for President. The Con- gressional caucus of the last session carried out its wishes, but against an earnest party protest, which secured fifty-four votes in the caucus for W. H. Crawford, Ga. to sixty-five for Monroe. This action did not satisfy Burr and some other extremists, who attempted to break the caucus nomination by denouncing the caucus system, opposing Virginia’s attempts to dominate the politics of the country, and finally favoring the nomination of Andrew Jackson. The original nomination stood, and that of Daniel D. Tompkins, N. Y., was added to it as Vice-President. The Federals nominated Rufus King, N. Y., but divided their votes for Vice-President. The result in November was their overwhelming defeat, they carrying only Massachusetts, Con- necticut and Delaware. FOUR TEEN TH C ON GRESS—Se'cond Session—Met Dec. 2, 1816. No measures of party interest came up. The Electoral count, in February, showed 18 3 votes for Monroe for President, and 34 for King; 183 for Tompkins for Vice-President, and 34 scattering. Indiana was admitted as a State Dec. 11, 1816. Congress adjourned sine die, March 3, 1817. The President and Vice—President were sworn into office March 4, 1817. ' 332 _POLITICAL HISTORY. VIII. MONROE’S FIRST ADMINISTRATION. March 4, 1817—March 3, 1821. JAMES MoNRoE, VA., President. DANIEL D. ToMPKINs, N. Y., Vice-President. Congresses. Sessions. 1, December 1, 1817-April 20, 1818. 2, November 16, I818-March 3, 1819. 1, December 6, 1819—May 15, 1820. 2, November'13, 1820—March 3, 1821. ELECTORAL VOTE.* F IFTEEN'I‘H CoNGREss. SIXTEENTH CoNoREss. Republican. Federal. , Daniel D. States. Basis of James Mon- Tompkins, Rufus King, No nom- 35,ooo. Votes. roe, Va. N. Y. N. Y. ination. Connecticut . . . . . . . . 7 9 . . . . 9 sc. Delaware . . . . . . . . . . 2 4 . . . . 3 sc. Georgia............ 6 8 8 8 . .. Indiana . . . . . . . . . . . . I 3 3 3 . . . Kentucky . . 10 12 12 12 .. .. Louisiana.......... 1 3 3 3 - .. .. Maryland........... 9 11 8 8 .. .. Massachusetts . . . . . . . 20 22 . . . . 22 sc. New Hampshire. . . 6 8 8 8 . . . New Jersey . . . . . . . . 6 8 8 8 . . . . New York . . . . . . . . . . 27- 29 29 29 . . . . North Carolina...... 13 15 I5 15 .. .. Ohio . . . . . . . . . . . . . . 6 8 8 8 . . . . Pennsylvania . . . . . . . 23- 25 25 25 . . . . Rhode Island . . . . . . 2 4 4 4 . . . . South Carolina. . . .. 9 11 11 II . . . . Tennessee.......... 6 8 _8 8 .. .. Vermont . . . . . . . . . . 6 8 8 8 . . . . Virginia............ 23 25 25 25 .. .. Totals . . . . . . . . . 183 221 183 183 34 THE CABINET Secretary of State . . . . . . . . . .John Quincy Adams, Mass. Secretary of Treasury. . . . . . ._Wm. H. Crawford, Ga . . . . . . . . .Continued. Secretary of War. . . . . . . . . . .George Graham, Va. Secretary of Navy . . . . . . . . . .B. W. Crowningshield, Mass. . . . “ Attorney-General . . . . . . . . . .Richard _Rnsh, Pa . . . . . . . . . . . . . . “ Postmaster-General . . . . . . . . . R. J. Meigs, Ohio.. . . . . . . . . . . . “ THE ‘INA UGURAL.-—Monroe ushered in what was popu- larly known as “The era of good feeling.” The asperities of * There were 4 vacancies. Of the scattering votes, John E. Howard received 22; James Ross, 5; John Marshall, 4; Robert G. Harper, 3. ===========_=_=_:=,_=_=:_=____:_====_===:=:__=_=._____==___=_:_=_=_======_==___===:===_=_.======_===_=====_==_==_=_==_=_=_:== . _=_.. H......_ ._______=___=_____._________======_______==___=__=_e======____=____=_____=_.______= A a . r . . .. - 1r In _ . A .. . . . . .. v v‘ . . .4 r. 'llllllllllIIllllllllllllliIlllllllllllll‘llllllllllll'lllll “real;mulllmllllmullmlnmmmmlmlImmlmtmlututummmi u" - .4’), lummtmmuuImimumummnmumi1mmmImmmlmmmmunmtmlmm I . ...ea... . new... .Mimmlmmmmuuummuml“um '. l lllllllllllllll' L ' lllllllllllllllIlllllllllllllllllilllllllllllll s=.__.==_____==__=_______=§_______=__________=__M_=_._.__W__==_____==_,.=.=____=__A___._==__=.==_____=====._____= .1 333 PRESIDENTS FROM 1817 To 1841. 334 POLITICAL HISTORY OF the war were passing away. Party differences were subsiding, or rather there were no longer' two confronting parties, for the last election had settled the matter of organized Federal oppo- sition. That party passed away, seeing its primary glory repeated in the triumph of the Republicans, and many of its ruling tenets adopted by them as a matter of principle, or put into practice by them as a matter of necessity. Monroe’s inaugural was so liberal in tone that it satisfied men, of whatever shade of political opinion. Like Washington, he made a tour of the Northern States (june, 1817), which added greatly to his popularity. To help “The Era,” business was meeting with a rebound, and the people were prosperous amid most welcome peace. FIFT EEN T H C ON GRESS—First Session—Met Dec. I, 1817, with a large Republican majority. The Federals were so few in number, or so lukewarm in opposition, that the House organized by the unanimous election of Clay to the Speakership. Discussion of the Tariff resulted in extending the act of 1816 for seven years. Propositions to use the dividends of the National Bank, instead of appropriations, and to recognize the revolting colonies of Spain in South America, as Republics, were voted down. Mississippi entered‘ the Union Dec. 10, 1817. Congress adjourned April 20, 1818. . THE RECESS—During the summer jackson made his celebrated invasion of Florida, then belonging to Spain, in order to punish the Indians who had retreated from Georgia. Here he captured and put to death the notorious Arbuthnot and Am~ brister, whom he charged as outlaws. They happened to be British subjects, and this fact, united with the danger of re-open- ing the feuds of the late war, made the matter a delicate one to handle. But the most important political feature of the time was the shaping of sentiment in the direction of a new party. Monroe had followed the new school of Republican leaders, as Clay and Calhoun, through their advocacy of a Protective Tariff, but he could not follow Clay in his advocacy of internal improve- . ment, though his first inaugural inclined to it. Clay’s position had always been conspicuous and his leadership pronounced. He and Calhoun had changed the tardy and damaging peace THE UNITED STATES. - 335 policy of Madison to one of war, and Clay especially had stood head and shoulders above all others in advocating a stronger army and navy. During the last session he had gone still further, and suggested a new use for the Bank, as well as a new foreign policy with reference to the South American Republics. The Federals and liberal Republicans looked with favor on his advanced doctrines, but the old school of strict interpreters looked on them with alarm. These latter defeated his favorite measures of the last session, and thereby threw him on his .own never failing resources. It was more than ever evident that the germs of a new party were pushing in the loins of the dominant organization. I ‘ FIFT EEN T H C ON GRESS—Second Session—Met Nov. 16, 1818. The matter of Jackson's conduct of the Indian (Seminole) war came conspicuously forward. It was proposed to censure him for his execution of Arbuthnot and Ambrister, but after long debate, the matter was postponed indefinitely by the Senate, though a majority against censure was obtained in the House. As long as Jackson lived, his opponents refused to be quieted about what they thought an arbitrary and high-handed pro- cedure. The controversy resulted in one good. The govern- ment, tired of the ever recurring complications with the Indians, Spaniards, and British adventurers in Florida, determined to buy the territory, authority to do so having been given by Congress years before (1806). Then came one of those unaccountable blunders which, supplemented in after years by the pride of undoing and by the fierce sectional and aggrandizing spirit of the time, cost the country the sacrifices of a war. In considera- tion of $5,000,000 and the abandonment of all claims to French Louisiana west of the Sabine by the United States, Spain ceded Florida, Feb. 22, 1819. West of the Sabine meant Texas, and the recovery of Texas meant the Mexican war (1846). MISSOURI AND SLA VERY—Illinois became a State of the Union Dec. 3, 1818. Long before this the policy of off— setting a free by a slave State prevailed. This at first was de- signed to keep up a balance of parties and to take full and legal ‘ advantage of the Constitutional clause which gave representa- 336 ' POLITICAL HISTORY OF tion to three-fifths of the slave population. But it had gotten to mean vastly more, as sentiment divided on the rightfulness of slavery, and was to mean more and more as time went on. Mis- souri asked the Congress to admit her as a State. The one thing unusual about her situation was that she was beyond the Mississippi, whither the recognized lines of division—Mason and Dixon line of 36° 30’, and the Ohio River—between the Slave and Free States did not extend. An amendment was offered to the . bill to admit her, drawn in the language of the ordinance of 1787 for the government of “The Territory Northwest of the Ohio River,” prohibiting slavery or involuntary servitude in Missouri, except as a punishment for crime. The amendment was so sud- den and unexpected that parties sat for a time with bated breath and never recovered their lines on the question. It became a test of Free States against Slave States, and the former proved strongest-in the House, carrying the amendment. The latter proved strongest in the Senate, and defeated it. This was the injection of slavery into politics, and the beginning of its ex- tinction. A common, or almost, Colonial existence for it had been gradually narrowed to a line, south of which it had come to be regarded civilly as a necessary and entailed evil, industri- ally as a source of profit, and politically as a potential force.* The Congress adjourned sine die, March 3, 1819. SIX TEEN T H C ONGRESS—First Session—Met Dec. 6, 1819. Clay was again elected Speaker by an almost unanimous vote. The advance made by his liberal construction views may be measured by the passage in the House of a Tariff bill which * Historically, the first sectional debate over slavery arose in 1793, on the presen_ tation of a petition to Congress from a “ Philadelphia Society,” appealing to it “ to use its influence to stop the traffic in slaves.” At that time members arrayed them- selves in debate, not according to party, but according to States, and some Southern debaters, of ultra turn, went so far as to protest, even to the extent of civil war, against interference with slavery. All saw the possibility of the question becoming, at no remote date, a political if not a dangerously partisan and sectional one. The apprehensions of the hour were quieted by the passage of the first Fugitive Slave law, Feb. 12, 1793. This date is significantly coincident with the invention ‘of Whitney’s cotton gin, which gave to slave labor a profit never before realized, and cemented it into an institution to be defended at all hazard. THE UNITED STATES. 337 definitely affirmed the Protective idea, but which the Senate re- jected. As the discussion of this bill was dispassionate, and the large Republican majority fairly divided on it, it is a proper place to get such a view of the politics of the Tariff as will ex- tend even to the present day. The Protective idea as projected into the Tariff legislation of that time was justified by those who favored a liberal construction of the Constitution. They found in the power “to regulate commerce and provide for the com— mon defence” a warrant not only to raise necessary revenue by means of a Tariff, but a right to make that Tariff a protective one, that is, a means of fostering domestic manufactures and thus creating a home market forhome agricultural products. As a corollary to this hung, or grew, the plan of Internal Im- provement, which depended not more on a liberal construction of the Constitution, but which was thought by its opponents to belong to the States. On the contrary, those who clung to a rigid construction of the Constitution granted the right of the government to provide for its expenses and pay ‘its debts by means of money raised by a Tariff on imports, but they regarded a Tariff, so arranged as to protect American manufactures against foreign competition, as a usurpation of the powers conferred, or intended to be conferred, by the Constitution.* MISSOURI COMPROMISE—Maine applied for admission into the Union. She was populous, ready, and anxious to es- cape her Massachusetts allegiance. But the Free States would then preponderate in the Senate. Missouri again asked for leave to form a State government.‘ Maine was voted in by the House. Missouri was granted permission, but with the amend- ment of the last session, prohibiting slavery, the vote being en- tirely sectional. The Senate threw the responsibility back on the House by combining the bills, as originally presented.(the *The terms “Free Trade,” “ Tariff for Revenue” and “ Tariff for'Rievenue only” were not then as common as now. Then the question of Tariff, ‘in ‘the af- firmative, was a question of Constitutional construction and a national policy; in the negative, a questiomof Constitutionalconstruction anda State policy. Now, so generally do the liberal construction views prevail, the question is no longer one of right or wrong construction of the Constitution, buta'one of policy ‘entirely, a policy, however, which still divides sentiment and supports parties. 22 338 POLITICAL HISTORY. Missouri bill with slavery), and passing them. This action the House rejected. Clay, ever full of expedients, ‘came forward with his compromise—the historic “Missouri Compromise of 1820.” It brought about the admission of Maine, March 15, 1820, and gave leave to Missouri to form a State government with slavery. It also prohibited slavery in all territory of the United States north of 36° 30', in otherwords, it extended the already familiar Mason and Dixon line through to the Pacific,* or at least as far as the western boundary of Missouri. Con- gress adjourned May I 5, 1820. ELECTION OF 1820.—This election passed off without nominations by either party. The electors chosen cast their votes by common consent for Monroe and Tompkins, one how- ever voting for john Q. Adams. SIX TEEN TH C ON GRESS—Second Session—Met Nov. 1 3, I820. Clay's resignation of the Speakership gave opportunity for a square test of strength between the liberal and strict schools of Republicans. A warm fight for his successor resulted in the choice of john W. Taylor, N. Y., who was equally advanced with Clay in the matter of Protective Tariff and Internal Improvement, and who was opposed, far more earnestly than Clay, to the extension of slavery in the Territoriesfl' The heat of this con- test was transferred to Missouri's claim for admission as a State, she having now prepared a State government, with a clause in the Constitution prohibiting free negroes from entering her bounds. As a free negro was a citizen in some of the Northern * Clay’s compromise barely got through the Congress. In the Senate it was car- ried by Senators from the Southern and Slave States, against fifteen Senators from the Free States. In the House it was carried by a vote of 86 to 82, thirty-five of the latter being from Slave States and its bitterest opponents. Randolph denounced it as a “ dirty bargain," and called those “ Northern men with Southern principles ”- who were ashamed of them or afraid to Stand up for them “ doughfaces,” a term which was in convenient and Sarcastic use for forty years. The compromise bill was then regarded by its opponents as unconstitutional. The seeds of repeal were in its passage. 1' So offensive was this election to the extreme Southerri members, or rather so significant was it of the growth of liberal construction ideas in the Republican ranks, that they chose to see in it a menace to the institution of slavery, and actually debated a proposition to secede from the Union. d. l". w )M ultlljmfiumw " ‘"‘l A‘. l , b “In ‘I ‘l mull‘, if, , II I‘ ‘ . "_‘7' if :_ J ' _ ‘ll ‘.' ‘(l . "W, i l T ‘"1" A .' I" - ‘l I it‘ . , ‘I . ‘ ' - I ~ , , l’ H ‘ It" _ "",.' ' I I ' ’ ~ ~ ' Witt.“ ' ‘1" ‘v I I I. I‘ i ' ‘ “ ‘. i ..I it ’ 4 i ‘ ‘ I i I I ' all I - g I l I I. ‘ ‘ ‘ ‘l I ‘ i ‘ .‘II ‘D ' ‘ . i ‘l I ‘ ".Ih It vll "t" F u ~ " ‘ ,1. I. -‘ “I. b’ .‘v " " , 7. I~ l l I ‘ I>| , I ‘- I , < i I.‘ I I ‘ ‘I: , , ‘ , ‘ ‘I - " ' thW‘illnllIil’linlit . '/ It)‘ II ‘In J I , , I A I 11ml‘ 1 , ‘ r ‘ ~ ‘4”’ " I‘ I i’ IIIII My. 0 I ‘- i‘ " ulglwlllllmlmfl ‘I J I "I, ‘l ,“ I4; " ‘ ‘ ' --u-o.I-~n_ '---u.— -w‘ “gn-Ot-o—c— » 1 _ - HENRY CLAY ADDRESSING THE U. S. SENATE. 339 340' POLITICAL HISTORY OF States, this was regarded, in its unqualified form, as unconstitu- tionally and offensively restrictive. ' Debate over the matter'took all the latitude incident to discussion of the slave question and involved all its bitterness. Not until Clay again came forward With measures of peace did the contention subside. His propo- ' sition admitted the, State, provided the Constitution were so amended as to recognize all the citizven'sof other States. Her Legislature did this in June, 1821, and ‘she became a State Aug. 10, 1821-. i '4 ' I The electoral vote was counted in February, and the status of Missouri came up. Denying the right .of Congress to interfere with slavery within her borders, the Southern members claimed that she was already a State, and so determined to _count her electoral vote. The Northern members, claiming authority of Congress over all Territories for any purpose, until fully qualified to enter as'S'tates, determined that her electoral vote should not be counted. After an angry discussion, another compromise was effected, which counted the vote with an “if.” “If” her vote were counted, James Monroe would have 234, out of 235, and John Adams 1, for President, and Daniel D. Tompkins would havei221 for Vice-President, with 13 scattering. “If,” on the contrary, her- vote were not counted there would be a total of only 232, and the’ Monroe and Tompkins vote would be reduced to 231 and 218, respectively. Congress adjourned sine a’ie, March 3d, 1821. The candidates—elect were sworn into office March 5, '1821',"the 4th falling on Sunday. MoNRoE's SECOND ADMINISTRATION. 1 March 5, 1821—-—Mar_ch 3, 1825. JAMES MoNRoE, VA., President. DANIEL D. ToMPK1Ns, N. Y., i - Vice-President. Congresses. - Sessions. 1, December 3, 182I—May 8, 1822. 2, December 2, 1822—March 3, 1823. 1, December 1, 1823—.May_.27, 1.824. . 2, December 6, 1824—March 3, I825. ' SEVENTEENTH CONGRESS. EIGHTEENTII CoNcREss. THE UNITED STATES. ‘ 341 ELECTORAL VOTE.* Republican. Basis of James Mon- Daniel D. Tomp: States. 35,000. Vote roe, Va. kins, N. Y. N0 opposition Alabama . . . . . . . . . . . 1 3 3 3 Connecticut . . . . . . . . 7 9 9 9 Delaware . . . . . . . . . . 2 4 4 Se. Georgia............. 6 8 8 8 Illinois . . . . . . . . . . . . 1 3 3 3 Indiana...-.......... 1 3 3 3 Kentucky . . . . . . . . . . 10 12 12 12 Louisiana . . . . . . . . . . I 3 3 3 M Ime . . . . . . . . . . . . . 7 9 9 9 Mar) land . . . . . . . . . . 9 11 11. 10 Massachusetts . . . . . .. 13 15 15 7 Mississippi. . . . . .. 1 3 3 3 Missouri . . . . . . . . . .. 1 3 . . . . Disputed. ' New Hampshire. . . . 6 8 7 7 1 for Adams. New Jersey . . . . . . . .. 6 8 8 8 New York.......... 27 29 .29 29 North Carolina.. 13 15 15 15 Ohio . . . . . . . . . . . . . . 6 ~ 8 8 8 Pennsylvania . . . . . . .. 23 25 25 25 Rhode Island . . . . . . . 2 4 4 4 South Carolina . . . . . . 9 11 II 1 1 Tennessee...'........ 6 8 8 8 Vermont. .' . . . . . . . . . . 6 8 8 8 Virginia . . . . . . . . . . .. 23 25 25 25 Totals . . . . . . . ..187 235 231 218 THE CABINET. Secretary of State . . . . . . . . . .John Quincy Adams, Mass . . . . . .Continued. Secretary of Treasury . . . . . H. Crawford, Ga.. . - . . . . . “ Secretary of War . . . . . . . . . .John C. Calhoun, S. C . . . . . . . . . .. “ Secretary of Navy.. . . . . ..Smith Thompson, N. Y . . . . . . p “ Attorney-General . . . . . . . . ..Richard Rush, Pa . . . . . . . . . . . . . . “ Postmaster-General . . . . . . . . .R. J. Meigs, Ohio... . . . . . . . . “ SE VEN TEEN TH C ONGRESS—First Session.——Met Dec. 3, 1821. The organization was effected by electing P. P. Bar- bour, Va., Speaker. The fanciful “ era of good feeling” held, so far as opposition to the Republicans went, but they were now a divided and inharmonious party. The fight over the speaker- ship showed that the strict or old school elements were willing to die in their trenches rather than suffer themselves to be car- ried further by the liberal or new school element. The‘ former won the Speaker, but the latter‘ passed a bill'to care for the National (Cumberland) Road. At this juncture Monroe brok'e * Of the scattering 8 were cast for Richard Stockton ; 4 for Daniel Rodney; 1 for Robert G. Harper; 1 for Richard Rush. There were three vacancies. 342 ' POLITICAL HISTORY OF with the liberals, took a decided step backwards and vetoed the bill. His veto message discussed the constitutional side of the question very elaborately, and concluded with the announcement that no power was conferred on Congress to pass laws for in- ternal improvements of this kind. The President reached the above conclusion only after long hesitation, for his messages heretofore rather favored the position of the liberals, a strong element in his Cabinet still favored it, and he even advised, in his veto, an amendment to the Constitution conferring directly the powers on Congress which the liberal interpreters claimed it was endowed with by implication. However, his position, now that it was definitely ascertained, fortified that of the strict school, and they summarily disposed of bills involving the same principle looking to an internal canal system and a Tariff with stronger protective features. - Nor was the country in a happy mood. Great financial ‘dis- tress prevailed. The government was forced to retrench, and even to borrow. ' The division in the Republican ranks was gradually forcing its way down among the masses, and as is common in such cases, its party feeling was keener than between old opponents. The Congress adjourned, May 8, 1822. SE VEN T BEN T H CONGRESS -— Second Session. -— Met Dec. 2, 1822. Again the liberals forced their Internal Improve- ment and Protective Tariff ideas to the front to meet with defeat at the hands of the rigid interpreters. All however united to help the administration along in its now difficult work of keep- ing financially afloat. An adj ournm'ent sine die took place, March 3,1823. - EZGHTEENTH CONGRESS—First Session—Met Dec. I, 1823, and organized by electing Henry Clay Speaker. This ’ election was significant. It showed that the country had swung to the liberal side of the Republican party. It meant that there- after that side would push its ‘measures with greater vigor and under better auspices. . MONROE DOCTRINE—It will be remembered that Clay in the Fifteenth Congress had proposed as a Foreign Policy the recognition of the South American Republics, then in a state of . THE UNITED STATES. 343 revolt from Spain. The President in his message to the present Congress dwelt largely on this question of recognition, and formulated what has ever since been accepted as “the Monroe Doctrine.” It announced the principle of (I) “ No interference in wars of European powers in matters relating to themselves.” (2) Defense of our own political system against any attempt of foreign powers to establish theirs in any part of this hemisphere. (3) No interference with existing foreign colonies. (4) Interference by foreign powers with colonial dependencies that have declared and maintained their independence, and been recognized by this government, to be regarded as an unfriendly disposition toward the United States. (5) “ It is the true policy of the government to leave the parties (Spain and the revolting Republics) to them- selves, in the hope that other powers will do the same,” this, since “Spain cannot subdue them,” and since, if left alone, they would never voluntarily adopt a foreign political system. TARIFF OF 1824.——In the same message Monroe inclined to the popularside on matters of Protection and Internal Im- ' provement. He was a good President in that he was observant of situations and respected majority wishes. Two months were consumed in heated debate on this measure, which, while the rates on leading articles were not as high. as under the act of 1812, involved’ more directly the principle of protection to American manufactures, by preventing the competition of the cheaper manufactures of Europe, than any preceding act. Lines were drawn closely between the liberal and strict schools of interpreters of the Constitution, and, strange to say, these lines now showed quite a solid array of Southern States * against as solid an array of Northern States. The former supplemented their old argument against the Constitutionality of the Protective idea, by the new ones that it was unjust to them, and, moreover, sectional in spirit. Thus early they projected into the conten- tion the thought that legislative protection to manufacturing in- dustry was legislative hardship to planting industry, and that en-' couragement of free paid labor was discouragement of slave unpaid labor. The bill passed by a close vote, a few of its * Clay’s own State, Kentucky, was for the bill. 344 POLITICAL HISTORY. - ablest opponents, as Webster, coming from the New England States. These, however, chiefly contested the propriety of high protective duties and not the Constitutional right to impose them, denying that the distress of the country was as great as described by the friends of the bill, and doubting if any legisla- tion could be made to stimulate industry and manufacturing enterprise. The bill was approved by the President and thoroughly engrafted “The American System” in our national politics. The duties on‘ ‘leading articles were: Sugar, 3 cents per pound; coffee, 5 cents per pound; tea, 25 cents per pound; salt (bulk), 20 cents per pound; pig iron, 20 per cent.; bar iron, ,8 30 per ton; manufactures of glass, 30 per cent. and 3 cents per pound; manufactures of cotton, 25 per cent.; manufactures of woollens, 30 per ‘cent. ; silk, 25 per cent. It was followed by another bill involving the same liberal views, which provided for surveys of routes upon which to base a system of national canals. ‘ Congress adjourned, May 27, 1824. ELECTION OF 1824.——In the last Presidential election the Republican party had no opposition, but it had a head. ‘Now it furnished its own opposition, being without a head. The contest began during the session of the previous Congress by bids for popular favor, expediency measures and votes, and out- lines for a future which would be less gloomy than the then present. I ‘ An attempt to revive the . obsolete Congressional caucus nominations, in the interest of Wm. H. Crawford, Ga., failed. A Constitutional amendment had been mooted to choose electors by popular vote. The campaign became historic as “the scrub race for the Presidency.” The liberal school of Republicans sup- ported Henry Clay, Ky, and John Quincy Adams. ,The strict school supported Wm. H. Crawford, Ga., and Andrew Jackson, Tenn. John C. Calhoun, S. C., had a general support for the Vice-Presidency and~ was elected. None of the candidates for the Presidency received a majority of“ the whole number ” of electoral votes, though Jackson had the most. The election therefore went into the House or Representatives. EIGHTEENTH CONGRESS—Second Session.-—,Met Dec. C-NHOI 'NQOHTVD 'Avqo AHNHH / 346 POLITICAL HISTORY OF 6, 1324. This session saw the disruption of the Republican party, and the dawn of the Whig party. Its only political work was the counting of the electoral vote and the subsequent election of a President. The count showed 99 for Jackson; 84 for John Quincy Adams ; 41 for Wm. H. Crawford; 37 for Henry Clay. For Vice-President, Calhoun had 182 votes, as against 78 ' scattering. He was, therefore, declared Vice-President. In the contest over the Presidency in ‘the House, Clay, who was out of the fight,* threw his strength, or as much of it as he could con- trol, to Adams, which gave him I 3 States, as against 7 for Jack- son and 4 for Crawford. Though the election of Adams was perfectly regular and constitutional, it forced the liberal and strict schools of interpreters wide apart, and the latter, carrying their fight to the country in the shape of a rebuke to those Rep- ' resentatives who had slaughtered Jackson, soon had the vantage ground. Congress adjourned sz'ne die, March 3, 1825. The President and Vice-President elect were sworn into office, March 4, 1825. X. JOHN Q. ADAMS’- ADMINISTRATION. March 4, 1825--March 3, 1829. JOHN‘ QUINCY ADAMS, MASS., President. JoHN C. CALHOUN, S. C., Vice-President. Congresses. Sessions. I, December 5, I825-May 22, 1826. NINETEENTH CONGRESS‘ {2, December 4, 1826-March 3, 1327- I, December 3, 1827—May 26, 1828. TWENTIETH CONGRESS‘ {2, December I, I828-March 3, I829. * In such contests the three candidates having the highest number of votes are the only candidates before the House, and in voting each State shall have only one vote. Twelfth Amendment to Constitution. THE UNITED STATES. 347 ELECTORAL VOTE.* Republicans. T President. Vice-President: A. Jack- J. Q. Ad- W. H. J. C. N. San- Basis of son, ams, Crawford, H. Clay, Calhoun, ford, States. 40,000. Votes. Tenn. Mass. Ga. Ky. S. C. N. Y. Alabama . . . . . . ..3 5' 5 .. .. 5 -- Connecticut . . . . . . 6 8 . . 8 . . . . . . 86- Delaware..... 1 3 .. I 2 .. 1 50- Georgia . . . . . . 7 9 .. .. 9 .. .. ‘SC- IIIIHOIS . a e - u e . e 0 o I 3 I o o o o 3 s ' Indiana . s e . o . Q a u 0 3 5 s o o o o o o 5 5c. Kentucky“. . a . a ‘.12 I4. 0 o 0 o 0 c 7 7 LOulSiana........-. 3 5 3 2 00 no 5 '- Maine . - - . . . - . Q 00 7 9 0 0 9 o o 0 o 9 s a Maryland . q 0 O o o u 9 7 3 U 0 o Sc. Massachusetts....13 15 .. Is 00 .. 15 .. Mississippi . . . . . . . I 3 3 . . . . . . 3 - - Missouri’ . . . . . . . . . I 3 . . . . . . 3 . . SC. New Hampshire. . 6 8 0 a 8 0 0 o o 7 Sc‘ New Jersey . . . . .. 6 8 8 .. 00 .. 8 ~- New York . . . . . . . 34 36 1 26 5 4 29 7 North Carolina....13 15 15 .. 00 .. 15 .- Ohio.............14 16 ..~ .. .. 16 .. 16 Pennsylvania . . . . . 26 28 28 . . . . . . 28 - . RhOde Island. . . . 2 4- 0 c 4 o o o o 3 ' South Carolina... .. 9 11 II .. on .. I! - - Tennessee, . . . . . .. 9 11 11 .. .. .. ll .. Vermont. . . . . . . .. 5 7 .. 1 .. 00 7 .. Virginia..........22 24 .. .. 24 _._._ _._._ Totals. . . . ..213 261 99 84. 41 37 182 30 THE CABINET. Secretary of State . . . . . .Henry Clay, Ky. Secretary of Treasury. ..Richard Rush, Pa. Secretary of War . . . . . . .James Barbour, Va. Secretary of Navy.. . . ...S. L. Southard, N. . . . . .Continued. Attorney-General . . . . . . .William Wirt, Va.. . . . . - . .. “ Postmaster-GeneraL. . . . .John McLean, Ohio . . . . . . . “ NA TIONAL REPUBLICAN PAR Tl/T—This party, fore- shadowed for some time, was now ready for a name. The divi- sion in the Republican ranks, encouraged by the free play of * There was one vacancy. The scattering votes were, N. Macon, 24; A. Jackson, 13 ; Martin Van Buren, 9; Henry Clay, 2. At this election the popular vote began to be considered, for a great many States had abandoned the plan of choosing electors by their Legislatures, and a majority of them were about to do so. South Carolina adhered to the plan till 1868. The popular vote at this election was Andrew Jackson, 155,872, 10 States; John Q. Adams, 105,321, 8 States; Wm. H. Craw- ford, 44,282, 3 States; Henry Clay, 46,587, 3‘ States. Contest finally decided in the House. See p. 497. ‘ 348 ‘ POLITICAL HISTORY OF sentiment during “The era of good feeling,” and facilitated by the efforts of leaders of both schools of construction to impart their personalism to a following, now became a permanent breach. Adams entered on his administration with the Crawford supporters, who were the straightest sect of rigid interpreters, against him. His success had also set the Jackson following against 1 him. They differed from the Crawford supporters only in the respect that they went with Jackson in his Federal and Protective Tariff ideas. But they could now unite forces and _stand squarely against the administration. Clay’s strength, which had gone to Adams’ support in the House and helped to~ elect him President, naturally favored the administration. _ But Adams had made Clay his Secretary of State, a position then much courted as inviting to the Presidency. This gave the now united and embittered opposition a chance to charge collusion between Adams and Clay. Crimination and recrimination fol- lowed. Both sides became more compact and determined. Besides the sharp personalities involved, the President, in his inaugural and in his first message to Congress, had mapped a set of principles which, as to Protection, Internal Improvement, and liberality of Constitutional Construction in general, would answer as a bond of agreement for his own followers and those of Clay. Thus solidified, they set out as National Republicans (though known in the campaign of 1828 as Adams’ men), a name excellently chosen, for as Republicans, yet as liberal or national interpreters of the Constitution, the title was accurate and full of meaning. But by a fatality not unusual with party titles, the name did not stick for many years, being pushed aside to make room for the meaningless title of Whig. DEMOCRATIC PART Y.--The Crawford and Jackson fol- lowing were united only in their opposition to Adams’ adminis- tration and to the new National Republican party. Crawford was sick and could not look out for his own Presidential chances. Jackson forced the situation, got a nomination three years in advance (October, 1825) from the Legislature of Tennessee, and thus became a centre about which all opposition to the adminis- tration could cluster. While Jackson's personalism was neces< THE UNITED STATES. 349 sary to attract the Crawford support and cement the alliance, his followers were (in the campaign of 1828’) “jackson men." Thus, claiming to adhere more closely to the old Republican traditions than either Adams or Clay, they were more unmindful of the old Republican name, having dropped it altogether. But when it became necessary to get away from jackson’s personalism and give the party a national status, the name Democrat* was popularly and officially assumed. It was an easy transition to this title. Men like Calhoun and others, who never liked the name Republican, had all along preferred to be designated as Democrats. It was, therefore, not new; had been, in‘ fact, a part of the Republican title, and was a titular revival, rather than in- vention. Thus went out of existence the distinctive Republican party and Republican name, though the Democrats claimed to perpetuate its principles, in a rigid construction of the Constitu- ' tion. Yet even in this they too were, for a time at least, divided, for the extreme Southern, or State rights wing, sometimes called the Crawford faction, held to the doctrine of the Kentucky reso- lutions of I 799, which, we have seen, squarely broached the right to nullify objectionable Federal laws. A test of their doctrine was soon to be made under the lead of Calhoun. NINETEENTH CONGRESS—First Session—Met Dec. 5, I82 5, with a bare majority of liberal Republicans, who organized by electing john W. Taylor, N. Y., Speaker. The Senate had a majority of administration members, but Calhoun so arranged the committees as to enable the opposition to obstruct, or defeat nearly every political measure known to be favored by the Pres- ident. This led the majority on thefloor to retaliate by taking the power of appointing committees away from the presiding officer, temporarily. The opposition was so strong and defiant * The present Democratic party began to take its name in 1831, and became fully recognized in 1832-33. I have before me papers of both the National Republican and Jackson parties in183 1. One called the “ Republican” had‘ the ticket headed “Democrat-Republican candidate for President in 1832, Andrew jackson.” On the other side in 1831, the papers were headed, “ National Republican candidate for President in 1832, Henry Clay.” I was myself the secretary of a National Republican club in 1832, and have the minutes now before mew—Reminiscence: of an old Whig. ' 350 POLITICAL HISTORY OF that no measures of moment passed the Congress, except those relating to appropriations. But a great many important bills were debated, among which was one to amend the Constitution, so as to permit the people to vote directly for the President; a “ Tenure of Office Bill,” compelling the President to lay before the Senate his reasons for making removals from office; another to so amend the Constitution as to prevent any member of the Congress from accepting a Federal office during his term; and lastly a bill which‘ proposed a Congress of American States to agree on a plan to prevent future European colonies and armed influence in the country. This last became notable, as drawing from the President, who had been a member of Monroe’s cabinet, a reiteration of “ The Monroe Doctrine,’_’ and a limitation of it, as Monroe’s own idea, to our own border. His idea also being, that interference with nations on our own continent or hemis- phere, even to protect them, would be unjustifiable, except under the provisions designed to be agreed upon by some such tribunal as the proposed Congress of American States. Congress ad- journed May 22, 1826. . NINETEENTH CONGRESS—Second Session—Met Dec. 4, I826. The two parties—National Republican and Demo— cratic—still squarely faced each other, both nearly equally strong, both voting down the measures of the other, among which was one to increase the Tariff, and another which de- serves attention as the first effort to divide a part of the national revenue among the States.* Congress adjourned sz'ne dz'e, March 3,1827. “ T WEN T [ET H CONGRESS—First Session—Met Dec. 3, 1827. Organized by electing Andrew Stevenson, Va., a Demo- crat, Speaker. This was a curiously constituted Congress. It was Democratic. What may be called the Adams and Jackson issues—they were scarcely Administration and Anti-Administra- tion, nor yet National Republican (or Whig) and Democratic—5 * This was afterwards done during Jackson’s administration. The same question of a division of the surplus revenue among the States is now attracting wide atten- tion. The policy of doing it was announced- in the Pennsylvania Republican platform of 1882. - - THE UNITED STATES. 351 had been carried to the country. The Democrats carried every Southern State except Louisiana. They were no less fortunate, owing to Jackson's Protective Tariff record, in New York, Penn- sylvania * and Illinois. Thus while they secured a majority in the Congress, it was united only for general party purposes. On the matter of a Protective Tariff it was divided, and enough Democrats from Northern States supported the National Re- publicans to bring about the celebrated Tariff Act of May 19, 1828. TARIFF OF 1828.—-This act had nothing peculiar about it, except that it. increased the duty on manufactures of wool, and some other manufactures, to what was deemed a protective ex- tent. But its importance was due to the fact that it was de- signed to emphasize the “American system,” and influence the approaching Presidential election. (2) To the fact that it was a turning-point. of the hitherto hostile New England sentiment, Webster having changed ground and entered upon its advocacy. (3) To the fact that opposition to it was more than ever sec- tional, the South regarding it as robbery of the many for the benefit of the few, as a blow at the planting interests, as a dis- crimination against unpaid labor, and as unconstitutional. (4) To the fact that it became the basis of that partisan hostility which rapidly culminated in nullification. The session was prolific of party debates, but barren of results, other than those indirect ones which were designed to work to the benefit or detriment of prospective candidates for the Presi- den_cy.- Congress adjourned, May 26, 1828. ELECTION OF 1828.—-The common. consent candidates of the respective parties were Adams and Jackson. No others were possible, for really these had had the field for four years. The great point with Adams, or the National Republicans, was to so emphasize the Protective Tariff and Internal Improvement ideas of the administration as to take away from Jackson whatever strength his Tariff record gave him. With Jackson the contest * A Convention of Protectionists, of national import, had been held at Harrisburg, Pa., in July, 1827, which took the ground that the country needed greater protection than the act of 1824 gave. 352 POLITICAL HISTORY. was altogether different. He considered himself aggrieved by the result of the previous election, and his campaign was con- ducted—in the Democratic name—so as to vindicate the‘ prin- ciple of choice by the popular vote‘, in other words the Demo- cratic principle. A misfortune of the situation was that the .entire candidacy was sectional, for John C. Calhoun, S. C.,iwas running as Vice-President with Andrew Jackson, Tenn., and Richard Rush, Pa., as Vice-President with John Quincy Adams, Mass. The result would reach further than simple party differ- .ences warranted. At ‘the election in November the Democrats triumphed. T WEN T IET H CONGRESS—Second Session—Met Dec. 1, 1828, with its‘ former Democratic majority in both Houses, the doubtful members in the Senate having swung to the Anti— Administration side, or, which is the Same, to the ~Side of the in— coming administration. No measures were mooted likely to hamper the new administration, though one, accepting the lib! eral theory of Internal Improvement, and making large appro- priation therefor, went through, after provoking the then Stereo- typed debates as to its constitutionality. The electoral count_in February showed 178 votes for Jackson and 83 for Adams, for President, and 171 for Calhoun, and 83 for Rush, for Vice-Presi- dent. Congress adjourned sine die, March 3, 1829. The candi- dates elect were sworn into office March 4, 1829. XI. » ~IACKSON’S FIRST ADMINISTRATION. March 4, 1829—March 3, 1833. ANDREW JACKSON, TENN., President. JOHN C. CALHOUN, S. C., ' ' ' Vice-President. Congresses. . Sessions. 1, December 7, 1829—May 31, 1830. 2, December 6, 1830—March 3, 1831. 1, December 5, 1831—July 16, 1832. 2, December 3, 1832-March 3, 1833. TWENTY-FIRST CONGRESS. TWENTY-SECOND CONGRESS. ...,/1, / / .1 Z/ / 4.. / 7/ . a? ./ 1.. ANDREW JACKSON. Q3 354 POLITICAL HISTORY OF ELECTORAL ‘VOTER? Democrat. National Republican. Basis of And. Jack- . C. Cal- IJTQ. Adams, R. RusIT, States. 40,000. Votes. son, Tenn. oun, S. C. Mass. Pa. Alabama . . . . . . . . 3 5 5 5 . . . . Connecticut . . . . . . 6 8 . . . . 8 8 Delaware......... 1 3 .. .. 3 3 Georgia . . . . . . . . . . 7 9 9 2 . . . . 7 for S. C. Smith. Illinois . . . . . . . . . . I 3 3 3 . . . . Indiana . . . . . . . . . . 3 5 5 5 . . . . Kentucky.. . . . . . .. 12 14 14 14 . . . . Louisiana . . . . . . . . 3 5 5 5 . . . . Maine . . . . . . . . . .. 7 9 ' 1 1 - 8 8 Maryland . . . . . . . . 9 II _ 5 5 6 6 Massachusetts . . . . 13‘ 15 . . . . Is 15 Mississippi.. . . . . .. 1 3 3 3 . . . . Missouri.......... I 3 3 3 .. .. New Hampshire. . 6 8 . . . . 8 8 New Jersey...... 6 8 .. .. 8 8 New York . . . . . . . 34 36 20 20 16 16 North Carolina. . . . 13 15 V 15 15 . . . . Ohio . . . . . . . . . . . . I4 16 16 16 . . . . Pennsylvania. . . . . 26 28 28 28 . . .. Rhode Island. . . . 2 4 . . . . 4 4 South Carolina.. .. 9 11 11 II . . . . Tennessee........ 9 11 II 11 .. .. Vermont . . . . . . . . 5 7 - - i - 7 7 Virginia......... 22 24 24 24- .. .. Totals. . . . . . .213 261 178 171 83 83 CABINET Secretary of State . . . . . . . . . . . .Martin Van Buren, N. Y. Secretary of Treasury . . . . . . . . .Samuel D. Ingham, Pa. Secretary of War . . . . . . . . . . . .John H. Eaton, Tenn. Secretary of_ Navy . . . . . . . . . . . .John Branch, N. C. Attorney-General . . . . . . . . . . . . .John M. Berrien, Ga. - Postmaster-General . . . . . . . . . . .Wm. T. Barry, Ky. NEW ADMINIS T RA T [ ON—This first Democratic admin- istration opened amid storm and invited storm. It had to confront the fact that theextreme Democrats of the South (the Crawford following) were not heartily with it, but that their drift was toward Vice-President Calhoun, as their leader, who was now among the most rigid masters in the school of strict interpreters and a pronounced champion of the Kentucky reso- lutions of 1799. Indeed, both Georgia and South Carolina had already assumed, through their Legislatures, to notify the Presi- dent and the country that they declared null and void any act * Popular vote—Jackson, 647,231 ; States,‘ I 5; Adams, 509,097; States, 9. THE UNITED STATES. 355 of Congress (the really objectionable act was the tariff of 1828) which they as States adjudged unconstitutional. In his first message, Jackson took high ground against a re- charter of the National Bank, though the charter of 1816 did not expire till 1836, regarded its usefulness as in every way past, argued that it was Anti-Democratic arfd despotic, and held the law authorizing it unconstitutional. He also swung quite to the side of those who opposed Protection and Internal Improve- ment. This alienated from- him very many Democrats who were of sufficiently liberal turn to favor all these measures. How- ever, this did not last very long, for circumstances soon com- pelled him to change front on Tariff and Internal Improvement measures, and to at least see that all such as had assumed the shape of law were duly enforced. His hostility to the bank, however, continued. He gave his opposition a decidedly politi- cal turn. Its destruction was the result. Nor was the foreign outlook assuring. France was urging a settlement of her spoliation claims, even to the extent of threat- .ening war, and England was clamorous and angry about the Maine boundary. To cap all, a new party, known as the Anti- Masonic, had risen in New York, which became a bidder for national distinction, and which, in its fervor, threatened to deé moralize existing political forces.* Amid all these complica- tions and antagonisms a President of ordinary nerve would have failed. But it seemed to be the kind of political atmosphere which Jackson liked to breathe. He was fortunate in the respect that there could be no hearty and effective combination of opposing elements, and equallyfortunate in the sympathy which naturally goes out toward one who is singly enlisted against overwhelming odds. His personalism infected his entire administration, and this, in his case, was not a misfortune, for * This organization, short-lived as it was, was peculiarly galling to such leaders as Clay and Jackson, who were both Masons. The furore which originated it came from the sudden, and as yet unaccounted for, disappearance of one Daniel Morgan, of Batavia, N. Y., who had written a book exposing the secrets of Free Masonry,‘ in 1826. In 1832 it nominated a Presidential ticket, and then fell into'rapid decline. a 356 POLITICAL HISTORY OF he had been a military hero, was of undeniably honest, but blunt intention, and was quite on a level with the masses in brusque demeanor and every-day speech. ' VICTOR AND SPOILS.—-The clouded and uncertain sur- roundings of the new administration were its justification for a general clearing out of all officials not in sympathy with it. This became the new doctrine of “Rotation in Office,” or as it found popular expression from the lips of Senator Marcy, N. Y., the doctrine that “The spoils of the enemy belonged to the victor.” * We have seen that Jefferson had given the hint for this doctrine, but that after applying it for the correction of certain errors on the part of his predecessor, had fallen back on the custom, which prevailed from the beginning till Jackson’s time, of trusting to time to make vacancies and to the future supremacy of his party to fill them. Whether Jackson’s excuse of self-defense'werejustified or not, his practice was accepted by all future parties, and prevailed without question, till called to account by Civil Service Reform. T WEN T Y-FIRS T C ON GRESS—First Session—Met Dec.- 7, 1829, and organized by re-electing Andrew Stevenson, Va., Speaker, the Democrats being in a majority in both branches. Now the alienations already indicated began. The message, taking its high ground against the National Bank, which was allied with Protection and Internal Improve- ment, and proposing various things, among them a distribu- tion of the surplus revenue to the States,‘l' which were either new or upon which an agreement was impossible, they were * “ Another doctrine of Jackson was that he was ‘ responsible for the entire action of the Executive Department,’ and, therefore, had the power to remove and appoint all ofiicers at pleasure—a doctrine which, at a later day, during the administration of Andrew Johnson, Congress was compelled to legislate against. ‘ Responsible?’ said Mr. Webster, replying to Jackson’s protest. ‘ What does he mean by being responsible ? ’ Does he mean legal responsibility P Certainly not—no Such thing. Legal responsibility signifies liability to punishment for misconduct or maladminis- tration. A Briareus sits in the centre of our system, and with his hundred hands touches eterything, moves everything, controls everything. I ask, sir, is this Re- publicanism ? is this a government of laws ? is this legal responsibility ? ”--Remin' z'seenees of an old Whig. {- This afterwards came about. See p. 369; also p. 350 and note. ' THE UNITED STATES. ' 357 summarily dealt with by the committees to which they were respectively referred. Party lines were strictly drawn over the question of removing the Cherokee Indians of Georgia to the west of the Mississippi, the Legislature of that State having enacted to open their lands to settlers, contrary to existing treaties with the tribe. The National Republicans opposed the bill for removal. Though it passed, it was ineffective, the Indians refusing to part with their lands.* Several enactments looking to Internal Improvements were passed, some of which , the President vetoed directly. Others he retained for the legal ten days, and Congress having in the meantime adjourned they thus failed to become law‘. This convenient way of vetoing a bill by indirection was frequently practised by the President, and got to be known as the “Pocket Veto” method. The most notable event of the session was the introduction into the Senate, by Foot, Conn., of an apparently harmless resolution of inquiry into the matter of public lands, coupled with a proposition to stop surveys and limit sales. As the ef- fect of the proposition would have been to check migration and western settlement, it was opposed by western members, and gave rise to a five-month debate. This took the widest latitude. The imputation by Southern members that it had always been a New England policy to check western settlement, drew from Webster a reference to the ordinance of I 787 for the govern- ment of the territory northwest of the Ohio. As this ordinance prohibited slavery, the slave question came up, and was discussed in all its bearings, the debates being sectional, exhaustive and bitter. Hayne’s allusion to the attitude of New England in the war of 1812 brought from Webster a reference to the Kentucky nullifying resolutions of I799,'l' and to the recent action of * They were afterwards forcibly removed in defiance of a decision of the Supreme Court to the effect that the treaties between them and the United States were valid. ' 1- Hayne quoted the Virginia resolutions of 1799, written by Madison, as justify ing nullification. Webster defended Madison, and showed that such interpretation could not be put upon them. But this did not destroy Hayne’s reliance on the Kentucky resolutions, written by Jefferson. We have taken the trouble to show that the doctrine of nullification was not in the Kentucky resolutions which jeffer- 358 POLITICAL HISTORY. Georgia and South Carolina respecting the tariff of 1828. This brought up the whole question of nullification, Hayn'e voicing the well-known sentiments of Calhoun. And so it drifted from Southern grievance to New‘England Federalism, from State rights to Federal powers, from the government as a League to the government as a Nation, covering the entire field of national and constitutional history. Benton, though a par- ticipant, justly calls it “The Great Debate in the Senate.” Con- gress adjourned, May 31, 1830. T WEN T Y-FTRS T C ON CHESS—Second Session—Met Dec. 6, 1830. This Congress met at a time when the doctrine of Nullification was passing from peaceful resistance to Federal authority to open, violent resistance. It had shown its hand the preceding April, when at a dinner party in Washington the President had rebuked the Nullification sentiment which pre~ vailed by the toast, “Our Federal Union; it must and shall be preserved.” Vice-President Calhoun immediately flung- the counter-toast among the guests, “Liberty, dearer than Union.” These led to enough to satisfy the President that he must be on his guard, and the Nullifiers that they could not carry himwith them. i As to his friends in Congress, especially those of liberal sentiment, he offended them, as before, by repeating in his mes- sage his opposition to the National Bank, and by going still further and opposing Internal Improvement, except under cer- tain limited conditions. This ‘element went to the support of the National Republicans, and the result was such an emphatic verdict in favor of bills for improvement of harbors, rivers and roads, and for light-houses, that he relented his opposition and gave them executive approval. - . Before adjournment the President was made to feel the hatred of the Nullifiers toward him. Vice-President Calhoun came out in a pamphlet severely criticising his war record, especially as it related to the Seminole affair. This touched him in a very tender spot. Angered beyond measure at its publication, smart~ son drew, but was in those of the next year (1799), in the shape of an amend— ment to Jefferson’s. Madison protested against Hayne’s use of Jefferson’s name in support of what he called the “ colossal heresy of nullification.” a I A /_ In ./fl llrlllvf II I v, / DANIEL WEBSTER. ROBERT Y. HAYNE. 359 360 - POLITICAL HISTORY OF ing under the insinuation that all was not lovely among the families of his cabinet, and the further insinuation that he pre- ferred to be advised by hangers-on at the White House—-a ‘‘ Kitchen Cabinet,” as they were called—he stormed as only “ Old Hickory” could storm. His cabinet resigned in a body, and gave him opportunity to reorganize, which he did by mak- ing Edward Livingston, La., his Secretary of State, vice Van Buren; Louis McLane, Del, Secretary of Treasury, vz'ce Ing- ham; Lewis Cass, Mich., Secretary of War, vz'ce Eaton; Levi Woodbury, N. H., Secretary of Navy, vice Branch; Roger B. Taney, Md.,Attorney-General,vice Berrien. Congress adjourned sine die, March 3, 1831. T WENT Y-SE CUND CONGRESS—First Session.—Met Dec. 5, 1831. The House organized by re-electing Andrew Steven- son Speaker. His ‘majority in the former House was 93, in this it was I. The Senate was opposed to the Administration. The President forced his war on the United States Bank, and the Congress met him more than half way by an act reviving the charter, though the old one did not expire till 1836. He vetoed the bill, and the requisite two-thirds could not be mustered to pass it over the veto. From this time on he pursued the bank with Spartan persistency until he drove it out of existence. TARIFF OF 1832.——‘The processof getting ready for the Presidential campaign seemed to require, as it had done for sev- eral previous campaigns, a revision of the Tariff. An act passed in_May, 1830, had considerably scaled the rates of duty laid in the act of 1828, but not enough to destroy the Protective features of that act. The nullifying sentiment in the South must be appeased somehow. Another act was the remedy. It was the act of july 14, 1832, which reduced duties very considerably and placed coffee and tea on the freeplist. But it failed to effect its purpdse, for as yet there had been no official or legal repu- diation of the Protective idea. ‘Bills making liberal appropria- tions for Internal Improvement were also passed and signed; some, however, received the adroit pocket veto. The split between the President and Vice-President was wid- ened by the refusal of the latter to confirm by his casting vote THE ‘UNITED STATES.‘ 361 in the Senate the appointment of Van Buren as Minister to Eng- land. This spiteful proceeding reacted on Calhoun in the shape of the nomination of Van Buren for the Vice-Presidency. Con- gress adjourned, july 16, 1832. ELECTION OF 1832.—This contest is noteworthy as the first in which all the parties made their nominations through national conventions, and two of them a proclamation of prin- ciples through what are now known as party platforms. The Anti-Masons took the field. as early as September, 1831, at Bal- timore, by nominating for President William Wirt, Va; for Vice—President, Amos Ellmaker, Pa. Their principles were in- volved in their formal call of a convention as “opposition to secret societies.” The National Republicans followed in December, 1831, at Baltimore. They nominated for President, Henry Clay, Ky.; for Vice-President, john Sergeant, Pa. The address of the conven— tion to the people, or platform, defined the issues of the cam- paign as the tariff, internal improvement, the question of remov- ing the Cherokee Indians, and renewal of the United States Bank charter. The Democrats met, also at Baltimore, in March, 1832, and nominated for President, Andrew Jackson, Tenn.; for Vice- President, Martin Van Buren, N. Y. The convention published no platform of principles.* Thus the respective parties entered the campaign. No part of .the country felt as warmly toward jackson as at his first election. The South was cold, and, in the case of South Caro- lina, defiant. The North, or wherever the influence of the United States Bank was strongest, was unsympathetic or pro- nouncedly against him. But there was little coherency in the * But at a ratification meeting, held in Washington, May II, 1832, a set of reso- lutions were adopted which favored internal improvement, denounbed removals , from office for opinion sake and contained the ‘ following on the tariff: “Resolved, ‘ That an adequate protection to American industry is indispensable to the prosperity of the country, and that an abandonment of the policy at this period would be attended with consequences ruinous to the best interests of the nation.” None of which was very good Jackson doctrine so far as his first administration was con- cemed. ' 362 ' POLITICAL HISTORY. opposition, and the result of the election, in November, was de- cidedly in- his favor. “The American System,” which Clay's nomination had placed on trial before the country, and which the National Republicans had presented with all their eloquence and ‘logic, was, for the time being,- swamped by both the national verdict and that in ‘the Congressional districts. South Carolina supported none of the nominees, but ' cast‘ her vote for John Floyd, Va., and Henry Lee, Mass. ‘ ‘ N ULLIF! C‘A T [ ON—No sooner had the Presidential election passed over than a South Carolina convention, at Columbus, Nov. 19, 1832, declared the tariff acts of 1828 and 1832 “null and void and not binding upon the State, her officers and citizens.” It is difficult to understand this action at this time except upon the theory that it was a direct blow of Calhoun and his friends at Jackson, for since protection * had been made the distinguishing feature of the Presidential campaign, and had not been endorsed by the country, any reasonable opponents of the protective idea must have been satisfiedi‘ Other circumstances may, however, have conspired to bring about the ordinance at this juncture. The sentiment of nullification had been ripening for some time. The State of Georgia had practically nullified the Cherokee Indian act by refusing to obey the decrees of the United States Supreme Court. The thought that coercion of a State by the Federal troops was possible did not prevail then, * The nullifiers, it must be remembered, claimed that a tariff act which involved the idea of protection was unconstitutional. This, they said, was the grin/amen of the acts of 1828 and 1832. It is very probable, however, that they deemed the time a fit one to test the position of a State in the Union. 1- “ Jackson had pledged himself to a single term, and Calhoun had expected to be his successor. But by adroit use of resolutions in several of the State Legisla- tures in favor of a second term for Jackson, he concluded to run again. His quarrel with Calhoun now became a feud. Calhoun pressed his nullification idea, and Jackson resisted by the proclamation of force, Dec. 16, 1832. Clay, fearing war, introduced his ‘-‘ Compromise tariff bill,” which passed March 2, 183 3, under which duties were to be scaled at the rate of 10 per cent. annually till they reached a uni- form rate of 20 per cent. This they did in 1842. During this period the country reached universal bankruptcy in 1837, a sub-treasury law had to be passed to supply the place of the suspended State banks, a bankrupt law to relieve individuals, and the tariff_ act of 1842 to relieve the countryP-Remz'm'seenees of an old W/zzgr. .JINAVH OJ. ONIA’IJEHI HGLLSEIEIM lI l" I! II! .'I' II‘ A i It jlu - 1"‘, ll'j it It i t l l I. l I I lit l "l' 2 364 POLITICAL HISTORY OF and the further thought that any such attempt at coercion would be resisted by the States through which such troops would be compelled to pass, did prevail in South Carolina. At any rate the ordinance passed, and it was backed up by resolutions to the effect that any appeal from it to the United. States Supreme Court would be punishable as an offence, and that any attempt at force on the part of the general government would be followed by the secession of the State. ' This Ordinance, which went into effect Feb. I, 18 3 3, placed the State in the attitude of forcible resistance to the laws of the i United States. ‘A certified copy of it. reached the President in December, L832, the Legislature of the State in the meantime passing laws taking back all those powers it had parted with to the central government, and rapidly placing it on a war footing. Soon after its receipt, the President, Dec. 16, 1832, issued his celebrated proclamation to the people of the State. It is im- portant as showing how the first overt nullification, and first direct attempt at secession, was met, and that by an executive who, though not of the extreme school of rigid interpreters of the Constitution, wasyet sufficiently inclined that way to be the national representative of the then existing Democracy. The Proclamation (I) exhorted the people of South Carolina to obey the laws of Congress. (2) Pointed out the illegality of their procedure. (3) Showed that the general government was one in which the people of all the States were collectively repre- sented. (4) Affirmed that Representatives in Congress are Representatives of the United States and not of particular States, are paid by the United States and are not accountable to the State for their legitimate acts. (5) Concluded, therefore, that a the government was not a League, but a government, whether formed by compact or in any other way; that it operated on in- ‘_dividuals, not on- States; that the States parted with enough of if their powers 'to make a nation; that the claim of a right to secede was not the mere withdrawing from a contract, but was destructive of the unity of a nation; that it would be a solecism to contend that any part of a nation might dissolve its connection with other parts, to their injury or ruin, without committing an THE UNITED STATES. 365 offence. (6) Expressed his determination to enforce the laws, even by a resort to force if necessary. _ Without recourse to Congress, then in session, but in the ex- ercise of the power he already possessed as executive, he threw a naval force into Charleston Harbor and proceeded to collect the duties under the Tariff of 1832. In January, however, he was forced toask for legislation to aid him in the enforcement of the laws.‘ A bill was consequently prepared in the Senate which was deemed adequate. Its provisions provoked intense hostility. Debate was long and acrimonious. Notwithstanding the fact that it was shown to contain no new feature, and had the support of such conservative-minded men as Webster, it was denounced as unconstitutional, as tending to civil war, as a “ Force Bill,” as “the Bloody Bill,” etc. It was a bill to enforce the Tariff Act of 1832. It passed, was signed by the President, and duly executed. South Carolina did not secede on account of it, and no State was injured by its passage and enforcement. All in all it was probably the best measure which could have been devised for the emergency. At any rate it made the Presi-. dent master of the situation, and rampant nullification subsided. Soon after the opening of Congress in December Calhoun re- signed the Vice-Presidency and entered the Senate, where he took early occasion to say that his State had never intended to resist the government by force, and as an evidence of it he called attention to the fact that a recent meeting of nullifiers had been held at which it was agreed that all thought of forcible resistance should be postponed till after the Congress had adjourned. T WENT Y-SEC 0ND CONGRESS—Second Session—Met Dec. 3, 1832. The most important act was that spoken of in the preceding paragraph, except perhaps the compromise Tariff Act. This act, conceived by Clay in a spirit of compromise, met two requirements: (I) the verdict of the last Presidential election; (2) the wishes of those engaged in nullification, not fully, per-i haps, but sufficiently to show that the friends of Protection were not necessarily the enemies of their opponents. Its weakness was that of all compromises. It was immediately heralded by the nullifiers as their vindication, and amid great rejoicing was 366 POLITICAL HISTORY or proclaimed as a surrender of “ the American system ” and V a justification of the South Carolina status. It did not enact any- thing affirmatively, but taking the Tariff of 18 32 as a basis, pro- ceeded to emasculate it by a dry rot repeal extending over a period of ten years (till 1842), during all which time there was to be a gradual biennial reduction of duties, till in the end no higher rate than 20 per cent. should survive. I The President continued his war on the National _Bank, but was headed off by its friends. The Public Land Question came up again in the shape of a bill to turn the proceeds of sales over to the States as a loan. A pocket veto settled its fate. The count of the electoral vote-in February, 1833, revealed, for President, Jackson 219, Clay 49, Floyd II, Wirt 7; for Vice- President, Van Buren I89, Sergeant 49, Wilkins 30, Lee I 1, E11- maker 7. Congress adjourned sine a'z'e, March 3, 1833. Jack‘ son and Van Buren were sworn into office March 4, 1833. XII. JACKSON’S SECOND ADMINISTRATION. March 4, 1833-—March 3, 1837. ANDREW JACKSON, TENN., President. MARTIN VAN BUREN, N. Y., Vz'ee~P1'es2'de;zt. Congresses. ' Sessions. 1, December 2, 1833—June 30, 1834.. 2, December I, 1834-March 3, 1835. I, December 7, 1835—July 4, 1836. 2, December 5, 1836- March 3, 1837. TWENTY-THIRD CONGRESS. TWENTY-FOURTH CONGRESS. { ELECTORAL V0 T E.* _ Democrat. ' Nat. Republican. Anti-Mason. . ' Basis of And. ack- M. Vah Clay, J. Ser: Wirt, Amos Ell- States. 47,700- Vote. son, enn. Buren,N.Y. Ky. geant, Pa. Va. maker, Pa. Alabama . . . . . . . .. 5 7 . 7 7 .. .. .. . . Connecticut . . . . . .. 6 _ 8 . . . . 8 8 Delaware . . . . . . . I 3 . . . . 3 3 Georgia... . . . . . 9 II 11 II . .. Illinois . . . . . . . . . .. 3 - 5 . 5 5 Indiana . . . . . . . . . .. 7 9 9 ‘9 * ‘There were two vacancies. The South Carolina vote went to John Floyd and Henry Lee. William Wilkins, Pa., got 30 of the scattering votes. The popular vote'was: Andrew Jackson, 687,502; Henry Clay, 530,189 ; William Wirt, 33,108. THE UNITED STATES. ' 367 Electoral Vote—Continued. Democrat. Nat. Republican. Anti-Mason. Basis of And. Jack- M. Vah 1'? Clay, J. Ser: \Twin, Amos EIC States. 47,700. Vote. son, Tenn. Buren,N.Y. Ky. geant, Pa. Va. maker, Pa. Kentucky......... 13 15 .. .. 15 I5 .. .. Louisiana.......... 3 s 5 5 .- co 00 00 Maine............. 8 10 10 10 .. .. .. .. Maryland . . . . . . . - ~ 8 IO 3 3 5 5 0 o 0 0 Massachusetts . . . . . 12 14 . . . 14 I4 . . . . . . . . - - o o 2 4- 4 4 0 0 c o 0 0 0 Missouri........... 2 4. 4 4 .~. .. co ~- New Hampshire.. . Q 5 7 7 7 o o o o o o 0 0 New Jersey....-... 6 8 8 8 .0 00 o. 00 New York . . . . . . .. 4o 42 42 42 . . . . . . .. North Carolina.. .. I3 15 IS IS 0 o a. 00 00 Ohio . . . . . . . . . . . .. 19 21 21 21 .. . . . . .. Pennsylvania . . . . . . 28 3o 30 sc. . . . . . . . . Rhode Island...... 2 4 .. .. 4 4 .. .. South Carolina. . . . 9 11 sc. sc. . . . . . . . . Tennessee . . . . . . .. 13 15 15 15 .. .. .. .. Vermont . . . . . . . . .. 5 7 .. .. .. 7 7 Virginia . . . . . . . . . . 21 23 23 23 . . . . . . ~_._. Totals.. . . . . ..240 288 219 189 49 49 _7' 7 THE CABINET Secretary of State . . . . . . . .Lewis McLane, Del. Secretary of Treasury. . . ..William Duane, Pa. Secretary of War . . . . . . . .Lewis Cass, Mich . . . . . . . . . . .Continued. Secretary of Navy . . . . . . ..Levi Woodbury, N. H. . .. . . . “ Attorney-General . . . . . . . .Roger B. Taney, Md . . . . . . . . “ Postmaster-General.. . . . . . William T. Barry, Ky. . . . . . .. “ Jackson's Cabinets were very fluctuating. This one _was ar- ranged, the better to carry on his war against the United States Bank. But Mr. Duane refused to obey his order to remove the deposits from the Bank on the plea that they were unsafe there, that they had been used for political purposes, or for any reason whatever. Nor would he resign his office. He on the contrary alleged that the President’s action was unnecessary, arbitrary, and unjust. He was removed, and Roger B. Taney took his place. The deposits were then transferred to favorite State banks. The National Bank, thus leftwithout bankable resource, began to call in its loans and wind up business, in the midst of great financial embarrassment and commercial distress. T WEN T Y-T HIRD C ON GRESS—First Session.-—-Met Dec. 2, 1833'. Organized by re-electing Andrew Stevenson, Speaker, by a majority of- 81. The war on the Bank culminated during 363 POLITICAL HISTORY OF this session. Enough Democratic Senators united with the National Republicans to censure the President for his removal of the Bank deposits. This was tabled in the House, which then committed itself by a resolution not to vote for a re-charter of the'Bank. Thus the President carried his position by indirec- tion, and the tedious, bitter, demoralizing, and, so far as Jackson was concerned, personal, struggle ended. Even the commercial and industrial hardship entailed by the loss of so powerful a financial agent was quoted as an evidence of the truth of the President’s charges against it.* . The Post-office Department, which had been conducted under the Treasury Department until 1829, and then set apart as dis~ tinct, came up for investigation. As this was an administration measure, the Department was declared by a House investigating committee to be corrupt, and a bill for its reorganization passed. The President and Senate were in a perpetual snarl. The latter rejected his pet nominations, among them that of Taney for the Treasury, and Stevenson, the Speaker, as Minister to Eng- land. It also attempted to limit his political removals and ap- pointments, by a species of Tenure of Office bill. Congress adjourned june 30, I834. T WENT Y- THIRD CONGRESS—Second Session—Met Dec. 1, 1834. This session was mainly devoted to finance. The deposit of public moneys in the State banks was giving rise to trouble. As a system it was inconvenient ‘and dangerous, though tenaciously adhered to by the Democrats. Its opponents pro- posed as a substitute _a system of Sub-Treasuries at various busi- ness centres, through whose agents the Treasurer might act ‘safely and promptly. This the Democrats voted down, only, however, to fall in with and adopt it at a later date, as their best weapon with which to fight those who favored re-chartering a National Bank. Slight encouragement was given the system of * It is perhaps needless to say that the leading Democratic opponents of the Bank, such as Benton, rested their case on a denial of the right of the government to make anything money except gold and silver. They rigidly interpreted the coinage clause of the Constitution, and popularized the idea that Democrats then constituted “ the hard money party.” A THE UNITED STATES. 369 Internal Improvements, by an appropriation therefor. Congress adjourned sine die’, March 3, 1835. T WENT Y-FOURTH CONGRESS—First Session—Met Dec. 7, 1835. Organized by electing James K. Polk, Tenn, as Speaker. Neither branch was a happy body. An amalgamated opposition to the Democrats controlled the Senate, and the Democratic majority in the House was divided into two factions, one administration, anxious to advance Van Buren’s chances for the Presidency, the other anti-administration, anxious to advance those of Hugh L. White, Tenn. Fortunately no measures of party moment arose. The leading act of the ‘session was one which passed in pursuance of the President’s announcement in his message that the public debt would soon be paid, and his advice that some method of disposing of the surplus revenue should be provided. It is of moment now, in view of the fact that a similar proposition is being mooted, and bids fair to become a party issue. SURPLUS REVENUE—Clay’s previous plan to distribute the surplus arising from the sale of public lands among the States was premature, because the government had need of the money. Now, the extinguishment of the public debt made a similar plan more timely. But how to get at it was a grave question. Every way seemed unsatisfactory till a plan of regu- lating the deposit of public moneys in the State banks was hit upon. Deposits had hitherto been made in the “pet banks.” Now the surplus revenue was to be divided in proportion to the population of each State, and the share of each, as thus ascer- tained, was to be deposited in its designated State bank or banks, for the use of the State, the same to be regarded as in the nature of a loan for whose return, when called on, the State stood as a pledge. This ingenious act passed-both Houses in june, 1836, to take effect ]an. 1, 1837. It applied to all surplus above $ 5,000,000, and under it $26,101,644 were distributed. It ceased to operate in less than a year, by act of Congress, owing to hard times. The Distribution bill _was signed by the Presi- dent reluctantly. The promised benefit to the States did not accrue, nor did those who favored it with the hope of advancing 24. 370 PoLITIcAL HISTORY. their Presidential chances reap the harvest they expected. The panic of 1837 burst upon the country all the same, and the Dem- ocratic party suffered defeat in 1840. Arkansas became a State June 15, 1836. Congress adjourned July 4, 1836. PANIC OF 18 3 7.——The destruction of the United - States Bank, the scaling of duties under the Tariff Act of 18 3 3, the mul- tiplication of State banks and introduction of their variable and doubtful notes, made the financial situation uncertain, distressed business, and tended directly toward panic. This was precipi- tated by an order of the President, issued through his Secretary of Treasury (July, 1836), to the effect that the Treasury should cease to take'State bank notes in payment for Public Lands, but should, in the future, take only gold and silver. From a Treasury standpoint this was justifiable, for the notes of the State banks had been piling up in the Treasury Department in great quan- tities. But as such a result had been invited by the destruction of the National Bank, with its uniform and stable currency, it looked as if the President were recoiling from it. His specie order speedily swamped the State banks, except the “ pet” ones, which were banks designated to receive the national deposits, by creating a demand for gold and silver they could not meet. The panic broke on the country the next year, and the direst distress prevailed in every department of business. ELECTION OF 1836.—This contest opened early by the nomination (1834-35) of H. L. White, Tenn., by the Legislature of Alabama. This was to head off Jackson, who sought the nomination of Van Buren. The White faction was the rest, residue and remainder of the old Crawford faction, members of the extreme school of rigid interpreters, strict State-rights men, former nullifiers, unyielding opponents of Jackson. But the Van Buren forces were not to be demoralized in this way. The era of caucus and legislative nomination had passed. A popular convention met in Baltimore in May, 1835, and placed Martin Van Buren, N. Y., in nomination for President, with Richard M. Johnson, Ky., for Vice-President. This was called a “Loco- Foco” convention, the term having come into popular use the previous winter in New York as a set-off to the term “ Whig,” ;.‘....._. . ,. w. a 4 Q m 6H...- .Ewfiwflf ‘(.091 4: Inri ‘I. l ‘Him CZSJMU mQHv/‘Hmw w>ZHA ~ZO<< OCWHOZ EOCmmv “PHI HVEEA/Umfizl:>. 371 372 POLITICAL HISTORY OF which was at the same time applied to the National Republican party. The “ Loco-Focos ” promulgated a platform, the impor- tant plank in which was adherence to gold and silver as the only proper circulating medium. The Whigs, Anti-Masons, “and all opposed to” Van Buren, united on William Henry Harrison, Ohio, for President, and Francis Granger, N. Y., for Vice-President, who had been the declared nominees of a State convention held in Pennsylvania (1835) To the Alabama nomination of H. L. White for President had been added that of john Tyler, Va., for Vice-President. Feeling that the election could be thrown into the House, where the Democratic division would insure the choice of an opposition candidate, Ohio placed john McLean in nomination for the Presidency, and Massachusetts, Daniel Webster. Thus shaped, the election took place in November, 1836, and resulted in a majority of Van Buren electors. T EVEN T Y—FOURT H CONGRESS—Second Session—Met Dec. 5, 1836. This session was not notable for bills passed, but is memorable for the attempt made by the Southern mem- bers to recover the territory west of the Sabine (Texas), which had been lost at the time of the Florida purchase (1819). Con- trary to the advice contained in the President’s message, against - interference between Mexico and the Republic of Texas (Texas had seceded from the Mexican Republic and set up for herself), the Senate passed a bill recognizing Texan independence, which the House rejected. A NE W POLITICAL FORCE—It is further memorable as directly recognizing a new political force which had been incor- porated in 1833 as the National Anti-Slavery Society, which had been working quietly and suasively by means of lectures, tracts and newspapers, and which, in its preference of abroad humanity for narrow code, had given offence to the South by technical violations of the existing regulations respecting the return of fugitives. The mob violence which had been resorted to in several Northern cities for. the purpose of breaking up the sources of- abolition literature having failed, and there being an THE UNITED STATES. 373 alarming increase of the same in the South, the President advised Congress to pass a bill construing such literature as incendiary and prohibiting its carriage by the United States mails. The times were not yet ripe for this summary method, . and the bill was rejected. THE ELECTORAL COUNT—Michigan was admitted as a State, Jan. 26, 1837. The electoral count in February resulted in 170 for Van Buren; 73 for Harrison; 26 for White; 14 for Webster; and 11 for W. P. Mangum, N. C., for President; and for Vice-President, 147 for Johnson; 77 for Granger; 47 for Tyler; and 23 for William Smith, Ala. There being no choice for Vice—President, the House elected Richard M. Johnson, Ky. Congress adjourned sine die, March 3, 1837, and on March 4 Van Buren and Johnson were sworn into office. Jackson signalized his retiracy by a farewell address, after the . manner of Washington, in which he vindicated his administrative career, and congratulated the country on'its peace, prosperity, and full triumph of the Democratic principles and party. 'His own peace of mind had been exalted by the passage of a resolu- tion, March 16, 1837, expunging the Clay resolution censuring his conduct in the removal of the public moneys from the National Bank. XIII. VAN BUREN’S ADMINISTRATION. March 4, I837—-March 3, I841. MARTIN VAN BUREN, N. Y., President. RICHARD M. JOHN- SON, KY., Wee-President‘. Congresses. Sessions. I, September4, 1837—October 16, 1837, extra session. TWENTY-FIFTH CONGRESS. {2, December 4, 1837-July 9, 1838. 3, December 3, 1838~March 3, 1839. I, December 2, 1839-July 21, 1840. CONGRESS. {2, December 7, 184O_March 3, 1841, 374 PoLITIcAL HISTORY OF ELECTORAL VO TE.* Democrat. Whig. Basis of in. Van Bu- R. M. John: a. H. Harri- F. Grange; States. 47,700. Votes. ren, N. Y. son, Ky. son, Ohio. .‘ Y. Alabama.......... 7 4 4 .. . Arkansas.......... 1 3 3 3 .. . Connecticut . . . . . . - 6 8 8 8 . . . Delaware . . . . . . . . . I 3 . . . 3 3 Georgia . . . . . . . . . . . 9 1 1 7 , 7 . . .1 Illinois............ 3 5 4 4 .. .. Indiana . . . . . . . . . . 7 9 5 5 . . . Kentucky......... 13 15 .. .. 9 9 Louisiana . . . . . . . . . 3 5 so. so. .3 . . . Maine . . . . . . . . . . . . 8 10 IO 10 . . . . Maryland . . . . . . . . . 8 10 . . . . 10 so. Massachusetts . . . . .. 12 14 . . . . sc. 14 Michigan.......... 1 3 .. .. .. .. Mississippi . . . . . . . . 2 4 4 4 . . . . Missouri . . . . . . . . . . 2 4 4 4 . . . . New Hampshire. . . . 5 7 7 7 . . . . NewJersey........ 6 8 .. .. 8 8 New York . . . . . . . . 40 42 42 42 . . North Carolina. 13 15 15 fiat-5 .. .. Ohio . . . . . . . . . . . .. 19 21 .. . . 21 21 Pennsylvania . . .. 28 3o 30 30 . . - . Rhode Island. . . . .. 2 4 4 4 . . . South Carolina.. . . . 9 1 I so. so. . . . . Tennessee . . . . . . .. 13 I5 . . . . 15 15 Vermont.........-.. 5 ‘ 7 ' .. .. 7 7 Virginia . . . . . . . . .. 21 23 23 so. I . . 80. Totals. . . . . . . . 242 294 170 147 73 77 THE CABINET. Secretary of State . . . . . . .John Forsyth, Ga . . . . . . . .Continued. Secretary of Treasury. . . .Levi Woodbury, N. H . . . . “ Secretary of War . . . . . . . .Joel R. Poinsett, S. C. Secretary of Navy . . . . . ..Mahlon Dickerson, N. J.. .Continued. Attorney-General.. . . . . ..Benjamin F. Butler, N. Y... “ Postmaster-General .. . . . ..Amos Kendall, Ky.. . . . . .. “ THE INA UG URAL.—Van Buren’s inaugural teemed with faith in his predecessor and promises to abide by his policy. It congratulated the country on its prosperity and peace, and laid down as his chart. the doctrines of the Democratic party. This commitment was untimely. It made him the executor of *Webster got the 14 votes of Massachusetts; Mangurn the II votes of South Carolina; White 26 votes from various Southern States. For Vice-President, John Tyler got 47 and William Smith 23. The popular vote was, Van Buren, 761,549, 15 States; Harrison, 7 States; White, 2 States; Webster, I State; Mangum, I State—236,656 votes. THE UNITED STATES. 375 the wreck invited by a financial policy which would have in time carried even Jackson down. The State banks had flooded the country with a “ wild-cat ” currency. Values were inflated and speculation rife. The President’s (Jackson's) order to take noth- ing but gold and silver in payment for public lands had by this time resulted in a heavy gold premium, and the impossibility of getting specie at all by the weaker banks. The folly of the law ordering the distribution of the surplus among the States was now apparent, for the surplus was in the keeping of the “pet banks,” and they could not respond to the order to pay money over to the States which they had loaned out and could not promptly collect. On May IO, 183 7, a general suspension of the banks took place. This stopped the treasury, for its deposits were with the banks. The panic of 1837 was on, with its cruel and unparalleled wreck of every vital business interest. T WEN T KFIFT H CONGRESS—Extra Session.——Called Sept. 4, 1837, to consider the financial situation. House organized by electing James K. Polk, Tenn., Speaker. Both branches Dem- ocratic; House by a majority of I 3. The President’s message defended _Iackson’s “ Specie Circular,” but recommended the Gov- ernment to break off from the banks, whether State or National, and rely on an Independent Treasury System,* with an issue of Treasury notes; further, to‘ stop paying the deposits due the States under the act then in force. The message met with vio- lent opposition from Whigs and many Democrats. Clay, Web- ster, Cushing and others made it a text for the review of Dem— ocratic finance, from the beginning of the Government down. The Democratic opponents of the message switched off into a separate party, calling themselves “Conservatives.” The bills enacted sustained the Administration and marked the era of a complete separation between State and National banking. They stopped the distribution of the surplus among the States, extended the time to merchants who had borrowed National * This ‘was really the Sub-Treasury plan proposed by the National Republi- cans in the 23d Congress, and then rejected by the Democrats. It was now opposed by the Whigs, who saw, since the distress was on, an opportunity to re- establish a National bank, and, as they reasoned, thus lift the country out of panic. 376 POLITICAL HISTORY. moneys, and sanctioned the issue of Treasury notes to the ex- tent of $10,000,000. The interest of the session was heightened by Calhoun’s reso- lutions in the Senate against interference with slavery in the States, and to the effect “that it would be inexpedient and im- politic to abolish or control it in the District of Columbia or the Territories.” He was loud in his praise of the Missouri Com- promise of 1820. From this time on the subject of slavery came up in nearly every session of Congress, till 1863. Congress ad- journed, Oct. 16, 1837. T WENT Y-FIFT H CONGRESS—First Regular Session.— Met Dec. 4, 1837. The coalition between the Whigs and Con~ servative Democrats still prevailed, and it defeated in the House the Senate bill to establish an Independent Treasury, though it came to the relief of that department by authorizing it to accept as current the notes of specie-paying banks. This innocent- looking measure really permitted the Administration to get away from the hampering effects of jackson’s Specie Order without the humiliation of formally withdrawing it. The determination of the Southern States to regain Texas came boldly forth this session by a bill for annexation, which did not pass. It will be curious now to watch the growth of this idea of enlarged slave territory, first by direct acquisition, and then by the doctrine that, notwithstanding the Missouri Com- promise, all Government territory was open to slavery; and to note that the idea kept even pace in its growth with the loss of political power occasioned by a preponderance of free States and the rapid growth of the Anti-Slavery sentiment. Congress ad- journed, july 9, 1838. i T WENT Y-FIFTH CONGRESS ——Second Session. ~— Met Dec. 3, I8 38. There was no political legislation of moment dur- ing this session. The Administration was as if wrapped up in a hard Democratic shell, and the drift of sentiment in Congress and the country was away from it and toward the Whigs, or some element equally liberal in its interpretation of the Consti- tution and willing to propound and risk something for the relief of the country. Congress adjourned sine die, March 3, 1839. CALEB CUSlllNG. WM. LLOYD GARRISON. 377 378 , POLITICAL HISTORY OF T WEN T Y-SIX T H C ON GRESS—First Session—Met Dec. 2, 1839. The organization of the House was delayed by a closely contested Congressional election in New Jersey. Five Democrats contested the seats of five Whigs. Neither set was admitted until after the choice of a Speaker, which fell to Robert M. T. Hunter, Va., a Whig, and in favor of the Sub-Treasury plan. The Whigs in this instance were aided by a few regular Democrats and by the friends of Calhoun, who for several sessions had swung free lances in both House and Senate. The final decision of the case was not had till in March, 1840, when the Democratic con— testants were seated, making the full Democratic strength 122, and the Whig strength I 13. The leading act of the session was one providing for the “ collection, safe-keepingiand disbursing of the public money.” It was simply Monroe’s Independent Treas- ury plan, and it was passed by a small majority in‘both Houses and signed by the President. The Whigs opposed it under the lead of Clay, but some of them, as Cushing, favored it. heavy blow was aimed at the system of Internal Improvement by an act suspending all appropriations therefor. The practice of “ pairing off” began during this session. J. Q. Adams intro- duced a resolution to censure it, but it was not put on its pas- sage. The practice has grown ever since—grown to be a nuisance. John Tyler, Va., an ultra Democrat of the Calhoun school, won his way to the Vice-Presidency on the Whig ticket by his opposition to the Administration during this session. Congress adjourned, July 21, 1840. ELECTION ‘OF 1840.—The Whigs took the lead in National Convention at Harrisburg, Pa., Dec. 4, 1839. Clay, the ablest and most pronounced Whig in the country, was not deemed available as a candidate owing to a desire to conciliate the Anti- Mason and other opposing elements, and to the thought that one of military prowess would go through, as Jackson had done. The nomination for President was, therefore, conferred on‘ Wil- liam Henry Harrison, Ohio, and for Vice-President on John Tyler, Va. No platform. The Democratic Convention met at Baltimore, May 5, 1840, and unanimously renominated Van Buren, leaving‘ the States to THE UNITED STATES. 379 / fill up the Vice-Presidency. A lengthy platform was adopted, affirming (1) “That the Federal Government was one of limited powers; ” (2) “ That the Constitution does not confer the right on the Government to carry on a system of internal improve- ment ; ” (3) nor to assume the debts of the States contracted for internal improvement; (4) “Justice and sound policy forbids the Government to foster one branch of industry to the detriment of another or one section to the injury of another; ” (5) urged econ» omy; (6) Congress has no power to charter a U. S.bank; (7) and no power to interfere with the domestic institutions of the States ; (8) Government money must be separated from banking institu- tions ; (9) this country is the asylum of the oppressed of all nations. The Abolition or Liberty party nominated, Nov. 13, 1839, James G. Birney, N. Y., for President, and Francis Lemoyne, Pa., for Vice-President. Its platform favored (I) The abolition of slavery in the District of Columbia and Territories ; (2) Stop- page of the inter-State salve trade; (3) General opposition to slavery to the full extent'of constitutional power. ‘ All parties were now ready. The campaign was the liveliest on record. The October elections inspired the Whigs. Their attack on Van Buren’s financial policy was telling all along the line‘. The furore was intensified by the introduction of the spec- tacular. Log-cabins with the latch-strings hanging out, and barrels of hard cider, were made the type of “ out West” gener- osity and happy pioneer life. The meetings were frequent and extended into every county and town. The result was a Whig victory of astounding magnitude, Van Buren carrying but five Southern and two Northern States. T WEN T Y-SIX T H CONGRESS—Second Session.———Met Dec. 7, 1840. A quiet session and no work of political moment. Electoral vote counted in February, 1841, showing Harrison 234 and Van Buren 60 for President; for Vice-President, Tyler, 234; Johnson, 48; L. W. Tazewell, Va., 11; and James K. Polk, Tenn., I. Congress adjourned sine die, March 3, 1841, and on March 4 Harrison and Tyler were sworn into office. , 380 POLITICAL HISTORY OF HARRISON’S AND TYLER’S ADMINISTRATION. XIV. March 4, 1841—March 3, 1845. WILLIAM HENRY HARRISON, OHIo, President. Congresses. TWENTY-SEVENTH CONGRESS. { TWENTY-EIGHTH CONGRESS. Vice-President. (Harrison died April 4, 1841, having served one month.) ELECTORAL VOTE.* Sessioizs. I, May 31, I84I-September I 3, 1841. Extra Sess. 2, December 6, 1841-August 31, 1842. 3, December 5, 1842—March 3, 1843. JOHN TYLER, VA., 1, December 4, 1843-]une I7, 1844. 2, December 2, 1844—March 3, 1845. Democrat. r—— ‘ fi r--—-—-*"_—\ Wm. H. Har- J. Tyler, M. Van R.M.John- rison, Ohio. Va. Buren, N. Y. son, Ky. . I . U 7 7 . . . . 3 3 8 8 . . . . 3 3 o . . . I! ll . . . . . . O I s s 9 9 Q . O 0 Is . Q Q I s s - - -~ 10 IO 0 o o . 10 IO 0 g o 0 I4 .4 o a 3 3 H I o 4 4 0-0 0 o O O O O ‘ 4 . . . . 7 7 8 8 . . . . ' 42 42 0 o o o Is 15 0 o . . 2! 21 o o 0 . 3o O . O O 4 4 o o o o o . . . II sc. 15 Is 0 o o . 7 7 . I O O 234 234 60 48 Basis of States. 47,700. - Votes. Alabama . . . . . . . . . . 5 7 Arkansas . . . . . . . . . . I 3 Connecticut . . . . . . . . 6 8 Delaware.......... I 3 Georgia. . . . . . . . . . . . 9 1! Illinois . . . . . . . . . . . . 3 5 Indiana . . . . . . . . . . .. 7 9 Kentucky. 13 !5 Louisiana........... 3 5 Maine . . . . . . . . . . . . . 8 10 Maryland . . . . . . . . . .. 8 10 Massachusetts . . . . . . . 12 14 Michigan . . . . . . . . . . I 3 Mississippi. . . . . . 2 4. Missouri . . . . . . . . . . . 2 4 New Hampshire. . . . 5 7 New Jersey . . . . . . . . 6 8 New York . . . . . . . . . . 4o 42 North Carolina... . . .. I 3 15 Ohio . . . . . . . . . . . . . . 19 21 Pennsylvania . . . . . . . 28 30 Rhode Island . . . . . . 2 4 South Carolina. . . . .. 9 1! Tennessee . . . . . . . . . . 13 15 Vermont . . . . . . . . . . 5 7 Virginia............ 21 23 Totals . . . . . . . . . 242 294 * L. W. Tazewell got the 1! votes of South Carolina for Vice-President, and James K. Polk got I vote out of the column of States set down as for Johnson. The popular vote was: Harrison, 1,275,017—19 States; Van Buren, 1,128,702—7 States ; Birney, 7,059. THE UNITED STATES. 381 THE CABINE T. Secretary of State . . . . . . . . . . . . . . . . . .Daniel Webster, Mass. Secretary of Treasury . . . . . . . . . . . . . . .Thomas Ewing, Ohio. Secretary of War . . . . . . . . . . . . . . . . . . .John Bell, Tenn. Secretary of Navy . . . . . . . .'. . . . . . . . . .G. E. Badger, N. C. Attorney-General . . . . . . . . . . . . . . . . . .John J. Crittenden, Ky. Postmaster-General . . . . . . . . . . . . . . . . .Francis Granger, N. Y. THE [NA UGURAL—Harrison’s Inaugural was a genial, assuring paper, with a blow at Jackson’s excessive use of the veto power and his “to the victor belong the spoils” theory, and at both his and Van Buren’s attempts to make political capi- tal out of the currency question. On March 17 he called an extra session of Congress, to convene May 31, to consider the revenue and financial situation. He died April‘ 4, and John Tyler succeeded. This was the first time a Vice-President suc- ceeded to the Presidency on the death of the President. T WENT Y-SE VEN T H CONGRESS—Extra Session—Met, pursuant to call, May 31, 1841. House organized by electing John White, Ky., Whig, Speaker. Whig majority in Senate 6; in House 25. The Whig majority was harmonious and had a plain duty to fulfil, as they thought, for their promises to the country had been explicit during the campaign and their policy well outlined. They therefore began by repealing the Indepen- dent Treasury Act, passing a Bankrupt Law, and an act to dis- tribute certain proceeds of public lands among the States, all of which were signed by President Tyler. But when they came to substitute for the Independent Treasury a U. S. Fiscal Bank, even though it was an acknowledged improvement on the old U. S. Bank, the President interposed with a veto, his reason being that it was unconstitutional. This sudden swing to the President’s old strict construction notions alarmed the Whigs. Not wishing to break with him they asked him to frame a bill which he could sign. After consulting his Cabinet, he presented one which was passed by both Houses, but which, to the aston- ishment of the Whigs and the country, he also vetoed. The Cabinet felt they had been insulted, and, with the exception of Webster, resigned. The Whigs grew indignant over their be- trayal, and in an address to the country declared the President an impediment to their work of reform and repudiated him as 382 ' ' 3 PoLITIcAL HISTORY or the head, and as a member, of the party. Congress adjourned, September 13, 1841. T WENT Y-SE VENT H C ONGRESS—Fjrst Regular Session. -——Met Dec. 6, 1841, amid great political uncertainty. The Presi- dent’s course had demoralized the Whigs, and the fall elections had gone against them. He had reorganized his shattered Cabi- net out of very conservative material, and it stood, Secretary of State, Daniel Webster, Mass; Secretary of Treasury, Walter Forward, Pa.; Secretary of War, John McLean, Ohio; Secre- tary of Navy, A. P. Upshur, Va. ;v Attorney-General, Hugh S. Legaré, S. C.; Postmaster-General, Charles A. Wickliffe, Ky. The folly of having placed him on the ticket was apparent to all, for in accepting a place there, with the implied pledge to favor Whig doctrine, he certainly renounced none of his old rigid con- struction sentiments which threw him into the Calhoun school, and made it impossible for him to ‘support Van Buren and the Democratic ticket. He was certain of a kind of support, how-' ever repudiated by the Whigs, for the Democrats who saw re- turning success through the Whig demoralization, naturally encouraged him in every measure calculated to further stampede them. TARIFF ACT OF I842.—Thus inauspiciously the regular session began. The Whigs came to the front with a Tariff act to amend the act of 1833, under whose scaling terms the duties had run so low that government receipts were now less than the expenses. The bill awakened the old animosities of the school of rigid interpreters, and called forth almost the old debates of 1828 and 1832, which, it will be remembered, were against the constitutionality of the Protective idea, and which involved the question of nullification. It passed, however, but was unfor- tunately coupled with‘ a clause providing for the distribution of any surplus that might arise to the States. The President vetoed it, as violative of the compromise of 1833, which, as to protection and revenue, was to run till 1842, and as to non-dis- crimination against the planting interests was practically without time. Another was passed without protective features. This was also vetoed. A third was passed, without the protective THE UNITED STATES. - 383 and the surplus clauses, and was signed Aug. 30, 1842. This became the Tariff act of 1842. It found a prevailing rate of 20 per cent. on leading articles, and on the principle that the gov- ernment must have revenue, raised the rates some 10 per cent, cottons going to 30 per cent, woollens to 40 per cent., silks to $2.50 per pound, bar iron to $25 per ton, and pig iron to $9 per ton. Tea and coffee were still free, but sugar went to 2% cents per pound. Thebill to distribute the surplus was passed separately and vetoed. In the Senate debates on this Tariff, Clay and Cal- houn, who stood together in the compromise Tariff of 1833, parted company, and the former charged the latter with revamp- ing the “free trade theories of a certain party in the British Parliament.” THE SLAVERY QUES T [ON—An exciting period in the session was reached when John Q. Adams, notwithstanding the previous decision of the House to refuse to entertain petitions for the abolition of slavery, presented a batch of them, on the ground that “the right of petition” was guaranteed by the Con- stitution. For this an unsuccessful attempt was made to vote him censurable. Scarcely had the flurry over this subsided when Joshua R. Giddings, Ohio, moved (March, 1842) his celebrated resolutions to the effect that slavery only exists by force of posi- tive law, and is limited to the territory and jurisdiction wherein such law is found. That, being a curtailment of the rights of man, it cannot go beyond such jurisdiction by force of any com- mon law or custom, nor ‘be instituted anywhere except by express stipulation of the authorities interested. This, in con- nection with the claim that the government had exclusive juris~ diction over its unincorporated and incorporated territory, became the. bulwark of those who afterwards fought to exclude slavery from the Territories. Giddings was censured by the 'House, resigned, and was vindicated by re-election. Congress adjourned, Aug. 31, 1842. T l/VEN T Y-SE VEN T H CONGRESS—Second Session—Met Dec. 5, 1842. The condition of the country was still unsatis- factory. The Treasury was empty, and $14,000,000 behind. The government could not place a loan of $12,000,000, author- 384 POLITICAL ; HISTORY OF ized in 1841. Treasury notes were below par. The revenues were decreasing, for the Tariff Act of Aug. 30, 1842, had not yet begun to operate favorably. The dominant Whigs had lost their leader by the resignation of Clay from the Senate (March, 1842). His repeated defeats for the Presidential nomination, the inability of his party to fulfil its pledges to the people, owing to the hostile attitude of Tyler, the direct attacks of the Administra- tion and its “ corporal’s guard” of followers on him, had filled him with disgust for political life. This was a terrible blow to the party, for he had unflinching courage, rare tact, grand elo- quence, unquestioned rectitude of intention, and'an advanced ground which brought out all the magnetism of his leadership. The best evidence of his qualities as a political captain is fur- nished by the fact that he built and held his party without the ordinary accessories of power and patronage. The session was barren of political results, except a warning by Anti-Slavery Whigs to the country to beware of the secret efforts going on to recover Texas, in the interest of the South. ' Congress adjourned sine die, March 3, 1843. TWEN T Y-EI GH T H CONGRESS ——First Session—Met Dec. 4, 1843. The result of the Congressional elections had been adverse to the Whigs. They had still a majority of four in the Senate; but their majority of twenty-five in the House had been turned into a Democratic majority of sixty-one. The House therefore organized by the election of john W. jones, Va., Speaker. The President’s message was a political curiosity. Contrary to all his rigid construction notions, to the freshest tra- ditions and plainest professions of the only party now giving him comfort and support, he favored a national paper currency, and as to Internal Improvement, he went so far as to urge a system for the West. Two treaties were presented to the Senate for ratification, one rectifying the northwest boundary, the other an- nexing Texas. The latter was rejected, by a solid Whig vote and a strong Democratic contingent (seven in all). This thrust “Texas annexation” directly into politics. To annex at any cost became a Southern policy. A free North on the line of 36° 30’ to the Pacific would prove so overshadowing as to / THE UNITED STATES. 385 endanger the political supremacy of the South and its peculiar institution. Of the two public improvement bills passed during the session, one for the East, the other for the West, the Presi- dent vetoed the former. Congress adjourned, June 17, 1844. ELECTION OF 1844.—The Liberty-Party was first in the field, in convention at Buffalo, N. Y., Aug. 30, 1843. Its candi- date for President was James G. Birney, Mich. ; for Vice-Presi- dent, Thomas Morris, Ohio. Its platform announced (1) human brotherhood as the cardinal principle of democracy; (2) de- manded divorce of the general government from slavery; (3) stated that the party was not sectional but national, resting on the thought that slavery was in derogation of the principle of American liberty; (4) that the faith of the nation as originally pledged in- all original instruments not to extend slavery beyond its present limits had been broken; (5) that slavery is against natural rights, therefore strictly local; (6) that the general gov- ernment has no authority to extend it to the Territories; (7) called on the States to enact penal laws against the return of fugitives. The Whigs met in national'convention at Baltimore, May I, 1844, and nominated, for President, Henry Clay, Ky., and for Vice-President, Theodore Frelinghuysen, N. Y. A brief plat- form announced as cardinal principles (I) “a well-regulated national currency; ” (2) “ a tariff for revenue, discriminating with reference to protection of domestic labor; ” (3) “ distribution of the proceeds of sales of public lands;” (4) “a single term for the Presidency; ” (5) reform of executive usurpation. The Democratic Convention met at Baltimore, May 27, 1844. This was a postponed convention from the previous December, in order to allow the Van Buren sentiment to ferment. Calhoun was Van Buren’s opponent, and the former was running on the Texas annexation tide, the latter against it, not pronouncedly, but enough so to make his slaughter desirable. Calhoun, offended at the postponement of the convention and manner of choosing delegates, did not appear with the South Carolina dele- gation. His influence was not less by absence. Van Buren’s 'clear majority of the.266 delegates was turned to his defeat by 386 'PoLITIcAL HISTORY. a resolution that the nomination should be made only by a two- third vote. This he could not control. He withdrew on the eighth ballot, and James K. Polk, Tenn., received the nomina- tion for President, and George M. Dallas, Pa., for Vice-President.* The platform affirmed that of 1840, and added (I) that the Con- stitution does not warrant the distribution of the proceeds of pub— lic land sales among the States; (2) that the President has a right to use the qualified (“ pocket”) veto; (3) that all of Oregon ought to be reoccupied and Texas be annexed. The parties thus went to the country with their candidates and principles. Texas annexation, the Oregon (“ 54° 40’ or fight”) question, and a vigorous effort to prove that under the act of 1842 Polk and Dallas were safe tariff men, were the hinging points of the Democrats. The Whigs drove the Protective Tariff idea and relied greatly on the fame of their candidate. Silas Wright, who had refused to serve on the Democratic ticket as Vice-President, on account of the slaughter of Van Buren, and who had resigned from the Senate to run as governor of New York, unwittingly contributed to the election of the ticket he had declined to run on. He went through as governor on his individual popularity, and the National ticket followed by a bare majority. The vote of New York elected Polk and Dallas, the State and National elections being held on the same day. And to this result Clay himself was an unwise contributor, for his effort to conciliate Southern Democrats by an untimely letter favoring postponed Texas annexation alienated enough anti-slavery Whigs to have still overcome Polk’s popular majority in New York. In no National election was the result so close and doubtful in so many States. In fourteen it was not known for several days, and in several of these the vote of the Liberty party was a balance of power. ' T WENT Y-EIGH TH C ONGRESS—Second Session—Met Dec. 2, 1844. President Tyler had swung, in every respect, over to the doctrines of the extreme Southern school of Democrats, and actively co-operated with them under the lead of his Secretary of State, John C. Calhoun. His last message favored Texas an- * Silas Wright, N. Y., was first nominated for Vice-Presidenh'but declined. THEODORE FRELINGHUYSEN. THOMAS H. BENTON. 387 33,8 , POLITICAL HISTORY OF nexation and the assumption of ‘ her cause with all its conse- quences. The South was. a unit on this measure. At Ashley, S. C., a meeting had been held (May, 1844), seeking to combine the Southern States in Convention, to unite themselves in a body to Texas, if Texas was not annexed as a State to the Union. The Texas treaty of annexation which had been rejected in the Sen— ate was now substituted bya joint resolution to annex the State, through a commission, it being understood that the incoming President (Polk) would appoint such body. But at Calhoun’s instance and to the surprise of everybody, the President deter- mined to send out (March 3, 1845) a special messenger to arrange terms. Only on Calhoun’s assurance that such act would not interfere with the formal commission provided for did the resolution secure the necessary support. It passed, and in pursuance of it Texas was afterwards incorporated as a State, with slavery under her own constitution, and with the proviso _that slavery should not exist in any State formed from her ter- ritory North of 36° 30', and that the question of slavery in any States formed from her territory South of that line should be left to the people of such States. Her condition being that of war with Mexico, the War was assumed by the United States, it being only a question of time when-the then pending armistice between Texas and Mexico should end. Calhoun did not originally favor war with Mexico. He thought Mexico ‘could be quieted by a money consideration. As the‘ annexation was more his act than the President’s, he was, after war broke out, charged with being its author. A bill to organize Oregon into a Territory up to 54° 40’, away beyond the boundary claimed by England, was passed in the - House, but the Senate failed to consider it. Harbor im— provement bills for both East and West were passed, but vetoed. The result of the-electoral count in ‘February showed 170 elec- toral votes for Polk and Dallas, and 105 for Clay and Freling- huysen. March 3d, Florida became a State of the Union. Con- gress adjourned sine die, March 3, 1845. March 4, 1845, Polk and Dallas were sworn into office. THE UNITED STATES. 389 XV. POLK’S ADMINISTRATION. JAMES K. POLK, TENN., President. March 4, 1845—March 3, 1849. Congresses. TWENTY-NINTH CONGRESS. THIRTIETH CONGRESS. ‘ELECTORAL VOTE.* Basis of States. 70,680. Votes. Alabama . . . . . . . 7 9 Arkansas . . . . . . I 3 Connecticut. . . . .4 6 Delaware . . . . . . I 3 Georgia........ 8 10 Illinois . . . . . . . . 7 9 Indiana . . . . . . . 10 12 Kentucky . . . . . . 10 12 Louisiana . . . . . . 4 Maine. . '7 Maryland . . . . . . 6 Massachusetts . . 10 Michigan . . . . . . 3 Mississippi. . . . . 4 Missouri . . . . . . . 5 New Hampshire 4 New Jersey. . . . . 5 New York. . . . . 34 North Carolina 9 Ohio . . . . . . . . . 21 Pennsylvania . . . 24 Rhode Island . . 2 South Carolina 7 Tennessee.. . . . 11 Vermont . . . . . . . 4 O 0 O O 0 I I Totals.. . . Nun-‘w . \O-s-mw~¢\\io\\ro~mi3°°\o¢\ 13 6 17 275 Vice-President. Sessions. GEORGE M. DALLAS, PA., 1, December I, 1845-August 10, 1846. 2, December 7, 1846—March 3, 1847. 1, December 6, 1847—August I4, 1848. 2, December.4, I848-March 3, 1849. Whig. Democrat. 1.75125 K. P01 Tenn. alias, P 9 9 3 3 i6 i6 9 9 12 12 .6 .8 9 9 5 S 6 6 7 7 6 6 56 5,6 5'6 ‘2'6 9 9 39 ii I76 170 it, George Hen? Clay, Theodore Fre-T 3. Y- O . I .0 .:E.:'U¢O\" 8 12 7 O. u 23 4 ii 6 .0 13? linghuysen, N. Y. '6 3 i; 8 12 7 u 23 4 ii . 6 105 * The popular vote was: Polk, 1,337,243—fifteen States; Clay, 1,299,068— eleven States; Birney, 62,300, 390 POLITICAL HISTORY. “THE CABINET. Secretary of State . . . . . . . . . . . . . . . .James Buchanan, Pa. Secretary of Treasury . . . . . . . . . . . . . .Robert J. Walker, Miss. Secretary of War..~ . . . . . . . . . . . . . . .William L. Marcy, N. Y. Secretary of Navy . . . . . . . . . . . . . . . .George Bancroft, Mass. Attorney-General . . . . . . . . . . . . . . . . .John Y. Mason, Va. Postmaster-General . . . . . . . . . . . . . . . Cave Johnson, Tenn. PRESIDENT ’S MESSA GE—The Message to Congress dwelt largely on the Texas situation, and favored war with Mexico, especially if she infringed the treaty of 1839, as to in~ demnity to American citizens. It referred also to the Oregon boundary, showed the public debt to be $17,000,000, condemned all slavery agitation, favored a Sub-Treasury system, and recom- mended a Tariff for revenue, with protection to home industry as an incident. He applied the Jackson policy of rotation in office in the construction of his Cabinet, and in the Depart- ments. ' T WEN T Y-NIN TH C ON GRESS—First Session.——Met Dec. 1, 1845. Both branches were Democratic. House organized by electing John W. Davis, Dem., Indiana, Speaker, the vote being 120 to 70, though the full Democratic strength was 142, Whig 75, and American 6.* The relative strength in the Senate was 30 Democrat and 25 Whig. . MEXICAN WAR—A popular convention in Texas had ac- cepted the overture for annexation made by the United States. Mexico protested and withdrew her minister to Washington. General Taylor had been sent to the east bank of the Neuces, into neutral territory, and on Dec. 31, 1845, Congress passed an act extending authority over this territory lying between the Neuces and Rio Grande. None of these acts provoked Mexico to war. She was still in negotiable mood. Even before this, Dec. 29, 1845, Texas had passed into the American Union. The President ordered General Taylor (March, 1846) to march to the Rio Grande and hold the neutral ground. He did so, and was met by Arista, at Palo Alto, where a battle was fought. The next day was fought Resaca de la Palma, which sent Arista back * This was the first appearance of the American party in National politics- Four of the above six were from New York, and two from Pennsylvania. ‘q §< >> "1 \\\=’~\ $*§§f 4S; . lllllllllllllllIllllllllllllllIllllllllllllIllllllllllllllllllllllllIlllIllIlllllIlIIllllllllllIIIllHlllllllllllllllllllllilllIllllllllllllIllllllll PRESIDENTS FROM 1841 TO 1353. 1 as 392 - POLITICAL HISTORY OF into Mexican territory. Now American blood had been shed on American soil, and Mexico was an offender. A easus 6ellz' had been found. The President sent a Message to Congress and asked for a Declaration .of War. The House responded with a “ declaration” and $10,000,000 to back it up, the Whigs favoring it under protest, and on the ground that an American army~ must not be sacrificed, even if forced into peril or a doubtful cause by the folly of a President.* ' WILMOT PRO VISO.——With the expectation that the war would soon be over and that an important cession of territory could be had, the President asked Congress for an appropriation of $2,000,000 to be placed at his disposal to negotiate with. To this appropriation, Mr. Wilmot, Pa., on ‘behalf of himself and many Northern Democratic friends, moved what became historic as “The Wilmot Proviso,” to wit, “ That‘no part of the territory thus acquired should be open to the introduction of slavery.” In strict law the proviso was unnecessary, for Mexico had abol- ished-slavery, and any soil acquired from her would be free soil. But Texas had reintroduced slavery before annexation to the United States, and Wilmot felt that any other territory acquired from Mexico would be overrun by slaveholders, who would soon be clamoring for the protection of their institution. And this he felt, too, in the face of the new Democratic doctrine “that no power resided in Congress to legislate upon slavery in the Ter- ritories.” This proviso brought heated discussion of ;the slave question. Calhoun declared it to be an outrage, and menace. It occupied a place in Congress for two sessions. ‘ State Legis- latures acted on it. Parties took it up. From that time on it * The Whigs denounced as a falsehood the declaration, “ Whereas, by the act of the Republic of Mexico a state of war exists between that government and theLUnited States.” The Liberty party opposed the war outright, regarding it as a huge, unjus- - tifiable scheme to acquire slave territory. Calhoun opposed it also, as needless. He felt that the same results could have been brought about with less excitement and loss, and consequently with less detriment to the slave cause, by negotiation. It was said that the President, who had been approached by many members of his own party who were averse to the war, secured their support by the promise that it would be over in a short time and that negotiations for peace had been agreed upon before the war, which only awaited the return of Santa Anna from exile to be signed. THE UNITED STATES. 393 was nothing new to hear of civil war and a dissolution of the Union on account of it. How well Wilmot' guessed may be inferred from the subsequent action of Calhoun (Feb. 19, 1847), when he introduced into the Senate his celebrated Slavery Reso- lutions,‘ declaring the Territories to be the common property of the several States, and denying the right of‘ Congress to prohibit slavery in a Territory or to pass any law which would have the effect to deprive the citizen of any slave State from migrating with his property (slaves) into such Territory. Though these resolutions were not acted on, they answered the purpose in- tended, to wit, to form a basis on which the slave could solidify against the free States; on which a repeal of the Missouri Com- promise line could be effected, and on which the subsequent claim of non-interference with slavery in the Territories could be founded. THE OREGON BOUNDARY—The last Democratic plat- form had pronounced in favor of an Oregon Territory up to the line of 54° 40’, “or a fight” with England. The Whigs, now that Texas had been annexed, asked for a fulfilment of their pledges.* The Democrats of the extreme Southern school op— posed any action, but enough of them came to the support of the President to warrant him in going on with negotiations. He soon found that he could not keep his party pledges of 54° 40’, for England refused to surrender above 49°.‘j' The opinion of the Senate was asked, in accordance with an old Federal custom. The Whigs accepted the responsibility, joined with enough Dem- ocrats to save the administration from its party friends, and agreed to sanction a treaty based on 49°. This became the Oregon Treaty of June 15, 1846, by which war with England was averted. It was followed by a bill to organize The Territory of Oregon, without slavery. It was opposed by Southern Democrats, but passed, and was not reached in the Senate. TARIFF OF 1846._’[—-This disappointing act, passed in a * For a full statement of this boundary trouble, see Oregon Treaty, p. 107. 1- Calhoun, when Secretary of State, had proposed 49° as a line upon which an adjustment might be had. In this he was at odds with his party. 1 “ The bill passed the House and came to the Senate. Section was again arrayed 394 POLITICAL HISTORY OF partisan spirit, against the promises of the Democrats not to disturb the act of 1842, and in obedience to the doctrine of rigid interpretation, which admitted of Tariff for revenue without the incident of protection, reduced the rates provided in the former act, from five to twenty per cent, and introduced the theory of general an’ valorenz duties. The river and harbor improvement bills, passed by both Houses, were vetoed, on the old rigid con- struction ground that the government had no right to appro- priate money for internal improvements. Congress adjourned, Aug. 10, 1846. .. T WEN T Y-NIN TH C ON GRESS—Second Session.—Met Dec. 7, 1846. Mexican war measures occupied the time of this session. Appropriations were made to sustain the war, and pur- chase territory. Over the latter a spirited debate was had,which resulted in its passage in the House with the Wilmot proviso attached, and its passage in the Senate with the proviso removed. The House then acquiesced in the Senate’s position. Ineffectual attempts were made to formally extend the Missouri Compromise line to the Pacific, to organize Oregon Territory, without slavery, and to appropriate money for Internal Improvement. All these measures showed a sectional vote. The Improvement bills passed, but received a pocket veto. Congress adjourned sine die, March 3, 1847. T HIR T IET H C ON GRESS—First Session—Met Dec. 6, 1847. The Whigs were in a majority in the House, and organ- ized it by electing Robert C. Winthrop, Mass, Speaker. The Democrats controlled the Senate. The President’s message ex- tolled the working of the new Sub-Treasury system, spoke of against section in the debate, and before the vote was taken it was found that the Senate was a tie, and that the Vice-President would have the casting vote. George M. Dallas, a Pennsylvanian, could defeat or pass the bill. He had the presidential bee in his bonnet as bad as any man I ever knew, and, hoping that he could gain I the favor of the South in aid of his aspirations, he gave the casting vote against the section of his nativity, and the tariff bill of ’46 became a law. As I anticipated, it put out the fire in our furnaces, paralyzed many of our best industries, and, finally, brought the credit of the Government to a discount. It also had a disastrous effect upon the dominant party, and cost them the presidency in 1848, when General Taylor was chosen.”--Hon. Simon Cameron, in Press. THE UNITED STATES. 395 the continued success of the Mexican war, and stated that nego- tiations for peace were then pending. These negotiations re- sulted in the treaty of Guadaloupe-Hidalgo (Feb., 1848), which made the Rio Grande the boundary and gave New Mexico and Upper California to the United States for $15,000,000. This immense acquisition of territory brought up the slavery question again, and during the debates on the erection of Oregon Ter- ritory without slavery, and the proposition to extend the Mis- souri Compromise line to the Pacific, Calhoun took occasion to say, “ The great strife between the North and South is ended. The North is determined to exclude the property of slaveholders, and of course slaveholders themselves, from its territory. The separation of the North and South is completed. The South is bound to show that dearly as she prizes the Union, there are questions she regards as of more importance than the Union. It is not a question of territorial government, but a question involving the continuance of the Union.” ‘ ' A compromise bill passed the Senate, organizing Oregon, California and New Mexico, leaving slavery questions to be de- cided by the Supreme Court. The House rejected this, and sent the Senate the Oregon bill above mentioned. The Senate accepted this, but amended it so as to extend the Missouri Com- promise line to the Pacific. The House regarded this as danger- ous, since it would cut the country into two. distinct sections with different, if not hostile, institutions, and would, moreover, be equivalent to extending slavery to vast free areas, the Mex- ican territory being all free under Mexican laws. It therefore refused to extend the line. The Senate receded, and the Oregon bill passed, without slavery. The vital question in all these de- bates was the right of Congress to legislate on slavery in the Territories, a question which was pushed in many ways' till it culminated in the Kansas-Nebraska affair, the Dred Scott. de- cision, and the desperate step of secession. The House took decided ground in favor of Internal Improvement bya resolution aimed at the rigid interpreters, claiming that the government had a right to improve‘ rivers and harbors, under the clause to regu- late commerce and provide for the common defense. Wisconsin 396' POLITICAL HISTORY. entered the Union, May 29, 1848. Congress adjourned, Aug. 14, 1848. ELECTION OF 1848.—The Democrats took the field first in National Convention at Baltimore, May 22, 1848. The two- third rule, which defeated Van Buren in the previous conven- tion, was affirmed, and has since prevailed in the conventions of that party. Lewis Cass, Mich., was nominated for President, and William O. Butler, Ky., for Vice-President. A great con- tention arose over the power of the government to regulate slavery in the Territories, and a test resolution to the effect that the Congress had no power to interfere with slavery either in the States or Territories was voted down. The platform affirmed that of 1844, and went on to (I) congratulate the country on the results of the Mexican war; (2) commended the qualified veto; (3) denounced a Tariff, except for revenue, and hailed “ the noble impulse given to the cause of free trade by the repeal of the tariff of 1842 and the creation of the more equal, honest _and productive tariff of 1846;” (4) congratulated the Republic of France; (5) endorsed Polk’s administration. The Whig National Convention met at Philadelphia, _Iune 7, 1848, and nominated General Zachary Taylor, La.~,_ for President, and Millard Fillmore, N. Y., for Vice-President. Taylor’s recent military achievements in Mexico gave him the preference over such other candidates as Clay, Webster and Scott. Test resolu- tions favoring the Wilmot Proviso were voted down. The I Whigs were no more ready for open commitment to anti-slavery than the Democrats had shown themselves, in their convention, to be ready for open commitment to a pro-slavery policy. The convention did not adopt a platform, but resolutions passed at a grand ratification meeting, on the 9th of june, answered the same purpose. They were mainly heroic, inviting the country to a trial of well-known Whig principles under’ the laurel- crowned Chieftain whose name was held in such high honor by every American. _ ' The Free Soil Democrats met in convention at Buffalo, Aug. 9, 1848, and nominated for President Martin Van Buren, N.Y., and for Vice-President Charles F rancis AdamS,_Mass. This faction LEWIS CASS. CHAS. FRANCIS ADAMS. 397 398 POLITICAL HISTORY OF of Democrats, called “ Barnburners ” by their opponents, had sent a delegation to the Baltimore convention, pledged to oppose the further extension of slavery in the Territories. A counter dele- gation, called “ Hunkers,” also sent a delegation pledged to non- agitation of the slavery question. The convention sheared each of its strength by dividing the vote between them. This being equivalent to no vote at all, the Free Soilers withdrew and set up candidates of their own. They promulgated a lengthy plat- _ form which sought to secure free soil to a free people; (2) withheld support from both the regular parties because one (the Democratic) had stifled free sentiment, and the other (Whig) had been afraid to pronounce itself; (3) affirming the ordinance of 1787, and the proviso of Jefferson that after 1800 no slavery should exist in the Territories; (4) that slavery exists only by State law and tha “Congress has no more power to make a slave than to make a king;” (5) that the only way to prevent slavery in territory now free is to prevent it in all territory; (6) favoring Internal Improvement; (7) Watchword, “Free Soil, Free Speech, Free Labor, Free Men.” The campaign was not a bitter one, except as the Democrats made it bitter among themselves. The effort to establish slavery in the newly-acquired ‘Mexican territory, and to push the slavery question ‘so as to commit the government either to non-inter- ference with it or to direct sanction of it in all territory, estranged many Democrats. The Southern Democrats themselves were not a unit, for many of ‘them preferred Taylor, from a slave State and without a platform, to Cass, from a free State and with a platform which did not directly favor or mention slavery. The old Liberty party‘ blended with the‘Free Soil party. As in the former campaign, New York was the political turning-point. And as the Liberty party, by dividing the Whigs, had given it to Polk in 1844, so now the Free'Soilers, by weakening the Demo- crats, gave it to the 'Whigs. The election in November was a Whig victory. THIRTIETH CONGRESS—Second Session—Met Dec. 4, 1848. Parties were very fidgety during this session. In view of the prominence given to slavery agitation, the old party lines THE UNITED STATES. ‘399 began to chafe considerably. Thus the Northerh Democrats, almost in a body, voted in the House to organize the Territories of California and New Mexico withou‘t slavery, or, as it was then termed, with the Wilmot Proviso. This the Senate amended by providing for their organization with slavery. The Senate at- tempted to‘ force its position by making. the bill a part of the appropriation bill, thus presenting to the House the alternative of a moneyless government or two slave Territories. The re- sponse was an appropriation bill and the old Mexican free laws till July 4, 1850. The Senate withdrew its “rider,” and the appropriation bill passed. A violent debate sprung up in the House over a resolution condemning the exhibition and sale of slaves in the city of Washington. The electoral count in Feb- ruary showed for Taylor and Fillmore 163 votes, and for Cass and Butler. 127 votes. Congress adjourned sine die, March 3, 1849. The candidates-elect were sworn into office March 5, 1849, the 4th being Sunday. XVI. TAYLOR’S AND FI-LLMORE’S ADMINISTRATIONS. March 5, 1849—March 3, 185 3. ZACHARY TAYLOR, LA., President. MILLARD FILLMORE, N. Y., ‘ Vice-President. Congresses. Sessions. I, December 3, 1849—September 30, 1850. THIRTY-FIRST CONGRESS. { 2’ December 2’ I85(,_Mar¢h 3, 1351_ 1, December I, 1851—August 31, 1852. THIRTY-SECOND CONGRESS. 2, December 6, 1352_March 3, 1353, ELECTORAL VOTE.* Whig. Democrat. Basis of (Zachary Tay- Millard Fill‘- Tewis Cass, W.O.ButI States. 70,680. Vote. ~lor, La. more, N. Y. Mich. ler, Ky. Alabama . . . . . . . . . . . . 7 9 . . . . 9 9 Arkansas . . . . . . . . . . . . I 3 - - - - 3 3 ‘Connecticut. 4 6 6 6 .. .. ' Delaware........'..-..-. 1 3 3 3 " * The popular vote was: Taylor, 1,360,101—15 States; Cass, 1,220,544--I 5 States; Van Buren, 291,263. ' ' 400 POLITICAL HISTORY or Electoral Vote—Continued. Whig. ' Democrat. Basis of IZTzchary Tay- Millard Fill: LEWIS Cass, W.O.But- States. 70,680. Vote. lor, La. more, N. Y. Mich. ler, Ky. Florida . . . . . . . . . . . . .. 1 3 3 3 ' . . . . Georgia. . .- . . . . . . . . . . . 8 10 10 ~ 10 . . . . Illinois . . . . . . . . . . . . . . 7 9 . . 9 9 Indiana . . . . . . . . . . . . .. 10 12 ' . . 12 12 Iowa . . . . . . . . . . . . . . . . 2 4 . . . . 4 4 Kentucky............. IO ‘ 12 12 _ 12 .. .. Louisiana . . . . . . . . . . . . 4 6 6 6 . . . - Maine..- . . . . . . . . . . .. 7 9 . ‘.. 9 9 Maryland . . . . . . . . . . . . 6 8 8 8 . . ' . - . Massachusetts . . . . . . . . 10 12 12 12 . . . . Michigan . . . . . . . . . . . .. 5 . . . 5 5 Mississippi . . . . . . . . . . .. i 6 . . 6 6 Missouri . . . . . . . . . . . . . 5 7 . . 7 7 New Hampshire . . . . .. 4 6 . . . 6 6 New Jersey . . . . . . . . . . 5 7 7 7 . . . New York . . . . . . . . . . . 34 36 36 36 . . ‘ . North Carolina........ 9 11 11 11 .. . Ohio . . . . . . . . . . . . . . .. 21 . 23 .. . . 23 23 Pennsylvania . . . . . . . . . 24 26 26 26 . . . . Rhode Island . . . . . . . . 2 4 4 4 . . . . South Carolina.. . . . . .. 7 9 . . . . 9 9 Tennessee . . . . . . . . . .. 11 13 I3 13 . . .. Texas................ 2 4 .. .. 4 4 Vermont . . . . . . . . . . . . 4 6 6 6 . . Virginia . . . . . . . . . . . . . 15 I7 . . 7 17 Wisconsin............ 2 4 .. .. 4 4 Totals . . . . . . . . . . . . .230 290 163 163 127 127 THE CABINET Secretary of State . . . . . . . . . . . .John M. Clayton, Del.' Secretary of Treasury . . . . . . . . .William M. Meredith, Pa. Secretary of War . . . . . . . . . . . .Geo. W. Crawford, Ga. Secretary of Navy . . . . . . . . . . . .William B. Preston, Va. Secretary of Interior . . . . . . . . . .Thomas H. Ewing, Ohio.* Attorney-General . . . . . . . . . . . . .Reverdy johnson, Md. Postmaster-General . . . . . . . . . . .Jacob Collamer, Vt. T HIRT Y-FIRS T C ON GRESS—First Session—Met Dec. 3, 1849. The Senate was Democratic, 35 to 25. In the House were I 10 Democrats, 105 Whigs and 9 Free Soilers. The latter held a balance of power, and stubbornly exercised it through sixty-two ineffectual ballots for Speaker. Only by agreeing that the highest number of votes for any one candidate should elect, was a Speaker chosen in the person of Howell Cobb, Ga., a Democrat of the extreme Southern school, and a slavery exten- *,This “ HomeDepartment,” since called “ the Interior Department,” was created by the Thirtieth Congress. . .l. I r - THE vUNITED STATES. 401. sionist. The annual message deprecated the sectional feeling regarding slavery, spoke of the folly of disunion as a remedy, and took the Jackson stand, that at all hazards the Union must be maintained. CALHOUN ’5 NEW DOC T RINE.—The postponed ques- tion of the extension of the Missouri Compromise line to the Pacific came up early. Calhoun, always aggressive and masterly, proposed to cover the whole question by extending the Constitu- tion of the United States to all the newly-acquired Mexican Territory.* Webster met this situation by showing that the Constitution was designed only for States, and that it could not operate even in the States without an act of Congress to enforce it. Further, that the sanction which that instrument gave to slavery where it existed would not create slavery where it did not exist, for slavery was a creation of the several States and not of the general government. While Calhoun’s proposition was under debate the President’s views were presented. They favored the admission of California directly,]” as she was ready, and the erection of New Mexico and Utah into Territories, unmixed with slavery, leaving the matter to be decided by their people when they asked for admission as States. COMPROMISE OF 1850.-—Clay now came forward with a set of compromise measures, which in one shape or another were adopted during the session, and in the aggregate became known as the Compromise of 1850. They, in general, provided for the admission of California; for the erection of New Mexico and Utah Territories, unmixed with slavery, the same to be de- cided by the people when they came to form States; the adj ust- ment of the Texas boundary and thepayment of a money in- demnity to that State; a more vigorous fugitive slave law; the abolition of the slave trade, but no interference with it in the District of Columbia. The Whigs and Free .Soilers regarded Clay's Compromise as a weak and unnecessary concession of - * Calhoun’s idea was that inasmuch as the Constitution sanctioned slavery, its ex- tension over any territory would establish slavery there. j'California had formed a State Constitution without slavery, June 3, 1849, and had made formal application for admission as a State, Feb. 13, I850. 26 402 POLITICAL HISTORY‘ 0F free soil principles, and the extreme pro-slavery Democrats re- garded it as a surrender of the late doctrine that Congress had no right to prohibit a slaveholder from going where he pleased in the Territories and taking his property with him. The meas- ures therefore satisfied but few of the leaders, yet they served the purpose of temporarily postponing the agitation and perhaps averting, for the time, secession and civil war, threats of which, on the part of the South, were rife. California became a State, without slavery, Sept. 9, 1850* The Fugitive Slave Law, the result of the Compromise, was a severe measure, much more so than the old one. It greatly encouraged the pursuit of fugitives, made it compulsory on all citizens to aid in their arrest, and compelled U. S. Commissioners to remand them without trial. Its execution led to indignant protest on the part of Northern citizens and to the protection of free negroes, charged with being slaves, by special State enactments. That part of the Compromise prohibiting interference with slavery in the District of Columbia was not accepted, and slavery was abolished therein by act of Sept. 15, 1850. The Congress adjourned, Sept. 30, 1850. TA YLOR’S DEA T II—After an illness of four days, due to exposure in the sun on Independence day, President Taylor died, July 9, I850. Vice—President Fillmore was duly inaugurated, July 10, 1850. His Cabinet was confirmed by the Senate, as follows: Secretary of State, Daniel Webster, Mass; Secretary of Treasury, Thomas Corwin, Ohio; Secretary of War, Winfield Scott, ad interim, and Charles M. Conrad, La., permanently; Secretary of Navy, William A. Graham, N. C.; Secretary of In‘ * The political importance of California to the South was ‘great. Long before, the free States preponderated in the House. But the Senate thus far was equally divided between North and South. California turned the scale. Her admission as a free State gave 32 free State Senators to 30 slave State Senators, and there was no other State ready for admission south of 36° 30', nor likely- to be for a long time. Besides California was the first fruit of the Mexican conquest, and the policy which controlled her admission was likely to hold as to the remainder of the Mexican Ter- ritory. It was a disappointing situation for the pro-slavery leaders, and the begin- ning of that policy which sought to break down all old barriers and compromises, invited the Kansas difficulty, and formed a prelude to a separate Confederacy. THE UNITED STATES. 403 terior, A. H. H. Stuart, Va.; Attorney-General, John J. Critten- den, Ky.; Postmaster-General, Nathan K. Hall, N. Y. POLITICAL S] T UA T I ON.-——While this sad transition was a peaceful one, and boded no disaster to the dominant party as did that from Harrison to Tyler, there were many things going on, more or less portentous. In the session of Congress just adjourned (First session Thirty-first Congress) the slavery meas- ures of the extreme Southern Democrats had been even more opposed by Northern Democrats than by the Whigs. This was not only following up their charge that the pro-slavery element of the party had betrayed them in the previous Presidential cam- paign, but it showed a disposition to break away from the ultra doctrine of slavery extension to which the slaveholding mem- bers sought to commit the entire party. The Whigs had not, as was expected, committed themselves in their National Convention to the Wilmot proviso. They there- fore did not attract the members of the Liberty party, nor those of its successor, the Free Soil Democrats. On the contrary they lost many of their leaders to the pro—slavery Democrats. Thus while the Democratic party was being torn to pieces by losses of its Free Soil element, it was being recuperated by accessions of the prosslavery Whig element. The Whigs losing, gained noth- ing, and their decay as a positive political force dates from the death of Taylor. We have seen how rapidly the pro—slavery whirlpool was made to revolve under the bold yet skillful management of Calhoun, and how at every revolution the country had to face some new situation, till, failing, to force the _line of 36° 30' through to the Pacific, thus making a free and slave section, it took the form of broad denial of the right of the government to interfere with slavery in any place, or at all. The accession of pro-slavery Whigs to the Democrats changed the aspect of affairs somewhat. It stopped, for the time being, the threats of seces- sion and war, and introduced a new, more conservative and popular idea, over which to wrangle. It will be remembered the Democrats, in their last National Convention at Baltimore, had voted down a resolution to the effect that the government 404 POLITICAL HISTORY. had no authority over slavery in the Territories, the corollary being, that the people of each Territory should be let alone to ‘treat the matter as they pleased. The pro-slavery Whigs now took hold of this doctrine and forced it on the attention of the Democrats and the country. It was the doctrine which after- wards became known as Popular, or Squatter, Sovereignty, which figured so prominently in the Kansas affair, and which served to draw Douglas, Geary, Reeder and other leaders outside - of the then existing Democratic lines. It was the doctrine also which the hardy miners of California applied in their own State, to the surprise, if not disgust, of those who originated it. The pro-slavery sentiment which had thus proved a wedge to force asunder the Whig party, and had nothing more to fear from it as an organization, had to address itself to a more thorough con- trol of the Democratic party. But in the meantime there would be an advance of opposition sentiment, and _a final gathering up . of political fragments into something more formidable, as a political force, than had yet been dreamed of. T HIR T Y-FIRS T C ON GRESS—Second Session. Met Dec. 2, 1850. The session was quiet and gloomy. The administra- tion had nothing new to urge, and parties agreed to hold their own in comparative peace. Adjourned sine die, March 3, 1851. T HIRT Y-SEC OND C ON GRESS—First Session—Met Dec. 1, 1851. The Congressional elections had turned on the Com- promise measures of 1850, and the people endorsed them, as a happy quietus to slavery agitation, by returning a majority of Democrats of rather conservative turn. Both branches were, therefore, Democratic, the Senate by 8 and the House by 50. The House organized by electing Linn Boyd, Ky., Democrat, Speaker. The application of‘ the Platte country (afterwards Nebraska and Kansas) for a Territorial government threatened for a time to open .the slavery question, but the matter was dropped before debate took acrimonious turn. There was but little disposition shown on the part of the majority to antagonize the administration, and in general the session work was rou- . tine. I GENERAL \VINFIELD SCOTT. P. HALE. JO 11 N 405 406 ' POLITICAL HISTORY OF ELECTION OF 1852.—4The Democrats led the field in National Convention at Baltimore, june 1, 1852. This was a supreme effort of the Southern or pro-slavery Democrats to commit the party to their doctrine of slavery extension, and to a rigid interpretation of the powers of the general government, the latter being then and afterwards best known as “State Rights” doctrine. The nominee for President was Franklin Pierce, N. H.; and for Vice-President, \Nilliam R. King, Ala. The platform reaffirmed the greater part of that of 1848, and added: (1) No more revenue than is necessary to defray the expenses of the government. (2) No National Bank. (3) Sep- aration of government moneys from banking. The country is an asylum for the oppressed: therefore, no abridgment of citizenship and the right to own soil. (5) Congress has no right to interfere with or control the domestic institutions of the States. Endorsement of the Compromise measures of 1850, and resistance to all attempts to renew the slavery agitation. (7) Adhesion to the Kentucky and Virginia resolutions of 1798. (8) The war with Mexico was necessary and its results approved. (9) No monopoly for the few at the expense of the many, and the Union as it is and should be. The Whigs met in National Convention at Baltimore, June 16, 1852, and nominated for President, Winfield Scott, Va. ; for Vice-President, William A. Graham, N. C. The platform claimed: (1) A sufficient power in the government to sustain it and make'it operative. (2) Revenue from tariff, with “suitable encouragement to American industry.” (3) Internal Improve- ment. (4) Endorsed the Compromise measures of 1850, “the Fugitive Slave Law included.” The platform was fair to the party—though extremely conservative—except the endorsement of the Compromise measures of 1850, “including the Fugitive Slave Law,” which endorsement, as the sequel proved, was a part of the plan of the extreme pro-slavery leadersto commit both "political parties to their policy of slavery extension, and which reacted on the Whig party with twice the effect it did on the Democratic party, so‘ soon as the nature of those Compromise measures became fully known. THE UNITED STATES. 407 The Free Soil Democrats held their National Convention at Pittsburg, Pa., August 11, 1852, and nominated for President, John P. Hale, N. H.; for Vice-President, George W. ulian, Ind. Its platform announced : That government was established to secure‘the inalienable rights of life, liberty and the pursuit of happiness. (2) That the Constitution expressly denies to the general government all power to ‘deprive any person of life, liberty or property without due process of law; that, therefore, it has no more power to make a slave than a king, or to establish slavery than establish a monarchy. (3) No more slave States, no slave Territory, no national slavery, no national legislation for the extradition of slaves. (4) The Fugitive Slave Law of 1850 denounced as repugnant to the Constitution, common law, Chris- tianity, and of no binding force. (5) The Compromise measures of 18 50 disapproved. (6) Both political parties repudiated. The election in November resulted in a Democratic victory, the Whigs carrying only Massachusetts, Vermont, Kentucky and Tennessee, though the result in most of the others was very close. THIRTY-SECOND CONGRESS—Second Session—Met Dec. 6, I8 52. The bill for the organization of the Territory of the Platte, rejected at the last session, came up in the shape of a bill to organize the Territory of Nebraska, which included 1 Kansas. It was rejected by the Senate, at the instance of Southern members, the time not being ripe for open assumption of the position to which the Compromise measures of 1850 logically led. The electoral count, in February, showed 254 votes for Pierce and King, and 42 for Scott and Graham. Con- gress adjourned sine die, March 3, 1853. President Pierce was sworn into office, March 4, 185 3, and Vice-President King some time afterwards, he being sick on March 4. 408 POLITICAL HISTORY OF XVII. PIERCE’S ADMINISTRATION. March 4, 1853—March 3, 1857. FRANKLIN PIERCE, N. H., President. WILLIAM R. KING, ALA., V ice-President. , Congresses. ~ ' _ Sessions. 1, December 5, 1853-August 7, 1854. 2, December 4, 1854—March 3, 1855. 1, December 5, 1855-August 18, 1856. THIRTY-FOURTH CoNcREss. { 2, August 21, 1856—August 30, 1856, extra session. 3, December I, 1856—March 3, 1857. THIRTY-THIRD CoNcREss. ELECTORAL VO T E.* Democrats. Whigs. ' T‘Tgklin William‘ R: Tvinfieid William 9: Basis of Pierce, King, Scott, Graham, States. 93,423 Votes. N. H. Ala. Va. N. C. Alabama . . . . . . . . . . . . . 7 9 9 9 . . . Arkansas . . . . . . . . . . . . 2 4 4 4 . . . California . . . . . . . . . . . . 2 4 4 4 . . . Connecticut . . . . . . . . . . 4 6 6 6 . _. . Delaware . . . . . . . . . . . . 1 3 3 2 . . . Florida . . . . . . . . . . . . . . 1 3 3 3 . . . Georgia . . . . . . . . . . . . . . 8 10 10 - Io . . . IllinoisQ . . . . . . . . . . . .2 9 11 11 II .. . Indiana...'............11 13 I3 13 .. Iowa................. 2 4 4 4 . .. Kentucky............. 10 12 .. .. 12 12 Louisiana . . . . . . . . . . . . 4 6 6 6 . . . Maine . . . . . . . . . . . . . . . 6 8 8 8 . . . Maryland . . . . . . . . . . . 6 ' 8 8 8 . . . . Massachusetts . . . . . . . . II 13 . . . . I 3 13 Michigan.............. 4 6 '6 6 .. . Mississippi . . . . . . . . . . . 5 7 7 7 . . . Missouri . . . . . . . . . . . . . 7 9 9 9 . . . New Hampshire. . . . 3 5 5 5 . . . New jersey . . . . . . . . . . 5 7 7 7 . . . . New York . . . . . . . . . . .. 33 35 35 35 on .. North Carolina.. . . . . . . 8 10 10 10 . . . . Ohio . . . . . . . . . . . . . . . . 21 23 23 _ 23 . . . . Pennsylvania . . . . . . . . . 25 27 27 27 . . . . Rhode Island . . . . . . . . . 2 4 4 4 . . . . South Carolina.. . . . . .. 6 8 8 8 . . . . Tennessee............ 10 12 .. .. 12 12 Texas . . . . . . . . . . . . . . . . 2 4 4 4 . . . . Vermont . . . . . . . . . . . . . 3 5 . . . . 5 5 Virginia . . . . . . . . . . . . .. I3 15 15. 15 .. _ . Wisconsin . . . . . . . .. '. . . 3 5 5 5 . . __._: Total . . . . . . . . . . 234 296 254 254 42 42 * The popular vote was, Pierce, 1,601 ,474—27 States; Scott, 1,386, 578-4 States; Hale, 156,149. ‘ ' THE UNITED STATES. 409 " THE CABINET Secretary of State . . . . . . . .William L. Marcy, N. Y. Secretary of Treasury. . . ..James Guthrie, Ky. Secretary of War . . . . . . . .Jefferson Davis, Miss. Secretary of Navy . . . . . . . .James C. Dobbin, N. C. Secretary of Interior. . . ...Robert McLelland, Mich. Attorney-General . . . . . . . .Caleb Cushing, Mass. Postmaster-GeneraL. . . . . . James Campbell, Pa. POLITICAL SI T UA T I ON.—The administration opened with surface indications of peace. The country had ratified the Compromise measures of 1850, on the theory that they afforded an escape from slavery agitation, but without knowing that they were fuller of the germs of agitation than any measures yet propounded. Both parties had been'committed to them in their platforms, at the instance of their pro-slavery members ;- they therefore stood committed to the logical results of those measures, or else to demoralizing retreat. The discovery of what they contained appalled the Whigs. They never recovered from the shock, lost their organization, never ran another Presi- dential Candidate. They literally died of too much Compro- mise, or, as was piquantly said at the time, “of an attempt to swallow the Fugitive Slave law.” President Pierce in his first message thoroughly committed the administration to the Com- promise measures. The pro-slavery Democrats were therefore in a very enviable situation. They could force their construction of the situation with the hands of the Whig party tied, and with the assurance that the Democratic organization was firmly with them. THIRTY- THIRD CONGRESS—First Sessione—MetiDec. 5, 1853. The Democrats had a majority in the House, over all opposition, of 74, and in the Senate of 14. The House organized by re-electing Linn Boyd, Ky., ‘Speaker. Discussion of the’ Kansas-Nebraska bill occupied the greater part of the session. It opened the slavery agitation in a new form, and it was not to cease till quieted by arms. The Nebraska bill of the previous sessions took the form of a bill to create two Territories out of the Platte country, the Territories of Kansas and Nebraska. Both lay north of 36° 30', the Missouri Compromise line of 1820; and therefore both were free Territories according to the provi-v 410 POLITICAL HISTORY. sions of that Compromise. But the new pro-slavery doctrine-— new since the Compromise measures of 1850—was, that these measures of 1850 invalidated those of 1820, and committed the government to non-interference with slavery in the Territories. Therefore the slavery question was an open one as to all terri- tory, with no right on the part of Congress to legislate for or against it. The Senate Bill (Kansas and Nebraska), under the amendment of Mr’. Douglas, therefore provided, “that so much of the Compromise bill of 1820 preventing slavery north of 36° 30', as was inconsistent with the Compromise of 1850 establishing non-intervention by Congress with slavery in either States or Territories, was inoperative and void, it being the true intent and meaning of this act not to legislate slavery into any Territory or State, nor to exclude it therefrom, but to leave the people thereof perfectly free to form and regulate their domestic institutions in their own way, subject only to the Constitution of the United States.” This amendment is noteworthy. It admitted what the pro- slavery Democrats and Whigs already knew, that the Compro- mise measures of 1850, logically construed, repealed the Com- promise of 1820. It hampered them, however, for with the repeal of the Compromise of 1820 and their claim to go where they pleased with slave property, they had all the public terri- tory open to slavery. The Douglas idea was that introduced into the Democratic party by pro-slavery Whigs, to wit, the idea of squatter or popular sovereignty, a leaving of slavery to the Voice of the people of the Territory or proposed State. While the bill as thus amended was not what the South wanted, it secured the united support of ‘pro-slavery Democrats and Whigs, but it divided the Northern Democrats into two even bodies (44 each), one of which supported it, and the other. op- posed it. The Northern Whigs opposed it and the Free Soil Democracy. The Democratic breach soon closed, but the Whig breach widened, and the Northern wing left their name to be perpetuated for a little while by their Southern brethren, they in the meantime assuming the title of anti-Nebraska men, soon to be merged into Republican. STEPHEN A. DOUGLAS. WILLIAM L. MARCY. 411 412 POLITICAL HISTORY OF The passage of the bill, May 25, 1854, opened the eyes of the entire country to what was concealed in the apparently innof cent Compromise measures of 1850, and transferred the‘scene' '- of combat from Congress to the plains of the West, where it was carried on amid confusion and bloodshed for years. The squatter sovereignty idea placed the free and slave States on their merits as colonizers. The section that could send the greatest number of bona fia'e settlers into the new fields was bound to win in the end. Could the South, which had always out-manoeuvred the North in- slave diplomacy, cope with that more populous section in this practical adjudication of the deli- cate question P Congress adjourned, August 7, 18 54. T HIR T Y- THIRD C ON GRESS—Second Session—Met Dec- 4, 1854. The session resulted in no measure of political sig- nificance. Adjourned sine die, March 3, 18 55. A NEW POLITICAL FORCE—The Native American idea is almost as old as the country. In 1790 naturalization could be had after two years’ residenee; In 1795 it required five years’ residence. A great majority of foreigners, either Frenchmen ' direct or Irish and Scotch driven from home for sympathy with France, naturally affiliated with the Republican, party, which was always ready for a war with England. This fact induced the Federal measure of 1798, extending the period for naturalization to fourteen years. In 1802 the Republicans, in order to rein- force their party, fixed the time at five years, where it has since stood. They were not disappointed, for this legal consultation of a tendency, backed by the encouragement it ever received in their declaration of principles, has always secured to them a majority of the foreign vote, especially in the cities. To coun- teract, or correct, this, an organized movement was begun in New York as early as 1835. In 1844 the Native American-s carried that-city, electing their Mayor by a good majority. This success caused the movement to spread to adjoining States. It em- braced members of all parties, and became prominent in local municipal contests. Its presence in Philadelphia resulted in the murderous riots of 1844. In 1852 it reappeared as a secret or- ganization, officially as the American party, but popularly as the THE UNITED STATES. 413 “ Know-Nothing ” party, from the reticenceof its members as to their principles. Of it Hon. A. H. H. Stuart, Va., said: “The vital principle of the American party is Amerz'eanz'sm—develop- ing itself in a deep-rooted attachment to our own country—its Constitution, its union, its laws—to American men, American measures, American interests.” Its cardinal principle was: “Americans must rule America; ” its countersign was the order of Washington at a critical time during the Revolution, “Put none but Americans on guard to-night.” By holding a balance of power in many cities and States, its vote decided several im- portant elections, and as the extent of its influence could not be - foreknown, political results were at times genuine surprises to party leaders. It received large accessions from the Whigs, es- pecially of the South, after the passage of the Kansas and Ne- braska bill, who could not go with their Northern brethren into the anti-Nebraska movement, nor yet with the Democrats into a pronounced pro-slavery movement. In 1855 it carried as many as nine State elections. It was therefore a power which had been startlingly felt in the Congressional elections of that year, andwas to be still further felt in the session about to be held’. - T HIR T Y-FO UR T H C ON GRESS—F irst Session—Met Dec. 3, 1855. In the Senate the Democrats had a majority of nine. In. the House the magnificent Democratic majority of the pre- vious Congress had been wiped out and turned into one of anti- Nebraska men, of whom there were .1 17, as against 79 straight Democrats and 37 pro-slavery Whigs. Owing to the fact that many of the majority were Know-Nothings, a protracted contest arose over the speakership. A choice was not made till Febru- ary, 1856, when a resort was had to the method adopted by the Thirty-first Congress, that of a choice by the highest number of votes. N. P. Banks, Mass., was then chosen on the 131st bal- lot. He was a pronounced anti-Nebraska man, and therefore the majority were represented in the Speaker. This was the stormy beginning of one of the stormiest sessions ever held. KANSAS T ROUBLE—The Kansas question came up im- mediately and occupied the entire session. As we have seen the passage of the Kansas-Nebraska Act (1854), with the NATHANIEL P. BANKS. 414 THE UNITED STATES. 415 Squatter Sovereignty Amendment, threw open these Territories to competitive settlement by North and South, or by anti-slavery and pro-slavery men. The South had the advantage of prox- imity—Missouri being next to Kansas. The Missourians swarmed over the border and elected a congressional delegate, Nov. 29, 18 54, who was accepted by the Congress. They did the same in 1855, and elected a Legislature, which met at Pawnee in July of that year, and enacted a State Constitution, strongly pro-slavery'in its terms. The anti-slavery settlers were all this time pouring in through Iowa and Nebraska—they had been prohibited from passing through the State of Missouri—against the armed protest of the pro-slavery occupants—Border Ruffians as they were called—- and the condition of the Territory was one of war, with but little doubt as to the result, for the anti-slavery settlers came to make investment and to stay, while the pro-slavery occupants clung less tenaciously to the soil, and wasted time and energy in the excitement which the new field furnished. The anti-slavery or free State settlers met in convention at Topeka, Septf5, 1855, and enacted a free State constitution. They denounced the ex- isting Legislature as not of Kansas, but the work of Missourians who had crossed the border to create it, elected a delegate to Congress, who was rejected, and on Jan. I 5, 18 56, elected State officers, and asked to be admitted as a State. Their work was rejected by Congress. The local. conflict grew louder and more sanguinary. The President interfered, Jan. 24, 1856, by a message endorsing the pro-slavery Legislature, and, Feb. 11, 1856, by a proclamation denouncing the attempt to form a 1 free State government as an act of rebellion. He ordered the governor of the Territory (Shannon) to enforce the laws of the pro-slavery Legislature with the United States troops. This only added to the excite- ment. The free State Legislature, which met at Topeka, July 4, 18 56, was broken up by United States troops, acting under the President’s order. By this time a congressional committee, sent to the scene, reported that no free, fair election had ever been held in the Territory. On the strength of this, and in order to. 41 6 , POLITICAL HISTORY. balk the effort to force a government on the people without a fair expression of their sentiments as to whether it should be slave or free, the House refused to appropriate money for the army if it were to be used to sustain the pro-slavery Legislature of the Territory. It would be impossible to conceive of the excitement in both Houses over the question, and throughout the country. In the Senate Charles Sumner was knocked down and beaten (May 22, 1856), by Representative Brooks, South Carolina, for a speech which criticised his relative, Senator Butler, South Carolina. Congress adjourned Aug. 18, 1856. THIRTY-FOURTH CONGRESS—Extra Session.——Called Aug. 21, 1856. This session was called to meet the emergency occasioned by the adjournment of Aug. 18, without an appro- priation for the army. The House still insisted on its proviso that the army should not be used to force a pro-slavery govern- ment on the people of Kansas; but a change of governors hav- ing been announced—i—Shannon was superseded by Geary*—it receded, and the army appropriation bill was passed. The extra session adjourned Aug. 30, 18 56. ELECTION OF 18 56.-—The Know-Nothing organization, which had been so successful in the State and local elections of 1855, would now try its hand in national affairs as The American Party. It took the field first, and met in national convention, at Philadelphia, Feb. 22, 1856. There were 227 delegates present. All the States were represented except Maine, Vermont, Georgia, and South Carolina. Many of the delegates (probably a fourth) were not so much “Americans” as anti-slavery men. Millard Fillmore, New York, was nominated for President, and Andrew I. Donelson, Tennessee, for Vice-President. The platform an- nounced: (I) Perpetuation of the Union. (2) Preference of native-born citizens for office. (3) No office for any one who ‘recognizes obligation to any foreign prince, potentate, or power. (4) Non-interference by Congress with ‘questions belonging to individual States, nor by States with each other. ( 5) The right * Geary arrived Sept. 9, 1856, and succeeded in bringing about a suspension of local hostilities without directly using the United States forces. \. \.....\ .\\ CHARLES SUMNER. PRESTON S. BROOKS. 417 27 41 8 POLITICAL HISTORY. of native-born and naturalized citizens of any Territory to frame their own constitution and laws, and regulate their social affairs in their own way. (6) A residence of twenty-one years as ne- cessary to naturalization. On account of the failure of the convention to recognize the right of Congress to re-establish the Missouri Compromise line, the anti-slavery delegates withdrew, and threw their strength to the coming Republican party. ‘ The Democratic Convention met at Cincinnati, June 2, 1856, and nominated James Buchanan, Pennsylvania, for President, and John C. Breckinridge, Kentucky, for Vice-President. The plat— form endorsed preceding ones, and added, (I). Opposition to Americanism. (2) No more revenue than is necessary to defray expenses. (3) No general system of Internal Improvement. (4) Strict construction of Federal powers. (5) No National Bank. (6) No interference with Slavery in the Territories, the people to have the right to settle that question for themselves (this was an endorsement of the Squatter Sovereignty idea). (7) Approval of the Kansas-Nebraska bill.- REPUBLICAN PARTY. *—This new candidate for national favor‘ received a name, said to have been suggested by Governor Seward, N. Y., in the latter part of 1855 or early part of 1856. It was a substitute for the title of “Anti-Nebraska Men,” then applied to those who had opposed the Kansas-Nebraska act, and who were, in general, opposed to slavery and its extension. It raised a standard around which could rally the old Liberty party, the Free Soil Democracy, the Anti-Slavery Whigs, and all who were finding it irksom . to follow the Democratic party as it grew more rigid in its interpretation of the Constitution, in- clined more and more to make a political dogma of State Rights, and refused to separate its own existence from that of slavery in the State, and slavery extension in the Territory. The Republican party held its first National Convention at Philadelphia, June17, 1856, and nominated John ‘C. Fremont, Cal., for President, and William M. Dayton, N. 1., for Vice- *Called the “Black Republican” party by its opponents, on account of its sympathy for ‘the colored races JoHN c. FREMONT. ROBERT J. WALKER. 419 420 POLITICAL HISTORY OF President. Its platform showed that its members were liberal interpreters of the Constitution. It announced : (I) That the Con- stitution, the rights of the States, and the Union of the States, shall be preserved. (2) “ No person shall be deprived of life, liberty or property without due process of law,” and denial of the authority of Congress, or of a Territorial Legislature, or of any association of individuals, to give legal existence to slavery In any Territory of the United States, under the present Con- stitution. (3) Congress, in the exercise of its Constitutional power over Territories, ought to prohibit “those twin relics of barbarism, polygamy and slavery.” (4) Denounced the Kansas policy of the administration, and all effort to set up a pro-slavery government there, in defiance of the will of the people. (5) The immediate admission of Kansas with her Free State Constitution. (6) Government aid for a Pacific Railroad. (7) A system of In- ternal Improvement. The Whigs, or what was left of them, met at Baltimore, Sept. I 7, 1856. They, in common with the Know-Nothings, de- nounced the Democratic and Republican parties as sectional, and then, without further endorsing or discussing the Know- Nothing principles, agreed to support Fillmore and Donelson, because they regarded the country as already, in a state of civil war, and believed that their election would be the best means of restoring peace. The Whig name now disappears from the party lists. . After an exciting campaign, involving a wide discussion of principles, the election in November showed 1 State (Maryland) for Fillmore; 11 free States for Fremont; 14 slave States and the rest of the free (19 in all) States for Buchanan. , T HIR T Y-FOURT H C ON GRESS—Second Session—Met- Dec. 1, I8 56. The result of the Presidential election had served to tighten party lines. The Anti-Nebraska Men (now Republi- ' cans) were numerically the strongest body (108) in the House, but could not command a majority as against the Democrats (83) and Americans (43) or Know-Nothings. The Senate stood 40 Democrats; 15 Republicans; 5 Americans. THE KANSAS QUEST ION.——The dispersion of the Free THE UNITED STATES. 421 State Legislature at Topeka, Jan. 6, 185 7, by Federal‘ troops, and the arrest of its officers and many members, again brought the question prominently before Congress. The House passed . a bill declaring the acts of the Pro-Slavery Legislature op- pressive and void, which the Senate tabled. A change of governors from Geary, who had lost caste with the Pro-Slavery Legislature, to Robert J. Walker, Miss., gave respite from dis- I cussion for thetime being. TARIFF OF 1857.—While this session showed a spirit of generosity in encouraging railroad enterprises in the West by grants of public lands, it struck the country a cruel blow on the very last day of the session (March 3) by enacting the tariff of 1857. This measure reduced duties all along the line of imports, and on leading articles almost to such rates as were wont to prevail before the war of 1812, and had prevailed at no time since except at the end of the sliding scale (1841) provided by the act of 1833f‘< The electoral count in February showed 174 votes for Bu- chanan and Breckinridge ; 114 for Fremont and Dayton; 8 for Fillmore and Donelson. Congress adjourned sine die, March 3, 185 7. The candidates elect were sworn into office, March 4, 1857. )(\/III; BU'CHANAN'S ADMINISTRATION. March 4, 1857—March 3, 1861. JAMES BUCHANAN, PA., President. JOHN C. BRECKINRIDGE, KY., Vere-President. Congresses. Sessions. I, December 7, 1857—June 14, 1858. 2, December 6, I858---March 3, 1859. 1, December 5, I859—June 25, 1860. THIRTY'SIXTH CONGRESS‘ 2, December 3, 1860—March 3, 1861. THIRTY-FIFTH CONGRESS. * This year (1857) occurred a great financial panic, during which there were 5,123 commercial failures. The administration was compelled to borrow money at a dis count of 8 to 10 per cent. 422 POLITICAL HISTORY OF ELECTORAL V0 T E.* Democrat. Republican. American. .- ’—James J. c. ‘ {‘dhn 0. W111. L.‘ ifinaie A. . I Basis of Buchanan, Breckin- remont, Da ton, Fillmore, Done son, States. 93,423. Vote. Pa. ridge, Ky. Cal. . J. N. Y. Tenn. Alabama.......... 7 9 9 9 .. .. ..~ .. Arkansas . . . . . . . . .. 2 4 4 4 . . . . . . . . California . . . . . . . . . 2 4 4 4 . . . . . . . . Connecticut . . . . . .. 4 6 ’ 0 0 6 6 o o 0 0 Delaware . . . . . . . .. 1 3 3 3 . . . . . . . . Florida . . . . - . a . . -. I 3 3 3 o o o o o 0 o 0 Georgia............ 8 IO 10 10 .. .. 00 00 Illinois . . . . . . . . . .. 9 II 11 11 .. .. .. 00 Indiana . - - . . . . . - 0 II 13 13 I3 0 o o o o o o I Iowa . . . . . . . . . . . . . 2 v 4 . . . . 4. 4 . . . . Kentucky......... 10 12 12 12 .. .. .. .. Louisiana......... 4 6 6 6 .. .. H .. Maine............. 6 8 .. 8 8 .. 00 Maryland . . . . . . . . . 6 ‘ 8 . . . . . . 8 Massachusetts..... 11 13 ' . . 13 I3 .. 00 Michigan . . . . . . . . . . 4 6 . . 6 6 . . . . Mississippi . . . . . . . . 5 7 7 7 . . . . . . . . Missouri........... 7 9 9 9 .. .. H .. New Hampshire. . . 3 5 . . 5 5 . . . . New Jersey........ 5 7 7 7 .. .. 00 00 New York . . . . . . . . 33 35 . . . . 35 35 . . 00 North Carolina. . . . 8 10 10 10 . . . . 0 . Ohio . . . . . . . . . . . . . . 21 23 . . . 23 23 . . . . Pennsylvania . . . . . . 25 27 27 27 . . . . . . . . Rhode Island.. . . .. 2 4 . . . . 4 4 . . . . South Carolina. . . . 6 8 8 8 . . . . . . 00 Tennessee . . . . . . . . 10 12 12 12 . . . . . . . . TeXaS............. 2 '4 \4. 4 .0 o. .0 00 Vermont . . . . . . . . .. 3 5 .. .. _ 5 5 .. 00 Virginia . . . . . . . . .. 13 15 .15 15 .. .. .. .. Wisconsin . . . . . . . . 3 5 . . . . 5 5 . . . . Totals.. . . . . ..234 296 174 T7? 114 114 8 8 THE CABINET Secretary of State . . . . . . . . . . Lewis Cass, Mich. Secretary of Treasury . . . . . ..Howell Cobb, Ga. Secretary of War . . . . . . . . . .John B. Floyd, Va. Secretary of N avy.. . . ; . ..Isaac Toucey, Conn. Secretary of Interior. . . . . . ..Jacob Thompson, Miss . . . . . . ... .Continued. Attorney-General . . . . . . . . . .Jeremiah S. Black, Pa. Postmaster-General. . . . . .Aaron V. Brown. POLITICAL SI T UA T ION—A glance at the electoral vote shows that the persistent effort of the pro~slavery leaders to unify the Democratic party in their interest had at last succeeded. * The popular vote was, Buchanan, 1,838,169—19 States; Fremont, I, 341 ,264— 11 States; Fillmore, 874,534—1 State. THE UNITED STATES. 423 Buchanan's election was a triumph for the South. The large vote for the Republican nominee showed the possibilities of the new party. The popular vote of the country was largely against the Democrats. The American or Fillmore vote represented those who wished to ignore the Slavery question. _As things were shaping they must swing to some positive position ere long. It but remained for the Republicans to take a firm stand on the Slavery question. The agitation was sure to go on, and that in a way which must weaken Democracy by schism, for the extreme Southern leaders were beginning to see that the “ Squat- ter Sovereignty” idea was not one which would bring them slavery extension, but would in the end defeat their long cher- ished intentions.‘ They found that they were not natural colonizers, and that to establish a plantation in Kansas, or any Territory, and stock it with slaves, was a very different thing from taking up a small tract by a free-footed young farmer, ambitious 'to plow, sow and reap for himself. This was where “ Squatter Sovereignty” was proving deadly. Not much wonder - that when the extreme Southern Democrats saw their mistake—— or rather repented of their commitment to it, for they never favored it except as a means, perhaps their only means then, of capturing the entire Democratic organization—they backed away from it, charged its recognized authors‘or expounders, Douglas and others, with weak, unfair, and even treacherous, dealing, and finally resorted to the plan of a separate con- federacy.* DRED SCOTT DECISION—The decision of the U. S. * Two other methods of adding to the diminishing political importance of the South had been broached. One was to reopen the African slave trade. This would provide a means of pouring into the Territories an unlimited stream of slave immigrants, and thus competing with the greater numbers and resources of the North. The other was to conquer and annex Cuba and Central America. This was the meaning of the Lopez filibustering expedition which started from New Orleans (1851) for-Cuba. And so with the Walker filibustering expedition, from the same place (185 5), which operated on Central America. As encouragement to this idea of conquest and annexation, the Ostend Manifesto was proclaimed by our American ministers in England, France and Spain, citing that the safety of the United States required the acquisition of Cuba. 424 POLITICAL HISTORY OF Supreme Court, delivered by Chief justice Taney, March 6, 18 56, in the Dred Scott case, awakened intense interest, and be- gat feelings of alarm thoughout the North. Its political effect was to bring the position of the extreme pro-slavery Democrats into bold-relief. When Calhoun, years before, asked that the Constitution be extended to the Territories, he had two lines of thought: (I) That the Constitution sanctioned slavery. (2) That its extension would extend slavery, for a slave was property as anything else material was property. As we have seen, he was driven from this ultra position, or rather his position became un- tenable, by reason of the growth of the “ Squatter Sovereignty” idea. But now the Supreme Court had come squarely to his position, and ‘even gone beyond it.* Notwithstanding the slave was by the Constitution and for purposes of representation three- fifths of a freeman, he became by the decision a chattel “ without rights or privileges except such as those who held the power and the government might choose to grant him.” The plaintiff, Dred Scott, was not even a plaintiff in court, but a mere thing without status, and his case was dismissed for want of jurisdic- tion. Further, the Compromise of 1820 was unconstitutional, and no act of Congress could be passed under the Constitution * As this important case was the last pro-slavery effort to sustain itself by form of law, and as the drift thenceforth is toward armed arbitrament, it _is well to know its history. The case opened: 7 DRED SCOTT U. S. Circuit Court, Dist. Missouri. vs. { To April T., 1854. jOHN F. A. SANFORD. Trespass Vi et armis. ~The plaintifi", Dred Scott, was an original slave of F. A. Sanford, of Missouri. His owner resided in Illinois, a free State, with him from 1834 to 1838. He further resided with him in Minnesota Territory, free soil also, as being north of 36° 30’, the Missouri Compromise line of 1820. He then removed back to Missouri with him. The slave there resisted a flogging by bringing suit for damages, on the plea that residence in Illinois and Minnesota had made him a free man. The defense was that a descendant of slave ancestors could never be free, was not a citizen, had no status in court. The plaintiff won in the District Court. An appea‘ brought it to the Supreme Court. The opinion of the Chief justice was not unanimous, but dis- senting Opinions were filed. At the time of the decision many of the free States had laws, and all were operating on the principle, to the efl‘ect that a slave leaving his slave State and entering a free one was no longer a slave, but free. For the opinions in full, see Howard’s U. S. Supreme Court Reports, vol. 19, p. 393. THE UNITED STATES. 425 with a view to preventing a slaveholder from entering any State or Territory with his slave property any more than from enter- ing it with his goods and chattels of whatever description. The legal effect of the decision was not only to wipe out the Compromise measure of 1820, which had been done construc- tively by those of 1850, but to wipe out those of 1850 also, which had introduced the Squatter or Popular Sovereignty idea; that is, the idea of leaving the question of slavery to be decided by the people of the Territories when they came to form State Constitu- tions. It, in fine, opened all the Territories and all the free States, to the advent of slavery, no matter what their local laws might say on the subject. It nationalized the institution, by degrading the slave to the level of a horse, cow, plow or carriage, and over- rode every sentiment of humanity respecting him, as well as the old and well—established notion that as an institution slavery was a creature of State, or local, enactments. The decision was all too plainly a reflex of the extreme Southern sentiment to meet with sanction from the North, and as it destroyed the hope of Douglas and his how important Democratic following for a settlement of the question on the basis of Popular Sovereignty, they began to drift away from the regular party organization. T HIR T Y-FIF T H C ON GRESS—First Session—Met Dec. 7, 185 7. The Presidential election carried along with it a Demo-' cratic majority in both branches of the Congress. The Senate stood 39 Democrats, 20 Republicans, 5 Americans; the House 131 Democrats, 92 Republicans, 14 Americans. The tone of the parties was different also. The Republicans were squarely across the way of the Democrats. The Democrats were emboldened by recent successes, and by the fact that the administration was heartily with them. This latter they had been assured ‘of by the message, which was all they could have wished. On the absorbing question of slavery as presented by the Kansas diffi- culty, the President took the ground that the State ought to be admitted at once under the Lecompton Constitution,* which sanctioned slavery. * The pro-Slavery party had (1855) adopted the Pawnee Constitution, which was simply the Constitution of Missouri, with a criminal code added raising numerous 426 POLITICAL HISTORY. The House organized by electing James L. Orr, S. C., Demo- crat, Speaker. A contest immediately arose over a bill, framed in accordance with the President’s suggestion, to admit Kansas under the Lecompton Constitution. For three months the con- tention was bitter, abusive, and sectional. The Republicans took . the ground that the Lecompton Convention, having been called to frame a Constitution and having done so, the instrument must be ratified by the people before the State could ask for admission. _ In this they were supported by Douglas, Broderick, Adrian, Hickman, and other Democrats (called Anti-Lecompton Demo— crats), who saw their theory of popular sovereignty destroyed if the people were to be denied an opportunity to express their preferences for or against slavery in their Constitution, by direct vote on the instrument itself. The Southern Democrats stood’ solid for the bill and the President’s position, that the delegates having been called to make a Constitution, there was no need i of submitting it to the people. The bill passed the Senate. In the House it passed with the proviso that the Constitution should be first voted on by the people. A conference bill was finally agreed uponhwhich must be set down as an inexcusable, if not shameless, piece of legislation, ‘inasmuch as it offered a bribe to the State to adopt the Lecompton Constitution. This bill ad- mitted the State with the House proviso, and the additional proviso that in case it adopted the Lecompton Constitution‘, it should have a large grant of public lands. To the credit of the Territory this did. not have the desired effect, and on the sub- ofi'ences against slavery and imposing the death penalty. Not wishing to submit this to the people they called another Convention to meet at Lecompton to frame a Constitution. This was submitted to the people for'ratification (December, 1857) by ballots printed “ Constitution with Slavery,” and “ Constitution without Slavery.” As this gave the voter who was opposed to other features of the instrument no opportunity to record his views, the Free State party refused to vote, and refused to consider it a submission of the instrument to popular verdict. They, therefore, through the Territorial Legislature, which body they had secured control of at a regular election in which both parties participated, ordered another election which would give the people an opportunity to vote for or against the Constitutiomand not for or against a single clause in it. This was the election held in August, 1858, which repudiated the Constitution by nearly 10,000 majority. THADDEUS STEVENS. WENDELL PHILLIPS. 428 POLITICAL HISTORY OF mission of the Constitution to the people, Aug. 2, 1858, it was rejected by an overwhelming majority. Minnesota became a State in the Union, May II, 18 58. Congress adjourned, June 14, 1858. T HIRT Y-FIFT H CONGRESS—Second Session—Met Dec. 6, 1858. The session was barren of political results, though much discussion was had over slavery, the disposition of public lands among heads of families, afterwards known as the Home- _ stead policy, and the appropriation of public lands for school purposes. Oregon entered the Union, Feb. 14, 1859. Congress adjourned sz'ne die, March 3, 1859. AN EXCITING SUMMER—The supreme topic was slavery, '7 and Kansas was the pivot on which it turned. The rejection of the Lecompton Constitution with slavery gave opportunity for another convention, at Wyandot, july, 1859, which drafted the Wyandot Constitution without slavery. This was ratified by the people, by a majority of 4,000. It was the Constitution under which Kansas‘ was afterwards admitted, jan. 29, 1861. This verdict of the people of Kansas in favor of a free State showed that there was nothing in the popular sovereignty idea upon which slavery could rely. ' The affair of john Brown at Harper’s Ferry, Oct. I 7, 1859, shocked sentiment both North and South. The audacity of his effort to stir up a slave insurrection, or to advance the anti- slavery cause by seizure of a town, and by armed force, awakened at first a feeling of repulsion. But the anger it begat, in the slave States, their eagerness to arm for defense, their desire to implicate the entire North in the raid, and their swift execution of the criminal, had the effect of eclipsing his crime by sympathy for the man, and by further animosity toward slavery itself. The hanging of john Brown, Dec. 2, 1859, at Charlestown, W. Va., marks the date when the discussion of the right and wrong of slavery passed all political limits, and became general in social circles, in jurisprudence, and in religion. - HIRTY-SIXTH CONGRESS—First Session—Met Dec. 5, 1859. The Congressional elections had resulted favorably to the Republicans, and, though without a majority in the House, THE UNITED STATES. 429 they outnumbered any other party. Analysis of the respective branches showed, in the Senate, 38 Democrats, 25. Republicans, 2 Americans; House, 109 Republicans, 86 Democrats, 13 Anti- Lecompton Democrats, 22 Americans. This situation led to a protracted dispute over the organization of the House. Balloting was carried on two months, before it resulted in the choice of William Pennington, Republican, N. J., as Speaker. . The application of Kansas for admission under the Wyandot Free State Constitution opened the slavery discussion with all its accustomed severity and prolixity. The House admitted the State, but the Senate rejected it, and engaged in a lengthy and desperate attempt to get. back to the old Calhoun position that slavery in the Territories was beyond the jurisdiction of either Congress or the Territorial Legislatures ; in other words, that it must follow the Federal Constitution, and was inherent in the common law regarding personal property. An effort to pass .a Homestead bill drew strictly party debate. The pro-slavery Democrats opposed the policy of cheap lands to immigrants. The Kansas experience had proved that .the more populous North was the best colonizer, and that any extra inducement would only lead to an increased number of Free States. A ‘spirited party discussion sprang up over the report of the com- mittee appointed at the instance of Mr. Covode, Pa., and known as the “ Covode Investigation,” to examine into the conduct of the Administration respecting the admission of Kansas as a slave State. The report found the Administration guilty of bribing members and editors to advocate the admission of the State under the Lecompton Constitution. Congress adjourned, June 25,1860. ' ELECTION OF 1860—The Democratic National Conven- tion met at Charleston, S. C., April 23, 1860. Delegates were present from all the States, to the number of 303. Caleb Cush- ing, Mass., presided. An early division of sentiment respecting slavery arose. The Southern and all extreme pro-slavery Democrats held that, under the Dred Scott decision, slavery could not be interdicted in the Territories. The Douglas Dem- ocrats held squarelyto the doctrine of squatter, or popular sov- 430 POLITICAL HISTORY OF ereignty. The dispute over these positions was so grave and lengthy that balloting for a candidate did not begin till May 1st. After fifty-seven ineffectual ballots, no choice appeared. Stephen A.‘Douglas, Ill., stood highest, but never rose above 15 3 votes, 202 being necessary to a choice, under the two-thirds rule. A Douglas, or Popular Sovereignty platform had been adopted by the convention, and thereupon many delegates from the Southern States withdrew. Seeing that no choice was possible, the con- vention adjourned to‘ meet at Baltimore, June 18. The places of the withdrawn delegates had, in the meantime, been filled by those favorable to Mr. Douglas. The nominees therefore became Stephen A. Douglas, lll., for President, and Herschel V. Johnson, Ga., for Vice-President. A portion of this convention also se- ceded, and met the seceded Charleston convention on the 28th. The platform affirmed the Cincinnati platform of 18 56, and added clauses pledging Democracy to a Pacific Railroad, and govern- ment aid therefor; favoring the acquisition of Cuba; denouncing State enactments designed to defeat the Fugitive Slave law; ac- quiescence in Supreme Court decisions, but construction of them in the vein of Popular Sovereignty. The seceders from the Charleston Convention organized in Charleston and adjourned to meet in Richmond, June 1 1. They then adjourned to meet in Baltimore, June 28. Here they were reinforced by the seceders from the Baltimore Conven- tion, under the lead of Butler and Cushing. The nominees be- came John C. Breckinridge, Ky., for President, and Joseph Lane, Oregon, for Vice-President. The platform affirmed the Cincin- nati platform of 18 56, and pledged the party to a Pacific Rail- road; to the acquisition of Cuba; favored the execution of the Fugitive Slave law; announced that the unorganized territory of the United States was open to all citizens with whatever kind of property ; that the federal government must protect the rights 'of persons and property wherever its authority extends; that the right of sovereignty begins when the settlers in a territory have a population adequate to the formation of a State constitu- tion, and is consummated by the admission of theiState, and that then its people stand on a par with the people of all the THE UNITED STATES. 431 States, and the State ought to be admitted with or without slavery, as its constitution provides. The Republican National Convention met at Chicago, May 16, 1860, in the “Wigwam,” built for the purpose. ‘Delegates were present from all the Northern States and from Delaware, Maryland, Kentucky, Missouri and Virginia, with scattering representatives from all the Southern States except the Gulf States. The work of the Convention ended in a single day by the nomination of Abraham Lincoln, 111., for President, and Hannibal Hamlin, Me., for Vice-President. The platform an- nounced:(1) the necessity of the Republican party; (2) main- tenance of the principles of the Declaration; (3) denounced all schemes of disunion; (4) maintenance of the rights of States; (5) denounced the administration for attempting to force Kansas in as a slave State under the Lecompton constitution and con- trary to the will of her people; (6) decried the extravagance of the administration; (7) the normal condition of the Territories is free, and no stock in the dogma that the constitution carries slavery there; (8) the admission of Kansas as a free State; protection to American industry, a Homestead law, a Pacific Railroad, Internal Improvement. ' The American party, under the title of “ Constitutional Union,” met at Baltimore, May 9, 1860. Twenty States were repre- sented. John Bell, Tenn., was nominated for President, and Edward Everett, Mass, for Vice-President. Their only hope of success was in throwing the election into the House. The platform affirmed “ the constitution of the country, the. union of the States, and the enforcement of the laws.” The campaign was vigorously conducted. There was much argument over the respective attitudes of the parties _on the slavery question. On the part of Republicans spectacular features were introduced after the manner of the Harrison cam- paign of 1840. Mr. Lincoln was pictured as “ The Rail Splitter” of the ‘West, with telling effect among farmers and the industrial classes.- As the campaign advanced and the hopelessness of the pro-slavery Democrats increased, they began to turn their atten- tion to the remedy which secession provided. The November 432 POLITICAL HISTORY. result was a choice of Republican electors from every free State, except New‘ Jersey, which gave four for Lincoln and three for Douglas, and. a consequent majority in the Electoral College. This led to prompt action on the part of South Carolina, whose Legislature was then (November) in session to choose electors. Instead of doing so that body called a State Convention, which, Dec. 17, 1860, passed the first “ Ordinance of Secession.” THIRTY-SIXTH CONGRESS— Second Session. —— Met Dec. 3, 1860. Probably no session of Congress was ever called upon to meet so many new and grave propositions. Cer- tainly none had ever convened amid such serious surroundings. The only situation analogous to it was in 1832, when South Carolina attempted to nullify the Tariff Act of 1828. Then Jackson took strong ground in his message against the right of a State to contravene national legislation, and promptly applied enough force to hold the dissatisfied State to her place in the Union. Mr. Buchanan’s message took the Jackson view of the situation, but when‘ it came to applying coercive means, he doubted if a State’s obedience could be compelled, for the reason that compulsion meant war, and war on a State Was not author- ized by the constitution. ‘ This message, so disappointing to the Union sentiment of the country and so encouraging to the Secession sentiment, brought a stream of compromising efforts, prominent among which was one introduced by John Crittenden, Ky., re-establishing the old line of 36° 30’ as a permanent constitutional boundary be- tween slave and free States. This did not meet the favor of the Republicans, and without their endorsement the pro-slavery Democrats refused to entertain it. Legislation was virtually suspended for a time to await the action-of the “ Peace Congress,” which assembled in Washing- ton, Feb. 4, 1861. This had been called at the request of the Legislature of Virginia (Jan. 19), and was composed of dele- gates from thirteen Free and seven Border States. It affirmed by a close vote the Crittenden proposition, and made several concessions, chiefly with a view of keeping the Southern border States from falling into the secession whirlpool, and of inducing JOHN J. CRITTENDEN. EDWARD EVERETT. 28 434 POLITICAL HISTORY OF some of the less hasty cotton States to retrace their steps. Con- gress did not accept its measures, but passed what was known as the ‘Douglas amendment to the constitution, which afiirmed the popular sovereignty method of dealing with slavery in the Territories, and raised a guarantee of non-interference with slavery in the States. This amendment was never submitted to the States or people, owing to the rapid secession of the States and the beginning of hostilities. As the Southern States seceded (see below), their members of Congress withdrew. The Republican majority became strong in both Houses. Kansas was admitted as a free State under the Wyandot Constitution, Jan. 29, 1861. Other Territories, as Nevada, Colorado and Dakota, were organized, without mention of slavery, so asto avoid conflict with the Dred Scott decision. The Republican majority took advanced ground relative to the powers vested in the Constitution and Congress. The doctrine that this was a nation and not a league, and that a nation had a right to protect itself from within as well as without, took firm hold. The Tariff Act of March 2, 1861, which increased duties, affirmed the principle of protection. The kindred prin- ciple of Internal Improvement by the National government was so fully established as to be placed beyond future question by any party. Loans were authorized and an issue of Treasury notes ordered, thus carrying the implied powers of the Constitution to the limit which extreme necessity demanded. In February the Electoral count was made, showing 180 votes for Lincoln and Hamlin, 72 for Breckinridge and Lane, 39 for Bell and Everett, and 12 for Douglas and Johnson. Congress adjourned sine dz'e, March 3, 1861. SECESSION MO _VEMENT—Secession from the Union as a remedy for grievances, real or imaginary, had been made familiar by that school of statesmen who regarded the Constitu— tion as in the nature of a compact between the States and Gov— ernment, and who'insisted on a strict interpretation of that in- strument. They would tolerate no stretch of power on the part of the government, not even for the purpose of preservation, but Claimed thatin all matters of doubt the States should have the THE UNITED STATES. 435 benefit of it, and that where a grievance existed tlie State was to be the judge, preferring its own integrity and honor. The griev- ance now was that growth of anti-slavery sentiment in the coun- try made manifest in political form by the election of Lincoln, which would forever crush further hope of slavery extension and prove a standing menace to the institution as it existed in the States. South Carolina's call of a convention was the signal for simi~ lar action throughout the South. The movement was rapid and concerted. It did not even hesitate at the responsibility of armed trial to insure success.* The Southern Congress met at Mont- gomery, Alabama, Feb. 4, 1861, delegates being present from seven seceded States. It formed the Government of the Con— federate States of America. Its Constitution was, in the main, the one it had repudiated, a clause recognizing slavery and one forbidding a protective tariff being the most radical differences. 'Officers were elected, a cabinet chosen, the machinery of inde- pendent government started, an attitude of war assumed. All government property was seized and confiscated, forts were erected, men were enlisted, equipped and drilled, and armies were actually on their feet, while the Congress and the States of the North were listlessly watching the unfolding of the terrible _ situation or wasting precious time in what proved to be idle schemes of compromise. XIX. LINCOLN’S FIRST ADMINISTRATION. March 4, 1861—March 3, 1865. ABRAHAM LINCOLN, ILL., Preszdenz‘; HANNIBAI. HAMLIN, ME., Vice-President. Congresses. Sessions. 1, July 4, 1861—August 6, 1861—Extra Session. HIRTY-SEVENTH CONGRESS. 2’ December 2 1361—Iuly I7, 1362- T L 3, December I: 1862—March 3, 1863. * For going and coming of the seceding States, see page 141. 436 POLITICAL HISTORY. ' Congress. ' ' THIRTY-EIGHTH CONGRESS. Sessions. 1, December 7, 1863—July 4, 1864. 2, December 5, 1864—March 3, 1865. ELECTORAL VOT.E.* Democrat. m‘ S .5. ‘J; a as 8 '8 3” g r--. ml“ <5 >_ L5 05 3'1 '4. .O O. 9 .. . 4 I. O. 3 .. .. 3 O. ‘O O. .O 6 .0 O. 8 .. .. 7 9 9 .. 3 3 .. 00 u 10 O. I. 12 "I; 72 1 Coast. Union orAmer. P-h—q - vi . 28 5 e *9 =" g ,3 m -=. hi .0 0 o O a O 0 O. 0 0 O o O 0 12 12 I. O o 12 12 IS 15 39 39 - ' Arkansas . . . . . . . . Staten. Alabama......... California . . . . . . . . Connecticut . . . . . . Delaware. .. . . . . Florida . . . . . . . . . . \O 00 n .— 4: N N \1 Basis of 93,423. Georgia . . . . . . . . . Illinois . . . . . .. . . . . Indiana . . . . . . . . . .1 1 Iowa...... . . . . ... 2 Kentucky.. . . . . . ..10 Louisiana . . . . . . . . 4 Maine . . . . . . . . . . . 6 Maryland. . . . . . ... 6 Massachusetts, . . . . 1 1 Michigan... . . . . .. 4 4 Minnesota . . . . . . . . 2 Mississippi. . . . . . . 5 Missouri . . . . . . . . . 7 New Hampshire . . 3 New Jersey . . . . . . 5 -New York... . . . ..33 North Carolina.. .. 8 Ohio Oregon......... . 1 Pennsylvania . . . ..25 Rhode Island .. . . . 2 South Carolina .. .. 6 Tennessee . . . . . . . .10 Texas. . . . . . . . . . . . 2 Vermont . . . . . . . . 3 Virginia . . . . . . . . . . I 3 Wisconsin . . . . . . .. 3 Totals. . . . 237 we» 04> 4=~ \0 V0“:- N loo-cw o-o con-No.10.) omwunOQ-b Ow 00006\ 12 4 5 IS __2 303 Republican. PM. _- g- 2‘ .5“ 8 5 m <3 :15 4 4 6 6 ii ii 13 13 4 4 .8 if), i5 6 6 4 4 35 55; 23 3 3 27 27 4 4 5 5 ._5_ __5_ 180 180 w w 1 1 _F ‘O J. Lane, Oregon. * Thepopular vote was, Lincoln, 1,866,352—17 States, N. J. divided; Doug- lax, 1,375,157--1 State, N. J., divided; Breckinridge, 845,763—11 States; Bell, 589,581-3 States. : 2i... . .__.____.__=_.__________=.=____._____=___§.__.___.. ...A, . a a . a:=5..._____._______==_=_._.____w==2....=_____=_._.__=._=______._=._____=_==5: . _____=: .. . ____é;=55______=____====_==_= linnmnnmmuummmnr- llllllllllllllllllllllllllllllllllllllllltlIll llllllllllllllllllllllllllllllIllllllllllll 1|Imumnmmlmmumunnmulmm PRESIDENTS FROM 1853 TO 1869. umummmgm"a; I I I II I I _I II I I I I ' I I l I I I II I I I ' I | I II I I. I I I I I I ' I I I I I I I‘ I l I I I I l | I | I I .I I I I I I I it been rr'r-‘r'rh ' llillllllllllllllllllllllllllllllllllllllllllll ....! =____=___=_=5:_______=___=.________._.__.__._____._.=_=_.__.._=__________Y__=__=_=_=___.___====___=_.= as _._=___._==____._._a..________._______.______=.____=__.____=_====_a__.__==___=______=____=______a:________=_______________._.__________=_______=______ . .__._._____=_____.=____ "lllllllHIlilllllllllllllllllllllllilllllilllliiillllllllllllll 438 POLITICAL HISTORY OF THE CABINET. SeCrelary of State ...... ..w. H. Seward, N. Y. ‘ Secretary of Treasury.. . . .Salmon P. Chase, Ohio. Secretary of War . . . . . . . . .Simon Cameron, Pa. Secretary of Navy.. . . . . ...Gideon Welles, Conn. Secretary of Interior.. . . ...Caleb P. Smith.‘ Attorney-General . . . . . . . . .Edward Bates, Mo. Postmaster-General . . . . . ..Montgomery Blair, Md. POLITICAL SI T UA T ION—When Lincoln came to Wash- ' ington to be inaugurated the Southern Confederacy was formed. Of it Alexander H. Stephens, its Vice-President, said, March 21, 1861 : “ The new Constitution (Confederate) has put at rest for- ever all the agitating questions relating to our peculiar institu- tions—African slavery as it exists among us—the proper status of the negro in our form of civilization. This was the imme-v diate cause of the late rupture and present revolution. Jeffer- son, in his forecast, had anticipated this as the ‘ rock upon which the old Union would split.’ . . . The prevailing ideas enter- tained by him (Jefferson) and most of the leading statesmen of the time were that slavery was a violation of the laws of nature, that it was wrong in principle, socially, morally and politically, and that somehow or other itwould prove evanescent and pass away. . . . Those ideas were fundamentally wrong. They rested on the assumption of the equality of the races. This was an error. It was a sandy foundation, and the idea of a govern- ment built on it ‘ when the storm came and the wind blew it fell.’ Our new government rests on exactly the opposite idea. Its foundations are laid, its corner-stone rests upon the great truth that the negro is not the equal of the white man; that slavery -—subordination to the superior race—is his natural and normal condition. This, our new government, is the first in the history of the world based on this great physical and moral truth.” To convert this Confederacy of form into one of fact was the Southern _cause. The condition was one of war already, so far as the South was concerned. There had been for some time a systematic 'transfer of government arms and munitions ‘of war I from Northern to Southern arsenals, and these had speedily sur- rendered to insurgent demands. The naval vessels had been scattered in remote foreign parts, and were not immediately THE UNITED STATES. 439 available for either defensive or offensive purposes. The Federal soldiery within the Southern States had given up their forts and stations or were besieged therein. National finance was con- fused, the Treasury empty, the credit worthless. Seceded States were being reinforced by the secession of others. Officers in the army, navy and in places of trust and power were resigning every day to join their fortunes with those of their States, to the consternation of the loyal members of the government and to the utter demoralization of all machinery and system. No of- ficial knew whom to confide in, how to organize, what to do. It seemed as if secession had tainted everything and undermined everything. Let Union effort take what shape it would, it was confused by the uncertainty vof its surroundings, or balked by in- genious constructions of laws and Constitution. The logic of Attorney-General Black, which led to the conclusion that “ the Union must totally perish at the moment when Congress shall arm one part of the people against another for any purpose be- yond that of merely protecting the general government in the exercise of its proper Constitutional functions,” had resulted in fatal hesitation on the part of the government and was to par- alyze it still worse. Add to all the real danger to life from deeply laid and widely ramified plots, and some faint idea of the situation may dawn, as President Lincoln was forced to see it on. March 4, 1861. His inaugural was conservative, assuring to the Southern States that slavery would not be disturbed in the Statesv if they would seek a peaceful remedy for their grievances, invited Con- stitutional amendments for the troubles, and closed: “In your hands, my dissatisfied fellow-countrymen, and not in mine, is the momentous issue of civil war. The government will not assail you. You can'have no conflict without being yourselves the aggressors. You have no oath registered in heaven to ‘destroy the government, while I shall have the most solemn one to preserve, protect and defend it.” The President proceeded to supply the Union garrison in Fort Sumter. This was what President Buchanan had hesitated to do, the Confederates having said they would regard‘ iti‘as la coei‘é' 440 POLITICAL HISTORY. cive act. They began a bombardment of the fort, April 13, 1861, and on April 14, after a fire of thirty hours, the flag was lowered in surrender. This first overt act of rebellion, and this first triumph of civil war, disillusioned the country, and resent- ment took the place of conciliation. For a time Democrats and Republicans united in demanding sturdy measures, not only to wipe out insult to the flag, but to force the erring States into the restraints imposed by the Constitution and laws. Armed attack must be repelled, the majesty of law vindicated, the dignity of order conserved, the unity of the nation restored, the supreme strength of the government asserted throughout its jurisdiction, and all in the now necessarily armed and forceful way invited by the magnitude, vigor and determination of the attack. The issue thus joined was the Great American Rebellion of 1861; or, The Civil War in the United States of America. I THZRT Y-SE VEN TH CONGRESS—Extra Session—Called for July.4, I861. The. President had promptly recognized the condition of civil war and called for 75,000 volunteers. These were plainly inadequate, for the Confederacy of seven seceded States had grown to eleven. The doubtful border States had become a raiding ground for Confederate forces. Armies, fully equipped, strong in numbers, ably officered, fierce in determina- tion, were swarming into strategical places and centering on the Capital of the nation. Men must be had for defensive-as well as offensive measures. Materials of war must also be provided-— money, guns, ammunition, equipments. Hence this extra ses- sion, in which only the Northern and border States were repre- sented. Both branches were Republican. The Senate stood 31 Republicans, 11 Democrats, and 5 War Democrats; the House 106 Republicans, 42 Democrats and 28 War Democrats. The House organized by electing Galusha A. Grow, Pa., Republican, Speaker. Happily for the country, there was a strong prepon- derance of the Union element, and such prevalence of the liberal construction doctrines, in the presence of dire necessity, as freed energetic war measures from the tedious debates which they had hitherto provoked. The disastrous affair of Bull Run (July 21, 1861) proved an additional ‘incentive to speedy and vigorous HAMLIN. HANNIBAI. 1/ SIMON CAMERON. 442 POLITICAL HISTORY OF legislation, for it further disclosed the determination of the Con- federates, helped the Unionists to understand the magnitude of the force they had to meet, and proved the imminency of the danger which hung over the capital. The President was therefore empowered to call out 500,000 volunteers, a national loan was authorized, appropriations were made for the army and navy, an act was passed for the punish- ment of conspiracy and for the confiscation of all property used against the government, and as a means for additional revenue an amended Tariff act was passed, Aug. 5, 1861, which con- siderably increased the duties and contained distinctive protec- tive features. The anti-war or peace Democrats interjected measures of negotiation and compromise into all the delibera— tions on war measures, but the hour for procrastination had passed, and it was not deemed expedient nor proper to further parley with armed, and thus far triumphant, rebellion. After resolutions pledging further men and money to the administra- tion, should they become necessary to aid in the suppression of the rebellion and the execution of the laws, the Congress ad- journed, August 6, 1861. T HIRT Y-SE VEN T H C ONGRESS—First Regular Session. . ——-Met December 2, 1861. Like the preceding, this was a War Session. The Democrats had’ somewhat recovered from the shock occasioned by the firing on Sumter, and had drawn their lines sufficiently close to make a party issue of many of the most vigorous war measures. Over the question of“ what to do with captured slaves?” they took positive ground against the bills which were passed, forbidding the return of fugitives and declaring those free who were employed against the government and for insurrectionary purposes,* and so of the bill prescribing * This is not said of the pronounced War Democrats, who were in concert with the Republicans on active war measures, nor even of those who, in official position, used the privilege of a minority to freely and intelligently criticise the acts of a ma-, jority. It is said of those who sought to hold the organizationv and to commit it to a decided anti-war policy; who even went sofar as to encourage opposition to the war among their constituents, and keep up the spirit of the Confederates by aiding associations likei-giqthe “ Knights of the Golden Circle,” “ Sons of Liberty,” etc., whose objects were to release prisoners of war, invite raids, engage in conspiracies THE UNITED STATES. 443 the “ Iron-Clad Oath,” whose design was to exclude from gov- ernment service all who were engaged in rebellion or who sym- pathized with it. The session witnessed the passage of a bill giving public lands to the States for the endowment of Agricul- tural Colleges; also the passage of the Homestead Bill, which had been so frequently before Congress since the formation of the Republican party. An increase in Tariff rates was made by the act of Dec. 24, 1861. Congress adjourned, July 17, 1862. T HTR T Y-SE VEN T H C ON GRESS—Second Session.--Met Dec. 1, 1862. A War Session, in the midst of national neces- sity more imperative than ever. Large appropriations were made for army and navy purposes. The Treasury was authorized to negotiate further loans. But ready money was scarce. There was no currency adequate to the huge transactions of the war, and none uniform. In this strait the Congress sanctioned a National (Greenback) Currency, after long and able discussion involving its constitutionality, the meaning of the power “to coin money and issue bills of credit,” the inherent right of the - government to protect itself, the analogy furnished by the old National Bank, the respective attitude of parties on the question from the beginning. Nor was the situation simplified when the question of more men came up. This involved the draft as a means of procuring soldiers, with all the technical objections which a strict construc-‘ tion of the constitution gave rise to. The act which passed pro- voked the hostility of anti-war Democrats throughout the entire North, and in several States the Courts held it unconstitutional.‘ Its enforcement in New York gave rise to the riots of July, 1863, which were only suppressed by armed interference of the Federal authorities. ' Another measure, made necessary by the exigency of the hour, was the act to suspend the writ of Halzeas Corpus. This also excited the opposition and enmity of all who wished to be free‘ to vindicate the Confederate cause, either by writing or speaking in its favor, or by any other act short of actual enlistment under to resist drafts—as in New York—enlist men for the Southern army, and give aid _ and comfort to the enemy in various ways. 444 POLITICAL HISTORY. its banners. The peace Democrats vehemently opposed its pas- sage, and it was perhaps the most unpopular of the stringent war measures, saving always the draft act. Dec. 31, 1862, ‘the act to admit West Virginia passed, which took effect June 19, 1863. Congress adjourned sine die, March 3, 1863. ABOLZTZON 0F SLA VER Y.-—All the pledges of the free > States were of an intent not to interfere with Slavery in the States where it existed. All the negotiations and compromises of 1861 embraced the same idea. M r. Lincoln, in his inaugural, gave it out that Slavery in the States had nothing to fear from his administration, if the issue of disunion were not further, or violently, pushed. The anti-slavery sentiment was not essentially an abolition sentiment. Even the revulsion of feeling occasioned by the firing on Sumter had not served to lift it to the point of interference with the institution of Slavery within State limits. But the question of Slavery, ever complex, was, after the be- ginning of the war, more complicated than ever. It was forcing itself on the officers of the army at every step. In the field slavery was a part of the Confederate service, contributing to the strength of its armies, helping it to resist the Union troops, aiding it to win victories. It therefore was hostile, as much so as the. armies themselves, or as cannon, muskets, ammunition, tents, stores, whose destruction war justified. This the Administration saw. But it saw other things too: (I) A probability of holding the doubtful Border States and making their allegiance firmer by compensating them for their slaves in case they abolished slavery. This the President recom- mended to Congress, March 2, 1862. It was approved, but not accepted by the Border States as being impracticable. In fact it met the opposition of the entire Democratic party. (2) He saw that to take any more decided step at that time would be to alienate the conservative anti-slavery sentiment of the Free States. That is, he did not yet regard the country as _ educated to the point of necessary or compulsory abolition. (3) He saw that if the rebellion were allowed to drag because of a want of energy on the part of the administration, or fear to cripple’ any and all the resources which helped to sustain it, A . ,/ // / JEFFERSON DAVIS / , {Vi/l i ./ l | I \\\ . \ .\ ...Rst... ALEXANDER H. STEPHENS 445 446 POLITICAL HISTORY or the more determined anti-slavery sentiment of the Free States would rise against him and demand abolition as necessary to the suppression of civil war. , Congress had moved very cautiously, being content with a measure forbidding the return of fugitives,-and one declaring free those slaves who were captured while aiding rebellion. General Fremont, in the Department of 'Missouri, had, Aug. 31, 1861, declared the slaves of rebels free, but the President overruled his order. General B. F. Butler, in Virginia, had declared slaves “ contraband of war,” and liable to confiscation- Most of the field officers were either returning them to their masters, or hesitating about what to do with them. Rebellion was increasing in vigor, and slaves were part of that energy. By the laws of war the contraband property of the enemy is confiscate. By act of Congress “ the property of persons engaged in treason or rebellion against the United States” was liable to seizure and confiscation. The time had come when the weapons of the enemy of whatever kind must be wrenched from his grasp, when the “ Union must be saved with slavery,” or, that failing, “ without it.” 7 _ On Sept. 22, 1862, the President issued his proclamation to the effect that he would emancipate “ all slaves within any State or designated parts of a State, the people whereof shall be in rebellion against the United States on the 1st day of January, 1863.” “If such sections are in good faith represented in Con- gress on that day, it shall be deemed conclusive evidence that such State and the people thereof are not in rebellion against the United States.” » No attention was paid to this. It was followed, Jan. I, 1863, by the celebrated Emancipation Proclamation, for which the country now seemed ready, “ as a fit and necessary war measure for suppressing rebellion.” It applied only to the States and portions of States actually in rebellion, and which were unrepre- sented in Congress, or were not in the possession of the Union armies. Two years afterwards (February 1, 1865) the Thirteenth Amendment to the Constitution passed the Congress, and was ratified by three-fourths of the States, so as to become effective THE UNITED STATES. 447 by‘ Dec. 18, 1865. It is in almost the'precise words of the his- toric ordinance of 1787 relative to the territory riorthwest of the Ohio. This amendment ended African slavery in the United States of America. . T HIR T Y-EI GH T H C ON GRESS—First Session—Met Dec. 7, 1863. The House organized by electing Schuyler Colfax, Republican, Indiana, Speaker. The Senate contained 36 Re- publicans and 14 Democrats; the House 102 Republicans and 83 Democrats. Nine of the latter were from the Border States. The Union Democrats had mostly gone entirely over to the Republicans. Some, however, had gone back into the regular Democratic organization, which was now pretty squarely on an anti-war basis. The session was prolific of war measures, on most of which party lines were strictly drawn. That which excited most bitter debate was the repeal of the Fugitive Slave Law of 1850 by a vote of 27 to 12 in the Senate, and 86 to 60 in the House. The Thirteenth Amendment to the Constitution passed the Senate, but did not pass the House by the requisite two-thirds till the next session. Among the revenue bills were those creating a system of Internal Revenue by a tax on domestic manufactures, one imposing a tax on incomes over $600 which was very unpopular and short-lived, and one creat- ing the system of National Banks. All these were compara- tively new measures, justified by the condition of the country and a state of war, yet at variance with the strict construction notions on which the Democrats based a determined opposition. On June 30, the Tariff Act of 1864 was passed, which increased the rate of duties, and' made them still more protective. Con- gress adjourned, 'July 4, 1864. ELECTION OF 1864.—-The Republican National Conven- tion met at Baltimore, June 7, 1864, and renominated for Presi- dent, Abraham Lincoln,* Ill., and for Vice-President, Andrew Johnson, Tenn. The nomination of the latter was a recognition of the Union men of the South. The platform: (1) Pledged * Mr. Lincoln had inclined to the one term idea, but by advanced endorsement for a second term among the Legislatures of the Northern ‘States, as in the case of Jackson for his second term, he concluded to stand. ~ 448 POLITICAL HISTORY. the party to aid the government in the suppression of rebellion. (2) N 0 peace except one based on unconditional surrender of all armed rebels. (3) An amendment to the Constitution pro- hibiting slavery. (4) Thanks to soldiers for maintaining the flag. (5) Approval of the course of administration. (6) No vio- lation of the laws of war. Favored foreign immigration and a Pacific Railroad. (8) The national faith pledged to the redemption of the public debt must be kept inviolate. (9) Ap- proval of the “ Monroe doctrine.” The Democratic National Convention met at Chicago, Aug. 29, 1864, and nominated for President, George B. McClellan, N. J., and for Vice-President, George H. Pendleton, Ohio. The convention was dominated by the reac'tionary or peace wing of the party, called by their opponents “ Copperheads.” The platform announced: (1) Adhesion to the Union under the Constitution. (2) Demanded, “ after four years of failure to restore the Union by war,” a cessation of hostilities and a peace convention. (3) Denounced military interference with elections as revolutionary. (4) Objects of the party are to preserve the Union and the rights of the States unimpaired. (5) Denunciation of the war measures in general. (6) Administration denounced for disre- gard of duty to prisoners of war. (7) Sympathy of the party for soldiers and sailors. A Convention of Radical Men met at Cleveland, Ohio, May 31, 1864, and nominated John C. Fremont, Cal.,-for President, and'John C. Cochrane, N. Y., for Vice-President. They adopted a platform nearly like that of the Republicans, but with a clause endorsing the one term principle. This was designed to head off the renomination of Lincoln, who had given offense to them by his tardy action respecting slavery. The candidates with- drew in favor of the Baltimore nominees. The position taken by the Democrats in their platform to the effect that the war was a failure, and that‘ its cessation was demanded by the country, presented an issue which the Repub- licans met squarely, and with confidence. The result was a popular verdict in their favor, not only in the Presidential but in the Congressional contests. \ \ \ %\ _\ \ A. . \ c... ..a 5 \ \_\ \_._\..\.._... _...\\\\.\.\\.‘ ROBERT E.LEE. . \\\\ .. . .. . \... .. \ is? Q \ _ \ \ 1s... ._\ ...~ \ a A... .4 _ .. x x \. u. \ R. e i \ . ‘ \“ .@. \\ s \w. \ s \ in \ .. s _. .e sT-oNEwALL JACKSON. 29 450 POLITICAL HISTORY. T HIRT Y-EIGH T H C ONGRESS—Second Session.—Met Dec. 5, 1864. Necessary war measures were passed, the Thir- teenth Amendment to the Constitution by the House, and the bill creating the Freedmenls Bureau. The status of the rebellious States came up in the proceedings attending the electoral count in February. Both Houses regarded them in such a condition as to make a valid election for President within their borders and under our laws impossible. Their vote was, therefore, not considered. The count showed 212 votes for Lincoln and John- son, and 21 for McClellan and Pendleton. Congress adjourned sine die, March 3, 1865. On March 4, Lincoln and Johnson were sworn into office. XX. LINCOLN’S SECOND ADMINISTRATION, AND JOHNSON’S. March 4, 1865——March 3, 1869. ABRAHAM LINCOLN, ILL., President. ANDREW JOHNSON, TENN., Vz'ce-H'eszdem‘. Congresses. Sessions. 1, December 4, 1865-July 28, 1866. THIRTY-NINTH CONGRESS‘ {2, December 3, 1866—March 3, 1867. 1, March 4, 1867-March 30, 1867. Extra ses- 2, July 3, 1867—July 20, 1867. } sion with FORTIETH CoNcREss. 3, November 21, 1867—Dec. 2, 1867. recesses. 4, December 2, 1867-July 27, 1868. 5, December 7, 1868—March 3, I869. ELECTORAL VO T E.* Republican. Democrat. Abraham Andrew‘ (Geo. B. Geo. H.T Basis of Lincoln, Johnson, McClellan, Pendleton, States. 127,381. Vote. Ill. Tenn. N. J. Ohio. 1-Alabama......... 6 8 .. 1-Arkansas . . . . . . . . 3 5 . . California . . . . . . . .. 3 5 5 5 . . Connecticut . . . . . . . 4 6 6 6 . . . . Delaware......... 1 3 .. 3 3 TFlorida . . . . . . . . . . 1 3 . . . . . . * The popular vote was: Lincoln, 2,216,067—22 States; McClellan, 1,808,725 -3 States; not voting, 11 States. 1' In a state of rebellion’. Not voting. 81 votes lost. '.\IrIOI)NIrI WVI—IVHEIV '(IHVMEIS 'H WVI'ICIIAA / / ‘ / I .l: Ii / I K)‘ l , / j/i' 451 452 POLITICAL HISTORY OF Electoral Vote—Continued. Republican. Democrat. rAbraham Andrew‘ (Geo. B. Geo. H. ‘ Basis of - Lincoln, Johnson, McClellan, Pendleton, States. 127,381. Vote. Ill. Tenn. N. J. Ohio. *Georgia . . . . . . . . . 7 9 . . . . Illinois............ 14 16 16 16 Indiana . . . . . . . . . . 11 13 13 13 Iowa . . . . . . . . . . . .. 6 8 8 8 Kansas........... I 3 ‘ 3 3 .. .. Kentucky......... 9 11. .. II 11 *Louisiana . . . . . . . . 5 7 . . . . . . . . 5 7 7 7 " " Maryland . . . . . . . . . 5 7 7 7 - ' ' '- Massachusetts.. . . .. IO 12 12 12 . Michigan.......... 6 8 8 8 . . Minnesota . . . . . . . . 2 4 4 4 . . *Mississippi . . . . . . . 5 7 . . . . . Missouri....- . . . . .. 9 11 11 11 . .. Nevada . . . . . . . . . . 1 3 2 2 . . . . 1 vacancy. New Hampshire. . . . 3 5 5 5 . . . NewJersey........ 5 7 .. 7 7 New York . . . . . . . . 31 33 33 33 . . . *North Carolina. . . 7 9 . . . . . . . Ohio . . . . . . . . . . . . . 19 21 21 21 . . . Oregon . . . . . . . . . . . I 3 3 3 . . . Pennsylvania . . .. 24 26 26 26 . . . Rhode Island. . . . .. 2 4 4 4 . . . *South Carolina. . . 4 6 . . . . . . . *Tennessee . . . . . . . 8 10 . . . . . . . . *Texas............ 4 6 .. .. . .. Vermont........... 3 5 5 5 . .. *Virginia . . . . . . . . . 8 10 . . . . . . . West Virginia.. . . .. 3 5 5 5 . . . Wisconsin . . . . . . . . 6 8 8 8 . . Totals.... . . . . .242 314 212 212 21 21 THE CABINET. Secretary of State . . . . . . .W. H. Seward, N. Y . . . . .Continued. Secretary of Treasury. . . . Hugh McCullough, Ind. - Secretary of War. . . . . . . .Edwin M. Stanton, Pa. . . . .Continued. Secretary of Navy . . . . . . .Gideon Welles, Conn. . . . .. “ Secretary of Interior. . . ..James Harlan, Iowa. Attorney-General .. . . . . ..James Speed, Ky . . . . . . . . . .Continued. Postmaster-General . . . . . ..William Dennison, Ohio. . . “ THE [NA UGURAL—Gettysburg, July 2, 3, 4, 1863, turned the tide of rebellion; It had fallen backwards, and was, March 4, 1865, hemmed in and‘ under control. The President’s in- augural was full of gratitude for past success, of hope for final success, and of that kindliness of spirit and gentleness of disposi- * In a state of rebellion. Not voting. 81 votes lost. THE UNITED STATES. 453 tion which had gotten to be accepted as characteristic of the man and official. In it he said, “With malice toward none, with charity for all, with firmness in'right, as God has given us to see the right, let us strive on to finish the work we are in, to bind up the nation’s wounds, to care for him who shall have borne the battle, and for his widow and orphans—to do all which may achieve a just and lasting peace among ourselves and with all nations.” On the 9th of April, 1865, General Lee surrendered to General Grant, at Appomattox Court-House, the remnant of the Con- federate army, 26,000 men, and the great rebellion was practically ended. On the night of April 14 (Good Friday), 1865, President Lincoln was shot by J. Wilkes Booth, and died on the ‘morning of the 15th. On the same day Andrew Johnson was sworn in as his successor. RECONSTRUCTION—It was hoped by North as well as South that President Lincoln had mapped in his mind a policy of reconstruction. But such did not appear. The exact rela- tion a seceded State, which had failed to establish its secession by force, occupied toward the other States, and how it could be reinstated, were new and delicate points, requiring the skill of a master to handle. Much more was involved. The place of the negroes, now free and citizens, had to be considered. The North- ern mind inclined to a probationary period for the rebellious States, during which time they could adjust themselves to a new situation, give guarantees, through provisional governments that they would assure freedom to the negroes, wipe out their obnox- ious codes, repeal their secession laws, rescind their adhesion to the Confederacy, and, repledged and prepared anew, re-enter the Union, on the condition of any fully equipped State, with the consent of Congress. President Johnson signalized his administration by adopting a hastier policy of reconstruction, one which imposed no probation on the States, but invited them to reform State governments and apply for admission at once. He belonged to the old South- ern school of strict interpreters or State Rights, and his policy ‘ invited the supremacy in the new States of the most active sup- 45.4 POLITICAL HISTORY. porters of rebellion. This policy did not receive the support of the Republican party. An antagonism therefore sprang up be- tween the administration and the majority party, which‘ was fiercer even than that between Tyler and the Whigs. The Presi- dent however forced his measures as best he could, and carried with him what was known at the time as the “Amnesty senti- ment ” of the country and also the Democratic sentiment. He was squarely outside of the party which had elected him Vice- President, from the very beginning of his term as President. T HIRT Y-NINTH C ONGRESS—First Session—Met Dec. 14, 1865. The favorable turn of the rebellion, and the emphatic endorsement of Lincoln’s administration by the country, had greatly increased the Republican majority in both Houses of Con- gress. The Senate stood 40 Republicans and 1 1 Democrats; the House 145 Republicans and 40 Democrats. The House organ- ized by re-electing Schuyler Colfax, Republican, Ind., Speaker. The passage of an amended F reedmen’s Bureau bill drew from the President a veto, in which he foreshadowed his intention of opposing reconstruction legislation where it involved favors to the negroes, and, in general, until the whites, who were most concerned, were again represented in Congress. Another bill, similar in terms, providing for the education and military pro- tection of the negro race, was passed in July. This was also vetoed, on the ground that the civil courts were Open for their protection, and that the matter was one entirely within the con- trol of the States. It became a law over the veto. The passage of the Civil Rights bill, in March, which was de- signed to secure to the negroes some of the rights of citizenship by enabling them to enforce their Contracts in the United States Courts, was vetoed, On the ground that it was an attempt to'con-- fer Citizenship on men just released from bondage and overrode the State laws and State tribunals. Though the bill was passed over the President’s veto, the Congress proceeded to clarify the question of citizenship by passing the Fourteenth Amendment to the Constitution, June 16, 1866, which became operative, July 28, 1868. This measure the President also opposed, as did the Democrats. The Homestead laws were extended to public .el. n.1,. .. .1. / a,» ‘a a“. .k.. 5%,. 02 3w '4 ECGmm HZ 232mm Omzmwawfi Hmm mGWWmZUmWmU. 455 456 * POLITICAL HISTORY OF lands in the South, the army was reduced, some internal taxes were abolished. Congress adjourned, July 28, 1866. T HIR T Y-NfNT H CONGRESS ——Second Session.—-Met Dec. 3, 1866. The President’s attitude to the majority in Con- gress had become hostile and defiant. By his vetoes of Con- gressional enactments he had given proof of his intention to re- duce the power of Congress over the work of Reconstruction to a minimum. By his repeated proclamations to the Southern States he had as fully shown that he intended to make the work of Reconstruction as purely an executive one as he could, and this though his attention and that of the country had been called, by an address of the Republican National Committee, to the fact that no provisions existed in the Constitution or outside of Congress for the re-establishment of States which had broken their allegianceby secession and failed to establish secession by force. The situation was not conducive to deliberate legislation. If the President was vindictive, the majority was retaliatory. More- over, fear began to dawn that if he carried his defiance much further it might end in an executive coup de main on the very existence of the legislative branch of the government. Retalia- tive thus assumed the virtue of protective steps. A threat of impeachment was made by the appointment of a House com~ mittee to take testimony. The time had not yet come for decisive action. _ By act of July, 1862, the President had been empowered to extend amnesty to those who ceased to be rebellious. The President had used his power under this act to what was con- sidered an inordinate extent. In January, 1867, the act was re- pealed. He still continued his amnesty proclamations, claiming a right to do so under the Constitution. To prevent the possi~ bility of his taking the advantage of Congress during a recess’, the meetings of the next Congress were fixed so as to succeed each other immediately. This lasted only duringhis term of office. His claim to issue orders directly to the army was met by an‘act compelling him to issue them through the general in command. This was squeezed in with the Appropriation bill, THE UNITED STATES. 457 so that he could not veto it without defeating the whole measure. He vetoed the Nebraska act, which provided for the admission of that State on the condition that suffrage should exist without reference to race or color. This was passed over his veto, and Nebraska was admitted, March 1, 1867. Hitherto the President had possessed one advantage. His in- clination was his policy of Reconstruction; or, if policy he had, it was not so systematic as to prevent his forging ahead without much regard to legal forms and technical obstructions. The Republican majority had all along been hampered by Constitu- tional difficulties and baffled by their party opponents and the Executive. But they had at last formulated a policy. It divided the States which had seceded into military districts, and placed each under an officer of the army, who was empowered to keep the peace and protect person and property until a State conven- tion could be chosen and a State government formed which re- cognized citizenship without regard to race, color or previous condition, and contained a ratification of the Thirteenth and Fourteenth Amendments to the Constitution. Then only would Congress agree to readmit the State. This was the bill “ To Provide Efficient Governments for the Insurrectionary States,” and designed to secure to the country some of the fruits of the war, which, it was thought, the President was fast frittering away. It was passed, vetoed, and passed over the veto, March 2,1867. Here was a carefully outlined Congressional policy against a loose unsystematic Executive policy. To make the conflict sharper, the same day witnessed the passage of the Tenure of Office bill, also over the veto, by a strictly party vote in the Senate of 35 to 11, and in the House of 138 to 40. It made the Senate, which was a recognized part of the appointing power, a party also to removal from ofl‘ice by providing that the Presi- dent’s removals during recess should not be final unless approved by the Senate, and that if appointees during recess were not ap— proved by the Senate, the old incumbent held his place. The design was to prevent wholesale removals during recess and the setting up of a Cabinet and Department officers who might fur‘ 4 5 8 POLITICAL HISTORY. ther frustrate the will of Congress. Violation of its provisions was declared a high misdemeanor. This somewhat original and summary work of Congress now went before the country for ap- proval or rejection, as did the conduct of the President. A Tariff act was passed March 2, 1867, which made the duties on wool and woollen goods highly protective. Congress adjourned sine die, March 3, I867. FORTIET H CONGRESS—Extra Session—Met March 4, 1867, according to act passed at second session of Thirty-ninth Congress. The issue between the Congress and President had been carried into the Congressional campaign, and the result was a return of a Republican majority. The Senate stood 40 Republicans to 14 Democrats, the House I 38 Republicans to 47 Democrats. House organized by re-electing Schuyler Col- fax, Republican, Indiana, Speaker. Positive legislation was not the design of the meeting. It was a session for the emergency, a policing of a critical situation, an overseeing of previous legis- lation, that it might be executed, at least not frustrated. The continuity of the session was secured by an adjournment on March 30, 1867, to meetJuly 3, 1867. A second adjournment was had July 20, to meet Nov. 21. A third adjournment was had Dec. 2,1867. FOR T IET H C ONGRESS—First Regular Session—Met Dec. 2, 1867. Before legitimate work could begin, the President renewed his contest by removing Edwin M. Stanton, Secretary of War, Feb. 21, 1868, and appointing Lorenzo Thomas in his place, contrary to the provisions of the Tenure of Office Act. The Senate resolved that “the President had no power to re- move the Secretary of War and designate any other officer to perform the duties of the office.” On the 24th the President sent a message to the Senate claiming the right of removal on the ground that Stanton was an appointee of his predecessor, and was now holding only by sufferance, and that therefore he was not removing an appointee under the Tenure of Office Act. A resolution to impeach the President passed the House on the 24th, by a vote of 126 to 47. Articles were drawn bearing on his violation of the act in question, which passed the House . STANTON. EDWIN M SCHUY LER COLFAX. 459 460 POLITICAL HISTORY OF on March 2. On the 5th, the trial began, and lasted till May 16, when a test vote was taken on the Eleventh Article, a leading one. The result was, for conviction, 35 Senators; for acquittal, 19 Senators, 14 of the latter being Democrats and 5 Republicans. The Constitution requiring a two-thirds vote to convict, the verdict was acquittal on this article. On May 26, a vote was had on the first and second articles, with the same result. It being evident that conviction could not be had, no other votes were taken and the Court of Impeachment adjourned sine die. _ The political differences between the President and the Repube lican party were not softened by the impeachment trial, yet sin- gularly enough the party did not suffer by its failure to convict, nor did the President cease to pursue his policy of Reconstruc- tion, save where he was hedged by Congress, till the end of his term, when he retired to his native State, quite restored to the favor of his old political associates, with whom he had broken on the questions which gave rise to the rebellion. - Congress adjourned, July 27, 1868.. ELECTION OF 1868.—-The Republican National Conven- ‘ tion met at Chicago, May 20, 1868, and nominated Ulysses S. Grant, Ill., for President, and Schuyler Colfax, Ind., for Vice- President. The platform (I) congratulated the country on the success of the reconstruction policy of Congress. (2) Approved of equal suffrage to all loyal men in the South, and of the doc- trine that it was a question properly belonging to the loyal States. (3) No repudiation of the National promises to pay. (4) Equal- ization and reduction of taxation. (5) Reduction of interest on National debt, and gradual payment of same. (6) Improvement of our credit. (7) Denounced the corruptions of the Johnson administration, and urged economy. (8) Lincoln’s death re— gretted ;' Johnson’s treachery denounced. (9) Protection of the rights of naturalized citizens. (10) Honor to the soldiers. (11) Encouragement of foreign immigration. (12) Sympathy for all oppressed people struggling for their rights; commendation of those who served in the Rebellion, for 'their co-operation in securing good government in the South. THE UNITED STATES. 461 The Democratic National Convention met at New York, July 14, 1868, and nominated for President, Horatio Seymour, N. Y., and for Vice-President, Francis P. Blair, M0. The platform (I) recognized the question ‘of secession and slavery as settled by the war. (2) Demanded immediate restoration of the Southern States, and the settlement of the question of suffrage by the States themselves. ( 3) Amnesty for all past offences. (4) Pay- ment of the public debt in lawful money, where coin is not called for. (4) Equal taxation; one currency. (5) Economy; abolition of the Freedmen’s Bureau; a Tariff for revenue, with incidental Protection. (6) Reform of abuses in administration; independ- ence of Executive and Judicial branches ; subordination of mil- itary to civil power. (7) Maintenance of the rights of naturalized citizens. (8) General arraignment of the Republican party, and gratitude to Johnson for “ resisting the aggressions of Congress.” The campaign was an active one. The leading topics were the Reconstruction measures of the Republican party, and equal suffrage. The latter was a new question, given prominence by the condition of the freedmen, and by the probability that they - would not be able to maintain their rights as citizens without the ballot. It may be said that the verdict of the campaign led to the proposal and adoption of the Fifteenth Amendment. Grant’s apothegm, “Let us have Peace,” did much to tone the severities of a campaign which would else have been very bitter, owing to the hostility of the Republicans toward the Adminis- tration. And as to the merits of the ‘issue between the Congress and President—that is, as to whether the Congress or President had a right to fix the terms on which a revolting State could be readmitted—the verdict was in favor of Congress and its plan of approving of the Constitution of the applicant States, just as in case of Territories when they first applied for admission. The November result was a decided Republican victory. _ FORT IET H C ONGRESS—Second Session—Met Dec. 7, 1868. The leading political measure was the Fifteenth Amend- ment to the Constitution, which conferred the right of suffrage on all citizens, without distinction of “race, color, or previous condition of servitude.” It passed Feb. 2 5, 1869, and by March 462 . POLITICAL HISTORY OF 30, 1870, was ratified by three-fourths of all the States. In Con~ gress it was a distinctive party measure, drawing full Democratic opposition. Before the country, it met with a conservative Re- publican opposition, partly because it was regarded as too radical an advance, and partly because it got complicated with the ques- tion of amnesty, as advocated by Mr. Greeley and a school of statesmen who thought that “ universal amnesty” ought to pre- cede, and be a consideration for, “ universal suffrage.” The Electoral count showed 214 votes for Grant and Colfax, and 80 for Seymour and Blair. A question was raised over the 9 votes of Georgia, but as they did not affect the result, it was not urged. Congress adjourned sine dz'e, March 3, 1869. Grant and Colfax were sworn into office on March 4. XXI. GRANT’S FIRST ADMINISTRATION. March 4, 1869—March 3, 1873. ULYssEs S. GRANT, ILL., President. SCHUYLER COLFAX, IND., Vice-President. Congresses. Sessions. 1, March 4, 1869—April IO, 1869, extra session. FORTY-FIRST CONGRESS. 2, December 6, 1869—July I 5, 1870. 3, December 5, 187o—March 3, 1871. , 1, March 4, 1871-April 20, 1871, extra session. FORTY-SECOND CONGRESS. { 2, December 4, 1871-June 10, 1872. 3, December 2, 1872—March 3, 1873. ELECTORAL VOTE. * Republican. Democrat. _ Basis of rIJlysses S. Schuyler‘ Horatio Soy- Francis P. States. 127,381. Vote. Grant, Ill. Colfax Ind. mour, N. Y. Blair, Mo. Alabama . . . . . . . . . . . 6 8 8 8 . . . . Arkansas . . . . . . . . . . 3 5 5 5 . . . . California........... 3 ' 5 5 5 .. .. Connecticut . . . . . . . . 4 6 6 6 . . . . Delaware . . '. . . . . . . . I 3 . . . . 3 3 Florida . . . . . . . . . . . . I 3 3 3 . . . . Georg1a............. 7 9 .. 9 9 Illinois . . . . . . . . . . . . 14 16 16 16 . . . . * Popular vote—Grant, 3,015,071—26 States; Seymour, 2,709,613—8 States 3 not voting, 3 States. THE UNITED STATES. 463 Republican. Democrat. Basis ot ' r—Ulysses S. Schuyler‘ E1360 Se - Francis P?‘ States. 127,381. Vote. Grant, Ill. Colfax, Ind. mour, N. . Blair, Mo. Indiana............ 11 I3 13 13 .. .. IOwa...-.-......-- 6 8 8 8 0- Kansas.‘........... 1 3 3 3 H ~- Kentucky . . . . . . . . . . 9 I I - - - - I! 1 1 Louisiana . . . . . . . . . . 5 7 - - - o 7 7 Maine............. 5 7 7 7 .. .. Maryland . . . . . . . . . . 5 7 . . - - 7 7 Massachusetts . . . . . . . 10 12 2 2 . . . . Michigan - . - . . . . - Q 0 6 8 8 8 o e 0 0 Minnesota . . . . . . . . .. 2 4 4 4 . . . . *Mississippi......... .5 7 .. .. .. .- Missouri............ 9 II 11 11 .. .. Nebraska............ 1 3 3 3 .. .. Nevada.............. 1 3 3 3 .. .. New Hampshire. . . . 3 5 5 5 . . . . NewJersey......... 5 7 .. .. 7 7 New York. . . . . . . . . 31 33 . . . . 33 33 North Carolina . . . . .. 7 9 9 9 . . . . Ohio....... . . . . . .. 19 21 21 21 .. .. Oregon . . . . . . . . . . . . l 3 . . . . 3 3 Pennsylvania- . o o . . 0 s o o o 0 Rhode Island...... 2 4 4 4 oo 00 South Carolina . . . . 4 6 6 6 . . . . Tennessee . . . . . . . . . . 8 10 10 IO . . o . *Texas . . - . . . 00.000 4 6 .- 00 oo 00 Vermont . . . . . . . . . . . 3 5 5 5 . . . . *Virginia . - . . - s . . - . 8 IO 0 0 o o o o o a West Virginia . . . s e 0 3 5 5 5 e o o 0 Wisconsin . . . . . . . . . . 6 8 8 8 . . _._._ Totals . . . . . . . . . 243 317 214 214 80 80 THE CABINET. Secretary of State. . . . . . . . .. . . . . . .E. B. Washburne, Ill. Secretary of Treasury . . . . . . . . . . . . . .Geo. S. Boutwell, Mass. Secretary of War . . . . . . . . . . . . . . . . .John A. Rawlins, Ill. Secretary of Navy . . . . . . . . . . . . . . . .Adolph E. Borie, Pa. Secretary of Interior . . . . . . . . . . . . ..Jacob D. Cox, Ohio. Attorney-General . . . . . . . . . . . . . . . . .E. R. Hoar, Mass. Postmaster-General . . . . . . . . .. . . . . .J. A. J. Creswell, Md. FORTY-FIRS T C ONGRESS—Extra Session—Met March 4, 1869, with a very large Republican majority in both branches. The Senate stood 58 Republican, 10 Democrat, and 8 vacancies; the House, 149 Republican, 64 Democrat, and 25 vacancies; Mississippi, Texas, Virginia and Georgia not being represented. The House organized by electing James G. Blaine, Me., Speaker. ' * These States not yet readmitted. 23 votes lost. 464 ' POLITICAL HISTORY. This brief session was made interesting by a strictly party struggle over the admission of Texas, Virginia and Mississippi, before they had ratified the Fourteenth Amendment to the Con- stitution. On April 10 a bill passed which required them to submit their constitutions as they stood to the people, and their Legislatures to ratify both the Fourteenth and Fifteenth Amend- ments, after which they would be readmitted. The extra session adjourned April 10, 1869. FOR T Y-FZKS T C ON GRESS-—F irst Regular Session—Met December 6, 1869. The lot of President Grant had not thus far been a happy one. Unlike his predecessor, he had no policy of Reconstruction aside from the acts of Congress, and these he declared he would enforce, on the principle that the best way to secure the repeal of such as were objectionable was to show their defects by actual and literal enforcement. But in this he was largely headed off by a condition of affairs in the late rebel- lious States, which was then attributed to the mistaken policy of President Johnson. From whatever cause, a party arose in the Southern States which prided in the name of“ Unrecon- structed ” and “ Irreconcilable.” It opposed the Reconstruction acts of Congress, and especially the Fourteenth and Fifteenth Amendments to the Constitution. Further, many Northern men had settled in Southern States. These, being in favor with the negroes, and naturally supporters of the government, gained a control of local politics which made them enemies of the “ Unreconstructed.” They were denounced as “Carpet- Baggers,” and the State governments they erected and supported as “Carpet-Bag Governments.” But as they were operating under color of local law, and insisting on rights for the citizen which the Constitution plainly gave him, they could hardly be ousted by regular forms. Ousted they must be, however. The plan of terrorizing the negroes was hit upon. This was perfected and carried out by those secret organizations which became known as the Ku-Klux-Klan. Their operations were so effective as not only to intimidate the negroes but to‘ drive out the Northern immigrants. This achieved, the doctrine of “a white man’s gov- ernment” became popular, and under it the regime of the respec‘ ELIHU B. WASHBURNE. ‘LL GEORGE S. BOUTW 465 466 POLITICAL HISTORY OF tive States passed back into the hands of those who had made, supported and controlled them before the rebellion. The operations of the Ku-Klux-Klan had not only been locally violent, but.defiant of the Reconstruction acts of Con- gress. Hence the President found his authority practically ig- nored. All the time, too, questions arose as to the constitution- ality of the Reconstruction acts. These occasioned delays and invited dangers. In the latter part of 1869 the Supreme Court came to his assistance and greatly strengthened his hands by a decision to the effect “ that Congress had the power to re- establish the relations of any rebellious State to the Union.” This decision Sustaining the policy of Congress and the Republi- can majority modified the tone of the Democrats, and in a great measure changed their purpose to make Reconstruction a central party feature. , The above situation gave rise to the Enforcement act, passed May 31, 1870, by a party vote, which gave to the President all needed powers to protect the freedmen and punish the perpetra- tors of outrages against white and black. Enforcement of this act did much to awaken Southern sentiment to the extent and danger of the “ Klan” and to correct its abuses. It fell into dis- repute, but was succeeded by other more open and ingenious, yet not less effective, means of intimidation, some of which took the shape of “ Rifle Clubs,” the “ White League,” and so on, all of which were harder to meet by legal processes than the more violent “ Klan.” . Before the close of this session the halting States of Virginia, Georgia, Texas and Mississippi had complied with the conditions of reconstruction and were readmitted. This practically com- pleted the work of reconstruction so far as the States were con- cerned; that is, they had complied with the forms of law, but much remained to be done to insure equitable enforcement of law. By July 15, 1870, the date on which Georgia was received, after hanging back with her ratification of the Fifteenth Amend- ment, the happy spectacle of a restored Union was again pre- sented, though the votes of Arkansas and Louisiana were not received on account of technical objections in 1872. THE UNITED sTATEs. 467 The other leading political acts of the session were one to enforce the Fifteenth Amendment, and one to amend the naturali- zation laws. The latter law made penal the issue of fraudulent naturalization papers, and authorized Federal supervisors of Con- gressional elections in cities of over 20,000 inhabitants. The Democrats opposed it on the ground that it was unconstitutional ; the Republicans favored it on the charge of frauds in New York by which the State had been carried for Seymour. They used with effect the language of Horace Greeley that “more votes had been cast for Seymour in one of the warehouse wards of the city than there were men, women, children, cats and dogs in it.” In March, 1870, the Constitutionality of the Legal Tender Act of 1862 came before the Supreme Court as newly organized. It was decided to be constitutional. This was a partisan issue from beginning to end. The Republicans pleaded absolute necessity as a support for the law; the Democrats claimed that it was an inexcusable stretch of constitutional power. The former were consistent with that liberal interpretation of the Constitution on which they based their ideas of Internal Im- provement, Protection to American Industries, and scores of measures relating to war and reconstruction. The latter were hardly so consistent, for very many of them, when members of the Confederate Congress, had for reasons of imperative necessity advocated the issue of similar money, and that too, with the “ promise to pay” extended to a period beyond which the inde- pendence of the Confederacy should be recognized. The decision, notwithstanding its opposition, soon won popu- larity, and greatly increased the national credit. The popular- ized “ Greenback” soon after became the banking capital of a new party. The Tariff Act of July 14, 1870, had the effect of greatly enlarging the free list. Congress adjourned, July I 5, 1870. ' FORT Y-FIRST C ONGRESS—Second Session.—Met Dec. 5, 1870. Reconstruction being completed in form, all the States were represented for the first time since 1861. The Senatestood 61 Republicans; 13 Democrats; the House, 172 Republicans; 71 468 POLITICAL HISTORY OF Democrats. The President’s message advocated the annexation of San Domingo. This gave rise to a bitter opposition on the part of Charles Sumner, which took the shape of direct attack on the administration. A commission was appointed which reported favorably, and the matter was dropped. A supplement to the enforcement act was passed, Feb. 28, 1871. It incurred the usual Democratic opposition, and was passed by a strict party vote. It extended the power of super- visors and marshals, and gave the Federal Courts jurisdiction of cases arising out of violation of the Fifteenth Amendment. On March 3 the first civil service act in the history of the government was passed. Under it a commission was appointed, whose recommendations were not cordially received. Congress adjourned sine die, March 3, 1871. FOR T Y-SEC OND CONGRESS — Extra Session. — Met March 4, 1871. The Republicans had suffered somewhat in their representation. The Senate stood, Republicans, 57 ; Demo- crats, 17; House, Republicans, 138; Democrats, 103. House organized by re-electing James G. Blaine, Me., Speaker. The leading political act was that of April 20, 1871, known as the Ku-Klux Act. It was aimed directly at the secret organ- izations existing in Southern States, which could not be effectually reached under the enforcement acts of the previous session. Indeed, these acts were proving weak in all respects, and in view of the opposition they were meeting with, their propriety was beginning to be questioned. Congress adjourned, April 20, 1871. FORT Y-SECOND CONGRESS—First Regular Session.— Met Dec. 4, 1871. This session gave rise to two acts, both of which became noteworthy. The first was The Amnesty Bill. In its earliest shape it was a Democratic measure, formulated so as to secure the influence of Mr. Greeley, editor of the New York T ribune, soon to be the Democratic candidate for President. It was baffled by the Republicans for a long time by amend- ments adding Mr. Sumner’s Supplementary Civil Rights Bill. But it finally passed, May 22, 1872. Its effect was to remove the disabilities imposed by Sec. 3 of 14th Amendment to the THE UNITED STATES. 469 Constitution, from all but about 350 participants 'in the rebel- lion.* . The second was a Supplementary Enforcement act. The former acts of Enforcement, including the Ku-Klux act, were not strengthening the hands of the Executive in preserving order and securing therights of citizens, as they were designed to. The Democrats were squarely opposed to them, and so was a strong minority within the Republican ranks. It became a question whether the Congress should retreat or experiment fur- ther with a doubtful question. A majority sentiment favored another trial. Consequently the bill of June 10, 1872, was passed, which gave any citizen deprived of his rights access to the Federal courts, made it a penal offense to deprive, or con- spire to deprive, any citizen of his rights under the amendments, placed the United States troops at the call of the States to sup- press conspiracies, and further declared such conspiracies rebel- lions, to be suppressed by Federal force if the States failed- This was regarded as the last stretch of Constitutional power in time of peace, even by the advocates of the bill. If its effect was to hasten the final disintegration of the annoying, defiant and cruel “Ku-Klux-Klan,” the same cannot be said of those more ingenious and popular methods of opposition which were relied on as supports of the idea of “A White Man's Govern— ment.” The Tariff Act of June 6, 1872, made a material reduc- tion in duties and added largely to the free list. Congress adjourned, June 1-0, 1872. ELECTION OF 1872.—*The first ‘party in the field was a new one, styling itself “Liberal Republican.” This misnomer origin- ated in Missouri, in 1870. A Liberal Republican would naturally be one who favored a liberal construction of the Constitution. But the new Liberal Republicans were those who thought the Republicans had already exceeded, in their legislation, the powers contained in the Constitution. They were therefore not so liberal as the Republicans, but stricter in their interpretations, sufficiently strict to draw the Democratic support, as we shall * Subsequently other acts removed these disabilities from all who participated in the rebellion, except Jefl'erson Davis. 470 POLITICAL HISTORY. see. A considerable Republican sentiment had been inclining to this movement for some time. It was encouraged by the “ General Amnesty” idea, advocated by Mr. Greeley and by others who were at the time called “ Sentimentalists.” The fail- ure of so many of the Reconstruction measures of Congress to bring about desired results, the opposition they all excited, the growing thought that they were of doubtful propriety, and even of doubtful constitutionality, considering that they had no longer the imperativenecessity of war as a basis of vindication, further encouraged the movement. In 1870 the Republican party, then in control of the Legisla- ture of Missouri, split over the question of the removal of dis- abilities from Confederates, under the State Constitution. Those favoring removal, headed by B. Gratz Brown and Carl Schurz, called themselves Liberal Republicans; those opposing removal accepted the name of Radical Republicans. The former tri- umphed. This was the nucleus around which kindred sentiment gathered throughout the country. It gained headway by acces- sions in several States, as Mr. Greeley and Mr. Fenton in New York, Curtin in Pennsylvania, Trumbull in Illinois, and Charles Francis Adams in Massachusetts. The Democrats in Congress had fostered the sentiment. In the spring of 1871 there had been an actual fusion of the Liberal Republicans and Democrats in Ohio. The leaders denounced the Enforcement acts of Con- gress and the efforts of the administration to bring about Recon- struction under them. On the basis of a common feeling it was thought the Democratic party could be captured by the move- ment. A call was issued from Missouri, Jan. 24, 1872, for a National Convention of Liberal Republicans, at Cincinnati, on May 1. It nominated Horace Greeley, N. Y., for President, and B. Gratz Brown, M0., for Vice-President. The platform (I) re- cognized the equality of all men; (2) pledged the party to Union, emancipation, enfranchisement, and to oppose the open- ing of any question settled by the Thirteenth, Fourteenth and Fifteenth Amendments; (3) demanded the immediate removal of all disabilities; (4) local self-government with impartial suf- frage, for the nation a return to the methods of peace; ( 5) Thor- .T < . ‘ 2,. ‘tie-d . , V ' _ /1/ 4,44,?) I u " ' . . i, ( r 1),, twin’ ‘5 , _, ,Hjl, . - ' {It}, .jfav I ‘7,’! / '“Y 7/ 'Q/e/ \\ \ a ~\\\\\\ . -\\ ~ \\ ‘ I! . ,7)”, I; .07 11’ II’. /// y” // [474K // / \ R \ \\ 09")? [1719767] our” e7 / , //4/’,7/ .////// CARL SCHURZ. // r ” /'///// "394/, 4 v , ' t ’/ ’ 99/1/19”, / / j/ 471 472 POLITICAL HISTORY OF ough reform of the civil service, no President a candidate for re- election; modest revenue for all the needs of the government; on the matter of a tariff, the question relegated to the people of the Congressional districts for discussion; (7) maintenance of public credit, return to'specie payments, honor for the soldier, no more land grants to railroads, fair dealing with foreign powers. , The Republican National Convention met at Philadelphia, June 5, 1872, and renominated for President Ulysses S. Grant, Ill., and nominated for Vice-President Henry Wilson, Mass. Its platform (I) pointed, as the result of Republican policy, to a suppressed rebellion, emancipation, equal citizenship, universal suffrage, no punishment’ of men for political offences, a humane Indian policy, a Pacific railroad, public lands freely given to ac- tual settlers, protected immigration, uniform national currency, high national credit, careful collection and expenditure of rev- enue, large reduction of taxes and of public debt; (2) enforcement of the new amendments to Constitution; (3) enjoyment of civil and political liberty by all, no discrimination as to citizenship on account of race, color or previous condition; (4) an improved civil service; (5) no more land grants to corporations,but free homes for the people; (6) gradual reduction of the public debt, Tariff for protection; (7) honor to soldiers and sailors, abolition of franking privilege, reduction in rate of postage, approval of the administration, repudiation denounced, additional rights for women, amnesty approved, respect for the rights of States. The Democratic National Convention met in Baltimore, July 9, 1872. By pre-arrangement and with the hope of triumph through the Republican schism it accepted the platform and, nominees of the Liberal Republicans, and thus stood fully com- mitted to “ emancipation and enfranchisement, and to oppose any reopening of the questions settled by the Thirteenth, Four- teenth and Fifteenth Amendments ‘to the Constitution,” and to the further doctrine “that it is the duty of the government to mete out exact justice to all, of whatever nativity, race, color or persuasion, religious or political.” A Straight-out Democratic National Convention met at Louis- THE UNITED STATES. 473 ville, Ky., Sept. 3, 1872, and nominated for President Charles O’Conor, N. Y., and for Vice-President John Quincy Adams, Mass. The platform was a plea for the rights of the States and a repudiation of the Baltimore Convention as a betrayal of the Democratic party “ into a false creed and a false leadership.” The Temperance, or Prohibition, party met in National Con- vention, for the first time as a nominating body, at Columbus, Ohio, Feb. 22, 1872, and nominated for President James Black, Pa., for Vice-President John Russell, Mich. The platform de— clared that as all political parties had proved unwilling to adopt an adequate policy on the question of traffic in intoxicating drinks; therefore (I) the party pledges itself to the principles of the Declaration and Constitution; (2) that effective legal prohibition, State as well as national, is the only means of suppressing traffic in intoxicants; ( 3) that existing party competition for the liquor vote is a peril to the nation; (4) dissuasion from the use of in- toxicants, competency, honesty and sobriety as qualifications for office, no removals from office for political opinion, prevention of corruption and encouragement of economy, direct vote of the people for President, a sound national currency, redeemable in gold, labor reform, suffrage‘ without regard to sex, fostering of the common schools. . The campaign was peculiar in every respect. The Republi- cans were sanguine, and scarcely needed to use ordinary cam- paign energies. The Democrats were cold toward their nominee, and mistrustful of the situation from the start. The Liberal Republicans bore the “ heat and burden” of the day, their can- didate even taking the stump, or rather making long railroad jaunts for the purpose of meeting with and inspiring his admirers. ' ‘ The November result was not a realization of Liberal Repub- lican hopes. They had not captured the Democratic party. The strength they brought to that party was far more than off- set by Democratic desertions to the Republicans or outright re- fusals to vote. Nor was it any more a realization of Democratic hopes. The expected profit from Republican schism was not forthcoming at the polls. “ Fusion had resulted in confusion,” was wittily said of the after-election situation. i 474 POLITICAL HISTORY OF FORTY-SECOND CONGRESS —-Second Session-:- Met Dec. 2, 1872. An interesting measureof the session was the creation of the Credit Mobilier commission by the House. It was created at the instance of Republicans to inquire into the truth of charges made against prominent men during the cam- paign by Democratic orators. The commission, consisting of two Republicans, one Liberal Republican, and two Democrats, made a full investigation and practically exonerated the mem- bers charged, except Oakes Ames and James Brooks, who re- ceived the condemnation of the House. The Franking privilege was abolished, the President’s salary raised to $ 50,000, and the salary of Senators and Representatives to $7,500. This was the offensive “salary grab” which met with such condemnation as to defeat many of the members who participated in its passage. It was speedily repealed. The electoral count in February showed 286 votes for Grant and Wilson. Mr. Greeley died in November. The 66 Demo- cratic electors therefore voted for other persons. Of these 42 voted for Thomas A. Hendricks, Ind., for President, with 24 scattering. Three of the scattering were for Greeley. They were rejected. B. Gratz Brown received 47 for Vice-President, with 19 scattering. - A grave question arose over the vote of Louisiana and Arkansas. Two sets of Returning Boards existed in these States, each of which had forwarded returns. The re- sult was that both were rejected, and these two States lost their vote. Congress adjourned sine die, March 3, 1873. On March 4 Grant and Wilson were sworn into office. XXII. GRANT’S SECOND ADMINISTRATION. March 4, 1873—March 3, 1877. ULYssEs S. GRANT, ILL., President. HENRY WILSON, MASS., Vice-President. Congresses. Sessions. 1, December I, 1873—June 23, 1874. 2, December 7, I874-March 3, 1875. 1, December 6, 1875-August 15 1876. FoRTY-FOURTH CONGRESS. 2, Dmember 4, 1876_M,mh 3’ i877. FoRTY-THIRD CONGRESS. THE UNITED STATES. 475 ELECTORAL VOTE.* Basis of States. 131,425. Alabama . . . . . . . . . 8 Arkansas . . . . . . . . 4 California . . . . . . . . 4 Connecticut . . . . . . 4 Delaware . . . . . . . . 1 Florida . . . . . . . . . . 2 Georgia . . . . . . . . . . 9 Illinois . . . . . . . . . . 19 Indiana. . . ...13 Iowa............. 9 Kansas . . . . . . . . . . 3 Kentucky... . . . . ..10 Louisiana . . . . . . . . 6 Maine . . . . . . . . . . . 5 Maryland . . . . . . . . 6 Massachusetts . . . .11 Michigan.. . . .. 9 Minnesota . . . . . . . . 3 Mississippi . . . . . . . 6 Missouri . . . . . . . . . 13 Nebraska . . . . . . . . 1 Nevada . . . . . . . . . . I New Hampshire. . 3 New Jersey . . . . . . 7 New York . . . . . . .. 3 3 North Carolina.. .. 8 Ohio . . . . . . . . . . . . 20 Oregon . . . . . . . . . . 1 Pennsylvania . . . . .27 Rhode Island.. . . . 2 South Carolina. . .. 5 Tennessee.. . . . . .. Texas............ Vermont . . . . . . . . . Virginia. . . . . .. 9 West Virginia . . . . 3 Wisconsin.. . . 8 Total H (.860 IO 366 Not counted. 2 for Perkins, Dem., Ga. 3 for Greeley (not counted). ' s for Hendricks, D., Ind. . . Not counted. :1 s for Hendricks. . . 12 for Hendricks. . . 8 for Hendricks. Republican. Lib. Republican. Ugsses Henry‘ Horace B. Grat; S. rant, Wilson, Greeley, Brown, Ill. Mass. N. Y. Mo. IO IO '6 '6 . . 6 6 . . 3 3 4 4 . . . . { 6 for Brown. 21 2I . I 5 1 5 I I I I . . 5 5 ‘ ‘ ' ° 4 for Brown, Mo. 7 1 - - i1; i3 . . I I I I . . . . s s -- 8 8 . . . . 8 for Brown. . . . . 6 for Hendricks. 1 for Davis. 3 3 . . . . 3 3 - - - - 5 5 I I O O 9 9 C O O O as as -- -- IQ 0 o O 22 22 o o o o 3 3 I o o o 29 29 0 o o o 4 4- o o o o 7 7 I O O I s s -- -- I I I I o o O o 5 s . i I‘ . . 10 _lg . . o o 286 286 * The death of Mr. Greeley before the Electoral count caused the casting of his 66 votes as scattering. The above table indicates the way they went for President. For Vice-President the vote was still more scattered. Brown, Liberal Republican, Mo., received 47; Julian, Democrat, kid, 5; Colquitt, Democrat, Ga., 5 ; Palmer, Democrat, Ill., 3; Bramlette, Democrat, Ky., 3; Groesbeck, Democrat, ‘0., I; Macken, Democrat, Ky., 1; Banks, Liberal Republican, Mass., 1. The 14 votes 476 POLITICAL HISTORY. THE CABINET. Secretary of State. . . . . . . .Hamilton Fish, N. Y. .' . . . . . . .Continued. Secretary of Treasury. . . . .William A. Richardson, Mass. Secretary of War . . . . . . . .William W. Belknap, Iowa. . .Continued. Secretary of Navy . . . . . ..George M. Robeson, N. J. . . . . “ Secretary of Interior . . . . . .Columbus Delano, Ohio . . . . . . “ Attorney-General . . . . . . . . .Geo. H. Williams, Oregon. . . . “ Postmaster-General . . . . . . .J. A. J. Creswell, Md. . . . . . “ FOR T Y- THIRD C ONGRESS—First Session—Met Dec. 1, 1873. The Republican majority was still large. Senate: 50 Re- publicans, 19 Democrats, 5 Liberal Republicans. House: 198 Re- publicans and 91 Democrats, with a sprinkling of Liberal Repub- licans. House organized by re-electing James G. Blaine Speaker. The business depression which culminated in the panic of 1873 made cautious financial legislation necessary. An act increas- ing the national currency to $400,000,000 was vetoed as tend- ing to inflation at a time when the tendency should be toward resumption of specie payments. The bill could not be passed over the veto for want of the necessary two—thirds, though a strong minority in both parties thought inflation the proper remedy. This idea became the basis of the Greenback party, which began to figure about this time. Lengthy debates which took a party turn were indulged over a Republican measure to regulate inter—State commerce. So with Sumner’s Civil Rights bill, which was designed to secure to the colored citizens the rights comprehended in the Four- teenth Amendment. It passed the House, but got no further. An act was passed Sept. 14, 1872, which referred all matters in dispute‘ between this country and England to what became known as the Geneva Commission. This Commission now re- ported that the sum of $15,500,000 was due the United States for damages occasioned to American commerce by privateers fitted out under British auspices, bearing the British flag, or permitted to sail from British ports. At this session a Commis- sion was raised to distribute this award (June 2 3, 1874). of Arkansas and Louisiana were not counted on account of frauds in the elections and duplicate counts by two opposing Returning Boards. The popular vote was: Grant, 3, 597,070—31 States; Greeley, 2,834,079—6 States; O’Conor, 29,408 ; Black, 5,608. . HENRY WILSON. HAMILTON FISH. 477 478 POLITICAL HISTORY OF What was known as the Poland Utah Bill became a law. It created a District Court for the Territory, and excluded polyga- mous persons from the jury-box when bigamy cases were being tried. _ _ The Tariff Act of June 22, 1874, was passed. It was an effort to correct the tendency of the act of 1872 toward low rates of duty. The act of 1872, as well as the preceding one, had been in the line of reduction. The panic of 1873 had taught the folly of too rapid a reduction of rates, or too wide a departure from the protective idea. The act of 1874 stiffened rates on dutiable articles, clung to the protective idea, and at the same time allowed a liberal free list, mostly of raw or unmanufactured articles. Congress adjourned, June 2 3, 1874. , FORTY-THIRD C ONGRESS—Second Session—Met Dec. 7, 1874. The Administration was pinched in its Southern policy. In Louisiana, for instance, two hostile State governments were in existence, the one favorable to the rights of all citizens, the other working under the auspices of the White League. They had gotten to blows. Blood had run in the streets of New Or- leans. The riots there, not to dignify them as war, threatened to culminate in a war of races. The President had been appealed to. The time had passed for that active interference which the early period of reconstruction might have warranted. Yet he could do no less than make some kind of effort for peace, and naturally in behalf of the government which recognized the largest liberty and Secured the amplest rights to all citizens. Such interference was turned greatly to his hurt by politicians. It was somewhat of an unfortunate juncture, for the President’s Private Secretary, O. E. Babcock, came to trial for complicity with the “ Whisky Ring,” but was acquitted and resigned. Then came the impeachment of Belknap, Secretary of War- (July 26, 1876), on the charge of selling an .Indian trading es- tablishment. He, too, was acquitted. But _by this conspiracy of circumstances the Administration suffered, and perhaps uns justly, for though-the efforts of its enemies were desperate to bring some of the alleged irregularities home to the White House, they in no Case succeeded. All these things, however THE UNITED STATES. 479 had their effect on public sentiment and contributed to bring about that political whirl which made the Forty-fourth Congress Democratic. - This session was marked by the passage of the Civil Rights bill, by a strict party vote. It secured the approval of the Pres- ident, March 1, 1875. It is the bill which the Supreme Court decided to be unconstitutional (October, 1883), on the ground that the authority conferred on Congress by the Fourteenth Amendment to give such amendment effect by appropriate legis- lation, was not an authority which took away from States the power to do the same thing, or interfered with their right to do it. On Feb. 24, 1875, House bill to permit Colorado to form a State government was passed by a strict party vote, and so, or nearly so, of the Resumption Act of Jan. 14, 1875. In this in- stance, the Republicans strove to crown their financial career by looking to a period when the National promises to pay should reach par in gold and silver. They were antagonized by the Democrats, who, for the time being, seemingly forgot their hard money notions of the Jackson era. The Tariff Act of Feb. 8, I875, stiffened the rates on silks, wines, tin-plates, and some other articles. Congress adjourned sine die, March 3, 187 5. FORT Y—FO UR TH C ON GRESS—First Session—Met Dec. 6, 1875. The House was Democratic and the Senate Repub-' lican. The former organized by electing Michael C. Kerr, Ind., Speaker. This lengthy session was barren of far reaching polit- ical results, owing to the attitude of the two Houses. The Demo- crats in the House cultivated their majority situation, so as to stand well before the country during the next presidential cam- paign, by advocating a reduction of appropriations, taxation, etc. In most of their efforts they were met half way by the Repub- licans. Congress adjourned, August 15, 1876. ELECTION OF 1876.—The year 1875 had been_ one of political turmoil, especially in the Southern States. It had been a year of political reverses for the Republicans in all sections-— a “ tidal wave ” year, to use a popular expression. It was evident 480 POLITICAL HISTORY OF that a close election was impending. By the extermination of what were called the “carpet bag” governments in the South, the Republicans lost much ground there, and could not hope to control more than two' or three of the States. Owing to side parties, the reverses of the previous year, the general feeling of weariness over Southern agitation, and especially the hard ac- countability to which a dominant party is naturally held during financial crisis, many Northern States hitherto strongly Repub- lican had become debatable. The new party calling itself “ The Greenback Party,”or rather “ The‘ Independent Party,” met in National Convention, at Indi- anapolis, May 17, 1876. This was an attempt to give coherency to a movement which had for its object relief of the financial stringency and business depression which prevailed. It would reach its end by using the credit of the government in the shape of Greenbacks, and insisting on a sufficient issue of them to re- lieve all stringency and depression. The thought naturally dated from 1873, the beginning of the financial crisis. It received en- couragement from the fact that the greenback was popular, and would ere long be redeemable in gold. But it may be said to have received its greatest impetus from the date of the Resump- tion Act of 187 5. The Democratic party, contrary to its tradi- tions, arrayed itself squarely against that measure. It was there- fore in a position to ally itself with the Greenbackers. These ' alliances were made in several States, and in some the coalitions were successful. Standing alone, the Greenback party obtained a hold only in industrial districts, and there more on account of the pleasing delusion of unlimited money than of any deeply imbedded principle. It nominated for President, Peter Cooper, N. Y., and for Vice-President, Samuel F. Carey, Ohio. The platform (I) arraigned ‘both the Republican and Demo cratic parties for refusing to foster “ financial reform and indus— trial emancipation.” (2) Demanded the repeal of the Specie Resumption Act of Jan. 14, 1875. (3) The United States note as a circulating medium, and a legal tender, and insistence on Jefferson's theorythat “ bank paper must be suppressed and the V circulation restored to the nation to whom it belongs.” (4) The THE UNITED STATES. 481 government to legislate for the full development of all legitimate business. (5) No further issue of gold bonds. (6) No further sale of bonds with which to purchase silver as a substitute for fractional currency. The American National Party met as early as June 9, 1875, in mass meeting, at Pittsburg, and nominated for President, James B. Walker, 111.; for Vice-President, Donald Kirkpatrick, N. Y. Its platform favored a Sabbath; prohibition; opposed secret societies ; favored the thirteenth, fourteenth, and fifteenth amendments; arbitration as a means of averting war; the Bible in schools; return to specie payments; a sound Indian policy; a direct vote of the people for President. The Prohibition Party met in National Convention at Cleve- land, May 17, 1876, and nominated for President, Green C. Smith, Ky.; for Vice-President, G. 4T. Stewart, Ohio. The platform in- vited (1) prohibition in all places under control of the govern- ment, and opposed all traffic in alcoholic drinks. (2) Equal suffrage and eligibility to office. (3) Lands to actual settlers; reduction of postage, and land and water transportation. (4) No lotteries nor stock gambling. (5) Abolition of polygamy; Na~ tional observance of Sabbath; Free public schools; Free use of Bible; Separation of sect from government and schools; Arbi- tration; direct vote of people for President; redemption of paper money in gold; economy. The Republican party met in National Convention at Cincin- nati, June 14, 1876. A significant feature of the Convention was the controversy over the method of casting the voice of the States. Hitherto the State delegations had voted as a unit, the sentiment of a majority of the delegates being the sentiment of the State. This rule was now broken and the delegates voted their choice, directly.‘ Rutherford B. Hayes, Ohio, was nominated for President, and William A. Wheeler, N. Y., for Vice-President. The platform declared (I) the United States is a nation, not a league; (2) Republican work is not finished until the principles of the Declaration are acknowledged in every State; ( 3) protec- tion of all citizens; rigorous use of all constitutional powers to that end; (4) redemption of U. S. notes in coin; (5) improved 31 482 POLITICAL HISTORY. civil service; (6) rigid responsibility in office; (7) no sectarian control of schools; sufficient revenue with protection; no more land grants to corporations; protection to emigrants; enlarged rights for women ; ‘extirpation of polygamy; honor to soldiers; deprecation of sectional lines; arraignment of Democrats for preferring Confederate to Union soldiers in public places; approval of the Administration. The Democratic party met in National _ Convention at St. Louis, June 28, 1876, and nominated for President, Samuel J. Tilden, N. Y.; for Vice-President, Thomas A. Hendricks, Ind. The platform (I) affirmed a need of reform and pledged the party to the'Union and to acceptance of the amendments as a final settlement of the controversies of civil war; (2) denounced the reconstruction-policy of Congress; the failure to make good the legal tender notes ; the high taxes and extravagance; the finan- cial imb'ecility which had made no advance toward resumption ; the Resumption Act of 1875 as hindering resumption; demanded its repeal; (3)'demanded a “judicious system of economics; ” reform in taxation; (4) the existing tariff denounced as a “ master-piece of injustice, inequality and false pretence; ” (5) Reform in public land system; reform in treaties with China; reform in civil service; in higher grades of service; in abuses of Republican party. DISPUTED RESULT—The result of the election, Nov. 7, 1876, gave rise to a prolonged dispute which involved many grave questions of law, and necessitated the raising of a special tribunal for its final determination. Up to the meeting of Con- gress the condition of affairs was thus: The election returns showed that the Republicans carried all the Northern States except New York, Connecticut, New Jersey and Indiana, and that the Democrats had carried all the Southern States except Louisiana, Florida and South Carolina. Owing to lack of faith in the Returning Boards of these three States, the result was disputed by the Democrats. Owing to a similar lack of faith in the methods of the Democrats in those States, the Republicans were Suspicious of their interference with the Returning Board counts and reports. SAMUELJIJILDEN' , MORTON‘ P R E V I L O JOHN A LOGAN' 483 484 - POLITICAL HISTORY OF Committees of both parties visited the scenes of strife. Whether their presence and advice helped a just conclusion has never been definitely ascertained. But it did not take much in- vestigation to find'that the vote of South Carolina was Republi~ can, and this the Democratic members of the Congressional Investigating Committee conceded. This disposed of one of the doubtful States. The Returning Board of Florida gave 926 Republican major- ity for the Republican electors. It was cited before ‘the Supreme Court of the State, and a recount was ordered. This gave 206 Republican majority. But before this recount was finished the electors had met and cast their votes for the Republican nominees. The Returning Board of Louisiana, appointed by Gov. Pack— ard, made up from the confused returns at their command a Republican majority of 3,931. The Returning Board appointed by McEnery, who claimed to be Governor, made up from the same confused election returns a Democratic majority of 7,876. The trouble in Oregon was not one of popular majority, which was admittedly Republican, but was over the claim that one of the three electors was a Federal office-holder. The Democratic Governor of the State therefore certified to two Republican electors and one Democratic (Mr. Cronin). The Secretary of State certified to the three Republican electors, he being the legal canvassing officer. FOR T Y-FO UR T H CONGRESS — Second Session. — Met December 4, 1876. The Speaker, Mr. Kerr, having died, Sam- uel J.,Randall, Pa., was elected to that position. The disputed Electoral count occupied almost the entire time of the session. The inadequacy of all laws regulating the count was painfully manifest. Both parties were firm. The situation was such that a false step might have led to an outbreak. The Republicans claimed that the President of the Senate had, under the law, the sole authority to open and announce the returns in the presence of the two Houses. _ The Democrats claimed that the two Houses acting as a joint body could control the count under the law. Some Democrats went so far as to say that the House THE UNITED STATES. 485 alone could decide when an emergency had arrived in which it was to elect a President. Danger was avoided by the patriotism of prominent members of Congress, of both parties, who after several conferences agreed to report the Electoral Commission Act. It passed, and was approved Jan. 29, 1877. The Senate vote for it was 47 to 17 against. Of this 47, 21 were Republicans and 26 Demo- crats. Of this 17, 16 were Republicans and 1 Democrat. It therefore had an almost unanimous Democratic support in the Senate. The House was Democratic. It passed there by a vote of 191 to 86. The act created an Electoral Commission, com- posed of five Representatives, five Senators, and five Judges of the Supreme Court, I 5 in all. Each of these bodies was to select its representatives on the Commission. To this Commission were referred the disputed returns. Its decision was to be final unless overruled by both Houses. The decisions of the Com- mission on all the disputed returns were to the effect that the electoral vote as certified and sent to the Speaker of the Senate by the regularly constituted authorities in each State must be accepted as conclusive and beyond investigation or question by any authority outside of that State.* The final count as thus ascertained gave the Republican nominees 185 Electoral votes, and the Democratic 184. Congress adjourned sine die, March 3, 1877. On March 4, Hayes and Wheeler were sworn into office. * A remarkable feature of this controversy was the fact that the Republicans were standing on old~time Democratic ground and relying on rigid Democratic doctrine. They were, for the time being, construing the Constitution strictly and insisting on the right of the State to ascertain its own vote and certify and forward it in its own way, all of which was to be conclusive on outside tribunals. The Dem- ocrats on the other hand combated their old rigid interpretation theories by urging that the Congress should reject the certificates from a State Returning Board. Happily the political complexion of the two Houses, one Democratic, the other Republican, prevented any successful appeal from the decisions of the Commission. If bot/'1 Houses, under the terms of the act, could have agreed to upset any one or the Commission’s decisions, then riot, if not civil war, must have ensued. But the act was wisely framed with a view to the entire political situation. 486 POLITICAL HISTORY. XXIII. HAYES’ ADMINISTRATION. March 4, 1877—March 3, I881. RUTHERFORD B. HAYES, OHIO, President. WILLIAM A. WHEELER, N. Y., Vice-President. Congresses. Sessions. 1, October I 5, 1877-December 3, 1877. Extra Session. FORTY-FIFTH CONGRESS. 2, December 3, 1877-June 20, 1878. 3, December 2, I878-March 3, 1879. . I, March 18, 1879-]uly I, 1879. Extra Sessiori. FORTY-SIXTH CONGRESS. 2, December I, 1879-]une 16, 1880. 3, December 6, 1880—March 3, 1881. ELECTORAL VOTE.* Republican. Democratic. Basis of R.B.Hayes, w. A. Wheel- 's. J. Tll- T. A. Hen: States. 131,425. Vote. Ohio. er, N. Y. den, N.Y. dricks, Ind. Alabama . . . . . . . . . . . . 8 10 . . IO IO Arkansas . . . . . . . . . . . . 4 6 . . . . 6 6 California . . . . . . . . . . . . . 4. 6 6 6 . . Colorado . . . . . . . . . . . . I - 3 3 3 . . . . Connecticut . . . . . . . . . . 4 6 . . . . 6 6 Delaware.............' I 3 . .. 3 3 Florida . . . . . . . . . . . . .. 2 4 4 4 _ . . . . Georgia . . . . . . . . . . . . .. 9 II .. .. I! 11 Illinois . . . . . . . . . . . . . . 19 . 21 21 ‘ 21 i . . .. Indiana . . . . . . . . . . . . .. I3 15 .. .. 15 15 Iowa . . . . . . . . . . . . 9 II II II 4 . Kansas . . . . . . . . . . . . . . 3 5 5 5 . Kentucky............. 10 12 .. .. 12 12 Louisiana . . . . . . . . . . . . 6 8 8 - 8 . . Maine . . . . . . . . . . . . . . . 5 7 7 7 . Maryland . . . . . . . . . . . . 6 8 . . . . 8 8 Massachusetts . . . . . . . . I I I 3 I 3 I 3 . . Michigan............. 9 II II II .. Minnesota . . . . . . . . . . . . 3 5 5 5 . . Mississippi............ 6 8 .. .. 8 . 8 Missouri . . . . . . . . . . . . . I3 15 .. I5 15 Nebraska . . . . . . . . . . . . I 3 3 3 . . Nevada . . . . . . . . . . . . . .. I 3 3 3 New Hampshire . . . . . . 3 5 5 5 . . Newjersey.... 7 9' .. 9 9‘ New York . . . . . . . . . .. 33 35 35 35 North Carolina.. . . . . . . 8 10 . . . IO 10 Ohio . . . . . . . . . . . . . . . . 20 22 22 22 . . . . * The popular vote was: Hayes, 4,033,950—‘21 States; Tilden, 4,284,885—I7 States; Greenback, Cooper, 81,740; Prohibition, Smith, 9,522 ; American, 539; scattering, 14,715. R PRESIDENTS FROM 1869 TO 1884. E ‘ ' ' “a v " . rillll||llll|I|lllllllllIllllllll|lllIll|IIll|llllll|lll|l|llllllllllllllllllllllllllllllllllllllllllllllllll|lllllIllIllllllllllllllllHll]llllllllllllllllllllllIlllllIllllllllllllllllllllllllllllll 487 llllllllllllF. 488 POLITICAL HISTORY. Eleeioml Vote—Continued. Republican. Democratic. Basis of R. B. Hayes, W.A. Wheel: rsii Til- T. A. Hen‘ States. 131,425. Vote. Ohio. er, N. Y. den, N.Y. dricks, Ind. Oregon . . . . . . . . . . . . . . 1 3 3 3 . . . . Pennsylvania . . . . . . . . . 27 29 29 29 . . . . Rhode Island . . . . . . . . 2 4 4 4 . . . . South Carolina.. . . . . .. 5 7 7 7 . . . . Tennessee. . . . . . . . . .. 10 12 . . . . 12 12 Texas................. 6 8 .. .. 8 8 Vermont . . . . . . . . . . . . . 3 5 5 5 . . . . Vii-ginia............. 9 11 .. 11 11 West Virginia . . . . . . . . 3 5 . . . . 5 5 Wisconsin............ 8 ‘IO 10 IO .. .- Totals. . . . . . . . . . . . .293 369 185 185 I84 184 THE CABINET. Secretary of State . . . . . . . . . . . .William M. Evarts, N. Y. Secretary of Treasury . . . . . . . . .John Sherman, Ohio. Secretary of War . . . . . . . . . . . .Geo. W. McCrary, Iowa. . Secretary of Navy . . . . . . . . . . . .Richard W. Thompson, Ind. Secretary of Interior . . . . . . . . . .Carl Schurz, Mo. Attorney-General . . . . . . . . . . . . .Charles Devens, Mass. Postmaster-General . . . . . . . . . . .David M. Key, Tenn. -POLI T 1 CAL SI T UA TI ON.—-The President’s inaugural was pacific. He visited the South, and the tone of his speeches there was very conciliatory. There was a general departure from Re— publican ideas respecting the questions which had disturbed the reconstructed States. They were given over to such rule as seemed inevitable fora long time, in case the Federal troops were withdrawn. While the President’s conservatism gave rise to criticism among his party friends, very many thought it proper that he should pursue an intermediate political course in view of the circumstances surrounding his election and the seeming desire for a breathingspell after the excitement attending the electoral count. . FOR T Y-FIFT H C ON CHESS—Extra Session—Called Oct. 15', 1877. This Congress, like the Forty-fourth, was Democratic in the House, and Republican in the Senate. The latter body stood 38 Republicans; 37 Democrats; 1 Independent. The House stood 156 Democrats, and 136 Republicans. The House organized by re-electing Samuel J. Randall, Pa., Speaker. Party lines were strictly drawn over a determined effort of the Demo- crats to repeal the Resumption Act. The platform of 1880 JOHN SHERMAN. 489 490 POLITICAL HISTORY. pledged the party to repeal. Their measure failed in the Senate. The same effort was made in the first regular session of this (Forty—fifth) Congress, with no better success. Congress-ad- journed, Dec. 3, 1877. FORTIZFIFTH CONGRESS—First Regular Sessionk—Met Dec. 3, 1877. From this time on financial legislation largely occupied the respective sessions. Government income was ample for every purpose. The national credit was high. Efforts to defeat resumption, fixed for 1879, were made by the Demo- crats this session, but failed owing to the Republican majority in the Senate. The era of refunding was beginning, and was to be carried on till it became evident that the entire public debt - could be turned into bonds bearing no more than three per cent. interest, if such an end should prove desirable. As a conse- quence bitter partyism was not indulged in'as during slavery times and the period of reconstruction, though- even these financial and business topics could not altogether escape modest party colorings when an advantage was likely to accrue. An act to remonetize silver and coin $2,000,000 (Bland) a month was passed and received the President’s veto, Feb. 28, 1878. It was passed over the veto. . This legislation was not of any party, but was thought to be in the interest of the Pacific or mining States. On May 28, 1878, the Bankrupt Act was so amended as to virtually work its repeal. The River and Har- ’ bor Bill of this session ‘(April 2 3, 1878) appropriated the large sum of $8,000,000 for this class of coast and internal improve- .- ments. This was extraordinary, not only on ‘account of the sum involved, but because it came from a Democratic House which had started on an economic career, and further because the old Democratic constitutional objections to appropriations of this kind were no longer heard. Both ‘parties were now fully committed to appropriations of this character, and all for the worse unless a check be provided, which, as we shall see, soon came in- the shape of executive veto. Congress adjourned, june 20,1878. FORT Y-FIFT H CONGRESS—Second Regular Session.— Met Dec. 2,1878. The President’s message referred with favor .. . 4.2...- a. . . a I. 0 WM. M. EVA RTS. . a ._ //.u\u\ \ JOSEPH R. HAWLEY. GEORGE H. PENDLETON. DANIEL W. VOORHEES. 491 492 POLITICAL HISTORY CF to the process of funding now rapidly and successfully going on, by which so many millions were being saved in annual interest. It was much firmer as to the Southern situation than his former message, and the party became assured of his fealty, began to harmonize in the several States and to recover from what, at one time, seemed to be permanent factional estrangement. An important, though not strictly party measure, was the Anti-Chinese bill, which was vetoed by the President as being against the Burlingame Treaty. It was passed over the veto, Feb. 22, 1879. It prohibited the immigration of Chinese as laborers. The Republicans in the House made a determined effort to stop the coinage of Bland dollars. Their measure was defeated by an almost solid Democratic vote. The great bone of party contention was the old Republican measures which provided for keeping peace at the polls in the respective States during Congressional elections. These bills authorized the appointment of United States Marshals, and even the calling out of troops in case of danger. The Democrats used their power over the Appropriation bill of this session, to work their repeal, by withholding pay for Marshals and for the army, except on the condition that troops should never be used at elections. Two Army Appropriation bills were vetoed by the President on the ground that Congress could not deprive the Executive of the power to keep the peace, and that judicious use of troops was still necessary to suppress riotous demonstrations in certain sections. The end of the session came before an ap- propriation was made for the army. Congress adjourned sine die, March 3, 1879. ' FORT Y-SIX T H CONGRESS ——Extra Session—Called March 18, 1879, to pass the Army Appropriation bill which the Forty-fifth Congress failed to do. Now both Houses were Democratic. The Senate contained, Democrats, 42; Republi- cans, 3 3; Independent, 1. The House, Democrats, 148; Re’ publicans, 130; Greenbackers or Nationals, 15. This was a stormy session. The Democrats had their way in ‘both Houses. They passed the Army Appropriation bill, with ' THE UNITED STATES. 493 the same “ riders” as before, providing pay for the troops in case they were not used for preserving peace at the polls. The excitement had the effect of uniting the Republicans and stimu- lating the administration, who regarded the withholding of ap- propriations as an attempt to coerce the Executive branch by starving the government. The President vetoed the bill, and thus stated his position: “The army and navy are established by the Constitution. Their duty is clearly defined and their support provided for by law. The money required for this pur- pose is now in the Treasury. It was not the intention of the framers of the Constitution that any single branch of the gov- ernment should have the power to dictate conditions upon which this money should be applied to the purpose for which it was collected.” The bill could not be passed over the veto. The offensive riders were therefore removed and the bill, as amended, passed. The Republicans made an ineffectual effort to pass a measure for insuring peace at Congressional elections by imposing a pen~ alty on carrying fire-arms or concealed weapons. The Demo- crats in the House passed the Warner Silver bill providing for the unlimited coinage of silver dollars. The members of their party in the Senate, under the lead of Bayard, refused to recog— nize it. Congress adjourned, July I, 1879. FOR T Y-SIX T H CONGRESS—First Regular Session.— Met Dec. I, 1879. ‘The summer had witnessed an exodus of the colored population of the South, and a movement toward kinder localities. It gave rise to much discussion in the journals of all sections, and those of the South advised more liberal treatment of the blacks in matters of education, labor contracts, etc. The President’s message was the firmest and ablest he had yet presented. It spoke of the success of resumption and the great saving thereby effected; took decided ground against fur~ ther coinage of the Bland dollar; urged the necessity of organ- izing an effective Civil Service Reform Commission, and favored the retirement of the Legal Tender notes. The Democrats again brought up their measure to prevent the use of the army to keep the peace at the polls. After receiving 494 POLITICAL HISTORY. what was known as the Garfield amendment to the effect that the “ bill should not be construed so as to prevent the Constitu- tional use of the army to suppress domestic violence in a State,” it was passed and approved. The same offensive “riders” were, however, attached to the Army Appropriation bill, which was again vetoed. Before the end of the session the Democrats modified their hostility to the Congressional Election Law, owing to a decision of the Supreme Court affirming its constitutionality. A long discussion was had on a bill to regulate the electoral count. A bill to this effect had been in many previous Congresses. Imperative as some such legislation seemed, nothing came of it. The River and Harbor bill of the session appropriated $9,000,000. Congress adjourned, june 16, 1880. ELEC T [ ON OF 1880.—The Republican National Conven- tion met at Chicago, june 5, 1880. There was much excitement in the party ranks over the candidacy of ex-President Grant, whose friends were urging him for a third, but not consecutive, term. After 36 ballots, james A. Garfield, Ohio, was nominated for President, and Chester A. Arthur, N. Y., for Vice-President. The platform recited, as Republican party history, the suppression of rebellion, reconstruction of the Union, manumission of 4,000,000 slaves, raising of a paper currency from 38 per cent. to par, pay- ment in coin of all national obligations, raising of government credit from‘ where 6 per cent. bonds sold at 86 to where 4 per cent. bonds sold at par, increase of railways from 31,000 miles in 1860 to 82,000 in 1879, increase of foreign trade from $700,000,- 000 to $I,I 50,000,000, and of exports from $20,000,000 less than our imports in 1860 to $264,000,000 more than our imports in 1880, revival of depressed industries. (2) Pledge of similar action for the future; to pay soldiers’ pensions; to further re- duce the debt, to encourage commerce. (3) The Constitution the supreme law; boundary between reserved and delegated powers to be determined by the nation, not by the States. (4) Favored popular education ; no appropriation of school funds to sectarian uses. (5) Protective duties; no land grants to corpora- tions; extinction of polygamy; internal improvement; obliga- /./. ¢ 2 , $1. . 2%.’. . L // ” i/V/Qfi/ .fl/ 4 w . 2.2 // //.// ,w. 72/...” .7 / / 4 / . ,v / / 2% .2/ S, HANCOCK- WINFIELD WM. R. MORRISON- 495 496 POLITICAL HISTORY OF _ tion to soldiers and sailors. (6) Limitation of Chinese immigra— tion; approval of Hayes’ administration; charges of corrupt practices and vicious principles on the Democratic party; radical civil service reform. The National (Greenback) Convention met at Chicago June 9, 1880, and nominated James B. Weaver, Iowa, for President, and E. Chambers, Texas, for Vice-President. The platform adhered to the principle of a large legal tender currency ; opposi- tion to refunding of the debt; abolition of national banks and their currency; favored unlimited coinage of gold and silver; enforcement of the eight hour law; opposed the immigration of Chinese; land grants to actual settlers only; regulation of inter- State commerce by Congress; a graduated income tax; no re- striction on suffrage; no bondholders’ government; no section- alism. ‘ The Prohibition Reform Party met in National Convention at Cleveland, June 17, 1880, and nominated for President Neal Dow, Me., and for Vice-President H. A. Thompson, Ohio. A very lengthy platform took the usual ground against traffic in intoxicants and arraigned both political parties for shirking the question. The Democratic Party met in National Convention at Cincin- nati, June 22, 1880, and nominated Winfield S. Hancock, N. Y., for President, and William H. English, Ind., for Vice-President. The platform (I) pledged the party to Democratic traditions and doctrines. (2) Opposed centralization and sumptuary laws; favored separation of church and State; fostered common schools. (3) Home rule; honest money; maintenance of public credit; “tariff for revenue only;” subordination of military to civil authority; reform of civil service. (4) Afree ballot. (5) De— nunciation of Hayes’ administration and Republican party. (6) Eulogy on Tilden. (7) Free ships; no Chinese immigrants; public land for actual settlers; protection of laboring man against “ cormorant and commune; ” congratulations over work of the Democratic Congress. The campaign opened disastrously for the Republicans, Maine THE UNITED STATES. 497 having gone Democratic, or Coalition, in September. The loss of Indiana to the Democrats in October threw the advantage to the Republican side. The Democrats felt, as the canvas ad- vanced, the weight of _their commitment to “ a tariff for revenue only,” a Protective Tariff being the issue directly pushed by the Republicans. “The Morey letter,” circulated for the purpose of injuring Garfield in the Pacific States, was a conspicuous cam- paign sensation. The impression that it was a malicious invention served to deaden its effect, if not to turn it to the disadvantage of the Democrats. The result in November was favorable to the Republicans. The Congressional elections were also favorable to that party, reversing the Democratic majority. FORTY-SIXTH CONGRESS—Second Session—Met Dec. 6, I880. The President’s message was a strong paper. It took high ground in. favor of the inviolability of the Constitutional amendments; favored an appropriation to perfect a civil service code; opposed political assessments; asked that polygamy be punished by excluding those who practiced it from the jury box; and that a silver dollar be coined equal in value to the gold dol- lar. An effort was made to pass a law regulating the electoral count. It failed as usual. The count in February (9th) showed 214 votes for Garfield and Arthur, and I 5 5 for Hancock and English. Congress adjourned sz'ne die, March 3, 1881. On March 4 Garfield and Arthur were sworn into office. XXIV. GARFIELD’S AND ARTHUR’S ADMINISTRATION. March 4, ISSI—March 3, 1885. JAMES A. GARFIELD, OHIO, President. CHESTER A. ARTHUR, N. Y., Vice-President. Congresses. Sessions. FORTY-SEVENTH CONGRESS. 1’ Decembfl' 5, 1331—August 3, I332- 2, December 4, 1882-March 3, 1883. I, December 3, 1883-]uly 7, I884. FORTY-EIGHTH CONGRESS. { 2, December I, 1334_Mar¢h 3, 1885. 32 498 POLITICAL HISTORY. ELECTORAL VOTE.* Republican. Democrat. james A. Chester; V'Vin'field S. William Basis of Garfield, Arthur, Hancock, English, 80.168. 131,425. Vote. Ohio. N. Y. N. Y. Ind. Alabama . . . . . . . . . . . . .. 8 Io .. .. 10 10 Arkansas.............. 4 6 .. 6 6 California . . . . . . . . ..... 4 6 l 1 5 5 Colorado . . . . . I 3 3 2 .. .. Connecticut........... 4 6 6 .. o-o Delaware....... . . . . .. I 3 .. .. 3 3 Florida . . . . . 2 4 .. .. 4 4 Georgia....... . . . . 9 11 .. .. 11 I! Illinois................19 21 21 21 .. .. Indiana..............13 15 I5 15 .. .. Iowa.......... . . . . . .. 9 11 11 11 .. .. Kansas.....s......... 3 5 5 5 .. .. Kentucky....... . . . . .. 10 12 .. .. 12 .12 . . . . .. 6 8 .. .. 8 8 Maine........... . . . . .. 5 7 7 7 .. . Maryland . . . . . . . . . . . .. 6 8 .. .. 8 8 Massachusetts.......... 11 13 I3 . 13 .. .. Michigan.............. 9 II 11 11 .. .. Minnesota . . . . . 3 5 5 5 .. .. Mississippi. . . . . . . . . . . . 6 8 . . . . 8 8 Missouri...... . . . . . . .. 13 I5 .. .. 15 15 Nebraska . . . . . . . . . . . . . I 3 3 3 .. .. Nevada . . . . . . . I 3 .. .. 3 3 NewHampshire........ 3 5 5 5 .. .. New]ersey............ 7 9 .. .. 9 9 New York.._ . . . . . . . . .. 33 35 35 35 .. .. North Carolina . . . . . . . . 8 10 . . . . 10 ' 10 Ohio . . . . . . 20 22 22 22 . .. Oregon............... 1 3 3 3 .. .. Pennsylvania........... 27 29 29 29 .. .. Rhode Island.......... 2 4 4 4 .. .. South Carolina... 5 7 .. .. 7 7 Tennessee;...... . . . . .. to 12 .. .. 12 12 Texas . . . . . . . . . . . . . . . .. 6 8 .. .. 8 8 Vermont............... 3 5 5 5 .. .. Virginia . . . . . . . . . . . . . . 9 II . . . . 11 11 West Virginia . . . . . . . . .. 3 5 . . . . 5 5 Wisconsin . . . . . . . . . . . . 8 10 IO 10 . . . . Totals... . . . . . . 2% 36-9 214 214 T5? 155 THE CABINEZ Secretary of State. . . . . . . . . . . . . . . .james G. Blaine, Me. Secretary of Treasury . . . . . . . . . . . . .William Windom, Minn. Secretary of War . . . . . . . . . . . . . . . . .Robert T. Lincoln, Ill. Secretary of Navy . . . . . . . . . . . . . . . .W. H. Hunt, La. Secretary of Interior . . . . . . . . . . . . . .Samuel J. Kirkwood, Iowa. Attomey~General . . . . . . . . . . . . . . . . .Wayne McVeagh, Pa. Postmaster-General.. . . . .. . . . . . . . . .Thomas L. James, N. Y. * The popular vote was, Garfield, 4,449,053—19 States; Democrat, Hancock, 4,442,035—19 States; Greenback, Weaver, 308,578 ; Prohibition, 10,305 ; Ameri- can, 707; scattering, 989. .1. 'I' A. 4 m .e. / /U ROBERT T.IJNCOLN. JAMEs c. BLAINE. HQ 500 POLITICAL HISTORY or POLITICAL SI T UA T I ON—The conservatism of the Hayes‘ administration, always manifested save on extraordinary occa- sions, had softened party asperities and allayed sectional feeling. It had given play to two currents within the Republican party, the one conservative, like the administration, the other radical. _ The new administration had the support of both during the cam- paign. It therefore opened auspiciously. The. inaugural was an able, patriotic paper, in which the President took a high stand on- the question of suffrage, education, morals, public faith and civil service reform. _ The Senate sitting in extra session confirmed the Cabinet officers, but the 'minor appointments, especially those for New York State, gave rise to much feeling, which ended in the resig- nation of the Senators from that State, May 17, 1881. This was the date of a disastrous division in the Republican party which led to the “ tidal waves” of opposition in 1882-83. The conservative sentiment of the party strove to purify and popular- ize the methods of party management. It took the shape of “ Independent ” revolt in many States. In others it administered quiet rebuke to those it was pleased to designate as “Bosses” by refraining from voting. THE ASSASSINATION—The President was shot at the Baltimore and Potomac depot, Washington, on July 2, 1881, ' at 9.20 A. M., by Charles J. Guiteau, a persistent seeker of po- litical places far beyond his ability to fill, and a maliciously dis- posed, cowardly semi-idiot, in whom disappointment had stirred natural diabolism to the point of assassination. The President rallied from the effects of the shot, lingered hopefully for a long time, but finally died at Elberon, N. J., at 10.35 P. M., Sept. 19, 1881,, amid the tears of a nation and the sympathies of a world‘. THE NEW ADMINISTRATION—The Cabinet at once telegraphed Vice-President Arthur of the death of President Garfield and suggested that he take the oath of office. He did so at 2.15 A. M., Sept. 20, 1881, at New York city, before Judge Brady; and again at Washington, Sept. 22, at 12 M., before the Chief Justice of the Supreme Court. THE UNITED STATES. ' 501 T HE CABINET—He did not reorganize his Cabinet at once, but when the changes were complete it stood as follows: Secretary of State . . . . . . . .Fred. T. Frelinghuysen, N. ]. Secretary of Treasury. . . ..Charles Folger, N. Y. Secretary of War . . . . . . . .Robert T. Lincoln, Ill., continued. Secretary of Navy . . . . . . . .William E. Chandler, N. H. Secretary of Interior. . . ...Henry M. Teller, Col. Attorney-General . . . . . . . .Benjamin Harris Brewster, Pa. Postmaster-General . . . . . . . Timothy O. Howe, Wis. FORT Y-SE VENT H C ON GRESS—First Session.-——Met De- cember 5, I881. The Republican party had control of the House, there being Republicans, 150; Democrats, I 31 ; Nationals, 10; Re— adjusters, 2. The Senate stood Republicans, 37; Democrats, 37; Independent, 1; Readjuster, I.* The House organized by electing Warren B. Keifer, Ohio, Speaker. A conspicuous measure of this session was the Edmunds Polygamy bill, which was not a party measure, but singularly enough met with only Democratic opposition. It became final March 23, 1882. Its gist was the disfranchisement of those practising polygamy. On .May 15, 1882, the bill to create a Tariff Commission was signed. This Commission sat at various places during the summer and fall. The Tariff act of the next session was based on their report. An amended anti-Chinese bill was passed, pro- hibiting their immigration for a period of twenty years. Ques- tions of banking and refunding took up a great part of the ses- sion. It was now an easy matter to place government bonds bearing interest as low as 3 per cent. An immense appropriation was made for River and Harbor purposes. It was vetoed by the President, but was passed over the veto by a vote of 41 to 16 in the Senate, and 122 to 59 in the House, showing that both par- ties were of the same spirit respecting this question of Internal Improvement. The veto took the ground that this species of legislation, as exemplified by this particular bill, had passed beyond the ‘only warrant to be found for it, viz.: the authority " to provide for the common defence and general welfare,” and * This was Senator Mahone, Va., who stood at the head of a State party called “ Readjusters ” of the State debt. 502 ' POLITICAL HISTORY. had become the means by which money was taken for small streams and purely local improvements, with which the people at large had no concern and through which they could receive no benefit.* Feb. 25, 1882, an apportionment bill passed. It fixed the number of Representatives, under the census of 1870, at 325. Congress adjourned, Aug. 8, 1882. FORT Y-SE VENT H CON GRESS—Second Session—Met December 4, 1882. This Congress seemed to be a point at which an immense amount of previously prepared and debated work culminated. It was prolific of‘ important and far-reaching measures, many of them political but most of them of general moment. The Tariff Commission had made its report and both Houses had it under discussion. The outcrop was the Tariff Act of March 3, 1883, which lowered duties on most of the lead ing imports, but whose main feature was to equalize rates and abolish the incongruities of existing Tariff laws. It cannot be said that the act was a success in this respect. Interests‘ to be consulted were so conflicting that it was impossible to avoid crudities and hardships. Demand for lighter duties on raw ma- terials made by manufacturing sections worked to the injury of producing sections, and vice versa. The act was in the nature of a compromise. It served to show, however, that the entire country had come to regard this class of legislation as vital. The act went into operation as to sugar and molasses on the Ist of June, 1883; as to its other provisions on the Ist of July, 1883. The Civil Service Reform Bill passed at this session. It was introduced in the Senate by Geo. H. Pendleton, Democrat, of Ohio, and authorized a commission to devise a plan of civil ser- vice and put it in operation. Though this bill was introduced by a Democrat and ably sustained by him, the Democrats were its active opponents. Its final passage in both Houses was by * The rapid growth of this class of appropriations after they began to receive the favor of both parties appears thus: 1870, $3,975,900; 1875, $6,648,517; 1880, $8,976,500; 1881, $11,451,000; 1882, $18,743,875, the amount in vetoed bill. Since the. beginning of the government there has been expended in the respective States for river and harbor improvements the total sum of $108,796,401. \.. \. \s \ . \\ \. BOSCOE CON KL ING- Copyright, 1888 By P. W. Zuzana A’ 05 503 504 POLITICAL HISTORY. an almost solid Republican vote against an almost solid Demo - cratic opposition.* An act of March 3, 1883, reduced letter postage to two cents for each half ounce and authorized a Postal note whose value should not exceed five dollars. Large reductions were made in Internal taxes. Congress adjourned sine die, March 3, 1883. FORT Y-EI GH T H C ON GRESS—First Session—Met De- cember 3, 1883. The political “ tidal wave ” of 1882, partially repeated in 1883, had been very disastrous to 'the Republican party. They lost governors and legislators in many‘ of their strongest States, and the National House of Representatives was Democratic. The Senate stood, Republicans, 40, to Democrats, 36. The House was composed of Democrats, 195 ; Republicans, 126; Independent, 1; vacancies, 3. Much interest was felt in the election of a Speaker. The Democrats, as a party,-seemed to be composed of two wings, one in favor of quiet respecting existing Tariff legislation, the other in favor of reduced duties. Mr. Carlisle, Ky., exponent of the latter idea, became Speaker. The President’s message recommended closer commercial and political relations with Mexico; an extension of our trade interests to South America and to the new Congo country; called attention to the national surplus of $132,874,44421, and recommended reduced tariff and internal taxation, with a partial appropriation of the surplus to the building of a navy; advised the redemption and recoinage of the trade dollars; a settlement of the Mormon question by repeal of the Territorial act and es- tablishment of a government through a Commission; reduction ' of postal rates in cities to one cent for every half ounce; pro- visions for Inter-State traffic or commerce; new legislation re- specting civil rights under the Fourteenth Amendment. The country regarded the paper as plain, practical, business-like and assuring. But the Congress was in no mood to embark upon legislation recommended by President Arthur. TheRepublicans were cast *Politicians attributed the defeat of Senator Pendleton for re-election to the Sen- ate by the Democratic Legislature of Ohio, in January, 1884, to his advocacy of this bill. THE UNITED STATES. 605 down by their recent reverses, while the Democrats were too new to the situation to hastily commit themselves to measures which might endanger their supremacy. They elaborated a scheme for What was called “ a horizontal reduction of the tariff,” but it was picked to pieces by the protectionists in their own party, and finally defeated by the snap-short method of a motion to strike out its enacting clause. The same result attended their efforts to reduce the surplus in the Treasury by repeal of internal taxation, though in this in- stance the general party judgment as to the necessity of such repeal seems to have been thwarted by a desire not to interfere with the internal tax on whiskey, and by the fear that any re- duction of internal taxation would give the Republicans and protection Democrats an excuse for maintaining high protective duties on imports. A bill to regulate the counting of the electoral vote passed the Senate, and also the House in an amended form. It fell to the ground in a Committee of Conference. The Blair Educational Bill passed the Senate but was defeated in the House. It appro- priated $15,000,000 the first year to purposes of education, to be divided among the States in proportion to the number of illite- rates therein; and then one million less each year for ten years. It was designed to assist the Southern States. The end of the session found the political situation compara— tively unchanged, and this was perhaps preferable to both parties. If nothing of moment had been accomplished, mistakes had, at least, been avoided, provided inactivity be not a mistake in politics. One thing was not forgotten, that was a good round sum ($13,- 899,700) covered into the River and Harbor Bill, for the purpose of exalting sleepy and unpretentious waterways into navigable arteries of trade. Congress adjourned July 7, 1884. ELECTION OF 1884.—The Republican National Conven- tion met at Chicago on Tuesday, June 3, 1884. It was the Eighth National Convention in the history of the party and was composed of 820 delegates. The candidates placed in nomina- tion were James G. Blaine, Me.; Chester A. Arthur, N. Y.; John Sherman, O.; Geo. F. Edmunds, Vt.; John A. Logan, 111.; Joseph 506 POLITICAL HISTORY OF R. Hawley, Conn. Each of the candidates had a respectable following, but the nomination of James G. Blaine had been fore- shadowed by a popular wave which was running swiftest and highest at the moment the Convention met, and which nothing could stem. The party seemed to demand as a candidate a man of Mr. Blaine’s brilliant and aggressive parts, and this quite as much for the purpose of dispelling the gloom occasioned by the local political disasters of 1882—8 3 as in obedience to a wish to see him vindicated by a nomination which had been, as his ad- mirers thought, unnecessarily withheld by prior conventions. He received the party nomination on the fourth ballot, and it was generally agreeable to the rank and file, but distasteful to a small faction who had clung to the fortunes of Mr. Edmunds, on the plea of conservative statesmanship, pure political methods ' I and practical reforms. These did not cease their antagonism during the entire campaign, and they came to be known as “Mugwumps.” General john A.‘ Logan, of Illinois, was made the nominee for Vice-President. The platform commended the party to the people for its achievements; lamented the death of President Garfield; en- dorsed President Arthur’s administration; favored a tariff for protection to industry; denounced the Democrats for failing to reduce the surplus by removing internal taxation, for attempting to correct the tariff by the indiscriminate process of “ horizontal reduction,” and for their hostility to the wool-growing interests; urged an international standard for gold and silver; suggested an act to regulate inter-state commerce; favored international arbitration as a substitute for war ; denounced the importation of contract labor; declared in favor of civil service reform; of keep- ing the public land for actual settlers; of liberal pensions for sol- diers; of an extended navy; denounced Polygamy; asserted the right of the United States to insist upon a free ballot and full count in the Southern States; and passed its pledge to secure to all persons their full political rights. The Democratic party met in National Convention at Chicago on july 8, 1884, in the same hall used by the Republicans a rrtpnth before. The Convention numbered 820 members, two- p my’ I" fall/4711, gif’flftzfj '' ‘3; I ,. . ‘ i . _._\~ 3333*‘: \~"“\‘\‘\\\u ~.__\.‘.'_\\\\\ ‘ a \' ‘ ~ a \‘.‘Q \‘1‘ ‘ ‘ \ .l\ ‘:‘Q \ \X} M -\§%§\ \.\\ :1 \ ‘ \ \‘~\~'\\‘\ x 4/ > {r I \\ 117 ~/’ 11%‘ .I , \ ‘ ‘I / j} \‘I '1!) v V‘ \ \ \fl 4 (jam 1? ‘s1 ’ / JJIJI’JIJ ‘I V "II!|"" !I""""". !','u||')-I"'- "-""-... B. K. BRUCE. FRED DOUGLASS. ) 117/ y/ 507 508 * POLITICAL HISTORY OF thirds of which were required to make a choice. The names of T. F. Bayard, Del., Stephen Grover Cleveland, N. Y., Jos. E. McDonald, Ind., Jno. G. Carlisle, Ky., Allen G. Thurman, Ohio, S. J. Randall, Penna, and George E. Hoadly, Ohio, were placed in nomination. ‘ ‘ , Grover Cleveland, of New York, was nominated as candidate for President on the second ballot. Thomas A. Hendricks, of Indiana, was nominated as Vice-President. Though the Tammany Hall leaders were bitterly opposed to Mr. Cleveland’s nomina— tion, and though he was unknown to the older Democracy, his nomination was regarded as a master political stroke on the part of the Convention. He had been elected Governor of New York State over Chas. J. Folger, President Aithur’s Secretary of the Treasury, by an unprecedented majority; was a favorite with the younger Democracy, and had given a plain, sturdy administra— tion without much reference to party behests. The‘ fact that New York was a pivotal State in the campaign, and that the Republican element which was to oppose Mr. Blaine not only resided there most largely but had long before expressed its favoritism for Mr. Cleveland, greatly added to his availability. Whatever may have been the sentiment respecting his ability as a statesman or even his desire to serve the leaders of his party, the dissatisfied elements soon closed about him, and it became apparent to all that, by his freedom from entanglements and newness to situations, he was stronger than his party. The platform announced that “the fundamental principles of Democracy, approved by the people, remain the best and only security for free government;” “the preservation of personal rights, equality of all citizens before the law, reserved rights of the States, and supremacy of the Federal .Government within the limits of the Constitution, will ever form the true basis of liberty; ” . that-the government should not always be controlled .by one political party; that a change is now demanded; that the Repub— lican party, as to principle, is a reminiscence; as to practice, an organization for enriching those who control its machinery; that it has nominated a ticket against which the independent portion of its members are in revolt; that the will of the people in favor THE UNITED STATES. 509 of change was defeated in 1876 by fraud and in 1880 by lavish use of money; that the Republican party has squandered mil- lions on a navy and given away the public lands to railroads and non-settlers; that said party does not keep its pledges as to free institutions, in favor of American workingmen, pensions for S01- diers, and protection to American manufactures; that the Demo- cratic party is pledged to revise the tariff in a spirit of fairness to all interests, and denounces the existing tariff and the internal revenue tax; that the circulating medium should be gold and silver, or money convertible into same; that the government should secure equal rights to all citizens; opposes sumptuary laws; favors civil service reform, separation of church and state, diffusion of education by common schools, the prevention of monopoly; favors the keeping of public lands for actual settlers, and all legislation tending to advance labor; favors the protec- tion of persons and property of American citizens in foreign lands; an American policy which shall restore American com- merce; laments the fact that S. J. Tilden refuses to be again a candidate. The Prohibition National Convention met at Pittsburgh, Pa., July 23, 1888, and nominated Ex-Gov. John P. St. John, Kansas, for President, and Hon. Wm. Daniel, Md, for Vice-President. The platform set forth that: Laws must be made in accordance with divine will; National and State laws regulating manufacture, supply and sale of alcoholic beverages must be repealed, as sources of evil; both political parties compete for the liquor vote, and are a source of danger; reform must be introduced into National methods by abolition of sinecures, by electing post- masters, by making sobriety a test of office-holding, by remov— ing none from office except when necessary; no government revenue from liquor and tobacco, but only from customs’ duties judiciously levied so as to protect labor; public lands only for private homes; all money, coin and paper, to be a legal tender; care and support for Union soldiers and their widows; no per- sons or peoples to be excluded from citizenship; drink reform to be brought about by Congress excluding it from the Terri- tories and providing a Constitutional amendment prohibiting it 510 _ POLITICAL HISTORY 0F and Polygamy in the land ; invitation to all laborers, women and moralists to support the party; civil and political equality for the sexes; change of name from “ Prohibition Home Protection Party” to “ Prohibition Party.” On May 14, 1884, a National Convention of Anti-Monopolists met at Chicago and nominated for President General B. F. Butler, Mass. They left the choice of a candidate for Vice-President open to their National Committee. This Convention was followed, May 28, 1884, by the “ Green- back” National Convention, at Chicago, which also nominated General B. F. Butler for President and added the name of General A. M. West, Miss, for Vice-President. This action blended the Anti-Monopolists and Greenbackers and the combination was ‘expected to carry the labor vote of the country with it. The “Greenback” platform demanded (1) Issue of legal tender notes in sufficient quantities to supply actual demands of trade and commerce in accordance with increase of population; substitu- tion of greenbacks for National bank notes; prompt payment of public debt by use of money locked up in public Treasury. (2) Demanded restoration of all public lands, moneys and railroads given away to corporations with the sanction of both political parties to the people. (3) All public lands must be reclaimed and held for the use of the people. (4) Congress should pass an inter-state Commerce hill. (5) Demanded the restoration of the income tax in a graduated form. (6) The amelioration of the labor of the country by passing sanitary laws, building industrial establishments, abolishing convict labor, appointing inspectors for mines and factories, reducing the hours of labor, fostering educational institutions, and preventing child labor. (7) De- nounced the importation of cheap convict labor. (8) Asked for a Constitutional amendment reducing the length of term of U. S. Senators. (9) Such rules for the government of Congress as shall put all members on an equal footing. (10) A wise revision of the tariff laws in the interest of labor, but expresses the be- lief that plenty of money is the best solvent of the issues of labor and taxation. (II) Inorder to test public sentiment, recom- mends an amendment to Constitution in favor of female suffrage THE UNITED STATES. 511 and stoppage of liquor traffic. (12) Pensions to all disabled sol-- diers of late war. (13) The Greenback Labor party is the only National party. (14) Appeals for support of all good men. The campaign opened with fierce attacks by both the leading parties on the private character of the opposing candidates. These, however, soon spent their force, and left the Democrats in the enviable position of a party whose candidate had no record as a national legislator or politician, and who had risen to the position of Governor of his State with the help of a large Repub- lican contingent and by a majority of nearly 200,000 votes. Their national platform was an instrument of generous promises and pledges, and the idea was easily cultivated that “ change” would not be‘ disastrous, but rather beneficial. The Republicans made a brilliant campaign, with their leader in the field, and an ardent advocate of the leading tenets of the party, especially those of protection and a free ballot. The Western States were ' visited and, when found to be well in line, the rest of the cam- paign was simple. The whole contest turned upon New York, as already foreseen, and with the chances somewhat against the Republicans. The Temperance ticket was pushed with full energy in the State, and with the effect of subtracting largely from the Republican strength. The Greenback Labor ticket was pushed with equal energy, and with the effect of subtracting from the Democratic strength. The advantage gained to the Republicans in other States by their strong “Protection” atti- tude and the personal magnetism of their leader was more than discounted in New York by the fact that the “ Independents” in their ranks were mostly free traders, and by the additional fact that it was the home State of the Democratic candidate. It was thought by the Republican managers that Mr. Blaine could improve the situation in the State by the inspiration of his presence. The experiment of a brief campaign tour was tried with very favorable effects, till the night of the celebrated recep- tion , tendered him by the united clergy of the metropolis, at which Rev. Dr. Burchard delivered his celebrated “ Rum, Ro- manism and Rebellion” speech. This fatal alliterative perora- tion was flashed over the country, without any explanation, and 512 POLITICAL HISTORY OF occasioned a stampede of the followers of the Greenback Labor ticket back to the Democratic fold. The result of this campaign was the closest on record. The Democratic candidate carried the one State necessary to his election by a plurality of only ' 1,047 votes. This was a political revolution the Country had hardly antici- pated a few months before. It brought the Democrats into Na— tional power for the first time since 1861, a period of twenty-four years and six administrations, and it placed them under a re- sponsibility they had never before been called upon as a party to meet, for progress had made immense strides since the days of Buchanan; slavery had been abolished ; the doctrine of States’ Rights and Secession had been obliterated by “grim-visaged war;” the hated national banking system of Jacksonian times was now a majestic and unassailable fact, and many other of the ancient Democratic principles and methods had fallen into des- uetude or been modified beyond recognition by the fires of time. FOR T Y-EI GH T H CONGRESS —- Second Session—Met Dec. 1, 1884. President Arthur's Cabinet as remodeled stood as follows: Secretary of State . . . . . . . . . .Fred. T. Frelinghuysen, N. J. _ Chas. J. Folger (died Sept. 5, 1884), N. Y. Secretary of Treasury . . . .. Walter Q. Gresham (Sept. 24, 1884), Ind. Hugh McCullough (Oct. 31, 1884), Ind. Secretary of War . . . . . . . . . . . Robert T. Lincoln, Ill. Secretary of Navy . . . . . .' . . . .William E. Chandler, N. H. Secretary of Interior . . . . . . . .Henry M. Teller, Col. Postmaster-General . . . . . . . . . .Frank Hatton, Iowa. Attorney-General. . . . . . . . . Benjamin Harris Brewster, Pa. The President’s Message was a compact and practical docu- ment abounding in information and good advice, and making a hopeful forecast of the future. As with all State papers of this time, it urged the expediency of providing against excessive ac- cumulation of money in the Treasury by lowering internal taxa- tion. In both Houses of Congress an Inter-State Commerce bill underwent discussion. A bill to prevent the importation of ‘' foreign contract labor was passed. Party lines were closely, WALTER Q. GRESHAM 513 514 THE UNITED STATES. ‘drawn on a bill to admit Dakota as a State. The Democrats opposed and the Republicans favored the bill. Political serenity was somewhat disturbed by a bill introduced by the Democrats which suspended the act authorizing the coinage of 2,000,000 of Bland dollars per month. The bill was said to have been introduced at the request of Mr. Cleveland, the newly-elected President, and as an aid to his proposed policy. It was defeated by the Democrats themselves. Congress adjourned by limita- tion March 4, 1885, having failed to pass the usual River and Harbor bill. On the same day Cleveland and Hendricks were sworn into office, and the Democratic party began its new lease of power in National affairs. President Arthur retired to private life, broken down in health and with the seeds of that disease in his system which he was not to survive more than a year or two. He had taken office amid a storm of condemnation and with his party torn by dissensions, but with a delicate sensibility, a digni- fied method, and calm procedure amid condemnation and cal- umny, he disarmed enmity in his own party, solidified its broken ranks, and left office amid kindly and considerate feeling on the part of his countrymen. r . » . F. T. FRELINGHUYSEN. CHAS. FOLGER. POLITICAL HISTORY. 515 XXV. CLEVELAND’S ADMINISTRATION. March 4, 188 5—-March 4, 1889. GRovER CLEVELAND, N. Y., President. THOMAS A. HENDRICKS, IND., Vice-President. (Mr. Hendricks died November 25, I885.) ' JOHN SHERMAN, President pro tem. of Senate, acting Vice-President. Congresses. Sessions. 1, December 7, 1885-August 5, 1886. FORTY'NINTH CONGRESS‘ 2, December 6, 1886-March 4, 1886. 1, December 5, 1887. FIFTIETH CONGRESS. 2, December 3, 1333_ ELECTORAL VOTE.* L L ' , Democrat. I Re ublican. States. Basis of Grover 05. A. James . John A. 154,325 Votes. Cleveland, N.Y, Hendricks, Ind. Blaine, Me. Logan, Ill. Alabama . . . . . . . . . . 8 IO 10 Io . . . . Arkansas . . . . . . . . . . 5 7 7 7 . . . . California . . . . . . . . . 6 8 . . . . 8 8 Colorado........... I 3 .. .. 3 3 Connecticut........ 4 6 6 6 .. .. Delaware ‘ . . u ¢ a o Q a o I 3 3 3 o o o 0 Florida . . . . . . . . . . . . 2 4 4 4 . . . . Georgia . . . . . . . . . ..IO 12 12 12 ~ .. .. Illinois . . . . . . . . . . . .20 22 . . . . 22 22 Indiana . . . . . . . . . . ..13 15 15 15 .. Iowa...............11 13 .. 13 13 Kansas.... . . . . . . .. 7 9 .. 9 9 Kentucky.........ll 13 13 13 .. . Louisiana...........-6 8 8 8 .. Maine . . . . . . . . . . . . 4 6 . . . 6 6 Maryland. . . . . . . . . . 6 8 8 8 . . . Massachusetts. . . . . 12 I4 . . . . I4 14 Michigan . . . . . . . . . . 11 13 . . 13 13 Minnesota.......... 5 7 .. 7 7 Mississippi......... 7 9 9 9 .. .. Missonri..........l4 16 16 I6 .. .. Nebraska . . . . . . . . . . 3 5 e . . 5 5 Nevada............. I 3 .. 3 3 New Hampshire . . . . 2 4 ~ . . . . 4 4 NewJersey......... 7 9 9 9 .. .. New York . . . . . . . . .34 36 36 36 . . . . * Popular vote—Cleveland, 4,91 1,017; States, 20; Blaine, 4,848,334; States, 18; Butler, Greenback-Labor, 133,825 ; St. John, Prohibition, 151,809; Scattering, 11,362. 516 . POLITICAL HISTORY OF Electoral Voile—Continued. h Democrat. ‘ T Republican. States. Basis of , Grover Thos. A. James G. John A. 154,325 Votes. Cleveland, N.Y. Hendricks, Ind. Blaine, Me. Logan, Ill. North Carolina.. . . . 9 11 1 1 1 1 . . . . Ohio....-......._...21 23 .. .. 23 23 Oregon............ 1 3 .. .. 3 3 Pennsylvania . . . . . . 28 30 . . . . 3O , 30 Rhode Island . . . . . . 2 4 . . . . 4 4 South Carolina. . . . . 7 9 9 9 . . . . Tennessee . . . . . . . . . 10 12 12 12 . . . Texas . . . . . . . . . . . ..11 I3 13 13 .. .. Vermont . . . . . . . . . . 2 4 i . . . . . 4 4 Virginia . . . . . . . . . . .10 12 12 12 . West Virginia.. . . . . 4 6 6 6 . . . . Wisconsin......... 9 11 .. .. II 11 Totals. . . . . ...325 401 219 219 182 182 THE CABINET. Secretary of State . . . . . . . . .Thomas F. Bayard, Del. Secretary of Treasury . . . . . . .Daniel Manning, N. Y. (Succeeded by Chas. S. Fairchild, N. Y., April 1, 1887.) Secretary of War . . . . . . . . . .William C. Eridicott, Mass. Secretary of Navy . . . . . . . . . .William C. Whitney, N. Y. Secretary of Interior . . . . . . . .Lucius Q. C. Lamar, Miss. (Succeeded by William F. Vilas, Wis., December 5, 1887.) Attorney-General . . . . . . . . . .Augustus H. Garland, Ark. Postmaster-General . . . . . . . . . .William F. Vilas, Wis. (Succeeded by Don M. Dickinson, Mich., December 5, 1887.) THE POLI T ICAL'SIT UAT ION—On coming into power after a long retiracy of twenty-four years, the Democratic party found practically a new country, but one at peace and in the en- joyment of unbounded prosperity. The Arthur administration had been clean, safe and elegant rather .than bold and strong. Politically there was but little to ripple the surface of events, and Mr. Cleveland came upon the scene with the best wishes of the nation at his back, and with a prestige for independent thoughts and conservative methods. He was younger than the ante-war principles of his party, unshackled' by ancient political complica— tions or previous national record, and could well afford to pro- 4 ceed cautiously with the work of his administration. He, and, for that matter, his party, had everything to gain by an adminis- tration of affairs which should embody wisdom and safety. He THE UNITED STATES. 517 made his Cabinet selections without much regard to the wishes of party leaders, and naturally gave the preference to his own State, which secured two of the leading secretaryships. The President’s inaugural was a brief paper, pledging close observance of the Constitution and laws, advising the limitation of public expenditure to the needs of the government, desiring peace, commerce and honest friendship with all nations—en- tangling alliances with none; devotion to the doctrine that our system of revenue should be so adjusted as to relieve the people from unjust taxation and prevent the accumulation of a surplus in the Treasury; care for the public domain and fair treatment of the Indians; enforcement of the laws against polygamy and the immigration of foreign servile classes; rigid execution of the Civil Service laws on the principle that public office is a public trust. The document was a plain, unimpassioned declaration of the President’s views and hopes without attempt to commit his party to anything new or startling, and it was well received by the country. Any policy' shaped upon it and honestly adhered to must rather continue in general terms the political ideas of his predecessors than revolutionize them. So the new administration came quietly into'power, and grad- . ually set about to improve the months prior to the meeting of the 49th Congress by fitting itself to a policy and purpose. This work would not prove exciting, for Mr. Cleveland was not re- garded as a man of creative intellect, original force or venture- some disposition. He owed much to what was odiously termed the “Mugwump” element in the Republican party, and this would prove a balance wheel should he attempt to yield too sub— missively to the pressure of the mere place-hunter, which was now getting heavier every day. On Nov. 25, 1885, the Vice-President, Thos. A. Hendricks, died suddenly, and the President pro tem. of the Senate, John Sherman, of Ohio, became acting Vice-President under the law. This made a Republican President possible in the event of Mr. Cleveland’s death. FOR T Y-NINT H C ON GRESS—First Session.-—Met Dec.- 7, 518 POLITICAL HISTORY. 1885. Much interest naturally centred in the meeting of this Congress, the first under the Cleveland administration. Parties in the Senate stood: Republicans, 42; Democrats, 34; a Repub- lican majority of 8. In the House the Democrats had 184 members and the Republicans 141, a Democratic majority of 43, though four of these were Independents. The President’s Message, his first to any Congress, was eagerly looked for. It proved to be a very lengthy document and a worthy state paper. Its three salient .points were the much mooted silver question, the tariff, and the civil service—with in- teresting side lights on the Indian problem, commercial treaties, Mormonism, the navy, and other current subjects. The Presi- dent portrayed in sharp, bold outline the dangers of further coin- age of the Bland silver dollar and urged that such coinage be stopped. In his tariff views he practically gave away the case of the free-trade element in his party and, while stopping short of the doctrine of protection, landed squarely on the position oc- cupied by Mr. Randall and the “protection” minority in his own party. On the civil service question he wrote with dignity and ~ force in its favor, and this part of his message was greatly lauded by his Independent Republican supporters and admirers. Thus on all the vital issues the President showed himself far in advance ' of his party and quite square with the measures which had taken shape within the past few years. In only one respect did he appear to be unequal to his professions, and that was in the prac— tical workings of the Civil Service act, which was not operating so as to prevent rapid partisan changes in the offices, as was ex- pected by its framers. The House organized by the re-election of Mr. Carlisle, Ky., as Speaker Over Mr. Reed, Me. Though the Democrats had a good working majority, they did not make much haste with legislation, and the session proved long and uninteresting. An episode occurred in the Senate which for a time ruffled the political serenity and threatened a serious breach with the Presi- dent. Mr. Cleveland had made a removal of a prominent official for alleged cause, and had sent to the Senate the name of his successor for confirmation. The Senate asked for the papers L.Q.C.LAMAR. \W-ll'm T Us. ~L\_\\\.\\\\\\\ \ .. ova-b": ..n :0‘ .~§$\~ . ~ \\\ \\\ BAYARD. F. THOS. WM. F. VILAS. AUGUSTUS H. GARLAND. 519 520 POLITICAL HISTORY OF connected with the case, as was usual. Those relating to the removal of the incumbent were withheld,» as being papers proper only for Presidential review. The Senate made its demand more peremptory. The President replied by sending an opinion of his Attorney-General vindicating his course. The Senate in turn resolved in the future to refuse its “advice and consent” to all removals from office, the papers relating to which were with- held by the ‘President. It was but another form of the old vexa- tious and dangerous question how far the President can annul by arbitrary removal the assent which the Senate gives under the Constitution to an Executive appointment. The weighty and absorbing question in the House was the old Morrison Tariff bill in fresh garb. It was more than ever a Democratic Stumbling-block, and was finally defeated by a refusal of the House to go into Committee of the Whole to consider it as reported from the Committee of Ways and Means, aDemocratic minority voting with the Republicans to secure this end. In its work the Senate was far in advance of the House, and that body passed such important bills as one to provide for Counting the Electoral Vote, the Blair Educational bill, supplement to the act to suppress Polygamy, etc., none of which were reached in the House. ‘The River and Harbor bill for the session appropriated the munificent sum of $14,473,900. Large appropriations were also made for improving the navy by means of new war steamers. The President used his veto power with vigor upon bills grant- ing pensions to Union soldiers in special cases. One hundred and fifteen of these bills-thus fell under executive displeasure. A bill regulating the Presidential Succession became a law Jan- uary 19, 1886. This session dragged its tedious length into August, and passed into history as one of the longest on record, while measured by its achievements it was by far the longest. It was never at any time animated ‘by heated party discussions, and the dominant party ventured nothing in the shape of new or aggressive measures. Congress adjourned August 5, 1886. FOR T Y-NIN T H C ONGRESS—Second Session—Met Dec. 6, 1886. But little had transpired during the short interval be- tween the two sessions of the Forty-ninth Congress to ruffle the THE UNITED STATES. 521 current of political events. The Congressional elections in No- vember showed a drift of sentiment away from the Democrats arid back toward the Republicans in districts where the lines were sharply drawn between Protection and Free-Trade. The comfortable working majority of forty-three which the Demo- crats enjoyed in the Forty-ninth Congress was reduced to a slen- der majority of sixteen in the Fiftieth Congress, and more than two-thirds of this loss of twenty-four members was accounted for , by the distaste of constituents for the F ree-Trade leanings of their old members. Though the political outlook did not augur well for what was popularly spoken of as the Carlisle sentiment in ‘the Democratic party, the President did not hesitate to take a decided step in his message toward the doctrine entertained by the majority wing of his party. After expressing disappointment at the little progress made during the previous long session toward reaching conclusions on such momentous questions as the “fisheries ne- gotiations,” the reduction of the surplus, the suspension of com- pulsory coinage, etc., the President repeated with emphasis the language of his former message regarding the necessity of di- minishing taxation to a point within the needs of the country,but now he was no longer undecided as to the means. Reduction by removing the internal revenue tax was scarcely alluded to, but the plan which he seemed to think wisest was ajudicious scaling of the tariff on imports, and especially a transfer of many of the cruder articles from the dutiable to the free list. The message, which was lengthy and diffuse, concluded with a de- fence of his pension vetoes during the former session. This session of the Congress was bound to be crowded and confused, for an’immense amount of unfinished work came down from the previous session, and many new questions were press- ing for solution. The Democratic majority in the House grappled heroically at first with the tariff issue, but the time was frittered away in useless conferences between the majority and minority‘ wings of their party, and the whole matter remained as if it had been untouched. Speaker Carlisle was so firm in his position that revenue reduction should only come about by means of 522 POLITICAL HISTORY. scaling the tariff rates, that he refused to let a vote be taken on a minority bill to repeal the internal tax on tobacco. The Senate anti-Polygamy bill of the last session was passed, in the House. It had the effect of virtually disfranchising the Mormons, and was the severest blow that peculiar institution had yet received from the government. The Inter~State Com- merce bill also passed. This measure established a commission _ whose duty was to inquire into railway management, break up harmful combinations, secure uniformity of rates and in every way nationalize through-route traffic. This act did not draw party lines closely, though it was not in harmony with the an- cient State-right theories of many of the Southern Representa- tives. Among the other bills of more or less political significance passed during the session was one granting pensions to Mexican soldiers, one redeeming the “Trade Dollars,” the Senate Bill regulating the Electoral Count, and the bill repealing the Tenure of Office Law. The Dependent Pension bill for Union soldiers was passed, vetoed by the President, and failed to pass over his veto. This important session, which witnessed the end of the Forty- ninth Congress and the completion of two years of a Democratic administration, placed to its credit some very desirable legisla- tion, but failed to project into laws the issues which were dis- tinctively political and respecting which parties were divided or likely to divide. The session adjourned by limitation on March 4, 1887, and the Congress as an entirety left the Tariff and Internal Revenue questions where it found them; the Free Silver Coinage Law remaincd in a worse state than before, for the issue of one, two and five dollar silver certificates, based on the coin stored in the vaults, was only a postponement of the real question; the Pacific Rail- road indebtedness was left to increase under the lame provisions of the old Thurman Act; the bankrupt laws were left to the mercy of each State; the basis of the National Bank circulation was permitted to dwindle away without providing a substitute; indigent war veterans were unprovided for; the Senate bill raising a Commission to examine into the Liquor Traffic was THOMAS A. HENDRICKS. 108- E- MCDONALD- DON M. DICKINSON. 523 524 POLITICAL HISTORY. ignored; the Blair Educational bill found no favor at all in the House; all of the bills looking to the admission of Dakota and Washington Territories died in the committee’s hands. The bill imposing a tax on oleomargarine, and reducing postage to two . cents per ounce, both of which became laws, met a unanimous popular wish. The closing days of Congress were so crowded that the Deficiency Appropriation bill failed to pass, and there was considerable agitation over the prospects of an extra session for the purpose of providing funds necessary to meet claims against the government. _ FIFTIETH CONGRESS—First Session—Met Dec. 5, 1887_ In the ‘Senate the Republicans had a majority of one. In the House the parties stood: Democrats, 168; Republicans, 152; Independents, 4; vacancy, 1.. The Democrats renominated Mr. Carlisle, Ky., for Speaker, and the‘ Republicans Mr. Reed, Me. Carlisle was elected by a vote of 163 to 148, a majority of 15. The Democratic House majority in the previous (Forty-ninth) Congress was 43. The Speaker’s address declared that this Congress must assume the responsibility of removing taxation and stopping the accumulation of revenue in the Treasury, in order to avoid depression of industries and probable panic; and it should so legislate as not to disturb invested capital or seriously affect the status of labor. ‘ The President’s Message was a brief paper of about 4,500 words and a new departure in the way of annual messages. It made no allusion to the various matters of interest presented by the heads of departments in their reports, nor to any measure of general moment save that branch of finance which concerned taxation, customs’ duties and the Treasury surplus. In this respect it was a special paper rather than an executive review of the entire country, and was apparently called forth by an ex- isting party demand for, definite legislative action during the session of Congress. It indicated a wide departure on the part of the President from the position held by him in former mes- sages, and a seeming conversion to the free-trade doctrines main- tained by a majority of his party. It was a surprise to all ex- cept the initiated, and was much discussed by friends and foes. H35: a. :2 \ F. \ N 2% a. R s H 526 ‘ POLITICAL HISTORY OF ‘The former saw in ita bold, clear statement of the true situation, and they regarded it as a timely declaration of the principles of Democracy as they must take shape in the next presidential campaign. Indeed it may be truthfully said that the radical free- traders of the party rejoiced over the signal recognition of their particular views by the President. On the other hand, the more conservative element of the _party, and especially the “Protec- tion,” or “ Revenue Reform,” element, headed by ' Mr. Randall, did not look upon it kindly. They regarded it as an unwise paper at that juncture, and as containing the seeds of'political disaster 'to the party, while it virtually crushed them as an im- portant minority factor. The Republicans accepted it as a throwing down of the free-trade gauntlet and an invitation to them to contest the case of “ F rec-trade as. Protection,” both in the halls of Congress and the coming national campaign. They criticised it for its lack of new and convincing argument; its dis- crimination against the protective system in general, and the item of wool in particular, and for its unnecessarily bitter spirit, as evinced by such expressions as, “ But our present tariff laws, the vicious, inequitable and illogical source of unnecessary taxation, ought to be at once revised and amended.” They'looked upon it as disingenuous and illogical in the ‘respect that while the President professed to be moved by an honest desire to'reduce the surplus in the Treasury, he entirely overlooked the'very easy and popular means of doing it by abolishing the internal revenue taxes—a set of taxes which the Democrats had always denounced as odious, iniquitous and savoring of war times—-but selected as a means that which would prove a blow to American‘ industries and the entire system of protection, and which, at any rate, would not work out in practice, sinceto reduce duties on articles of import below the point of protection was but to invite a larger importation and increased revenue. President Cleveland handed to the Senate for confirmation the nomination of L. C. Lamar, Miss, his Secretary‘ of Interior, to be an Assistant ustice of the U. S. Supreme Court; William F. Vilas, Wis., his Postmaster-General, to be Secretary of the Interior; Charles S. Fairchild, N. Y., Acting Secretary of the THE UNITED STATES. 527 Treasury, to be Secretary in place of Daniel Manning, resigned, and since dead; Don M. Dickinson, Mich., to be Postmaster- General. These nominations were promptly confirmed, except that of Lamar for’ a U. S. Justice, which hung for several weeks in the Senate and was then confirmed by a very small majority. Mr. Carlisle withheld his selection of the House Committees till after the holiday recess, so that the Congress was not organized for effective work till the middle of January, 1888. A serious question, which did not divide parties, but which reflected seriously on the tardiness or indifference of the admin- istration, arose two or three years before this time in the form of what was known as “The Fishery Question.” The Canadian authorities had repeatedly seized American fishing vessels putting into their ports, under their construction of existing treaties, which prevented such vessels from fishing within three miles of the shores- The Canadian-s drew the limit from head-land to head-land of their bays and inlets. The Americans insisted on a three-mile limit which followed the coast indentations. The frequent seizures led to indignation on the part of the fishing in- terests, and finally to the conclusion that the time had come for a modification of the treaties if war was to be averted. The Forty-ninth Congress authorized the President to take such steps as would remedy the evils and preserve the dignity of the United States, even going so far as to authorize him to use retaliatory powers. His Secretary of State, Mr. Bayard, called a Commis- sion to investigate the matter. This Commission was met at Washington, in November, 1887, by a Commissioner from Eng- land and one from Canada. Their sittings ran into February, 1888, when an agreement, in treaty form, was submitted to the Senate without hope of adoption, as it surrendered as many vital points of dispute as it gained. The Report of the Secretary of Treasury to the Congress showed that the Treasury surplus, about which all parties were exercised, and which had really come to mean unnecessary drain- age of the country and dangerous locking up of so much of the circulating medium, was, Dec. I, 1887, $5 5,2 59,000; and would be by June 30, 1888, $140,000,000. * ~ 528 POLITICAL HISTORY. Not a very pleasant feature of the opening of this Congress was the contest for his Seat which the Speaker, Mr. Carlisle, was forced into by Mr. Thoebe, an Independent and Labor Demo- crat, who claimed to have been elected in the Sixth District of Kentucky by 600 majority. The contest was decided eventually in favor of Mr. Carlisle, and whatever the merits of the case may have been, it is historic that the election in 1886 was close in a district which had given Mr. Carlisle 6,000 majority in 1884, and that on the whole the revolution was scarcely more signal than that which had retired many members of Mr. Carlisle’s economi- cal school in other Congressional districts. Mr. Mills, of Texas, took hold of the tariff measure which the Democrats, as a majority party, were under obligation to present, and the management of which usually gave one the distinction of a party leader. It was evident from the beginning that this was to be the absorbing measure of the session, and that upon it, together with the repeal of internal taxation, party lines would be closely drawn, except as the followers of Mr. Randall chose to divert a Democratic contingent into Republican channels. A final vote was reached in the House on Aug. 21, which showed 162 for‘ the bill and 149 against it. Party lines were never more closely drawn on a tariff measure. The bill lowered the scale of duties, and placed many articles classed as raw materials on the free list, among them wool. ' POLITICAL SITUA TION.—-The Democrats met in National Convention at St. Louis, June 5, 1888, and nominated President Grover Cleveland for President by acclamation. Allen G. Thur-- man, Ohio, was nominated for Vice-President. The platform re- affirmed that of 1884, and indorsed President Cleveland’s last annual message as a correct interpretation of it. The Republicans met in National Convention at Chicago, June 19, 1888, and nominated Benjamin Harrison, Ohio, for President, and Levi P. Morton, N. Y., for Vice-President. Their platform . took strong ground in favor of a protective policy and urged the repeal of all internal taxes except that on whiskey not used in the arts. But, if necessary, all internal taxation should be re- moved rather than that the principle of protection should suffer. é? , . aw ) ‘w "1.4/0 . .Ma ['4 S. GBOVEB CLEV ELAND r ..J r ..Lf. {aura/a . 1/ (‘Drive It I Q 1 his‘: 1|." I I ..a n A)» x . BENJAMLT HARRISON. LEVI P. MORTON. . . Q . \lflirnwss . NR .\ .lstux 4444...... \.u. -. . l l. v \ I‘ O 000.0 ‘:"O‘a‘a'o . O .l 0,0. ',’,I I , I I ' . ‘31'!’ - . . . ALLEN G. TH URMAN. P RESENT POLITICAL QUESTIONS. CIVIL SERVICE REFORM. TS NATURE—The Civil Service properly embraces all officials, outside of the army and navy, engaged in ad- 8’ ministering a government, National or State. In our government a part of these officials are elected by the people, as the President and members of Con- gress. Senators are elective, but by Legislatures. So in the States, Governors and various State officers are elective. What- ever their importance, their number is smaller than the appointive - officials. ‘Whether elective or appointive, all these officials go to make up the civil service; that is, they carry on the civil administration. But elective officials are responsible directly to the people. They do not constitute a part of the civil service in its narrower sense. In this narrower sense the civil service embraces only . the appointive officials. But before we reach that part of the civil service which is now the object of reform, we must still further narrow it to those officials who are appointive and whose duties are subordinate to the heads of the various departments in which they serve. The heads of all important departments, and especially those ranking as Cabinet officers, are so closely identified with the elective officials, and their function has still so much'of a political caste that they are not yet regarded as within the scope of statutory civil service reform, though they may be if 3tithe reform is ever carried to completion. la 2a, CIVIL SERVICE REFORM. The theory of civil administration which prevailed in all the - feudal countries of Europe was that office, from king to lowest retainer, was a right and a property. It was, therefore, used in a selfish, arbitrary way, not to advance the welfare of the State or Citizen, but in the interest of the official and his party. All office became a source of corruption, tyranny and positive dan— ger. This, more than anything else, was what broke the back of feudalism. The battle carried on for centuries between the people and titled officials was really a battle for reform in the administration of civil affairs. The death of feudalism meant the substitution of a new for the old doctrine respecting office and officials. Office was no longer a right nor its possessor a despotic owner. It was a trust, and its possessor a trustee for the people. The change was not immediate, but civil adminis- tration came to mean something vastly different from before. It was no longer a system for the perpetuation of party or men in power, nor for the subjugation of sentiment to their uses. The civil service was not’a machine organized for personal and ambi- tious ends, but an agency for conducting the business of the State or people on honest and economic principles. All this in theory at least. Ever regarding the problem of civil administration with anxiety, and ever wishing to profit by the wisest experience and best examples of the old world, our early statesmen held with the utmost tenacity to the doctrine that office was a trust, sacred in proportion to its dignity and responsibility, whose administra- tion in order to be effective must be wholly in the interest of the entire people, and into which there. should creep as little of the selfishness and personalism of the holder or the ambitions of his party as possible. This doctrine characterized, if it did not dominate, all civil administration prior to the formation of the Constitution. After that it was conspicuous in every national administration up to that of President Jackson. Without much drift toward the opposite, with, as it were, a skip and a bound over all precedent, there was then a sudden return to the ex- ploded doctrine of feudal times. With a simple wave of his presidential wand Jackson called up out of the recesses of a CIVIL SERVICE REFORM. 3a hoary past what became, in its newly vitalized form, the dogma that “to the victor belong the spoils of the enemy.” It was as if civic administration had been thrown back four hundred years by some giant of retrogression. It was the incorporation of a principle into modern civil procedure, which crowned king and titled retainer had used for a thousand years to perpetuate war- like power at the expense of the people’s manhood and ability, of all political progress, and even of liberty itself. It was strange that such a thing could happen at a time so remote from the feudal ages, and amid institutions which had grown out of oppos sition to feudal practices. It was stranger still that it should find ready acceptance by politicians and all political classes, and become so popular as to require years of organized reform to check and banish it.* The practical application of the Jacksonian doctrine resulted in the removal of all civil service officials and the substitution of those who professed a politics in accord with the Administration. He justified his action by the charge that he found himself surrounded by political enemies, and by the claim that he had a right to be surrounded only by political friends if a perfect administration of civic affairs were expected. What po- litical opinion had to do with mere clerical or administrative ability; why he chose to regard personal or party allegiance as preferable to supreme allegiance to the government; whether subserviency of mind or conviction was a guarantee of business qualification and pure civil methods; these were questions he did not ask, or if so, did not answer. Administration has followed administration in recognizing the right to make a clean sweep of civil service officials. Every head of a department feels that it is incumbent on him to cast his eye along the civil service lines and spy out hostile heads for * “/From that hour (Jackson’s administration) this maxim has remained an invio~ lable principle of American politicians, and it is owing only to the astonishing vitality of the people of the United States and to the altogether unsurpassed and unsurpassablefavor of their natural conditions that the State has not succumbed under the onerous burdens of the curse.”— Van Holst’s Constz'tutz'mal History qft/ze United States. 4a CIVIL SERVICE REFORM. the political guillotine. A change is expected with every administration, and failure to make it is not only a disappoint— ment but a source of unpopularity. If such change were made in order to Secure greater official merit, it would be desirable at all times. But there is no such plea, nor any test to insure it. On the contrary, the popular plea is now j ustification by prece- dent and reliance on the feudal dogma, “to the victor belong the spoils.” And as to test, it is, what has he done? what can he. do, for the party or the patron? The entire civil service is a farming ground for political leaders and their lieutenants. Promises of place are the incentives for prior political exertion; places themselves the rewards of such exertion, if success ensue. Thus there is always an army of aspirants for civil places who have no merit except ability to manipulate a ward or district in the interest of a prospective patron. They be- come henchmen rather than competent, trustworthy officials, and rely for their places more on allegiance to men than on the honesty and capacitywhich alone could sustain them in business circles. The effect of a system like this—called by some the “ system of rotation,” by others the “ spoils system”—cannot but be dangerous in the end to all purity, economy and efficiency in civil administration. It finds no countenance in any business, nor in any place outside of the civil service of the country. It tends directly to the destruction of confidence in the method of popular government through and by means of parties, whose real will it as often thwarts as carries out. It gives rise to closely corporate and mercenary political classes, to cliques and juntas Of stipendiaries; to despotic machines which run away with higher party instincts and pervert the sober judgments of the people. Popular election fails to be a faithful registry of studied sentiment and abiding conviction, but is a record simply of the desires of a scheming and ambitious few, at odds, as like as not, with every interest except their own. And these demor- alizing effects are not limited to civic administration of National affairs. They are felt in all the States, in all the larger cities, in fact, wherever civic officials are sufficiently ‘numerous, and civic affairs sufficiently intricate, to pass beyond the direct scrutiny and knowledge of the individual voter. CIVIL sERvIcE REFORM. ' 5a It is the province of Civil Service Reform to overcome these dangerous tendencies and break up this demoralizing system by substituting the principles of civic administration which prevailed in the early days of the Republic, and so embalming them in the forms of law and practice as to make it impossible for President, Governor or any elective official to set them aside at his pleasure. Since the subject of this reform has been broached, it has grown in proportion to its importance, and has already taken the substantial form of experimental law in the National and some of the State governments, upon which law has been based an ‘intelligent civil service procedure, destined to secure appointive civic officials without regard to their political opinions, but with regard solely to their merits, and to give them a tenure and term of office based on manhood and administrative excel- lence. HISTORY ABROAD—A fuller understanding of the sub- ject of Civil Service Reform may be had by brief reference to its history, especially in Great Britain, whose civil service is the largest in the world, has engaged most profoundly the attention of her statesmen, and has taken the most perfect reformatory shapes. During the feudal periods in England and every other European country, power over the civil service, which was equivalent to the King’s service, was arbitrary. Neither char— acter, capacity, economy, justice, duty, nor responsibility of any kind was recognized by the ruler, if demanded by the subject, in connection with civil appointments and removals. King‘ and chieftain held universal, unchallenged, despotic control over all subordinates, and regarded them and their places as appendages and perquisites of their own paramount authority. Against this came early revolt. Magma C/zarla, to which we. trace many of the principles of our Constitution, contained the first civil service rule in English history. King John was made to promise that he “would not'make any justices, constables, sheriffs, or bailiffs, but of such as-know the law of the realm and . mean to truly observe it.” Not'a State in our Union insists on a similar qualification for its magistrates. As soon as the rebel- lion which forced Magna C/zarm from John died away, this high 6a CIVIL SERVICE REFORM. qualification for then important offices was neglected and scorned, and the old abuses were renewed. Office again became a per- quisite and justice a farce. What the King and the favored officials chose to barter became authority, whose merchandise vitiated and benumbed the moral sense of the nation till reform was ten times harder than before. Not only in matters of State were offices dealt out to servile holders, but church offices were sold to the highest bidder, or disposed of so as best to secure favorites or placate enemies. This venality, running along for centuries, and over times when the moral sense was not active, begat a public opinion which looked upon it as inevitable. It was so in France, in Germany, and wherever feudalism had left its impressions. Besides, those who sanctioned this corruption were the ruling caste, the high-born, the titled, the educated, Kings, nobles, priests, lawyers. If ever reform was to come it must be looked for from sources far below these. The people themselves must move. It must be a battle of the masses against the privileged few, and the cause one of equal rights and personal merit against the arrogant and narrowing assumptions of political officials. This spoils system, nurtured in despotism, injustice, and even violence, gave rise to a second rebellion in 1377. It was the Wat Tyler rebellion. A third followed in the fifteenth century, known as the Jack Cade rebellion. Both were protests against offi- cial and partisan tyranny; both attempts to secure civil service reform. They did but scatter a little wider the seeds of whole- some public sentiment. In all else they were failures. Planta- genet and Tudor adhered to their arbitrary disposition of offices, though in the face of a people whose fears of feudal practices were gradually growing less. Yet power felt the weakness of its position, for amid the religious furore from Henry VIII. to James II., it bolstered itself with the dogma of the “divine right of kings,” and James I. announced, “As it is atheism and blas- phemy in a creature to dispute what the Deity may do, so it is presumption and sedition in a subject to dispute what a king may do in the height of his power.” During his reign official corruption became more shameless than ever before. CIVIL sERvICE REFORM. 70, Popular intelligence was growing apace. Pym, Elliot, Hamp- den and Puritanism were possible. So was Cromwell, the latter not a mere administrative reformer, but an impersonation of a new spirit in both religion and politics. He stood for the peo~ ple, as against rank, privilege and the entire spoils system. He disrupted, overthrew, abolished, purified, in the name of economy, merit and reform. It was a magnificent outburst of the people’s power, and a mighty lesson in political history. Cromwell did not fail in the means to precipitate revolution, but when it came to perpetuating it, not unmixed with his own personalism, he resorted to the official tests against which his whole move- ment was a protest. His death was the rapid decline of the revolution. He reformed a wicked and daring system only in part. But he left anv army of bold thinkers on political questions, and the system he struck at was never to regain its old prestige. The Bill of Rights which settled William Prince of Orange on the throne (1688) was very nearly a set of Civil Service Rules. It saved the judiciary, even down to the magistrates, from all political interference, and greatly modified patronage in every department of civic administration. A few of the higher officials whose intimacy with the king was unquestioned and whose advice and confidence he ought to have, were still to be his own appointees. These became his especial ministers, and the body together his Cabinet. Thus the old Privy Council was superseded, and the new body became that upon which our own Cabinet is modelled. Henceforth in England the per- sonalism of power was lost, and the politics of the realm was vested in parties of the people. Would they prove any purer and better than kings, nobles, and the central juntas? Not a whit. Parties in Parliament resorted to the same old means of securing and retaining power. Partisan appointments to office, illegal use of patronage, the raising up of an army of political adherents by distribution of spoils, these were to be sources of corruption and disgrace for a hundred and fifty years more. The only difference was they were more visible, and parties could be more readily rebuked. The people had, or could Sa, CIVIL SERVICE REFORM. have, temporary redress. Parliament and parties could not be so effectively tyrannical and dangerous, such complete rob- bers of rights, as kings and privileged classes had been. The old reform battles between the people and. the privileged classes were therefore to be renewed between the people and the Parliaments. Manfully was the struggle carried on. The fall of Lord North and the Independence of America mark its cul— minating point. After that, from 1800 to 1853, the monopoly of patronage in the Parliament witnessed a decline. Reform statutes began to crowd the books. Notions of civil adminis- tration on a business basis took deep hold. The people held mass meetings and demanded economic service and their right to recognition on the ground of merit. Public opinion in favor of mental and moral tests of fitness for civil places grew rapidly, and the political leaders were forced to bow to it. The English civil service was then the largest in the world, the East Indian branch alone requiring an army of officials. In 185 3 the efforts of reform were crowned with success by the opening of the civil service to free competition, and the ‘acceptance of all minor offi- cials on the basis of merit established by actual examination. A permanent Civil Service Commission was established, whose business was to complete the reform. The work has gone on from reform to reform, ever since. Qi‘ificial monopoly of nomi- nation has been broken up. Report after report has been made by the commission in proof of the signal superiority of the new over the old service. The political atmosphere is purer every- where. The young of all classes are stimulated to qualify for examination. Certainty of civil position, without a barter of manhood, sale of principle, or promise of subserviency, renders place desirable and honorable. Then after the holder is worn out with labor, or bowed with years, he is taken care of by the government he has faithfully served. There is no leading Eng- lish statesman to-day who does not testify to the value of this great reform. It is permanently incorporated on the civic ad'- ministration and for its great purity and elevation. Says Sir Charles Trevelyan, “You cannot lay too much stress on the fact that the making of public appointments by open competi- CIVIL SERVICE ‘REFORM. 9a tion'has been accepted by all our political parties, and there is no sign of any movement against it from any quarter.” HISTORY AT HOME—The first Congress had under con- sideration the subject of civil service. It refused to limit the term of civic offices, for the reason that the power of executive removal rendered such a limitation unnecessary. This was clearly in accord with the constitutional intention, for that in- strument when it fixes a term and tenure for non-elective offi- cials—judges for instance—extends it over a period of efficiency and good behavior. Judgment as to a like period for subordi- nate civic officials was left with the President. They were appointive ‘for publicconsiderations—not private—and for such term as they proved adequate to the discharge of ' duty properly and satisfactorily. As to the higher offices—cabinet offices and those intimately advisory—Washington said, “ I shall not, while I have the honor to administer the government, bring a man into any ofiice of consequence, knowingly, whose political tenets are adverse to the measures which the general government is pursuing, for this vin my opinion would be a sort of political suicide.” The Re- publican Jefferson and Federalist Bayard both reiterated this doctrine in 1800, and took care to exclude from it all subordinate ministerial officials. Woolsey in his Political Science says, “When the Democratic (Republican) party came into power with Mr. Jefferson, the- removals were so few that single cases excited a sense of wrong through a whole State.” John C. 'Calhoun, in his speech in the Senate (1835) on Jackson’s removals, ‘said, “Then (Jefferson’s administration) the dismissal of a few inconsiderable officers, on party grounds as was sup- posed, was followed by a general burst of indignation; but now the dismissal of thousands, when it is openly avowed that the public offices are the spoils of the victors, produces scarcely a sensation.” Buchanan said in the Senate (1839), “I should not become an inquisitor of the political opinions of the subordinate office-holders who are receiving salaries of some $800 or $1,000 a year.” - When the subject was up in the First Congress (1789) Madi- 10g, CIVIL SERVICE REFORM. son laid down the principles which were generally accepted by his contemporaries and uniformly enforced till 1820. They were to the effect that the power and duty of making removals were equally vested in the President alone, with an authority on the part of the House of Representatives to impeach him if he should either allow an unworthy officer to continue in place or wantonly remove a meritorious officer. Fidelity and efficiency were the measure of tenure, as character and capacity were the tests of appointments. There was no fixed term and apparently no need of any. Washington made only nine removals, and-all for cause. John Adams made only nine removals, and none, so far as is known, for political reasons. ' Jefferson confronted a situation somewhat novel. There had been a political revolution. He saw, or chose to see, something obnoxious in a few of Adams’ appointees, and so removed several, among whom was the collector Of New Haven. The fact that his successor was old and inefficient drew a remon- strance from the citizens, and this a reply from Jefferson, in which he said, “Is it political intolerance to claim a propor- tionate share in the direction of public affairs? If a due par- ticipation of office is a matter of right, how are vacancies to be obtained? Those by death are few, by resignation none. , I proceed in the Operation with deliberation and inquiry thatI may injure the best men least, and effect the purposes of justice and public utility with the least private distress, that it may be thrown as much as possible on delinquency, oppression, intolerance, and ante-revolutionary adherence to our enemies.” Then lamenting the fact that he found none of his party friends in office, he pro- ceeds, “ I shall correct the procedure, but that done, return with joy to that state of things when the only question concerning a candidate shall be: Is be honest? Is he capable? Is he faith- ful to the constitution?” This is worthy of notice as the first announcement by a President of a civil service method to be applied to subordinate officials. It has been variously con- strued, some choosing to see in it the enunciation of a principle which in Jackson’s time became the cry of “to the victor be- long the spoils,” Others the doctrine that only honesty, capacity CIVIL SERVICE REFORM. 11a and patriotic fidelity should prevail in determining appointments and removals, perhaps obscured a little by impatience over the slowness of time to made desirable vacancies. He made only thirty-nine removals, and none of them, as he declared, for politi- cal reasons. Madison made only five removals; Monroe only nine; John Q. Adams only two ; and all these for cause. Of course defal- cations and inefficiency in office were not wholly unknown, but, in general, civic administration was able, pure and respectful. No other government had then reached so high a plane of fairness in dealing with those who served it, nor exhibited greater regard for character and fitness in its subordinate em- ployés. It seems almost impossible that this early system, so fully agreed upon by statesmen and parties, so strongly entrenched in our institutions, so supported by custom and practice, should shake and crumble. Let it be said with pride that the national government, however responsible for its downfall later on, was not at first to blame. The blight of the spoils system spread to it from the States, and notably from New York. That State had gained unenviable fame in the political contests of 1808, in which Van Buren traded his services to Tompkins for a udgeship. The Clintonian school was equally reckless. The judiciary was dragged down into the mire of politics. Before 1830 no State judge had ever gained office by popular vote. After that the infection spread, and now the judges of twenty- four States are selected at the polls for short terms, though the average term has gradually lengthened during later years and under the influence of a reaction which was inevitable. Profiting by the power which judicious use of patronage bestowed, Burr completed the system of political spoils in New York by requiring short terms of office, strict partisan tests, and servile obedience to leaders on the part of all officials. Even Clinton winced under the organized interference of Federal officials with the politics of the State. Civic affairs there were characterized by the most desperate and unscrupulous management. The new system was not without fascination for 12a CIVIL SERVICE REFORM. . the ambitious. It never has been. Even Jackson, during _his early aspirations for the Presidency, said, “I am no politician, but if I were, I would be a New York politician.” All this was before 1820. In that year the infection of the New York system passed from the States to the Federal government. A law was enacted which was credited to the joint ingenuity of Crawford and Van Buren, both aspirants for the Presidency, and which was clearly designed to open political patronage to ambitious and personal uses. It was the first law which fixed a term for minor civil offices. Changing their constitutional or customary tenure, it gave to district attorneys, collectors, naval officers, surveyors, paymasters and several other officers of like or lesser grade 3. term of four years. It declared the commissions of all officers dated Sept. 30, I814, vacant on'the same date of September, 1820. Thus by retroactive legislation a full line of vacancies was secured on the very eve of a Presidential election. The act further provided that all these officers should subsequently be removable at pleasure. This was rotation for the mere sake of rotation, ‘and further it was decided revolution, so far as all pre— cedent and all constitutional construction went. Such an act must have been impossible, but for the fact that there were no party lines at the time, and only a set of political factions or cliques, each with aspiring leaders, and each leader anxious to circum- vent the other. A marvellous accompaniment of the bill was that there never was any previous thought of its introduction, - no allegation of civic wrong-doing which it was to correct, no charge that the President could not or would not remove un~ worthy officials, not a word of debate over it, not a record of votes made on its passage. It moved through both Houses with the stealth of a serpent, and brought a civic revolution as disastrous as it was degrading. Calhoun on hearing of its pass- age declared it “ one of the most dangerous bills ever passed, and that it- would work a revolution.” Jefferson wrote to Madison in November, 1820, condemning the act as introducing fatal intrigue and corruption. Madison replied that the law was cer- tainly pregnant with mischiefs, and that if the error be not at CIVIL SERVICE REFORM. 13a once corrected, relief will be difficult, for it is of a nature to take deep root. John Quincy Adams, President Monroe's Secretary of State, gave it out that the President signed the bill unwarily and without perceiving its real character, and that in spite of it he adhered to the only just and constitutional practice of renominating every officer at the expiration of ' his com- mission unless some official delinquency or 'unfitness was proved. He further said, “if the principle of the statute is sound, Congress may limit the term of appointments to a single year, to a week or a day, and so annihilate the executive power.” Six years after its passage (1826) an effort was made to repeal it, but the spoils system had gotten a hold and was gaining cankero'us headway in the body politic. The act was clearly emboldening the spirit which gave it birth. Van Buren, who ranked as the greatest party manipulator of his time, did not hesitate to show to what uses it could be put. More cautious men still continued to deprecate party tests for office. Even Jackson, as late as 1824, in a letter to Monroe, declined to favor such tests. . By 1828 Jackson, then President, was a thorough convert to Van Buren’s idea and to the spoils system. So full of the spirit of that system was he, that his administration was signalized by the removal of twenty times more officials, for partisan purposes, than all who had been removed for any cause since the founda- tion of the government. - Nor was he even yet satisfied. Thirsty for other vacancies, he recommended in his first message, “ a gen- eral extension of the law which limits appointments to four years.” Even his‘ most admiring follbwers shrank from his suggestion. That message further declared “rotation a leading principle in the Republican (Democratic) creed.” Three years later (1832) Senator Marcy, in the Senate, and in answer to Clay’s taunt that the New York system was fully abroad in the national govern- ment, entered upon its defense, and used these memorable words: “ When they (the New York politicians) are contending for victory, they avow the intention of enjoying the fruits of it. If they are defeated, they expect to retire from office. If they are 14a CIVIL SERVICE REFORM. successful, they claim as a matter of right the advantage of suc- cess. T key see nothing wrong in tlze rule that to the wider 6elong' the spoils 0]’ the enemy.” This language seems to have set the seal of political approval on the new revolutionary and degrading system of official spoils. It was the end of the great leap which civic administration had taken backward into the feudal ages. The system at full play meant, no tenure for more than four years; ofi'ice and salaries the spoils of party warfare; removals at pleasure; rotation in order to give office to as many personal or party followers as possible; appointments and removals for political reasons; offi- cial duty to mean servility to partisan leadership and willingness to work for the party. Political assessments were of later growth, but a natural outcrop of the ingenious, tyrannical and iniquitous system. Such was the origin and spirit of the spoils system. On account of its “ great and alarming strides,” Calhoun again (1835) moved the repeal of the four years’ law. The debate was memorable. Webster and Calhoun were arrayed against Madi- son, as to the dangerous enlargement of official power, but they agreed in condemning the act of 1820. Webster was “ for stay- ing the further contagion of this plague. Men in office have begun to think themselves mere agents and servants of the ap- pointing power.” White, a supporter of Jackson, declared that “ under the present state of things, society will become demor- alized, the business of office-seeking will become a science, office- hunters will come on with one pocket full of bad characters, with which to turn out incumbents, and the other full of good char- acters, with which to provide for 'constituents.” Calhoun said, “ that the most certain road to honor and fortune is servility and flattery.” Southard declared that the act of 1820 “ had tended to make office-holders servile supplicants, destitute of independ- ence of character and of manly feeling.” Benton said, “ the act had become the means of getting rid of faithful officers, and the expiration of a four years’ term came to be considered as the vacation -of all officers on whom it fell.” The bill for repeal passed the Senate by a vote of 31 to 16, but that was the end of it. CIVII. SERVICE REFORM. 150, There has been no later attempt to wipe out this four years’ law. The Whigs, on their accession to power in 1840, might have been expected to correct a system they had ridiculed, op- posed and despised. But they adopted it, and from that time on it grew apace until it finally came to be regarded as indispen- sable to party success and government. The sons seemed not to be alarmed at the dangers which the fathers had apprehended from an extended and corrupt official patronage. It remained for the grandsons, in view of a vastly extended country and a mighty swelling of official numbers, in view of greater tyranny on the part of masters and greater dependence on the part of subordinates, to strike an effective blow for manhood tenure, merit term, non-partisan place, and only patriotic fealty. The anti-feudal doctrine is that public office is a solemn trust, whose most important condition is to choose the best possible men for the different places. And this has found sanction in our highest judicial tribunal, whose language is, “ The theory of our govern- ment is that all public stations are trusts, and that those clothed with them are to be animated in the discharge of their duties solely by considerations of right, justice, and the public good.” * THE FIRST REFORM—We have seen that by 1853 civic appointments in England were based on competitive tests made through open examination. In that year a law was passed by our Congress dividing the Clerks of the Treasury, War, Navy, Interior, and Post-office Departments into classes, and declaring that “ no clerk shall be appointed until found qualified by a board of three examiners.” In 1855 the act was extended to the State Department. This was known as the “pass examination.” It was not necessarily open nor at all competitive. In practice, it was no examination at all. We speedily fell away from the policy which the law was designed to establish, and were soon as much. at sea as before. THE SECOND REFORM In 1868 Mr. Jenckes, chairman of the Joint Select Committee on Retrenchment, presented in his report a mass of information bearing on the workings of the reformed civil service in England. His speeches on the subject * Trist m. Child, 21 Wallace R. 450. 16a CIVIL SERVICE REFORM. arrested the attention of Congress and led to much newspaper discussion. His efforts were crowned by the act of 187 I author- izing inquiry into our civil service. President Grant appointed a commission for the purpose. A set of rules governing future subordinate appointments were proposed by the Commission and accepted by the President. _They were to take effect Ian. I, 1872. ' Meanwhile interesting history was being made in the New York Custom House. To anticipate it a little, it had been found that from 1858 to 1861 the Democratic Collector had re- moved 389 out of 690 appointees. Subsequently, in three years, a Republican Collector removed 830 out of 903, and another, in sixteen months, had removed 510 out of 892. Every re- moval involved a long and demoralizing struggle for place. The feeling that any day might be his last in civic service, and that merit could count as nothing against political favor or intrigue toward securing retention or insuring promotion,’ repelled the most'worthy and correspondingly destroyed the manhood and reduced the efficiency of those who were successful. The same results were manifest in the Post-office, and they were visible in all the large cities containing elaborate Federal offices. Gov- ernor Cornell declared that one-third of the officials of New York could be mustered out with advantage to the public. The late President Garfield said, in Congress, that under a judicious civil service the government could be carried on at one-half its usual cost. President Arthur became Collector in 1871. He was soon convinced that a stable tenure was absolutely essential to a reform of the customs administration. In five years he re- moved only 144 officials, and certified to the Secretary of the Treasury, Nov. 23, 1877, that “ Permanency in office, which, of course, prevents removal except for cause, and secures promo- tion based upon good conduct and efficiency, is an essential element of correct civil service,” a conviction he reiterated in his letter of acceptance as Vice-President, in which he says: “The tenure of office should be stable. Positions of responsi- bility should, so far as practicable, be filled by the promotion of worthy and efficient officers.” CIVIL SERVICE REFORM. a The system proposed by the Grant Commission was based on merit, to be ascertained, in a limited way, by competitive examin- ation. It was not received warmly in official circles, though it had the President’s endorsement. It was therefore placed at a. great disadvantage, though its good effects were clearly apparent. In 1874 the Commission made a report which showed that, as far as tried, the system had secured for the service persons of superior capacity and character, and had tended to exclude un-. worthy applicants ; that officials were more ambitious to acquire information; that unreasonable solicitation, on the part of appli~ cants and their friends, of the heads of departments had dimin- ished ; that unworthy persons could be more readily dismissed; that intriguing pressure for place was less noticeable. The President concurred with the Commission’s report, and sent a special message to Congress asking for $25,000 with which to continue the work, which met with refusal. That this did not arrest the reform sentiment was shown by the fact that it exerted a greater influence in the next Presidential election than ever before. The platforms of the leading parties distinctly announced the doctrine that oflice was a public trust and should be administered only with a view to economy and the highest good, and without reference to partisanship and spoils. In his inaugural President Hayes said: “I ask the attention of the public to the paramount necessity of reform in the Civil Service . . . a reform that shall be radical, thorough and com- plete—a return to the principles of the founders of the govern- ment.” Though no general and uniform system of determining minor appointments was adopted during his administration, it witnessed, as he was forced along by a growing public senti- ment, an abatement of the abuse of Congressional dictation of nominations, the overthrow to a great extent of the custom of Senatorial control of State patronage, prohibition of political assessments, and prevention of interference in caucusses and conventions by Federal office-holders. His administration also witnessed the special application ‘of the merit system, and the tests provided by competitive examination, to applicants for place in the New York Custom House and Post-office, by which 35 18a CIVIL SERVICE REFORM. means removals among subordinates for political reasons have well-nigh ceased, and a much higher, purer and abler service has been secured. ' The Republican platform of 1880 contained a square accept- ance of the radical civil service reform announced in President Hayes’ inaugural. The Democratic platform declared for “a general and thorough reform of the civil service.” President Garfield reiterated the sentiments of his predecessor, but the Congress was very perverse. The elections of 1881 and 1882 were reminders that there was a sentiment abroad which would- not longer tolerate existing political methods. There were pending in Congress several bills all looking to civil service re-- - form, the most conspicuous of which was that in the Senate, introduced by Senator Pendleton, of Ohio. On Dec. 4, 1882, President Arthur sent in a message urging the passage of this bill, or some other equally effective. On Jan..16, 1883, it be- came a law by a large majority of the Congress, and went into effect July 16, 1883. Since" its passage the Legislatures of several of the Stateshave had under discussion a similar enact- ment, and one or two have passed laws looking to reform in their civil service. _ THE PENDLETON LA VV.—_-The act creates a commission, composed of three members, appointed by the President and Senate, to be known as the United States Civil Service Commis- sion.' They are to provide rules for open competitive examina- tions for testing the fitness of applicants for the public service. Their duties are fully laid down in the act, which also pro- hibits all political assessments, and provides for the appor- tionment of officials among the States in proportion to their population. The Commission‘ was duly appointed and published a set of rules in time to put the law in operation, July 16, 1883. They divide the subordinate Civil Service of the country into three classes, excluding, of course, laborers and workmen, to witi the Department Service at Washington, the Customs Service, the Postal Service. This division is not made, nor do the rules apply to cities or places, where the officials of any of the last CIVIL SERVICE REFORM. 19a two classes do not number fifty. Examining boards are created at certain places, mostly in the large cities, before whom candi- dates for place must appear for examination. By addressing these Boards, or the Commission at Washington, any applicant can find out the conditions on which he will be permitted to enter the contest and the manner of conducting the same. The examination embraces spelling, penmanship, arithmetic, gram- mar, geography, history and the principles of our government. The candidates are graded. All falling below an average of sixty-five for all the subjects fail. All securing an average of sixty-five or over are booked with the Commission for appoint- ment. When a clerk is wanted in any place to which the law applies, the names of the four highest on the list are sent to the chief official, who Selects one. And So with other vacancies. Examinations are held once a year, or oftener if necessary. The clerk accepted or selected is a probationer for Six months. If then acceptable his appointment becomes complete. Promotions are provided for. There is no inquiry into the politics or reli- gion of the applicant, but he must give certified assurance of his moral and physical character. . Though the system thus devised is new and somewhat ‘crude it promises to develop into substantial reform. The Commis- 'sion have made one report on its results, which is altogether favorable. It cannot be doubted that the reform has a substan- tial hold on the higher Sentiment of the country and a secure lodgment in the better judgment of political parties. That it will go on in this country, as in England, till it becomes a sub— stitute for a system both heartless and rotten is the conviction of its originators and friends. What monarchy ripened without example and. against caste, a Republic should perfect beneath the rays of experience and amid the encouragement of a pro- nounced sentiment. AR G UMEN T S FOR—Observe, the reform thus started does not bear on elective officials, nor on Cabinet officers, nor yet on a long line of minor appointees who may be called heads of the sub or smaller departments both at Washington and throughout _the country. All these are as yet recognized as belonging to 20a CIVIL SERVICE REFORM. the political side of civic administration. The reform is not so far on as to attempt to say where the line of separation shall be drawn between purely civil and purely political administration. Nor does the reform go to the bottom of the Civil Service. Where, say a Collector of Customs or a Postmaster has only a few clerks he is supposed to know sufficiently about the ability of each to judge of their fitness. The reform only begins when the clerks number fifty, and it applies to the great intermediate body of clerical employés or minor civic officials. Bearing these facts in mind, and remembering what room there is yet for the extension of the reform system, the arguments relied on by its friends are : (1) Public office is a trust to be managed on business and not on political principles. (2) It is the right of the people to have the worthiest citizens in the public service for the gen— eral welfare. (3) Personal merit is the highest claim upon office. (4) Party government and the salutary effect of party activity are purer and more efficient under a merit system of office. (5) A partisan system of appointments and removals enfeebles and debases government by parties. (6) Patronage in the hands of legislators usurps the executive function and in- creases the expense of administration. (7) Non-partisan and actual fitness for public place can only be ascertained by compe- tent examination. (8) Competitive examination ends partisan coercion and official favoritism, and, as has been proved, gives the best public servants. (9) Such methods leave to parties their true function and use. (10) The new system has raised the ambition and increased the self-respect of civic officials. (II) Open competition is as fatal to bureauocracy as it is to patronage, nepotism and spoils. ( 12) The merit system raises the character of the entire subordinate service, tends to economic administration, invigorates patriotism, heightens the standard of statesmanship and causes political leaders to look for support to better sentiments and a higher intelligence. ( I 3) It is a standing rebuke to imbecility and indolence. (14) It is‘ a return to the constitutional methods of the early Presidents and statesmen (I 5) It is as practical in a Republic as under any other form of government. (16) Elections would turn only on questions of CIVIL SERVICE REFORM. 21a pure men and pure measures, and not on the ability of politicians to secure places for themselves or their friends. . ARGUMENTS AGATNS Party ascendency would be jeopardized if public patronage were not turned to its account. (2) Party success at the polls means preference for its men and measures, which carries by implication the right to partisan dis- tribution of the spoils. (3) Administration can only do the will of the majority effectively through its political friends. (4) A line cannot be drawn between purely civic and purely political administration. (5) Patronage is an inducement for parties to exist and continue in active work. (6) The holder of political place should contribute to keeping his place. (7) Political activity is proper, and there is always a necessity for men trained in politics and political methods, who cannot be had if the in- ducement of patronage is removed. (8) Civil Service tends to bureauocracy; that is, to a class of officials who would grow indifferent and insolent if their places were permanent. By 1888 the Pendleton Civil Service Act had been in opera- tion for five years. It had been interpreted and put into practice by a very liberal-minded Republican Commission, created under the provisions of the law. The results had no doubt been favor- ably received in so far as the verdict of personal fitness on the part of an applicant, ascertained by the open, competitive exam- inations instituted by the Commission and carried out by local subordinate boards of examiners, was concerned. It placed the applicant beyond the favoritism of members of Congress and others in power, and in many instances was a positive relief from importunity for place. But it was seen that it must remodel the civil serviceiof the country very slowly, for as long as the party which enacted the law was in power and the places were all filled with its adherents there would be few vacancies aside from those brought about by natural causes. Perhaps it was this feature of the system which reconciled the Republican majority to its operations, and the Democratic minority as well, so long as it was a minority. . A real test of the efficacy of the system could come only with a change in the relative attitude of political parties. Such a . 22a CIVIL SERVICE REFORM. change came about on March 4, 188 5, with the inauguration of President Cleveland. The distinctive friends of Civil Service Reform were not daunted by this change, for they had given their support to Mr. Cleveland as against Mr. Blaine. They found in the Democratic national platform of 1884 almost as strong a commitment to a civil service policy as in the Republi- can national platform. They had seen Mr. Cleveland take high ground in favor of such a policy during his term as Governor of New York State. They had drawn from him an explicit letter, which they looked upon as his personal platform, in which he emphatically repudiated the Democratic traditions respecting office-holding, and substituted for the offensive Jacksonian doc- trine, “ To the victors belong the spoils,” the more modern, purer ' and safer principle, “ Public office is a public trust” to be ad- ministered solely for the benefit of the eestuz' gue trusts—the people. But while-they had no misgivings as to the success of the system even under the severe strain it was about to feel, the politicians of every school, and students of political philosophy as well, looked anxiously upon the situation, some with the hope that a system so full of promise might have a fair trial at the hands of the triumphant party; others, and perhaps a large ma- jority, with the sincere wish that it might suffer total wreck on partisan shoals. The temptation to an incoming party, especially after it had been for a long time in the minority, to operate, per— vert or destroy the system sufficiently to enable it to secure at least a fair share of the public patronage affected by it would be very great indeed. Could it withstand the temptation P This was hardly to be expected, notwithstanding the platform pledge and the bold position assumed by the President, for the truth had gradually worked its way to the surface that while Civil Service Reform as atheory was very sublimated and beautiful—— a something before which parties could afford to take off their hats and bow respectfully—it had not indoctrinated the rank and file so as to make them seriously thoughtful about either its per- manent existence or unpartisan operation; and as to a certain class of political leaders it was a stumbling-block and positive offence. ' ' ‘ CIVIL SERVICE REFORM. 23a But how could the civil service system, yet youthful, crude and little understood, be turned to the account of the dominant party without doing violence to its plainest provisions? It was soon perceived that it was a system all of whose positive provi- sions related to appointments to office. None of it related to removals from office, except upon sufficient cause. The head of - a Department might not appoint a clerk except upon open ex- amination by the Examining Board and sufficient qualification established thereby, but he might remove every official under him if he could allege cause. The cause contemplated by the act was such as inattention, ineflficiency, immorality, etc. ; inquiry into political or religious beliefs of an applicant or incumbent being prohibited. But by enlarging the old time doctrine that a party could not carry on the government in a way to suit the majority so long as it was hampered by retainers of opposite politics, it was easy to invent a cause for removal which should have some show of plausibility, even if it did not answer as a complete ex- cuse. Therefore to causes of a mental, moral or physical char- acter was added that of partisans/zip. But as parz‘zlsanskzjn in its general sense meant no more than the harmless exercise of such a belief as the law prohibited inquiry about, it had to be quali- fied by the word “offensive.” “ Offensive partisanship,” therefore, would become the key to unlock the civil service enigma. In the hands of the head of a Department it would prove a besom with which a clean sweep could be made, if such seemed desirable.‘ Other devices could be joined with it, such as the lowering of salaries so as to create grades of officials outside of the civil service rules. Mr. Cleve- land changed the political complexion of the Commission by making it Democratic, and by the appointment of at least one Commissioner who was hostile to the law and the system. In other respects he stood up firmly, though all too briefly, for his personal and party pledges to the Civil Service Reformers and the people, but it was evident to all political observers that in spite of him there was a fierce party surge backward toward the “spoils system,” and one which would either carry him along with it or leave him behind in high and dry party alienation. 24a CIVIL SERVICE REFORM. So all things worked toward a quiet, gradual, but none the less sure, avoidance of the civil service intent. The law was not vio- lated in a way to provoke bitter criticism, but instead of proving a buttress, as its framers supposed, it turned out to be only a gilded superstructure heldv up by wide-apart pillars between which ingenious politicians might ‘drive and turn a coach and four without fear of collision and break-down. Any summing up of the situation at the end of the third or fourth year after the political revolution of 188 5 would show an aggregate of results different in nothing from the “good old times,” when it was deemed a party right to smite an opponent “ hip and thigh” and a party virtue to prefer a friend, however common-place, to an enemy, be he ever so capable. By 1888 fully 50 per cent. of the places within the Civil Service act had witnessed removal and appointment for considerations other than those specified in the act; and the friends of the system may well wonder that this per cent. was so small, when the drift, as to removals and appoint- ments in general, was so pronounced as to make the following figures possible: 2,000 Presidential postmasters removed out of 2,379; 40,000 fourth-class postmasters removed out of 52,609; 32 foreign ministers out of 33; 100 collectors of customs out of 1 1 1 ; 32 surveyors of customs out of 32; 34 appraisers out of 36; 84 collectors of internal revenue out of 85 ; 65 district attorneys out of 70; 22 Territorial judges out of 30; 16 pension agents out of 18; 16 surveyor-generals out of 16 ; 190 land officers out of 224 ; 51 Indian agents out of 59; 79 special agents out of 83. With these facts in his possession the reader can readily make up his own mind as to whether the underlying principles of Civil Service Reform are more securely established to-day than five years ago when, after twenty years of agitation, they were first incorporated into statute law. POLYGAMY. OLYGAMY presents an intricate problem. There is almost a solid moral and political sentiment against it, . but the problem is of such a nature as to escape this and still avoid solution. The truth is there is yet a great deal to be learned about it. After one dwells upon it long enough to begin to see that it has ingenious, if not plau- sible, religious support, his wits are taxed to the uttermost to know whether a direct and heroic remedy is easy or possible. It is or is not polygamy; that is, it is or is not a crime amenable to law and removable by statute, just as it is or is not an essential part of a religion—Mormonism. The moment it chooses to sit under the panoply of Mormonism, or use it for an aegis, it boldly claims the exemption from interference accorded to other religions under Article I. of the. Amendments to the Constitution, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” . HIST OR Y OF MORMONfSM—According to Mormon belief, the Lord appeared to Joseph Smith, then fourteen, at Manchester, New York, in 1820. Seven years later an angel delivered to him certain metal plates on which were engraved in Egyptian characters the Book of Mormon. Two transparent stones were with the plates, by whose help Smith translated the characters into English. The book professed to be an inspired record of God's dealings with the ancient inhabitants of America. Its style is that of the Old Testament Chronicles. In 1829, John " the Baptist, and, shortly after, Peter, James and John appeared to Smith and a follower, Oliver Cawdrey, and consecrated them to the priesthoods of Aaron and Melchizedek. The church was ' 25a 26a ' POL-YGAMY. first organized at Seneca, N. Y., 1830. The next year the church was removed to Missouri. They called themselves Latter-Day Saints. Driven from place to place in Missouri, they were finally expelled from the State in 1838, and took refuge in Illinois, where they founded the town of Commerce. Here also they were the frequent victims of mob violence, and their town of Nauvoo was raided, resulting in the killing of Smith and his brother. Brigham Young, Smith's successor as Prophet, resolved to lead the community, which all the while throve amid persecution, into a new Canaan west of the great desert and in the recesses of the Rocky Mountains. In 1846 the Mormon migrants were at Council Bluff, where in compliance with a call of the Federal government they sent a battalion of 500 men to the Mexican war. In the spring of 1847, Young with 143 converts started for the new Canaan,to be followed later by a train of 700 wagons and the main body of pioneers. The journey of 1,000 miles, through a country as little known and as hostile as the Arabian desert was to the Jews under Moses, was made with success. They pitched their camp at the mouth of the cation where Salt Lake City now stands. The new Canaan was anything but a land of promise. Lieutenant Sher- man with a band of surveyors nearly perished on the shores of Salt Lake in 1850 for want of water. The Latter Day Saints were, in their imagination, the Israelites of old. They had fled from Egyptian persecution, crossed a trackless desert, met with miraculous preservations. In their Canaan, to the south, was Lake Utah, their Sea of Galilee. Flowing north was their Jor- dan, which emptied into the Great Salt Lake, their Dead Sea. The site selected for their new Zion was Jerusalem surrounded by mountains. The Indians were Philistines. They were hardy, industrious, frugal and enthusiastic. Cut off from outward food supply, they planted for themselves and fed rather than fought the Indians. They built, redeemed the "soil by irrigation, and throve. I _ By 18 5 7 they were a little independent State, though within a Territory organized as early as 1850. False knowledge of the situation drew the ire of the Federal government. An army POLYGAMY. ' 27., was sent out to crush them or compel allegiance to the central sovereignty. This monumental junketing tour was a farce. The Mormons were not the enemies they were supposed to be. ' The troops found nobody to fight. The money, arms and pro- visions they introduced helped to advance the struggling colony. Their coming was regarded by the Mormons as a providence. The opening of the Union Pacific Railway in 1870 connected Utah with the outside world. Since then the Mormon country has rapidly developed. Brigham Young died in 1877, and the community lost the prophet, priest and president under whose rule Salt Lake Valley had been transformed from a desolate, uninhabited wilderness to a richly cultivated and fertile land, the home of a prosperous, contented people numbering over 100,000 Souls. THEIR CONDITION—In settling the question of polyg- ' amy or even in entertaining opinion respecting it, care must be taken to disabuse our minds of the thought that Mormons are outcasts or heathens. The census shows that they have long since reached the respectability which numbers give. Utah has more people than any other Territory, more than Nevada, and as many as Delaware. Mormon colonies exist in Arizona, New Mexico, Idaho and Colorado. Their capital is the finest town of its size in the West. It is literally embowered in gardens and orchards, and streams of flowing water refresh its streets. Their villages and farm-houses are models of neatness and beauty. They have built 10,000 miles of irrigating canals, and turned every mountain stream to the account of agriculture. They built 400 miles of the Union Pacific Railway, and 600 miles of the first transcontinental telegraph line, besides 500 miles of local rail- road and 1,500mi1es of telegraph. ‘They have extensive manu- factures. They mine largely, and cultivate fruits and the cereals with success. Their farms are small and the price of improved land high. They have a good school system, and over 400 schools, with an average daily attendance of 44 per cent. of the school population. The per cent. of i_lliterates is lower than that for the United States at large. They have a university, a female seminary and a normal school. 28a . POLYGAMY. It is universally admitted by the Gentile population of Salt Lake City that the Mormon people are honest, straightforward and faithful to business contracts. They are temperate beyond any Christian people, temperance in some instances being carried to abstinence from alcohol, tobacco and tea. Under a pure Mormon regime drinking saloons and other places of vice were prohibited. Not a dozen of the 200 saloons now in Utah are kept by professing Mormons, and these are held in disgrace. Of‘ the population of Salt Lake City 75 per cent. is Mormon and 25 per cent. non-Mormon, yet the arrests in 1881 were: Mormons. Non - Mormons. Men and boys. . . . . . 163 Men and boys . . . . . . . . 657 Women . . . . . . . . . . . . .. 6 Women............... 194 Totals-............ 169 3T5? A, census of the prisoners in the winter of 1881 showed in the city prison twenty-nine convicts, and in the county prison six, all non-Mormon. Out of fifty-one in the penitentiary, only five were Mormons, and two of these were there for polygamy, and of 125 in the lock-ups only eleven were Mormons, some for polygamy. Says a Mormon publication in 1878: “Oaths, im- precations, blasphemies, invectives, expletives, blackguardism, were not heard in Utah till after the advent of the anti-Mormon element, nor till then did we have litigation, drunkenness, har- lotry, political and judicial deviltries, gambling and kindred enormities.” Among the Mormons all are equal. From the President down it is the duty of every man to work for a living. This was the Puritan idea, and this Captain Smith enjoined on the Virginia colonists by his edict,“ he that does not work may not eat.” Outside of their religion, therefore, the Mormon Com- munity is a pious and socialistic organization, if by Socialism in practical form is meant a community where each may enjoy the benefit‘ of labor and each labor to live, where the weak are not trampled upon, and the unfortunate in the battle of life are cared for by the community. In all the respects spoken of they resemble a dozen other communities toward which greater toler- ’ ance exists, though not a whit more moral nor less- peculiar. T HE MORMON CREED.—With the exception of polygamy POLYGAMY. 29a the Mormon doctrines closely resemble those of other Chris- tians. They rest their claims for non-interference and protection on the fact that theirs is not only a religion, but a truly Chris- tian religion. Their Church is the “Church of Jesus Christ of Latter-Day Saints.” Its leading articles are: “ We believe in God the Eternal Father, and in his Son Jesus Christ, and in the Holy Ghost. “ We believe that men will be punished for their own sins, and not for Adam’s transgression. “ We believe that through the atonement of Christ all mankind may be saved by obedience to the laws and ordinances of the Gospel. “We believe that these ordinances are: First, Faith in the Lord Jesus Christ; Second, Repentance; Third, Baptism by immersion for the remission of sins; Fourth, Laying on of hands for the gift of the Holy Ghost. “ We believe that a man must be called of God by prophecy, and by laying on of hands by those who are in authority, to preach the gospel and administer the ordinances thereof. “We believe in the same organization that existed in the primitive church, viz., apostles, prophets, pastors, teachers, evangelists, etc. “ We believe in the gift of tongues, prophecy, revelation, visions, healing, inter- pretation of tongues, etc. “ We believe the Bible to be the Word of God, as far as it is tI'uIlSlQtCd correctly; we also believe the Book of Mormon to be the Word of God. “ We believe all that God has revealed, all that He does now reveal, and that He will yet reveal many great and important things pertaining to the kingdom of God. “ We believe in the literal gathering of Israel and in the restoration of the Ten Tribes; that Zion will be built upon this continent; that Christ will reign person- ally upon the earth, and that the earth will be renewed and receive its paradisiac glory. “ We claim the privilege of worshipping Almighty God according to the dictates of our conscience, and allow all men the same privilege, let them worship how, where or what they may. “We believe in being subject to kings, presidents, rulers and magistrates, in obeying, honoring and sustaining the law. _ “We believe in being honest, true, chaste, benevolent, virtuous, and‘ in doing good to all men; indeed, we may say we follow the admonitions of Paul : We be- . lieve all things, we hope for all things; we have endured many things, and hope to be able to endure all things. If there is anything virtuous, lovely, or of good report, or praiseworthy, we seek after these things.” Respecting polygamy the Mormon Confession of Faith merely declares: “ That marriage, whether monogamic or polygamic, is honorable in all, when such marriage is contracted and carried out in accordance with the law of God.” 30a POLYGAMY. The Church admits thefreedom of individual action. There is no compulsion beyond public opinion. Apostacy is not a crime, nor is it attended with proscription. Members pay tithe as among the Hebrews, and afterwards a tenth of their increase for the advancement of God’s work. The tithes are devoted to the relief of the poor and needy, the building of the Temple, and the conversion and transportation of immigrants. The offi- cials are the first presidency, with three members; second, the twelve apostles; third, the councils of seventy; of elders, com- posed of ninety-six members ; of priests, forty-eight ; of teachers, twenty-‘four; of deacons, twelve. The first presidency and the twelve apostles rule the whole Church. The Territory is divided into twenty-two “Stakes of Zion,” each having its council of seventy, of elders, priests, teachers and deacons. All are elected annually. Missionaries are sent to all quarters of the globe. A missionary goes without salary or travelling expenses. If with- out means of his own, he must support himself and work his way in his field during his mission, which covers from one to two years. From 2,000 to 3,000 Mormon immigrants arrive in Utah annually, as the result ‘of missionary solicitation. They come from all the countries of Europe, but latterly largely from Germany and Sweden and Norway. ' The Central Church is the Tabernacle at Salt Lake City, a monument of engineering skill and choice workmanship, 250 feet long by‘ I 50 wide. Near it is the Temple, which has been under process of erection for thirty years, and will take four more for completion. It is of hewn stone, unpretentious in design, and is destined to be a per- manent reminder of what is deemed an imperishable faith. As a church organization Mormonism is closely and adroitly ce- mented. It is calculated to gather and hold with a vigor by no means common, especially in a field so isolated as Utah, or wherever the enthusiasm of religion assumes, as a matter of necessity it may be, to make partnership with the social and business sides of life. It is organization all through, and religion all through, from the least to the highest interest. As a force, it has fervor and coherency. It is questionable whether any other organization could have made the same conquests over POLYGAMY. ~- 31“ rugged and forbidding nature in the same time, or could have maintained so steady a front amid apparently insurmountable obstacles. POL YGAM Y PROPER—This was not an original Mormon practice, though the creed, as we have seen, does not prohibit it. Reverence for the Bible and respect for its exact letter led to its sanction theoretically. Circumstances led to its general adop- tion. The drafting of 500 men from the converts on their way to Utah, thereby leaving the women in a majority, or without legal protectors, may have suggested the propriety of its actual practice. The necessity for a more rapid propagation of the Species than the monogamic marriage afforded, and the desira- bility of patriarchal families in the new Canaan, may have hastened the growth of the practice. Once fully embraced, it is easy to see that it must be defended as a duty, for it concerned the social weal and all domestic happiness and comfort. They therefore pointed to the Old Testament examples. They asked what was meant by the great excess of females in the Eastern States and in all full and ripe communities. They declared it to be a natural remedy for the evils of prostitution, and a cure for marital infidelity. They dropped the term polygamy as offensive, and dignified the estate as one of “plural marriage,” a contract for earth and‘sky, time and eternity. They threw around this plural and celestial marriage all the solemnity of monogamic ceremony, and lest its practice should become un- worthy or dangerous, they limited the privilege of undertaking it to the virtuous, honest and upright, whom the bishop and the president of the stake should certify as worthy. They gave it a paradisiac glamor like the Mohammedans, and as one well-edu- cated Mormon was heard to say, “ You cannot take your money, your railway or mining stocks into the next world with you; but our marriage is not only for life but for eternity, and we shall have our wives and our children with us, and so make a good start in the world to come.” If the vows of plural marriage are as sacredly taken as those of monogamic marriage, and as sacredly observed, both of which Mormons declare them to be, there is a possibility that, in their 320 ‘ POLYGAMY. hands and under their practices, it is less objectionable than the polygamous estate of the ancient jews or that of modern Mo- hammedanism. It is certainly true that they regard adultery, fornication and bigamy as among the abominable evils, and visit on any member known to be guilty of them the penalty of ex- communication; that is, he is cut off from the communion of the saints and all fellowship in the Church. President Taylor boldly asserts “that there is not to-day a more virtuous com— munity in the world, or one where female chastity is more highly regarded or more vigorously protected.” Mormons take great pains to controvert the popular notion that the plural or polygamous marriage is illegal. They say the Constitution does not touch the subject, but leaves all matters relating to marriage to the people of the States. They do not admit the right of Congress to regulate these matters in the Territories, but claim that they are of purely local concernment, and of right belong to the Territorial Legislative Assemblies; and in this connection they point to the organic act of Utah, “ That the legislative power of said Territory shall extend to all rightful subjects of legislation consistent with the Constitution of the United States and the provisions of this act.” Resting on this they further claim that Congress, acting according to the genius of our institutions, cannot interfere with matters in the . Territories, which in the States are left to the States, and that it should not pass a law for a Territory which a State Legislature cannot pass for its State. When Congress vindicates itself for attempting to regulate social affairs in the Territories by point- ing to British interference in India for the suppression of the suttee (widow burning), the Mormons answer that such inter- ference was justified because the suttee brought about destruc~ tion of life. But they say polygamy means the propagation and perpetuation of the human species under the same solemn forms as monogamy, and they turn the argument on their opponents by showing that Great Britain not only tolerates, but has legis- lated to protect in her Indian institutions, upwards of 240,000,000 polygamous subjects. Mormons are equally sensitive about the error of confounding ‘- POLYGAMY. 33a bigamy with plural marriage. -_-;They, in common with all per- sons, look upon bigamy as a grievous crime, whose essence is fraud of the very worst type—first vows broken, first wife de- serted, second vows falsified, second wife betrayed, officiating officers deceived. In plural marriage there is no such flagrant deception. All the parties know it to be a doctrine of the Church, and all accept the obligations with that understanding. Fi'rst, second, third and all subsequent wives, together with all interested in the arrangement, are acquainted with previous and existing facts, have a full conception of the nature of the estate, and supposably believe in its religious rectitude, its social and domestic advantages, its inducements in this and the next world. The obligations of the man extend to all his wives alike, and to all his children. He is expected to meet them all. That he does do so may not be fully proved by the absence of waifs and strays in a strictly Mormon community, nor any more by absence of a stream of children gravitating unerringly toward the poor house—Mormons have no such institution—but wherein he fails, the Church or system comes to his relief with its en- dowed charities, administered through bishops and various soci- eties. The legal status of husband and wife under the plural mar- riage is thus set forth by Geo. Cannon, formerly Delegate to Congress from Utah: “There is an impression among the unin- formed that the man who enters into patriarchal marriage in Utah has but little, if any, responsibility connected with it; that upon his partners rest all the burdens and unpleasant features of the relationship; that they, in becoming his wives, become the creatures of his will, and that, therefore, their civil rights are interfered with. This view. is wholly incorrect. It is the women, under the system of patriarchal marriage, who have liberty and not the men. When once marriage has taken place between the parties, be the woman ever so poor or friendless, ever so much an unprotected stranger in ‘the land, the man who knows her takes upon him a life-long obligation to care for her and the fruit of the union. For a man toseek for a divorce is almost unheard of: the liberty upon this point rests with the 86 34a POLYGAMY. woman; and as regards a separation, if" her position should become irksome, or distasteful to her even, and she should de- sire a separation, not only is the man bound to respect the ex- pressal of her wish to that effect, but‘ he is bound also to give her and her offspring a proportionate share of his whole property. They are no longer under his yoke; but while he and they live, they have a claim upon him from which he is never completely absolved.” Again, Mormons are touched with the charge, inherent in much of the Congressional action respecting them, to the effect that they are not competent to manage the local affairs of their Territory in a proper way. They claim that they are honorable, peaceful, industrious, intelligent and religious citizens of the United States, and as such entitled to the rights and privileges accorded to the same class of citizens elsewhere. They repudiate all thought of hostility to our institutions, or of an attempt to establish a hierarchy unrepublican in spirit and inimical to. the central government. They point with much pride to the charac- ter of their Territorial legislation and invite a comparison of it with that of other Territories, or even States. And when such legislation is impartially examined much will be found in it that is commendable. There is no Territorial debt, and the tax rates are low. In 1882 Utah petitioned Congress for admission into the Union as a State. The Constitution, agreed upon in a nine days’ Convention of seventy-two delegates, was liberal on all political, social and religious questions, and might safely be taken as a model by any of the Territories. It provided that the right to worship God according to the dictates of conscience should never be infringed; that no interference with liberty of con- science should be permitted; that no religious test or prop- erty qualification should be required for any office of public trust, or vote at any election, and that no person should be in- competent to testify on account of religious belief; that every citizen of the age of twenty-one should be entitled to vote at State elections; that women were citizens and might not only vote‘ but hold elective offices, being disqualified only as judges, jurors and members of the executive department. Liberal as POLYGAMY. 35,, all this was, Congress refused the application, though the vote of the Territory on the Constitution was well-nigh unanimous, being 27,814 for, to 498 against. What has thus far been said of the peculiar institution of Mormonism and of that blot upon it known as polygamy, will, it is hoped, serve to give the reader an idea of it when viewed in its most favorable light. The data used has been drawn largely from Mormon sources, or from writers adjudged to be without prejudices and impartial. The object in thus presenting it is to avoid the charge often made by Mormons, and too often with truth, that there is a disposition abroad among anti-Mormons to .misrepresent them. There is nothing gained by this. No so-' lution of the Serious problem of polygamy can prove satisfactory that proceeds on false information or false premise. Nor can the government do justice to itself or to that overwhelming monogamic and Christian sentiment of the country, if in dealing with what is deemed the odious or criminal side of a religious institution it indiscriminately and cruelly crushes all its possi- bilities of doing good. _ C ON GRESSZONAL LEGTSLA T [ON—The first anti-Po— lygamy law was passed in 1862. It simply disfranchised those who had contracted=plural or bigamous marriages. It was of no practical use. Only a small per cent. of Mormons were, and are, in the polygamic estate. The next important measure was the “ Poland Polygamy Bill,” which passed the Forty-third Congress, First Session, 1874. It created a District Court for the Territory, and in addition to the disqualifications of the ‘former acts, excluded polygamous persons from the jury box when bigamy cases were being tried. Like all other acts thus far it failed to have any perceptible good effect. Meanwhile public sentiment became more urgent. Polygamy was de— nounced in many of the political platforms. In 1882 the cele- brated Edmunds Act was passed. It was by far the most radical step the Government had yet taken. It defined polygamy and provided for its punishment. It laid down a code of criminal procedure applicable to the trial of polygamous cases. It took away the elective franchise from polygamists, male and female. 36a POLYGAMY. It provided a commission of five persons, appointive by the President and Senate, to enforce the provisions of the act. It was thought to be a well-digested and effective act. In its practical application it has fallen as short as the others, though it has served better than all others to show the country the intricacies and true inwardness of the Mormon problem. Its constitutionality is now being'contested before the Supreme Court. The Commission under it succeeded in disfranchising some 16,000 polygamic electors, male and female, but the monogamic Mormons still constitute an overwhelming majority of the voters, and control Utah public sentiment as much as ever. . Other bills have been conceived, and are now pending, look- ing to a still more heroic treatment of the situation. But many of our best statesmen despair of this species of legislative remedy. It is not, thus far, apparent that the true seat of the cancer has been reached. Mormonism is not seemingly dis- couraged. On the contrary it is, if anything, more ingenious and defiant than ever. It is, in all probability, not unlike other religions, and especially those of a fanatical type, which court rather than dread persecution, and thrive rather than die under it. Taking the views of President Arthur.as a criterion, some more direct and far-reaching remedy must be devised. All previous surgery has been too tame—nothing more than coquetry with a grave situation. He said in his last message, December, 1883, “I am convinced that polygamy has become so strongly entrenched in the Territory of Utah that it is profit- less to attack it with any but the stoutest weapons which Consti- tutional legislation can fashion. I favor therefore the repeal of the act upon which the present government of the Territory depends, the assumption by the National Legislature of the entire political control of the Territory, and the establishment of a commission with such powers and duties as shall be delegated to it by law.” SENTIMENYi—It is likely that this conviction and these recommendations of the President are the beginning of a new erder of thought and action respecting polygamy. They cer- POLYGAMY. ‘ 37a tainly reflect the ideas of a large and respectable class, who are thoroughly tired of piecemeal attack upon an institution which they regard as opposed to the spirit of the age and dangerous to morality and religion. The merit of the plan would consist in its attempt to undermine the genius of the institution. This was partly the merit of the Edmunds law, whose central thought was to prefer Mormon monogamists, in matters of office and administration, to Mormon polygamists, Well knowing that a majority were monogamists. But this preference for mono- gamists did not disparage polygamists at all. On the contrary they were prouder of the fact that they “lived their religion” amid disqualification. Moreover the discrimination had a horrible color, for one must ever fail to see how a monogamic Mormon who upholds, defends and supports an institution that outrages virtue and the law is any better, or as good, as the man who, professing a belief, is consistent enough to practice it. ' As against this heroic method of treatment Mormonism urges ( 1) That it would be the destruction of republican liberty in Utah. (2) That the destruction of the local Territorial government would not affect the institution of polygamy, which even now is not recognized by Territorial laws, nor yet by the civil law, but which exists ecclesiastically, perpetually and eternally, as part of a faith, and with the sanction of the Almighty who established it for the benefit of his people and the fulness of his glory. (3) That the, government cannot so interfere with the local affairs of a Territory. The first two objections are argumentative, the last legal. And as to the last the Constitution says, “Congress shall have power to dispose of and make all needful rules and regulations respecting the Territory or other property belonging to the United States.” The Supreme Court has said, 1 Peters, 511: “In legislating for them (Territories) Congress exercises the combined powers of the general and of a State government.” Again, 11 Otto, 129: “The Territories are but political sub~ divisions of the outlying dominion of the United States. Their relation to the general government is much the same as that 38a POLYGAMY. which counties bear to the respective States, and Congress may legislate for them as a State does for its municipal organizations. The organic law of a Territory takes the place of a Constitution as the fundamental law of local government.” And again, 18 Watt, 317: “ The government of the Territories of the United States belongs primarily to Congress, and secondarily to such agencies as Congress may establish for the purpose. During the term of their pupilage as Territories, they are mere depend— encies of the United States. ~Their people do not constitute a sovereign power. All political authority exercised therein is derived from the general government. Strictly speaking there is no sovereignty in a Territory but that of the United States itself. ‘ Crimes committed therein are committed against the government and dignity of the United States.” It would appear therefore that the power of the general gov- ernment to deal with polygamy or any other question in the Territories is ample. It is only its methods that have been faulty. The method proposed by the President seems like a last resort; or, at least, one which involves the experience derived from the failure of all former methods. Some minds ' favor the application of direct force. This would be brutal in the extreme, and unworthy the age. Mormons are numerous, and fixed. They are not hostile, except as their institution on its polygamic side is not in keeping with the spirit of the time and law of the realm. The century cannot afford to repeat, in enlightened America, either the banishment of the Moors from Spain, or the massacre of the Huguenots in France. Another set of minds, among which is Mr. Beecher’s, favor letting the Mord mons alone, and sending teachers and preachers to establish schools and churches in their midst. They argue that if it is possible to convert the people of Asia and Africa, it is surely possible to help Utah by gospel influences. These forget the ‘fact that Utah is already in possession of as good schools as there are in the country, and that there already exist there Episcopal, Catholic, Baptist, Congregational, Presbyterian, and possibly other churches; but that the latter are dwarfed by the dominant faith, and converts are less frequent from than to POLYGAMY. 39a Mormonism ; and that the former are prosperous only as they suit the genius of the people who support them. Joaquin Miller, who‘ has given much study to the problem, is of the opinion that education will finally eradicate both polygamy and Mormonism, but that the Federal government must take the system of schools into its own hands, and must at the expense of much time and money make it the most enlightened spot in the country. Then and then only will the institution wane and perish. Mr. Barclay, a member of the English Parliament, who made a visit to Utah recently, for the purpose of investigating Mormon institutions, thinks it is quite unnecessary to get angry over polygamy, or to take any doubtful constitutional measures for its suppression. He regards its establishment as due to excep- tional circumstances, which have long since passed away, and whose results will be gradually overcome by the contact of Utah with the outer world. He further says, that woman's nature is not different there from what it is in other parts of the world, and that with the ballot in her hands, she will speedily settle the ' question of polygamy, in which she is more largely concerned than the opposite Sex, if it should appear to her that it deprives her sex of any of its rights, and especially the exclusive right to a husband. The (1884) Governor of Utah, E. H. Murray, regards the entire government of Utah, organized under the act of 1850, which Created the Territory, as an unlawful government, because it is not republican in spirit, but a mixed religious and political institution, designed to perpetuate a hierarchy. He charges that the Mormons have ingeniously used the republican forms of government given them under the organic act, and the political rights therein assured, for the purpose of building and perpetuat- ing their objectionable faith and protecting their obnoxious prac- tices, and that in this respect they themselves are violators of the Constitution and the laws of Congress, none of which sanc- tion special religions, or can be turned directly to their account. If this view be correct, and he supports it with much convincing argument, ‘it is easy to perceive why all efforts to uproot Mor— 40a POLYGAMY. monism or banish polygamy by penal or prohibitory legislation have failed, and why they must prove abortive in the future. They do not touch the genius of the institution, are ‘not down to its tap-roots. Moreover, if the whole political organization of the Territory is thus infected with the religion, exists only to perpetuate it and its practices, is unrepublican in spirit and fact, and therefore inimical to our institutions, not actively but se- cretly, it is difficult to conceive of a remedy short of the heroic one proposed by the President, unless, forsooth, we cease entirely to make polygamy and the peculiar religion which supports it a prominent question, and give it over for solution to the agency of time and circumstance. A concluding thought is, that the charge made by the Mor- mons that all this Congressional interference springs from an unholy desire to get the Territorial offices and patronage for Federal appointees, as well as the combined Gentile and Mormon charge that the failure of remedial legislation is due to unworthy and inefficient agents appointed to carry it into effect, would be met by a withdrawal of the entire system of Territorial govern- ment, and the substitution of a new one to be framed and carried on under the auspices of an intelligent and impartial Commission until such time as the people themselves could give a guarantee that it would be conducted in a republican spirit and according to the statutes prohibiting polygamy and every class of crime. The amended Anti-Polygamy bill which passed the Senate during the first session of the Forty-ninth Congress (1886), and the House during the second session (1887), gave polygamy the severest blow ever administered by the Government. It made suffrage and many more essentials of citizenship depend on aban- donment of the institution by its adherents. Though the en- forcement of this law results in many cases of confirmed hard- ship, it bids fair to meet the designs of its framers in the respect that it draws the lines closely between the so-called ecclesiastical polity of the Mormons and their political sovereignty and makes all their valuable qualities of citizenship depend on the latter. Already its enforcement has brought about a spirit of , compro- mise on the part of polygamous leaders, and it has (1888) been POLYGAMY. 41a given out by a prominent official in the Mormon Church that it is deemed a wiser policy to renounce temporarily their offensive dogmas and practices in order the better to seek admission into the Union as a State. After this desirable privilege has been conferred they then claim the right as a sovereign State to regu- late their religious affairs in their own way. While this would be a shrewd way to avoid that control over Territories which the Federal Government has always exercised, it would only end in discomfiture, for surely the clause in the national Constitution prohibiting an established religion must, on the principle that the greater includes the less, prevent a State from setting up a distinctive church. The question of polygamy has a further peculiarity. Its ad- herents are not slow to make political promises and hold out political inducements. This they can do with much plausibility because their population and wealth are equal to the demands of vigorous statehood, but especially because they can play their promises off against the political conditions existing in other Territories anxious for admission. Thus if the admission of any other Territory as a State would be likely to enure to the political advantage of a political party, Utah claims that it would be easy for her to make such terms with the opposing party as would offset that advantage and prove highly beneficial to her- self. That such a thing could be is a sad commentary on modern politics; yet the situation is not unlike that of the olden time, when almost the sole condition for the admission of a State carved out of territory dedicated to freedom was the simultaneous admission of one within-whose area slavery could flourish. PROHIBITION. ' : HAT IT IS.—Temperance in general is as old as morals. ' ' As restricted to intoxicating liquors, it has ever been a profound sentiment among wise and good men, which has found oft and eloquent expression. It runs through every grave philosophy, and is a part of every promi— nent religion. The sacred books of the Hindoo urge total abstinence from intoxicants. One of the Buddhist commandments reads: “ Thou shalt not drink any intoxicating liquors.” The Koran forbids the use of wines and liquors, and Mohammedans carry practical temperance further than any other people. Christianity incul- cates temperance, but in no dogmatic form, and quite too gen- erally to escape entirely the charge that Christian peoples are not essentially temperate. ' No truth is better established nor more universally accepted than that intemperance is an evil. There can be no successful denial of the fact that it injures mind and body, depraves the moral nature, conduces to crime. It is the pronounced enemy of the home establishment, introducing neglect, discord, estrange- ment, bankruptcy and want. It is equally the foe of society and the political state, degrading the one and brutalizing and endan- gering the other. Its evil extent is shown in the formidable figures of pauperism in this and other countries, four-fifths of which are credited directly , to strong drink. It is similarly shown in the statistics of crime, a like proportion of which is attributed to drunkenness. While these figures are startling, they convey but a slim impression of the pernicious results of intemperance. Leaving out the annual expenditure for drink, which can only be measured by hundreds _ 42a PROHIBITION. 43a of millions of dollars in this country alone, and which in its most ' favorable light is sheer waste, if not worse; there are deeper seated, and therefore incomputable, results which men and women only witness inside of their homes and in the Social circle, and which are secretly mourned as something worse than death itself. of the victim, as something over which he had, or ought to have, control, and for which he alone was individually responsible, it was treated as a question of pure morals. Society, relying on the aid of the church and on such other agencies as were at command for convincing men of their error, and establishing in them a control of their passions, rested her case on the argu— ment of moral suasion. The argument took many forms, was always earnestly pressed, and led to much practical good. It certainly elevated the plane of temperance sentiment, fortified individuals and communities against drink temptation, and threw into stronger contrast the viciousness of intemperance and the virtue of abstinence. To this end it is still effectually used. But there sprung up the advanced thought, possibly from the seeds of long experience, that the victim of intemperance was not the only party responsible for the vice, and that his reforma~ tion, however gratifying personally or socially, was not reaching So long as intemperance was regarded as simply a misfortune _ a cause which operated beyond him, and was dragging others _ down. In the new light thrown on the situation, it appeared that if temperance agencies were only to be used for the reforma- tion of the drunkard, they must have never-ending and'hopeless employment, for the victim, being weakened in his moral sense, is to a'certain extent beyond reach of those agencies; or looking on him from a Scientific standpoint, he has contracted a disease (dipsomania), and is a fitter subject for a doctor than a moral reformer. It further appeared that however high, wide, and pure the sentiment against, drinking might be built by those agencies, it was being continually undermined by perpetual in- ducement to drink provided by the constant manufacture and general sale of liquors. - Therefore, under the new thought, temperance got to mean O 44a PROHIBITION. vastly more than oratory, pleading and pledges. It left its prayerful, expostulating, persuasive abode in the domain of re- sults, and, passing over, took a high, inquiring, critical, threaten- ing seat in the midst of causes. It grouped the victim, vendor and manufacturer of liquors in a common category, and chose to see in them all combined the very power for evil it sought to smite. This power it would hold responsible as anentirety. But this was no longer old-fashioned, simple temperance. It was “prohibition,” and by this name it came to be known. Pro- hibition does not exclude temperance means and arguments. It still persuades and instructs, but in addition it invokes political aid, seeks to secure prohibitive laws through triumphant party agency. It is political temperance. Its direct advocates do not as yet embrace all temperance peo- ple, for prohibition was a virtual breaking of new ground. In a certain sense it was a bold, forward step in the face of many pre- judices, and squarely in front of a host of novel and difiicult questions. It was a confession of lack of faith in the absolute efficacy of time-honored and purely moral cures for a great evil. It very naturally startled temperance advocates when it asked them to shake off ancient party affiliations, renounce political creeds, and join an organization whose cardinal tenet may have had the charm of novelty, but whose practicability remained to be proved. It sought political coherency for thoughts which former genera- tions had declined to associate with the ballot. It invoked ~the power of direct law against a manufacture which had all along been considered legitimate, and against an occupation which had a ranked as an industry. It defied the odium of sumptuary enact- ments and interference with personal liberty, and claimed all legislative measures as justifiable which society needed and de- manded for its purification and preservation. It provoked con- stitutional objections and met them by the heroic remedy of con- stitutional amendments, in the name of peace, prosperity and morality. It ceased to regard the liquor problem, from the'still to the almshouse or drunkard’s grave, as one to be treated on the basis of an evil simply, but charged it up as a crime to be prevented, abated, or punished by vigorous statutes. PROHIBITION. 45a Prohibition had thus much to contend with. But it began hopefully and worked energetically. Its voice in the beginning was smaller than that first heard against involuntary servitude. It lost ten years by the civil war and its after questions. It may have lost more time than this by early attempts to carry too many reforms at once. It has latterly unloaded its side issues, and taken a more central aim. Prohibition, to-day, is an un- qualified theme. Is there in it or about it that which so commends it to the judgment of men as to incline them to make it the basis of a great party? If all issues were dropped except that of prohibi- tion, could it triumph on its political merits? Can it ever so engage the popular mind as to overshadow all other party ques- tions i’ If triumphant, could it permanently engraft prohibition on our political system? Is it more to be relied on for effective temperance reform than the usual non-political agencies P These questions must be asked, and prohibition must answer. Upon the answer hangs its future success. It ought to be encouraged by the growing frequency of the questions, and further by the fact that, whether they are asked or answered, there is deep down in the bosom of the masses a sentiment not by any means averse to a fair test of the prohibitive idea. There is no telling at what moment this sentiment may respond to some timely and masterly touch, or break forth in answer to some clarion call. The recent (1883) movement in Ohio was in the nature of a revelation. Till then it seemed impossible to keep prohibition in sight while the two leading parties were angrily wrestling for mastery. It not only appeared everywhere in the midst of the din, but. gathered cohorts of every political shade, and doubtless won at the polls. HISTORIC GRO WTH--All the States tacitly regarded the sale of liquors as something outside of the usual line of occupa- tions. They therefore assumed to regulate the business, that is, keep it in trustworthy hands, for the safety of the citizen and society, by granting licenses to approved vendors. This check was for a long time regarded as sufficient, or, at least, as much of an interference on the part of the State as the matter seemed to call for. 46a PROHIBITION. The benefits of a license system were largely lost by failure to confer the privilege on responsiblepersons. It is no longer re- garded as an adequate check, or as a ‘source of safety to indi- vidual or society. Latterly it has come to be viewed by pro- hibitionists as an unwarranted legalization of a criminal traffic by the very power whose duty it is to prevent crime. The license system and the usual temperance and church agencies were the restraints on intemperance, till say within fifty years. In 182 3 Henry-Ware in an address before’ the Massachusetts Society for the Suppression of Intemperance took the ground that no power can suppress the evil of intemperance short of the “ Legislature of the nation.” This is just where the more ad- vanced prohibitionists stand to-day. They regard State prohibi- tion as well enough in its way, but ineffective for lack of concur- rence among the States, and still so if the general government all the while permits manufacture, importation and transit of liquors. Other prominent temperance men, divines and associations reflected the above sentiment for many years. In 1837 the first effort was made to suppress the license laws of a State, in the Maine Legislature. They were denounced as “ the support and life of the traffic,” and a committee reported in favor of “the entire prohibition of all sale of liquors, except for medicine and the arts.” The next year (1838) Massachusetts prohibited the sale of liquors in quantities less than fifteen gallons. In the same year a move was made in the legislatures of New York and Tennessee to abolish license. Connecticut did'repeal her license laws and threw stronger guards around the trafflc. LOCAL OPT [ON—This agitation of the question set legis- lators to thinking. They were not sure of ground much beyond the old license system. Constituencies were divided. Some were pronouncedly in favor of change, others not. Out of re- spect for the popular voice, and in order to shove the responsi- bility on the voter, the idea of Local Option got to be largely entertained. From 1840 to 1850 may be called the Local Option era of temperance. During that period quite a number of the States enacted that the people of any township, district or county PROHIBITION. 47,, might vote on the question of license or no license, and their decision should be the law till similarly revoked. ‘ This experiment was necessarily brief, though highly useful in an educational sense. It taught the folly of relying on laws passed for localities and with no machinery to enforce them ex- cept that of the State, which was just as likely to be indifferent or hostile as favorable. It taught, further, the futility of an ex— periment liable to be interfered with at each annual election, for local option was simply a convenience, hardly a substantial moral force backed by pronounced and enduring sentiment. Moreover, the localities to which it applied were small and their efforts were likely to be neutralized by the opposite action of surrounding townships and counties. DIRECT LA VIZ—In 1846 Maine enacted a law prohibiting traffic in intoxicants under penalties. It failed because the pen- alties were only fines, which were paid by vendors who con- tinued their business. In 1851 General Neal Dow proposed the “ Maine Law.” It was passed, and imposed the penalty of fine and imprisonment on vendors, as well as authorized the seizure and destruction of liquors illegally held for Sale. It was re- pealed in 1856 and license substituted, but was re-enacted in 1' 8 58 with severer clauses. Its re-enactment was ratified by the people by over 20,000 majority. It was thus clinched by what all previous temperance laws lacked, viz., a pronounced popular sentiment. It has stood, in substance, ever since, Subject of course to much criticism and to many violations, but by no means a disproof of the wisdom of political regulation of the traffic. . Delaware followed Maine with a prohibitory law, in 1847, which was declared unconstitutional, but was re-enacted in 1855. Rhode Island passed a prohibitory law, in 18 52, which was un- constitutional. It was amended in 185 3 and'stood till 1865, when it gave way to local option. This was supplanted by prohibition in 1874, which only lasted one year. i The Vermont prohibitory law of 18 52 still stands, though re- peatedly amended and elaborated till it is by all odds the most formidable code on the statute books of the State. 48a PROHIBITION. Massachusetts moved for prohibition in 1852, but her law did not stand judicial test. A new law was passed in 1855, which gave way to a license system in 1868, but was restored in 1869 in a milder form. This stood, with various modifications, till 1875, when prohibition was overthrown by a license system. In Connecticut the prohibitory statute of 1854 was repealed in 1872. The New York law of 1855 was declared unconstitu- tional in 1856 and fell. The modified prohibition laws of New Hampshire, passed in 185 5, remain. In 1859 Michigan intro- duced prohibition into her State Constitution, or rather an anti~ license clause. She had previously (18 5 3) ratified a prohibitory law, whose submission was declared unconstitutional by a di- vided bench. This law was re-enacted in 1855, and since then has been a constant source of worriment to' political parties. It was finally repealed in 187 5, and a tax law substituted. Indiana passed a prohibitory law in 185 3, which was ratified by the people, but pronounced unconstitutional. It was re- affirmed in 1855, but again fell under judicial displeasure. The Iowa law of 18 5 5 was an anti-license measure. Prohibition has recently received fresh impetus in the State in the shape of a proposed Constitutional amendment and severer enactments against indiscriminate traffic in liquors, and the same may be said of Wisconsin. In Illinois the prohibitory law of 1855 failed of approval by the people. Political temperance was active in nearly all the States up till the breaking out of the civil war. The sketch above given shows where and, to some extent, how it culminated in what-may be called prohibition States. It will be observed that in all, or nearly all, of them it was forced to undergo judicial test, and that in many it failed. It will be ob- served further that in other States it was an exceedingly fluctuat- ing force, really barren of practical results. Only in Maine and Vermont has it been steady, and judgment respecting it ought to rest on a study of its work in these two States rather than on its ephemeral career or signal failure in others. Prohibitive zeal may have outstripped discretion in some instances and thus drawn judicial disfavor. In other cases it could scarcely hope to contend successfully or for any long time with organized party forces. PROHIBITION. 49a There was now a break in the history of prohibition. War Suspended its aggressive motion at a time when very few of the States were averse to fair experiment with it, when, it may be safely assumed, there was a strong current of sentiment against the old license or regulation system, and when the popular mind was in the midst of intelligent inquiry into all temperance pro- posals. The thread of its history was taken up again in 1865, and in a new shapé. Political temperance till this time required the use of parties as they were found to exist. It forced situations so that one or another of the political organizations came to its rescue and helped it to what it demanded. Therefore a larger issue, like the war, or any overshadowing measure in a cam- paign, drove it into the background. "Besides, parties did not take to it as a matter of conviction but of policy. They played fast and loose with it, used it as a means of discomfiting enemies and scoring successes. It therefore appeared useless to depend further on agencies so fickle and insincere. Moreover, these were only State or local efforts. The success of any one did not assure general amelioration of the drinking evil. It must be at- tacked nationally if its very roots were to be cut. Again, it must be confronted with a party which could be relied upon—a party of its own. As impelling to'this end the open opponents of prohibition _ had organized for their protection both in State and National As- sociations. The Beer Brewers’ Association was formed in 1862. It mentioned among the dangers which threatened their interests: “The progress of the prohibition cause, through whose agency th-irteen States had enacted the ‘ Maine Law,’ and more than a million voters had been pledged to its support.” This was re- garded as carrying “ temperance into politics ” by the very ele- ments which had all along deprecated such an aim. It was therefore accepted as a challenge. All along temperance had been using the agency of various societies, chief among which was the Good ‘Templars. In 1868 the Grand Lodge of this body moved for “ the organization of a national Igqlitical party whose principle should be prohibition of 50a PROHIBITION. the manufacture, importation and sale of intoxicating liquors to be used as a beverage.” This was very nearly reflected by the‘ Sixth National Temperance Convention, at Cleveland, July 29, 1868. The next year, during a session of the Grand Lodge of Good Templars, at Oswego, N. Y., a meeting of those favorable to independent political action was held which resulted in a call for a convention to organize a “ National Prohibition Party.” This convention met in Chicago, Sept. 1, 1869, with five hun- dred delegates present from twenty different States. ' There was but little opposition to the thought that both, or all, the existing political parties could not be depended upon to foster prohib- ition; that the only way to further care for it was to intrust it to a new and distinct party, and that the time was ripe for the for— mation of such party. Said the Chairman, Hon. James Black: “I see no party that is taking up this warfare, hence I am in Chicago to-day to help form this party of liberty and civilizaj- tion.” The resolutions adopted the name of the “ National Pro- hibition Party,” and declared “that inasmuch as existing political parties either oppose or ignore this great and paramount ques- tion . . . . . we are driven by an imperative sense of duty to sever our connection with them and organize ourselves into a National Prohibition Party, having for its primary object the entire suppression of the traffic in intoxicating drinks.” Hon. Gerritt Smith, in his “ address to the people of the United States,” authorized by the convention, classed drunkenness with slavery, and argued that inasmuch as it was the province of government to protect person and property, it was therefore its duty to suppress the dram-shop. He regarded the time as propitious for the new party, because political lines had been relaxed, and no other prominent measure was pending. The future of the new party was intrusted to a National Com~ mittee, who issued a call for its “ First National Nominating Convention,” to be held at Columbus, Ohio, Feb. 22, 1872. This body went through all the forms of a regular political con- vention. It nominated Hon. James Black, Pa., for President, and Rev. John Russell, Mich., for Vice-President, and published a platform of principles, announcing as cardinal doctrines the O . PROHIBITION. 51a moral and political wrongfulness of the liquor trafiic ; the ineffi~ ‘cacy of a license system, and reliance on State and National prohibition. It took high ground on other questions, among which was the election of President, Vice-President and Sen- ators by direct vote of the people, and female suffrage. This ticket received 5,608 votes at the polls. The number received, or rather returned, must not be regarded as a measure of the prohibition sentiment of the country, but rather as expressive of the hopelessness of a first trial amid supreme odds. A second nominating convention of the “ Prohibition Reform Party ”—-observe the name is changed—was called for May 17, 1876, at Cleveland. It nominated Hon. Green Clay Smith,-Ky., as the party candidate for President, and Hon. G. T. Stewart, Ohio, for Vice-President. The platform affirmed that of 1872, and demanded that the government should enforce prohibition in the District of Columbia and the Territories. The ticket re- ceived 9,522 votes in the Presidential contest. The third nominating convention of the party was held at Cleveland, June 17, 1880, which placed Hon. Neal Dow, Me., in nomination for the Presidency, and Rev. H. A. Thompson, Ohio, for the Vice-Presidency. This ticket received 10,305 votes. It is the purpose of the party to pursue its political work, and to this end it has national candidates in the field this year, as well as candidates in many of the States. As auxiliary to its political work there has been formed a National, Prohibition Alliance, whose object is to educate the people to the use of the ballot as a means of securing prohibitory legislation. Whatever may be said of prohibition in its strictly political sense, one cannot help admiring the energy and pluck of its advocates. They are men of more than ordinary intelligence, and have the courage of deep and abiding convictions. They may have been indiscreet in the political manipulation of their cause in the States, at certain junctures, and at other times may have lost more than they gained by the intolerance which is inseparable from burning zeal, but in general they have learned and advanced as other great organizations and movements have done. Progress up toward prohibition has been, on the whole, steady and by strictly logical 52a PROHIBITION. steps. The first National convention in the country (1833) rested on the immorality of the sale and use of intoxicants. The‘ second one (1836) declared for a total abstinence pledge as a corrective. The third (I841) attacked license and regulation. The fourth (1851) declared for prohibition on the basis of the “ Maine Law.” The fifth (18 5 5) repeated the work of the fourth. The sixth (1868) called for the ballot as the only effective pro- hibition weapon. The seventh (I869) culminated in a National Prohibition Party. This party must itself make great progress along intelligent and assuring paths before it can hope to so dominate sentiment as to secure a‘ favorable expression of popular will through the medium of the ballot. It must not only pass through many a Red Sea of trouble, but make many long and tedious marches and countermarches in the deserts of opinion ‘and controversy. FOR AND AGAINST—Mention of controversy suggests that this may be very properly called the controversial era _of prohibition. The more it makes itself conspicuous in a political sense the more criticism and antagonism it invites. As it pushes itself into national, State and local campaigns it assumes the responsibility of discussion. Being on the aggressive, it cannot shirk the burden of proof. Happily for all interested, these con- troversies can be carried on more intelligently and satisfactorily than formerly, for prohibitive experiments in the States have been sufficiently numerous to afford valuable data for illustra- tion and argument. It is pleasing to note a gradual dropping of the dogmatictone on the part of many really able prohibi- " tionists on the one hand, and on the other a gradual departure from the aerial sensationalism which marked an emotion but mocked an argument. As its men, in their new departure, get knocked about in the arena of politics, either as candidates or as campaign orators, they learn the proprieties of intellectual com- bat and lose the spirit which would force a dogma in fresh, un~ digested and irreceivable shape on the popular mind. “’Tis right, therefore take it,” is not the modern prohibition dose; but rather, “ Come, let us reason together; my cause hath merit, of which I may be able to persuade you.” PROHIBITION. - 53,, As stated in the beginning of ‘this article, not all temperance people are agreed as to the practicability of prohibition. A large and vigorous temperance school still relies on agencies which are classed as rhoral and regards them as the only effective ones. Its members draw a distinction between vices and crimes. They do not see in the liquor traffic a harm done with malice prepense. Therefore they do not see a crime which law can assume to punish. They see only a ‘wire, which is the subject of moral correctives. They say that no law can make a crime of a vice, or if so, that such law must fail of its object, just as the fugitive slave law and the Spanish laws against Protestantism did. They argue that if one vice is punished by law all may be, and in that event the last man would have to reach out through the cell door and lock himself in, for we are all guilty of vices. To this the prohibitionists answer, if the law which makes a vice a crime is backed by intelligent sentiment, a crime it must be. We propose to make such a sentiment. We refuse to regard liquor as other than the dynamite of modern civilization, all promis- cuousor illegitimate dealing in which is criminal and worthy of punitive suppression. The same school refuses to accept the workings of prohibition as conclusive. For instance, Dr. Dio Lewis, the originator of 'the “ Woman’s Crusade ” movement, says that the “ Maine Law” has only suppressed the rum traffic in the State on the surface, and that the official report of the State Prison Inspectors, for the year of his visit, showed 17,808 arrests for street drunkenness out of a population of less than 700,000. He continues: “From that hour I had no difficulty in believing all that had been said about the cunning tricks of the business men in Maine; about the private drinking-clubs—eighty-six in Portland—many of them in large rooms over stores, each member‘ of the club carrying a pretty key, showing it with pride, and chuckling over the helpless- ness of the constable who might come to the door which that key unlocked. I have had no difficulty in believing that this has great fascination for young men, and in believing the state- ment made to_ me in Maine by one of her most eminent citizens, a warm prohibitionist, to the effect that prohibition, like other 54a PROHIBITION. good things, had its drawbacks, the worst of which was that a great number of the better class of young men, who would never drink in an open saloon, had become victims of the drink- _ ing-clubs.” This is met by Neal Dow and prohibitionists of his advanced school by square denial. Others who concede its truth, in great part, claim that they seek an absolute remedy in National pro- hibition first and then in State prohibition, or in general State prohibition. Their thought is suppression of the trafflc all along the line. Local suppression in the midst of hostile surroundings must always partially fail. Such partial failure, however, does not shake the principle involved nor operate as a discourage- ment. The popular antagonism to prohibition is based on its inter- ference with personal liberty. This is always plausible. And in so far as the measure of liberty for the individual is every- where the measure of liberty in society it is not easy to meet. The prohibitionists say, “We rejoice in the utmost liberty, if people will only do right.” This is excellent in the abstract, but practically their standard of right is the one which must be subscribed to. Their position is therefore not unlike that of the Puritan, stout advocate of personal liberty, but to whom a Quaker was a fellow with wrong views and worthy to be hung. To this argument the prohibitionists answer, “ We do not seek to force our opinions to the verge of interference except as they are embodied in laws.” Then the doctrine of personal liberty is quite another thing, for it is as civil liberty is, to wit, “natural liberty so far restrained by human laws as is necessary and ex- pedient for the general advantage of the public.” All other notions of personal liberty would admit a right to do wrong, and would rise as excuses for crime of every kind. To the argument that prohibition legislation is odious because it seeks to establish sumptuary laws, the reply is prompt that the sumptuary acts which formerly brought odium on law-givers and which were inherently tyrannical were those which limited the necessities of life, as food, furniture, clothing, etc. Laws prohibiting the manufacture and sale of a deadly poison or of PROHIBITION. 556, an article generally destructive of health and morals, or danger- ous to the peace and well-being of society, are not sumptuary in their nature, not at all tyrannical. The public good is the supreme law. Much is made of prohibitive experiments in other ways. _Kansas is conspicuous as an instance of triumphant political prohibition. It was inserted in the State Constitution. A gov- ernor was elected for two terms on a distinctive prohibition issue. It looked as if the principle had a political basis which could not be shaken. But it failed finally to float a candidate into gubernatorial honors, failed as a party measure. Why it failed, is a great question. The sentiment was not a real, but a curious or experimental one, says one. It was the sentiment of indif- ference to results, says another. It was a sentiment tired of prohibition persistency, and willing to see it fail of a trial, says a third. The true answer is doubtless yet to be found. In finding it much will be learned, much profit will ensue. There should be no apology for'the failure, nor any whimpering about the defeat—they were signal—but an intelligent quest for causes and speedy effort to remove them. What is desirable in the abstract may in its practical application prove both obnoxious and injurious. ' The Vermont experiment is not much quoted, though it has been lengthy—thirty years,-—received a popular majority, and has never failed to secure legislative countenance. The pro- hibition code there is simply formidable. It prohibits the manu- facture of spirituous and malt liquors, and the sale or giving away of the same. Cider must not be sold at any place of public resort, nor may a man furnish liquors to a minor in _ his own house. Ingenuity has been taxed to the uttermost to throw guards around the traffic. Perhaps it has been overdone. It is. said on good authority that the law is practically a dead letter, and that 446 liquor-shops are open in the State. Efforts to enforce the laws are spasmodic and Short-lived. There is hardly a sentiment against them, but none for them. The com— munity is oppressed with the dead weight of indifferentism. Here prohibition is really to blame. It suffers its case to go by 56a PROHIBITION. default. If a living thing, its vitality should not so ebb and flow as to invite the rebuke of inordinate spasm and correspond- ing relapse. The Ohio controversy has been lengthy and perhaps broader and more profitable than any other. It is yet open and is enlist- ing the attention of all thinkers. We cannot pursue it, but it has brought prohibition to face some of its profoundest problems. The Scott law imposed a very high license, by which the num- ber of saloons were reduced some 3,000 in number. It also contained a local option clause. In addition to this a prohibitive amendment to the Constitution was urged—and as some think was carried, at the last election. This was the political phase of the situation. It has given rise to the thought that such amendment as was anticipated would have prevented legislative action in the future on the basis of popular opinion. It has opened the question of how far the dram-buyer is parz‘z'ceps crz'mz'm's with the dram-seller and manufacturer. It has started the inquiry as to how prohibition can be made operative against the manufacturer of spirits for the arts. It has raised the question of how far the State or nation can interfere with a traffic which has sprung from a demand of a large part of the community, without making itself responsible for the losses that ensue. Other questions, equally vital, will doubtless arise before prohibition achieves its final victory. _They must all be met with becoming spirit. Every day’s march is provocative of deeper inquiry, and the more formidable prohibition becomes the more it will be called upon to square itself with laws, times, in- stitutions and constructions. If a political force with a future, it must not only be moral and intelligent, but practical. GENERAL PHASES.-—Whatever the sentiment of the country or of individuals respecting prohibition, the fact must be faced that in its new nationally political form it is a broader and deeper movement than in its old form of local and sporadic prohibition. It is no longer “hurricane reform,” but rather a silent force operating along clearly defined lines of progress, and gradually nerving itself for a final clash with the conservatism PROHIBITION. 57a of existing political parties and even the angry personalism of an industry involving millions of dollars. No man ever dreamed of the existence of 320,000 prohibition votes in Ohio, nor of a tenth of that number, till the election of 1883. If a sudden dissolution of parties should come about even now, it is more than likely'that they could be instantly reformed on the basis of progress and conservatism, prohibition standing for the former and license or non-interference for the latter. Alcohol is not only in politics, but apparently in to stay. In addition to the regular political steps already taken toward a national prohibition convention in 1884, for the nomination of candidates for President and Vice-President, the ladies of the Women’s Christian Temperance Union of the .United States thus memorialized the Republican Convention at Chicago: To the Naz‘z'onal Convention of fire Repuolz'can Party.- We the members of the Women’s Christian Temperance Union of the United States, herein represented by the signatures of our officers, while believing that while the poison habits of the nation can be largely restrained by an appeal to intellect through argument, to the heart through sympathy and to the conscience through the motives of religion, believe that the traffic in those poisons will be best controlled by prohibitory law. We believe that the teachings of science, experience and the golden rule combine to testify against the traffic in‘ alcoholic liquors as a drink, and that the homes of America, which are the citadcls of patriotism, purity and happiness have no enemies so relentless as the American saloon. Therefore, as citizens of the United States, irrespective of sex, or. religion or Section, but having deeply at heart the protection of our homes, we do hereby respectfully and earnestly petition you to advocate and adopt such measures as are requisite to the end that prohibition of the importation, exportation, manufacture and sale of alcoholic beverages may become an integral part of the national Constitution, and that your candidate shall, by character and public life, be committed to a national prohibitory constitutional amendment. One of the most remarkable instances of rapid growth in pro- hibition sentiment has been in the Southern States within two or three years. In Texas and Georgia it has, in off-political years, almost obliterated old party lines, and in certain localities, as in Atlanta, it has enjoyed temporary triumphs, with most of .the advantages claimed for it by friends and with few of the disad- vantages charged to it by enemies. THE SURPLUS REVENUE. N the fall of 1882 the Republican party of Pennsylvania introduced into its platform a proposition which read as 8”: follows: “ That any surplus in the public treasury aris- ing from a redundant revenue should, after paying the national debt as fast as its conditions permit, be dis- tributed from time to time to the several States upon the basis of population, to relieve them from the burden of local taxation and provide means for the education of their people.” It became known as the Barker plank, from the name of the gentleman who suggested it. At first it attracted but little attention, but as time passed it drew comment and discussion, and at last grew to be a matter of far-reaching and national moment. HISTORY—It was not a new proposition or doctrine, as many supposed, but was nearly as old as the government, and had at various times engaged the attention of statesmen and parties. Jefferson, in one of his inaugurals, spoke of the neces- sity of providing a plan for the distribution of the proceeds of the sales of public lands among the States, it then being a doctrine that such proceeds belonged to the States which were the real owners of the lands. Afterwards, in the second session of the Nineteenth Congress (1827), a bill was defeated which had for its object the distribu- tion of a part of the national revenue among the States. In this Congress the National Republican and Democratic parties were very evenly divided, and this measure shared the fate of an amended tariff bill which was strongly urged by the National Republican (afterwards the Whig) party. President Jackson, with greater reason than had previously \xistcd, for the national debt was then growing small, proposed, 580! THE SURPLUS REVENUE. 59a in his message to the Twenty=first Congress, Dec. 7, 1829, a dis- tribution of the surplus revenue among the States, the thought still being that the States were entitled to it as owners of the public lands, the sale of which constituted a leading source of income. The President’s suggestion led to the famous Foot re- solution of inquiry into the sales of the public lands, and to the proposition to stop surveys and limit their sale for a time, debate on which engaged almost the entire session of the Senate and culminated in the splendid oratorical contest between Webster and Hayne. On account of the approaching extinguishment of the public debt, President Jackson, in his message to the Twenty-fourth Congress, Dec. 7, 183 5, again called attention to the necessity of devising some means of distributing the surplus revenue among the States. The matter being timely, it drew many propositions, each of which was suggestive of the numerous constitutional difficulties in the way. A direct return of surplus moneys to the States, and the further collection of the same for the pur- pose of so returning them, were regarded as out of the question. The plan was hit upon of loaning to the States, in proportion to their population, such part of the surplus as they thus became entitled to. The act passed, June 23, 1836, to take effect Jan. I, 1837. It authorized the deposit of all surplus for that year, except $ 5,000,000, in what were then known as the “ pet banks,” or designated government depositories, the same to be drawn out by each State to the extent of what was due it, and to be regarded as a loan for whose payment the State stood as security. There was an actual distribution to the extent of $26,101,644. The quota due each State for the year 1837 was ascertained, and three quarterly payments were made pn Jan. 1, April I and July 1. Owing to the panic of that year, which forced the act of Oct. 2, 1837, postponing further payment till Jan. I, 1839, the fourth instalment was never paid. To illustrate, the quota ascer~ tained to be due Pennsylvania was $3,82 3,3 5 3.04, and of this she received three instalments of $95 5,838.26 each, or a total of $2,867,514.78. The quota of Virginia was $2,931,236, and of this she received three instalments of $732,809 each, or a total of $2,198,427. ‘ 60a, Tl-IE SURPLUS REVENUE. The act had an excuse for its existence in the fact that there was no debt of any account and a surplus revenue, which, unless distributed, the treasury would have had to hoard. It was based on the then prevailing theory that the States were entitled to it as owners of the public lands, whence most of this revenue came. But probably the passage of the act was due as much to a desire on the part of certain presidential aspirants to stand well with the States as to anything else. The Foot inquiry of ‘former years had shown that the policy of stopping surveys and sales of public lands fora time was very unpopular. These going on, the question of distribution kept at the front. Further, the act imposed no restrictions on the States. They could use the money as they pleased. Indeed the very nature of the distribution—it was a loan and not an absolute gift, though it was understood that payment would never be demanded—— prevented such restriction. What the States did with it is not certain at this date. It is said that in Maine and New Hamp- shire it was distributed among the people amid infinite jest; that New York set it apart as a school fund; that North Carolina put it into internal improvements; that Pennsylvania divided hers into a school fund and a fund for internal improvement. As to the rest of the twenty-six States which participated the im- pression is that it was frittered away without permanent good results. ' After the panic of 18 3 7 and the era of low tariffs which began with the sliding scale of 1833, not to end till 1861, the country was in no condition .to moot the question of a distribution of a surplus. Yet it unfortunately came up in 1842. The Whigs were then striving to pass the protective tariff act of that year’. They did so after a long debate, and in order to calm apprehen- sion respecting a redundant revenue from it they coupled with it a clause providing for the distribution of any surplus that might arise among the States. 'The bill fell under Tyler’s veto. A second was passed without protective features. This was also vetoed. . A third without either the protective or the surplus distribution feature was passed and signed. This became the celebrated Tariff Act of 1842. TIIE SURPLUS REVENUE. 61a After that the act of 1836 passed quite out of mind, and the theory of distribution with it, if we except the recent demands made by Arkansas and'Virginia upon the treasury for payment of the fourth instalments which they claimed to be due them. The Virginia case took the shape of a mandamus to compel the Secretary of the Treasury to pay her the sum of $732,809, the same being the fourth instalment of public money which the Secretary of the Treasury was directed to deposit for the benefit of the State by act of Congress dated June 23, 1836. The Supreme Court of the United States, March 17, 1884, dismissed the mandamus, saying “that the act in question created no debt or legal obligation on the part of the United States to the States accepting its terms, but only made provision for the deposit temporarily with the States, subject to recall by the government, of a portion of the surplus national revenue.” Further: “ The act authorized the deposits to be made out of surplus in the treasury, ‘on January I, 1837. The act of October 2, 1837, postponed the fourth instalment till January 1, 1839. The con— dition of the treasury was then such as to forbid its payment or deposit. Congress did not make it a charge on revenue in the treasury after January 1, 1839, and the Secretary of the Treasury has no power to apply subsequently collected revenue to the payment of said fourth instalment without an act of Congress.” ‘* It thus appears that distribution of the surplus revenue is no new question, but one which has plagued the Government and parties throughout the century. PRESENT QUEST ION—The present question of surplus distribution comes up at.a time when there is really no surplus revenue. The country is in debt to the extent of nearly $1,500,- 000,000. - Rigid economists say “let all revenue be devoted to the payment of the debt, then talk about distribution.” This is almost the position taken by the Secretary of the Treasury in his last report, December, 1883. His words are: “ It is perhaps enough for the present that the payable debts of the Union can take up all surplus .now existing or likely to arise for four years to come.” 62a THE SURPLUS REVENUE. The President in his message to Congress, December, 1883, advises a diminution of the excise taxes if the‘ surplus appears too large ; _ yet, the same having been reduced to the extent of $50,000,000 in 1883, and the Tariff rates having been consider- ably cut, he thinks that the full effect of these laws should be witnessed before making haste to reduce the surplus further. Observe both of these functionaries speak of a surplus revenue. They do not mean that there is an actual surplus as in 1836; that is, one over and above absolute needs; but only one above present or current wants. There is more than enough to pay the expenses of running the Government, the interest on the debt, and such part of the principal as may be falling due, or as ought to be met in order to keep up steady reduction. If the thought is entertained that all surplus should go to the extinguishment of the debt, then no question can arise as to the distribution of the surplus among the States. If, on the con- trary, the thought he conspicuous—and it surely is—that we ought not to pay the debt so rapidly, then the question of making some disposition of the surplus forces itself to the front, for nothing is better established than the'doctrine that a govern- ment ought not to collect money from the people for the mere pleasure of the thing and for the purpose of piling it up idly in the vaults of the Treasury. - The present question of surplus distribution is therefore com- plex. It depends on our ideas respecting the propriety of rapid or slow payment of the National debt. And rapid or slow pay- ment of the debt is in itself a great question. Rapid payment means a continuance of high excise taxes and high rates of duty on imports. It means constant calling in of bonds, which holders would rather retain than give up. It means the speedy and final extinguishment of the bonds which the National Banks are compelled to buy and hold as a basis of the banking system, and it consequently means the end of that system, or its reorganiza- tion on some other and less satisfactory basis. In its most favorable light, it means of course the early stoppage of interest on the debt and thereby an immense annual saving. Slow payment means a lower tax and tariff rate, a spreading THE SURPLUS REVENUE. 63a, of the burdens over the future, a longer continuance of the National Banking system, enjoyment of our securities by holders, and annual loss in the shape of interest. But in view of the fact that our bonds have to be met at stated times as they fall due, there is no school of economists which advocates a reduc- tion of our National income to the low standard of mere current or every-day wants. All agree that we should pay our way and be making ready for future demands; in other words, that however much taxation may be reduced, the Government should not be pinched, but should have a handsome margin each year; that is, a surplus. Selfish rather than strictly economical considerations come in to complicate the question. Those interested in liquors and tobacco, the two articles which now hear the brunt of excise taxation, naturally want them relieved of tax. They point to the dangers of a surplus revenue, and answer the question of distribution by saying, “ Strike off the tax and thus do away with the surplus.” Again, those interested in maintaining a high pro- tective tariff see great danger in a large surplus. Some would have it applied directly to the payment of the debt, so that an inducement to lower tariff rates and income from duties might not arise, for the present at least. Others fall in with the liquor and tobacco interests, and advocate abolition of all excise taxes and internal revenue, on the theory that if this source of income is cut off, the government will be compelled to maintain a high standard of duties on imports. Still others are ardent advocates of the present rates of tax and duty, and as to the surplus that is arising and sure to arise, they say, “ Let it be distributed among the States, and to some good end.” One other thought in connection with the present question of surplus distribution, before we turn to its history. The surplus ' under consideration is that which arises from all sources. It is general and mixed. The early attempts at distribution among the States, and the successful one of 1836, touched a special, unmixed surplus—that arising from the sale of public lands. It was not a surplus occasioned by taxation, nor was the distribution regarded as anything more than a return of moneys to the proper 64a THE SURPLUS REVENUE. owners, State supremacy and right to the public domain being then a prominent political doctrine. There is now no proposition ~—except as a means of avoiding Constitutional objections, or of reconciling the idea of distribution to the popular mind—to sep- arate the surplus,’ and to distribute to the States the part which arises from the sale of public lands, or from any special source. The distribution is not to be made because the States have any paramount right to the surplus moneys, but because the govern- ment chooses to be generous and to restore to the people, as nearly as it can, the sums it has collected from them. This is the proposition of distribution coldly stated. But it has taken quite another form under discussion, as we shall see. We now turn to the growth or amplification of the surplus dis- tribution idea. As embodied in the Pennsylvania platform, it meant a distribution of not needed surplus among the States in proportion to their population, and for the purpose of relieving them “from the burden of local taxation and providing means for the education of their people.” There was no mention of the source whence the surplus sprang. The distribution was to be general, and on the basis of population. It was to be con- stant as long as a surplus arose, great or small in proportion to the extent of that surplus. The recipient States were to be limited in their use of the money. They were to pay local debts with it and provide means for the education of their people. A year afterwards, Nov. 22, 1883, the question came promi- nently before the public through a letter from Hon. james G. Blaine, published in the Philadelphia Press. He objected to the Pennsylvania plan because it proposed to give no steady or cer- tain amount to the States each year. They would be the recipi- ents of a large amount this year and a small amount next, just as the surplus fluctuated in the Treasury. The States could not, therefore, depend on it to support any plan for reducing their debts or building up educational systems. They would fritter it away as they did the deposits of 1837. He objected further that it placed a temptation before representatives from impecu- nious States to withhold their support from National and legit- imate appropriations in order to make those for their States as THE SURPLUS REVENUE. 65a large as possible. His third objection, was to the assumption contained in the proposition that our present redundancy of rev- enue would continue for some time. But owing to the fact, or combination of facts, that our securities were in such shape that payment of much of the debt could well be postponed, and that there was hardly a possibility of so reducing taxes and duties as to avoid a surplus income, he regarded it as a fit time to help the States to lift their debts and lower their rates of taxation. Then, on the theory that the Federal government could alone tax spirits with any degree of success, that it was the easiest and handiest taxation known, being on a luxury, and that it was far less oppressive and hurtful than any local tax on land or per- sonal property, he proposed to turn over to the States each year the amount raised by the government on liquors, with the intent that they should reduce their own taxes in proportion to the amount received. The amount raised .in 1883 from tax on liquors was $86,000,000, which, in the hands of the States, would enable them to reduce their local taxation that much. Thus, he argued, the States would have a certain income, one arising from a specific tax on specific articles, and they could afford to engage in plans for lowering taxes without fear of confusion. While this plan went back to that of 1836, and involved the distribution of a special, or specifically derived, surplus, and may have, in the mind of its author, thereby overcome a Constitu- tional objection, it was narrower than the Pennsylvania plan, which proposed that the recipient States should not only lower their taxes, but educate their people, through and by means of the government's bounty. It further created a Surplus for dis- tribution, and made it certain for each year, a thing notv contem- plated in the Pennsylvania proposition, for it assumed to deal only with such surplus as seemed probable, unless there came about a reduction of both excise taxes and tariff rates. This reopening of the question drew a variety of opinions from all sources, and proved the beginning of a discussion which has since become general, and in some instances taken on party hues. Both the plans of distribution were compelled to face the Constitutional argument that the government had no right to 38 660. THE SURPLUS REVENUE. raise money by taxation for the purpose of handing it over to the States that they might thereby lighten the burden of State taxa~ tion. And this has all along been the most serious argument against any proposition to distribute national surplus. It is certainly stronger against creating a surplus, or setting apart specifically ‘derived income, for the use of the States, than against such disposition of an accidental surplus found in the Treasury, especially if the latter goes to the States for educa- tional purposes, or partly so. In the end it may prove a fatal objection. Another objection was to the effect that the distribution of moneys arising from the taxation of malt and spirituous liquors would be enriching States which did not manufacture such liquors at the expense of those which did. This lost its weight by the consideration that the consumers, in the end, paid the tax, and such consumers were found in every State. Again it ' was said that if the States were thus supported, the people would lose their interest in local affairs; that it looked to the perpetua_ tion of internal revenue taxation at a time when public senti- ment favored its abolition; that it would encourage profligacy in the States ; would be generally unwise and mischievous. The friends of distribution relied on historic precedent, on a popular sentiment which could not be induced to relieve liquors from taxation so long as lands and articles of necessity were subject to it, on the ability of the government to collect such tax with the machinery already in existence, on the fairness of a distribution according to population, on the immense advantage likely to accrue to the States. When the matter began to assume practical shape, which it did in a bill drawn by Mr. Barker, author of the Pennsylvania plan, it was seen that many of the objections above urged were insuperable. There was a general departure from the thought that the government ought to raise revenue for the purpose of distributing it. Indeed, it appeared that if the government were to assume any such generous attitude toward the States, it must have a higher justification than had thus far cropped out. That part of the Pennsylvania plan which referred to a distribution THE SURPLUS REVENUE. 67a, for educational purposes now became conspicuous. States had founded educational systems and endowed them liberally, on the theory that they owed an obligation to the citizen—the obligation of redeeming him from illiteracy. Did not a similar obligation exist on the part of the Federal government? This question had been asked many times during the existence of our government, and in general answered affirmatively. If such obligation existed at all, it did so now to an extent greater than ever. Illiteracy was everywhere. In some sections half the people were illiterates. Those sections were not the richest, nor best qualified to embark in liberal schemes of education. What so easy and proper as for the government to extend edu- cational aid? There was a surplus of revenue, and distribution of it for such purpose would be in the nature of a parental patronage. Constitutional objections would be avoided. The government would be a benefactor. Public moneys would not go out to the States as such, and in proportion to population, but to the States as localities where illiteracy was prevalent and in proportion to the number of illiterates. Help would go where it was needed, light into dark places, both as a demand existed. , In looking back, precedent was found to be abundant. The ordinance (I78 5) for the government of the Northwest Territory set apart the sixteenth section (640 acres) of every township for common school purposes, and wisely declared that “religion, morality and knowledge being necessary to good government and the happiness of mankind, schools and the means of educa-- tion shall be ever encouraged.” Fourteen of the States received school lands under this ordinance. The ordinance of I 787 in- creased the gift of school lands to two townships of land to each State for the purpose of founding a university. This ordinance was confirmed after the adoption of the Constitution, and every State organized since 1800 has enjoyed this gift of 46,000 acres. Those States which handled their deposit, under the act of 1836, in the wisest manner made a school fund of it. Many acts, run- ning from 1841 to 1860, gave large grants of lands to the States, much of which was wasted, but some of which was turned to 68a THE SURPLUS REVENUE. the account of public schools. Up to this time the government gave to the States lands estimated at 140,000,000 acres, most of which, it is safe to say, has been converted to public school uses. In 1862 a further grant was made to each State of 30,000 for each Senator and Representative in Congress, the proceeds of the same to be devoted to the founding and maintenance of agri- cultural colleges. It is thus made apparent that something very like a policy has existed from a time beyond the Constitution to extend national aid to education. True, only public lands were given away, but that does not alter the principle. The treasury was deprived of their proceeds. The proceeds themselves might as well have been given—perhaps better. At this juncture the question of distributing surplus revenue among the States was merged in that of extending national aid to education. It came into the Senate in December, 1883, in the shape of the Blair bill, and was at first coldly received by both political parties. But as discussion advanced, its merits became clear, and it finally passed that body. Its success in the House is a matter of the future. It appropriates $77,000,000, to be dealt out to the States during a period of eight years, in propor- tion to the number of illiterates in each. But no State shall receive more than it expends itself for public schools, nor shall any State receive its instalment till the governor thereof files an annual statement showing the school attendance and expen- diture for the same. While it disposes of all probable or troublesome surplus revenue for eight years at least, it does so with a distinctive aim, and under conditions which make it obligatory on the States to devote it to education. Certainly surplus moneys could not go out of the treasury in a worthier direction. The government control of the funds appropriated is not lost till a guarantee is given that they are being devoted to the uses designed. The objections to the bill may be grouped under three heads: (1) Those as to its constitutionality. (2) Those to the effect that it was virtually legislating in favor of a. section, it being known that the Southern States would receive the bulk of the moneys THE SURPLUS REVENUE. 69a, appropriated because the per cent. of illiteracy was largest there. . (3) Those (chiefly from Southern Senators) to the effect that it showed .a want of confidence in the ability of the States to handle the question of education, and would tend to weaken local pride in common schools and local exertion for their sup- port. ‘ The bill rests on the fact of illiteracy, which is indisputable. It further rests on the theory that illiteracy is an element of danger to the republic, which it is a duty to remove. It simply extends the facts and theories which are the basis of common school systems in the States to the national government, and gives them play there amid greater opportunities for good. Whatever may be the fate of the bill in the House, it is certain that the Senate’s action has brought before the country a far- reaching and important question—one which, while it involves that of surplus distribution and in a measure settles it, will prove pregnant with good or evil, just as statesmen rise or fall with a grave situation. While these discussions were going on, the fact of a large actual surplus in the national treasury came to pass. The re- ceipts from customs and internal taxes—the chief sources of national revenue—were so large and uniform as to exceed the expenditures by several millions of dollars a year. The Secre- tary of the Treasury estimated that by July 1, 1888, the surplus would be $140,000,000. This condition of affairs threw both political parties into feverish anxiety, for it was felt that taxation which netted a greater income than was needed was unnecessary and unwise. Moreover, the accumulation of vast sums in the Treasury and the holding of them there in idleness was simply a withdrawal of so much from the monetary circulation of the country, and an invitation to stringency and financial disaster. The question of Surplus, therefore, became more exigent than ever before. The Blair Educational Bill was still pressed as a possible means of disposing of a part, at least, of the accumula- tion. A proposition was also introduced to distribute among the States as much of the public money as was collected during the war through and by'means of the Income or direct tax. 70a THE SURPLUS REVENUE. Various schemes were proposed to increase pensions, enlarge our navy, fortify our coasts and grant subsidies to steamship lines. But, in general, theories about the methods of distribut- ing what had accumulated were merged in efforts to prevent further accumulation. And here the country had a striking in- stance of the rapid and unaccountable changes which affect both political and industrial sentiment. The manufacturers of liquors had come to favor the retention of the internal tax on their pro- ducts. What they at first despised as a war tax had turned into a lovely and desirable imposition, and they were as unanimous as a secret fraternity over the wisdom of submitting indefinitely to the existing tax. They had come to regard all the taxes they had paid on whiskey in storage as just so much added to the cost of production; and a removal, or any material reduction of the tax, would serve to throw their high-priced product into a market cheapened by competition with a low-priced or untaxed manufacture. The whiskey interests were coherent, aggressive and ingenious. They threw out their influence in such a way as to seriously affect politics, and no Democratic measure for a re- duction of the Treasury Surplus contemplated a removal of the tax on liquors in preference to a scaling of the rates of duty on imports or a repeal of the tobacco tax. The preference of the ' Republicans, too, was for a repeal of the tobacco taxes first, and as to the whiskey tax, they would doubtless have stood hand in hand with the Democrats, but for the fact that as a party they could not'afford to sacrifice the great principle of“ Protection” by means of the Tariff laws, which principle became more and more a distinctive party tenet, just as the opposing principle of F ree-trade loomed into prominence as a Democratic tenet. Therefore while the two leading parties were equally anxious about a diminution of the surplus, they were wide apart as to methods of bringing it about. In general, the Republican plan was to effect the desired object by repeal of the internal taxes, letting the duties on imports alone; while the Democratic plan was to reach the same result by lowering the duty on imports, letting the internal taxes alone. The anomaly consisted in the desire of the Republicans to Wipe out a system of taxes they had TH E SURPLUS REVENUE. 71 a, originated, fostered and defended as war measures, the excuse being that said taxes had outlived their day, were needless as further sources of revenue, ought to be repealed in preference to duties on imports and, indeed, must be first repealed in order to save the tariff laws and rates from attack. The anomaly further consisted in the desire of the Democrats to perpetuate a system of taxation they had opposed from the very beginning up until a late period, and had bitterly decried as “war measures,” the ex- cuse being that there was no outcry against the internal taxes by the people, while there was a widespread demand or com- mercial necessity for lower rates of duty on imports, and espe- cially the placing of many articles of raw material on the free list. Practically speaking, this was the shape the question of reduc- ing the surplus revenue took during the first session of the Fif- tieth Congress (1888). That anything definite and final could be reached amid such political conditions would seem impos- sible. But, even if it could, only the question of future surplus would be settled. The equally grave matter of “what to do with the already existing surplus " would still be open, and no doubt the subject of as much contention as ever. PROTECTION AND FREE TRADE. ATURE OF THE SUBJECT—This chief of living quesl ’ ‘ tions in our economy and politics is compound in sub- stance and form. In form its parts take the shape of a case in court between plaintiff and defendant. In sub- stance it covers two distinct branches of economic science, to wit, the relation of labor to capital, and the principle of taxation. LABOR AND CAP] T AL.——Touching these, the question has its broadest significance. There is practically no limit to its range. In this field doctrinaires spin their fondest theories, and practical men pile up their cherished facts and figures. Parties, even, shape their lines on the basis thus afforded, and make the political arena ring with arguments of refutation and pleas for recognition and support. FREE T RADE—But let it be understood that Free Trade in the abstract is confined only to bookish theorists. In this, its fullest sense, it means open, unrestricted commerce with all nations. As to ourselves, and within the limitations of our sub- ject, it means the opening of our ports to the free importation of foreign manufactures and direct competition with the richer capital, riper machinery, and cheaper labor of older countries. This is not, as yet, advocated by any political party in this country, though it is contained,_as a germ, in most of the anti-protection arguments. Those who pass for Free Traders, and who must be called such since popular speech thus best distinguishes them, - in general recognize the right, and propriety, of a duty on imports for the purpose of supplying the government with . necessary revenue. Controversially they enter the field of cap- ital- and labor, practically they are only within that of taxation. 720 PROTECTION AND FREE TRADE. 73a The fostering of our industries, in other words protection, is an incident of taxation, not an object. How long they can resist the tendency of their arguments and refrain from a final plunge into abstract Free Trade remains to be seen. PROT EC T I ON—On the other hand it should be understood that Protection, from its very inception till now, embraced the principles of taxation, and, taking advantage of them as a founda- tion, built thereon a system designed to encourage the develop- ment of home resource. While all agreed that duties on im- ports were the least burdensome of indirect taxes, and therefore the most cheerfully paid, Protection made them a discrimination against foreign peoples and turned them to the account of our own. It at first vindicated the procedure by the example of other countries and by the desirability of commercial and indus' trial independence. Now it vindicates its position by reference to what it has achieved in the domain of capital and labor. It is the doctrine of a school, which uses the flag and discipline of a political party, but whose scholars are found in all parties. In fact it has not been inaptly distinguished by the terms “Ameri- can Idea,” and “American System.” T AXA T I ON—The easiest approach to both the history and principles of Protection and Free Trade is through the word “ Tariff.” It is the Arabic word Za’rzf, “information,” either because it was' the list of goods on which duties were levied, or the name of the town or post, “Tarifa,” on the coast of Spain where the Moorish authorities kept watch and gave information of vessels sailing through the Straits of Gibraltar, on whose cargoes they were accustomed to levy taxes. These Moors left their numerals and this word tariff as a legacy to the civilized nations of the world. The refinements of trade have given the word tariff a definite meaning. All taxes are divided into direct and indirect. Indirect taxes are those levied on goods in passing from hand to hand—say from manufacturer to consumer, or from importer to consignee. It would be better for our purposes to say that all taxes are internal or external. External taxes are those levied on imports from, or exports to, a foreign country. They are what the Con- 74a, PROTECTION AND FREE TRADE. stitution means by “ duties” and “imposts,” in the clause, “The Congress shall have power to lay and collect taxes, duties, z'm- posts and excises, to pay the debts and provide for the common defense and general welfare of the United States.” They are also covered by the word “ Tariff,” but since export taxes are exceptional, Tariff has come to signify the taxes on im~ ports alone, and also the law or system under which such taxes are levied. All civilized nations have a tariff of some kind. TARIFF—This tariff, indirect or external tax, was formerly used by nations as a source of revenue alone, and frequently in a spirit of booty. But as soon as they began to have intelligent notions of trade, and of internal development, it became an economic force. Legitimate trade may be said to have taken its rise in England under the auspices of Elizabeth. Its rapid pro- gress there must be ascribed, in a great measure, to the fostering care of the government, exercised through and by means of tariff regulations. From a different spirit in her institutions, though with superior advantages, France, at a later period and under the endeavors of her ingenious and indefatigable Colbert, laid the foundation of her industry and commerce. The estab- lishment of the woollen industry in a country, where nature seems to have denied the means, has always been alluded to by statesmen as an evidence of what can be effected by patronizing administration and a truly fostering government. The Dutch, who were pre-eminent in industry and trade, ever made them an essential object of State. Their government was paternal in the extreme, and their regulations more numerous than those of any other country. And so with other peoples, after trade became legitimatized, and industry responsive to regulation. The tariff; in one shape or another, was the great regulating lever, and the main source of encouragement. Since unified Germany has come upon the map, she has resorted to special tariff enactments, which involve protective features. Italy has had recourse to higher tariff laws, in order to encourage lagging industries. France, after having for a long time relaxed her earlier regula- tions, has returned _to them as a means of industrial revival. PROTECTION AND FREE TRADE. 750 There are but three countries in all Europe, beside England, that are not protective—Turkey, Switzerland and Norway. Turkey is now insisting on higher rates of duty. THE ENGLISH POL] C Y.—The old English system of ton- nage and poundage laws, of protective tariffs, and of commercial regulations, was severely in her own favor. It embraced over four hundred Acts of Parliament, and was administered without respect to the rights of any other nation, but solely for her own industrial and commercial welfare. She did not hesitate to make her tariffs prohibitive, nor to directly prohibit the exportation of articles which might teach inferior nations the skill of her own. There is no record of a protective system so selfishly Woven and tyrannically administered as hers, if we except the absolutely exclusive and despotic system of China; nor of one so persistently sustained till it gave her the manufacturing and commercial supremacy she courted. This point reached, as to commerce by 182 5, and as to manufactures by 1846, she resorted to a change of policy. We shall see hereafter how she turned her American colonial policy to protective account. Let us see how she protected her iron. From 1782 to 1795 the duty on foreign bar iron was over $12 per ton. In 1797 it was over $14; from 1798 to 1802 over $15 ; from 1806 to 1808 over $23 ; from 1810 to 1812 over $24; in 1818 over $28. By 1825 the duty was £6 10s. per ton if imported in British ships, and £7 183.641’. if imported in foreign ships. Other manufactured iron paid £ 20 ($90) per ton; and iron not otherwise enumerated paid £ 50 for every ;6 100 worth imported. All of these rates were then not only protective, but prohibitive, and they serve as an index to the policy which prevailed as to other industries which she designed to foster. MODERN EN GLISH POLICY—The change from pro- tection of the most studied and persistent kind to a policy of free trade came, after the former had given her wealth and a mighty reserve capital, multiplied her industries, fostered inven- tive skill, carried her fabrics to perfection, and enabled her to dominate the markets of weaker, less skillful, wealthy and inde- pendent nations. “ Her own markets for _her own wares,” was 76a, PROTECTION AND FREE TRADE. the motto so long as they were in danger of competitive inva- sion by others. A number of her writers on political economy, for more than half a century prior ‘to 1846, had inclined to the doctrine of free trade. Her statesmen followed in their wake and gradually changed the character of her tariff legislation. By the latter date free trade in manufactures was the accepted dogma. Free trade treaties had been effected with a few of the leading countries—notably France—but these were not, in gen- eral, ‘renewed. For a time she hesitated about her commercial supremacy, owing to the cheapness and facility with which Americans built fast sailing ships. But during the transfer from wooden sailers to iron steamers—a transfer which, in America, was unfortunately retarded, or rather whose prosperous beginning was prevented, by our civil war—she took a decided lead. By means of enormous subsidies, covering a period of twenty years, she destroyed the effect of all legitimate competition, and created for herself a monopoly in building and operating a steam iron marine. After this the principle of subsidies, like that of pro- tection to her manufactures, was no longer insisted upon. She became free trade all through, and immediately set up to in- doctrinate the world with her newly assumed and thoroughly selfish dogmas. Her Cobden Club, an association of British noblemen, was formed in 1866. Its avowed object is interfer- ence with the protective policy of newer, weaker and less favored nations, and their conversion to English free trade notions. Not content'with arguments scattered abroad in tracts and books, this club, which counts among its numbers 200 members of Parliament and 12 of the I4 Cabinet ministers, has established agencies in different parts of the United States, for the purpose of operating directly on our politics, especially in congressional districts. In its issue of july 16, 1880, the London Times said: “ It is to the New World that the Cobden Club is chiefly look- ing as the most likely sphere for its vigorous foreign policy. It has done what it can in Europe, and it .is now turning its eyes westward and bracing itself for the struggle which is to come. It cannot rest while the United States are unsubdued.” BRITISH COLONIAL POLICY—Tariff, in some shape, PROTECTION AND FREE TRADE. 77a, prohibitive, protective or general, was the wedge which forced colonial America from her British allegiance. Says McCulloch in his Commercial Dictionary: “ It was a leading principle in the system of colonial policy, adopted as well by England as by other European nations, to discourage all attempts to manufacture such ‘articles in the colonies as could be provided for them by the mother country.” Says Bancroft, “England, in its relations with other States, sought a convenient tariff; in the colonies ‘it prohibited industry.” An Act of Parliament in 1750 prohibited as a common nuisance the erection of any mill in America for slitting or rolling iron, or any plating forge to work with a tilt hammer, or furnace for making steel. So the making of nails was prohibited in Pennsylvania. Even to 1776, England, according to Adam Smith, “ prohibited the exportation from one province to another by water, and even the carriage by land, upon horseback or in a cart, of hats, of wools and woollen goods, of the produce of America, a regulation which effectually prevents the establishment of‘ any manufacture of such commodities for distant sale, and confines the industry of her colonists in this way to such coarse and household manu- factures as a private family commonly makes for its own use or for that of some of its neighbors in the same province.” After the invention of the puddling furnace and rolling mill by Henry Cort, we find English statutes (1 78 5) prohibiting the exportation of tools and utensils to foreign parts, the migration of workmen skilled in manufactures, and (1799) even of colliers who mined her coal. The first complete rolling mill in America, erected at Plumsock, Fayette county, Pa., for Col. Isaac Meason, was built and started by two Welshmen, Thomas and George Lewis, who came under the head of British skilled iron-workers, and as such were compelled to “ smuggle ” their passage across the Atlantic. We are all more orless familiar with the English methods of exacting revenue from her American colonies, by Tea Acts, Stamp Acts, etc. They were but a part of that stupendous system of home protection and foreign discrimination which en\ riched England and built up her manufactures and commerce at- 78a PROTECTION AND FREE TRADE. the expense of other nations. By no act or thought did she encourage agriculture in America, though she seemed to know that this country would in time become her granary. No sooner was this proved, under the auspices of independence and in the midst of circumstances she could not control, than she set about to build up rival markets in other, and newly planted, colonies. How well she has succeeded in India and Australia ought to appear clear from the fact that her wheat supply from these two sources for 1883-4 so nearly equaled her demand as to leave our splendid surplus of 80,000,000 bushels almost untouched, or subject to a tardy movement at ruinous figures. . THE AMERICAN THOUGH T.——Colonial independence meant escape from this discriminative and ruinous ‘British policy. There was hardly a colonial debate that did not inveigh against the selfish efforts of England to enrich herself at the expense of other nations, and to complete her industrial and commercial supremacy by overriding their protective systems and sapping their powers for independent, competitive existence. A prime fact mentioned in the Declaration of Independence and “sub- mitted to a candid world ” as proof that Great Britain designed to establish “ an absolute tyranny over these States,” was “ cut- ting off our trade with all parts of the world; ” and among the rights of a free people is mentioned that to “ establish commerce.” The most fatal defect of the Articles of Confederation was absence of power to collect revenue, regulate trade, encourage industry. The thoughts of all our early statesmen were turned to this defect, which to them was the more glaring, because of intimate acquaintance with the British system. So paramount was the necessity for escape from industrial and commercial de- pendence, and so momentous was deemed the power to protect ourselves that Washington confidently looked to the trade regu- lations of a more efficient government as a means of giving the country its proper weight in the scale of empires, and, with a feeling foreign to his better nature, he declared that such govern- ment “ will surely impose retaliating restrictions, to a certain degree, upon the trade of England.” The proceedings of the Continental Congress abound in de- . PROTECTION AND FREE TRADE. 79a bates, resolutions and committees, having for their object the promotion of home products and the‘development of home re- sources. There seemed to be no question, among the leaders of thought, of the right and duty of a government to foster in- dustry by legislative enactment, nor of the necessity for a new’ government endowed with ample power to provide revenue through a tariff and at the same time pnotect all its vital interests. THE FREE TRADE ERA—But this sentiment was not universal. Abuse of this power on the part of England had led to revulsion against it in the minds of the mercantile community. They needed the experience of the free trade era, from the date of the treaty of peace with England to the adoption of the Con- stitution (1783-89), to change their convictions. Free trade then existed, under the hard compulsion of circumstances. Tariffs were in the hands of the States. Where one imposed a duty the other admitted the article free. There was no uniform im- post law, and therefore practically none at all. The States, de- pleted by the war of the revolution, were the victims of unre- strained foreign trade competition. They had few factories, rolling mills and workshops, and but limited means of recupera- tion. Says Carey, “At the close of the Revolution the trade of America was free and unrestrained in the fullest sense of the word, according to the theory of Adam Smith, Say, Ricardo, the Edinburg Reviewers, and the authors of the Encyclopaedia. Her ports were open, with scarcely any duties, to the vessels and merchandise of other nations.” What befel P As the States were discordant, foreign powers passed such laws as they pleased to destroy our commerce. Nearly every foreign nation shipped goods into the country and dumped them promiscuously on our wharves. The consequences followed which never fail to follow such a state of things. Competition on the part of our manu- facturers was at an end. They were bankrupted and beggared. The merchants whose importations had ruined them were in- volved in the calamity. Farmers, who had longed to buy foreign merchandise cheap, went down in the vortex of general destruc- tion. Said a statesman of the clay, “The people of America went to War to improve their condition and throw off the burden 80av . PROTECTION AND FREE TRADE. which the colonial. system laid on their industry. And when their independence was attained they found it was a piece of parchment. The arm which had struck for it in the field was palsied in the workshop; the industry which had been éum’ened in the colonies was ems/zed in the free States ; at the close of the Revolution the mechanics and manufacturers of the country found themselves, in the bitterness of their hearts, independent—- and ruined. Carey further says: “The dreams of riches from ‘ excessive importations suddenly came to a close like those of 1815. The nation had no mines to pay her debts. Industry, the only legitimate and permanent source of individual happi- ness and national wealth, power and'resources, was destroyed as it has recently been by the influx, and finally by the depreciation of the price, of imported articles.” Webster thus depicts the situation: “ From the close of the Revolution there came a period of depression and distress. . . . Ship-owners, ship-build- ers, mechanics, artisans, were destitute of employment and some of them of bread. The cheaper labor of England supplied the inhabitants of the Atlantic coast with everything. Ready-made clothes, among the rest, from the crown of the head to the soles of the feet, were for sale in every city. All these things came free from any general system of imposts.” The entire mercantile community began to see that England and other foreign countries were about to control our external trade and internal industry. Every packet ship. carried away thousands of dollars in money, till there was none at home to operate with. Our only products, those of the farm, were a drug, and husbandry was full of bitter disappointments. There would be a change. The change came. Pamphleteers arose without number. Newspapers took up the subject. Merchants, business men, farmers, statesmen, all united in the cry, “ We have had enough of free trade. It means utter neglect of ourselves, and virtual sale of our energies and resources to older and better equipped nations. We have political independence: we must have indus- trial and commercial independence, else the victory of these nations over us will be greater than our recent victory over PROTECTION AND FREE TRADE. 81a them.” They saw what John Stuart Mill afterwards incorporated in his Principles of Political Economy: “What prevented the rapid recuperation of the United States, after the peace of 1783, was the system of free foreign trade, allowed to add its devasta- tions upon industry to those of the Revolution.” Educated by a dreadful experience, it became clear to all parties that the power of industrial and commercial protection, so fatally absent from the Articles of Confederation, must repose somewhere. Of all thoughts which impelled toward a Constitution, this was the strongest. Says Bancroft, “ Four causes, above others, ex- ercised a steady and commanding influence. The new republic, as one nation, must have power to regulate its- foreign commerce ,' to colonize its large domain; to provide an adequate revenue; to establish justice in domestic trade by prohibiting the separate States from impairing the obligation of contracts.” END OF FREE T RADE—From this time on till the Con- stitution became a fact, both political and business sentiment urged not only a stronger government, but one full of the paternal instinct, able and willing to defend and encourage home industry and all home interests. State responded to State in this behalf, and statesmen echoed the plaints and pleas of statesmen. A most assuring phase of the situation—one in strange contrast with that of to-day, considering the opportunities for information -—was the unanimity of artificers, mechanics, and workmen in demanding, through public meeting and published resolution, exemption from the degrading and ruinous competition forced upon them by the free and inordinate influx of foreign wares, on whose home manufacture they depended for a living. What was deemed sufficient for all the purposes of a new and more vigorous government found a place in the Constitution, Sec. VIIL, clause I. “ Congress shall have power to lay and collect taxes, duties, imposts, and excises, to pay the debts and provide for the common defense and general welfare of the United States.” At the same time, in order to insure the States against apprehension, and secure to them perfect interchange- ability of their goods, and free internal commerce, it was ordained that Congress should never have the power to levy “a tax or duty on articles exported from any. State.” 39 82a, PROTECTION AND FREE TRADE. NATURE OF THE NEW P0 WERS.—Thus endowed, the new government started on its career. The writers of the F ed- eralist saw enough in the above clauses to assure their country- men that the protection they required for their infant industries could now be guaranteed. As if by magic, the commercial and industrial situation began to change from one of gloom and de- pression to one of hope and activity. Says Bishop, “That the productive classes regarded the Constitution of 1787 as con- _ ferring the power and right of protection to the infant manufact- ures of the country is manifest from the jubilant feeling excited in various quarters upon the public ratification of that instru- ment.” The first petition presented to the first Congress (March, 1789) came from 700 mechanics, tradesmen and others, of Bal- timore, lamenting the decline of manufactures since the Revolu- tion, and praying that the efficient government with which they were then blessed, for the first time, would render the country “ independent in fact, as well as in name,” by early attention to the encouragement "and protection of American manufactures and by imposing on “all foreign articles which could be made in America such duties as would give a decided preference to their labors.” Fisher Ames said in his debate on the first tariff bill (1789), “ The want of an efficient government to secure the manufacturing interests and advance our commerce was long seen by men of judgment, and pointed out by patriots solicitous. to promote our general welfare.” Rufus Choate said, in 1842, “ A whole people, a whole generation of our fathers, had in view, as one grand end and purpose of our government, the acquisition of the means of restraining, by governmental action, the impor- tation of foreign manufactures, for the encouragement of manu- factures and labor at home, and desired and meant to do this by clothing the new government with this specific power of regulat- ing commerce.” And Webster, in 183 3, “The protection of American labor against injurious competition of foreign labor, so far, at least, as respects general handicraft productions, is known historically to have been one end designed to be obtained by establishing the Constitution.” Says Tucker, in his History of the United States, “ Merchants and ship-owners confidently PROTECTION AND FREE TRADE. 83a, expected protection from the discriminating duties and naviga- tion laws of other countries ; the manufacturing class hoped for the encouragement of a protective impost; the agricultural class expected to share in the general prosperity.” Leagues were formed in various cities for the purpose of urging on Congress an interpretation of the new powers conferred by the Constitution, in the interest of protective encouragement. Charleston ship- wrights followed the artisans of Baltimore with petitions to the first Congress. Similar petitions came in from Boston and New . York. The history of an almost universal sentiment at this time shows that the constitutional clause relating to “ duties and imposts,” and to provision for the “ common defense and general welfare” had a well-understood meaning. There was no doubt about the power of the government to “ raise revenue,” and none about its right to frame a code of duties “for the regulation of commerce ; in other words, a tariff, protective or prohibitory, as the case might be.” This was the English thought of the power as exercised at home, and it was the English phraseology when it wished .to convey such power by statute. Hamilton so under- stood it: so did Franklin, Madison, jefferson,‘ and Monroe. Gallatin, a pronounced free trader, said he found such to be the universal opinion of statesmen, on his entrance into public life. There was no such refinement as afterwards existed, and as is claimed by some, still exists, to the effect that the power to raise revenue by a tariff _does not carry the power to protect manu- factures and general industries. TARIFF AND FREE TRADE LEGISLATION. —— With this interpretation of the Constitution, and under existing circum- stances, the first Congress would have been a disappointing, if not recreant one, had it not come‘ promptly to the rescue of the country with a tariff enactment. It was the first general bill passed by the first Congress (the first bill passed was one pre- scribing an oath of office), and reflected in its preamble the sentiment then prevalent: “Whereas it is necessaryforthe support of the government, for the discharge of the debts of the United States, andfor Z/ze wzcom'agwzmt and proz‘eclz'mz of manu- 84a PROTECTION AND FREE TRADE. faelures, t/zaz‘ duz‘z'es 6e laid on imported goods, wares and mere/zan- dz'se, etc.” Statesmen North and South gave their sanction to this comprehensive preamble. The bill invited debate of the widest range. It is notable that the learning brought to bear on its contents and merits has not been surpassed in future discus- sions of the same subject. It not only bore on all the economic phases of the question, but was exhaustive of the principle above alluded to, that the Constitution designed to secure to infant manufactures and struggling industries of the country the very protection they needed, against the riper experience and cheaper labor of Europe. And as proof of the prevalence of the protective sentiment, we hear nothing from the opponents of this first bill in opposition to the necessity for protection, nor to the fact that tariff legislation of this kind was the best, if not the only known means, of fostering home industry. All opposition of moment was as to the method to be pursued. Such opposition came from those ‘ who were timid about too liberal a construction of the Consti' tution, and fearful that the States might thus early commit themselves to a policy which would rob them of theirrights. A similar proof is furnished by the manufactures and industries deemed worthy of encouragement. They embraced the iron and steel of Pennsylvania, the glass of Maryland, the cotton, indigo and tobacco of the South, the wool, leather, paper and fisheries‘ of the East. The act was, in addition to its revenue phases, a thoroughly protective measure, there being scarcely an article introduced into it whose freedom from foreign competition was not sought, and the desirability of whose home growth or pro- duction was not clear. It was imperative legislation in every‘ sense, but especially so as tending to meet the English boast that while America had achieved political independence, it had been reconquered commercially, and was a more helpless and useful appendage in-this sense than before. The act, there- fore, was a second declaration of independence, far more valua- ble to the government and people for the spirit it evinced and the possibilities it contained, than for the mild duties it im~ posed. PROTECTION AND FREE TRADE. 85a This act was followed by Hamilton’s report (1790) on com- merce and manufactures, which emphasized the principle of protective legislation, embodied all the learning and experience furnished by the respective nations touching the subject, more than ever committed the budding nation and universal party sen- timent to the operations of the act, and has ever since proved a well of information for students of political economy. As to the tendency of protection to foster monopoly, an argument much used in after years, he enunciated the principle which long prac- tice has proved to be correct, that internal competition would be found an effectual corrective of monopoly and would in the end give even a lower scale of prices for home manufactures than could prevail for foreign. ' His interpretation of the powers conferred on the government by the clause authorizing taxes, revenue, and the right to pro- vide for the common defence and general welfare, has never been excelled in perspicuity. All political parties have confidently reposed on it whenever they needed support for liberal construc- tion views, and it may now be said to prevail without regard to party lines. The act of I 789, and the report of 1790, were the beginning of historic and practical protection in the United States, which continued, with such ebb and flow as circumstances demanded or for the time being excused, up to 1828. There were many minor or amendatory tariff acts, most of which have been noted in the previous chapters of this book, whose object was to remodel existing acts without affecting the protective principle. These dot our entire tariff history and need not be referred to here. The first commanding act after that of 1789 was what is known as the “ Tariff of 1812.” Madison had urged revision in his message. Calhoun, Lowndes, Clay and others sought, in such revision, their opportunity to formulate what afterwards be- came the “American System,” and which embraced, in substance, full protective power on the part of the government, with the additional thought that such power should no longer be exer- cised as secondary to the power to raise revenue. The act was a sweeping one, and raised the duties then existing quite one 86a PROTECTION AND FREE TRADE. hundred per cent, while it fixed a discrimination of ten per cent. on goods imported in foreign vessels. ‘ Though this act, in conjuction with the further encouragement to infant industries occasioned by the diminution of imports dur- ing war times, gave an impetus to domestic manufactures they had never before experienced, the measure was regarded as too radical by the sections largely interested in shipping. The reac- tion which naturally followed resulted in the tariff of 1816, which was a wide departure from the rates of 1812, but which still retained many protective features. Mr. Webster, and in general statesmen from the East, regarded the higher rates as oppressive to the home-carrying trade. Clay and Calhoun in- sisted that this branch of industry should bide its time, with the certainty of greater activity and profit once our manufactures had had time to grow under the fostering care of the govern- ment. The time proved inopportune for such reduction of duties as the act brought. A ‘financial crisis came. Industry of every kind lagged and dwindled. Blight and ruin came upon the country. A remedy was sought in the tariff act of 1824. Calhoun had deserted Clay and joined Webster, but his place was ably filled by Buchanan, of Pennsylvania. By this time a distinctive free trade thought was abroad, especially in the minds of those who represented the Southern planting interests and who, now that slave labor had come to be regarded as essential to cotton- raising, could not consistently foster the paid labor of the North. The result of the struggle, pending which President Monroe in- clined to the side of Protection and Internal Improvement, was a distinctive affirmation of what was now known as Clay’s “American System.” Duties were not restored to the high grade of 1812, but the protective features of the bill were con- spicuous. Encouraged by their success and by the improved condition of the country under the operations of this act, its friends rallied to the support of the tariff of 1828, whose leading feature was a duty on wool and other raw materials, and therefore a more dis- tinct introduction of the protective idea than had yet occurred. PROTECTION AND FREE TRADE. 87a It has become historic as the turning-point of New England sen— timent respecting the protective system, Webster being found among the champions of the act ; and likewise as the beginning of that opposition on the part of the South which afterwards (1832) took the form of nullification. This act led to bitter political turmoil and to the expediency act of 18 32, which greatly scaled the duties of 1828, and of the intermediate act of ‘1830, but which was yet offensive to Cal- houn and the nullifying sentiment of the South, because it con~ tained no repudiation of the protective policy. Clay’s weakness for compromises culminated in the conciliatory act of 1833, which became known as the sliding scale tariff, because it pro- vided that there should be ‘biennial reductions of the rates of 1832, till at the end of ten years a uniform rate of twenty per cent. prevailed. This act was a practical abandonment of the protective principle. It was notice to the people and the world that the United States had departed from its early policy of fostering home industry and paternally caring for its internal development. Tariff was fully afloat on the sea of politics. The financial crash and industrial crush which came in 1837, united with the political revolution in 1840, which left the Whigs in the ascendant both as to the Presidency and the Congress, gave them an opportunity of again testing the merits of pro- tection, which, as a policy, found now an abiding-place in the bosom of their party only. True, they were helped by members of the opposition representing manufacturing sections, but they were also opposed by some of their members representing plant- ing sections. The act of 1842 was nevertheless a Whig measure, and was at first designed to be protective, but under the hostility of Tyler, who mercilessly used his veto, it was well-nigh shorn of its protective features and provided a schedule of rates lower than those of 1828. Such as it was, it sufficed to lift the cloud of depression which hung over the country and introduce an era of prosperity and cheerfulness not witnessed since 1832. So efficacious had this act proved that all parties took advan- tage of it during the election of 1844. Democrat and Whig were committed to it, and, if anything, Democratic pledges were 88a PROTECTION AND FREE TRADE. the loudest and longest. But the South made a savage and persistent attack on it. Mr. Polk could not get away from his section and his friends therein. The Vice-President, Mr. Dallas, did not dare break with the administration of which he was a part, and which he hoped to succeed. The tariff of 1846 was on, and had drawn a tie vote in the Senate. It had been framed so as to introduce ad valorem for specific duties, and as a strictly revenue tariff without the incident of protection. It was there- fore free trade, as far as such a thing had gone as a party tenet. It was passed by the casting vote of Dallas, much to the chagrin of his Pennsylvania political friends, and in clear violation of .the pledges of the campaign. ' I While this action led to the Whig successes of 1848, the tariff legislation of 1846 escaped interference, a state of affairs which existed up till 1857, the close of Pierce’s administration. Then under Democratic auspices the act of that year (March 3) was passed, which emphasized the free trade policy, and as the sequel proved, struck the country a cruel blow by reducing duties to the standards which prevailed before the war of 1812, and had not been reached since, except at the end of the sliding scale of 1833. The one excuse for its passage, to wit, the redundancy of revenue, was speedily met by excessive importa- tions, a paralysis of industry, and an exhaustive outpour of the specie of the country. Six months ‘after its passage the country was in the midst of such a panic as it had never witnessed. No branch of industry escaped. The ruin was universal and deep. I What had been a paramount Whig doctrine now passed to the new Republican party. judicious use of it in the campaign of 1860 aided the political revolution of that year. It was a period of war and of liberal construction measures. The tariff of 1861 r as natural to the party and the \situation. It increased duties all along the line of imports, and reintroduced the protective principle which had prevailed during the first forty years of the government. This principle has remained undisturbed ever since so far as the forms of law could preserve it. It finds con- spicuous place in the subsequent amendatory acts, as well as the Cotton seed first planted COTTON PRODUCTION. Year. Bales. 1791- 4,000. 1801— 96,000 1821-— 360,000 1831— 103,848. 1835- 1,254,328- 1840— 2.177.835- 1845— 2,394,503- 1850— 2,096,706. 1855— 2.847.339- 1860— 4,669,770- 1865— no record 1866»- 2,193,987. 1870“ 3,154,946- 1875— 3,832,991- 1880— 5,757,397- 1881— 6,589,329. 1882— 5,435,845- 1883— 6.959.000- ISM—5.714.052- 1885—5,669,021. 1886—6,550,215. 1887—63513,623. ~ A/“ \r _I III'IIIII \g: l 1" - t , , 1.‘- RM‘ .~\ ,- n‘ ~ . W" “4.41-- at Jamestown 1621; first planted in the Carolinas 1733; in Georgia 1734; in Louisiana 1742. Cotton first exported from Charleston I747. \Vhitney’s Cotton Gin in- vented 1793. .ftflll’i'" ATES. 90a PROTECTION AND FREE TRADE. leading tariff acts of 1874 and 1883. Of this last it must be said, it was the result of a non-partisan commission appointed to inquire into existing acts with a view of correcting their incon- gruities, and readapting tariff rates to our newer and wider diversified industries. In obedience to a spirit of reform, and in accord with a sentiment against prohibitive rates, or even pro- tective rates as to established industries, it, after the fullest in- quiry, recommended measures which looked to a reduction of duties to the extent of twenty-five per cent., on some articles more, on some less. The act which was passed did not embrace all the recommendations of the commission, but its report was the basis of the bill. Enough time has not elapsed to test the exact amount of reduction to be effected by the act, but it will not reach the anticipated twenty-five per cent. Possibly this fact may have emboldened the efforts of the Democratic party in the Forty-eighth Congress (1884) to accomplish the reduction contemplated in the Morrison bill, which sought to make protec- tion an incident of revenue, and to reduce the rates of the act of 1883 a sheer twenty per cent., without regard to the age, character, or condition of the industry interested. This bill, which came to be known as the “ Morrison horizontal reduction bill,” did not command'the united support of the party. Its title was stricken out, and it therefore fell, by the vote of some forty Democrats who united themselves to the opposing Repub- licans. ' FOR AND AGAINST—The earliest anti-protection or free trade argument was as to the constitutional right to protect. This may be said to have passed away. The second great free trade argument was that protection fostered monopoly. This was Calhoun’s standing argument. ‘He saw that it enured more to the benefit of free paid labor than to slave unpaid labor; in other ‘words, that its legitimate effect was encouragement of manu- facturing as against planting industries; that is, the industries which involved invention, skill and competition, as against those which did not. He was right. But the thought of denouncing that as monopoly which concerns a whole people would be too idle’ for support to-day. The word and the argument are still I PROTECTION AND FREE TRADE. 91a heard, but as the last resort of those who do not understand their origin in tariff discussion, nor their logical effect under changed industrial conditions and attitudes. The free trade argument that protection tends to higher prices was met by Hamilton theoretically, and is now met by protec- tionists with indubitable evidence to the contrary. They are in general not without fact to vindicate themselves. They point to the fact that American manufactures of cotton which sold before the protective tariff of 1824 for 24 ‘cents a yard were reduced under that tariff to 734 cents. They point—we can only give a few out of many instances—to the fact that under protection our cotton textiles are found in the best Oriental and South American markets, and that England has to resort to an adulteration of similar manufactures in order to compete with us in price. They point to the fact that under protection we have acquired a per~ fection in the manufacture of edge tools and agricultural imple- ments which enables us to compete with the English home market. They point to the fact that so long as England sup- plied us with, and had a monopoly of, Bessemer steel rails, the price in gold was $150 per ton, and that since this manufacture has assumed its present proportions in this country under pro- tection, the price has fallen to $40, to say nothing of our home development, industrial independence, and the disbursement of countless millions to American laborers. All this is actual. They argue the same as to relative cost. In the early days protection advanced prices, because industries were not sufficiently numerous to invite the wholesome com- petition which 7now prevails, But if prices advanced, so did labor, so that there was money to buy necessaries. During the low prices under the tariffof 1833, and during the panic of 1837, labor was stricken, and lay crushed with the general wreck. When prices revived under the tariff of 1842, so did the price of labor, and so it declined with the decline of prices in 1857. The point is that cheapness or dearness is relative. That well- paid labor can purchase more in a market where prices are raised by tariff duties than underpaid labor, because the necessaries of life are as a rule exempt from duty. That labor 92a PROTECTION AND FREE TRADE. cannot be well remunerated when our markets are cheapened by foreign competition, and when the capital which should be in- vested at home is drawn off to pay for imported articles. The abstract argument in favor of free trade is, that trading is a natural right—the world a market. That some countries can, by natural fitness, certainly and always produce a class of goods cheaper than others, and that it is wrong to prevent, by legisla- tion, their general sale and a general opportunity to take advan- tage of their cheapness. To this the protectionist replies that he fully recognizes this law of trade, and is willing to see it operate just so far as the goods or articles in question do not compete with similar articles, or the possibility of the production of similar articles, in his own country. That as to tea, coffee and such things as cannot be produced here, they are, and ought to be, free of duty, unless forsooth simple revenue requires such duty; but that as to the products of other nations, whose cheap- ness has been brought about by the long practice of hard pro-' tec-tive systems, or by social and political degradation of the labor which enters into them, it becomes the highest duty of the gov- ernment to avoid competition with them, that our own labor may live and our own capital find employment. The protectionist admits that this is selfish, but claims that it is the selfishness which all peoples have to exercise in order to exist, and further that it is the selfishness of the law which subordinates the rights of the few to the rights of the many, or the rights of enemies to those of friends. To the argument that other countries practice free trade, the answer is that free trade is not known among nations except in theory. That the modern drift of economic practice is against it. That England, who has set up to convert the world to free trade, is not, herself a free trade nation, but by means of a tariff on wines, spirits, tobacco, and other articles she calls luxuries, gathers a revenue sufficient for her wants. That in the past twenty years, and long after she declared free trade to be the rule as to her manufactures, she protected her commercial marine by the payment of direct subsidies, till France, Italy and Germany were compelled to do the same, and this country has PROTECTION AND FREE TRADE. 93a been made to see the folly of not doing it, by the loss of her carrying trade. The free trader claims that while some articles are cheaper by reason of our ability to manufacture them, the greater number are not, and cannot be. The protectionist says this is not abso- lutely desirable at present. That it ought to be a patriotic pride with an American to pay more for a home-made article than for a foreign one, the quality and utility being the same. That he will be more than repaid for the difference by the fact that he has thereby encouraged a home industry and contributed to a home market. That every cent which thus goes out of a man’s pocket is a contribution to the comfort of his surroundings, to the happiness of his neighbors, to the erection of homes, to the welfare of labor, to the building up of. a home market for cattle, wool, wheat, corn, butter, cheese, etc., for which there would not otherwise be a demand, or, if so, one so remote and foreign as to rob him of all profit by the cost of transportation, not to say the cost of intermediate agency. A school of free traders who are really protectionists, and of protectionists who are really free traders, have pretty nearly agreed that the true measure of protection is found in the differ- ence between the cost of an article at home and abroad. They say that this cost represents labor, and this difference the differ- ence in the price of labor, and that when this difference is covered American labor has all the protection it can ask or ought to have. The straight-out protectionist says this is illusory. It leaves capital out of the question, which is even more timid than labor. It further compels an adjustment which is impracticable, for the reason that labor is differently paid in all older countries, and because the political and social institutions of those countries are different. Where caste prevails, the laborer has no induce- ment to rise above his station, and is content to take his stipu- lated wage, however low it may be. But here he is a man, a voter, has every encouragement to rise himself and see his chil- dren rise. He has, or may have, social caste, which he is in duty bound to sustain. That therefore labor conditions are not the same, and any argument based on simple differences of labor 94a PROTECTION AND FREE TRADE. prices is unfair. Our standards ought not to be based on those abroad, but should be subject to the laws of supply and demand at home. Hamilton’s idea of protection was that it did not, and should not, invite competition of any kind from abroad, but that it depended for its equity and success on the competition it created at home. This was his answer to all argument that it favored monopoly, and it was equally an answer to the argument that either our labor or capital should be subject to foreign standards, or be gauged by foreign rules or conditions. The free trade argument that protection tends to overproduction in the United States, and to periods of depression and panic, is answered by square denial. England is as subject to periodic visitations of glut and depression as this or any other protective country. The facts are on the side of the protectionist. The year 1884 was a period of depression in the iron trade. With those who look no further, the cry of over-production byreason of too much protection answers for argument. But every iron- producing country in the world was then subject to the same de- pression, let the reason for it be what it may. And the English -iron trade was as much, if not more, depressed than all. The logic of the free trade situation required that she should be exempt. And just here the protectionist uses with most vigor the historic arguments at hand. He points to the fact that the repeal of protective laws has inevitably resulted in depression and disaster, and that a return to them has eventuated in renewed prosperity and confidence. This is certainly true of the periods designated by 1819—24, 1837-42, 1857—61. The panic of 1873 is the only historic exception, and this was due not to_those legitimate and sober relations between capital and labor which protective or free trade legislation is supposed to effect, but to speculative ramifications incident to a redundant currency, the direction of wild, unsettled, post-war energies into new and unknown channels, and the sudden recall, by the Chicago and Boston fires, of $2 50,000,000 of capital to other and imperative uses. How long protection postponed the panic, no free trader has agreed to tell. Nor has any one condescended to inform the world how much of the speedy and substantial re- PROTECTION AND FREE TRADE. 95a covery from its ruinous effects was due to the presence of a liberal protective system. But as to this panic, these things are purely local. The laws of economy do not permit simply a home search for causes which were pervasive of the commercial world. The panics of 1819, 1837 and 1857 were confined to this country. That of 187 3 was general, and far more disastrous in Europe than here. Twelve hundred millions of our bonds were held abroad. Stringency there caused a refusal of further credit. The seeds of contagious panic were sown broadcast. It was a matter of credit and not of industry. Indeed, our mills did not stop at all, or as in other panics. Banks did not break so numerously. Internal commerce was sustained. All recuperative forces had play, and the rescue was prompt. Weeven got rid of hamper- ing foreign debt. Economy became a rule. We sold more than we bought because we did not, owing to high tariff rates, become a dumping ground for foreign manufactures, as after the Revolution and the war of 1812. Many have said the panic of 1873 was a blessing. As to the American farmer, the free trader is content with the argument that he ought not to be made to pay high prices for the commodities he uses. The protectionist points to the fact that all manufactured commodities are on an average twenty-five per cent. cheaper than before 1860, and that then some eighty per cent. of them were made abroad and twenty per cent. at home, while now eighty per cent. are made at home and twenty per cent. abroad. Even if prices for these manufactures were the same, the farmer has gained by protection the advantage of a home market for his produce, that is, a saving to the extent at least of the cost of transporting it to markets three to five thousand miles away.‘ Transportation is always dead loss. Our home market is the one the farmer should foster. It is certain, is at his door, is growing as fast as our own manufactures, is already large enough to consume eighty per cent. of our wheat and ninety—two per cent. of our com, and even as to our surplus is being fast forestalled by the English design to get cheap food for her workmen through Australian and East Indian wheat. 96a, PROTECTION AND FREE TRADE. It is impossible to follow the many minor arguments used by free traders and protectionists. Nor is it necessary. Many of them are individual, many shaded to suit party bent, many demagogic. It is equally impossible to go through the hard chap- ters of political economy, written to prove the absolute rectitude of either free trade or protection. Whatever may be said of them as abstract questions, nations are relative. They exist and prosper by their relations. Independence and prosperity are de- sirable. This country had to face the problem of political inde- pendence. Peace was beautiful and desirable, but peace meant humiliation, subserviency. The protective agency of horrid war had to be evoked. Political independence was the beginning of a grand commercial and industrial battle. We have learned to trust the agency of protection to win this victory also. It is the old question, in another form, of peace and subordinancy, or legal, industrial war and second independence. The weapons of Great Britain alone are countless millions of capital and machinery equal to the labor of seven hundred millions of men. We must meet this mighty menace, or suffer overthrow. To exist indus- trially we must earn the right to exist. Eternal vigilance is the price of our industrial liberty. If overcome in the struggle, let it not be said of us that we were too spiritless or too fond of dreams to try the arts of protection which have raised other nations to opulence and commercial independence. The modern era of American protection began with the tariff of 1861. It was slightly affected by the Act of 1874, and further by the Act of 1883. The latter Act enlarged the free list and lowered duties on many leading articles. It was designed to reduce the income from customs about $25,000,000. This it did not do. For three or four years there was a material reduction, but by 1888 the income was as high as in 1883, or about $214,000,000. It would seem, therefore, that as an economic fact the lowering of rates of duty does not necessarily eventuate in a reduced income from customs. ' - This era is worthy of profound study by all economists, for it has answered many questions respecting tariff and free trade. It has witnessed the roots of protection sinking deeper and deeper PROTECTION AND FREE TRADE. 97a, into our industrial and commercial system, and becoming an essential part of it. It saw without alarm the insertion of a clause in the Constitution of the Southern Confederacy prohibit- ing forever the duties on imports, which clause was by no means unnatural considering the necessity for propitiating foreign senti- ment, the fact that the same Constitution provided for unpaid labor, that a single product of the soil was to enlist the energy of the people, and that home manufactures were not contem- plated. It braved attack by theorists, politicians and parties at at home, and by secret enemies abroad, and only yielded to modification at the hands of its friends, and when the occasion seemed proper. During ‘ten years of Democratic ascendency in the national House of Representatives it was impossible to carry through even so apparently innocent a measure as the Morrison twenty per cent. “horizontal reduction” bill, yet the tariff of 1883 became possible by reason of the small and temporary Republican majority in the Forty-seventh Congress. This era has developed a policy of protection, which is, that the proper duty to impose on an imported article is one which most nearly equalizes the labor that enters into its production. Thus the old questions of monopoly, of making the “ rich richer and the poor poorer,” of discriminating in favor of the few and against the many, have largely resolved themselves into the single question of protecting American labor. It is well known that labor in Great Britain and on the Continent of Europe is from one to two hundred per cent. lower than here, and a large part of the economic statistics gathered abroad for the past few years by our consuls and others have been for the purpose of showing precisely the difference between American and Euro- pean labor as it enters into specific articles of manufacture. The era has enabled both economists and politicians to run instruc- tive parallels between the respective protective epochs of the country and to draw still more valuable contrasts between the free-trade and protective epochs. What followed the low tariffs of 1816, 1832 and 1846 can be safely counted on as following similar sweeps toward free-trade—closed mills, furnace fires out, farmers bankrupt, the laborer a tramp, disaster and ruin every- 40 98a PROTECTION AND FREE TRADE. where. The protectionist claims this result to be inevitable, a law established by early experience and absolutely confirmed by later. He points with fervor to the vindication of his most san- guine theories which this era affords—to the factory doubling the price of adjoining farms; to the village growing by the mill and bursting into a city; to the railroad and new marts of trade; to quick and almost universal intercommunication; to the de- velopment of our incalculable natural resources, and to our vast manufactures better than any in the world, and as cheap save only in the wages which enter into them. And he triumphantly claims that if the duty on importations is the bounty to labor which lifts it above the degrading and dangerous conditions of Europe, and enables our artisans to retain their self-respect and independence, it is the Republic’s best investment. This protective era had lasted for more than a quarter of a century without serious disturbance when, at the beginning of 1888, it witnessed a closer disposition of the protection and free- trade lines and bolder and squarer fronts than ever before in our political history. This came about by reason of the annual mes- sage of President Cleveland to the Fiftieth Congress in Decem- ber, 1887. ‘This celebrated state paper was devoted almost wholly to the tariff system and tariff laws, and was very decided in its opposition to the principle of protection as well as to ex- isting rates of duty on wool and all articles ranking as neces— saries. The message had the excuse of a superabundant revenue which all political parties were anxious to reduce, but respecting methods of doing which they were wide apart. Whatever other excuse it had must be looked for in the President’s solemn econ- omic convictions, or else in the necessity for a decided and affirm- ative party polity. The outcrop of this message is an historic study. Itwas an earnest, candid paper, and its form of presentation as well as its time declared it to be in the nature of an address to the Ameri- can people through their representatives in Congress assembled. It therefore had all the weight of a deliberate and special an’ nouncement. Its reasoning was that which has already been given in this history as common to free-traders—the tariff system PROTECTION AND FREE TRADE. 99a, was “ vicious, inequitable and illogical ; ” it tended to monopoly; it made consumers pay for necessaries a price equal to the cost of production plus the duty; it was an unnecessary system as then sustained, since the government had more revenue than it could use. The immediate and visible effects of the document were three- fold. Ist. It was accepted with great pleasure by the free-traders, who received from it an amount of encouragement such as had not been extended by any administration since 1846, if ever. Without reference to the conclusiveness of its logic, they accepted it as foreshadowing an agreeable line of policy for the adminis— tration and the party, and as inviting a trial of political strength between the free-trade and protection doctrines pending the next presidential election. So regarding it, they, with becoming frankness and in a spirit of jubilation, hailed it as marking if not the end of the protective era at least the beginning of an epoch in which they could assume an active affirmative without the usual clogs of political policy and hindrances of party expediency. There was henceforth to be nothing vapid or dream-like in their proclamations nor disguised in their attitude. Their press praised the President for his manly utterances and the message became oracular from their standpoint. 2d. A second immediate effect of the message was that pro- duced in England and reflected back to us almost instantly by cablegram and newspaper. Historically, economically, politi- cally, indeed, however considered, this effect is most serious to us as showing a schooled impression of the significance of such a departure as the President’s message indicated, as well as showing the deep warmth of admiration inspired in the bosom of free-trade England by American acceptance and inculcation of her commercial theories and industrial practices. But let this foreign free-trade sentiment speak for itself. It may be taken for granted that the President has not acted without previ- ously consulting the leaders of the Democratic party and securing their approval. He and they have taken up again the old free trade policy of the South Carolina politicians, unconnected with what, in the jargon of American politics, was called the sectional question—Saturday Review. His terse and telling message has struck a blow at American protection such as could never have been struck by any free trade league. He has fired a shot at pro- 100a, PROTECTION AND FREE TRADE. tectionists which will be all the more effective for his refusal to discuss the theoretic issue.— Tlge .Slpeez‘ator. When the inevitable consequences of adherence to a protectionist tariff are set forth by a man in Mr. Cleveland’s position in the language which he has used, free trade becomes at once a living issue—London Standard. It is calculated that to give effect to Mr. Cleveland’s policy duties to the extent of $80,000,000 a year, or two-fifths of the entire customs revenue, must be surren- dered. This may not establish “ free trade” in the strict sense of the term, but it will to a great extent make trade free—London Times. We must regard the message of the President of the United States as being a distinct pronouncement in favor of free trade—London Post. To convert the United States is indeed a triumph. The Cobden Club will hence- forth set up a special shrine for the worship of President Cleveland, and send him all its publications gratis. Cobden founded free trade; Cleveland saved it.—Cao/e- gram lo IV. R. Herald signed “A Mernoer of Parliament.” His real meaning is that the scheme by which the artificial fabric of domestic enterprise has been built up in America is fundamentally vicious. He demands in effect that there should be a tariff for revenue purposes only.-'—London Ironmonger. The message of President Cleveland to the United States Congress is the prelim- inary to a movement which, we trust, will gain in strength.- The London Iron. The facts set forth in the President’s message, though not new, are now brought so prominently under the notice of the American Congress and the American citizen that a violent stimulus must be given to the party which advocates entire freedom of trade—London Iron and Steel Trades yournal. It is certain that another fierce contest is now pending in America over the prin- ciples at issue. If it terminates, as is to be hoped it will, in the relaxation of those imposts which now vexatiously hamper commercial intercourse between Great Britain and the United States, an impetus will be given to our home trade which will go far to make up for the depression of late years.—Haddz'ngtons/zire (Seat/and) Courier. “It is a condition which confronts us; not a theory.” Precisely so. Similar words have been used in this country by Adam Smith, Richard Cobden and Sir Robert Peel. President Cleveland has precipitated the inevitable struggle between free trade and protection in the United States, and that is tantamount to saying that he is on the side of free trade—Glasgow Herald. , If once the United States finds herself on the road to free trade she will hardly know where to stop, for the principle which President Cleveland, as the head of the Democratic party, lays down is really that no import duties are justifiable which are not levied solely for revenue.- T Ize Scotsman. . The tariff reform which the President recommends goes as far, at least, as the abolition, or reduction, of duties on raw materials. Should Congress give effect to this proposal the immediate result would be an enormous stimulus to English indus- try.—Pe0ple’s (Dundee) yournal. English free traders would be well advised if they moderated the ecstacy of their jubilation over President Cleveland’s message. Every word which they say in its favor will be used as a powerful argument against the adoption of its recommenda- tions—London Pall Mall Gazette. 3d. The message made a deep impression, amounting almost to alarm, on the manufacturing community, while the protection- ists, in so far as they found exponents in the leaders of the Re- publican party, regarded it as a challenge to contest to the death before the people for the supremacy of free trade or protection. After the first flushes of surprise, occasioned by so heroic and PROTECTION AND FREE TRADE. 101a, unusual a paper, had passed away, the gauntlet thrown into the lists was cheerfully taken up by statesmen and economists, and the protective doctrines were carefully overhauled and presented _ anew in the halls of legislation, in magazine and pamphlet, in ponderous book and enthusiastic campaign speech. What became known as the Mills tariff bill, supposed to have been framed for the express purpose of meeting the President’s views, and which made heavy breaches through the Act of 188 3, was reported to the House of Representatives about March 1, 1888. It proved to have been hastily and crudely devised, yet was anxiously and resolutely pushed by its friends, who saw the necessity of committing their party to it before the meeting of the Democratic National Convention at St. Louis, June 5, 1888, if they expected to secure the renomi'nation of Mr. Cleveland, who had made himself their especial favorite. The wars of argu— ment pro and con made valuable contributions to the literature of “ Protection and Free Trade,” and it is doubtful if any period in our political history ever witnessed greater earnestness in dis- pute or a firmer determination on the part of leaders to measure the strength of their respective parties by protection and free trade issues. While the arguments in general were such as we have been made somewhat familiar with in this historic review of “ Protection and. Free Trade,” those advanced by the Repub— licans, who regarded the protective system as their own and the subject of direct attack, were given especial freshness and force by reason of their familiarity with the questions involved. They corrected the President’s blunder that 4,000 articles were subject to duty by showing that the entire dutiable list did not exceed one-third that number. To the charges that the tariff was a tax “ wrung from the peo- ple for the benefit of our manufactures quite beyond a reasona- ble demand ; ” that manufacturers were “ organized combinations to maintain their advantage; ” that duties were “ taxes fastened with relentless grasp upon the clothing” of the people—the pro- tectionists showed that out of our $683,418,981 of importations in 1887, $23 3,093,659 came in free of duty, being over one-third of the whole, and that this free list embraced goods we could 102a, PROTECTION AND FREE TRADE. not produce at home, and which could not compete with our own manufactures. _ They further showed that the $450,000,000 worth of articles upon which duties were levied were mostly of the high-priced kind and ranked as articles of luxury, ornament or appetite, such as wines, liquors, cigars, silks, satins, dresses, broadcloths, porcelain, statuary, painting, glassware, diamonds, etc., the duties on which were paid cheerfully by the rich alone. And further, that the value of all the imported articles which could possibly affect the comfort of our poor, such as sugar, fruit, rice, animals and other food supplies, amounted to only $112,- 000,000, upon which a duty of $65,000,000 was collected, but that, strange to say, no free trader had been found bold enough to insist, first of all, on entire removal of the duties from these articles, nor even, secondarily, without providing a government bounty for those whose unprotected industry would be destroyed by foreign competition. The free-traders singled out “ raw materials used in manufac- tures ”_ as especially worthy of a place on the free list. These are wool, flax, hemp, seeds, iron ore, pig-iron, coal, marble, etc. They were imported in 1887 to the extent of $80,000,000, and paid a duty of $29,000,000, or about 36 per cent.——a low relative rate. Their claim was that the free importation of these articles would protect and benefit home manufactures. To this the pro- tectionists answered that the free list already contained $106,- 389,000 of such articles; that the above $80,000,000 on which ~ duties were still levied were such as came into direct competition with the products of 2,000,000 of American farmers and hun— dreds of thousands of laborers in shops, mines and furnaces; that such duties had been advocated by every President from Washington to Polk; that labor was a prime object of protection according to the best protective logic and very latest protective policy; that while these articles were usually classed as raw ma- terials by factory-men, they were really not so to the farmer, miner and furnace man, for they represented the labor and skill of the latter and were as much their completed products as the finest outputs of the final manufactory; and finally, that as the principle of protection applied to all labor alike, no good reason PROTECTION AND FREE TRADE. 1034 could be given why wool should be made free and woolen goods protected. Wool is as much the completed article of the farmer as cloth is of the manufacturer or the coat is of the tailor; and so pig-iron is as much the completed article of the furnace man as the watch-spring is of the shop. If the American farmer is to be thrown into competition with the wool grower of Australia or Buenos Ayres to the destruction of his fleece and flocks, why should the American manufacturer be protected against compe- tition with the looms of Manchester and Leeds? All thought of drawing a line between grades of labor or different kinds of industries must be reprehensible in the extreme, for that would be to foster the very monopoly and class favoritism which free- traders had always condemned. As to the free-trader’s assertion that tariffs were put in opera- tion for the benefit of privileged classes, the protectionist replied that no system of American protective legislation was ever de- vised in the interest of a class, but for the general development of the resources and the encouragement of the industries of the country. If classes took advantage of the system, or if capital was emboldened to go out in certain channels under the system, that was a matter which did not concern the prime object and could not be controlled by legislation. England’s tariff system did not build up her landed aristocracy, but tended to break it down by increase of her general wealth and its distribution among a greater number of persons. ' What particularly intensified the tariff discussions of 1888 were the facts that President Cleveland not only fairly, fully and boldly stated the case of the free-traders in his message to the Fiftieth Congress, but fortunately or unfortunately singled out certain articles of import as best calculated to prove his argu- ments in favor of reduced duties, and among such articles wool was made significant because it entered into clothing, an article of prime necessity. The President’s suggestion that the reduc- tion of the duty on wool would help to reduce the surplus revenue was answered by figures furnished by the tariff of 1883. In that year wool to the value of $8,915,149 was imported, the duty on which was $3,206,201. During the fiscal year ending 104a, PROTECTION AND FREE TRADE. june 30, 1887, wool to the value of $18,206,988 was imported, on which a duty of $6,390,055 was collected. Yet the rate of duty on high grade wools was fully 10 per cent., and on low grade wools fully 15 per cent., lower under the tariff of 1883 than under the previous tariff of 1874. The effect of that reduction was manifest in another way, too. In 1883 there were 50,360,- 243 sheep in the United States, yielding 262,000,000 pounds of wool. In 1888 there were 44,759,314 sheep, yielding 228,300,- 000 pounds. As a leading protectionist jocularly put it: “If a reduction of 15 to 20 per cent. in the duty on wool slaughtered 5,600,000 sheep in five years, how long would the remaining 44,500,000 sheep survive an entire repeal of the wool duty ? ”’ When the free-trader made his argument general, that reduced duties would reduce the revenue from customs, he was answered by figures from the Report of the Secretary of the Treasury showing that the customs’ income from iron, steel and silk im- ports increased after the act of 1883, though that act lowered the rate of duty. The same with knit goods. In 1881, 1882, 1883 the imports of knit goods were 1,318,807 pounds, paying a duty of $1,722,483. The act of 1883 lowered the duty on these goods from 10 to I 5 per cent. Yet the years 1884, 1885, 1886 showed an import of these goods of 3,433,480 pounds, an increase of 2,1 14,573 pounds, and a total duty of $3,617,864, or an increased revenue of $1,894,881. Still more striking as to worsted goods. The act of 188 3 itself, and what was claimed to be an erroneous classification under it, reduced the duty on worsted cloths 15 to 20 per cent. In 1882 the importation of these cloths was valued at $500,000. In 1887 they were imported to the extent of $5,000,000. The increase of revenue from this 20 per cent. re- duction of duty alone was 500 per cent. To the free-trade doctrine that a reduction of duty lowers the price of home manufactures to the consumer, and an increase of duties raises their price to the consumer, the protectionist re— plied with facts and figures, all of which were curious and some of a startling nature. Confessing that if the free-trade position was a true one, the policy of protection could not but be a bad one, he challenged the free-trader to show a single manufactured SAMUEL J. RANDALL. GEORGE E EDMUNDS .. 4.0? / / 2 . . ., f/e. / \ \vv\\\\\\\\_ \ ./. .u.\\\~» ‘I. \ ._ \ ._. /.././,/./.././w . / // ,/ // ,2, a 6 L7 / . f , .INGALLS JOHN ] JOHN G. cARLIsLE. 105a 106a PROTECTION AND FREE TRADE. commodity that was not cheaper in the United States to-day under our protective system than it was in 1860 under the free- trade, or “ tariff for revenue only," system. He showed, further, by comparative figures, that nine-tenths of the manufactured com- modities used by the farmers and artisans of our country, such as clothing, household goods, furniture, implements of husbandry, tools, etc., are as cheap in this country as in England, and in many instances cheaper. This comes about naturally, for two reasons, one, at least, of which is often overlooked. (1) A heavy part of any duty imposed on imports is neces- sarily borne by the foreign producer who, in order to enter a protected market at all, must reduce the price of his goods and sacrifice a part of his usual profit. No one pretends to say that an English manufacturer of iron, woolens or silks would bill his goods to an American importer for as great a price under a high tariff as if the tariff was removed and he had the whole market to himself. This much then of the tariff tax is paid by the foreigner, and it is often a large per cent. of the duty imposed. (2) The balance of the tax, or duty, is more than met by the home manufacturer, by reason of the competition he is forced to encounter just as soon as home manufactories are estab— lished. Speaking of the American proposition to increase their rates of duty under the tariff act of 1842, Mr. Bright said in a speech in the English Parliament: “America as an independent country has been a more valuable customer to England than she could possibly have been as a colony. On all the goods exported to America during the last quarter of a century you have made a‘ net profit of 40 per cent.” The American manufacturers of cot- ton, wool and silk goods cleared a very small per cent. profit from 188 3 to 1888, and it is very questionable whether an annual profit of over ten per cent. is now possible in this country on any thoroughly established manufacture. , In 1860 a square foot of plate-glass cost $2. 50. A duty of about 58 per cent. was placed on it by the tariff of 1861. A square foot of plate—glass can now be bought for $1.00. The industry has grown enormously and employs thousands of men at high wages. - ... . 4.... . . 1.08.0...” I. \\‘ \‘\ \ ‘ a Q ,1 \ 1 U 1 C t G as. . MORRILL. o ‘it I; Huonoanaflunanoiflooou s ooooo'ooo/h 0000 i9 o O 00 O I! O I! 00 O IIIO»OO 0 0 $33.. is... ‘I!’ ‘O’ ‘I I IUSTIN S \I' |,\ . I .. I “I I’ 1111' ON’ ‘ha, . I! 0"]! I ./. O 0 I I! 6 I .. . u¢-V$V/. ‘to! \\\\ a“ ‘ ‘ 1‘- ‘\ .\\‘\\ I... 0 O! 9! .0 dentin‘. O I Q. no ‘D WM. D. KELLEY. THOMAS B. REED, RDGER Q. MILLS. 107a 108a, PROTECTION AND FREE TRADE. In 1860 salt was free of duty. The price at Chicago was $2.00 per barrel. The tariff of 1861 placed a duty of 8 cents per 100 pounds on it. It sold in Chicago in 1880 at 75 cents a barrel, and-in remote Western marts in 1887 at 60 cents a barrel. In 1860 there were three mills in the country running on, worsted cloths at poor wages and with an insignificant output. The tariff act of 1861 imposed a heavy duty on worsted products. In 188 3 there were 5,000 looms, employing 75,000 workmen, consuming 50,000,000 pounds of wool, producing 15,000,000 yards annually, with a capital of $20,000,000. Worsted cloths were then 40 per cent. cheaper than in 1860, and the total im- port was only $500,000. After the lower rate under the act of 1883 the imports of worsteds increased to $5,000,000 in 1887, and one-third of our looms were idle. In 1860 pottery-making employed two to three thousand people, and carried a duty of 24 per cent. The tariff of 1861 laid a duty ranging from 40 to 55 per cent. By 1888 the industry existed in every State in the Union except Florida, and as much could be bought for $2.50 as for $4.00 in 1860. The act of 1861 protected cotton goods heavily, and their price was neverso low as in 1888. American cotton goods are the cheapest and best in the world’s markets. In 1860 only 4,000 workmen were engaged in the silk business. Under the-protec- tion of 60 per cent. afforded by the act of 1861, the industry em- ployed, in 1888, 40,000 workmen, $17,000,000 capital, and turned out a product of $50,000,000 annually. Prices declined 56 per cent. on silk thread, 62 per cent. on handkerchiefs, 54 per cent. on ribbons, 50 per cent. on laces, and 30 to 35 per cent. on dress- goods. V Until within a few years soda-ash was imported at a cost of $48 per ton. A duty of % cent a pound brought English capital over to help develop the Syracuse salt region. In two years the price fell to $30 a ton, and the product competed with English soda—ash, though wages paid here was $1.75 per day and in ' England $1.00. And'so the protectionist ‘multiplied his instances to show that duties did not necessarily increase the cost of goods to the con- PROTECTION AND FREE TRADE. 109a, sumer, till he nearly exhausted the list of dutiable articles. It was admitted that sugar was an exception. It was simply an article upon which a quick and sure revenue could be raised. On this principle it had been made to stand a war rate of duty, which the protectionist now asked to have modified, but which the free-trader did not insist upon lowering, at least not until he had first secured a reduction on other classes of articles. ' The protectionist even carried his figures to the point of show~ ing that entire removal of a duty and the introduction of an article to the free list did not necessarily eventuate in a cheap- ened price. He instanced tea and coffee. The former paid a duty of 15 cents a pound under the act of 1870 and the latter a duty of 3 cents a pound. The act of 1872 abolished both of these duties and made them free. Six months afterwards the I common grades of both tea and coffee averaged a cent a pound higher, and neither have been so cheap since. Of the ten mil- lions of dollars which the coffee duty brought annually into our treasury we not only entirely deprived ourselves, but actually be- gan to pay it to the Brazilian government, which imposed an export ‘ tax on coffee just as soon as it learned that the United States had removed the duty from it. And this argument would hold true, said the protectionist, on every article not produced in the United States, or upon which the foreign producer could avoid our home competition. THE POOR MAN’S WA GES—The free-trader drew this picture: “The poor man receives his wages at the desk of his ‘ employer, and perhaps beforeihe reaches home is obliged, in a purchase for family use of an article which embraces his own labor, to return in the payment of the increase in price which the tariff permits the hard-earned. compensation of many days of toil.” The protectionist would allow no such bid as this for the favor of the poor man to stand, but showed by figures, cov- ering nearly every branch of industry, that the American laborer received as wages from 50 to 150 per cent. more than in Europe; that food of every kind—beef, pork, mutton, flour, butter, cheese, bacon, etc., except sugar—is cheaper in America than in European markets; that clothing, cotton and woolen, worn by working- 110a, PROTECTION AND FREE TRADE. men, including blankets, etc., is as low here as in London or Liverpool. It is only the expensive grades of cloth and cloth- ing that cost in England and on the Continent less than in the United States. The quantity and quality of food of laboring men is confessedly greater and better here than in Europe. The American laborer does not travel eastward across the ocean to better his condition, but the European laborer comes to America, where labor is respected, and is better paid, fed and clothed than in any part of Europe or Asia. As to the Ameri- can workman, therefore, the question of the tariff is purely one of wages. There are many articles of manufacture which are nearly all labor. A ship is said to be 90 per cent. labor. A ton of coal, or of pig-iron, or even of Bessemer steel, is in great part labor. So of a long list of manufactures. Leave these articles unprotected by a duty, and the labor that enters into them and gives them their chief value is thrown open to competition with the cheaper labor of foreign countries. This the American laborer is not prepared to stand, for here he is a citizen, not ground down by caste, with tastes and ambitions of his own, perhaps paying off on a little home, or depositing in a savings bank, and trying to give his children opportunities he did not himself possess. MATERIAL GRO WT H—The free-trader threw great stress on the argument that the tariff system conduced to organized combinations, such as trusts, to regulate the supply and main- tain the price of commodities. The protectionist replied, when- ever such result is proved, and is oclearly traceable to the tariff, abolish "the duty at once, and let such commodities come into competition with the world’s goods. But beware of this heroic remedy, for it strikes at labor as hard as at monopoly. Labor itself is often in as formidable a combination as capital, and the blow may crush it. But unjust and unlawful combinations, whether of capital or labor, are not a necessary result of tariff legislation. They would exist without tariff laws, and the so- called trusts do exist in many industries unaffected by such laws —as in petroleum, cotton-seed oil, domestic whiskey, etc. The mention of them by the free-trader was only for the purpose of PROTECTION AND FREE TRADE. 111a raising false impressions, and diverting attention from the real object of tariff laws and the substantial advantages of a protec- tive system. This could not be successfully done, for protection ‘ had reared monuments of industry, enterprise and development to such a height as that their summits could never be obscured by clouds of rhetorical dust about their bases. Pointing to the experience of the twenty-five years between 1861 and 1887, the protectionist asked judgment on the practical workings and grand results of his policy. What was seen therein was the fulfilled prophecy of such statesmen as Washington, Hamilton, Jefferson, Madison, Jackson, Clay, Webster, and Calhoun when in 1816 he made his famous appeal in favor of the protection and importance of manufactures to the “national strength and perfection of our institutions,” and in “binding more closely our widespread republic.” And what was seen in reality was something which startled the world and vindicated the wisdom of that fatherhood which the government had chosen to extend toward enterprise and en- lightenment in the shape of industrial and commercial protec- tion. Despite the fact that during those twenty-five years mil- lions of men were, for four years, turned from producers into destroyers, that human lives were sacrificed by the hundreds of thousands, that treasure was expended and property destroyed by the billions of dollars, the country increased in population at the rate of 1,000,000 a year, or at a greater rate than England, France, Germany and Austria combined. Our wealth grew from $17,000,000,000 to $43,000,000,000, or at the rate of nearly $1,000,000,000 a year. Mulhall, the English statistician, who shows no favor to us, says this republic for a quarter of a cen- tury has laid up every year $88 5,000,000—almost half as much as the saving of the whole world. He gives the last annual product of Great Britain’s manufactories, mines and forests as $4,500,000,000, an increase of 30 per cent. since 1850. The same products in the United States, as appears by the census of 1880, were valued at $5,500,000,000, an increase of 160 per cent. since 1860. Since 1860 our farms have doubled in number, increased in value from $6,ooo,ooo,ooo to $Io,ooo,ooo,ooo, while 112a PROTECTION AND FREE TRADE. their product has increased from $1,800,000,000 in 1860 to $3,ooo,ooo,ooo in 1880. In 1880 the entire product of Great Britain, farms and all, was $6,200,000,000, or $172 to an inhabitant. She exported during that year $1, 300,000,000, leaving consumed at home $136 to an inhabitant. For the same year the entire product of the United States was valued at $10,000,000,000, or $200 to an inhabitant. Of this vast product $9,176,000,000 were consumed at home. Our home market consumed more than Great Britain’s home consumption and exportation combined, and more than double the combined exports of Great Britain, France, Germany, Russia, Holland and Austria. Beside this amazing consumption of home products we imported from other countries, in 1887, goods to the value of $700,000,000, as against $335,000,000 in 1860; and exported goods to the value of $750,000,000, as against $373,ooo,ooo in 1860. ' In the light of these stupendous facts the protectionist claimed that all free trade arguments must appear weak and trivial, and this especially when they were aimed at a system which, con- ceding all its incongruities and shortcomings, had become thoroughly grafted into our business thought and habits, had for a generation produced a bounteous stream of revenue, ena- bling us to meet the vast expenditures of civil war, sustain and improve the public credit, and rapidly reduce a public debt of enormous proportions without severity or distress, and that had increased and diversified our manufactures till they produced every article of necessity or desire at a gradually reduced cost to the consumer, at the same time making easy and rapid car- riage and intercommunication possible by extending the railroad mileage of 30,600, in 1860, to 137,000, in 1888, or more than six times the mileage of Great Britain. ‘ .'-v "u! r ' rain ‘P ‘( Niveas" 6; ll .llllllil“ Jaw-F ' ' o- xvq‘. ~,_ . a.“ ‘1% a s :a ‘ 7 \‘ ~ "‘\_.'.~A>\n$_“ “‘ ‘“‘uy . . .:“l‘\~_.§; z: “ 'r .v_;-'r.\\I . 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