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YALE UNIVERSITY
LIBRARY

LIFE OF
GENERAL LEWIS CASS.
BY WILLIAM T. YOUNG.

SKETCH

LIFE AND PUBLIC SERVICES

GENERAL LEWIS CASS

WITK THE

PAMPHLET ON THE RIGHT OF SEARCH,

AKD SOME OF HIS SPEECHES ON THE

SEE AT POLITICAL (QUESTIONS OF THE DAY. '

BY

WILLIAM T. YpUNG,
MICHIGAN.
t

SECOND EDITION. VOi,,

PLlCAl5>

DETROIT:
PUBLISHED BY ALEXANBER MC'tARRKN.
1852.

7>gU

Entered according to Act of Congress, in the year 1851, by
WILLIAM T. YOUNG,
In the Clerk's Office for the District of Michigan.

. Gi W. PATTISON, Agent,
COMMEKCIAL BULLETIN PKIHTING HOUSE,
Detroit, Michigan.

TO THE
PEOPLE OF THE UNITED STATES,
THE '
FOLLOWING SKETCH OP THE PUBLIC SERVICES
OF THE SOLDIER  THE DIPLOMATIST — THE STATESMAN,
AND NATIONAL DEMOCRAT,
IS RESPECTFULLY DEDICATED.

PREFACE

A desire to present a fair and impartial history of the
public career of one of the greatest of American States
men, has prompted the compilation ofthe following pages.
However great may be the difference of opinion, politically
regarded, between the reader and the distinguished sub
ject of the work, the former cannot but feel a just and
honorable pride, in the successful career, the command
ing position, and the statesmanship of his countryman'.
Whether he be viewed at the bar, on the battle field, as
civil governor, in the cabinet, at the foreign court, or in
the senate, he stands forth a noble monument ofthe re
wards of industr}'^, integrity and patriotism, — a cheering
example to the young men of the Union, to strive to fol
low in his path.
The writer prefers no claim to originality in the produc
tion of this work. The history of Lewis Cass is to be
found in the public records of the country ; the effect of
his services, in her progressive prosperity at home, and in

VIII PREFACE.

her unstained reputation abroad. To collect the scattered
history of his many and valuable services, has been the
object most in view.
The appearance of this book, at this time of political
excitement, when we are just on the eve of a Presidential
election, may be considered as stamping the work with
a partisan character; but such is not its tenor, or the pur
pose of its publication.

TABLE OF CONTENTS

CONTENTS

CHAPTER 1.

introductojy Rejnarlis — Birth of Mr. Cass — His Parentage — Education — He emi
grates to Ohio — Enters upon the Practice of the Law— His Success — \'olun-
teers in Defence of the Frontier — War of 1812 — Invasion of Canada — Col.
Cass' heroic conduct in Canada — Defeats a party of British Soldiers near
Maiden — Secures an Important Post— Orders of Gen. Hull — Is compelled to
give up the advantages of his conquest, and return with the army to Detroit.
Page 17

CHAPTER n.
Battle of Brownstown — Battle of Maguaga — Col. Cass volunteers to accompany
a detachment through the wilderness to the River Raisin — The Surrender
of Detroit — The detachment ordered to return — Indignation of Cols. Cass and
McArthar — Their Return lo Detroit — Letter of Gov. Meigs — Resolutions of
General Assembly of Ohio— Official Letter of Col. Cass to the War Depart
ment. Page 29

CHAPTER ni.
Effect of Surrender of Detroit — Volunteers of 1312- Symms' " Card " — Indian
Warfare — Cruelties of the Savages — The Massacre at the River Raisin — The
Defence of Fort Stephenson by Croghan and his brave compeers. Page 53

CHAPTER IV.
Reception of Col. Cass at Washington — His promotion — Confidence of the Gov
ernment in him — Is apppointed Brigadier General — He joins the army under
Harrison — Harrison assigns to Gen. Cass the command of the army at its de
barkation on the Canada shore — Proctor's flight — Movements of the army in
Canada— Battle ofthe Thames— Gen. Cass, with Com. Perry, acting as aids to
Gen. Harrison — Defeat and flight of Proctor— Is pursued by Gen. Cass — Har
rison's testimony to the personal exertions and bravery of Gen. Cass — Gen.
Cass is left by Harrison in command at Detroit— Is appointed Governor of the
Territory by President Madison — The responsibility of his Office— His quali
fications—The attachment of the Citizens of the Territory— His journey to
Albany in midwinter. ' Page 64.

211^ CONTENTS,
CHAPTER V.
Colonel Cass as Governor of Michigan Territory— The arduous duties of his
Office— Examination of Upper Michigan— Is requested by Government to as
certain the disposition of the Indians in Ohio in regard to disposing ol their
Lands— Is appointed Coramissioner— Concludes an important Treaty— Urges
the construction of a military road through Ohio— Number of Treaties made
and concluded by Gov. Cass with Indian Tribes— Tour by way of the Lakes to
the head-waters of the Mississippi — Leaves Detroit in an open boat — Navigates
the Great Lakes in a canoe— Perils of the Route— Personal exposure of Gov.
Cass in resenting an insult to his Country's Flag— His determination and the
successful results of his expedition — Is appointed to negotiate Treaties of
Peace between hostile Tribes — Accomplishes his purpose — A novel Temper
ance Lecture — Treaty at Fond du Lac — Gov. Cass' address to the Pottawato-
mies and Miamis. Page 78

CHAPTER VI.
Joirney to Lake Winnebago — Hostile feeling among the Winnebagoes — Attack
on the Miners — War Messag-es — Gov. Cass organizing the Miners for defence —
Alarm at Fever River — He goes to St. Louis — Anxiety at Green Bay for his
safety — Rumors there ofhis death — Arrival at Green Bay — Treaty of Butte de
Morts — Occurrence at ithe Treaty — Personal danger at Indian village — Provi
dential escape — Removal of Troops, cause ofthe Indian difficulties — Succes
sive appointments of Gov. Cass — His civil administration — His freedom from
religious intolerance — Tribute to the Catholic Missionaries — Satisfaction-of the
people with his administration — Secret of his success — His viev^a on appoint- ¦
ment to office — First Legislative Council of the Territory — Gov. Cass calls
attention to the existence of Copper oa the upper Peninsula — Removal of the
New York Indians — Visits of the Indians to the British post at Maiden — He
attempts to prfevent lhem.5 Page 93

CHAPTER VII.
Message to the Legislative Council of 182C— Boundary line betweea Michigan
and Ohio — Constitutional Convention — Action of Congress in defining bounda
ry as a condition of admission of Michigan into (he Union— Action of the two
Conventions— Final admission— Democratic tone of Gov. Cass' messagres .
Page 108

CHAPTER VIII.
<5ov. Cass is called by Gen. Jackson to the Head of the War Department— Mo -
tives prompting the selection of Gov. Cass— The popularity ofthe New Cabi
net-Proceedings ofthe citizens of Detroit on the departure of Gov Casa for
Washington— Address of Major Biddle in behalf of the people of Michigan-
Reply of Gov. Cass— He assumes the duties of the Department— His Indian
policy while Secretary— Black Hawk war— His preparations to bring the con
test to a speedy close— Reforms introduced by Gov. Cass In his Department -
Their popularity— The Indian difficultifis in Georgia— Decision of the Supreme
Court of the United States reviewed by Gov. Cass— His position sustained bv
the people and adopted by the President— Defences of the Country— Gov
Cass' views on the subject— Controversy between the Bank of United States
and the Administration— Wullification—.Action of the Administration. Page 115

CONTENTS. XII I
., CHAPTER IX.
Gov. Cass accepts the embassy to France — He departs on his mission — His vigi
lance in guarding the rights of his conatry — He thwarts the attem pt of the
English Ministry to obtain universal dominion on the high seas — His examina
tion of the question of the Right of Search— His Protest laid before th e French
Ministry — Subsequent proceedings. Pa ge 133

CHAPTER X.
Effect of the protest upon the action of the French government, respecting the
Quintuple 'Treaty— The Ashburton Treaty— Proceedings of Gov. Cass, on receiv
ing copy of treaty — His correspondence with Mr. Webster, Secretary of Sfate.
Page 171

CHAPTER XI.
Gov. Cass' opportunities for acquiring knowledge of the schemes of diploma
tists — His success in thwarting their plots against the welfare ofhis country —
His return to the United States — The reception given to him by the people of
Boston — Letter from Gen. Jackson — The welcome extended to him by the cit
izens of the towns and villages through which he passed on his journey to De
troit — His letter to the Committee of the Democratic Convention of Indiana —
Gen. Cass regarded by the people as a Candidate for the Presidency — Public
opinion, The annexation of 'Texas — Gen. Cass' letter advocating annexation,
'The Baltimore Convention of 1844 — Gov. Cass' letter read in that Conven
tion — His name withdrawn for the sake of union and harmony — Nomination of
James K. Polk — Gov. Cass supports the nomination — Meets his fellow citizens
in various parts ofthe country and advocates the election of Mr. Polk — Great
Democratic victory. Page 209

CHAPTER XII.
Magnitude of questions before Congress — Interest felt throughout the Union, in
the election of Senators — The sentiment ofthe people, in regard to Gen. Cass'
election to the Senate — His election by the Legislature of Michigan — His first
act in the Senate, evinces his keen watchfulness over the rights and honor of
his country — Resolutions of Senator Allen — Gen. Cass supports them — His re
marks thereon — The Oregon question — The great interests involved in its set
tlement — The recommendations of the President — Resolution of Mr. Allen,
giving notice that convention of 1827, between the United States and Great
Britain, be annulled and abrograted — Speech of Gen. Cass, in regard to our
defences — His remarks thereon. Page 226

CHAPTER XIII.
The Slavery question — Position of Gen. Cass — The Wilmot Proviso and Mexican
War — Remarks qf Gen. Cass in the Senate, February 10th, 1847, on the appro
priation of three millions to bring the war with Mexico to a close — His remarks
on voting against the adoption of the Wilmot Proviso — Gen. Cass' letter to
A. O. P. Nicholson, of Tennessee — His desire for a vigorous prosecution of the
war^ — Tribute of praise to the Army in Mexico — Origin of the war. Page 302

CONTENTS.

CHAPTER XIV.
Appropriations for Improvement of Rivers and Harbors — Difficulties surround
ing the question of the right of Congress to make such appropriations — Gen.
Cass' opinions on that subject — He sustains the position of Gen. Jackson —
Proceedings in the Senate — Remarks and Vote of Gen. Cass — Further remarks
— Chicago Convention — Its object — Foresight of Gen. Cass in anticipating the
results of that Convention — His letter declining an invitation to attend it — Un
just and unfounded inferences drawn from the letter — Gen, Cass' exposition of
hie views on the Constitutional right of Congress to make Appropriations for
the Improvement of Rivers and Harbors, delivered in the Senate, March, 1861.
Page 334

CHAPTER XV.
Cen, Cass' sympathy for the patriots ofthe old world — His readiness to welcome
them to the United States — His participation with the Citizens of Washington
in expressing their congratulations at the success of the people of France in the
late Revolution — Extract from his remarks on that occasion — His vote in the
Senate on tlie resolution of congratulation — His resolution to suspend diplom
atic intercourse with Austria — His remarks on the BiU offering aid to Ireland 
His vote on the Bill— He supports the Bill authorizing the temporary occupa.
tion of Yucatan. Page 349

CHAPTER XVI.
Course of General Cass in the Senate meets with approval from the people— Con
vention at Baltimore in 1848— Hunkers and Barnburners— Votes in Convention
—Gen. Cass nominated for the Presidency— Remarks of Mr. Stevenson Presi
dent of the Convention— Gen. Cass' letter of acceptance— Baltimore Resolu
tions—Gen. Cass resigns his seat in the Senate— His reception by the peoole
on his route home— Campaign of 1848- -Position of Mr. Van Buren— The Utica
Convention— Buffalo Convention— Bitterness of the opponents of the democra
tic party against Gen. Cass— Characteristics ofthe contest—Confidence ofthe
democratic party in their candidates. Pao-e 356

CHAPTER XVII.
Eff-ects of defeat in 184S-Increased confidence of the people in the political
views of Gen. Cass-He is re-elected to the Senate-First session of the th rt?
firstCongress- Importanceof the questions before it— The feelin- --¦' ¦

^h Tr'^l^P°%'r °,'m^ ^d-nission of California-Remarks of Gen Ca s-Z
The " Fugitive Slave '^ bilI--Suggestior,s of Gen. Cass in relation to" --Com
promise measures--Thcir eff^ects-Eff-orts of Gen. Cass and other eminent men
to create a sound state of feeling m regard to slavery— His rerrnrl/^ .,7, ?v
.meeting in the city of New York-llxtract from'hi letter rtheDemoS
Union festival, at Baltimore— His acton on the slavery auf.stinn=„„jL
the people-Repeal of Resolutions of Instruction by 7he^ Teg ature^^o f wt b^
'#:br-;:arrT8M" ""'''"°" °'^^"- ""''' "^ '^^ Legislature olM^ctfan,''^ Page 370

CONTENTS. XT
CHAPTER XVIII.
Gen. Cass' acquirements and literary standing — His power as a writer — His com
mand of language — Contributions to the Reviews — His sketches of Indian
character — His exposure of the frauds and inaccuracies of certain writers of In
dian History — His account of ttie battle of New Orleans— His travels in the
East — Extract from North American Review — His addresses on several occa
sions—Extract — Extracts from his address before the New England Society of
Michigan — ^ France, its King, Court and Government — Extract from address
before the Agricultural Societj^of Michigan — His personal appearance, fee-
Conclusion. Page 410

LIFE

OF

GENERAL LEWIS CASS

CHAPTER I.
Introductory Remarks — Birth of Mr. Cass — His Parentage — Education — He emi
grates to Ohio — Enters upon the Practice of the Law^His Succpss — Volun
teers in Defence of the Frontier — War of 1812 — Invasion of Canada — Col.
Cass' heroic conduct in Canada — Defeats a party of British Soldiers ne ar
Maiden — Secures an Important Post — Orders of Gen. Hull — Is compelled to
give up the advantages ofhis conquest, and return with the army to Detroit.
The record of the deeds of an individual, who by his own per
sonal effort, the energy of his spirit and the force of his talents,
has raised himself to a conspicuous and prominent position araong
his countrymen, is the best incentive that the young men of our
country can have placed before them. The following is a biogra
phy of one, who, of hiraself, has risen from the station of the hum
blest citizen, to that of the first statesman of his country, scarcely
less known and celebrated among the Great Powers of Europe,
than in his own country, and wherever known, commanding atten
tion, esteem and respect.
The pages which follow, are but a brief and unpretending nar
rative of the most marked events in the life of Lewis Cass, and
as such, the reader will please receive them.
Lewis Cass was born at Exeter, in New Hampshire, on the 9th
of October, 17S2. His father, Jonathan Cass was a practical me
chanic, and at the commencement of the Revolutionary war was
industriously pursuing his occupation in a quiet village of New
England. But the first shot which proclaimed hostilities between
the mother country and the colonies, awakened his patriotism, and
arranging his private affairs as speedily as possible, he joined the

18 LIFE OP GENER.iL CASS.
army of patriots on the day after the battle of Lexington and
served under Gen. Washington in the most memorable contests of
the war. He and his brother Daniel fought side by side at Bun
ker Hill, one being a sergeant and the other a corporal in the ar
my. Jonathan Cass was at Monmouth, Trenton, Princeton, Ger-
mantown and Saratoga. His services were rewarded with a Ma
jor's commission in Wayne's army, whose scene of operation was
to be in the defence of the western portion of the Union. To
that region he removed from his New England home, and when
further labors in his country's service were no longer required, he
settled down to pass the remaining years of his life upon land ac
quired by his own bravery, on the , Muskingum river, in Ohio;
where he lived for many years and died respected by all, having
been permitted to witness the rising greatness of his son Lewis,
who at the time of his father's death had been for thirteen years
Governor of the Territory of Michigan.
The foundation of Lewis Cass' education was laid at the Exeter
Academy, where he received a classical education of a high order.
Distinguished in his school-boy days for his ardent desire for learn
ing, he applied himself studiously to the acquirement of knowledge,
and in a short time was competent to take charge of an academic
institution at Wilmington, in Delaware. He remained at the head
of the Wilmington academy until he determined to accomplish
what had for some time been his wish — to make his home in the
Great West, where he might grow up with that region of country
about which he had obtained information which satisfied him that
at no distant time, it would form a very important portion of the
American Union.
Accordingly, we find him, at the age of seventeen, in the year
1799, crossing the Alleghanies on foot, carrying his knapsack and
seeking, unaided, and without the help of wealth or power, a new
home in the wilderness of Ohio. His steps were directed to Ma
rietta, a small settlement at the mouth ofthe Muskingum. Here
he commenced the study of law, and entered upon its practice.
At the bar he acquired a reputation which placed him among the
eminent lawyers ofthe west. In the pursuit of his profession he
was subjected to all the inconveniences and hardships of the wil
derness, being often required to travel on an Indian trail through

LIFE OF GENERAL CASS. 19
dense forests to the places where the courts were held, which in
those days were wherever the exigency of the moment fixed them.
He was often called to try his powers in opposition to men of es
tablished fame in the courts of the state, and the success which is
said to have attended his efforts proves that he was able to cope
with the able and eloquent lawyers who were then regarded as the
leaders of the profession in the Northwest. His fame as a lawyer
spread through the country, and the unfortunate pioneer who be
came entangled in the meshes of the law, looked upon his release
as certain, if he could secure the advocacy of Lewis Cass. In the
case of impeachment of Judge Brown, one of the presiding Cir
cuit Judges in 1812, Mr. Cass was employed by the Judge to de
fend him on his trial before the Senate of Ohio. The state had
engaged the celebrated Henry Baldwin, of Pittsburgh, to prosecute
the articles of impeachment. The novelty of the case — the stand
ing and character of all concerned — accusers, court, accused and
counsel, created great interest in the trial, and attracted a large
concourse of people at the capitol, to hear the proceedings. Bald
win was a man of great powers, and when he closed his speech
against the accused, the friends of the latter feared that his elo
quence and argument had closed the door of hope upon the Judge
and secured his conviction. But the young advocate for the de
fendant rose amid the stillness and breathless anxiety of the mass
of human beings who filled the capitol, and in a speech of tremen
dous power, in which he seemed to concentrate his whole being,
swept away the apparently immoveable barrier raised by the elo
quent Baldwin againstthe acquittal of the defendant, and secured
the victory for his client.
At the age of twenty-five, Lewis Cass was elected to the Legis
lature of Ohio, then just admitted as a State. Here he was not
less conspicuous for his powers both as a speaker and writer, than
for the readness of perception which characterized his compre
hension of subjects brought to his notice. He was placed at the
head of important committees, and though the youngest member
ofthe House of Representatives, he was unanimously regarded as
the leader of his party. The defection and exposure of the con
spiracy of Aaron Burr, brought the young legislator into more

20 LIFE OF GENERAL CASS.
conspicuous notice, and made his name and patriotism objects of
national interest. Ohio was then, in 1806, the scene of Aaron
Burr's incipient operations, where he attempted to raise meti and
means for his expedition. His progress was arrested by the
prompt and decisive action of Mr. Cass, who drew up the law
which put an end to Burr's designs. The Legislature of Ohio for
warded to President Jefferson an address on the occasion, written
by Mr. Cass, which is replete with the noblest sentiments that can
animate the bosom of an American citizen, setting forth with the
eloquence of a true heart, the inestimable advantages of Union —
the safety which exists only in a reliance upon the patriotism of
the people, and their capacity to preserve inviolate the sacred con
tract which binds the States together in the Federal Union. This
decisive and energetic act of Mr. Cass was pronounced by Mr.
Jefferson to be ihejirst How given to the dangerous and treasona
ble schemes of the gifted but disappointed politician who sought
to revenge his fancied wrongs, by subverting the good order and
government of the people who had honored him, not, it is true,
to the extent of his ambition, by bestowing upon him the second
office of the Republic.
In March, 1807, President Jefferson appointed Mr. Cass, Mar
shal of Ohio. In the performance of the duties of this raost re
sponsible office, he was engaged until hostilities of the Indians
rendered it necessary to take up arms in defence of the inhabitants
on the frontier. In the latter part of the year 1811, the Indians
instigated by the British officers at Maiden, in Canada, to attempt
to recover the lands they had ceded to the Americans by treaty,
attacked the American camp on the Wabash. This aroused the
patriotic inhabitants of Kentucky and Ohio, and they voluntered
to march to tl»e (!efence ofthe frontier. Mr. Cass was araono- the
foremost who reached Dayton, the place of rendezvous. Here he
was by acclamation elected Colonel ofthe third regiment of Ohio
volunteers. Other influences, however, were at work, which afforded a more
extended field of action for the ardent soldier who had so eao-erly
enrolled his name among the defenders of his country.
In the early part of the year 1812, it was anticipated that the

LIFE OF G-ENEEAL CASS. 21
peaceful relations existing between the United States and England
would soon be terminated by a declaration of war, forced by the
repeated and continued aggressions ofthe latter.
Acting upon the preservative principle, " in peace prepare for
war," Congress adopted measures for the increase of the army.
As it was probable, in the event of war, that the frontiers border
ing upon the British Provinces, would be the principal theatre of
hostilities on land, the attention of government was directed to
their protection. A call was made upon the Governor of Ohio for
a draft of militia and volunteers, for the service of the United States.
Col. Kingsbury, of the 1st regiment, U. S. Infantry, was designa
ted as the commander of the force, and was ordered to Washing
ton to receive his instructions. Sickness, at that place, prevented
him assuming his post, and General William Hull — who had ac
quired a high reputation in the revolutionary army, and who was
then at Washington — was appointed a Brigadier General, and was
assigned to the command of the north-western army. Gen. Hull
wasj at that time, civil Governor of the territory of Michigan. It
was with some reluctance that he accepted the military command.
This was in April 1812. The military force was raised for a dou
ble object : to act against the British in Canada, if there should be
war, and to suppress hostilities from the Indians in the Territory
of Michigan.
The Militia of Ohio, under the order of Gov. Meigs, were, in a
very short time, prepared to march. They rendezvoused at Day
ton, to the number of 1200, and, marching frora there to Urbana,
were joined by 300 men of the 4th United States Regiment. The
third regiment of Ohio militia and volunteers, was commanded by
Col. Lewis Cass. iJarly in June, the array left Urbana for Detroit,
distance more than 200 miles. Previous to commencing their march
Col. Cass addressed his fellow soldiers, urging upon them the ne
cessity of performing their duty to their country, and setting forth
in glowing Colors the honor and fame to be acquired by a success
ful campaign. The way led through a wilderness requiring the
opening of roads and the construction of bridges and causeways.
The soldiers were zealous in the cause which they had espoused,
and bore the labors and fatigues of the raarch with heroism and
patience. For the protection of the country, and the use and con-

22 LIFE OF GENERAL CASS.
venience of the army, they erected a number of block houses on
the route. These were of great service to the invalids ofthe array,
some of whora were worn down by the great and arduous difficul
ties ofthe march,
While the army was on the march to Detroit, there were, ne
cessarily, but few opportunities for drilling the soldiers. Indeed
there appears td have been culpable inattention to that important
part of military education. But it is mentioned, by those who
were the companions of Col. Cass, that he availed himself of every
opportunity of drilling his regiment and accustoming them to move
ments and evolutions, upon the proper execution of which, battles
have been often won. When the army halted for any length of
time, after they were sufficiently recruited. Col. Cass would have
his regiment on parade. The men thought the more of him for
the interest he showed for their instruction. It would have been
different, had he merely been content with issuing his orders, and
entrusted their performance to his subalterns. That he did not
do. He was on the ground himself; on the very spot where he
should be. He required nothing of his soldiers; which he was not
willing to do himself. Seeing hirn thus zealous in the cause in
which he had embarked, the soldiers could not help being influ
enced by his example. A laudable emulation for excellence in
martial acquirements thus became infused throughout his regi
ment, and with that spirit grew an attachment to their leader, which
was attended with the happiest results. Kind, yet strict, he was
loved and respected by all under his command. He had been cho
sen, by acclamation, to lead them, and they were willing to obey
his orders, and follow him to the cannon's mouth. There was not
between him, and the obscure volunteer in the ranks, that broad
and deep abyss, over which neither could pass, and throw aside
the strict etiquette of military distinctions. He could sit beside
the sick or wounded soldier, and administer to the wants of the
unfortunate, without feeling himself humiliated by the act, or his
rank degraded by the humanity, which was moved by the suffer
ings of the private soldier. He could talk with him as man to
man, of the coramon occurrences of the day, without lessening his
influence, or hazarding obedience to his orders. Nor did he con
sider it unbecoming his station as an officer, to dismount from his

LIFE OF GENERAL CASS. 23
horse and march on foot at the head of his regiment, while the
wearied soldier, sinking with fatigue or illness, was placed upon
the seat his commander vacated. Such acts as these endeared him
to his raen, and made hira the raost popular and esteemed, and best
obeyed officer in the army. When the army reached the forks of
the Miami, Gen. Hull chartered a small vessel to transport to De
troit the heavy baggage and such of the sick as required rest and
an easier mode of travel. This vessel was captured by an armed
force, at the mouth of the Detroit river, sent frora the British fort
at Maiden. War had been declared by the United States while
Hull and his army were in the woods, and inforraation had reach
ed the enemy's post at Maiden, before it was known to Gen. Hull
or any of his officers. Gen. Hull had previously received a com
munication, bearing date on the 18th of June, the day that war
was declared, directing him to proceed to Detroit with all possible
expedition. It was probably written previous to and just on the
eve of the formal act, declaring hostilities to exist. On the 2d day
of July, he received notice from the Secretary of War, that war
had been declared. This communication, also, bore date on the
18th of June, but, by some means never ascertained or accounted
for, it was fourteen days on its route, and did not reach him until
five days after'the event was communicated to the officers at Mai
den, and not until the day after the vessel had sailed from the Mi
ami, with the invalids and baggage.
The route to Detroit passed along the margin of the Detroit
river, and through an Indian village, nearly opposite the British
fort. War existing, it was supposed that our soldiers would be at
tacked and annoyed by detachments frora that garrison. But such
was not the case : the army continued its march and arrived at
Detroit on the Sth of July, where it remained until the 12th of
July, when it crossed the river into Canada. It was supposed that
Gen. Hull would proceed at once and capture Maiden. His officers
and men were alive for the expedition. It was, to the extreme of
military propriety, urged upon the commanding General by his as
sociates and subordinates in command, but these suggestions had
no effect other than to cause him to make preparations, ostensibly
for the attack on Maiden. Col. Cass, who had recently been at
Maiden, was satisfied that the fort there was not defensible against

24 LIFE OF GENERAL CASS.
a well directed and vigorous attack from our army. He was ar
dently desirous that the army should raarch forthwith to that point.
In this he was not alone; other officers as well as thj men, were
solicitous for the expedition. They considered it a part of the du
ty they had come there to perform, and did not understand why
they were held back. Gen. Hull himself, could not be otherwise
than convinced that the possession of Maiden, would be holding
the key of the whole campaign ; for, in one of his letters to the
Sec. of War, he says : that possessing Maiden, he could march his
army through Canada, to York or Niagara, in a very short tirae.
Nothing could have been easier than to have taken the place.
When the army crossed over, according to Gen. Hull's official re
port of the affair, one hundred British regulars, six hundred mili
tia, and seven or eight hundred Indians, fled at his approach from
Sandwich to Maiden. The crossing was effected on the night of
the 1 1th, from the point known as Bloody Bridge, a mile above the
town. The movement was admirably performed, and was pronoun
ced by the General to be honorable to the officers and men. In
less than five minutes after the first boat struck the shore, the whole
regiment was formed. Col. Cass was the first man of the army to
step foot on the enemy's shore. Many of his companions were
eraulous of being the first to lead the way, but the honor of so do
zing was achieved by the gallant Colonel. Upon the landing ofthe
army. Gen. Hull issued his proclamation to the inhabitants of Can
ada, promising them protection if they would join his standard.
Nurabers of them did so, and of those who did not, many returned
to their homes. The day after the crossing, entrenchments were
thrown up around the encampment and pickets erected on the bank
side of it. Here the army remained, mostly in a state of inactiv
ity, in expectation of being moved to Maiden. In regard to the
siege of that place, consultations were held almost daily among
the officers, called together by Gen. Hull. A majority were always
of opinion that no delay should occur in regard to it. Gen. Hull
was unwilling to proceed without a number of heavy guns, which
unfortunately were out of repair, requiring to be mounted. Unu
sual delay attended the preparation of the artillery. The General
hiraself seemed una'ble to say when they would be ready. In the
mean time, news arrived of the surrender of Mackinac. Sorae

LIFE OF GENERAL CASS.. 25
days after, Gen. Hull convened a counsel of officers, to consider
whether it would be better to wait a few days longer, for the heavy
guns, or proceed without them to Maiden. It was apprehended
that there would be difficulty in getting the guns over the river aux
Canards, which lay between the army and Maiden. Time was
consumed in forraing plans and making preparations for the attack.
Nothing was done, and after remaining nearly a month in the ene
my's country, Gen. Hull on the eighth of August in despite ofthe
earnest entreaties of his officers, and to their great mortification,
^;. and the disappointment of the men, ordered the army to retreat,
by recrossing the river to Detroit, which it did. The men were
dispirited by this abandonment of the advantage they had so labo
riously gained. The officers were disgusted with the indecisive,
wavering conduct of the comraanding general, though they were
obedient to his orders, yet some of them refused to participate any
further in his counsels, and declined expressing any opinion as to
the moveraents of the army.
Although Gen. Hull did not engage with his raain army in any
offensive operations while he remained in Canada, yet sorae ofhis
officers, unwilling to pass the time in total inactivity, obtained from
him permission to reconnoitre the country, and obtain such know
ledge ofthe condition of things, as might be of benefit, when the
army should move against Maiden. For this purpose Col. Cass,
on the I7th of August, led a detachment towards Maiden, to exam
ine the enemy's advanced posts. He found thera in possession of
a bridge at the river Aux Canards, about four miles east of the
fort. Col. Cass stationed a company of riflemen near the bridge
on the east side of the river and then proceeded with the rest of
his troops to cross the river at a ford five railes above, the only
crossing that was known. He succeeded in reaching the opposite
side of the river and marching along the easterly bank of the riv
er arrived about sunset in sight of the bridge. A nearer ap
proach to the enemy at this point was prevented by an impassable
creek. Col. Cass moved along the bank of the creek, in search
of a fordable spot, and found one about a mile distant frora the
spot where he was intercepted. The eneray had seen the detach-
raent during this last raoveraent, and had time to make arrange
ments for defence. By the time Col. Cass had crossed the creek

26 LIFE OF GENERAL CASS.
and arrived within point of attack, they were formed in line and
commenced a fire upon him. He led his force directly against
thera and drove thera frora the bridge at the first onset. After re
treating, they formed again and he again threw thera into confusion.
They were re-inforced frora the fort, and as often as they forraed
for defence. Col. Cass broke their ranks, and forced thera to re
treat. He pursued them until it became so dark that pursuit was
relinquished. A number ofthe enemy were killed and sorae pris
oners taken. The whole affair was conducted with bravery and
skill ; the daring and courage ofthe officers were nobly seconded
by the alacrity and readiness of the raen. A verbal message was
sent to Gen. Hull notifying him of the important advantage ob
tained by Col. Cass, stating that the possession of the bridge
opened the way for our army to subdue Maiden. Gen. Hull did
not agree with Col. Cass as to the expediency of retaining occu
pation of the bridge, but pereraptorily ordered him to return to
camp. Reluctant to abandon, without further effort, the immense
military benefit which he had obtained. Col. Cass and his officers
remonstrated with Gen. Hull in a written communication. But
that officer would not yield his opinion or retract from his position,
blindly ass med. He was, however, so far impressed by the ob
vious truths ofthe arguments ofhis officers, as to refer the subject
to the discretion of Col. Cass and the officers with him, still ex
pressing his disinclination to keep possession of the bridge, be
cause the cannon wanted for the anticipated attack upon Maiden,
were not ready for transportation. Col. Cass and his associates
thus placed in a novel position by the indecision ofthe command
ing general, held a council, as to what course should be adopted.
The council regarding the question as one of military discipline,
by a majority resolved to abandon the bridge. Col. Cass did not
accede to this decision, but with Capt. Snelling insisted uppn re
maining there. Finding themselves in a minority on this point
they were obliged to yield, and the detachment in accordance with
the orders of Gen. Hull returned to his head quarters.
Knowledge, afterwards obtained, established, beyond doubt, the
correctness ofthe views of those officers who urged an immediate
assault upon the British works at Maiden. During the visit of
Col. Cass, with the flag of truce, at that place, before the army

LIFE OF GENERAL CASS. 27
moved into Canada, its indefensible condition was apparent. Hence
his earnest entreaties, and unwavering desire for its capture. Frora
the eneray's own statements, it appears that they did not believe
the place could be defended against the vigorous attack of a de
termined eneray, and the commanding officer had determined to
risk the fate of a great battle, rather than the hazard of a siege-
With the exception of the powder magazine, the works were prin
cipally of wood, covered with thin pine shingles, and could not
have home the weight of shells and shot which would have been
poured upon them.
The defeat ofthe eneray at Aux Canards, and the capture of the
bridge, created the utraost consternation at Maiden. Preparations
were made for abandoning it; but when it was ascertained that
the American General did not intend to complete what Col. Cass
had so successfully comraenced, all fears were dispelled — the citi
zens and soldiers increased the defence of the town, and waited
re-inforceraents. The first fatal and unfortunate step was bnt the
precursor of other fatalities which were in store for our noble-
hearted volunteers, who only wanted opportunity and permission
to hew their enemies down before them.
To Col. Cass belongs the honor, not only of being the first man
to invade the eneray's territory, but also of having opened the
campaign with a victory.
The return of the detachraent from Aux Canards, together with
that of Col. McArthur who had been patrollng the country in the
direction of the river Thames — instead of infusing courage and
activity into the movements of the commanding general, seemed to
increase his desire to get back to Detroit with as much expedition
as he could. Having called a council, he announced his purpose
to abandon the country and retreat across the river. Although a
majority of the council decided upon remaining and waiting until
. the ordnance should be got ready for the attack on Maiden — yet
Gen. Hull ordered his own opinion to be carried into effect, decla
ring that, even though every person should oppose him, he was
responsible, and would act agreeably to his own judgment. Du
ring the stay of the army in Canada, councils were called every
day, and the General was urged to move down on the Aux Ca
nards, or proceed at once to Maiden. From these repeated ex-

2g LIFE OP GENEEAL CASS.
pressions on the part of his associates, he could not be raistaken
as to their wishes or the inclination of the whole array. General
Hull, frora tirae to time, yielded to the advice of his associates, so
far to remain where he was, and make preparations ostensibly
for the wished for attack on the British fort. But news having ar
rived of the fall of Mackinac, apprehensions of a descent by the
great number of Indians supposed to havebeen on the upper lakes,
caused the General to suspend further operations in the enemy's
country, except to erect a picket fort, in which he would leave a
small detachment, while he would return to Detroit with the main
army. The gallant Col. McArthur, whom Gen. Hull proposed to
leave in command of this picket, was so indignant at the obvious
falsity ofthe proposition, that he could not refrain frora telling his
coraraander, that, though he considered it a hardship that his re
giment should be so sacrificed, yet, if such were his orders, he
would obey, — and that while the result must inevitably bring defeat
and disgrace upon the officers and soldiers left there, it might serve
to avert a portion of the General's own disgrace for recrossing the
river. The energetic manner of Col. McArthur, temporarily
aroused the drooping spirits of the commander, and he issued or
ders to prepare for the advance upon Maiden. This order was re
ceived by all with the utmost pleasure, and a confident expectation
spread among the soldiers that the commanding General would
himself lead them to the storraing of the place.
Preparations for the march were continued until the middle of
the day following the issuing of the orders, when Gen. Hull again
changed his mind, and calling his officers together, told them that,
notwithstanding the respect he entertained for their opinions, he
considered himself responsible for the movements and fate of the
army, and had come to the determination to recross the river, for
the protection of the fort and town of Detroit. The order was gi
ven, and the army, dispirited and dejected, re-crossed and took
post at the back ofthe town.

CHAPTER IL
Battle of Brownstown — Battle of Maguaga — Coi. Cass volunteers to accompany
a detachment through the wilderness to the River Raisin — The Surrender
of Detroit — The detachment ordered to return — Indignation of Cols. Cass and
McArthur — Their Return lo Detroit — Letter of Gov. Meigs — Resolutions of
General Assembly of Ohio— Official Letter of Col. Casa to the War Depart
ment. While Gen. Hull was in Canada, he received inforraation, that
a corapany of Ohio militia, under the coraraand of Capt. Brush,
had reached the River Raisin, having in charge a number of beef
cattle, which they were driving to the garrison at Detroit, and fear
ing an attack from the Indians and British at Maiden, were wait
ing for a reinforcement from head quarters. It was reported that
a body of savages had been sent across the Detroit river frora Mai
den, the British post at the mouth of the river, to intercept and cut
off the escort on its march to Detroit. Major Van Home, of Col.
Findlay's regiment, was therefore ordered to take a detachment of
one hundred and fifty riflemen, and some militia, who had remain
ed at Detroit, and proceed with thera, by a back route, to the Rai
sin, to meet and aid the escort of Capt. Brush.
Van Home crossed the river from Canada on the night of the
4th of August, 1812, with his riflemen. At Detroit he collected
fifty militia men, and commenced his march. He proceeded a few
miles beyond the riyer Ecorce, where he halted, and while the de
tachment was at rest, he went among the inhabitants to get infor
mation about the back route, which his instructions directed him
to take, in order to avoid the hazard of an ambuscade on the route
through the village of Brownstown. There was no back route
known to any of the people living in the vicinity ; to his inquiries
they declared that they never heard of any. Nor could he procure
guides to conduct him through the woods. The inhabitants repre
sented the country to be one vast and continuous swamp, and that
it would be impossible for the soldiers to get through to the Raisin

30 LIFE OF GENERAL CASS.
by that way. In consequence of not being able to find any back
route or procure guides. Major Van Home was compelled to take
the road through Brownstown. When the detachment arrived near
Brownstown creek, and was marching through a small space of
open ground, it was fired upon by a body of Indians from the
woods. No enemy was seen, but most terrific yells were heard in
the direction of the attack. Major Van Home ordered his men to
retire to the edge of the woods and form a line. The troops re
treated, firing as they went. Having returned about a quarter of
a mile, a line was formed, and a fire coramenced upon the Indians.
The soldiers did not retreat in good order, and became greatly dis
persed. In the skirmish, eighteen were killed, twelve wounded ;
and about seventy were missing, who fortunately reached Detroit
in safety. Major Van Home returned with his detachment to De
troit. On the Sth of August, the same day the army re-crossed from
Canada to Detroit, another attempt was made to open a communi
cation between Detroit and the Ohio militia at the Raisin. For
this purpose Col. James Miller, who commanded the fourth regi
ment of United States infantry in Gen Hull's army, was detached
on the evening of the Sth of August, with six hundred men, reg
ulars and volunteers, with orders to join the escort at the Raisin,
and march it to Detroit. While on the march, on the afternoon
of the ninth. Captain Snelling, who commanded the advance guard,
came upon a large body of British and Indians, near Maguaga,
drawn up in regular order of battle, protected by a thicket of un
der-brush, and a breastwork of logs which they had erected. Capt.
Snelling was some distance in advance of the detachment, and
bravely fought against the severe and murderous attack of the
enemy, until Col. Miller came up with the rest of the force. The
soldiers were immediately formed into line for attack. Col. Miller
had one field piece, and a howitzer. He marched his troops to
within a short distance ofthe enemy, fired, and then charged upon
them with the bayonet. The contest was honerable tothe Ameri
can force — particularly to the Michigan and Ohio volunteers, who
formed most ofthe detachment. The British and Indians retreat
ed towards Browntown, and succeeded in crossing the river to
Maiden. Col. Miller pursued them until night-fall, when darkness

LIFE OF GENERAL CASS. 31
and the laborious service his soldiers had performed, compelled
him to discontinue the pursuit. In this engagement the force of
the enenyr consisted of seven hundred and forty — ^British regulars,
Canadian militia and savages, besides a nuraber of Indians belong
ing to the settleraent of Brownstown. The injury sustained by the
detachment, was seventeen men killed and sixty-four wounded.
The loss on the enemy's side was one hundred and thirty-four killed
and wounded.
After the battle, the detachment remained a few days at Maguaga,
waiting provisions frora Detroit, which had been sent for — the sol
diers having before the engagement, thrown away their knapsacks
which contained their rations. While thus waiting. Col. Miller
received an order from Gen. Hull, to return with his men to De
troit, which he did, without having accomplished the object of his
expedition. The troops with the cattle, still remained at their post on the
River Raisin, awaiting support from DeHlbit. The difficulties
which prevented them from reaching Detroit, without aid, raay be
better understood, when it is remembered that the usual route, and
indeed almost the only passable one, between them and the garri
son, run principally along the northern shore of the Detroit river.
The road was exposed to the eneray's fire frora the opposite shore,
and from their gun boats and vessels in the river It was impos
sible to proceed on that route without being annoyed by them. The
forces at the Raisin did not exceed two hundred and fifty men — a
few of them regulars — the main body being militia and volunteers.
They were lia.ble to attack where they were — and it was a matter
of no small moment that they should be relieved. It was there
fore determined to send another detachment to them, by a circuit
ous route through the interior of the country, and a number of
miles distant from the river. Gen. Hull ordered a detachraent of
three hundred and fifty men for that purpose. Col. McArthur was
placed in command. Col. Cass accompanied them as a volunteer.
The presence of this brave soldier always inspired the men with
more than usual courage. He was beloved and respected by them,
as well for his courteous and affable deraeanor, as for his constant
practice of sharing with them the privations and fatigues of ardu
ous and difficult service. Wherever there was aught to be done.

32 LIFE OF GENERAL CASS.
serviceable to his country, there he was found, with men rallying

ar

ound him, eager to follow him in any deed of daring, animated
by his exaraple to peril all to the last extremity, for the success and
glory of their country's flag.
It was late in the day ofthe fourteenth of August, when Colonels
McArthur and Cass left Detroit with the detachment, on their la
borious and difficiih expedition. So short was the tirae between the
announcement of the project, and the moment of its execution,
that the detachment were forced to march without a supply of pro
visions. Soon after their departure, an event occurred which ren
dered the completion ofthe enterprise unnecessary, and deterrained
Gen. Hull to recall thera to Detroit. The particulars of this event
— The Sukrender of Detroit — present the most extraordinary
and unprecedented instance of passive submission on record. The
event itself, happening at the outset of the war, without even a
plausible appearance of necessity, excited the deepest indignation
in every mind throughout the United States, capable of apprecia
ting its disastrous influence.
When Colonels Cass and McArthur marched with their detach
ment from Detroit, it was supposed, generally, at that post, that
Gen. Brock the acting Governor, and Major General, commanding
the British army in Upper Canada, was stationed at Fort George
on the Niagara frontier. If other knowledge of his position was
in possession of any person in the American army of the north
west, it was carefully kept a profound secret. The supposition as
to his position was erroneous. Gen. Brock, during the existence
of an armistice agreed upon, between Gen. Dearborn, the senior
General of the American army, and Sir George Provost, Governor
General and commander of the British forces in both the Canadas,
and which only had reference to the movements of both armies on
the eastern frontier, had moved with his forces by a rapid raarch
from York to Maiden. He arrived at Maiden on the fourteenth
of August, 1812, and on the next day marched up the river and
took post at Sandwich, nearly opposite Fort Detroit. Here he
erected batteries and other works indicating an intention of ma
king an attack on the fort. No attempt was made to drive him
from his position.
At about noon of the next day, the 15th, a boat was seen to

LIFE OF GENERAL CASS. 33
leave the Canadian shore, having on board two British officers,
bearing a flag of truce. Upon reaching the American side, the
officers landed at the public wharf in the town of Detroit, where
they were received by Captains Snelling and Fuller, who had been
directed by Col. Miller to ascertain the object of their visit. They
announced theraselves to be Colonel McDonald, of the Canadian
militia, and Captain Glegg, of the British regulars, aids to Gen
Brock, and bearers of a despatch from hira to Gen. Hull. They
were blindfolded and conducted to the house of Col. H. J. Hunt,
about two hundred yards from the fort, where they were detained
until their despatches could be delivered to Gen. Hull, and an an
swer received from him. After an interval of sorae hours, Capt.
Hull, son and aid to the General, came to the house where the
officers were, bearing the reply of Gen. Hull. It was delivered to
them ; they were conducted to their boat, and recrossed the river.
It soon transpired that the object of their visit was to present to
Gen. Hull a formal demand from Gen. Brock of the surrender of
Detroit. This news spreading among the citizens, caused consid
erable panic and confusion. Anxiety for the safety of their fami
lies dwelt in every mind. No one dreamed of a surrender — the
feeling of the moment was resistance, and moving the woraen and
children, with their moveable goods and furniture, out of the reach
of the enemy's guns. They expected an attack and were pre
pared to resist it.
The arrival of the British officers, and the report that Gen.
Brock had demanded the surrender ofthe post, gave the first in
timation to the citizens and soldiers ofthe proximity ofthe British
General. The deraand of surrender was in the following terras :
" Head Quarters, Sandwich, Aug. 15, 1812.
Sir : — The force at my disposal authorises rae to require of
you the iramediate surrender of Fort Detroit. It is far from my
inclination to join in a war of extermination ; but we must be
aware that the numerous body of Indians, who have attached
theraselves to my troops, will be beyond my control the moment the
pontest commences. You will. find me disposed to enter into such
conditions as will satisfy the most scrupulous sense of honor.
Lieut. Col. McDonald and Major Glegg are fully authorized to
conclude any arrangement that may prevent the unnecessary ef
fusion of blood. I have the honor to be your obedient servant,
(Signed) ISAAC BROCK, Major-Gen'l, &c.
His Excellency, Brigadier Gen. Hull, &c."

34 life OF general CASS.
To this letter, Gen. Hull returned the following decided refusal
to comply with its proposal, although the latter portions of the re
ply appear to be apologetic for some transactions, which were nbt
nearly so offensive as the iiisolent demand of the British General :
" Head Quarters, Detroit, Aug. 15, 1812.
Sir : — I have no other reply to raake than to inform you that I
am prepared to meet any force which may be at your disposal, and
any consequences which raay result from any exertion of it you
may think proper to make.
I avail myself of this opportunity to inform you, that the flag
of truce, under the direction of Captain Brown, proceeded con
trary to the orders, and without the knowledge of Col. Cass, who
commanded the troops which attacked your picket near the river
Canard bridge.
I likewise take this occasion to inform you that Cowie's house
was set on fire contrary to my orders, and it did not take place un
til after the evacuation ofthe Fort. From the best information. I
have been able to form on the subject, it was set on fire by some
of the inhabitants on the other side of the river.
I am, very respectfully, your Excellency's most obedient servant,
(Signed) W. HULL,
Brigadier General, &c.
His Excellency Maj. Gen. Brock, &c."
The natural supposition of every raan, on reading that part of
Gen. Hull's letter, having reference to the haughty and offensive
demand of Gen. Brock, would be, that he intended to oppose to
the last moment, any atterapt on the part of the enemy to possess
themselves of the Fort, and would yield only with his life, the flag
of his country to the invader. How then in comparison with the
letter and spirit ofhis answer to Gen. Brock, can the subsequent
conduct of Gen Hull be accounted for, unless it be admitted that
he was afterwards suddenly smitten with fear and dismay, by the
very first step taken by the British General to enforce the surren-,
der of the Fort ?
A short time before sunset on the day on which the above com
munications passed between the two Generals, the British, who
had been permitted unmolested to erect their works on a comman-
in g point of ground at Sandwich, commenced firing upon' Detroit.
The bank of the river being higher there, than on the American
side, gave them a decided advantage in throwing shot and shells
into the Fort. They, however, did but little execution ; only one
man was injured, and that only slightly in one arm. The fire was

LIFE OF GENERAL CASS. 35
returned from one of the batteries which had been built near the
centre of the town. The attack upon the town continued until
near midnight when it was suspended for a few hours. At day
light the next morning, August sixteenth, it was resumed on both
sides, the enemy commencing, and our batteries returning the fire.
The firing was kept up on our side until orders were issued to stop
firing. The firing frora the other side continued a quarter of an
hour after our batteries had ceased, and killed two c^f our commis
sioned officers, a surgeon and two privates. Soon after. Captain
Hull was sent across the river with a flag of truce.
During the bombardment, many incidents, worthy of note, oc
curred. At its coramencement, the citizens being unaccustomed
to the roar of artillery, the rattling of shot against the sides and
upon the roofs of the houses, and the bursting of shells, kept a
vigilant eye upon the movements of the enemy. When they saw
the ¦ flash or smoke of a cannon or mortar on the other side, they
dodged behind some building or place of shelter. After a little
while they became more used to it and paid less attention to the
messages sent by the eneray through the air. The late Judge
Woodward, one ofthe Judges of the Suprerae Court of the Terri
tory, at that time kept bachelor's hall, in a stone building on the
north side of Jefferson avenue, the principal street of the town,
running parallel with the river, and situated near the arsenal.
Between this house and the river, there was a large brick store
house belonging to the United States, and near it one of our bat
teries was built. Many of the shots aimed at the battery struck
the store house. A shot passed over the store house and perfora
ted the stone building in which the Judge had his quarters. He
had just arisen from his bed and stood beside it. The shot came
through into his room and struck the pillow and bed, and drove
them into the fire place ; and the spent ball rolled ojat on to the
floor. On the evening ofthe 15th a large shell was thrown from a mor
tar opposite wher(e Woodward avenue now is. As it carae career
ing along in its circling path through the air, it was watched, with
an anxious eye, by those who saw it, as a messenger of death, per
haps, to some fellow mortal unconscious of his approaching fate.

36 LIFE OF GENERAL CASS.
The fuse was burning brightly as swiftly it sped on its errand of
destruction. It passed over Jefferson avenue, and fell upon the
roof of the dwelling of Mr. Augustus Langdon, which stood on
what is now called the southerly corner of Woodward avenue and
Congress street. Passing through the upper rooms of the house,
it fell upon a table around which the family were seated — and then
descended through the floor to the cellar — the fuse burnt down
nearly to the ,powder. The family fled with expedition to the
street, which they had just reached, when the shell exploded —
tearing up the floors, and carrying away a portion of the roof
None of the citizens of the town were killed during the attack,
though many of the dwellings were marked by the shot and shells
of the eneray. ^
The fort occupied the high grounds near the residence ofthe
late Judge McDonell. A shot passed over the front wall, and
penetrated the barracks, which were on the nerth side, killing three
officers who happened to be standing in the range of its course.
Another shot struck the top of the front parapet, and, passing
through it, struck a soldier on the breast, killing him instantly,
without breaking the skin where it hit hira.
One of the French citizens, who lived in a sraall house near the
river, while the shots and shells were flying over hira, stood uncon
cerned in his doorway smoking his pipe. Presently, a shell whiz
zed past him, taking with it the pipe frora his mouth. He was
unharmed, but was so indignant, at the unceremonious treatment,
and the loss of his pipe, that he seized his musket, and, rushing to
the river, waded out as far as he could, and fired at the battery of
the enemy until his araraunition was exhausted.
In the mean time, under cover of his batteries. Gen. Brock had
crossed the river with his forces and landed at Springwells, a mile
or two below the town. Here he formed his line and raarched up
a narrow lane leading from Springwells to the town, halting at a
ravine just below the city. Here he remained unmolested, and par
took of breakfast, while he dispatched an officer with a flag to
ascertain why the American General sent a flag of truce across the
river, when he was on this side. Gen. Hull sent Captain Snelling
with a note to Gen. Brock, which he delivered ; the purport of

LIFE OP GENERAL CASS. 37
which was that he agreed to surrender the fort. Col. McDonald
and Captain Glegg were sent by Gen. Brock to agree upon the
terms of the surrender.
Gen. Brock crossed with his array early on the morning of the
16th of August. It consisted of a regiment of regulars, volunteers
in uniform, and un-uniformed railitia. The exact ndraber cannot
be ascertained. According to Captain Snelling, who atterapted
to count thera as they entered the fort, "there were in advance the
troops of the 41st regiment in platoons of fourteen files; as well as
the York railitia volunteers — twenty-nine platoons, two deep, in
red coats — that the railitia platoons consisted of no more than sev
en or eight files, and composed one-third of the whole force — pro
bably seven hundred and fifty whites, of which the remaining two-
thirds were regulars and un-uniformed militia." But let the nura
ber be as it raay, greater or less, the British General was perraitted
to land with as many, or as few troops as he chose, without oppo
sition, without an arra raised or a gun fired to resist his progress,
although he was seen from the ramparts of tlje fort to cross the
river, and Gen. Hull informed of the fact.
The American force amounted to at least one thousand men fit
for duty. Araong the troops in garrison on the day ofthe surren
der, there were two troops of raounted men, a part of the fourth
regiment of infantry, several detachraents of the first infantry,
Capt. Dyson's artillery, and the Michigan Legion, who were es
teemed to be among the best disciplined and bravest soldiers of the
array ; also Col. Brush's regiment of militia.
There was also in the fort an abundant supply of field pieces,
arras and ammunition, and provisions sufficient to stand a short
siege. Disposition was even made by Gen. Hull, of the troops, in
dicating that he intended to defend his flag and punish the temeri
ty ofhis antagonist. The forces were drawn out and formed into
line. The militia under Col. Brush, were posted in defence of the
town. Col. Findlay's regiment of near five hundred strong, togeth
er with the Michigan Legion, forraed a line in advance ofthe fort
towards Springwells, and so as to close with the militia under Col.
Brush. The artillery, ammunition, and part of the fourth regiment
were at the batteries on the bank of the river.

38 LIFE OF GENERAL CASS.
The Fort itself was defended by a part of the fourth regiment
of infantry, and was amply provided with means of defence, even
if our troops had been forced to retreat to it. It stood on an emi
nence, the highest ground within a circumference of several miles.
As described by an officer who had charge of the ordnance depart
ment at that tirae, it was a regular half bastion fort, coraposed of
four curtains and four half bastions, about one hundred yards on
each face, not including the half bastions, about seventy-five yards
being the extrerae length of the curtain. It was partly made of
earth ; the parapet was eleven feet in elevation ; the thickness of
the top of the parapet was about twelve feet; the banquet for infan
try six feet from the foundation or level of the Fort, and five feet
for the parapet; the whole width of the rampart at its base twenty-
six feet. At the iottora of the exterior or slope of the parapet
there was a horizontal space of ground about two or three feet in
width, extending around the whole circumference of the work.
The ditch upon an average, was from five to six feet deep, and at
the bottora twelve feet wide. In the bottora of the ditch around
the Fort, there was a row of pickets of cedar, nearly new, and
twelve feet high ; they were fastened together by a rib. The gate
was thorougly made of plank with spikes ; over the gate was a
look-outhouse strongly built; cannon were mounted in the erabra-
zures ; the fort was generally in good order, and in good repair.
There was in the Fort at that time, thirty-five pieces of ordnance,
from twenty-four pounders down to six inch howitzers, twenty-five
hundred stand of arras, fourteen thousand cannon balls, seventeen
hundred shells, four thousand hand grenades, three and a half
tuns of lead, sorae of which was run into balls, one hundred thou
sand flints, seven hundred rounds of fixed ammunition for the can
non, and about ten thousand pounds of powder.
Major Jessup had obtained the consent of Gen. Hull to take out
some pieces of artillery to fire upon the enemy as they approached.
He was proceeding to his command when he noticed that the line
which had been so advantageously formed for driving the enemy
back, was breaking up and retreating to the Fort. Inquiring of
an officer what it meant, he was told to "look to the fort." He did
so, and there saw a white flag flying. Riding up to the fort, he

LIFE OF GENERAL CASS. 39
inquired of Gen. Hull " ifit was possible he was about to surren
der?" He received an affirmative reply. The troops were all
ordered to the fort. The aids of the British General were there to
complete the capitulation — articles were entered into, by which
Fort Detroit, with all the troops, regulars as well as railitia, were
surrendered to the British forces under Major General Brock, and
both were considered prisoners of war, except such of the Michi
gan militia as had not joined the army. Public property of every
description was given to the enemy. The detachment of Ohio
militia at the Raisin, and Col. McArthur's detachraent, were in
cluded in the conditions of the stipulation. The officers and sol
diers of the Michigan and Ohio railitia and volunteers, were per
mitted to return to their homes, not to serve during the war, unless
exchanged. The Araericsn soldiers raarched out of the fort at
twelve o'clock on the 16th of August, and the British forces took
possession. The regulars of the United States army vvere taken
prisoners to Quebec. Gen. Hull was taken to Montreal, and was
afterwards exchanged.
The British established a temporary government under Proctor,
and stationed a sraall force in the fort. The citizens of the terri
tory and town suffered dreadfully from the Indians. They were
numerous and insolent, claiming as a right the privilege of plun
dering and laying waste every house and farm in the territory. It
is well known that the worst passions of these savages were exci
ted by their British allies against the American people. They lost no
opportunity of gratifying their yindictiveness and ferocious enraity.
Gen. Brock appears to have been quite as much surprised, as
pleased, at his unexpected success. His communication to Pro
vost, announcing the fall of Detroit, was written upon the spot, and
at the moment of his triumph — under the exhilaration of an un
locked for and bloodless victory. It bears date, Detroit, August
16th, 1812, and says: "I hasten to apprise your Excellency of the
capture of this very important post. Twenty-five hundred troops
have this day surrendered prisoners of war, and about twenty-five
pieces of ordnance, have been taken without the sacrifice of a drop
of British blood. I had not more than 600 troops, including mill.
tia, and about 600 Indians, to accomplish this service. When I
¦detail my good fortune, your Excellency will be astonished."'

40 LIFE OF GENERAL CASS.
Thus occurred this memorable transaction, which excited in the
bosom of every American, feelings of the deepest indignation.
Never h;.d the Araerican army, until then, yielded to the arrogant
demands of an enemy, or been compelled by its commander, qui
etly to submit, without striking a single blow in defence. Had
Gen. Hull listened to the advice which he received frora his brave
officers, and planted a battery at Springwells, Gen. Brock would
never have stepped on American soil. He would have been forced
to abandon his atterapt to land, or else subjected his raen to total
and complete destruction. Had he permitted his soldiers to fire
upon the eneiny after they had landed, they would have been cut
to pieces on their march from Springwells to the town. Gen. Hull
might at that time have so disposed of his troops and artillery, as
to shoot them down as they approached. Such was the unanimous
opinion of the officers and soldiers ; nay of all, who were partici
pants in the scene. But not the slightest effort at resistance was
made. Not a man in our army, but was on the alert, anxiously
waiting the order for attack. They stood by their guns, ready to
deal death and destruction upon the advancing columns of their
enemies. Hope animated all, for they reasonably expected that
the moraent of victory had arrived, and each one had nerved his
arra to strike a blow that would bring triumph to his flag. But,
alas, no such order was given. The lips of the comraanding Gen
eral were sealed. Not a word of hope or encourageraent did he
utter ; not even an order to fire a single gun. He did at length
give an order, but it was one which struck horror and anguish to
the hearts of the brave men, who saw their enemies before them,
within their reach, and yet were prevented by obedience to mili
tary discipline from obtaining a proud and glorious triumph over
the presumptuous invaders — it was an order to retreat to the fort.
They reluctantly obeyed, and as they turned towards the fort, they
saw spread to the breeze, and flying in triumph over the star-span
gled banner, the white flag of surrender. Ai that sight, the heart
of that army, as if it was that of one man, was chilled to the core.
It was then too late to change the current of events. Had the in
tention of Gen. Hull been known but a little earlier, some one of
the brave spirits, whom he outranked, would have placed himself at
the head of the army and driven the enemy from American territory.

LIFE OF GENERAL CASS. 41
None could coraprehend the motive or cause of this disgraceful
surrender. No one expected it. When the intelligence reached
the eastern frontier, soon after they had heard there of Col. Cass'
successful efforts in Canada, it was received with doubt, and many
would not believe it. Col. Cass, in his letter to the War Depart
ment, giving a true and impartial statement of the transaction, says
" the General must have taken counsel only Qf his own feelings,
for no one anticipated a surrender ; even the women were indig
nant at so shameful a degradation of American character."
Gen. Hull, in his official dispatch to the Secretary of War, com
municating the fall of Detroit, bears testimony to the noble spirit
which pervaded his officers and men.^ He says : "A large portion
of the brave and> gallant officers and men I commanded, would
cheerfully have contested until the last cartridge had been expend
ed, and the bayonets worn to the sockets." "Before I close this
dispatch, it is a duty I owe my respectable associates in command.
Colonels McArthur, Findlay, Cass, and Lieut. Miller, to express
ray obligations to them for the prompt and judicious manner they
have performed their respective duties. If aught has taken place
daring the carapaign, which is honorable tothe array, these officers
are entitled to a large share of it. If the last act should be dis
approved, no part of the censure belongs to thera.''
Gen. Hull was aft:erwards brought to trial for his conduct, while
in coraraand of the army of the Northwest. He was convicted by
the Court Martial, and sentenced to be shot. In consideration of
his revolutionary services, the sentence was remitted by the Presi
dent of the United States.
While this scene was transacting — while the British General
was receiving from Gen. Hull the delivery of the Araerican Fort
and army. Col. Cass, inspired by patriotisra and an ardent desire
to render his country all possible service, was on duty with his de
tachraent threading with his soldiers the wild and devious pathway
ofthe wilderness. The detachment had, despite the serious obsta
cles which at every step, almost, retarded its progress, under the
cheering presence of its officers, proceeded nearly twenty miles on
its route. This was accoraplished on the night of the 14th, hav
ing marched most of the night. Soraetirae after raidnight they
halted and rested until raorning. The march was then resumed

42 LIFE OF GENERAL CASS.
and continued all day. Towards evening on the 15th, the guides
and mounted men who had been sent in advance to see if Capt.
Biiush was on his way, returned without having met any one, or
discovered anything but Indian trails. By this time the men were
corapletely exhausted from fatigue and want of food. They start
ed without provisions, and none were sent after them as had been
promised. They had eaten nothing but green corn and pumpkins,
which they got from a field which they passed. A consultation
was held among the officers, and it was decided to return to De
troit. This step was forced upon them by the famished and weari
ed condition of the men. The return raarch was coramenced, but
continued only for a short distance, when they halted for rest. It
was here that Cols. Cass and McArthur first learned that Gen.
Brock had reached Detroit river, from a note brought to them frora
Gen. Hull, the substance of which was that Gen. Brock was on
the opposite side of the river, and had summoned the town to surren
der. They were directed to return as soon as possible. From the
tenor of Gen. Hull's note, Col. Cass anticipated an engagement
with the British army, and was so anxious to reach the Fort before
any decisive movement occurred, that had not the laborious march
of the day, and the fatigue of the soldiers prevented, he would
have returned that night. At early dawn the next moming they
started and traveled until nine o'clock, when they halted for a short
tirae, having reached the river Rouge somewhere near Dearborn.
Those only who are conversant from experience with the difficul
ties and toil of forcing a way through the swamps and morasses of
the wilderness, can appreciate the labors of those gallant officers
and soldiers. After a short interval, the march was resumed, and
soon after, firing of cannon was heard in the direction of Detroit.
This hastened tbeir moveraents. They hoped to get there in time
to participate in the defence -of the Fort, intending to come to the
aid of the garrison by attacking the British in the rear, if they
should find that Brock, by the fortunes of war, or other causes,
had succeeded in treading upon American soil. The firing did not
long continue after it was first heard. When it ceased, the sus
pense which tortured the minds of Cols. Cass and McArthur can
be better conceived than described. What the result was, they
could not determine. Gen. Hull's retreat frora Canada had not

LIFE OF GENERAL CASS. 43
contributed to awaken in them any additional confidence in his
judgraent or capacity for conducting the carapaign. Hence they
were in doubt. It was indeed no desirable position for those two
hrave and gallant officers, to be railes from the scene of supposed
conflict, yet within the sound of the cannon, but unable frora irre
mediable necessity to bring their forces to combat with the eneray.
While brooding over the chances, which appeared to be against
thera, and lamenting the fortune which prevented thera from win
ning for their country and themselves, the glory and advantage of
victory over the enemy, they were met by sorae persons from De
troit, who informed them that the town and Fort were surrendered
by Gen. Hull, and in possession of the British array. They could
not believe the report. It was too repugnant to their proud and
patriotic spirits to admit that the star spangled banner, which but
two days previous they hadjeft gaily sporting in the free winds, on
the flag post of their Fortress, was trailing in the dirt at the feet
bf an enemy. The sad and unwelcome news was too soon con
firmed by the return of their own scouts whom they sent to ascer
tain the state of affairs at Detroit. On receiving this intelligence
a council of officers was held, which resulted in a decision to fall
back a few miles to the River Rouge, and take position at a bridge
which afforded some advantages for defence- Here the soldiers
killed an. ox, roasted it, and eat it without bread or salt, being their
first meal since they left Detroit on the night of the 14th of Au
gust, except some corn and pumpkins. Capt. Mansfield was sent
with a flag to the British (jommander to ascertain upon what terras
the surrender had been raade, and to notify hira that if the surren
der was unconditional, the detachment would prepare to defend
themselves. Before Capt. Mansfield returned, Capt. Elliot, a Brit
ish officer bearing a flag, and accorapanied by some Indians, ap
proached the detachment, He delivered to Col McArthur a note
from Gen. Hull, and exhibited the articles of capitulation. The
note frora Gen. Hull, was to the effect that the detachraent was in
cluded in the capitulation, and directed Col. McArthur to return
to Detroit. By the rules of war and military government there
was an obligation on the officers of the detachment to submit to
the order of their coraraander and acquiesce in his proceedings,
however repugnant to their inclinations and wishes. In this case.

44 LIFE OP GENERAL CASS.
too, there appeared no alternative, but to obey, or subject their
men, worn down and exhausted, to an attack frora the British and
hordes of Indians who immediately after the surrender, thronged
into the town and vicinity. It was alike impossible to retreat
through the woods to Ohio, or advance hastily to Detroit. They
had no provisions, and but a scanty supply of araraunition. The
detachraent marched lo Detroit.
But to the humiliating ceremony of personal submission, Col.
Cass would not submit. With the unconquerable spirit of a free
man, he resolved that his sword should not be dishonored by the
touch ofthe enemy. " Traitor I" he exclaimed; " he has verified
our worst fears — he has eluded our grasp and disgraced the coun
try. But the enemy shall never receive my sword." With these
words, he broke his sword and cast the pieces away.
No evidence is necessary to estabjish the fact, that Col. Cass,
then, as on every other occasion during the war, acted with the
bravery and energy characteristic of the patriot and brave soldier ;
yet it may not be out of place, here to record the unsolicited tes
timony of the gallant General Jessup, who was acting Adju
tant General of Hull's army, to the patriotism and military capa
city of his companion in arras. He says, " as to Gen. Cass, I have
served with him in two campaigns, and a part of the time under
his orders and attached to his brigade. I have seen him in situa
tions and under circumstances, that would test the courage of any
raan, and he never faltered ; but always acted in accordance with
the dictates of high patriotism. Whatever raay be the course of
others, he is never the apologist ofthe enemy; but is always found
on the side ofhis country."
No man in the army was more indignant than Col. Cass at the
conduct of Gen. Hull. Once before, and only a few days pre
vious to the closing of the campaign, he beheld an opportunity
for victory and conquest, of the most incalculable advantage to the
country, lost by the needless and inglorious retreat of the comman
ding General frora Canada. By that inexplicable event, the suspi
cions of Col. Cass and other officers, were awakened. They be
came fearful that Gen. Hull contemplated some movement which
would prove disastrous to the American cause. Indeed, it is well
known, that three officers of high rank, in view of the perilous con-

LIFE OF GENERAL CASS. 45
dition in which cowardice or treachery would have placed the in
terests and honor of the country, had resolved upon the first indi
cation of a want of patriotism, or courage, or reluctance on the
part of the commanding General, to fulfil the obligations due to
his country, to arrest him and deprive him of his command.' The
absence of two of those officers, at the time of the surrender of
Detroit, defeated the realization of a raeasure which, doubtless,
would have averted the fate of that post. It raay be safely assert
ed, that so far as human power could avail, had Cols, Cass and Mc
Arthur been at Detroit on the 16th of August, or could they have
reached there before Brock landed, or even before the capitulation
was signed, Detroit never would have been tamely given up to the
enemy. They, with the other gallant spirits of the army, would
each have fought, as long as life lasted, in defence of the flag of
the Union. It is raore than probable that knowledge, of the ab
sence of those two distinguished and popular officers, induced Gen.
Brock to invade our territory.
As soon as Elliott had delivered the order frora Gen. Hull to
Col. McArthur at the river Rouge, he moved on with his escort,
to the river Raisin, to find Capt. Brush, to deliver a similar mes
sage to him. He reached the carap of that officer on the 17th.
He was seen approaching at sorae distance from the post, and Capt.
Rowland with a small guard was dispatched to receive hira. El
liott supposing hira to be the commander of the post, delivered the
papers which he bore, to him. On reading them Capt. Rowland
was confounded with doubt and araazeraent, and exclaimed, "trea
son or forgery !" Elliott was then blindfolded and led to the gar
rison, to Capt. Brush. Examining the papers, Capt. Brush pro
nounced them palpable forgeries, and told Elliott he should be de
tained until further information was obtained, and should be held
responsible for the consequences. Elliott and his corapanions
were placed under separate guard. A short time after, soldiers
frora Detroit carae to the camp, and confirmed the surrender of
the fort. A council of officers was held on the course to be adop
ted. It was unanimously agreed that Gen. Hull had no authority
to bind the detachment by capitulation, and they were not bound
to subscribe to his terms. It was also proposed to break up the
camp, destroy the public stores which could not be carried away,

46 LIFE op GENERAL CASS.
and raarch to Ohio. Considerations of humanity, towards some
families living at the camp, and some soldiers who were in the hos
pital, prevented the destruction ofthe stores. The camp was bro
ken up, and the detachment marched back to Ohio.
Col. Cass, in his communication to the Secretary of War, on the
subject of this surrender, says in the glowing language of a true
hearted patriot — "Our duty and our interest was to fight. The
enemy invited us to meet hira in the field. By defeating him the
whole country would have been open to us, and the whole object
of our expedition gloriously and successfully obtained. If we had
been defeated, we had nothing to do but retreat to the fort, and
make the best defence which circumstances and our situation ren
dered practicable. But basely to surrender without firing a gun —
tamely to subrait without raising a bayonet — disgracefully to pass
in review before an enemy, inferior in quality as well as the num
ber of his forces, were circumstances which excited feelings of
indignation more easily felt than described. To see the whole of
our men, flushed with the hope of victory, eagerly awaiting the ap
proaching contest; to see them afterwards, dispirited, hopeless and
desponding, at least five hundred shedding tears, because they
were not allowed to meet their country's foe, and to fight their
country's battles, excited sentiments which no American has ever
before had cause to feel, and which I trust in God will never again
be felt, while One man remains to defend the standard of the
Union." General Hull, in his official account of the transaction, offers in
justification of the surrender, the inefficient condition of his army,
which he states to have been " worn down by fatigue, sickness,
wounds and death," and utterly unable to defend itself against the
combined force of British and Indians. As civil Governor of the
territory, he felt bound to protect the population of the town and
vicinity, frora the sacrifice of blood and life, which would have been
the consequence, had the result of battle been against hira. He
dreaded the barbarities of the Indians, upon the defenceless and
conquered, in the event of his defeat. Neither the reasons stated
in his official dispatch, nor his arguraent before the court martial
defending his course, satisfied his fellow officers who sat in judo--
ment upon him, nor the people of the country. Public opinion

• LIFE OP GENERAL CASS. 47
condemned the act. Time may have greatly mollified the severity
of censure pronounced upon him by his countrymen. The motive
of humanity which preferred and effected the sacrifice of an array
and a nation's honor, to the contingent disasters of merely antici
pated defeat, may have weight with the philanthropist and non-
resistant ; but the recorded evidence of the whole affair, will ever
sustain the general judgment of the country — that had Gen. Hull
displayed the valor, the activity, and noble daring which character
ized his revolutionary career, and made him the recipient- of the
well merited personal commendation of Gen. Washington, and of
the approbation of his countrymen for his services at Trenton,
Stoney Point, and Saratoga — the stars and stripes would not have
fallen frora the flag post of Detroit. They might have been torn
and tattered, and riddled by the enemy's bullets ; but every rent
would have been a history of glorious achievement, and every bul
let hole a star of glory, for the brave and victorious defenders.
The general incredulity, in which the news of Hull's surrender
was every where received, is the best evidence of its unexpected
ness, and utter non-necessity. Even at the very moment when ar
ticles of capitulation were being prepared in the American Fort,
crowded with mortified and enraged officers and soldiers, the peo
ple of the States were rejoicing at the reports that were rife araong
them, that the American army had full possession of the Western
frontier of Canada, and had driven the eneray frora their important
post at Maiden. The transition from joy, at the belief that the ob
ject of the expedition was accomplished, to gloom and sorrow for
the certainty of its eoraplete failure was sudden, but it had the ef
fect of arousing a spirit throughout the country, active, deterrain
ed and effective, for avenging the disaster.
The General Assembly of Ohio, at its session in December, 1 812,
adopted resolutions commendatory of the promptitude, courage, and
honest zeal manifested by the officers and soldiers of the Ohio vol
unteers. The resolutions accorapanied by a complimentary and
approving letter from Gen. Meigs, were transmitted to Colonels
Cass, Findlay and McArthur, the coraraandants ofthe three regi
ments, composing the corps of volunteers.
The letter and resolutions are here annexed : —

48 LIFE OF GENERAL CASS.
Chillicothe, Dec. 28th, 1812.
Sib: — In compliance with a request of the General Assembly of the
State of Ohio, I transmit you the enclosed resolutions.
This act I perform with much satisfaction, because the principles ex
pressed in the resolutions I deem correct, and know that the applause be
stowed was truly merited by the Volunteers of Ohio, which, though unfor
tunate, were brave, and have exhibited a laudable example of prompti
tude, courage and zeal, worthy the imitation of the whole militia of the
State. To the approbation ofthe General Assembly, permit me sir, to add ray
sincere commendation of the soldierly deportment of the corps under your
command. Be pleased, sir, to accept the assurance of my consideration. R. J. MEIGS.
Resolutions concerning the conduct of the corps of Volunteers from this
State, during and previous to the late campaign under the command of
General Hull: —
Whereas, It is deemed of vital importance to every republican govern
ment, that an ardent love of country should characterize its inhabitants;
and whereas, those are especially deserving of the gratitude of their country,
who stand forth early, and with alacrity in its defence ; and whereas this
General Assembly has been advised of the promptitude and honest zeal
with which the corps of volunteers from this State, (lately under the com
mand of Gen. Hull,) assembled, were organized and marched into the
enemy's country, and of their bravery and general good conduct, there
fore, Be it resolved, by the Senate artd House of Representatives ofthe State of
O^io, That the thanks of this State are due to the officers and soldiers
comprising the said corps, for the patriotism, bravery, and general gfood
conduct, which they evinced during their late ardiious and disastrous cam
paign. Be it further Resolved, That the Governor of this State be requested to
forward to each of the late commandants of the three regiments compo
sing said corps, a copy of these resolutions ; and that he take such fur
ther notice ofthem, in his general orders, as Commander-in-Chief of the
militia of the State, as propriety may direct JOHN POLLOCK,
Speaker of the House of Representatives.
THOMAS KISKER,
Speaker of the Senate.
A month having elapsed, subsequent to the surrender of the
Northwestern Army and the town of Detroit, and no official report
having been received at Washington, of the transaction. Col. Cass,
who was there on parole, prepared and submitted to the Secretary
of War, the following communication of the disastrous and inglo
rious affair : —

LIFE OF GENERAL CASS. , 49
LETTER OF COLONEL CASS,
Ofthe Army late under the command of Brigadier General ff'illiam Hull,
to the Secretary of War. Washington, Sept. 10, 1812.-
Sir — Having been ordered on to this place by CoL McArthur, for the
purpose of communicating co the government, such particulars respecting
the expedition lately commaiided by Brigadier General Hull, and its dis
astrous result, as might enable them to correctly appreciate the conduct of
the officers and men, and to develops the causes which produced so foul
a stain upOn the national character, I ihave the honor to submit to your
consideration the following statement:
When the forces landed in Canada, they landed with an ardent zeal
and stimulated with the hope of conquest. JVo enemy appeared ivithin
view of us, and had an immediate vigorous attack been made upon Mai
den, it would doubtless have fallen an easy victory. I know Gen. Hull
afterwards declared he regretted this attack had not been made, and he
had every reason to believe success would have crowned his effiirts. The
reason given for delaying our operations, was to mount our heavy cannon
and afford the Canadian mihtia time and opportunity to quit an obnoxious
service. In the course of two weeks, the number of their militia who
were embodied had decreased by desertion from six hundred to one hun
dred men — and, in the course of three weeks, the cannon were mounted,
the ammunition fixed, and every preparation made for an immediate in
vestment of the fort. At a council, at which were present all the field
officers, and which was held two days before our preparations were com
pleted, it was unanimously agreed to make an immediate attempt to ac
complish the object of the expedition. If by waiting two days we could
have the service of our heavy artillery, it was agreed to wait — if not, it
was determined to go without it, and to attempt the place by storm. This
opinion appeared to correspond with the views of tbe General, and the
day was appointed for commencing our march. He declared to me, that
he considered himself pledged to lead the army to Maiden. The ammu
nition was placed in the wagons — the cannon were embarked on board
the floating batteries, and every requisite article was prepared. The spirit
and zeal, the ardor and animation displayed by the officers and men, on
learning the near accomplishment of their wishes, was a sure and sacred
pledge that in the hour of trial they would not be wanting in their duty to
their country and themselves. But a change of measures, in opposition
to the wishes and opinions of all the officers, was adopted by the Gene
ral. Tiie plan of attacking Maiden was abandoned, and instead of acting
offensively, we broke up our camp, evacuated Canada, and re-crossed the
river in the night, without even the shadow of an enemy to injure us. We
left to the tender mercy of the enemy the miserable Canadians who had
joined us, and the protection we afforded them was but a passport to ven
geance. This fatal and unaccountable step dispirited the troops, and de
stroyed the little confidence which a series of timid, irresolute, and unde
cisive measures had left in the commanding officer.
About the 10th of August, the enemy received a reinforcement of four
hundred men. On the 12th, the commanding officers of three of the re
giments (the fourth was absent) was informed through a medium which
admitted of no doubt, that, the general had stated, that a capitulation
would be necessary. They on the same day addressed to Gov. Meigs of
Ohio, a letter, of which the following is an extract :
" Believe all the bearer will tell you. Believe it, however it may aston
ish you, as much as if told you by one of us. Even a c  is
talked of by the The bearer will fill the vacancy."
4

50 LIFE GENERAL CASS.
The doubtful fate of this letter rendered it necessary to use circum
spection in its details, and therefore these blanks were left. The word
"capitulation" will fill the first, and "commanding general" tbe other. As
no enemy was near us, and as the superiority of our forces was manifest
we could see no necessity for capitulating, nor any propriety in alluding
to it. We therefore determined in the last resort to incur the responsi
bility of divesting the general of his command. This plan was eventu
ally prevented by two ofthe commanding officers of regiments being or
dered upon detachments.
On the 13th, the British took a position opposite to Detroit, and began
to throw up works. During that and the two following days, they pur
sued their object without interruption, and established a battery for two
18 pounders and an 8 inch howitzer. About sunset, on the evening of
the 14th, a detachment of 350 men from the regiments commanded by
Col. McArthur and myself, was ordered to march lo the river Raisin, to
escort the provisions, which had sometime remained there, protected by a
party under the command of Capt. Brush.
On Saturday, the 15th, about one o'clock, a flag of truce arrived from
Sandwich, bearing a summons frora Gen. Brock, for the surrender ofthe
town and fort of Detroit; stating he could no longer restrain the fury of
the savages. To this an immediate and spirited refusal was returned.
About four o'clock their batteries began to play upon the town. The fire
was returned and continued without interruption and with little effect till
dark. Their shells were thrown till eleven o'clock.
At daylight the firing on both sides re-commenced— about the same
time, the enemy began to land troops at the Springwells, three miles be
low Detroit, protected by two of their armed vessels. Between 6 and 7
o'clock they had effected tbeir landing, and immediately took up their
line of march, They moved in a close column of platoons, twelve in
front upon the bank of the river.
The fourth regiment was stationed in the fort— the Ohio volunteers and
a part of the Michigan militia, behind some pickets in a situation in which
the whole flank of the enemy would have been exposed. The residue of
the Michigan militia were in the upper pait of the town to resist the incur
sions of the savages. Two 24 pounders loaded with grape ehot were
posted upon a commanding eminence, ready to sweep the advancino' col
umn. In this situation, the superiority of our position was apparent and
our troops in the eager expectation of victory, awaited the approach of
ihe enemy. Not a sigh of discontent broke upon the ear, nor a look of
cowardice met the eye. Every man expected a proud day for his coun
try, and each was anxious that his individual exertion should contribute to
the general result.
When the head of their column arrived within about five hundred yards
of our line, orders were received from General Hull for the whole to re
treat to the Fort, and the twenty-four pounders not to open upon the ene
my. One universal burst of indignation was apparent upon the receipt of
this order. Those whose conviction was the deliberate result of a dis
passionate examination of passing events, saw the folly and impropriety
of crowding 1100 men into a work which 300 could fully man and into
which the shot and shells of the enemy were falling. The Fort was in
this manner filled: the men were directed^to stack their arms, and scarce
ly was an opportunity afforded of moving. -Shortly after a white flae- was
hung out upon the walls. A British officer rode up to enquire the cause
A communication passed between the commanding generals, which end
ed in the capitulation submitted to you. In entering into this capitula
tion the general took counsel from his own feelings only. Not an officer

LIFE OF GENERAL CASS. 51
was consulted. Not one anticipated a surrender, till he saw the white
flag displayed ; even the women were indignant at so shameful a degra
dation of the American character ; and all felt as they should have felt
but he who held in his hands the reins of authority. '
Our morning report had that morning made our effective men present
fit for duty 1060, without including the detachment before alluded to, and
without including 300 of the Michigan militia on duty.- About dark off
Saturday evening, the. detachment sent to escort the provisions, received!
orders from General Hull to return with as much expedition as possible.
About 10 o'clock the next day, they arrived within sight of Detroit. Had
a firing been heard or any resistance visible, they would have advanced
and attacked tlie rear ofthe enemy. The situation in which this detach
ment was placed, although the result of accident, was the best for annoy
ing the enemy and cutting off his retreat that could have been selected.
With his raw troops enclosed between two fires and no hope of succor, it
is hazarding little to say, that very few would have escaped.
I have been informed by Col. Findley, who saw the return of their
quarter-master-general, the day after the surrender, that their whole force
of every description, white, red and black, was 1030. They had twenty-
nine platoons, twelve in a platoon, of men dressed in uniform. Many of
those were evidently Canadian militia. The rest of their militia increased
their white force to about seven hundred men. The number of their In
dians could not be ascertained with any degree of precision ; not many
were visible. And in the event of an attack upon the town and fort, it
was a species of force which could have afforded no material advantage
to the enemy.
In endeavoring to appreciate the motives and to investigate the causes
which led to an event so unexpected and dishonorable, it is impossible to
find any solution in the relative strength of the contending parties, or in
the measures of resistance in our power. That we were far superior to
tbe enemy ; that upon any ordinary principles of calculation we would
have defeated them, the wounded and indignant feelings of every man
there will testify.
A few days before the surrender, I was informed by Gen. Hull, we had
400 rounds of 24 pound shot fixed, and about 100,000 cartridges made.
We surrendered with the fort 50 barrels of powder, and 2500 stand of arms.
The state of our provisions has not been generally understood. On
the day of surrender, we had 15 days provisions of every kind on hand.
Of meat, there was plenty in the country, and arrangements had been
made Jbr purchasing and grinding the flour. It was calculated we could
readily procure three months' provisions, independent of 150 barrels of
flour, 1300 head of cattle which had been forwarded from the State of
Ohio, and which remained at the River Raisin, under Capt. Brush, within-
reach of the army.
But had we been totally destitute of provisions, our duty and our inter
est was undoubtedly to fight. The enemy invited us to meet him in the-
field. By defeating him the whole country would have been open to us, and
the object of our expedition gloriously and successfully obtained. If we
had heen defeated, we had nothing to do but to retreat to the fort, and
make the best defence circumstances and our situation rendered practica
ble. But basely to surrender' without firing a gun — tamely to submit
without raising a bayonet — disgracefully to pass in review before an ene
my as inferior°in the quality as in the number of his forces, were circum
stances which excited feelings of indignation more easily felt than de
scribed.

£)3 ilFE OF GENERAL CASS.
To see the whole Of 'Our men flushed with the hope of victory, eagerly
awaiting the approaching contest, to see them afterwards dispirited, hope
less, desponding, at least 500 shedding tears because they were not al
lowed to meet their country's foes, and to fight their country's battles, ex
cited sensations which no American has ever before had cause to feel,
and which I trust in God will never again be felt, while one man remains
to defend the standard of the Union. i
I am expressly athorized to state, that Colonels McArthur and Findley,
and Lieutenant Colonel Miller viewed the transaction in the light which
I do. They knew and I feel that no circumstance in our situation, none
in that of the enemy, can excuse a capitulation so dishonorable and un
justifiable. This, too, is the universal sentiment among the troops ; and
I shall be surprised to learn, that there is one man, who thinks it was ne
cessary to sheath his sword, or to lay down his musket.
1 was informed by General Hull, the morning after the capitulation, that
the British forces consisted of 1800 regulars, and that he surrendered to
prevent the effusion of human blood. That he magnified the regular
force nearly five fold, there can be no doubt. Whether the philanthropic
reason assigned by him is a sufficient justification for surrendering a forti
fied town, an army and a territory, is for the government to determine.
Confident I am, that had the courage and conduct of the General been
equal to the spirit and zeal of the troops, the event would have been as
brilliant and successful as it now is disastrous and dishonorable.
Very respectfully, sir, &c.
LEWIS CASS,
Col. 3d Reg. Ohio Vol.
Hon. William Eustis, Secretary of War.

CHAPTER III.
Effect of Surrender of Detroit— Volunteers of 1812— yymms' " Card "—Indian
Warfare— Cruelties of tlie Savages— The Massacre at the River Raisin— The
Defence of Fort Stephenson by Croghan and his brave compeers.
The surrender of Detroit, after the first momentary shock of its
announcement, aroused the spirit and patriotism of the entire coun
try, particularly araong the western people, who felt especially ag
grieved by the disaster. A feeling, amounting to eothusiasm, per
vaded the whole coramunity. The country was electrified. The
call to arras was hailed with rapture by the pioneer population of
the West. Men capable of bearing arms vied with one another
who should be first to enroll themselves. Men of all ranks and
stations in life, filled the rolls of volunteers. By the twenty-fifth
of August, nine days after the surrender, four thousand men, arm
ed and equipped, voluntarily assembled at Urbana, in Ohio., Gois-
emor Meigs, of that State, was honorably and con.spicuously ac
tive in encouraging the patriotism raanifested by his fellow citizens.
Kentucky, Virginia, Ohio, Maryland, and Pennsylvania, poured
forth their best citizens by thousands. The city and county of
Baltimore proposed alone to raise an entire regiment. On the
spur ofthe raoraent eighteen hundred Kentuckians marched from
Newport. The gallant Col. Richard M. Johnson, then member ,
of Congress from Kentucky, proposed to raise five hundred mount
ed raen, and march forthwith to Detroit, trusting to the liberality
of Congress for future indemnification. Kentucky was represent
ed on different portions of the western frontier by at least six thou
sand of her brave volunteers. Virginia sent out fifteen hundred
men, for whom the ladies of Richmond made knapsacks and tents.
The same hearty patriotism, manifesting itself by deeds, existed in
every section of the country. Even the opponents of the war were
effected by it, and many of them becarae strenuous advocates of
what they had previously opposed.

S4 LIFE OF GENERAL CASS.
As characteristic of the feeling which animated the W"est, the
following Card, which appeared in the newspapers of that day, is
here inserted :
A Card.— Col. Symmes, ofthe senior division ofthe Ohio Militia, pre
sents his respectful compliments to Major-General Brock, commanding
his Britanic Majesty's forces, white and red, in Upper Canada. Colonel
Symmes observing that by the 4th article of Capitulation of Fort Detroit,
to Major-General Brock, all public arms, moving towards Detroit, are to
be delivered up, but as no place of deposit is pointed out by the capitula-
tion, forty thousand stand of arms, coming within the description, are at
the service of Major-Genoral Brock, if his Excellency will condescend to
come and take them .'"
The required number of men were soon in the field. Brigadier
General William H. Harrison, ofthe United States Army, was com
missioned as Major-General by the Governor of Kentucky, and
assumed coramand ofthe army, numbering about ten thousand raen.
In the wars which have taken place on this continent, between
rival nations, the Indian tribes have been engaged. The British
and the French employed them in their quarrels ; and in the Re
volutionary War, and in the war of 1812, the Indians fought on
the side of the British. History abounds with heart-rending ac
counts of Indian outrage, perpetrated during the Revolution, and
the recollection of the bloody massacres of the last war, is yet viv
id in the remembrance of our citizens. No language can convey
an adequate idea of the horrors and bar.barities of Indian warfare.
The Indian, from earliest infancy, is initiated into the cruelties
and tortures of exterminating hostilities. War to the knife — the
knife to the handle, is the first teaching .he receives from the lips
and exaraple of his father and brothers. His ambition is to use
the scalping knife and tomahawk with skill and success. The
scalp is more precious than the prisoner. In the conflict, he nei
ther asks nor gives quarter. He or his enemy raust lie dead on the
field. Exceptions there are, it is true, to this general practice,
but it is a most bloody and cruel mercy that stays the death-blow.
The conquered victim had better, by far, fall dead beneath the arm
of his antagonist, than follow as a prisoner to the wigwam. In the
latter case he is reserved for far more dreadful sufferings at the
stake, often times to be prepared to suit the cannibal tastes of his
victor. With atrocious disregard of the dictates of humanity, the British
government did not hesitate to enroll the murderous savages in

LIFE OF GENERAL CASS. 55
close alliance with their regular soldiers. They did this with the
full knowledge of the difficulty of restraining thera, when once the
fight begun, within the recognized liraits of civilized warfare. In
all these instances, too, the bloody instinct of the savage was re
ferred to by their Christian employers to intimidate and force their
enemies to surrender.
At the comraencement ofthe war of 1812, the American gov
ernraent used every possible means to induce the Indians to remain
neutral and quiet ; but the passion for war, and strong inducements
offered to thera by the British Governraent, were too powerful to
be resisted. They wene seduced by promises and costly presents,
to join hands against the United States, and led by talented and
influential chiefs, they rendered many and valuable services to
their Christian allies.
It is not within the scope of this work to enumerate the frequent
and barbarous butcheries of innocent and defenceless woraen and
children, or the raerciless and disgraceful slaughters which were
perraitted by the British officers, when the fortunes of war were
in their favor. We have gone raore into the detail of Indian char
acteristics than raight seera appropriate to the present undertaking.
But it will be recollected that the subject of this work, passed the
greater part of the active portion of his life, surrounded by the
warriors of the woods — within hearing of the dread war-whoop —
and a witness ofthe soleranities ofthe war dance; that it was his
duty as the representative and dispenser ofthe authority of his gov
ernraent, to negotiate treaties of peace and amity with them, or
if needs be shoulder his rifle and lead his raen to conquering cora-
bat ao-ainst them. To give some idea of the fierce and turbulent
spirits with whom he had to deal is the object of introducing here
and elsewhere, the evidence of the difficulties and dangers which
beset the path of him who is brought in contact with the Indian,
either in peace or war.
In January, 1813, the American army met with a sad reverse at
the River Raisin, in Michigan. This conflict is marked with in
cidents of horror and barbarity, which stamp it as one entire scene
of bloody butchery on the part ofthe eneray, whick finds no paral
lel in the history of war, where either of the contending parties

56 LIFE OF GENERAL CASS.
make pretentions to civilization. This battle is known as the
' Massacre of the River Raisin."
Colonels Lewis and Allen, Avere ordered by Gen. Winchester,
who was with the left wing of the army at Fort Defiance, to pro
ceed with detachments to Frenchtown, a settlement on the River
Raisin, where the enemy were in force, annoying the inhabitants.
The detachraents arrived at Frenchtown in the afternoon of the
18th of January, 1813. The eneray had made preparations to re
ceive them, and opened a fire upon them when they approached to
within a quarter ofa mile ofthe town. The river divided the two
forces, Colonel Lewis crossed with his command on the ice, and
drove the- enemy frora the houses and pickets, where they were
posted, into the woods. There they made a stand, until they were
again dispersed and forced to retreat, under a continual charge
from their pursuers. At dark, the detachment was drawn off and
encaraped on the spot from whence they had dislodged the enemy.
The vanquished consisted of a combined force of one hundred
British soldiers and four hundred Indians, under command of Ma
jor Reynolds. Success was complete. The report of this achiev-
ment at Gen. Winchester's head quarters, created an exciteraent
there among the troops, which could only be satisfied by their
marching forthwith to join Colonel Lewis. Winchester yielded
to the desire of his officers and men. He joined Lewis on the 20th
of January, wiih two hundred and fifty men, and took -command.
On the morning of the 22nd, at daybreak, the American camp was-
attacked by the British and Indians. The number of the assail
ants was somewhere about fifteen hundred. The American force
only eight hundred. The attack was made by a heavy fire of mus
ketry and field pieces. It was made so suddenly and unexpected
ly, that there was no time for forming the troops advantageously .
to this difficulty, was added the unfavorable nature of the ground.
The assault was sustained with great firmness and bravery for sorae
time, when the right division ofthe forces, which was terribly ex
posed in an open field to a heavy fire, was ordered to retreat, with.
the object of occupying ground less exposed. This movement was
discovered by^e enemy, and the entire Indian force, with a
portion of the militia, directed their efforts to break them and
throw them nto disorder Bv their superiority in numbers, they

LIFE OF GENERAL CASS. 57
succeeded in preventing this part of our forces from again forming
in order for battle. Indeed, few of this division escaped ; they
were surrounded by Indians, and gallantly fought until their num
bers were so reduced, that they were forced to surrender. A Ma
jor, Captain, and about twenty-five soldiers only escaped. While
atterapting to reform this division into line, Gen. Winchester and
Colonel Lewis were surrounded and taken prisoners. The troops
who reraained at the breastwork, defended themselves with despe
ration against fearful odds. It became evident to Gen. Winches
ter and his officers, that a continuance of the contest against the
superior numbers of the eneray, was but an unjustifiable sacrifice
of the brave men, whose ranks were continually growing thinner.
It was resolved to surrender the few that remained, as prisoners of
war, on condition that their lives should be spared, and their pri
vate property protected. The truth was, that no alternative re
mained but surrender or general massacre. The ammunition was
nearly exhausted, the enemy were concentrating their forces with
a view to burn the town, and it was declared that no attempts
would be made by the British officers to restrain the ferocity of
the savages, who surrounded the place in great nurabers. Under
these circurastances Gen. Winchester surrendered.
In this conflict many feats of noble daring were perforraed by
officers and men. The enemy had taken possession of a barn,
within rifle shot of the American carap ; here they were perfectly
sheltered, while they fired into our pickets. It became important
to dislodge thera from their safe position. A single soldier under
took the task, and with almost a certainty of sacrificing hiraself,
rushed from the pickets, with a lighted torch, to the barn, and set
it on fire. The bam was consumed. The heroic volunteer had
the good fortune to return in safety to the carap, amid a shower of
balls from the enemy's muskets.
Every promise made by the British commander was violated.
The Indians gratified their bloody propensity without restraint.
Some of their prisoners after the surrender, were tomahawked;
sorae were shot, others were tortured and burned alive by the sav
ages. The houses of our people were pillaged^ and destroyed.
The prisoners who were not killed, were treated in the most inhu
man manner by the Indians, in the presence of British officers, and

58 LIFE OF GENERAL CASS.
no remonstrance or effort was made to restrain them. In violation
of oft-repeated assurances from Col. Proctor, that the prisoners,
particularly the wounded, should be provided for as their necessities
required, and be conveyed in sleighs frora the Raisin to Maiden,
they were placed in charge of the ruthless and exasperated savages.
They were raade to travel on foot through deep snow ; and those
who were unable from their wounds to keep pace with the swift
footed tormentors, were tomahawked and scalped, and left by the
roadside unburied. Among the wounded was Capt. Nathaniel
Hart, of Kentucky ; a near relative of Henry Clay. This officer
was captured after being wounded in the knee. He was not able .
to move, and at the request of an officer was mounted on horseback.
While thus situated, and actually under the protection of a British
officer, an Indian near by fired at him, and hit him on the head.
He did not, however, fall frora his seat, until another Indian struck
hira on the head with a club, and beat hira to the ground ; he was
then scalped, stripped of his clothing, and left on the ground, until
under cover of night, two days afterwards, his body was taken in
to the woods by three of the inhabitants, and covered with brush
wood to protect it frora rautilation by the hogs. The raen did not
dare to bury the corpse for fear of the Indians. The rights of se
pulture for the dead of ouj. army vvere forbidden by the inhuman
Proctor, and their bodies remained exposed for the horrid feastings
of dogs and hogs. Bodies which had been stealthily buried were
exhumed by the red fiends. When the Kentucky volunteers, in
the latter part of the same year, marched over the scene of massa
cre to join Gen. Harrison in pursuit of Proctor, they were greeted
with the view of the bleached remains of their relatives and friends,
still whitening on the ground. They gathered them together and
buried them with the honors of war.
Many of the prisoners who escaped the tomahawk of the sav
age, were subsequently purchased of their Indian captors by the
citizens of Detroit, and liberated. Gen. Winchester and his offi
cers were taken to Cluebec.
On the day succeeding the battle, the Indians continued their
atrocities. In one instance they set fire to a house in which were
forty-eight prisoners Some of these unfortunate men, ajtempting
to escape, were shot down as they appeared at the door ; others

LIFE OF GENERAL CASS. 59
were driven back and killed in the house, and were consuraed
with it.
A citizen while going to his house alone and unarmed, was fired
at and wounded. He was able to reach honie : his father-in-law
opened the door to let hira in; he just got within the house when
he fell dead upon the floor. The Indians who shot him followed
immediately, and reaching the house deraanded admission. The
door was opened by the old man, who was instantly shot down by
the Indians.
Dr. Gustavus M. Bower, surgeon's mate in the fifth regiment
Kentucky volunteers, who was in the house of Jean Baptiste Je-
reaume with the wounded prisoners, states that on the morning
after the battle, about daylight, six or eight Indians carae to the
house. They sauntered about without raolesting any one, until
their nuraber was increased to two hundred, when they coraraenc-
ed plundering the inhabitants and killing the wounded. Dr. Bow
er was seized by an Indian, divested of a part of his clothing, and
taken and placed upon a horse a short distance off, with orders
frora his captors to remain there. Frora this spot he watched the
actions ofthe Indians. He saw Captain Hickman knocked down
with several others, at the door. Supposing from this that a gen
eral massacre was to take place, he atterapted to reach a house,
about one hundred yards distant, to give the persons confined there
warning of their danger. Approaching the house, he saw that it
was surrounded by Indians, and was thus precluded frora effecting
-his purpose. His presence was at this raoraent discovered by an
Indian chief, naraed McCarty, who carae up to hira and delivered
his horse and blanket to him, and told him to go back to the house
he had left. The Indian who first captured Bower now came up
and raised his tomahawk to kill hira, but was prevented by McCar
ty. Dr. Bower then obeyed McCarty's orders, and when he reach
ed the house, saw the Indians leading away sorae prisoners, whora
he afterwards saw lying in the road, horribly raangled and naked.
Bower and several others were then collected around a cariole
which was filled with plunder. One of the men naraed Blythe, en
deavored to persuade his captor to take him to Maiden, for which
he offered him fifty dollars. While making this agreement, anoth
er Indian stepped up behind Blythe and tomahawked, scalped and

60 LIFE OF GENERAL CASS.
Stripped hira. Bower's attention was then attracted to the burn
ing houses, which he knew contained prisoners who were unable
to get away. The houses being nearly consumed, the Indians
raarched off with Bower and a few others. At Sandy Creek they
stopped and prepared food. They were eating, when an Indian
proposed to Searl, one ofthe prisoners, to exchange his moccasins
for Searl's shoes, which he did. They then exchanged hats, and
the Indian struck Searl upon the shoulder with his tomahawk ;
cutting into his body. Searl caught hold of the weapon and at
tempted to resist ; but, seeing that his fate was inevitable, he closed
his eyes and quietly awaited the fatal blow, which clave his skull
in two. Soon after, three others shared the same fate. Bower
was soon after taken to Detroit and ransomed by the citizens of
that place. Many other instances might be given ofthe sufferings
ofthe prisoners taken at the River Raisin; but sufficient have been
narrated to show the unparalleled barbarity of Indian warriors when
conquerors, and to afford the means of estimating the great diffi
culties and trying circurastances attendant upon the exercise of
power and authority over thera in time of peace.
At the massacre of Frenchtown, perished many of the noblest
sons of Kentucky. Scarce a faraily of note, in that patriotic
State, but bewailed the loss of a beloved relative. At Frankfort,
the Governor and raany of the citizens were at the theatre when
the sad news of Winchester's defeat reached there. The whole
audience at once, by one irapulse, retired to learn the details of
the calaraity. Presently fathers were seen going about half dis
tracted, and raothers, wives and sisters, were weeping in the re
tirement of their homes. The voice of lamentation was heard in
nearly every dwelling. But like Hull's surrender, this second
disaster contributed to increase the ardor of the.people for revenge.
While they mourned for the dead, they resolved to revenge their
sacrifice. When Gen. Harrison was informed that Winchester had ad
vanced towards Frenchtown, he imraediately prepared to join him
with a re-inforcement. Having proceeded about six miles, and
ascertained that Winchester's defeat was complete, he resolved to
return. A detachment of one hundred and seventy men was sent
forward to Frenchtown, with directions to proceed as far as pos-

life' of GENERAL CASS. 61
ble to assist those who were fortunate enough to escape— these
were very few— the great depth of snow prevented their getting
far in advance of their pursuers. They were overtaken and cap-
tured. Immediately after the affair of Frenchtown, General Harrison
raarched his army to the rapids of the Miami, where he construct
ed Fort Meigs. Here, in May, 1818, he was besieged by two
thousand British and Indians, under Proctor and Tecumseh. The
borabardment by land and water continued several days. The
eneray first appeared on the 25th of April, and on the 9th of May
were repulsed, routed, and forced to abandon the siege. Having
ascertained that they had left the vicinity. Gen. Harrison left Fort
Meigs under charge of Gen. Green Clay, and raarched to Lower
Sandusky. Remaining there a short time, he proceeded to Franklinton,
where the soldiers were to assemble to prosecute the campaign,
and retake the territory lost by Gen. Hull. Major Croghan, a
young officer of the regular army, was left with one hundred and
sixty men at Lower Sandusky, in garrison at Fort Stephenson.
Here he was attacked by a large force under Proctor, and with but
a single cannon, repulsed thera completely. An account of thjg
siege, though familiar to the reader, is worthy of repetition if it
be only to coraraemorate the invincible courage ofthe young com
mander and his youthful companions.
On Sunday evening, August 1st, 1813, six hundred British reg
ulars, and frora seven to eight hundred Indians, under the irarae-
diate coraraand of Proctor, appeared before Fort Stephenson. He
made such disposition of his troops as effectually to cut off the re
treat of the garrison if they should atterapt one. He then sent
Col. Elliott and Major Chambers to demand the surrender ofthe
Fort, with the stereotyped assertion that "he was anxious to spare
the effusion of blood, which would be out of his power to effect if
he should be compelled to take the fort by storm.''
Croghan's reply was, that he was deterrained to defend the place
to the last extremity, and that no force, however large, should in
duce him to surrender. This reply being comraunicated to Proc
tor, he coramenced a brisk fire upon the fort frora_his gunboats in

68 LIFE OF GENERAL CASS.
the river, and a howitzer on shore. The fire was kept up through
the night with but little effect. At an early hour the next morn
ing, three six-pounders, which, in the night, had been placed on
shore within two hundred and fifty yards of the pickets, opened
their fire, but with no great effect. From the manoeuvres of Proc
tor, Croghan judged that he would attempt taking it by storming
it at its northwest angle. With the best means in his power, he
strengthened the point of anticipated assault. He had divined
the intentions of Proctor. Finding that his guns were ineffectu
al. Proctor formed his men into two columns. Lieut. Col. Short
led the principal one, of one hundred and fifty men, and advanced
to within twenty paces of the lines. The garrison opened a de
structive fire upon them, which threw them into confusion. They
were quickly rallied by their leader, and again advancing, leaped
into the ditch ; just then the single six.pounder of the fort was
brought into requisition. A fire of grape was poured from it
which killed or wounded nearly every man who had entered the
ditch. The fall of the advance threw the balance of the column
into such disorder and fear, that their officers were unable to lally
thera. They retired and sought safety in the adjoining woods.
During the assault, a fire was kept up against the fort, from five
six-pounders and a howitzer. The only loss sustained- by the gar
rison was, one man killed, one wounded. The loss ofthe eneray
was at least one hundred and fifty. In the ditch were found kill
ed, Lieut. Col. Short, one Lieutenant and fifty soldiers. Early on
the raorning of the 3d, the eneray sailed down the river, leaving
behind thera a boat containing clothing and military stores and se
veral stand of arms.
The defence of this fort was a desperate undertaking. The
adventurous bravery and daring resolution of the young com
mander,, achieved what the wisdom of more experienced officers
would have decided to be impossible. It was truly a forlorn hope
for that brave band of youths in their illy protected fort, to expeet
even to survive the deterrained attack of their eneraies. The pick
ets were eighteen feet high; the bayonets of the soldiers were nail
ed upon the side of the upper end, pointing downwards. The
charge of the eneray evinced a disposition to conquer the post

LIFE OF GENERAL CASS. 63
at all hazards. In the course of twenty-four hours, they dischar
ged five hundred shots, one hundred of which fell within the fort,
happily doing no injury.
Among the incidents of the brilliant defence, showing the confi
dence of the enemy in obtaining an easy victory, was the inso
lence of the Indian allies previous to the charge. When Elliott
went to demand the surrender of the fort, he was received outside
the pickets by Ensign Shipp. While conversing^ one of Elliott's
Indians came up, and taking hold of Shipp, attempted to take off
his coat. Shipp drove him off with his sword. The Indian was
certain there would be a capitulation, and pleased with Shipp's
coat, intended to secure it for hiraself, in advance. The enemy
intended to punish with outrageous barbarity, the refusal of Col.
Croghan to surrender. The threat made by Elliott, that if they
were compelled to take the fort, there would be a general raassa-
cre, would have been realized, had the event of the day been favora
ble to the besiegers. Col. Short, who led the attack, was not less
bloody minded than Proctor and his agents. As he advanced to
storm the fort, he shouted to his men " to give the Americans no
quarters." Scarcely had he given utterance to the savage order, when he
was laid prostrate by a shot from the fort. The man who would
refuse quarters, found himself a supplicant for the kindness which
he had resolved to deny to others. The raen who were ordered to
give "no quarters," were relieved and treated with the utraost
kindnfess by the soldiers in the garrison ; who, while the fire was
kept up against them, supplied the suffering and wounded enemy
with water from their own canteens. .
This victory, for such it may truly be termed, was hailed with
joy and gratification. It was the turning point of the war in this
section, and was the precursor of decisive and important success,
which followed closely upon it, resulting in driving the eneray from
his strong holds, and planting the American standard, both upon
. regained and conquered territory.

CHAPTER IV.
Reception of Col. Cass at Washington — His promotion — Confidence of the Gov
ernment in him — 1§ apppointed Brigadier General— He joins the army under
Harrison — Harrison assigns to Gen. Cass the coramand of the army at its de
barkation on the Canada shore — Proctor's flight — Movements of the army in
Canada — Battle ofthe Thames — Gen. Cass, with Com. Perry, acting as aids to
Gen. Harrison — Defeat and flight of Proctor — Is pursued by Gen. Casa — Har
rison's testimony to the personal exertions and bravery of Gen. Cass — Gen.
Cass is left by Harrison in command at Detroit — Is appointed Governor of the
Territory by President Madison — The responsibility of his Office — His quali
fications — The attachment of the Citizens of the Territory — His journey to
Albany in midwinter.
Colonel Cass, on repairing to Washington, on his parole, was
received by the adrainistration with the favor due to his distin
guished services, in Canada and Michigan. He held in Hull's ar
my the rank of Colonel of militia. The administration conferred
upon hira a Colonelcy in the regular service. About the same tirae
he was also elected by the volunteers of Ohio a Major General of
militia. He could not, however, at that time, take an active part
in the war. He was not enabled to do so until after the coramence
ment of the year 1843. At the time of his appointment as Colo
nel, so great was the confidence of the government in his ability
and judgmeat, that he was permitted to select his own officers for
the regiment to be placed under his coraraand. For this purpose,
blank comraissions were issued to him by the War Departraent.
Col. Cass was exchanged and released frora his parole in the raid-
die of January, 1813. The rank of Brigadier General was con
ferred upon hira in March following. In April, the United States
was divided into nine military districts, and General Cass, with
Gens. Harrison and McArthur, was assigned to the command ofthe
eighth division, composed of Kentucky, Ohio, Indiana, Michigan,
Illinois and Missouri.
In pursuance of his appointment, he left Washington for the
west, to join in , the patriotic movements there, among the volun
teers, and attach himself to the command of Major General Harri
son. An expedition against Maiden was contemplated. General

LIFE OF GENERAL CASS. 66
Harrison was at Senecatown, awaiting the arrival of the Erie flotil
la, under Perry, to carry his army to Canada. On the 20th of
September, 1813, the array, two thousand regulars and three thou
sand militia, embarked. They reached the Canadian shore, a few
miles below Maiden, and landed on the 27th ofthe same month.
To Gen. Cass was assigned, by Gen. Harrison, the charge ofthe
array at their debarkation from the vessels. He formed the troops
into line and arranged thera for their march upon Maiden. The
following is a part of the general order, addressed to the soldiers :
" Kentuckians — remeraber the river Raisin ; but remember it only
when the victory is suspended. The revenge of a soldier cannot
be gratified upon a fallen enemy."
Within an hour after landing, the American force took posses
sion of the town. Gen. Proctor, who was in command ofthe Bri
tish army, retreated up the Detroit river, carrying with hira every
thing raoveable. Before leaving, he burned the fort, navy-yard,
barracks, and public store houses.
This sudden flight, betraying cowardice in Proctor, served, in
some degree, to alienate his Indian allies. Tecuraseh, and other
warriors, were indignant that no resistance was to be atterapted.
In the narae of all the chiefs and warriors, Tecuraseh addressed a
"talk" to Proctor, in which he used plain language to express his
displeasure at the treatment they had received.
Gen. Harrison's array were entirely destitute of raeans of pursu
ing, expeditiously, the retreating eneray. Proctor had laid the
country under contribution, and collected upwards of one thousand
horses for the use of his flying array The only horse in our array
at the time, was a sraall French pony, devoted to the use of the
venerable Gov. Shelby, of Kentucky, who was then sixty-five years
of age, but as full of military ardor and laudable desire for revenge,
as any of the young officers around him. On the 29th September,
Gen. Harrison moved up to Sandwich, opposite Detroit, crossed
over and took possession of the town and territory. He was warm
ly welcomed by the poor and oppressed inhabitants, who had been
so long subjected to the tyranny and robbery of their enemies. He
issued his proclamation reinstating the civil governraent which
had been interrupted by Hull's surrender. The officers who were,
at the capitulation, exercising authority within the territory, were
5

66 LIFE OF GENERAL CASS.
authorized to resume their functions ; the citizens were restored
to the enjoyment of their former rights and privileges, and the laws
at that time in force, were re-established. On the 30th of Sept.,
Col. R. M. Johnson arrived at Detroit, with his regiment of raount
ed men. With these Gen. Harrison joined his army at Sandwich,
and begun his pursuit after Proctor's army. By rapid marches,
diversified by skirmishes with parties of the enemy, he overtook
Proctor near the Moravian town, on the river Thames, in Canada,
eighty miles from Detroit. On the evening of the Sth of October,
he forced the enemy to fight, and achieved a complete victory over
the combined British and Indian forces.
The road by which the Moravian town was reached, at about
the distanceof three miles frora the settleraent ran through a dense
beech forest, and for most of the way near the bank of the river
Thames. A swamp ran parallel with the river, distant from it a
few hundred yards. The ground between is high and dry. Across
this strip of land the British and Indian forces were drawn up when
Harrison came up with them. The American army was then form
ed for attack. Gen. Trotter's brigade formed the front line, his
right upon the road, his-left upon the swamp. Gen. King's brig
ade, as a second line, one hundred and fifty yards in the rear of
Trotter's, and Child's brigade as a corps of reserve in the reaf ot
it. These three brigades were commanded by Major General
King. The whole of Gen. Desha's division, of two brigades, was
formed upon the left of Trotter. Col. Johnson's regiment of
mounted men were drawn up in close column, its right some fifty
yards from the road, its left upon the swamp. The duty of this
regiment was to charge at full speed upon the eneray, with the
bayonet, as soon as they discharged their fire. This was a new
manoeuvre in military tactics suggested by the exigency of the oc
casion, and was eminently successful.
A few regulars of the twenty-seventh regiment, under Col. Paul,
occupied, in column of sections of four, the sraall space between
the road and the river, for the purpose of seizing the enemy's ar
tillery. The crochet forraed by the front line and Gen. Desha's
division, was an iraportant point. At this spot. Gov. Shelby was
posted. Gen. Harrison, with his aids Gen. Cass, Com. Perry and
Capt. Butler, took station at the head of the front line of infantry

LIFE OF GENERAL CASS. 67
The army moved in this order a short distance, when the mounted
men received the British fire, and were ordered to charge; the hor
ses in the front of the coluran recoiled from the fire ; another was-
given by the eneray, and the column getting in motion broke-
through the enemy with irresistible force. In one minute the con
test in front was over. The enemy were unable to re-form their
disordered ranks, and our raounted raen charging upon them witb
destructive effect, they soon surrendered. The contest on the left
flank was more severe and longer in duration. Col. R. M. John
son there engaged with the Indians, who poured upon him a gall
ing fire, which he returned with great effect. A part of the In
dian force advanced and attacked our front line of infantry, near
its junction with Desha's division. They made a temporary im
pression upon it, but Gov. Shelby carae up with a regiment, and,
the enemy being fired upon, both in front and in rear, made a pre
cipitate retreat, in which many of them were killed. Col. JohnsoB
was severely wounded, but as a recorapense for his sufferings,
which were protracted, he has the credit awarded hira by his coun
trymen, of killing, in personal combat, during the fight, the cele
brated chief and warrior, Tecumseh. The American army amoun
ted to about three thousand men, superior in nurabers it is true, to
the enemy, but the latter had the advantage in having the choice
of ground and time in arrangeraent of the line of battle. Of the
exact force opposed to Harrison, there is no satisfactory account.
It is certain that just before Proctor fled frora Maiden, he had
there at least three thousand Indians, but great nurabers, disgusSed
with his pusillanimity, left him. His force at the Moravian town
was at least two thousand. The white prisoners captured were
more than six hundred in number ; not many British soldiers were
killed. The slaughter among the Indians was rauch greater; thej
fought with greater bravery, and sacrificed themselves for the be
nefit of their civilized but unnatural allies. Among the trophies
of this victory, there were taken a nuraber of field pieces, and se
veral thousand small arms. Most ofthe latter and two ofthe for
mer were those taken from Gen. Hull. Excepting one standard, all
the emblems of conquest acquired during the carapaign by the
British, were re-captured. Araong the prisoners, were all the su
perior officers of the British array but Gen. Proctor. He made

68 LIFE OF GENERAL CASS.
his escape with sorae dragoons and mounted Indians, apd although
extraordinary efforts were made to capture hira, they were unsuc
cessful. In this battle were many, conspicuous for deeds of per
sonal bravery. Gen. Cass was prominent among those, who by
individual exertions deserved and received honorable commenda
tion frora the comraanding General. As one of fhe confidential
staff of Gen. Harrison, he rendered iraportant service in forming
\the lines for battle. The difficulty in the perforraance of this du
ty, which is always highly responsible, was enhanced bythe nature
of the ground. Woods, marshes, and streams surrounded them,
and it required all the knowledge and discretion of a military vete
ran, and which Gen. Cass possessed in an erainent degree-, to put
our forces in advantageous positions.
Gen. Cass led the pursuit after Proctor, who had fled at the first
moment of encounter. He was not able to take the flying Gene
ral, and had to remain satisfied with the capture of his carriage,
baggage, and papers relating to the operations of the eneray, the
possession of which, from their disclosures, was considered of no
small consequence.
Gen. Harrison's official account of this battle does justice to the
brave men engaged in it. He speaks in terras of the highest en-
coraium of Gen. Cass, and acknowledges the valuable aid derived
firora his presence and exertions. By order of Gen. Harrison a
part of Cass' brigade remained at Sandwich, with directions to fol
low when their baggage should arrive from the lake, where it had
been left. "Having no coraraand," says Gen. Harrison, " he ten
dered me his assistance." "I have already stated that Gen. Cass
and Cora. Perry assisted me in forming the troops for action. The
former is an officer of the greatest merit ; and the appearance of
the brave Commodore cheered and animated every breast."
This decisive and brilliant victory was the cause of rejoicing
throughout the Union. It was indeed a triumph. The enemy
were driven from the northwestern frontier. Previous to the bat
tle of the Thames, Gen. Harrison invested Detroit with a detach
ment of his army. Soon after the battle an armistice was conclu
ded with the hostile Indians, and Gen. Harrison sailed down the
lake to Buffalo with about thirteen hundred troops. Gen. Cass
was left in command at Detroit. No military movement, of note,

LIFE OF GENERAL CASS. 69
occurred during the winter of 1813. The Indians having lost
their great leader, Tecumseh, were generally disposed to reraain
quiet and seek alliance with our people.
In October, 1S13, Gen. Cass accepted, from President Madison,
the appointment of Governor ofthe Territory of Michigan. The
Government felt it a duty to bestow some distinguished evidence
of approbation upon one who had rendered his country such sig
nal service in time of need. Nothing seemed raore appropriate
than the bestowment upon hira of civil authority over the Terri
tory in whose defence he had periled his life. This appointment
was not sought for by Gen. Cass, and he reluctantly decided upon
accepting it. Nor did he do so, until he was entreated to comply
with the desire of the President, by the inhabitants of that remote
territory, who, upon learning the intentions ofthe Executive, with
one voice joined in the request that he would become their Gov
ernor. In his campaign among them he had, by his soldierly frank
ness and bravery, his promptness in the hour of emergency, his
courteous and pleasing manners, won their respect and attachment.
He yielded to their persuasions, and, early in the winter of the
same year, he removed with his family from Ohio to Detroit.
The responsibilities which he now assumed, were of the most
trying and arduous character. Located in a distant frontier, sur
rounded by thousands of warlike savages, whose friendship could
not be relied on, the inhabitants were in constant fear of attacks
frora thera. For two years subsequent to his assuming the govern
ment of the territory, there were frequent outbreaks of hostilities
by the savages, arising from their inordinate arid unconquerable
propensity to rob, plunder, and murder the defenceless. To pre
vent serious consequences resulting from these outbreaks, required
continual watchfulness and managenqent on the part of the Gov
ernor. He was often compelled to put himself at the head of par
ties of arraed citizens and soldiers, to resist these predatory incur
sions of the Indians. On these occasions he was frequently expo
sed to irarainent personal danger ; but the sarae courage and am
bition to lead, which characterized him when comraanding our
forces against regular and disciplined troops, attended hira in the
Indian hunt. These Indians could not voluntarily desist from
coramitting depredations upon the property ofthe whites. At the

"70 LIFE OF GENERAL CASS.
instance of the Governor, the United States furnished a small sup
ply of arras and araraunition for the use of the citizens to defend
themselves against the attacks of the Indians. The woods near
and around the city of Detroit afforded them convenience for re
treat and shelter. Frequently the inhabitants would asserable en
masse, arraed with such weapons as they possessed; and led by the
Governor, would march on expeditions against their tormentors.
The Indians would almost always succeed in avoiding a combat
with their pursuers. Once, just after the comraission of a most
cruel and daring outrage, a party was forraed for the purpose of
driving away into the interior, the Indians who infested the vicinity
of Detroit. With the Governor commanding, they raarched tothe
Indian camp, but on arriving there, they found it deserted. Search
ing the forest, they caught sight of the Indians retreating. The
pursuing party being on horses, were impeded by the trees and un-
<ierbrush, and the Indians escaped to the river Rouge, where they
plundered and maltreated the settlers. From there they were
driven by the Governor and his party, and fled by a circuitous route
and encamped about twenty miles north of Detroit, and from there
¦they were at last forced to retreat to Saginaw.
The deterrained spirit of the settlers to punish them for these
outrages, had the effect of rendering them less troublesome ; yet,
for many years after the war, they continued to annoy the inhabi
tants. They vvere sometimes tried for their offences in the terri
torial courts. At the Septeraber terra, in 1820, of the supreme
court of the territory of Michigan, two Indians were arraigned and
tried. Ke-wa-bish-kira, for the murder of a trader at Green Bay,
aamed Ulric, and Ke-taw-kah, for killing Dr. Madison, of the ar
my. The forraer was first put on trial. Two interpreters were
sworn, one to interpret English into French; another from French
into Chippewa; but the Indians not understanding that language, a
boy was sworn to interpret into the Menominee tongue. Ke-wa-
bish-kim was, asked if he knew why he was brought there. He
said he did not. The Judge said, he wished to know why the In
dian was there; he had not read the indictment, nor did he wish or
intend to : he would rather not look at it. Two lawyers present,
then examined the indictment, and inforraed the Judge, that the
Indian was there for the murder of a Frenchman at Green Bay.

LIFE OF GENERAL CASS. 71
The Indian was then told, by the boy, why he was there. He said
he knew tliat. The interpreter was then told to ask the Indian if
he was ready for trial. The boy could not put this question, be
cause there was no such word as trial in the Menorainee language.
The Judge told him, to ask the Indian "if he is willing to pass
before twelve raen." He replied that he was. On being asked if
he had any witnesses, he said he wanted the Indian who gave him
the knife. Counsel were assigned to defend him. He said he
wanted four nights to prepare, and that they might take pity on
him and give him his liberty. The Judge granted the tirae, and
told him the court would be his friends, and do all they could to
clear him. He was then remanded to prison.
On the following day, Ke-taw-kah was brought into court. His
fetters were taken off, by order of one of the Judges, who said it
was wrong for any one to appear in court in that manner. Pro
ceedings similar tothosein the case of Ke-wa-bish-kim took place.
One of the Judges directed that the counsel for the government
should stand up and be pointed out to the Indian. To this they
objected, as they did not desire to be made liable to the prisoner's
resentment, in case of his acquittal. After several days discus
sion upon points of practice, law, &.c., the Indians were tried and
convicted, and sentence of death passed upon them. Thursday
Dec. 27th, 1821, was the day appointed for their execution. While
in jail, they prepared themselves after their own customs, to meet
their fate. All the tobacco, pipes and other articles they could
procure, were laid aside as an offering for the great Spirit. By
drawing a piece of leather over the vessel which contained their
drink, they raade a kind of drura, around which, having painted
theraselves black, they danced their death dance. With some red
paint which was given to them, they drew upon the walls of their
cell figures of men, beasts and reptiles, and on their blankets paint
ed the figure of an Indian, suspended by the neck. They acknowl
edged the justice of their fate, and that they deserved the punish
ment that awaited them. The gallows was erected in a spot where
it was visible to them frora the jail ; and though they knew it was
intended for them, it excited no expression of dread or fear of death.
They had made up their minds to meet their doom with true In-

72 LIFE OF GENERAL C.\SS.
dian fortitude, and on the day before their execution, were as
cheerful and contented as at any time of their imprisonraent.
On the day of execution they were taken frora the jail to the
Protestant church, where an appropriate discourse was delivered
to a large assemblage, by Mr. J. P. Hudson, of the Mission. They
were then taken to the gallows, which they ascended with firm
ness and composure. They shook hands with their counsel, and
a few others, who stood near, and asked pardon of the spectators
for the crimes they had committed. They then shook hands with
each other, the caps were then drawn over their faces, and the final
act of the solemn scene consummated.
Murders, not alone of whites, but of their own people, were fre
quently committed by the Indians. Being almost at all times drunk,
it is not to be wondered at, that they so easily and so often imbru
ed their hands in human blood. In the winter of 1826, in the af
ternoon of a day in January, a Chippewa was found in the street,
in Detroit, nearly dead from a cut in his head with a tomahawk.
Kish-kaw-ko — a notorious war chief, dreaded for his many and
atrocious murders, was suspected of the crime. Ha was sought
after, and found, with liis son, Big Beaver ; the latter had his fath
er's tomahawk, which was stained with blood. When he was ar
rested, he said the blood was frora some meat he had been cutting.
Both ofthem went quietly lo prison, on being told it was Governor
Cass' wish they should go there. The Coroner's jury found a ver
dict against Big Beaver, as the principal in the murder, and Kish-
kaw-ko as accessory. The Indians remained in jail until May,
when Kish. was found one morning dead in his cell. A jury of
inquest returned a verdict of natural death, but from circumstan
ces afterwards ascertained, it was rendered probable that he poi
soned himself The night before, one ofhis wives brought him a
small cup, and went away. Soon after a number of Indians called
to see hira, and held a long conference, and when they went away,
took leave of hira with great solemnity and affection. After they
left, Kish. asked the jailor to give him liquor, a request which he
never before made. At an early hour the next morning, the peo
ple who visited him the previous evening, came and asked to see
him. When they found him dead, they appeared delighted, and

LIFE OF GENERAL CASS. 73
as if gratified to find their expectations realized. All but a few
of his band started immediately for Saginaw. Those who remain
ed, perforraed the funeral ceremonies. He was buried by moon
light, on a farm near the city.
He was one of the raost ferocious and savage chiefs of raodern
times. His influence with his people was great, although he was
unpopular. He was tall and athletic, and of great decision of
character. He was attended by a large retinue when he visited
Detroit — was peculiar for carrying his war axe upon his left arm,
tightly grasped with his right hand, as if in expectation of striking.
His despotism may be learned from the following occurrence at
Saginaw : — One of his band killed another. The friends of the
victim were clamorous for revenge. The raurderer's friends were
desirous of saving hira from their vengeance, and negotiated for
his life. The conditions were agreed upon, and the property of
fered in fulfilment of the bargain was about to be delivered, when
Kish. stepped up and struck the murderer dead with his tomahawk.
When asked why he interrupted their proceedings and interfered
with their lawful agreements, he merely replied, "the law is al
tered." Big Beaver, like his father, was a powerful and muscular sav
age ; and one day when the jailor's son went to see him in his cell,
just as he opened the door. Big Beaver seized hira, thrust hira in
side, locked the door, and escaped to the woods. He was never
re-taken, but was not long after drowned in Saginaw Bay.
The number of inhabitants of the Territory did not exceed four
thousand, and they were principally the descendants of the early
French settlers. They looked up to the Governor for advice and
assistance in every eraergency, feeling assured that in him they
had found a personal friend, in whom their confidence was not
misplaced. Gen. Cass was pre-eminently qualified for the responsible sta
tion to which the President had appointed hira. His experience
of frontier life — his indoraitable spirit of overcoraing difficulties,
which would have paralyzed the efforts of a man of less determi
nation, were precisely the qualities needed in whoever should oc
cupy the important office of Governor of Michigan.
In those days, Detroit, and the few other settlements in Michi-

74 LIFE OF GENERAL CASS.
gan, were looked upon as mere trading posts. They were to a
great extent cut off from intercourse with the settled parts of the
United States. The inhabitants were sparsely settled along the
margin of the principal rivers and the lakes, and their attachment
to old customs and manners, their uniform adherence to the path
which their ancestors had trodden, werfe obstacles in the way of
the rapid increase of population, or of bringing to the notice of
the eastern world the really fruitful resources contained within the
territorial limits.
The territory of Michigan previous to 1805, and after posses
sion was obtained from the British in 1796, was a part ofthe ter
ritorial organization known as "the territory of the United States
northwest of the Ohio river;" this was governed by the ordinance
of 1787, and was then in the first grade of territorial governraent
as prescribed by that ordinance; that is, its civil officers, were a
Governor, Secretary, and three Judges. The Governor and Judg
es, or a majority of them, were empowered to adopt such laws of
the original States, civil and criminal, as might be necessary and
best suited to the circumstances of the district. This proceeding
was subject to revision by Congress. In the year 1798, the north
western territory entered into the second grade of territorial gov
ernraent, in which a general asserably or legislature is added to
the range of civil officers. To entitle a district to be represented
in this body, it was necessary that there should be in the district
five thousand free male inhabitants of full age; for every five hun
dred free male inhabitants, one representative was allowed. Mich
igan was represented that year by one representative in the gene
ral assembly at Chillicothe.
In January, 1805, Indiana was erected into a separate govern
ment, and the residue ofthe Northwest Territory was divided into
the Illinois and Michigan territories. On the first of July of the
same year, the territorial governraent of Michigan vvas organized
at Detroit, by Gen. Hull, vvho had been recently appointed Gov
ernor. At this time, the quantity of land within the newly organ
ized territory, at the actual disposal of the governraent, was small ;
principally embraced east of a line running from the river Raisin
to Lake St. Clair, at a distance of six miles from the shore of lake
Erie and the river Detroit. At this time negotiations were com-

LIFE OF GENERAL CASS. 75
menced in relation to the titles of land. It was found that not
more than six tracts in the whole territory were legally held by the
claimants. Lands were held, in many instances, by grants from
subordinate French and English officers. Iraproveraents were
made upon them, and some of thera had been held and occupied
for years, under this illegal and uncertain tenure. These, fortu
nately for the settlers, were confirraed to thera by legal grant from
the United States.
Gen. Hull, in 1807, held a treaty at Brownstown, and obtained
from the Indians a further cession of their title tothe lands. This
was the first considerable extinguishment of Indian title : the
southern boundary of the cession was the Maumee bay and river,
and it erabraced all the lands lying east of a line running north
from the mouth ofthe Au Glaize, a tributary of the Miami, until
it should intersect the parallel of the outlet of lake Huron ; thence
extending in a northeasterly direction to White Rock, on lake
Huron. This northerly line was afterwards adopted as the princi
pal meridian line for the public surveys of the territory. Subse
quent treaties were afterwards made with the Indian tribes, by
Gov. Cass, which will hereafter be referred to more in detail.
It may well be imagined, that at this time the office of Governor
was no sinecure or one of mere honor. Although the Indians
were in a measure overawed by the victory over Proctor at the
Thames; had lost their leader and were deserted by their British
allies, they were by no means friendly. Hostilities yet existed be
tween our country and Great Britain, and the greatest necessity ex
isted for the most untiring vigilance. The country which had been
overrun by the savages, presented a scene of horror and devasta
tion, which it is believed has been seldom equalled in the annals
of civilized warfare. The only route then passable between De
troit and the nearest settlements in Ohio, presented one continu
ous array of proofs of raerciless and savage barbarities. The sym
pathies of the Governor and his family, and of the citizens of De
troit generally, were called into action by the sufferings and cap
tivity of persons who had become prisoners to the Indians during
the war. They were treated vvith most extreme cruelty by their
savage captors. Many ofthem were brought to Detroit by the In
dians, with the object of obtaining large ransora for them. A II that

76 LIFE OF GENERAL CASS.
could be done by the humane and generous citizens, was freely ef
fected. Money was paid for thera ; they were taken in, sheltered
and clothed, and this, too, when raost of their benefactors them
selves were reduced to necessity, by the ravages of war, and were
held by the surrender of the town in a state of vassalage to British
authority. The patriotic exertions of the people were afterwards
remunerated by Congress, as in strict justice they deserved.
In the winter of 1813, Gov. Cass was ordered to repair to Alba
ny, to give his testimony on the trial of Gen. Hull, for his conduct
of the northwestern campaign. In company with several others
ordered there on the sarae business, the Governor started from
Detroit on Christmas day. The journey, for sorae distance, was
performed on horseback, each one carrying his own provisions.
The end of the first day's ride brought them to Brownstown, twen
ty railes from Detroit, where they encaraped for the night. The
road from Brownstown to the river Raisin, was for one-third ofthe
distance, one continuous swamp. The ride was extremely wea
rying. In crbssing the swamp, it being but slightly frozen on the
surface, horse and rider would frequently become mired ; and the
help of tho.se who had been more successful, was required to ex
tricate thera. On the evening ofthe third day, they reached Fort
Meigs ; and on the next day, such was the condition ofthe coun
try, that ten railes were all they accoraplished. Frequently at
night, it happened they could not find a spot of dry ground large
enough to accommodate their encampment. Then, each one sought
for hiraself the best place to be found. The Governor would spread
his saddle blanket at the root of a tree, where the prospect was
most promising, and take up his lodgings for the night. The par
ty at that inclement season, suffered greatly from meagre fare, fa
tigue, and the impossibility of kindling fire, where they encamped.
A fatiguing journey of five days, at length brought them to Sandus
ky Bay, where for the first time since leaving home, they had the
corafort of a night's rest under the roof of an humble log dwelling.
At Cleveland, they procured a sleigh and driver, and hastened on
to Erie. From there they started for Buffalo ; on arriving there,
they found the town in ruins, it having been burnt a few days
previous, by the British. Gov. Cass comraunicated to the Secre
tary of War, the condition of the town and vicinity. He described

.LIF'E of GENERAL CASS. 77
it as exhibiting a scene of distress and destruction, such as he
never before witnessed. The Governor and his corapanions arri
ved at Albany about the tirae of the commenceraent of the court
for the trial of Gen. Hull. A gentleraan, who was present at the
time Gov. Cass was called to the stand, and who was himself one
of the witnesses, states that when the Governor appeared and was
sworn, Martin Van Buren, judge advocate, commenced in rather a
flippant manner, to propound questions to him, careless of their im
port or pertinency. He soon learned that he had no ordinary man
before hira ; and a short experience with the Governor, as a wit
ness, warned the judge advocate, that a raore respectful demeanor
and more carefully formed interrogatories, were due to the distin
guished man whom he was examining.

CHAPTER V.
Colonel Cass as Governor of Michigan Territory^The arduous duties of his
Office — Examination of Upper Michigan — Is requested by Government to as
certain the disposition of the Indians in Ohio in regard to disposing of their
Lands — Is appointed Commissioner — Concludes an important Treaty— Urges
the construction of a military road through Ohio — Number of Treaties made
and concluded by Gov. Cass with Indian Tribes — Tour by way ofthe Lakes to
the head-waters of the Mississippi — Leaves Detroit in an open boat — Navigates
the Great Lakes in a canoe — Perils of the Route — Personal exposure of Gov.
Cass in resenting an insult to his Country's Flag — His determination and the
successful results of his expedition — Is appointed to negotiate Treaties of
Peace between hostile Tribes — Accomplishes his purpose — A novel Temper
ance Lecture — Treaty at Fond du Lac — Gov. Cass' address to the Pottawato-
mies and Miamis.
As the executive officer of Michigan, Gen. Cass found a raulti-
plicity of objects, calling for the exercise of his powers as a states-
maa It is rarely that military skill and eminence in the civil de
partments of government, are found combined in the same indi
vidual. When they do so exist, that people may be regarded as
truly fortunate who are placed under the government of one who
is alike able to lead thera to victory against their eneraies, and de
vise good and wholesorae laws for the protection ©f their civil
rights, and the establishment of their social happiness. Such ap
pears to have been both the ambition and the result of Gen. Cass'
administration. Consequent upon the ravages of war, disorder
reigned ; it was as if order and civil government were to be insti
tuted de novo ; chaos changed to system and harmony. The civil
divisions of the Territory were to be defined, courts established,
officers and magistrates appointed, and measures comraenced to
develope the resources of the country, and attract towards it the
attention of the inhabitants of the States. Besides all these, there
were forraidable bands of Indians within the Territory who were
to be conciliated and induced or forced to enter into treaties of
amity and peace. The Indian title was to be extinguished to vast
tracts of land, not only within the Territorial limits, but else
where, northwest of the Ohio. A policy was to be formed and

LIFE OF GENERAL CASS. 79
adopted towards these savage owners of the right of soil, which
should becorae a permanent institution of the government. There
were prejudices, too, to combat, in regard to the natural resources
of Michigan, which had their origin in ignorance, to which, per- ¦
haps, may be added, the inducement of interest.
Persons acting in an official capacity, had circulated through
the newspapers of the day, that the interior of Michigan was one
vast morass, entirely useless to the white man for purposes of ag
riculture, if not altogether inaccessible to his enterprise and pio-
neering spirit.
The lands of Michigan, now well known and celebrated for their
beautiful formation, fruitful qualities and facilities of tillage, were
then represented as unfit to be given away. To overcome these
unfounded and injurious prejudices, was one of the undertakings
which Gov. Cass conceived to be his duty. For this object he
projected and encouraged expeditions to explore and examine the
country, hiraself often accorapanying the expedition.
In 1819, an exploring expedition upon an extensive scale, having
in view the exaraination of the upper country of the peninsula,
even to the sources of the Mississippi, was projected ; and in the
following year was undertaken and accomplished by hira. Incal
culable benefits were derived from these enterprizes. The actual
condition, appearance, and nature of the country, were satisfac
torily ascertained. His reports and notes of the route, were pub
lished, and brought into notice the iraraense prairies and openings
of the West. Hundreds were induced to eraigrate thither from
the less fertile lands, and more lab6rious tillage of the East. This
expedition and its influences, will hereafter be considered
In 1817, it was deemed advisable bythe Government to attempt
the extinguishment of the Indian title to all the land claimed by
them within the liraits of the State of Ohio. Gov. Cass was selec
ted by the President to ascertain by personal interview with the
chiefs and head men of the several tribes who claimed the lands,
how far it would be practicable to carry into effect the wishes of
the Government. The proceedings were left discretionary with
the Governor. If he should find that it would be impossible or
impolitic to endeavor to obtain all the country claimed, his nego-

80 LIFE OF GENERAL CASS.
tiation was to be confined to an attempt to procure the relinquish
ment of a portion.
Accordingly, in the month of April, in that year, the Governor
proceeded to Lower Sandusky, in Ohio, to ascertain the views of
the Indians on the subject of his mission. He learned there, that
there was but little doubt but that the Indians would consent to
cede a considerable portion of their country. Upon his report to
the acting Secretary of War, a commission was issued, in the fol
lowing May, authorizing Gov. Cass and Gen. McArthur to nego
tiate a treaty. No definite instructions were given in regard to its
provisions, further than that the commissioners should keep in
view the desire of the Government to effect the peaceable removal
of the Indians from the shores of Lake Erie to lands west of the
Mississippi river. All besides was left tothe judgment and discre
tion of the coramissioners. In pursuance of this authority, Gov.
Cass, with his associate, caused the sachems, chiefs and warriors
of the Wyandott, Senesa, Delavyare, Shawnee, Pottawatomie, Ot
tawa and Chippewa tribes of Indians, to assemble at Fort Meigs,
in Ohio. They met them there, and on the 29th of Septeraber,
1817, concluded and signed a treaty, by which those tribes ceded
to the United States nearly all the land which they clairaed within
the limits of Ohio, a part in the State of Indiana, and a portion in
the Michigan territory. This was one of the most important In
dian treaties ever negotiated in the United States. It attached the
isolated population of Michigan to the five hundred thousand in
habitants of Ohio ; it raade the territory of Michigan, in a fuller
sense, a constituent part of the American Union, and removed, for
ever, apprehensions that then existed, of a powerful and inimical
confederacy among the Indian tribes. There were difficulties
attending its successful accomplishment, which required all the ex
perience and sagacity of the commissioners to overcome. The
Indians were in a feverish state of excitement ; when the negotia
tion was corapleted, they were reluctant to part with their lands.
They did not contemplate with any degree of pleasure, the pros
pect of a new home beyond the distant Mississippi. They prefer
red to retain their old hunting grounds, that they might linger un
molested amid their accustomed haunts ; around the places of their
birth and the graves of their sires.

LIFE OF GENERAL CASS. 81
Moreover, they had become informed of the value to the United
States, of the desired acquisition. By intercourse with our own
people, they had learned the pecuniary value of the soil, as well
as its importance as a connecting link, binding together our north
western frontier. Its acquisition, too, was rendered more difficult
from the fact, that a greater portion of it was owned by the Wy-
andotts, a high spirited people. It was their last possession, and
when they parted with it, they would cease to be hunters ; they
would have taken a step vvhich would, as it were, blot out of ex
istence their character and customs as hunters and warriors. They
were solicited tij give up, absolutely, that which for ages they had
enjoyed, and which formed the zest and charra of their existence.
Yet, aoainst all these obstacles, the wisdora. and tact of our cora
missioners succeeded, and the Indian title was extinguished to
nearly four millions of acres, of a country beautiful and valuable,
fertile, well watered, and handsomely situated.
The value of the service rendered to the country by the negoti
ators of this treaty, was appreciated by the President and the Sec
retary of War. In the note of the War Department acknowledg
ing the receipt of the treaty at Washington, the Secretary says :
" The extent of the cession far exceeds my most sanguine expect
ations, and there can be no real or well founded objections to the
amount of compensation given for it, except that it is not an ade
quate one. This treaty raay be considered in its fiscal, political,
and moral effects, as the most important of any that we have hith
erto made with the Indians."
It was at this time that Governor Cass urged upon the conside
ration of the government, the political and pecuniary necessity for
constructing a road from Sandusky to Detroit. Its advantages to
the governraent in a railitary and fiscal view, were pointed out in
a eommunication to the War Department, so clearly and argumen-
tatively, that its necessity could not be overlooked. Had there
been during the war, a good road running from the interior of Ohio
to Detroit, immense sums of money would have been saved to the
nation; the capacities for supplying the railitary posts on the
Lakes, with troops and provisions, would have prevented rauch of
the disaster which befel the northwestern army at the outset of the
6

82 LIFE OP GENERAL CASS.
campaign. The government were induced by the application of
Gov. Cass and his colleague, to commence building a road over
the route indicated, taking in its course the well known morass —
the Black Swamp.
Subsequent to the negotiation of this treaty, and within a period
of eighteen years. Gov. Cass made and concluded nineteen trea
ties with the several tribes of Indians within our borders, all of
which, but one, vvere in the Northwest Territory. The number
of Indians within the extent of his jurisdiction, when he assumed
the superintendency of Indian affairs, was forty-two thousand,
among whom were nine thousand warriors. The responsibility
resting upon him was indeed onerous ; but the duty to his country,
and to all interested, was faithfully and efficiently discharged. His
care and control of these fierce sons of the forest comraenced at
a tirae too, when to the natural difficulties of peforraance, was ad
ded imminent personal danger to the officer. The war of 1812,
in which these ferocious allies of the most christian British mon
arch had borne a horribly conspicuous part, wag still pending; the
influence of the British army was e.xercised against his efforts to
form treaties of peace and amity with them ; the ashes of the pio
neer's cabin they had burned, were still warm; and the scalps of
their massacred victims', still hung green in their wigwams. Yet,
in spite of these fearful odds, did this pioneer commissioner man
fully do the bidding of his country, in winter or summer, day or
night ; traveling through the wilderness on foot or on horse-back,
or making the tour of the great Lakes in a birchen canoe. In the
discharge of these duties, hundreds of thousands of dollars were
disbursed by him, most of which was transported at his own risk
and under his own watchful eye, without compensation commen
surate with the hazard of the undertaking; soraetiraes procuring
the means on his private credit, of fulfilling treaty stipulations,
when the government had neglected or delayed to provide them.
The prosperous farmer, who surveys with delight his rich fields
of ripening grain, upon our western prairies and openings, waving
its golden head beneath a suraraer's sun to the light breeze that
softly wafts across it, can scarcely realize the toils, the privations,
the dangers that attended the man who first obtained for hira the
right to own and cultivate his cherisbpd homestead. Seldom, per-

LIFE OP SENERAL CASS. 83
haps, does he stop to think that he and his neighbors for miles
around, are all indebted to the exertions, the self-denial, the con
scientious sense of duty of one man, for those teeming and fruit
ful fields, which bring gladness to his heart and prosperity to his
household. Yet the public records of the governraent bear testi
mony that nearly every foot of soil in the northwest was acquired
by Lewis Cass. No man was ever so closely identified with that
portion of our Country. No man in its behalf, has undergone so
much personal privation ; endured so much sacrifice of comfort
and enjoyment, or rendered such great and signal benefits as Gen
eral Cass.
The annexed statement will show the nuraber of treaties nego
tiated by Gov. Cass; when and with what tribes: also the estima
ted number of Indians under his superintendence in in 1813, when
he assuraed Executive duties at Detroit.
Indian Treaties concluded by Gen. Cass.
Names of Tribes. , Dates of Treaties.
Wyandots', Delawares, Shawnees, Senecas and Miamiea  July 22, 1814
Wyandots, Delawares, Shawnees, Pottawatamies, Ottawas and
Chippewas  Sept. 29, 1817
Delawares  Oct. 3, 1818
Miamies  Oct. 6, 1818
Pottawatamies  Oct. 2, 1818
Chippewas of Saginaw  Sept. 24, 1819
Chippewas of Saut Ste, Marie, Lake Superior  June. 16, 1820
Ottawas of L'Arbre, Lake Michigan  July 6, 1820
Chippewas, Ottawas, and Potawatamies of Illinois  Aug. 29, 1821
Sioux, Chippewas, Sacs and Foxes lowas Winnebagoes, Menom-
onies and Pottawatamies  Aug. 19, 1825
Chippewas of Lake Superior, and the Area northwest  Aug. 5, 1826
Miamies of the Wabash  Oct. 23. 1825
Pottawatamies  Oct. 16, 1826
Chippewas, Menomonies and Winnebagoes  Aug. 11, 1827
Pottawatamies  Sept. 19, 1827
Sacs and Foxes, Winnebagoes, Pottawatamies, Ottawas and Chip
pewas  Aug. 25, 1828
Potawatamies  Sept. 20, 1828
Chippewa, Ottawa, and Pottawatamies of the Illinois, Milwaukie
and Monitowac  July 29, 1829
Creeks  .' April 4, 1832
Estimate ofthe number of Indians within the superintendency of Gen. CasS, at
the period when this officer assumed tlie executive duties at Detroit, in the
autumn oflSVS. Warriors. Souls.
Wyandots of Ohio and Michigan  ;  600 2,500
Shawnees of Ohio and Indiana  120 60O
Senecas of Sandusky  100 500
Delawares of Indiana  160 750
Ottawas of Maumee  '¦  80 400
Ottawas of the Peninsula of Michigan  4flO 2,000
Saginaws  .240 1,200
Pottawatomies of St. Joseph &, the Huron......;  .' 100 °00

84 LIFE OF GENERAL CASS'.
Pottawatomies of Chicagioand Illinois at large...  ./^y 400 2,000
Chippewas of Lakes St. Clair and Huron, and the precincts of
Michilimacinac  1,000 5,000
Chippewas of Lake Superior, and the region north ofthe Lake of
the Woods and head of the Mississippi  2,000 10,000
Menomonies of Green Bay and Fox river  600 3,000
Win ebagoes of Western Michigan, now Wisconsin  1,000 5,500
Miamies, Weas, and Piankeshaws of the Wabash  900 4,000
Sioux and other bands from the west of Mississippi, and visiting
or roving Indians at large  600 3,000
8,890 41,400
The various tribes of Indians within the superintendency of Gov.
Cass, between the Lakes and the Mississippi, were but imperfectly
kaown, and so vvas the country they inhabited. To obtain a more
thorough knowledge of both; to explain to the Indians the views
@S the government towards them ; to acquire information which
wisuld facilitate and improve the performance of the duties of his
department, Gov. Cass projected the plan of making a tour by the
way of the lakes, to the head waters of the Mississippi. He com
municated his plan to the Secretary of War, with the objects and
purposes of the expedition, which were :
First. A personal examination of the different Indian tribes who
occupied the territory ; of their raoral and social condition ; of
their feelings towards the United States; of their numerical
strength ; and of the various objects connected with them, of which
humanity and sound policy required that the government should
p-ossess an intimate knowledge.
Second. To procure the extinction of Indian title to the land in
the vicinity of the straits of St. Mary, Prairie du Chien, Green
Bay, and open the communication between the two latter places.
Third. The examination of the body of copper in the vicinity
of Lake Superior.
Fourth. To ascertain the views of the Indians in the vicinity of
Chicago, respecting the removal of the Six Nations to that country.
Fifth. To explain to the Indians the views of the Government
respecting their intercourse with the British authorities at Maiden,
and distinctly to announce to them that their visits must be discon
tinued. Sixth. To ascertain the state of the British fur trade within that
part of our jurisdiction.
This proposition, and its objects, received the sanction of gov
ernment, except that relating to the further extinguishment of In-

LIFE OP GENERAL CASS. 85
dian title. This was then deemed inexpedient, further than to
procure a cession at the Saut de Ste. Marie, not exceeding ten miles
square. In prosecuting this enterprise. Gov. Cass adopted the most sim
ple and economical raeans. All tha.t he required was a birch ca
noe, with a compleraent of experienced boatmen. .No compensa
tion was asked for his ovvn time and services ; he only requested
permission to apply an appropriation already raade, of one thousand
dollars, to defray the actual expenses of the trip. To aid in ac>
coraplishing all of the proposed objects of the expedition, the gov
ernraent appointed a topographical engineer, and a gentleman skilt
ed in mineralogy and geology, to accompany the expedition.
On Wednesday, May •24th, 1820, arrangeraents for the expedi
tion being complete, Governor Cass started from Detroit, accom
panied by Capt. Douglass, of the engineer corps; Lieut. McCay,
of the corps of artillery ; Dr. Wolcott, of the Indian department ,-
Henry L. Schoolcraft, Esq., a scientific geologist, and three other
persons, citizens of Detroit. Their conveyances consisted of three
canoes, propelled by voyageurs and Indians : each canoe was
adorned with the flag of the United States flying from the stem-.
The departure of the paity caused no little excitement and anima
tion among the inhabitants of the territory, especially among the
citizens of Detroit. The wharf and the shore of the river were
lined with spectators. The novelty and hazard of the expedition
were appreciated by all. The canoes were paddled into the stream
amid the cheers and huzzas of the multitude, and were propelled
against a strong wind and current with astonishing rapidity ; the
voyageurs regulating the strokes of their paddles by one of their
singular and exhilerating row songs, and the Indians encouraging
each other by shouts of exultation. On leaving the shore, consid
erable exertion was made, both by the voyageurs and Indians, to
obtain the lead, and a handsome boat race was witnessed, in which
the Indians displayed their superior skill, and soon left the other
canoes far behind. This expedition, commenced with the appro
bation of the governraent, and under encouraging support from
residents near the country to be explored, was prosecuted with vi
gor and deterraination. The party, notwithstanding they were
impeded by head winds, arrived at Mackinac on the 10th of June,

86 LIFE OF GENERAL CASS.
having traversed about four hundred miles. There they procured
canoes of a larger size than those in vvhich they left Detroit. From
Mackinac they proceeded to the Saut of Ste. Marie, where Gov
ernor Cass negotiated vvith the Chippewas for a cession of sixteen
square miles of land, as instructed by the Secretary of War, for
the purpose of establishing a military post. This vvas an iraport
ant acquisition; one absolutely necessary for the preservation of
good feeling and araity on the part of the Indians inhabiting the
upper country.
Persons hostilely disposed towards our government, and jealous
of the influence which it vvas gaining over the numerous tribes of
Indians, were in the habit of resorting to this point from the Brit
ish outposts and trading stations, for the purpose of exciting by
false tales, and by bestowing presents, the minds of the Indians
against our officers. By evil counsel and the most corrupt means,
they partially succeeded in throwing difficulties in the way of
treaty negotiations. The cession above spoken of, preparatory to
the establishment of a military force there, to overawe the inimical
and hostilely disposed savages and prevent the visits of British em
issaries, was in the highest degree advantageous to the country.
The Saut Ste. Marie. vvas the key to the country around and north
of Lake Superior. It was the thoroughfare through vvhich the
Indians passed to receive their presents and medals at the British
post on Drummond's Island, near the raouth of the river St. Mary.
Its iraportance to the United States, could not be over estiraated.
It was on the occasion of effecting this treaty, that Gov. Cass dis
played, at the peril of his life, that personal courage and indiffe
rence to danger, by which singly and unarmed, he vindicated the
insulted dignity of his country, and overawed by moral force, a
band of arraed and angry chiefs. A gentleman vvho accompanied
the expedition, gives the following narrative of the occurrence : —
A chief vvho was called the " Count," appeared in the council at
Ste. Marie, in the full dress of a British officer of rank, and during
the conference, showed the greatest aversion to the Americans.
When the chiefs were about to retire, this fellow, standing by the
presents which laid in the centre of the marquee, where the coun
cil was held, with great contempt kicked them aside, and rushed
out of the marquee. In a few minutes the British flag, and not an

LIFE OF GENERAL CASS. 87
American one, was seen flying within thirty rods, and in front of the
Governor's camp, and in the midst of the Indian lodges. Immedi
ately the Governor, unattended by any of his party, walked to the
lodge where the flag was raised, and by which the chiefs who had
been in the council vvere standing, and seizing the flag, dashed it
to the ground and trampled it under his feet. The Indians appear
ed to be panic struck by this daring act. The Governor called to
the interpreter and remonstrated vvith the chiefs upon the irapropri-
€ty of thfeir conduct, and upon the hostile feelings which they dis
played by this act towards the United States. He also stated to thera
the inevitable result to which such conduct raust lead, and that a
repetition of it, while he vvas there, would not pass unpunished.
In less than fifteen minutes, the squaws belonging to the lodges,
with all their children, had abandoned their campi and were safely
landed on the British shore, and appearances indicated an iramedi
ate attack by the Indians upon the party. On the part of the ex
ploring party, preparations were instantly made for defence against
any attack which might be made by the Indians. But the firmness
of the Governor effected what had been nearly despaired of In a
short tirae the old chiefs sent to the Governor and disavowed the
act. They attributed it to their young raen, and expressed their
sincere regret at its occurrence. They also requested a renewal
of the council and professed their readiness fo raake the cession
of land asked for by the United States. The council vvas renewed
and'in a short time the treaty was consummated.
These same Indians, acting under the influence of British emis-
, saries, had, before this event, insulted American officers who visited
the Saut. They were aware of the object of our governraent in
desiring to obtain this cession of land, which doubtless raade them
more reluctant to part with it, than otherwise they would have
been. Had not Governor Cass raet the emergency precisely as
he did, intimidating the Indians by his heroism, the object would
not have been accomplished at that time.
Frora the Saut Ste. Marie, the party coasted along the southern
shore of Lake Superior to the Fond du Lac; ascended the St.
Louis to one of its sources; and descended a tributary streara of
Sandy Lake to the Mississippi river ; thence ascending to the Up
per Red Cedar Lake, the principal tributary of the Mississippi,

86 LIFE OF GENERAL CASS.
From this they descended the Mississippi fourteen hundred miles
to Prairie du Chien, passing on the route the post of St. Peter's.
They then navigated the Wisconsin river to the Portage, entered
the Fox river and descended it to Green Bay. At this point a por
tion of the party separated from Gov. Cass, intending, for topo
graphical exploration, to coast along the eastern shore of Lake Mi
chigan to Mackinac. The Governor returned to Detroit by way
of Chicago. He arrived at the latter place on the 11th of Sep
tember, having been traveling since the 20th of the preceding May,
during which time he traversed over five thousand miles of fron
tier in his canoes ; held various treaties with the Indians ; obtain
ed valuable accessions of territory ; explored a hitherto unknown
region of country ; procured additional knowledge of the feelings,
views, disposition, character, customs and niimbers of the Indians,,
arid a more accurate topography of the vast country watered by
the Great Lakes. The proposed objects of his expedition were
fully and satisfactorily accomplished.
In the year 182.5, Governor Cass and Governor Clarke, of Mis
souri, were appointed commissioners on the part of the United
States, to raeet the Indians of the extreme northwest, at Prairie
du Chien, to negotiate a treaty of peace between the hostile tribes
inhabiting that region. Wars for many years had been carried on
between the Chippewas and Sioux ; the Sacs and Foxes and the
Sioux ; and the lowas and Sioux. This existence of hostilities
within the jurisdiction of the United States, if permitted to con
tinue, would in a short time have been productive of incalculable
evil. Its influence upon the other tribes on the Missouri and Mis
sissippi rivers, and on the lakes, would have been to involve them
all in general warfare ; retarding the advancement of the country,
and creating new obstacles to their removal beyond the Mississippi.
Accordingly, to promote peace among the several tribes, and to
establish boundaries among them, and remove all causes of future
difficulty, they were invited to assemble at Prairie du Chien to ac
complish these objects. The invitation vvas generally responded
to, and large deputations of the Sioux, Chippewas, Sacs, Foxes,
Winnebagoes, lowas, and Menominees, attended in the raonth of
August, 1825, and were raet by the commissioners. Many of the
Indians came from points a thousand miles distant from the treaty

LIFE OF GENERAL CASS. 89
ground. The objects of this assemblage occupied the attention of
the council for several days. The difficuhies attending a negotia
tion of this kind were formidable. The entire nature of the trans
action being different frora an ordinary treaty, where lands were
to be given up on one side and a consideration paid therefor by the
other. Here there were no tangible induceraents ; no glittering
gold and showy presents, to persuade the warriors to listen to the
advice of his white brother. The consideration of their conces
sions was entirely a raoral one; one little understood and doubtless
quite as little appreciated by them, as oftentimes it is by the raore
civilized and educated. Besides, it was asking the turbulent and
war-seeking Chippewa ; the brave and daring Sioux, to lay down
the tomahawk and extend the hand of peace and friendship to one
another, while each held the unavenged trophies of valor, obtain
ed in deadly combat. To effect, under such circumstances, the
purpose of the conference, required the utmost caution and pru
dence. It should be borne in mind, too, that the Indian evinces
great acuteness in defining his rights, and no less pertinacity in
maintaining thera. In a conflict of clairas between thera, it is no
easy task to reconcile their differences, and induce concession and
relinquishment. In spite, however, of all obstacles, and they were
by no means few in number, or light in influence, the commission
ers accomplished the purpose of their mission.
A treaty was concluded and signed on the 19th of August, 1825,
whereby it vvas agreed that there should be a firm and perpetual
peace between the contending tribes : boundaries to their territory
were fixed. One principal cause of hostilities, vvas the invasion
by one tribe, of the hunting grounds claimed by another; this
cause was removed by an agreement, that no tribe would hunt
within the acknowledged liraits of another, without their assent.
To give solemnity to this treaty, the coramissioners omitted
none of the cereraonies usual on such occasions, and to which the
Indians attached so great importance. This token of respect for
their reverence for their time-honored usages and customs, opera
ted in holding thera raore faithfully to the fulfilraent of their agree
ments. At the conclusion of the treaty, the comraissioners enter
tained the whole asserablage of Indians with a feast, having a pe
culiarity attending it which was truly novel and unusual to the

90 LIFE OF GENERAL CASS.
guests. The occasion was raade use of to explain to thera the
evils they suffered from their indulgence in ardent spirits; and the
terrible consequences which would inevitably ensue to them, if
they continued the baleful practice. To convince them that the
government was not actuated by a desire to save the cost of the
liquor they might consume, and which it had been accustomed to
distribute among them at treaties, but which in the present instance
was oraitted, the commissioners caused an ample supply of whisky
to be brought in among them. When their attention vvas awaken
ed to the subject, Gov. Cass ordered the vessels containing the li
quor to be overturned, and the contents wasted upon the ground.
The Indians vvere greatly disappointed and much astonished by
this novel temperance lecture.
In 1826, Gov. Cass negotiated a further treaty with the Chippe
was at Fond du Lac, en Lake Superior; a treaty with the Potta
watomies on the Wabash, in Indiana; and a treaty with the Mi- '
amis, also on the Wabash. These several treaties were all of im
portance to the country ; accomplishing peaceably and legally the
extinguishment of Indian title, ;.nd preparing the minds of the In
dians for removal beyond the limits of civilized settlements.
At the treaty of Fond du Lao, more than two thousand Indians
assembled. This point was an old Indian trading establishment,
on the St. Louis river, and distant from the Saut Ste. Marie five
hundred miles. The voyage was accomplished in bark canoes,
and occupied eighteen days, during which much tempestuous wea
ther and high seas vvere experienced. Having arrived there, a
treaty was negotiated and signed. The chiefs who were there, ap
peared at the council with the British flag and with British medals
suspended frora their necks. .After the conclusion of the treaty.
Gov. Cass directed one of his attendants to take the medals and
flag from the chiefs. This being done, the Governor placed the
medals and flag under his feet, and told the chiefs that when he
returned he would give thera the kind of raedals and flag they were
to use. This was a bold act on the part of the Governor, but it
irapressed the Indians with his courage, and made them listen fa
vorably to his advice.
At the treaty with the Pottawatomies and Miarais on the Wa
bash, in Indiana, in 1826, Gov. Cass delivered the following speech

LIFE OF GENERAL CASS. 91
to the Indians, and which is here given as a specimen of the style
and manner of his intercourse with the Indian tribes.
Ml Children —
Pottawatomies and Miamis : We thank the Great Spirit that
he has opened the paths to conduct us all here in safety, and that he has
given us a clear sky and a cloudless sun, to meet together in this council
house. Your great father, the President of the United States, has sent
me, together with the two gentlemen who sit with me, to meet you here
upon business highly important to you, and we request that you would
open your ears and listen attentively to what we have to say to you.
When the Great Spirit first placed you upon this island, he gave you
plenty of game for food and clothing, and bows and arrows, with which
to kill it. After some time it became difficult to kill the game, and the
Great Spirit sent the white men here, who supplied you with guns, pow
der, and balls, and with^blankets and clothes. We were then a very small
people ; but we have since 2reatly increased, and we are now spread over
the whole face of the country. You have decreased, and your numbers
are now much reduced. You have but little game, and it is difficult for
you to support your women and children,by hunting. Vour Great Father,
whose eyes survey the whole country, sees that you have a large tract of
land here, which is of no service to you. You do not cultivate it, and
there is but little gained upon it. The buffalo has long since left it, and
the deer are going. There are no beavers, and there will soon be no other
animals worth hunfing upon it.
There are a great many of the white children of your father who
would be glad to live upoa this land. They would build houses, and raise
corn, and cattle, and hogs. You know that when a family grows up and
becomes large, they must leave their father's house and look out for a
place for themselves — so it is with your white brethren. Their family is
increased, and they raust find soma new place to move to. Your Great
Father is willing to give for this land much more than it is worth to you.
He is willing to give more than all the game upon it would sell for. He
will make you a considerable present now, and he will allow an annuity
hereafter. You know, well that all he promises, he will perform.
The stipulations made to you heretofore are punctually fulfilled. Large
annuities in specie are paid to you, and they are sufficient to make you
comfortable ; much more so than you were before the Treaty of St. Mary's.
ir our Great Father is not only anxious to purchase the country of you;
but he is desirous that you should remove far from his white children.
You- must all seo that you cannot live in the neighborhood of the white
people. You have bad men, so have we. Your people will steal our horses,
kill our cattle and hogs, and commit other injuries upon our property.
Some of our people who have committed crimes, escape into your coun
try, and it becomes difficult to take them. Besides, when you divide our
settlements, we cannot have roads, and taverns, and ferries. The game,
too, dies before our improvements, and when that goes you must follow it.
But above all, your young raen are ruining themselves with whisky.
Since within the recollection of many of you, your numbers have di
minished one-half, and unless you tako some decisive step to check this
evil, there will soon not be a red man remaining upon the islands. We
have tried all we could to. prevent you from having this poison, but we
cannot. Your bad men wlU buy, and our bad men will sell. Old and
young among you will drink. You sacrifice your property, you abandon
your women and children, and destroy one another. There is but one
safety for yob, and that is to fly from this mad water. Your Father owns

92 LIFE OF GENERAL CASS.
a large country west of the Mississippi ; he is anxious that all of bis red
children would remove there, and sit down in peace together. There
they can hunt and provide for their women and children, and once more
become a happy people. We are authorized to offer you a residence
there equal to your lands here in extent, and pay you an annuity which
will make you comfortable, and provide means for your removal.
You will then have a country abounding with game, and you will also
have the value of the country you leave. You will be beyond the reach
of whisky, for it cannot reach you there. Your Great Father will not
suffer any of his white children to reside there, for it is reserved for his
red people. It will be yours as long as the sun shines and the rain falls.
You must go beforo long — you cannot remain here — you must remove
or perish. Now is the time for you to make a good bargain for yourselves,
which will make you rich and comfortable.
Come forward then, like wise men, and accept the terms we offer.
We understand there is a difference of opinion between Pottawatomies
and Miamis, respecting their claims to this land. This difference we
should be glad to have you settle between yoursalves. If you can do
this it will be well, if not, we shall examine into the circumstances and
decide between you.
The preceding was written and read by sentences to the inter
preter, (Mr. Barron, chief interpreter,) who delivered it to the In
dians ; to this followed a few extempore remarks by Governor Cass,

"Mr. McCoy, whom you know is a good man, will go with you over the
Mississippi; andcontinue to live among you. You know him to be a
good man, and a sincere friend to you, and would not advise you to do
any thing that would be an injury to you. You stand alone — there is none
to support you — the Shawnees and Delawares are all gone. You have
been invited by your Gi eat Father, the President, and are now sitting
around our council fire, in our council house, and under our flag. Your
young men are not always prudent, they will drink andquarrel — we hope
the old and wise men will keep the young men from doing any injury. If
blood should be shed at our council fire, we never should fcjrgive it, — we
have the will and power to punish it.
Your Great Father has a quick ear, a sharp eye, and a long arm. If a
Pottawatomie strikes a Miami, or a Miami strikes a Pottawatomie, he strikes
us — no matter where he goes, we promise here before our brethren, red
and white, we will never kindle another council fire, nor smoke another
pipe before we punish him. Your young men must listen to what the
chiefs tell them — They should do as in former days, when chiefs had
power and the young men were wise — let them clear out their eyes, and
let the words I have spoken go to their hearts.
You now have the propositions we were authorized to make you. We
wish you to remember it, and think upon it, and return us an answer
as soon as possible. When you are ready let us know il, and we will
hoist the flag — which shall be the signal that we are ready to receive
vour answer.

CHAPTER VL
Journey to Lake Winnebago — Hostile feeling among the Winnebagoes — Attack
on the Miners — WarMessag:es — Gov. Cass organizing the Miners for defence —
Alarra at Fever River — He goes to St. Louis — Anxiety at Green Bay for his
safety — Rumors there of his death — .\rrival at Green Bav — Treaty of Butte de
Morts — Occurrence at the Treaty — Personal danger at Indian village — Provi
dential escape — Removal of Troops, cause ofthe Indian difficulties — Succes
sive appointments of Gov. Cass — His civil administration — His freedom from
religious intolerance — Tribute to the Catholic Missionaries — Satisfaction of the
people with his administration — Secret of his success — His views on appoint
ment to offiee — First Legislative Council of the Territory — Gov. Cass calls
attention to the existence of Copper on the upper Peninsula — Removal of the
New York Indians — Visits of the Indians to the British post at Maiden — He
.attempts to prevent thejn.
In the month of June, 1827, Gov. Cass, in company with Col.
McKenney, left Detroit for Lake Winnebago. They went to hold
a council with the Indians, to establish the boundary line between
the Chippewas, the Menomineess, and Winnebagoes, as agreed up
on at the treaty of Prairie du Chien; also to settle the boundaries
of the lands allotted to the New York Indians. When they arrived
at Green Bay, ruraors were current that the haughty and untame-
able Winnebagoes had evinced hostile feelings towards the miners
in their country, and were endeavoring to enlist the Pottawatomies
to join thera in driving the whites from the country. Governor
Cass proceeded at once, by express, to Prairie du Chien, for the
purpose of settling the difficulties. The Indians conceived that
th^ir rights were invaded by the aggressions of the miners, of
whom there were about five hundred. When he arrived there, he
found that rumor had not exaggerated the state of affairs. The
T/innebagoes were highly excited. A few days previous they mur
dered and scalped three persons. The inhabitants were in great
alarra. They had left their farms, and for protection and defence
had congregated at one house, where they were expecting to be
attacked. A party of three hundred warriors had driven the mi
ners from their ground on Fever river, and destroyed their tools
and furniturd*. Two boats were attacked on their way from St.

94 LIFE OF GENERAL CASS.
Peter's, in which three of the Indians were killed. A feeling of
enraity prevailed generally araong the Indians towards the settlers,
and concerted raeasures had been arranged for their destruction.
Gov. Cass found that the most energetic action was required to
quell the disturbances, and bring the refractory Indians to punish
ment. War messages had been sent in every direction. The set
tlement at Prairie du Chien was broken up, and the inhabitants
had taken shelter in the fort, where they were but poorly provided
with means of defence. They numbered only sixty men, alraost
destitute of arras and ammunition. He organized this body of men,
and putting things in the best possible state of defence, descended
the river to go to St. Louis. On his arrival at the mines on the
Fever river, he found the miners there in great alarm. Although
they nurabered three thousand, yet they were without means of
defence. He procured at Rock Island a quantity of arms and
araraunition, and sent them to the miners. On arriving at St.
Louis, he represented the condition of matters to Gen. Atkinson,
who imraediately ordered a detachment of six hundred U. States
troops, to march to the seat of trouble. Great anxiety was felt at
Green Bay, during the Governor's absence, for his fate ; reports
had reached there that he had been shot by the Indians. These
anxieties were removed by his arrival at Green Bay, to prosecute
the object of his mission. Here he met sorae three thousand In
dians who had asserabled at the treaty ground. These he address
ed, advising thera to preserve peace, at the same time informing
them, that if they were tired of peace and desired a little war play,
the United States would accomraodate thera.
Gov. Cass, having in sorae degree allayed the exciteraent among
them, and, by his prompt and energetic action, awed them into
submission, proceeded to hold the treaty with thera. The treaty
was concluded at the Butte de Morts (Hillock of the dead,) on the
fifteenth of September. By it, was obtained the final settlement of
the division line between the Chippewas and the Menominees;
a cession of the Green Bay reservation, and the determination of
its liraits, and reference to the government of the United States,
of the matters in dispute between the Menominees and New York
Indians. The treaty being concluded, the Indians were preparing
to leave the ground, when suddenly the attention of the assemblage

LIFE OF GENERAL CASS. 95
was arrested by a wild and fearful screara. A squaw, having at
tempted to prevent her husband from parting with the supplies that
had been given them, which he was about to do, for whisky, had
been stabbed by him. He was taken into custody by order of the
Governor, and arrangements were made at once to punish him.
Gov. Cass resolved to make an exaraple of hira by inflicting a pun
ishment which was regarded by the Indians as the raost disgrace
ful and degrading they could suffer. To the inquiry, "what shall
be done with this raan?" the Governor replied, " we will make a
woman of him."
The Indians were all assembled together around the Butte de
Morts, the woraen and children being placed in front. The offen
der was then brought before thera, and Gov. Cass, through an in
terpreter, explained to them vvhat he was about to do. He spoke
to them of the kind intention of the woman, of her object in at
tempting to preserve their provisions and clothing from the grasp
of the heartless whisky dealer ; that, further, the man had struck
her with his knife, and, but for the interference of others, would
have deprived her of life ; that the man who could comrait such a
deed upon a helpless woman, was unfit to rank araong braves, and
forfeited his character as a raan. The warriors were highly incens
ed at the interference of Gov. Cass, and a desire to resist his orders
was raanifested by them. But he proceedM unmoved in the per
formance of the ceremony. The Indian vvas deprived of his leg-
gins and ornaraents, his knife taken from him, the blade broken
off and the handle returned to hira. A dirty petticoat, procured
frora an old squaw, was then put on hira, and, thus dressed, he was
led through the crowd, and pronounced " henceforth a woraan I"
This sentence was far more terrible to the Indian than death itself.
It separated him, for ever, from association with the braves of his
tribe, and subjected him to all the drudgery and servile labor to
which the Indians subject their females.
There can be no doubt but that the arrival of Governor Cass
at Prairie du Chien, and his subsequent expeditious raovements,
checked and thwarted a general confederation araong the Indians
of the Mississippi and the lakes, for the destruction of the miners
and settlers. It was ascertained that the Winnebagoes had sent
the war pipe and club to call to their aid their red brethren ; that

96 LIFE OF GENERAL CASS,
they were gathering to devise measures to act together In the
course of two months, occupied on business relating to this move
ment of the Indians, Gov. Cass traveled three thousand five hun
dred miles. He is said to have made the trip frora Prairie du Chien
to St. Louis in seven days, the shortest time then known. When
descending the Wisconsin river, vvith Major Forsyth, he stopped
to visit a Winnebago village, which was so secluded as to escape
the observation of any one on the river, not knowing its existence.
Wishing to have a friendly intercourse vvith the chiefs, he entered
the village alone. As he ascended a sraall eminence, on which
the lodges were erected, a young Indian took deliberate aim at
hira, and vvas about to fire, when an older Indian struck up his
gun, exclairaing — " What are you doing? You will ruin us all I''
Upon his approach they began to take down their wigvvaras ; the
women and children fled, carrying away, as secretly as they were
able, the arms and araraunition of the village. As the Governor
was leaving the place, a gun was pointed at hira by an Indian. It
providentially missed fire. This refusal of the gun to go off, was
regarded by the Indians as a token of displeasure from the Great
Spirit, and the atterapt was not renewed. These circumstances
were told by the Indians themselves, at the subsequent treaty of
Butte des Morts.
When the Governor was at Chicago, he sent to a Pottawatomie
chief, who lived near there, to come and see hini. The chief re
fused to coraply with the request, and sent word to the Governor,
that, if he wished to see him, he must come to his lodge, and, when
he got there, he would have his head taken off.
The Indian difficulties of this year were attributable to the with
drawal of the troops frora most of the posts which they had occu
pied in the Indian country. They knew that there were no sol
diers on the spot to punish thera for their outrages, and they fan
cied that they could do as they pleased vvith impunity. It is a
characteristic of the Indian to be insolent and overbearing when
he has no apprehension of imraediate chastiseraent. Prairie du
Chien, the scene of this outbreak, was, at the tirae, a small settle
ment in the heart of the Indian country, at the junction of the
Wisconsin and Mississippi rivers. The Sacs, Foxes, Winneba
goes, Menominees and Sioux, all lived in the vicinity. A military

LIFE OF GENERAL CASS. 97
force was obviously necessary to keep the Indians quiet ; yet the
policy of the government was opposed to such an establishment.
The troops were reraoved frora there to St. Peter's, further up the
Mississippi. The inhabitants of the whole western country were
indignant at such indifference to their safety, and repeatedly rae-
morialized the President on the subject. Particularly in Michigan
was this course, on the part of the governraent, deprecated. De
troit and Mackinac, two very iraportalit and exposed points, were
left destitute of a single United States soldier. This condition of
the defences of the northwestern frontier, was urged with force and
earnestness upon the attention of Congress, a year previous to the
outrage committed at Prairie du Chien. In a memorial, relating
to the measures necessary for the defence of the frontier. Governor
Cass reviewed the vvhole ground, showing how indispensable to the
maintenance of our rights and the protection of our citizens, vvas
a policy of systematized and thorough defence, by the construction
of military roads, and the erection of suitable and permanent de
fences. At this time, exclusive of the Indians on Lake Superior
and the head waters of the Mississippi, there vvere, within the ter
ritory of Michigan, more than twenty-eight thousand Indians, over
whom the officers of the Indian department of the British govern
ment exercised an influence incompatible vvith the honor of our
government, and injurious to the peaceful interests of the inhabi
tants of Michigan. Unfortunately, neither the arguments of Gov.
Cass, nor the petitions of the people, could divert the mind of the
senior Major General of the army, from his favorite plan of estab
lishing a cordon of exterior posts, to the neglect of those more inte
rior. Detroit, Mackinac, Chicago and Prairie du Chien, were left
without any railitary force whatever. The experience of the sum
mer of 1827, however, induced a re-occupation of the posts of
Chicago and Prairie du Chien.
In, the year 1827, Gov. Cass procured from the Indians living in
St. Joseph county, Michigan, a cession of their lands for building
a military road frora Detroit to Chicago.
Gov. Cass received, as has been stated, his first appointment as
governor of the Michigan territory, in 1813, from President Mad
ison. This appointment vvas renewed under successive Presi
dents, and he continued to hold that office until his selection by
7

98 LIFE OF GElSiiRAL CASS.
Gen. Jackson to fill the office of Secretary of War, in the cabinet
of that distinguished man.
His civil adrainistration of the, government of the territory, from
its comraenceraent to its honorable close, is marked everywhere
as highly beneficial to the advanceraent of the country, and the
welfare and interests of the inhabitants. Great derangeraent in
all civil raatters of government, was the natural and inevitable
consequence of the war, increased in this instance by the tempo
rary occupation of the enemy, following the surrender. Disorder
prevailed to a degree which would have appalled a raan of less en
ergy, and driven hini away in despair of establishing peace, order
and quiet.
Gov. Cass, with his habitual firraness and decision, seized at once
upon those points of organization which were most prominent and
needed the earliest and most strenuous attention. Courts were es
tablished, civil officers appointed, territorial divisions created and
established, and other means devised, calculated to raise the terri
tory frora the state of depression and neglect into which it had
fallen. As the increase of the population and the extension of the
settlements deraanded, he established new counties. A system of
internal improvement, devoted to the laying out Sid constructing
roads, received from hira particular attention ; the establishment
of schools and religious institutions, independent of sectarian views,
vrere objects which held the first place in his careful provision for
the best interests of the territory. Though born and educated
amid the stern inculcations and iramovable Puritanisra of the Pil
grims, no man in his official character could be raore tolerant or
friendly to the religious rights of others, or more active in foster
ing the early attempts of persons of any religious sect to promote
th» moral and spiritual welfare of the people. In an address de
livered before the historical society of Michigan, Gov. Cass pays
the following beautiful and justly bestowed tribute to the self de
nying spirit and religious zeal ofthe Roman Catholic missionaries.
He says: "The whole, history of human character furnishes no
more illustrious examples of self devotion, than are to be found in
the records of the establishraent of the Roraan Catholic mission
aries, whose faith ahd fervor enabled them to combat the difficul
ties around thera in life, and triumph over them in death."

LIFE OF GENERAL CASS. , 99"
For a period of eighteen years did Gov. Cass devote himself to
the faithful performance of his administration as governor of the
Michigan territory, amid the privations and hardships of a frontier
life. During the first stages of territorial existence, the duties in
cumbent upon the executive are more nuraerous and onerous than
under any other forra of organization. Not only is he the execu
tive officer, upon whom devolves the duty to see to the faithful
execution of the laws, but he is the principal component of the
legislative department. Under the ordinance of 1787, the powers
conferred upon the executive and legislative departraent are very
extensive ; so much so as almost to reach a point repugnant to the
spirit of our constitution and free institutions. The voice and
will of the people, which in our government is justly held to be
the source of power, in the first grade of territorial governraent
under the ordinance, is entirely lost sight of, and their rights and
privileges subjected to the will and caprice of rulers, exercising
authority over thera, by appointraent frora the general government.
Under such circumstances it raight happen, that the people of the
territory would find a tyrannical and exacting ruler placed over
them, whose oppressions, though bearing upon thera severely, raight
not be an infraction of the letter or spirit of the law. In a thou
sand ways raight such a ruler prove an annoyance and an inflic
tion, without giving cause or opportunity for his removal. Great
latitude is left by the la^ which prescribes his powers and duties;
and innuraerable are the instances where he might prove to be a
scourge and injury to the people. Nor would it be at all wonder
ful, circumstanced as the territory then was, should there have
been an occasional instance where an individual might deem his
rights infringed, or his liberty as a citizen of a republican govern
ment limited by the acts of a territorial governor, however wise or
humane, or careful of acting only under the sanction of legal au
thority clearly- expressed. Yet, during the whole of Gov. Cass'
administration, there is no evidence of the existence of a single
murmur or complaint against hira. No exeraption frora liability
to err, is claimed for him ; nor is it pretended that his measures
and conduct were free from imperfection ; but it is stated as a
proof of his devoted attention to the wants of those whom he was
called upon to govern, his readiness to listen to and adopt the sug-

f60 LIFE Of GENERAL CASS.
gestions of the wi.=dom and experience of others. It is hazarding
-but little to assert, that there is not in the history of our own
country, at least, an instance of governmental policy and practice
where so much was effected and so little objected to ; where there
were so raany conflicting causes to be brought into harraony ; so
so much concession to be obtained ; so raany changes in daily and
^habitual customs to be wrought, as in that period, following the
-close of the war of 1812, in the territory of Michigan. The true
secret of the success of Gov. Cass, was his reverence for that de
mocratic principle, vvhich teaches all in authority under our insti
tutions and laws, to regard the wishes and feelings of the govern
ed. The opinions of the people were held in respect ; and basing
bis administration upon the adoption of the simple, but well estab
lished political truth, that, frora the people, emanates all power in
a republican government, he conforraed his practice thereto, and
never gave an arbitrary or overdrawn construction to the organic
law of his governraent, whereby his own powers might be construc
tively increased, while the rights of the people would be propor
tionally diminished.
In the speech of Gov. Cass, delivered June 7th, 1824, to the
first legislative body convened in the territory of Michigan, the
inherent right of the people to the control of public officers, is thus
spoken of: —
"The legislative power, hoKtofore exerciaid, has been vested in offi
cers over whom the people had no direct coiflol. Authority thus held, is
certainly liable to abuse ; but its practical operation vvas restrained and
secured as well by the limitations provided in the fundamental ordinance,
as by the spiiit of our institutions and the superintending control of the
general government. Still that change in our political system, which gives
to the people the right of electing their own Legislature, is not only cor
rect in principle, but will be found most salutary in its operation.
"The power of appointment to office in free governments, presents for
solution, a doubtful and delicate question. In this territorial government,
that power is vested in the Executive alone. I feel no disposition on the
one hand, to shrink from any necessary responsibility, nor on the other,
tenaciously to retain any power originally granted for the public good, but
which the pubhc interest now requires should be surrendered. The ordi
nance of Congress, which forms the basis of our political fabric, was pass
ed thirty-five years ago. It was a political experiment, and successive al
terations have been made, and to remedy defects which experience has
shown to exist and to accommodate its principles to the advancing opin
ions of the age. My own observation has satisfied me, that a beneficial
change may be made in the mode of appointment to office. All township
and corporation, and many county officers, and particularly those whose
duties relate to the fiscal and police concerns of the respective counties,

LIFE -IF GENERAL OASS. 101
should be elected by the people. In the appointment of other.?, it appears
to me proper to give to the council a participation. No systora which has
been adopted in the United States, upon this subject, is better calculated
to effect the object, than that which requires a nomination by an B.vecutive
magistrate, and the concurrence of a deliberative body. By these means
we have the advantage of individual responsibility in the nomination, and
also a check upon its abuse, in the required concurrence of a co-ordinate
branch of the government."
On the subjects of schools and education, Gov. Cass, in the same
speech, says : —
" The importance of this subject to our present and future prosperity,.
must be too well appreciated to require any observation from me. A
practical and well digested system, which should extend to all the advanta
ges of education, would be of inestimable value to this yoimg and grow
ing community. A more acceptable service could not be rendered to oiw
fellow citizens; and no more equitable tax can be levied in any country,
than one whose application is directed to preparing its citizens for appre-
icatmg and preserving the blessings of self government."
In relation to the accountability of the representative to his con
stituents, the Governor, at that early day in our history, expressed
the following .sentiments. The provision introduced in the lately
adopted constitution of the state of Michigan, in regard to repre
sentative districts, is only carrying into practice the principle re
commended by Gov. Cass, thirty years ago. The Governor says: —
" It is always desirable, that the connection between the representative
and constituent should be as intimate as practicable ; and with this view,
districts are usually established, within which it raay fairly be presumed,
the electors will be acquainted with the characters and pretensions of those
who request their suffrages. When these districts are extensive, and par
ticularly when they embrace a whole state or territory, the immediate ac
countability of the representative to those among whom he lives, and who
know him best, is weakened. I believe it would be expedient to divide
the territory into districts, and assign to each the election of two members
of the council."
The proceedings of this, the first legislative assembly, excited
paramount and universal interest among the inhabitants. The
Governor's message was looked upon as the guide which should
direct their proceedings, and to it the attention of the comraunity
was directed. So intimately connected with the public life of Gov.
Cass, is the condition, growth and prosperity of the territory, tbat
a full account of the one cannot be given without connecting it
more or less with the other. By setting forth the principal topics
discussed in the Governor's message, the reader will at the same
time obtain the most accurate information of the state of the
country, and a convincing proof of the thorough knowledge pos-

102 LIFE OF GENERAL CASS.
sessed by its chief magistrate of its condition, wants, and capaci
ties. The objects recoraraended by the Governor as requiring
legislative action, vvere, — the establishment of a system of town
ship governraent, in which matters of local police might be regu
lated by the people in their primary meetings; the power of ap
pointraent and reraoval of territorial officers ; a liraitation to the
tenure of some of the offices, in order that a more faithful per
forraance of the duties belonging to them inight be secured ; the
necessity of providing competent means for examining and redress
ing complaints against public officers ; the necessity of enacting
Jaws whereby fugitives frora justice should be delivered up ; the
organization of courts, vvhich should raake the dispensation of jus
tice convenient and attainable in reraote parts of the territory; the
advantages to be derived frora an efficient organization of the ter
ritorial militia ; the benefits which would result mutually to the
constituent and the representative, by a division of the territory
into districts ; the importance of a practical and well digested sys
tem of schools and education ; the situation of the roads; changes
in the territorial code of laws; and the finances of the territory.
These prominent subjects, fraught vvith the destiny of the territo
ry, were discussed in the message in a raanner commensurate with
their bearing upon the welfare of the people. The legislative
council were governed in their deliberations by the recomraenda-
tions of the message, and the suggestions of the executive were
responded to by enactments.
In 1824, Gov. Cass recommended to the general government
that steps should be taken to obtain from the Indians of Lake Su
perior, tbe right to explore that country for mining purposes, and
to remove such ore or precious metals as might be found there.
There were objections then existing to an absolute purchase of
the country from the Indians, while all the advantages to be de
rived, would be quite as well attained by gaining the consent of
the Indians to prosecute mining operations, vvithout a cession of
their title. The region, which has now becorae celel^rated for its
metalliferous fruitfulness, and which is daily beooraing settled by
enterprising and laborious inhabitants, was known as early as in
the year 1824, to abound in rich mines of copper and iron. Re
cent explorations and successful results of mining for the last

LIFE OF GENERAL CASS. 103
four years, substantiate the accuracy of the conclusions drawn by
Governor Cass in 1824, as to the anticipated value of the Lake
Superior country. Writing on this subject, in Noveraber of that
year, to Col. Benton, of the United States Senate, Governor Cass
remarks : —
"The metalliferous region is upon and about the lake shore, and the
extinction of the Indian title to oUch a portion of it as may be deemed
advantageous, would not diminish their means of subsistence. But I still
think, as I thought originally, that it would be most proper to negotiate
with them for the right to explore the country, and carry on mining ope
rations, wherever appearances may promise the most productive result.
All the advantages we could expect to derive from the mineral riches of
the country, would be gained by the right to procure and take away any
portion of them.
"No calculation can be made of the e.Ktent and pecuniary value of
these copper mines. No doubt is entertained but that the metal may be
procured with as much ease as in any part of the world. In fact, it is
well known, that large masses of pure malleable copper have been dis
covered in different parts of the country ; and there is every reason to
believe, that, when those regions are fully explored, these masses will be
found to be still more abundant.
" The cost of making the purchase I have described, may be kept with
in the sum of ten thousand dollars, and full justice be done to the Indians
interested. It might, I doubt not, be made for a much less sum, were it
consonant to the principles or policy of the Government to procure ces
sions from the Indians at the lowest possible rate. But it is due to the
character of our country, and to the feelings of our citizens, that, in our
negotiations with these wretched people, we should remember our own
strength and wealth, and their weakness and poverty. That we should
look back upon what they have lost, and we have gained, and never for
get the great moral debt we owe them.'
In pursuance of the suggestion of Gov. Cass, a bill passed the
Senate of the United States, at its succeeding session, authorizing
the President of the United States to appoint a commissioner to
treat with the Indians, for permission to search for copper on the
south shore of Lake Superior. The bill, unfortunately, was lost
in the House of Representatives. A year or two afterwards, the
necessity for such an arrangeraent becarae so obviods, that Con
gress could no longer withhold its assent. In the treaty made
with the Chippewas in August, 1826, right was granted to the Uni
ted States to search for and carry away any metals or minerals
frora any part of their country.
In August, 1818, John C. Calhoun, then Secretary of War,
called the attention of Gov Cass to the policy of removing the
Six Nation of Indians, of the State of New York, to west of the
Mississippi. He was instructed, that when he should meet them

104 LIFE OF GENERAL i:.V!-,b..
in council, he should ascertain whether the Indians,, residing on
Fox river, or any of the tribes residing north of Indiana and Illi
nois, would admit the Six Nations among them. This raeasure of
the governraent was then in its infancy, and was of such a peculiar
nature that it required the most delicate and politic management.
The Indians themselves received the proposition with disapproba
tion, if not absolute determination to resist. To urge it upon them
then, would have defeated a raost necessary step, towards securing
peace and safety to the early settlers upon the newly acquired ter
ritory. Gov. Cass vvas of opinion that the time had not yet arri^^
ved for them voluntarily to abandon the land of their fathers, and
seek a new home among tribes vvith whom they were unacquaint
ed, and who might prove hostile to them.
Though favorable to the project, to the end sought by the gov
ernment, he vvas opposed to its forcible adoption, and recommend
ed that time should be allowed to prepare their minds for the ac
ceptance of a proposition, which, to them, as a people, was of such
vast import, and involving their national existence. He argued
that as the settlements of the whites grew up around them, when
their hunting grounds became changed into gardens and grainer-
ies — when the game they lived upon should retire before the ap
proach of the white raan into the farther vvest — they, too, would
feel the influences of increasing civilization, and adopt, as a neces
sity of existence, the proposition of the governraent. He was in
favor of acting upon principles of strict right and justice, accom
plishing all things by friendly and fair negotiation, and strict adhe
rence to treaty stipulations. Throughout his transactions, a sense
of what was due to the honor ofhis country and the condition of
the unfortunate parties vvith whom he negotiated, was carefully
kept in view. In his report ofthe treaty with the Chippewa Indians,
dated Septeraber SOth, 1818, the Gov. reraarks — "the negotiator of
an Indian treaty is not sent upon such a negotiation to ascertain the
lowest possible sum for which the miserable remnant of those who
once occupied our country, are willing to treat, and to seize with
avidity the occasion to purchase. Certain I am, that both you (Sec.
of War) and the President would censure rae, and justly too, were
I governed in ray intercourse with the Indians by such principles.
The great raoral debt vvhich we owe thera, can only be discharged

LIFE OF GENERAL CASS. 105
by patient fotbearance, and by a rigid adherence to that system of
improvement, which we have adopted, and the effects of which are
already felt in this quarter." In reply tothat part of the Secretary's
instructions concerning the removal ofthe Indians, Goi'.Cass says :
"Although I am thoroughly persuaded that it would be better for us,
and for these Indians, that they should emigrate to the country West of
the Mississippi, or at any rate. West of Lake Michigan, yet it was impos
sible to give effect to that part of the instructions which relates to this sub
ject, without hazarding the success ot the negotiation. An indisposition to
abandon the country so long occupied by their tribes ; an hereditary en
mity to many of the Western Indians, and a suspicion of our motives, are
the prominent causes which, for the present defeat this plan. When they
are surrounded by our settlements, and brought in contact with our peo
ple, they will be more disposed to emigrate."
On a subsequent occasion, the same just and humane views
were advocated by him. In fact his intercourse vvith these people
vvas always of a character to command their respect and ensure
their confidence and friendship for him personally.
A striking instance of this- occurred at the treaty of the Chip
pewas in Septeraber, 1819, where six millions of acres bordering
on the Saginaw river and tributaries, vvere acquired. After the
treaty, when the Governor had left, the Indians deputed their chief
and orator, Washraenondeguet, to overtake him and express to him
their entire satisfaction with the arrangeraent, and their thankful
ness for the kindness and attention shown to thera.
One source of great annoyance and daraage to the people of
Michigan, vvas the annual asserablage of Indians at Maiden, the
British post at the mouth of the Detroit river, and at Drummond's
Island in the northern peninsula, to receive gifts and presents from
the British Government. These two points were the principal
stations of the Indian department of the British Government, to
which the savages resorted annually by thousands. They had
been accustomed to visit those places yearly, long previous to the
war of 1812, and after its close continued to do so for several
years. In the month of July, generally, they thronged into the
town of Maiden, to receive their share of the spoils to be distribu
ted. They came from long distances — the Chippewa from Sagi.
naw — the Pottawatomie from Lake Miphigan — the Fox and Sac
from the Mississippi, all raet there to receive the bounty of their
"Great Father,'' vvho lived over the "big water." Presents, araount
ing in value to several thousand dollars, were bestowed upon

106 LIFE OF GENERAL CASS.
them. In passing through the settlements of the interior, these
Indians, instigated by malice and dislike towards our people, com
mitted depredations upon their property, robbing and plundering
whenever they could lay their hands on anything portable. Nor
was this the extent of the evil arising frora this custom. A feel
ing of attachment for those vvho bestowed upon them valuable and
costly gifts, vvas the natural consequence of this system of subsidy,
the effect of vvhich could not be otherwise than injurious to the
United States. Even in time of peace the evils were s.ensibly felt,
and in the event of war, apprehensions of still worse consequen
ces were entertained by those conversant with Indian characteris
tics. Governor Cass witnessed and dreaded the influence which
this practice, which coramenced in 1796, exerted upon the minds
of Indians, vvith whora he was so often brought in contact. Sev
eral attempts were made by hira to dissuade them from visiting
Maiden, but without success. They could not be persuaded to
forego the benefits accruing to them from the liberality of a for
eign povver. The attention of the government was directed to
this important inatter, but it appears to have been suffered to pass
unattended to|; and vvhat seems most singular, is that the English
governraent should have been perraitted to retain possession of
Drummond's Island, for the purpose of receiving the Indians there,
as late as the latter part of the year 1825, its location within the '
bounds and jurisdiction of the United States, having been long
previously settled by the treaty of peace.
These visits were not without their inconveniences to the peo^
pie who encouraged them. To the citizens of Maiden the Indi
ans were almost an intolerable nuisance. They encaraped in and
around the town ; amused themselves vvith their customary sports
and games, and being generally intoxicated, were exceedingly
troublesome. The greater portion of them were filthy in appear
ance, and their rags bore evidence of their slothful and indolent
manner of life. Their dress consisted usually of a cotton or cali
co shirt, leggins and blanket; tl),eir feet were protected by moc
casins. The Sacs were an exception as to the shirt. That, they
considered as exclusively an article of feraale apparel, and there
fore would not wear any ; they, however, wore leggins, and cov
ered theraselves with a blanket. Their heads were shaved close

LIFE OF GENERAL CASS. 107
to the scalp, except a narrow strip comraencing forward of the
top and extending down the back ofthe head. This strip of hair
was allowed to grow six inches in length, was made to stand erect,
painted red and ornamented with feathers.

CHAPTER VH.
Message to the Legislative Council of 1826 — Boundary line between Michigan
and Ohio — Constitutional Convention — .Action of Congress in defining bounda
ry as a condition of admission of Michigan into the Union — Action of the two
Conventions — Final admission —Democratic tone of Gov. Cass' messages.
At the annual session of the Legislative Council in 1826, Gov.
Cass, in his message, directed the attention of the Council to the
leading subjects requiring their consideration. Notwithstanding
his duties, as Superintendent of Indian affairs, occupied the great
er portion of his time and attention during the year, and required
his personal attendance at different places many miles distant from
the capital ofthe territory, the wants and requirements ofhis civil
jurisdiction were not neglected or overlooked. Among the princi
pal topics of the message, was the boundary line separating the
territory frora the jurisdiction of Ohio, Indiana and Illinois. In
defining the geographical liraits of Ohio, due regard to the rights
of Michigan appears to have escaped attention.
The southern boundary of the territory of Michigan, as run by
authority of the United States, was a line running due east frora
the southern extremity of Lake Michigan to Lake Erie. The legis
lature of Ohio contended that this line was declared to be the
northern boundary of Ohio, by Congress in 1802, and was accep
ted by the people of Ohio, then about to become a State, with this
provision, however, that if the southerly bend or extreme of Lake
Michigan, should extend so far south, that a line drawn due east
from it should not intersect Lake Erie, or if it should intersect Lake
Erie east of the raouth of the Miarai river, then in that case, with
the assent of Congress, the northern boundary of the State should
be established by, and extend to a direct line runnihg from the
southern extremity of Lake Michigan, to the most northerly cape of
Miami Bay, after intersecting the due north line frora the mouth of

LIFE OF GENERAL CASS. 109
the Great Miarai, as aforesaid ; thence northeast to the terriioral
line, and by said line to the Pennsylvania line.
Upon this subject of so great interest to the people of the terri
tory, the Governor expressed his views clearly and unmistakably.
Familiar with every public act, relating to the territory, to its most
minute detail, there was no one vvho so well understood its rightful
claims. Although the question is now settled, it may be interest
ing to know what was the opinion, at the comraencement of the
controversy, of one who was conversant with every page and line
of Congressional enactments affecting the organization of Michi
gan. The following extract from the Governor's message to the
Legislative Council, delivered in November, 1826, will shew in
what light he viewed the encroachments raade under apparent sanc
tion of law, upon the lawful possessions of Michigan : —
" The Legislature of the State of Ohio, has contended that the north
ern boundary of that State, is a line run directly from the southern ex
treme of Lake Michigan to the north cape of Miami Bay. The line ac
tually run under the authority of the United States, and in conformity with
the various acts of Congress upon the subject, commences at the southern
extreme of Lake MichigEui, and proceeds due east to Lake Erie. The
country north of thit line, and bounding upon Ohio, is subject to our ju
risdiction, and that jurisdiction can only be changed by the authority of
the General Governraent. A resolution was introduced into Congress at
the last session, but not acted on, to provide for a cession to Ohio of the
country claimed by her. Although I consider the right of this territory
too clear to be shaken, and that our interests are safe where alone they
can be affected, still the expression of your sentiments upon the subject,
would be useful in the discussion it may produce, and I suggest the expe
diency of your interference.
" With Indiana, also, our boundary is unsettled. The ordinance of Con
gress of July 13th, 1787, which formed the basis of the governments north
of the Ohio, provided that a line to be run due east and west from the
southern extreme of Lake Michigan to Lake Erie and the Mississippi re
spectively, should be the boundary between the States upon the Ohio, and
those north of them, if Congress should find it expedient to establish more
than three States. The power thus vested, has been exercised by the ad
raission already of three States into the Union, and by the existing pro
vision for the admission of at least one more. The original arrangement
of this matter, is in that part of the ordinance which is declared to be a
compact, and unalterable but by mutual consent.
" Virginia, by her act of cession, was a party to the arrangement ; and
her consent, as well as that of the St3tes and 'Territories to be affected, is
essential to the validity of any change in this instrument. The boundary
of Indiana has been extended ten miles north of this line, and as the con
sent of the proper parties has never been given to this measure, we have a
right to expect that ourjust claims will yet be regarded.
" In like manner, the boundary of Illinois has been extended to the par
allel of forty-two degrees thirty minutes, probably forty miles north of the
line established by the ordinance. How the claims of this territory to the

110 LIFE OF GENERAL CASS.
cauntry that severed from it, can be best enforced, and what time it may be
expedient to urge them, 1 leave for you to determine.
" But there is a question connected with the existing jurisdiction of Illi
nois, which the interests of an important section of country demand should
be settled without delay. The parallel of forty-two degrees thirty min
utes, probably intersects the Mississippi in the vicinity of the Riviere aux
Fievre. Upon that stream, as is well known, there are various lead mines,
to which the Indian title has been extinguished, and which are now profit
ably and extensively worked. A considerable population is now engaged
in this business, much of which, there is little reason to doubt, is in the
county of Crawford. Illinois has recently extended her jurisdiction over
this settlement, and difficulties have already occurred in the execution of
process, which threaten se'rioua consequences. It is desirable that provi
sion should be made by Congress, for running the temporary line, if the
boundary cannot be definitively settled ; and it would doubtless promote
the accomplishment of this measure, should you express your views on that
subject in a memorial to that body."
In establishing the boundaries of these several States, the terri
torial rights of Michigan were clearly and undeniably infringed,
and large tracts of fertile country disconnected from her jurisdic
tion. These violations subsequently became subjects of serious
controversy, particularly between Michigan and Ohio. When
Michigan sought admission into the Union, as a State, Congress
interposed and definitely fixed the boundary line between the two
States, by making it a condition of admission that Michigan should
accede to the boundaries between the States, as set forth in act
of adraission. This act established the northern boundary of the
State of Ohio, as follows : " The northern boundary line of the
State of Ohio shall be established at, and shall be a direct line
drawn frora the southern extremity of Lake Michigan to the most
northerly cape of the Maumee (Miami) Bay, after that line, so
drawn, shall intersect the eastern boundary line ofthe State of In
diana, and from the said north cape of the said bay, northeast to
the boundary line between the United States and the province of
Upper Canada, in Lake Erie ; and thence, vvith the said last men
tioned line, to its intersection with the western line of the State
of Pennsylvania."
A convention of delegates from the people was chosen to meet
at the village of Ann Arbor, on the 20th of September, 1836, to
' accept or reject the terms of admission proposed by Congress.
After a session of three days, the convention, consisting of forty-
nine members in attendance, decided, by a majority of seven, not
to accept the terms of admission. Three delegates were appointed

LIFE OF GENERAL CASS. Ill
by the convention, to attend the following session of Congress, in
behalf of Michigan, to procure an unconditional admission into
the Union, or, if that vvere not possible, one more just in its pro
visions and more regardful of the well established rights of the
territory. The action of this convention was not sustained by the people
generally, and means were at once adopted to call another. Ac
cordingly, another convention assembled at the same place, in De
ceraber ofthe same year, and, after one day's session, on the 15th
of that month, unanimously resolved to assent to the requirement
of the act of Congress, at the sarae tirae declaring it to be the
opinion ofthe convention, —
"That the Congress ofthe United States had no constitutional
right to require the assent aforesaid, as a condition prelirainary to
the admission ofthe State into the Union.
" Nevertheless, as the Congress have required such assent to the
condition, and as the interest and prosperity of the State will be
greatly advanced by our immediate admission into the Union, as
one of its sovereign States; and the people of the -said State, are
solicitous to give to her sister States, and to the world, unequivo
cal proof of her desire to promote the tranquility and harraony of
the confederacy, and to perpetuate the unity, liberty, and prosperi
ty of the country ;
" Therefore, he it resolved, by the people of Michigan in conven
tion- asserabled, that the assent required in the foregoing recited
act of the Congress ofthe United States, is hereby given."
When the proceedings of this latter convention vvere subraitted
to Congress, the validity of the convention was questioned, inas
much as it was not, as the prior one had been, authorized by any
legislative act, but was called by parties friendly to imraediate ad
mission, and being only an expression of a portion of the people
of Michigan, not binding upon those who had refused to partici
pate. The character of the proceedings prevented many raembers
from voting in favor ofthe final act of adraission ; but, after much
discussion, the act "to adrait the State of Michigan into the Union
upon an equal footing with the original States," was passed and
became a law on the 26th day of January, in the year 1837.
The thoroughly deraocratic tone of the Governor's messages,

112 LIFE OF GENERAL CASS.
especially in reference to the accountability of public officers to
the people, received frora all parties the highest commendation.
He assumed the position, that the purity of Governraent, the in
corruptibility of officers, vvas in proportion as they were closely or
reraotely connected with the true sovereigns of the country — the
source of all povver — the people. He says in his message of No
vember 2d, 1826 : "J have heretofore submitted to the Legisla
ture, my views in relation to the establishment of a system of
township governraent ; but I deera the subject so important, that I
must again recommend it to your attention. These institution^
have elsewhere produced the most beneficial effects upon the char
acter of the coraraunity, and upon the general course of public
measures. They embrace within their scope, those questions of
local police, vvhich are interesting to every citizen, and which ev
ery citizen is competent to discuss and determine. In the more
extensive concerns ofa county, the necessary regulations for these
subordinate matters cannot be adopted and enforced. Besides, in
proportion as all governments recede frora the people, they become
liable to abuse. Whatever authority can be conveniently exercised
in primary asserablies, may be deposited there vvith safety. They
furnish practical schools for the consideration of political subjepts;
and no one can revert to the early history of our revolutionary
struggle, without being sensible, that to their operation we are in
debted for much of the energy, unanimity, and intelligence vvhich
were displayed by our government, and people, at that momentous
crisis." In a special message, transmitted by Governor Cass, to the Le
gislative Council, November 22d, 1826, he expresses the follow
ing sentiraents on thesame subject : "The act of Congress, chang
ing the mode of appointments to office, in this territory, by requi
ring that nominations should be made by the Governor to the
Council, and the act of the Territorial Legislature, limiting the
tenure of certain offices, have made iraportant changes in this
branch of our local government.
" It appears to me proper, on the first occasion of a general ap
pointraent to office, that I should subrait to you, principles by vvhich
1 shall be guided, in the discharge of that portion of the duty which
is entrusted to rae.

LIFE OF GENERAL CASS. 111?
" It is necessary that all persons, bearing office, should possess
the proper qualifications and enjoy the confidence of the corarau
nity. Whenever either of these requisites is wanting, the office
will be executed vvith diminished usefulness. It is not possible,
that the coraparative claims of all who are proposed, or who are
applicants, can be known to the norainating power. He must
proceed upon such information as may be given to him. The au
thority is vested in him, not for his own sake, but for that of the
community. I have always considered myself, in the execution of
this duty, a trustee for the public, called upon to perforra a speci..
fic act, in which they alone were interested. There are circura
stances, connected with the nature and duties of certain offices,
and vvith the exercise of public suffrage, which render it inexpe
dient, that all appointraents should be filled by popular elections.
Where, however, this authority can be deposited with raost safety,
is a political problem, respecting which much difference of senti
ment has prevailed in the United States. Latterly, the opinion
has gained ground that the constitution of the general govern
ment furnishes the best model for imitation, and that the right of
nomination, vested in a single individual, and the right of con
firmation or rejection, vested in a representative body, afforded the
greatest security which can be devised for the prudent exercise of
this power. An elective body is too often without responsibility,,
and a single individual without control. By uniting the advanta
ges of both, we provide, as far as human institutions can do,
against the abuse of this delegated authority.
" An expression of the public opinion ought to have great weight
in all nominations to office. Where it is unaniraous or uncontra
dicted, it should be conclusive. In county offices, newly created
or occasionally vacated, where the citizens asserable upon proper
notice, and without any concealment, and by the form of an elec
tion, recomraend a person to office, I can conceive few reasons
which would justify the neglect of such an application. The pro
cess appears to me as little liable to objection as any other by
which the qualifications of candidates can be ascertained. But
the practical difficulty is, that there is frequently such a contrari
ety of sentiraent, that no general opinion can be collected. Coun
ter meetings are held, and remonstrances transmitted, and different

114 LIFE OF GENERAL CASS.
names are presented to the Executive for each office, supported
by the recomraendation of respectable citizens. Under such cir
curastances, there is but a choice of difficulties, and a selection
must be made, as the facts in each case may seem to require. I
sincerely trust, when any of our fellow citizens find the person
recoraraended by them has not received the office applied for, that
they will attribute the result to the duty of examining the whole
ground, and of attending to all the representations which may be
made, and not to the slightest disregard of their wishes or opin
ions. It is a task which, however it raay be executed with deli
cacy, must yet be executed with firmness."
On another occasion, the Governor sent the following special
message to the Council : —
" At the late session of Congress, an act was passed, extending to the
citizens of Florida and Arkansas the privilege of choosing almost all their
officers holding their offices under territorial laws ; and authorizing the
local legislature to appoint the few not eligible by the people. I see no
reason why the principles of this act, should not be extended to this terri
tory, and I submit for your consideration the expediency of an application
to Congress for tbat purpose. It will be found that appointments to office
thus made, will be more satisfactory than when they are made upon the
nomination of a single individual. The people in their respective coun
ties are better acquainted with the qualifications of candidates for county
offices, than an Executive magistrate can be, and more competent to de
termine upon them. This measure would give to the people a direct and
proper influence in the management of their affairs — an influence which
at all times ought to be exerted in a republican government, and which
will be more fully exerted in that change in our political condition to which
we are rapidly approaching."
The following opinions of Governor Cass, on ill-advised and fre
quent legislation, altering, amending, and repealing laws only par
tially tested, will be admitted by every one to be sound and judi
cious, and abundantly supported by the experience ofthe last thir
ty' years. He says : — »
" Our code of laws must accommodate itself to the progress of our insti
tutions, and to the more important changes in public opinion. A little ob
servation and refleclion, however, will satisfy us that in the United States,
generally, legislative experiments have been made too frequently, and with
too much facility. Laws are no sooner known, than they are repealed.
Important innovations are made upon established principles ; and experi
ence, the only sure test in^ matters of legislation, soon demonstrates their
ineffic acy, and they give way to some statutory provision. 1 trust that a
character of permanency will' be given to the laws you are about to revise,
and that after engrafting upon them such provisions as have been found
salutary, they will be left to operate until our legal institutions shall be
matured by time aad experience."

CHAPTER VIIL
Gov. Cass is called by Gen. Jackson to the Head ofthe War Department — Mo
tives prompting the selection of Gov. Cass — The popularity ofthe JNew Cabi
net — Proceedings ofthe citizens of Detroit on the departure of Gov. Cass for
Washington — Address of Major Biddle in behalf of the people of Michigan —
Reply of Gov. Cass — He assumes the duties of the department — His Indian
policy while Secretary — Black Hawk war — His preparations to bring the con
test to a speedy close — Reforms introduced by Gov. Cass in his department—
Their popularity — The Indian difficulties in Georgia — Decision ofthe Supreme
Court of The United States reviewed by Gov. Cass — His position sustained by
the people and adopted by the President — Defences ofthe Country — Gov.
Cass' views on the subject — Controversy between the Bank of United States
and the administration — Nullification — Action ofthe administration.
In 1831, upon the re-organization, of Gen Jackson's Cabinet,
Governor Cass vvas called by that remarkable raan, to the head
of the department of war. The venerable patriot who then held
the office of President, possessed araong characteristics which
made hira pre-erainent over his fellow raen, that of an accurate
and ready perception ofthe character and capacity of others. The
peculiar circumstances attending the dissolution of his first cabi
net ; his own position before the American people, as one, from
whora rauch was expected, deeply irapressed hira with the para
mount necessity of calling around hira, to aid hira in the discharge
ofhis high responsibility, the first rainds ofthe nation. More than
ever, was the utmost care and prudence needful in the selection
of his advisers. In this crisis the President justified by his action,
his reputation for sound judgraent and foresight. He called to his
Cabinet, Edward Livingston of Louisiana, as Secretary of State ;
Levi Woodbury of New Hampshire, Secretary of the Navy ; Louis
Mc Lane of Maryland, Secretary of the Treasury ; Lewis Cass of
Michigan, Secretary of War. Roger B. Taney of Maryland was
appointed Attorney General. Public opinion at once, decided that
a more judicious or popular cabinet could not be formed. The
individuals composing it, were well known throughout the country,
as among the most distinguished men ofthe nation, of whom the
Republic was proud. They had all been in public life, and were

116 LIFE OF GENERAL CASS.
eminent for their talents, patriotisra, business capacities, integrity
and devotion to the welfare of the people. It is true, that mur
murs were heard, emanating from aspirants for Cabinet honors,
that the President should seek a confidential adviser frora among
the wilds of a far distant territory, rather than from the populous
cities and towns of the older States. But Gen. Jackson knew his
own position and felt the weighty responsibility that had been
thrown upon him. Deference tothe clairas of the older communi
ties, he sufficiently exhibited in the forraation ofhis Cabinet. The
north east, the south and the centre of the Union were there rep
resented by their distinguished men. The growth of the West,
the sufferings of her people in tirae of war, the residence there of
men who had experienced all the raiseries, and triumphed over the
sufferings of border warfare, called for direct participation in the
Councils ofthe Government. General Jackson's own experience
taught him, who would be the proper man to represent that section
of our country in his Cabinet. Subsequent events confirmed
the wisdora of his selection, and the correctness ofthe public opin
ion which approved his choice. The influence of such raen, upon*
the destiny ofthe country, soon made itself manifest The energy
with which the administration of the governraent was carried on,
excited the adrairation of the candid of al! parties. It seeraed as
if a new spirit had been infused into the body politic. New ave
nues for individual enterprize presented themselves, and the
old ones were occupied with renewed vigor. The fact was estab
lished, that the prosperity and advancement ofthe country, were con
nected raore closely, than they wonld seera to be to the casual ob
server, with the rigorous administration of the General Govern
ment. In proportion as the President and his Cabinet are alert
and active in securing opportunities for national progression, so
are the interests of individual raerabers of coraraunity promoted.
The condition of public affairs was such under the administra
tion of Gen. Jackson and his constitutional advisers, that every
American citizen, pointed with adrairation and pride to the pro
gress of our country. Long pending negotiations, with England,
inTolving questions of trade and coramerce ofthe highest interest
to. our business community, were successfully terrainated. Claims
against France, Denmark, Sweden and Naples were adjusted and

LIFE OF GENERAL CASS. 117
indemnity obtained, commercial treaties, opening new and advan
tageous sources of trade, were made. Our ships found their way
in peaceable and profitable communication with countries, from
which they had been previously excluded. Unsettled difficulties
were placed in process of amicable and speedy arrangement, and
where it was apparent that negotiation would not obtain for our
country our just rights, the detei'mined spirt of the administration
pointed to the last resort. Injuries were redressed; outrages,
however trivial, affecting the honor of the country were punished.
In every foreign court, in all countries, and upon every sea, the
administration directed its efforts to the promotion of public in
terests, and the maintenance and preservation of national honor
and faith. The nation never stood higher in the eye ofthe world,
nor could she ever rnore safely and justly challenge the world to
produce an equal. Such was the condition of this Republic, when
Lewis Cass formed one of the President's Cabinet.
The people of Michigan, over whom he had so long presided ; '
whose public affairs he had administered for eighteen years, com
mencing at a period when gloom and desolation covered the land,
among whom he had lived and associated, and becorae alraost to
each one a personal friend, were averse to his acceptance of any
office which would require the severance of the political and per
sonal connection between them. The same sense of duty which
had actuated hira to exchange in 1813 the privileges and comforts
of settled civilization for the hazards and privations of frontier
life in the wilds of Michigan territory, with hostile and blood
thirsty savages in a state of warfare — now prompted him to obey
the voice of his country, through her Chief Magistrate, calling
him to a new and more extended sphere of action.
Gov. Cass accepted the appointraent tendered to hira by Gen.
Jackson. On the eve of his departure frora Michigan, a nuraber
of citizens, without distinction of party, assembled at a public
dinner, given in corapliment to Governor Cass, to testify their re
spect and friendly feelings for their distinguished fellow citizen.
The proceedings on this occasion demonstrate so clearly the
high estimation in which the Governor was regarded by all, that a
perusal of the proceedings and address of the President of the
day, and the reply of Governor Cass, will afford a more correct

118 LIFE OF GENERAL CASS.
yiew of the relations existing between them, than any other mode
of narration.
The address of Major John Biddle, who presided at the occa
sion, was as follows :
Your Excellency — Our fellow citizens have assigned to rae the office
of expressing the sentiments which your intended departure frora among
them has universally called forth. 'To be the organ of conveying to you
these sentiments is a most grateful duty, sympathising, as 1 do, very sin
cerely, in the general feeling.
Many of us have witnessed your administration of the affairs of this
Territory for a series of years, which embrace a large portion of the ac
tive period of life. The situation is one of the most difficult to which an
American citizen can be called. The public^ officer who is delegated,.
without the sanction of their suffrages, over the affairs of a people else
where accustomed to exercise, in its fullest extent, the right of self-gov
ernment, is regarded with no indulgent feelings. The relation is truly
colonial ; and the history of Territories, like other colonial history, has
been too often a mere chronicle of the feuds of the governing and the
governed, exhibiting a domineering and arbitrary temper on the one side,
met by a blind and intemperate opposition on the other.
From the evils of such a state of things, we have happily been exempt
ed. You have preserved harmony by wisely conceding to public opinion
that weight to which it is entitled under every government, whatever may
"be its forms ; thus giving to your measures the support of the only au
thority to which the habits of American citizens will allow them cheer
fully to submit. The executive powers of the Territory have been ad
ministered in the spirit of republican habits and principles too firmly fixed
to yield to temporary circumstances, leaving the people nothing to desire
but an occasion to manifest their approbation, by bestowing themselves
an authority so satisfactorily exercised.
Of the manner in which yourself and most estimable family have per
formed the courtesies, as well as the graver duties of private life, I will
permit myself to say no more than that it has been duly appreciated, and
has left an impression not easily to be effaced.
The people of Michigan will long remember your zealous and success
ful exertions to promote their welfare ; and, sir, if the present separation
should prove a final one, be assured that they will look, witb affectionate-
interest, to your future career, hoping that in a raore extended field of use
fulness, it may be as honorable to yourself and as beneficial to your fel
low citizens, as that has been which you are now about to terminate. A1--
low me to propose.
Lewis Cass — Health and happiness attend his future course. May
the people of the United States duly appreciate the talents and integrity
which Michigan has contributed to the public service of the Union."
The delivery of this address and sentiment was received by the
assembled raultitude with great and sincere enthusiasm. The
speaker had struck a chord which found sympathy in the hearts of
all present, and could only find expression in loud and prolonged
cheers. When the plaudits and excitement had subsided. Gover
nor Cass rose and responded as follows : —
Fellow Citizens— I return my sincere thanks for this distinguished

LIFE OF GENERAL CASS. 119
mark of your regard, as well as for the very kind manner in which your
sentiments have been conveyed to me, by the gentleman who has been
called to preside at this festive board. This numerous and i^pectable
assemblage furnishes but another manifestation of that kindness which
has never deserted me, during the period of eighteen years, in which I
have administered the Executive department of the Territorial Govern
ment, and under many trying circumstances, both In peace and war. At
the commencement of that period, the Territory had just been rescued
from the grasp of an enemy. Its population was small, its resources ex
hausted, its prospects cheerless. "The operations of the war had pressed
heavily upon it, and scenes of suffering and oppression had been exhibit
ed, to which, in the annals of modern warfare, we may vainly seek a par
allel. We have only to look around us to be sensible how great is the
change which has since taken place in our condition. The Peninsula has
been explored in every direction, and its advantages ascertained and de
veloped. The current of emigration has reached us, and is spreading over our
forests and prairies. Settlements have been formed, villages founded, and
roads opened in every direction. All the elements of social order and
prosperity have been called into action, and are combining to form an
other republic, almost prepared to ask admission into that confederacy,
which, protecting all in its hour of security, may appeal to all in its hour
of danger, should danger ever approach it. This great advantage is due
to the intelligence, industry, and enterprise of our countrymen. These
causes will continue to operate, until the vast plain extending from Lake
Erie to Lake Michigan, shall furnish through its whole extent another ex
ample of the powerful effects of free institutions upon the progress and
prosperity of a country.
I have been called, fellow citizens, to another sphere of action. To
one where your generous confidence cannot alone support me ; and where,
I am apprehensive, I shall find the duties as far beyond my abilities, as
the appointment itself was beyond my expectations.
But wherever I may go, or whatever fortune may await me, I shall cher
ish with unfading recollection, the events of this day, and the sentiments
you have expressed towards myself, and towards those whom nature and
affection have made the nearest and dearest to rae.
In severing the connexion which has heretofore united me to the Ter
ritory, permit me to thank you for all the kindness I have received from
you. I can claim only the merit of having endeavored faithfully to exe
cute the trust reposed in me : and if, at the termination of my long period
of service, I leave you without a party for or against the Executive, to
your partiality, far more than to my services, must this result be attribu
ted. For that forbearance, as well as for all other marks of your favor,
and especially for this, the latest and the last, I beg leave to express my
feelings in a sentiment —
The citizens of Michigan — May they be as prosperous as they have been
to rae kind and gener lUS.
It has rarely been the good fortune of an Executive officer, cloth
ed with such extraordinary powers, as were the Governors of the
Territories, by virtue of the ordinance of 1787, to retire from
official station, with so little coraplaint, or without having afforded
opportunities, where they might be preferred against hira. ' With
the generous feelings, characteristic of the people of the West, ¦

120 LIFE OF GENERAL CASS.
which makes them desirous to render justice where it is due, the
people of Michigan did not hesitate to -proclaim with united voice,
their satisfaction vvith the Governor's administration, and their un
feigned regret, when their political connection was closed.
In the adrainistration of the affairs of the War department, ne-
essarily onerous and numerous. Gov. Cass brought to bear all the
energies of his nature, and the wisdom and experience of his prac
ticed and active mind. In his first report, in Deceraber, 1831, he
directed the attention of the Executive and Congress, to the ne
cessity of certain changes and reforms, calculated to expedite the
business ofthe department, and render more efficient that arra of na
tional defence committed to his guardianship. Every branch of
its various ramifications received his attention, and the most mi
nute details, elucidating his views, were presented, so that convic
tion of the justness and importance of his suggestions could not
fail to be the result of an exaraination of his positions. The great
question of Indian policy, vvas more directly under his control,
than when acting as Gov. of Michigan. To the management of
this delicate subject, he applied the knowledge acquired by years
of personal intercourse with those people.
In his report. Gov Cass entered into an extended view of their
condition and the policy and duty ofthe government towards them.
The experience of a series of years, served to confirm his early
forraed opinion, that the reraoval of the great body of Indians to
the west of the Mississippi, raust ultiraately be consuramated.
The Indian question was at one time fraught with momentous con
sequences, to the people ofthe United States, and was the subject
of frequent and angry discussion, as well as of misrepresentation
and accusation against the justice and honor of the government;
and at the present day, requires continued and watchful attention.
No man, could raore satisfactorily clear it of its difficulties and
perplexities, or devise raeans to avoid thera, than Gov. Cass. A
knowledge of his opinions, is consequently indispensable to a cor
rect understanding of so intricate a subject. He remarks on this
question in his report.
"The condition and prospects of the aboriginal tribes within the limits
of the United States, are yet the subjects of anxious solicitude to the
Government. In some of the States, they have been brought within the
operation ofthe ordinary municipal laws, and these regulations havebeen

LIFE OF GENERAL CASS. 121
tibrogated by Legislative enactments. This procedure renders most of
the provisions of the various enactments of Congress upon this subject
inoperative; and a crisis in our Indian affairs, has evidently arrived,'
which calls for the establishment of a system of policy adapted to the
existing state of things, and calculated to fix upon a permanent basis the
future destiny of the Indians. Whatever change may be contemplated
in their situation or condition, no one vvill advocate the employment of
force or improper influence in effecting it. It is due to the character of
the government and the feelings ofthe country, not less than to the moral
and physical imbecility of this unhappy race, that a spirit of kindness and
forbearance should mark the whole course of our intercommunication
with them. The great object, after satisfying ourselves, vvhat would best
ensure their permanent welfare, should be to satisfy them of the integrity
of our views and of the wisdom of the course recommended to them.
" The Indians who are placed in immediate contact with our settle
ments, have now the alternative of remaining in their present positions,
or of migrating to the country west of the Mississippi."
The question is then examined by the Secretary, whether the
Indians could maintain their independence, or even preserve their
existence, while in contiguity with the settled portions of the coun
try. The subject is raost ably aad amply discussed. The conslu-
sion arrived at is, that removal from the contact of civilization is
the only alternative left them to ensure their national perpetuity.
" A change of residence therefore, from their present positions to the
regions west of the Mississippi, presents the only hope of permanent es
tablishment, and improvement. That it will be attended with inconvenien
ces and sacrifices no one can doubt. The associations, which bind the
Indians to the land of their forefathers, are strong and enduring ; and
these must be broken by their migration. But they are also broken by
our citizens, who every day encounter all the difficulties of similar chan
ges in pursuit of the means of support. And the experiments that have
been made satisfactorily shew, that by proper precautions, and liberal ap
propriations, the removal and establishment of the Indians can be effec
ted with little coraparative trouble to them or us. Why then should the
policy of the measure be disputed or opposed.' The whole subject has
materially changed, even within a few years ; and the imposing consider
ation it now presents, and which is every day gaining new force, calls up
on the government and the country to determine what is required on our
part, and what course shall be recommended to the Indiana. If they re
main, they must decline and eventually disappear. Such is the result of
all experience. If they remove, they may be comfortably established, and
their moral and physical condition ameliorated. It is certainly better for
them to meet the difficulties of removal, with the probability of an ade
quate and final reward, than, yielding to their constitutional apathy, to sit
still and perish.
" The great moral debt we owe to this unhappy race is universally felt
and acknowledged. Diversities of opinion exist 'respecting the proper
mode of discharging this obligation but it<s validity is not denied. And
there certainly are difficulties which may well call for discussion and con-
eideration. For more than two centuries, we have been placed in contact with the
Indians; and if this long period has been fruitless in useful results, it haa
not been so in experiments, having in view their improvement. Able

122 LIFE OF GENERAL CASS.
men have been investigating their condition, and good men in improving
it. But all these labors have been as unsuccessful in the issue, as many
ofthem were laborious and expensive in their progress.
" The work has been aided by governments and communities, by public
opinion, by the obligation of the law, and the sanction of religion. But
its history furnishes abundant evidence of entire failure, and every thing
around us upon the frontiers confirms its truth. The Indians have either
receded as our settlements advanced, and united their fragments with some
kindred tribe, or they have attempted to establish themselves upon reser
vations, in the vain hope of resisting the pressure upon them, and of
preserving their peculiar institutions. Those who are nearest to us have
generally suffered most severely, by the debasing effects of ardent spirits,
and by the loss of their own principles of restraint, few as these are,
without the acquisition of ours ; and almost all of them have disappeared,
crushed by the onward course of events, driven before them. Not one
instance can be produced in the whole history of tbe intercourse between
the Indians and the white men, where the former have been able, in dis
tricts surrounded by the latter, to withstand, successfully, the progress of
those causes, which have elevated one of these races, and depressed the
other. Such a monument of former successful exertion does not exist.
"Indolent in his habits, the Indian is opposed to labor ; improvident in
his mode of life, he has little foresight in providing, or care in preserving.
Taught from infancy to reverence his own traditions and institutions, he
is satisfied of their value, and dreads the anger of the Great Spirit, if he
should depart from the customs of his fathers. Devoted to the use of
ardent spirits, he abandons himself to its indulgence without restraint.
War and hunting are his only occupations, He can endure without com
plaining the extremity of human suffering; and if he cannot overcome
the evils of his situation, he submits to them without repining. He at
tributes all the misfortunes of his race to the white man, and looks with
suspicion upon the offers of assistance that are made him. These traits
of character, though not universal, are yet general ; and the practical
difficulty they present, in changing the condition of such a people, is to
satisfy them of our sincerity, and the value of the aid we offer; to hold
out to them motives for exertion ; to call into action some powerful feel
ing, which shall counteract the tendency of previous impressions. It is
under such circumstances and with these difficulties in view, that the
government has been called upon to determine what arrang-ements shall
be made for the permanent establishment of the Indians. Shall they be
advised to remain or remove ? If the former, their fate is written in the
annals of their race ; if the latter, we may yet hope to see them renovated
in character and condition, by our example and instruction and their ex
ertions." The basis ofa plan for the reraoval and perraanent establishment
ofthe Indians west ofthe Mississippi, was set forth in the report
of Gov. Cass. It was one which embraced certain fundaraental
principles obviously arising out of the nature of the scheme, and, if
adopted, would constitute the best foundation for the exertions of
the i government and the welfare of the Indians. He proposed.
First, That the country assigned to them should be guaranteed to
them and their descendants, so long as they should continue to oc
cupy it, and that it should be protected from encroachment of the

LIFE OF GENERAL CASS. 123
settlements of the whites. Second, that ardent spirits should be
excluded from the new country. Third, that the United States
should be at all times prepared vvith sufficient force to suppres hos
tilities which might occur among the different tribes. Fourth,
encourageraent to severalty of property, and such provision for its
security as might be necessary for its enjoyment, not afforded by
their own regulations. Fifth, assistance and instruction in the
prosecution of agricultural pursuits. Sixth — the enjoyment of
their peculiar institutions not incompatible with their own safety
and that of the people of the United States near them, and with the
objects of their prosperity and improvement. Seventh — the event
ual employment of persons to instruct them in the acquirement of
civilization. The Indian question had its origin at an early day in the formation
of our government. Successive years had not contributed to remove
the difficulties which encumbered it, and, although every administra
tion in its intercourse with the gradually wasting nation, which in vain
strove to save itself, was marked with the highest degree of justice and
benevolence, disaffected and interested persons found what they
considered sufficient grounds to traduce the motives and actions
ofthe Government. Like other great and commanding questions,
it at length became involved with party politics, and, of course,
subject to all the degrees of misrepresentation and accusation,
which forms so large a component of party warfare. The recom
mendations of Gov. Cass, and the action of the administration
thereon, did not escape the virulence of party feeling. And yet,
the proposed plan was, in fact, but the practical realization of the
intentions of his. predecessors. There were but few, who devoted
attention to the subject, who were not satisfied, by the argliments
of the Secretary of War, that the views of the Administration were
correct — that it was morally and physically impossible for the In
dians to exist in proximity to, and surrounded by the whites ; that
as a people, they could not be civilized ; that they could not be
permitted to live an independent people, governed by their own
regulations^ within the limits of a sovereign State. There must,
of necessity, be a conflict between the Indians and the state au
thorities, and, v/orse ' than that, between the general government
and the states. Hence the administration of Gen. Jackson adop-

124 LIFE OF GENERAL CASS.
ted the only alternative, the removal ofthe Indian?. To Gov. Cass
belonged the accomplishment of this object. The wishes and in
tentions ofthe Government were explained to them — they were
treated as beings, capable of understanding their true interests ;
no unfair dealing, rio coercive means were adopted ; their agree
ment to reraove was voluntary, and obtained by negotiation and
explanation ; they were convinced that their existence depended
upon acquiescence in the views ofthe Government, and they wise
ly assented to the ar rangeraents recommended by the Secretary of
War. The principles urged by Gov. Cass as those which should govern
the connection between our government and the Indian tribes,
were adhered to in its subsequent action. An extensive and fer
tile country was assigned to thera. Coramissioners vvere sent to
visit the tribes vvho had already emigrated, to arrange conflicting
clairas ; to settle disputed questions of boundary ; to reconcile
hostile tribes, and to carry out the humane and just intentions of
the Governraent.
In the suraraer of 1832, the aggressions of the Sac and Fox tribes
of Indians had becorae so daring and extensive, as to call for the
interposition of the governraent. The Secretary of War, (Gov.
Cass,) versed in Indian character,' and knowing their mode of war
fare, adopted prompt and active measures for their subjugation
and punishraent. The United States soldiers, stationed in the vi
cinity of the scene of outrage, vvere concentrated under the com
mand of Gen. Atkinson, and raarched to the locality ofthe eneray.
The militia ofthe State of Illinois and of the western part of the
territory of Michigan, were called out in defence of the frontier.
Troops were also sent frora posts on the Atlantic, to the frontier
establishments, to co-operate with the coraraand of Gen. Atkinson.
Gen. Scott accorapanied and comraanded the soldiers frora the
eastern posts. The forces under Gen. Atkinson marched to the
ground where it was supposed the Indians, under Black Hawk,
were encaraped. When they reached the spot, it was found that
the Indians had withdrawn upon their approach. Gen. Dodge was
dispatched in pursuit. He overtook them on the evening of the
21st of July, and had a battle with a band of about three hundred
Sacs, at a place called Petit Roche, near the Wisconsin river, and

LIFE OF GENERAL CASS. 125
about thirty miles from Fort Winnebago. The Indians retreated
towards the river, after fifty of their number were killed. On the
twenty-seventh and twenty-eighth of July, Gen. Atkinson, with
thirteen hundred men, crossed the Wisconsin, and followed the
trail of the enemy until the second day of August, when they came
up with the main body of the Indians, on the left bank of the Mis
sissippi, opposite the mouth of the Iowa river. A battle ensued,
in which the Indians were routed and driven from their position.
One hundred and fifty of them were killed, as near as could be
ascertained. The reranant of the band crossed the river and fled
into the interior. Black Hawk, with his faraily, and the Prophet,
his brother, were not found among any of the bands of Indians con
quered by the troops. They had fled up the Mississippi, for refuge,
among the Winnebagoes, who not long after the last decisive bat
tle brought both Black Hawk and the Prophet, and delivered them
up to our army.
The energy and promptitude exhibited by the War Department,
in adopting at the outset ample and effective means for conquering
the refractory Indians, undoubtedly saved the country from the
expense and horrors of a protracted Indian warfare, consisting of
a series of skirmishes and fights between sraall parties of both for
ces. The campaign was soon terminated by the submission ofthe
hostile tribes, who were well satisfied, after witnessing the deterrai
nation ofthe government to bring them under subjection, to enter
into a treaty of peace, on the terms of the conquering party. Black
Hawk and the Prophet, who vvere the principal instigators of this
war, were delivered to the President of the United States, and re
tained for some time as hostages, for the faithful maintenance on
the part of the Indians, of their treaty stipulations.
Gov. Cass introduced many reforms into the details ofthe man
agement of the several public interests under charge of the War
Department. Intimately associated in early life for a long period,
with the soldier, while on actual service, he could not fail to ob
serve, that very much might be effected by the Head of the War
Department, which would contribute to the comfort of the soldier,
while it entailed no increase of expenditure upon the government.
A slight attention to apparently trivial evils would be. all that would
be required to accomplish itnportant results. He had become sat-

126 LIFE OF GENERAL CASS.
isfied that many of the evils incident to military establishments
were attributable to habits of intemperance acquired by the sol
diers, and not prevented, or sought to be, by military regulations.
As a highly necessary step towards the eradication of a custora so
pregnant with dangerous consequences, he introduced a salutary
change in the subsistence regulations of the army. In lieu of spir
ituous liquor which had been dealt out to each soldier as a part of
his daily rations, he established a commutation therefor, by a spe
cific sum in raoney paid to each soldier, equal in araount to the
value of the liquor to which he was entitled. Beneficial effects
resulted frora this change, although its full influence was partially
obstructed by the opportunity of purchasing frora the suttlers of
the posts the deleterious article sought to be excluded. Subse
quently, by act of Congress, coffee and sugar were substituted for
the money paid for the commutation, and the suttlers prohibited
from selling spirituous liquors to the soldiers, or introducing it in
to the military posts, except as part of the hospital stores, to be
used in cases of sickness. Public opinion, as well as the acqui
escence of the parties mostly interested in this step of reform, sus
tained the Secretary of War in his adoption of a measure so plainly
and forcibly conducive to the well being of the' soldier as a man, and
to the raore efficient and orderly conduct of the army in general.
The advantages to be derived frora well disciplined raounted
men, especially during Indian hostilities ; of an increased and more
efficient organization of the topographical corps, were urged in the
report ofthe Secretary for the year 1832, with great force and
ability. In this report, also, was an extended view of the condition
of the Indians, and of the policy and duty of the government to
wards them. Gov. Cass also abolished the custora of parading and
inspecting the soldiers on the Sabbath ; thus enabling them to de
vote their tirae, on that day, to the proper observance of its sacred
demands upon their attention.
It was at this period that the controversy between the Govern
ment and the state of Georgia, reached its crisis. The Chero-
kees had conceived the idea that by treaties between their nation
and the United States, the right to a separate and independent
government, within the limits of the state of Georgia, was guaran
teed to them. It was contended by Georgia, that she had a right

LIFE OF GENERAL CASS. 127
of civil and crirainal jurisdiction over the whole ofher lands with
in her chartered limits, and that her jurisdiction of right, extended
to the persons and things within those liraits. That by the con
stitution of the state, final and conclusive jurisdiction in crirainal
cases, was rested in the courts of the state ; and when those courts
pronounced the sentence of the law, no other court had the right
to rehear, overule or reverse that decision — that no power was
granted by the Constitution of the United States to the federal
courts to interfere with, or control the crirainal jurisdiction of the
states. By the laws of Georgia, it was made a penal offence for
any person to reside upon the lands of Georgia then in the occu
pancy ofthe Cherokees, without licence from the Governor of the
state. The raandate of those laws was disobeyed, and the sov.
ereignty of the state, questioned by both Indians and white men,
who were induced by a spirit of speculation and thirst for the rich
treasures ofthe gold mines to set at defiance the laws under which
they lived. A collision soon occurred between the judicial authori
ty of the federal governraent, and the executive and rainisterial
officers of Georgia. The question was carried to the Supreme
Court ofthe United States, and there a decision was given against
the claim of sovereignty within her territorial liraits, set up by
Georgia. This decision had the inevitable tendency to increase
the difficulties already sufficiently formidable, in the way of the
Secretary of war, in carrying out his wise and humane policy to
wards the Indian tribes. The decision of the Suprerae Court, was
to hira a subject of great moment. Conscientiously opposed to its
doctrines, he examined the reasons and arguraent by which the
court had shorn a sovereign state of its jurisdiction. His raasterly
dissection of the weakness and fallacy of that doctrine was the sub
ject of unqualified approbation araong the most learned jurists of
the country. That he was right, the event plainly demonstrated.
The policy of vvhich, he was the founder, and firm and consistent
supporter, was sustained by the public opinion of the people. Gen.
Jackson was upheld by the general voicein his adoption ofit. Gov.
Cass had the satisfaction of beholding an exciting and delicate
question settled upon a basis, forraed by himself, upon enlarged
views and extensive experience. By his tact, skill, and scrupu
lous regard for the rights of all interested, he succeeded in estab.

128 LIFE OP GENERAL CASS.
lishing upon an immoveable foundation, the humane and benevo
lent policy of the government towards an unfortunate and fast
disappearing race of men, and averting a rupture between the
federal government and a state sovereignty, which threatened
consequences full of danger, to the Union.
A question of the like character, arose within the State of Ala
bama, which brought the state and federal authorities to the
very point of collision. The Secretary of war, fortunately inter
posed, and while he amply sustained the claims and rights of the
state, he surrounded the Indians with all the protections which the
laws ofthe United States and treaty stipulations guaranteed them.
In 1836, Gov. Cass made his celebrated and minute report, up
on the military and naval defences of the country. In transmit
ting this document to Congress, Gen. Jackson, took occasion to
say, that he concurred in the views expressed by the Secretary of
war. There existed at that time, not only much diversity of opin
ion among prominent statesmen and railitary men of high rank, in
regard to this question, but a great degree of misconception, which
subsequent investigation, and more accurate knowledge of the
wants of the country in a state of warfare, tended to remove.
The subject, in all its extensive ramifications, was thoroughly
examined by the Secretary of war, and while he appreciated to the
entire extent, the benefit derived from ample and well appropriated
fortifications, he could not overlook the consideration, that a dis
criminating and judicious application of public money to the
erection and full equipment of fortifications, at certain definite lo
calities, would be more advantageous, and more effective for gen
eral protection and defence, than an undefined and unregulated
system, which would build expensive forts, wherever there was a
possibility of an enemy gaining a foothold.
Gen. Cass, after an elaborate examination ofthe nature and condi
tion of our inland seas, expressed the opinion that our lake fron
tier required no permanent defences, and that entire reliance could
be placed upon the resources, both in the personnel and materiel
in the extent and natural advantages which our country possessed
in that quarter. The establishment of a depot, for the reception
of munitions of war, in some part of Michigan, was suggested as a
matter of expediency and precaution. The lake country from its

LIFE OF GENERAL CASS. 129
location, in case of hostilities might be in some degree, necessarily-
cut off from expeditious and easy communication by water with
the eastern portion of the country, in which event, such a depot
would render the means of defence, ample and easily accessible.
Gov, Cass was in favor of erecting a line of defences upon our
maritime frontier, which, in case of war, could be used in co-ope
ration with our naval power. He considered that possessing, as
we do, three thousand miles of sea-coast, washed by an ocean which
separates us from the most civilized and enlightened nations of the
earth, who, in case of war with us, would avail themselves of every
advantage which that element conferred, to annoy and injure our
maritime towns and commerce— it was the first duty of the Gov
ernment to augment the naval defences ofthe nation, to an extent
proportionate with our resources and necessities. Our points of
exposure being nuraerous and separated, it would be impracticable
to keep, at every point, a force competent to resist the attack of an
enemy, prepared by naval armaraent to make a vigorous inroad up
on our shores. Hence, argued Gov. Cass, the Governraent should
encourage those branches of interest essential to the growth of a
navy ; so that, on thp approach of danger, a fleet raight put to sea
without delay, sufficiently powerful to raeet any force sent to our
coast. " Our great battle," says Gov. Cass, in this lurainous reportj
" upon the ocean is yet to be fought, and we shall gain nothing by
shutting our eyes to the nature ofthe struggle, or to the exertions
we shall find it necessary to make. All our institutions are esseti*
tially pacific, and every citizen feels that his share of the common
interest is affected by the derangement of business, by the enorm
ous expense, and by the uncertain result of a war. Our history
shows, that we are more disposed to bear, vv-hen evils oupht to be
borne, than to seek redress by appeals to arms ; still, however, a
contest must come, and it behooves us, while we have the means,
and the opportunity, to look forward to its attendant circumstan
ces, and to prepare for the consequences.
" There is as little need for inquiry now, into our moral, as into
our physical capacity to maintain a navy, and to meet, upon equal
terms, the ships and seamen of any other nation. Our extended
commerce, creating and created by these resources, which are es-
9

J30 LIFE OF GENERAL CASS.
sential to the building and equipment of fleets, removes all doubt
upon the one point, and the history of our naval enterprise, from
the moment when the colors vvere first hoisted upon the hastily pre
pared vessel, at the commencement of our revolutionary struggle,
to the last contest, in which any of our ships have been engaged,
is equally satisfactory upon the other. The achievements of our
navy have stamped its character with the country and with the
world. The simple recital of its exploits is the highest eulogium
¦which can be pronounced upon it."
After setting forth further reasons for providing liberally for na
tal operations. Gov. Cass proceeds :
" It seems to me, therefore, that our first and best fortification is the
iiavy. Nor do I see any limit to our naval preparations, except that im
posed by a due regard for the public revenues from time to lime, and by
the probable condition of other maritime nations. Much of the material
eraployed in the construction and equipment of vessels is almost indes
tructible, or at any rate may be preserved for a long series of years ; and
if ships can be kept thus without injury upon Ihe stocks, by being built
under cover, I do not see what should restrain us from proceeding to
build as many as may be deemed necessary, and as fast as a due regard
lo their economical and substantial construction will permit, and to col
lect and prepare for immediate use all the munilions of war, and other
articles of equipment not liable to injury or decay by the lapse of time.
To build and equip vessels properly, requires much time, as well with re
ference to the execution of the work, as to the proper condition of the
materials employed. Naval means should, therefore, be provided at a
period of leisure, to be ready for immediate employment in a period of
exigency; and a due regard to prudence dictates that these means should
so far exceed the estimated demands of the service, as to supply in the
Khortest time any loss occasioned by the hazards of the ocean and the
sccidents of war."
During the period that Gov. Cass was a meraber of Jackson's
Cabinet, party spirit had reached a height untd then unprece
dented in the political divisions of our country. Never was an
administration so peculiarly situated. Questions threatening the
disruption ofthe American Union, arose, among the other difficulties
which suTounded it. Timid, weak minded men would have been
appalled by the tremendous responsibilities which the President
and his Cabinet were called upon to assume, and would have suc
cumbed to the influences brought to direct their action and sway
them to the support of powerful but factious interests. On the
one hand, that mighty engine of money power, the Bank of the
United States, had successfully fought its way through Congress
amd reached the President with its renewed charter, demanding

LIFE OF GENERAL CASS. 131
his assent thereto. It was well known that as the representative
of the democratic party, he could not approve the act. But it
was hoped by the friends of that institution, that the action bf con
gress would remove frora the President's mind the objections he
entertained, and induce him to acquiesce in its proceedings. But
they were mistaken in their conception of the man. With un
shrinking firmness, sustained by his Cabinet, he returned the Bank
charter to Congress, vetoed. The nation sanctioned the act, by
re-electing him the same year, for a second Presidential term.
Another forraidable difficulty at the same time beset the admin
istration, in the threats of secession from the Union, of one of the
States. South Carolina, considered herself aggrieved by "the acts
and parts of acts ofthe congress ofthe United States, ])urporting
to be laws iraposing of duties and imports on the importation of
foreign commodities" and more especially by "two acts for the sarae
purposes passed in May 1828 and July 1832." Preparations were
made to resist the operation of those laws within her limits. A
Convention was held — inflararaatory speeches and addresses
delivered and an ordinance adopted, requiring frora the citizens of
that state, resistance to the laws ofthe United States. The ad
ministration was equal to the emergency. As coming imraediately
within his own departraent. Gov. Cass, at this eventful crisis, issued
directions to the Coramandant ofthe military force ofthe United
States, then in South Carolina. His instructions were such as
true patriotisni would dictate. While on the one hand, he was
determined to sustain the authorities of the Federal Governraent,
and enforce its laws ; on the other, he was anxious that no cause of
complaint should exist against the governraent in regard to the dis
position and conduct of the array. With this view he directed
that the comraanding officer, should in all cases, while there was a
prospect of difficulty, look to the Departraent for instructions. Un
der the emergency then existing, it was deemed expedient, that
the President alone, if collision should arise, should direct the army.
The proclamation of the President was issued, in which the sub
ject of nullification is discussed and dissected in the clear and lu
cid manner which renders the state papers of Gen. Jackson so
satisfactory and comprehensible to all. Its doctrines were precise
ly such as were expected from an administration with the vener-

132 « LIFE OF GENERAL CASS.
able chief Magistrate at its head. The unity and harmony of the
states he was deterrained to preserve. The right of a state to nul
lify an act of Congress, was deraonstrated to be the raere specula
tion of politicians with treason in their hearts. The eloquent
manner in vvhich the subject was presented ; the pure and lofty
patriotism ofthe argument, the indisputable truth of the sentiment,
and the firra and immoveable position of the Executive, comman
ded the assent and adrairation of even the political enemies ofthe
administration. The nullifiers theraselves did not openly become
converts from their position, but the storm of disunion was stilled- -
the country was saved ; men began to reflect on the foolishness,
and the hopelessness of rebellion against the federal government,
and the administration of Gen. Jackson had the pleasure of wit
nessing the turbid waters of nullification settled and clarified by its
wisdom, firmness and patriotism, the precusors of subsequent satis
factory legislation.
The action ofthe administration on these two exciting subjects,
which convulsed the Union from one extreraity to the other, satis
fied the reflecting, of all parties, that the President and his cabi
net were the firra, iraraoveable defenders of the Constitution. In
fluences, which but few men could have resisted, they battled man
fully, until the bank on the one hand, and nullification on the other,
bowed in subraission to the decision of the powerful and patriotic
minds, vvhich then directed the affairs of the country. The Union,
by vvhich Gov. Cass has ever stood, with out stretched arra for its
defence, was brought safely J;hrough a contest vvhich shook it to its
very centre. The judgment of the wise and fearless statesraen,
who, in that hour of peril, shrunk not frora duty, was sanctioned
by the voice of a grateful people, who never neglect or forget their
faithful public servants. The gratitude of a Republic raay be slow
in its raanifestation, its efforts at expression may, by momentary
feeling, unworthily aroused, be retarded or temporarily frustrated,
but the " sober, second thought of the people, which is seldom
wrong and always efficient," is sure to make ample and triumph
ant amends for the misfortune of its first defeat.
Gov. Cass was at the head of the war department for nearly six
years. His connection with it was terminated by his acceptance
of the embassy to France, in which station he gained a world-wide
celebrity, as a statesman and diplomatist.

CHAPTER IX.
Gov. Cass accepts the embassy to France — He departs on his mission — His vigi
lance in guarding the rights ofhis conntry — He thwarts the attempt ofthe ifn-
glish Ministry to obtain universal dominion on the high seas— His examination
of the question of the Right of Search— His protest laid before the French Min
istry — Subsequent proceedings.
The laborious duties of his departraent having for a period of
nearly six years required and received the continued attention of
Gov. Cass, his health became impaired by confineraent and the un
ceasing devotion of his time to his official duty. He vvas in con
sequence compelled to withdraw frora the Cabinet, greatly to the
disappointment ofthe President, who "expressed a desire that he
would if possible remain until the expiration ofthe pr^idential terra.
But the state of his health forbid his continuance in that station.
He resigned, and the President, unwilling that the nation should
lose for any period the direct influence of Gov. Cass' experience
and sound judgment in the management of its affairs, tendered him
the embassy to France. This appointraent, being consistent with
the intention of the Governor to visit the old world, was accepted ;
and, in 1836, he departed from his native shore, to represent his
country at the court of one of the great powers of Europe, where
he would raeet the ablest diplomatists of the world, and whose
schemes might perhaps be aimed against the interests of his own
country. While minister to France, Gov. Cass watched vvith care and at
tention the moveraents of the European Courts. With a regard
for the interests and honor of his own country, he permitted no
question of diplomacy, having the least bearing upon the condition
or prospects of the United States, to escape his strict and energetic
scrutiny. The English government, considering herself mistress
of the seas, assuraed to draw up treaties regulating the intercourse
and relationship of ships of different nations upon the high seas.
Regardful of her own pretensions, she is neves scrupulous of the

134 LIFE OF GENERAL CASS.
manner or the place where she shall prefer them; nor has she ever
been, nor is she now, disinclined to exert all the arts of diplomatic
cunning to blind the eyes of those whom she seeks to bring within
the power ofher arra, or whose co-operation she desires, to assist
in the attainraent of her objects. Aspiring to the unliraited and
acknowledged mastery of the seas, she sought to unite the five great
powers of Europe in a treaty recognition of the right of search.
Austria,Russia, Prussia and France, were, vvith herself,to be the con
tracting parties in the affair. The right of search had ever been op
posed by the American government ; and in her persevering efforts
to establish the doctrine, England had been successfully resisted
by the United States for more than thirty years. Under the spe
cious pretence of preventing the trade in slaves, she again revived
her pretensions, and so far influenced the governraents of Europe,
as to induce them to sign the treaty she had prepared. The ratifi
cation of this treaty, and its execution, would have once more
brought us into collision with England. Happily at this juncture.
Gov. Cass, acting upon his own responsibility, appealed to the peo
ple of France* and protested to its government against its ratifica
tion by the legislative branch of the French government. The
ratification by France was necessary to give it vigor and power.
If that country and the United States should oppose it, as most assur
edly the latter would, its provisions could not be enforced, though
the other four powers should countenance it. The appeal and
protest of Gov. Cass, were effectual. The French Chamber of
Deputies refused to ratify the treaty. The stand taken by Gov.
Cass, thwarted the design of the English Government, and broke
up the conspiracy she was forraing against the sovereignty ofthe
United States, upon the free seas of the world. It was this mas
terly movement of that distinguished man, that at the same tirae
preserved the honor of his country untarnished, and ensured the
continued peaceful relations between her and England ; while a
not less beneficial result was attained, by preventing France, our
first friend and ally, frora becoming entrapped into the position of
aid and supporter of pretensions and arrogance, to which the Uni
ted States never would subrait.
It will be well to dwell for a raoraent on the consequences avert
ed by the action of Gov. Cass. If France had ratified the treaty,.

LIPE OF GENERAL CASS. 135
being a party to it, she would have been bound to keep her faith
and enforce its requirements. England, backed and upheld by her
great allies, would have become more than ever arrogant, and the
vessels of the United States would have been at the mercy of her
naval officers — subject to be stopped and searched — and liable to
interruption and insolence, every where upon the high seas. Sub
mission to this indignity, there would not have been, but there
would have been war. That would have been inevitable, and
with it, would, in all probability, have been a depression of our
trade and commerce, and we- would be made to appear as if fight
ing to sustain a trade, which the enlightened powers of Europe
were endeavoring to destroy. England, supported by her treaty,
and the countenance of her allies, would have said : " We are en
deavoring to destroy the infernal traiffic in human flesh. You op
pose us, and for this we fight you." Such would have been her
language, though false. We would have fought her upon the high
way of nations, until the last spar was broken, and as long as there
was a rag to flutter in the breeze ; but it would have cost us an in
calculable sum, and thousands of noble lives. France, thus placed
by Gov. Cass, with the United States, as the committed defenders
of the liberty of the seas, made England pause in her onward
course after maritirae absolutism, and seek in truth and reality, by
negotiation, the object which before was only used as a cloak for
other and selfish purposes. In a pamphlet entitled, " an examina
tion ofthe question, now in discussion, between the Araerican and
British Governraents, concerning the right of search," Gov. Cass
laid before the world the true issue, with the circurastances arising
out of the peculiar relation to it, and the grounds upon which the
deraand of the British Government and the refusal of the United
States, were raaintained.
The proceedings of our Minister upon this question of gravest
import to the world, should receive the study and examination of
every citizen of the United States. His own reasons and argu
ments for his course, present a view of the entire subject, which
must carry conviction of its propriety, to every mind not closed
against the light of reason and the force of truth. The following
document, written and published by Gen. Cass, in Paris, in Janu-

136 LIFE OF GENERAL CASS.
ary, 1842, will convey to the render a full exposition of the great
and coraplicated question which it discusses.
THE RIGHT OF SEARCH.
An examination of ihe question, now in discussion, between the
American and British Governments, concerning the Right of
Search. Sy an American.
When we doubted, we took the trick.— Zoadtrn Timts, Jan., 1849.
The right of maritime search, now in discussion between the
British and Araerican Governraents, is a grave question, practi
cally interesting to all nations, to whom the freedom of the seas is
dear ; if not in its application to the subject, which has been the
cause or the pretext of its assertion, at any rate, from the conse
quences to which its use or abuse may lead. Its connexion with
the African slaVe trade is but incidental, and the nature of this
traffic, which no where finds advocates, cannot affect the nature of
this question; nor the right of a state nor of a combination of states
to make an interpolation into the law of nations, which shall be
come a part of that great public code. Great Britain professes to
push this point, in order to destroy the yet existing relics of that
trade. We do not question her motives ; that is no part of our
purpose. But in all general discussions, we must take human na
ture, as it is, with the good and the bad blended together ; that
we may, without offence, fairly follow out the application of a prin
ciple, and seek its consequences to the parties. And we are at
liberty, without violating any of the courtesies of a liberal contro
versy, to assume, that neither can be indifferent to its bearing upon
their interest, whatever raotive of general benevolence raay have
led to the difference. Great Britain is eminently a maritime and
comraercial nation, and the history of her naval progress, during
the last century and a half, is pregnant with lessons for all people
interested in the freedom of the seas. She has marched steadily
on to her object. Naval superiority she has acquired, and naval
supremacy she seeks. We say this in a spirit of truth, not of of
fence. Huraan arabition is every where, in sorae form or other,
in ceaseless action ; and upon sea and land, the history of the past
is but the warning of the future; and nations will strive, as they
have striven, for power. It is impossible, that the intelligent gov
ernment and people of Great Britain should shut their eyes to the
effect of this claim of a right of search upon their interests, what
ever motives of philanthropy raay have led to its first suggestion.
To their flag it will give the virtual supreraacy of the seas. We
say virtual supremacy, because it would be found in practice, that
ninety nine tiraes out of a hundred, it would be her cruisers which
would search the vessels of other nations.
During twenty five years the British Governraent has urged the
Governraent of the United States to consent to this measure. The
application has been steadily repelled, and pertinaciously repeated.

LIFE OF GENERAL CASS. 105
In the mean time treaties have been formed, at various intervals,
between Great Britain and some other nations, establishing a mu
tual right of search, and regulating the principles upon which it
shall be exercised. Within a short time, five ofthe European pow
ers, two of which have few vessels upon the Ocean, and probably
not one on the coast of Africa, have reciprocally made themselves
parties to a similar convention. "Great Britain," says the London
journal. The Times, " has managed by great exertions to accora
plish this object." We do not judge, if the expression is rightly
chosen. It is certainly very significant. And now, this principle
of the right of search, in a tirae of profound peace, heretofore nev-
-er claimed as a question of right, and so solemnly decided by the
English admiralty judge. Lord Stowell, but sought as a conven
tional arrangeraent, for the first tirae, since the last general vvar in
Europe, and established by treaties with several powers, as a raat
ter to be regulated by themselves, is clairaed by Great Britain to
be a part ofthe law of nations, which she has both the right and
the will to carry into effect, as a sort of custos morum for all the
maritime powers ofthe world. "AU our government contends for,"
says the Times, " is the mere right to act as constables in board
ing suspicious ships, bearing the American flag." And who raade
England the great Prefet of police of the Ocean, searching' and
seizing at pleasure ? And the United States, who have so long
been asked to yield this point by convention, are now told, that
it is established without them, and in spite of thera; and the great
ministerial English journal. The Times, in a leading article of
its number of January Sth, 1842, after defending this interpolation
into the law of nations, says, that the European powers, parties to
the last treaty, will not brook to be thwarted by any ordinary rest-
iveness. It thus significantly concludes. " A single war with
Great Britain she (the United States) has already tried, a war, on
her part, with all Europe will be a novelty."
There is certainly no want of frankness here. While the spe
cial ambassador, lord Ashburton, goes out, with the professed ob
jects of peace and conciliation, we are told in effect by this lead
ing journal, that the United States have but one course to adopt,
in order to avoid a war with the European world, and that is, sub
mission to the demand of England. There are powers, parties to
the late treaty upon this subject, which we shall not believe will
make themselves parties to a war with the United States, until we
actually hear the sound of their guns. Does the Times speak
by permission, or by command, cr by neither ? Is this declaration
a prophecy, as well as threat ?
As to the suppression ofthe slave trade, it is a question, which
meets no opposition in the United States. The Araerican govern
ment, if not the first, was among the first to give the exaraple to
the world, of a legal prohibition of this traffic. As early as March
22d, 1794, they commenced their legislative measures for its re
pression, and in subsequent laws, passed 10th May, 1800, 28th

138 LIFE OF GENERAL OASS.
February, 1803, 2d March, 1S07, 20th April, 1818, and 3d March
1819, they extended and enforced the provisions and penalties up
on this subject, and rendered liable to heavy fines, and among other
punishments, to an imprisonraent of seven years, those, who should
be engaged in this nefarious pursuit. Their armed cruisers have
permanent instructions to examine all the American merchant ves
sels they meet, and which they have reason to suspect ; and their
tribunals enforce these repressive laws with as rauch promptitude
and impartiality, as those of France or England enforce similar
laws. That violations may occasionally occur, and thatthe Amer
ican flag may be soraetiraes abused, we feel no disposition to deny.
Not by the introduction of slaves into the United States, for that
traffic is unknown, and would be impossible. We may venture to
assert, that not a slave has been iraported into the United States
for thirty years. We would not be guilty of deception upon this
subject, and if there is a single exception to this statement, we have
never learned it. If American interests are connected with this
traffic, it is in the transportation of slaves to Brazil or to the Span
ish colonies. But even this is much rarer than is supposed, and
what has given occasion to the imputation of its frequent occur
rence is the fact, that the sharp Baltimore schooners, well known
for their speed, are often sold to the Spanish, and Portugese mer
chants, and are then fitted out for the slave trade. Every practi
cal sailor knows them at once, and, as they are American built,
they are supposed to be American property, when, in truth, their
national character is changed. But any candid, intelligent man
will at once see and acknowledge, that in a scandalous traffic like
this in huraan beings, condemned by the public opinion and by the
laws of the United States, and watched perpetually by one of their
squadrons upon the coast of Africa, revolting to humanity, afflict
ing to all Christians, and reprobated by the civilized world, the
pecuniary interests of a few degraded men, vvho covertly pursue it,
by associating their capital with the regular slave dealers of other
nations, would not weigh as the sraall dust of the balance with the
American government, in any consideration, connected with this
matter. This miserable motive has been hinted at, rather than dis
tinctly charged by sorae of the English journals. We shall not
descend to refute the charge. No adrainistration in the United
States, giving the least just ground for such an imputation, could
resist the public indignation. No, it is not African slavery the
United States wish to encourage. It is, as we shall see, by-and-
by, American slavery, the slavery of Araerican sailors, they seek to
prevent. But after all, a crusade of benevolence cannot be carried on
against any nation, because its laws are soraetiraes violated and its
flag abused. If its government connives at such measures, then,
indeed, it is justly liable to the reproach of Christendom. But
against the United States there is no pretence for such an imputa
tion, and the question now under discussion must be judged, inde-

LIFE OF GENERAL CASS. 139
pendently of these accidental evasions, which are common to all
nations and to all codes.
As to a right of search in time of peace, no one pretends it has
heretofore existed. The well known English adrairalty judge, Sir
William Scott, afterwards Lord Stowell, whose disposition to en
large, rather than to restrain the maritirae pretensions of England,
no one, who knows the course of his decisions, during the last
general war, will doubt, expressly decided, that such a right was
unknown to the law of nations. This decision, in the case of a
French vessel, seized upon the coast of Africa, absolutely puts down
all this pretension in the most authoritative raanner.
" No nation can exercise a right of visitation and search upon
the common and unappropriated parts of the ocean, except upon
the belligerent claim. No nation has the right to force their way,
for the liberation of Africa, by trampling upon the independence
of other states, on the pretence of an erainent good, by raeans that
are unlawful, or to press forward to a great principle, by breaking
through other great principles, which stand in their way."
But it may be asked, as the object, for which this raeasure is
now demanded, is just, why does not the American government as-
ent to the propositions, which have been raade. Is this reciprocal
power raore injurious or less honorable to the United States, than
to other nations, who have adraitted its obligation ? The question
is a fair one, and ought to be fairly raet. If this cannot be done
we shall not deny, that the motives of the United States may be
fairly suspected, and their conduct arraigned at the bar of Chris
tendom. In the first place, we would remark, that there is a natural in
disposition in the huraan raind to yield to applications, which are
accompanied with threats of the consequences. This sentiment is
common to nations, as well as tp individuals, and, in fact, forms
part of the dignity of human nature. English pertinacity in de
manding has been met by Araerican pertinacity in resisting ; and
now, when the United States are suraraoned to give their adhesion
to a new principle of public law, against which they have uniform
ly protested, since its first promulgation, and are told by Lord
Aberdeen, that the course of the English government is taken, and
that this claim will be enforced, with the taunt that, "It is for the
American governraent to determine, what may be due to a just
regard for their national dignity and national honor," no generous
people can fail to find in their present position that just resistance
to dictation, without which there can neither be self-respect at
home, nor honorable estimation abroad.
But, besides, where would end this doctrine of interpolation ?
Who can tell the extent, to which it may be pushed, or the purpo
ses, to which it may be applied ? It is by progressive steps, that
many a pretension, hostile to the best dictates of reason and hu
manity, has urged its way to recognition, and taken its place in
the code of maritime laws. Belligerent powers are always ready

140 LIFE OF GENERAL CASS.
to break down the feeble barriers, with which public opinion has
endeavored to protect the rights of peaceful traffic ; and in the
Times of the eighth ..instant, this process is described and de
fended with equal frankness and coolness. The lessons ofthe past
are lost upon him, who does not read in this avowal, the contera-
plated transforraations, which the great maritirae code is destined
to undergo. An act of violence of yesterday, so pronounced by
the Duke of Wellington and Lord Stowell, becomes the doctrine of
to-day, and to-morrow finds itself firraly established, to be defended
by jurists, enforced by cannon, and applied by courts of adrairalty.
" And the same kind of general proscription, since atterapted by
Napoleon against ourselves, has equally failed to gain adraittance
into the international code. In all this, history, justice and expe
diency have alternately triumphed, but each step has heen the result
ofa struggle, (the italics, here and elsewhere, are our own), such
as is now pending between ourselves and the United States. Law
has always had to work its oiun way." Significant words these,
and as true as they are significant. When force more and more
usurps the place of justice, law works its oivn way, and it goes on
bearing down befoie it the doctrines of jurists, the decisions of
judges and the rights of the world.
But apart from these general considerations, applicable to all
changes in the maritime code of nations, there are cogent reasons,
why the United States should refuse their assent to this measure,
some of which are common to them and to all other States, which
do not seek to exercise the police of the seas, or as the Times
says, to'be the constables o^ ihe ocean, and others, which are prop
er to them only, arising out of the peculiar relation, which a com
munity of language, manners and institutions, exerts between them
and England.
Looking to this right of search, as a measure affecting the com
merce of the ocean, it is arbitrary, vexatious, and not only liable,
but necessarily, liable to serious abuse.
It is arbitrary, because it constitutes a naval officer, whatever
raay be his rank, the judge to decide upon serious questions, and
upon grave interests. It permits a foreigner, under the pretence
of settling the national character ofa vessel, and the objects ofher
cruize, to indulge his antipathies or his love of gain, by seizing the
ship and cargo, and imprisoning the crew, and by sending them
to a distant port for exaraination ; and all this without any practi
cal redress against the wrong doer.
It is vexatious, because all, who know anything of the course of
boarding ships and boarding officers, under sirailar circumstances,
know, that the search is pursued with little regard to justice or
forbearance. There is power on one side, and weakness on the other
The American vessels, during the long period of lawless domina
tion, which the belligerent powers exercised over the high seas for
many years, at the close ofthe last century, and at the commence
ment of the present, were too often the victims of a sirailar search.

LIFE OF GENERAL CASS. 141
instigated frequently by cupidity, and conducted in the raost inju
rious and offensive manner, to leave any doubts respecting the
course, which would be taken, should this claim be recognized.
In this condemnation, we speak now of what is history. We stop
not to exaraine the value of the pretensions, by which these aggres
sions were sought to be justified ; that the antagonist party had cora
menced this work of violence ; nor the truth of the charges, thus
respectively preferred. And the vessels of France, of the United
States, and of the Hanse towns have already had a foretaste of
what vvill occur, when a few years more shall have consecrated the
present doctrine, as an acknowledged principle of international law.
The crews vvill be paraded and examined, perhaps by a young mid
shipman, and this offensive operation will be rendered more offen
sive, by that kind of insolence, which is every where the sure
accompaniment of unchecked responsibility. This tendency to
abuse cannot be better described, than it has been by the London
Sun and as its views, upon this question, are more authoritative
than ours, we shall quote them. It says, that arbitrary habits " are
engendered and raaintained in our naval officers by the mode em
ployed to procure men for the fleet, and those habits make them
treat foreign vessels in an arbitrary manner." So far as respects
the treatment of raerchant vessels, this is true to the letter: And
once establish this right of search, and the scenes of violence,
vvhich checquered the ocean for twenty years, will again be re
newed. The hatches will be broken open, the cargo overhauled,
property dilapidated, and raany articles will be taken, as they
have been taken, vvithout permission and without compensation.
This has often happened, and is an abuse, inseparable from such
proceedings. Prohibited and deplored, no doubt, by all honor
able officers of a boarding ship, but, where might makes right
easily effected, and not easily detected and punished. The an
nals of American voyages abound with similar incidents, which
occurred during those stormy periods. And the complaints were
not confined to the conduct of one ofthe belligerent powers, though
one from the nuraber of its cruizers, if for no other cause, was
rauch more injurious to the Araerican comraerce than the other.
We speak of all this, as an historian, but we speak of it, as an
historian, holding up the past, as a warning, and predicting, that
the future will bring with it the same consequences, if the sarae
causes are put in operation. The Journal, the Scotsman, is
perfectly correct in its appreciation of the Araerican feeling, when
it says, "We have little doubt, that the arrogant and indefensible
right of search, claimed by Great Britain in the last war, lies at
the bottom of the stubborn hostility ofthe Americans to the rea
sonable propositions of our governraent."
But again, this claim is liable to serious abuse, because, there
are strong temptations, both national and individual, to pervert the
professed objects of the search into others, which though not
avowed, are apparent ; and because the remedy is distant, expen
sive and doubtful.

142 LIFE OF GENERAL CASS.
The coramerce of Africa is already iraportant, and is becoming
more so every day. The very suppression of the trade in huraan
beings will tend obviously to turn industry and capital into other
branches of eraployment. England is now exploring the interior of
that great Continent, and with her accustoraed foresight is pushing
her intercourse with the native tribes, and preparing new raeans of
coramunication. Who can doubt, but that English cruizers, sta-
rioned upon that distant coast, with an unliraited right of search,
and discretionary authority to take possession of all vessels fre
quenting those seas, will seriously interrupt the trade of other na
tions, by sending in their vessels for' trial under very slight pre
tences, and in fact under no real pretence whatever. For we
must not loose sight of one of the most important elements in all
this controversy; which is, that the raere appearance of a raerchant
ship in those regions is ipso facto suspicious. This is the very
ground work of the English pretension ; the right, as her govern
ment now contends, to ascertain by actual examination the true
character of every vessel, found in " certain latitudes," which are
assumed to be suspicious ; as the quarantine regulations presup
pose many regions to be always pestiferous. Under these circura
stances, a boarding officer, stimulated by that reward, which a
successful capture always brings with it, and by a determination,
which may not be uncharitably charged to hira, of favoring the
trade ofhis own country, and of discouraging that of another, will
readily believe, or affect to believe, not that there is just ground
to suspect the destination of a vessel ; that, her very appearance
upon his cruising ground furnishes, agreeably to these new insti
tutes ; but that the redeeraing circurastances about her are not
sufficient to establish, that her cruise is a lawful one, or that she is
entitled to the national character, she clairas ; and that she must
be sent to a Court of Adrairalty, to one of those great
Maelstroms, which swallowed up so raany Araeriean ships, during
that period, when there vvas no right upon the ocean, but the
right offeree. The vexation and interruption of voyages, the re
sult of this system, are easily understood. A trade carried on un
der such unfavorable circurastances, cannot contend with the trade
ofa favored nation, who herself, exercises the police of the seas,
and who raay be harsh or lenient, as her prejudices or interest may
dictate. It raust be abandoned, as sorae of the Paris journals of
the eighth instant announce, tbat the French vessel the Sophie
has just changed her destination, rather than subject herself to the
vexations, which another French ship the Marabout had expe
rienced frora the English cruisers upon the coast of Brazil. As
to the indignity, to which this proceeding will expose the officers
and crews of merchant ships, that must be left to every nation to
appreciate for itself It is not probable, that the pretension will
be rendered less offensive by the mode of its execution.
But beyond all these objections, applicable in comraon to every
maritime nation, there is another, far more powerful in its opera
tion, and which, from the peculiar relation of language, manners

LIFE OE GENERAL CASS. 143
and institutions, that exist between the United States and Great
Britain, renders this measure, not only obnoxious, but to the last
degree unacceptable to the Araerican governraent and people.
We would not irapute unworthy motives to a great and intelligent
people, and Great Britain has done enough to coraraand for herself
her full share of the admiration of the world. But we must take
huraan nature as we find it, and the code of political ethics is a
loose system, where there is milch, both of good and evil. Amidst
many gradual meliorations in the constitution of England, she has
adhered with wonderful tenacity to certain pretensions, arising out
of feudal notions, and araong others, to one by which she clairas
that every person born under her governraent is forever a British
subject, and that if he is by condition a searaan, he is liable to be
taken, wherever he can be found, and forcibly compelled to serve
an unliraited period on board her vessels of war. This is not a
conscription which operates equally upon all, subjecting all to the
same chance, and requiring their services upon established condi
tions, and for fixed periods. However, so far as this is a raunicipal
regulation, other nations have no concern with its justice or policy,
except as a subject of general speculation. But unfortunately for
the duration of harraony between the United States and Great Brit
ain, this pretension is a subject of fearful iraportance. The Brit
ish governraent claims the right of impressing seamen on board
the merchant vessels, of the United States, and once, as is well
known, they exercised this right on board the Chesapeake frigate,
after an action in profound peace, when the Araerican ship was
compelled to yield to superior force. The conduct of the com
mander was however disavowed, but his zeal was rewarded by
promotion. It is now matter of history, that for many years, the British
armed ships boarded the Araerican vessels, wherever they found
thera upon the ocean, and seized their crevvs, incorporating them
with their own, and compelling them to fight the battles of a foreign
power ; first against France, and ultimately, after the coramence
ment of the war, to which these aggressions gave rise, to fight
against their own country. In theory, indeed, the British
government did not arrogate to itself the right to impress Ameri
can citizens, unless those citizens had been born British subjects.
In that case, the new character with which they were invested,
gave them no protection against this pretension. But in its prac
tical operation, this power was exercised with a general disregard
ofthe character of the American crews, the boarding officer being
the final judge, and the cruiser being almost always in want of
able seamen. A midshipman entered an American vessel with
absolute power, mustered the crew, declared that such and "such
persons were British subjects, seized thera, and transported them
to his own ship, to be released by death, or by a general peace.
Vain were the protestations of these unhappy victiras of lawless
aggression ; vain the opposition of the captain ; vain the proofs

244 l-lEE OF GENERAL CASS.
furnished by the papers. His Britanic raajesty's ships wanted
seamen, and seamen they took. During many years, a warm di
plomatic correspondence was cartied on between the two govern
raents, but the arguraent being exhausted, and the abuse continu
ed, an appeal was finally raade to arms.
The British government said, our seamen seek protection in the
United States, and enter into their marine, and thus escape from
the duties, they owe to their own country. We have a right to
their services, and we have also a right to take thera, wherever
we can find thera in raerchant ships on the high seas, having first
entered these ships for another purpose.
.,'To this, the American government answered, we deny the doc
trine of perpetual allegiance. Our country is open, and if foreign
ers come here, after a certain number of years, and corapliance
with certain established formalities, they may be invested with the
character of American citizens, and then it is our duty to protect
them. You adopt the same principle, and follow the same prac
tice ; you naturalize by special Acts of Pariiaraent ; you naturalize
all persons, who reside a certain nuraber of years in your colonies ;
and you naturalize all seamen, who have served a short terra in
your navy. At this moment, the Governors of some of your colo
nies are compelling emigrants frora the United States to bear arms
against us.
We have just turned to M'CuUoch's Dictionary of coraraerce to
ascertain how far the Araerican Government were borne out in their
assertion, respecting the naturalization of foreign seamen by the
British law, and there we find, page 1011, that among other means
of naturalization, a foreigner who has " served on board his Ma
jesty's ships of war, in tirae of war, for the space of three years, be
comes a British seaman. " But his Majesty may, by proclama
tion during war, declare that foreigners, who have served two years
in the royal navy during such war, shall be deemed as British
seamen." The act of Congress, respecting the eraployment of seamen in
the American service provides, that no person shall be eraployed
in the public or private vessels of the United States, who is not a
native born or naturalized citizen. Another act on the subject
of naturalization provides, that "no person can becorae a citizen
of the United States, who shall not, for the continual term of five
years next preceding his adraission, have resided within the Uni
ted States, without being at any tirae during the said five years,
out of the territory of the United States." In the one country a
foreigner can enter into the marine service, without the probation
of a moment ; and after serving three years, he hecorats ipso facto
a British seaman. Into the marine service of the other, no one
but a native can enter, till he shall have actually lived five years
in the country, without departing from it.
In the whole history of human inconsistencies, few chapters can
be found mofe striking than, this. But the United States were

LIFE OF GENERAL CASS. 145
anxious to avoid a vvar with Great Britain. They were willing to
concede much to avert this extremity. They exhausted the cata
logue of arguments and of offers. Thus speaks the President of
the United States in his message of June 1 Sth 1812, recommend
ing war, " this practice," that of impressraent, " is so far frora affect
ing British subjects alone, that under pretence of searching for
these, thousands of American citizens,'under the safeguard of pub
lic law, and of their natural flag, have been torn from their coun
try, and from everything dear to them, have been dragged on board
the ships of war of a foreign nation, and exposed, under the seve
rities of their discipline, to be exiled to the raost distant and dead
ly regions, to risk their lives in the battles of their oppressors, and
to be the melancholy instruments of taking away the lives of their
own brethren."
Against this crying enormity, which Great Britain would be so
prompt to avenge, if committed against herself, the United States
have in vain exhausted remonstrances and expostulations ; and
that no doubt might be wanting of their conciliatory disposition,
and no pretext left for a continuance of the practice, the British
government was formally assured of the readiness of the United
States to enter into an arrangement, such as could not be rejected,
if the recovery of British subjects were the real and sole object.
The communication passed without effect."
We return to the point maintained by the American govern
ment, in the correspondence to which we have referred. Inde
pendently, said they, of these obvious considerations (the same we
have already presented) there is another, which covers the whole
question. Your right, by your own confession, is not an absolute
one. It yields to our right of sovereignty. You do not claim to
come' upon our soil, and there to seize your sailors. Where do
you find the right to seize them in our ships, covered by our flag,
which is as exclusive of your jurisdiction, except in certain pres
cribed cases in tirae, as the territory of the United States ? If
you suffer your citizens to escape, and to corae under our sove
reignty, your claim to their services must yield to our superior
claim to national immunity. Like many other rights or preten
sions in society, if this cannot be exercised, without violating the
privileges of another party, it must be abandoned.
The British jurists of that day, who administered, and often
made the maritime law, were endowed with sufficient subtlety to
discover new principles to suit new circumstances, and her states
men had sufficient firmness to adopt and maintain them. But we
doubt, if in the whole progress of that warfare, between orders in
council and imperial decrees, which so long vexed neutral com
merce, and outraged the common sense of mankind, a bolder inva
sion was made into the regions of maritime metaphysics, than ia
the promulgation of that doctrine, which was to reconcile the ex
ercise of this right of irapressment, with those principles of public
law, that had been too long and too clearly established to be direct-
10

146 LIFE OF GENERAL CASS.
ly controverted. Who vvas the discoverer of this, then terra in
cognita we know not ; but its revelation vvas announced by great
authority and frora a high place. It is to be found in a declara
tion of the Prince Regent of Great Britain, dated July 9th 1813,
made in answer to the manifesto of the American governraent, re
capitulating the causes, which had driven the United States to war.
And it is there gravely raaintained that " His Royal Highness can
never adrait, that in the exercise of the undoubted and hitherto un
disputed right of searching neutral merchant vessels in tirae of
war (alluding to the ordinary right of search, recognized by the
law of nations) the impressment of British seamen, when found
therein, can be deemed any violation of a neutral flag. Neither
can he (the Prince Regent) admit, that the taking such seamen
frora on board such vessels can be considered by any neutral state,
as a hostile measure, or a justifiable cause of vvar."
And thus speaks the executive of England. The right to enter
an American ship for the purpose of irapressraent is clearly dis
claimed ; but having entered for a lawful purpose, then the board
ing officer has the right to take any British subjects he may find ;
that is to say, to seize every American sailor, and place him upon
the deck of a British cruiser. We shall not go back to the histo
ry of the monstrous abuses, to which this pretension gave birth,
and vvhich drove the United States to war. They would have be
come a by-word araong nations, had they tamely subraitted to see
their seamen dragged into this worst of slavery. But it is well,
with regard to the future, to investigate the claims of the past. A
seaman, on board an Araerican ship, is protected by his national
flag. No British officer can enter, for the purpose of tearing him
frora this natural asylura. But having entered for one object, he
may execute another. Certain belligerent rights are given to him,
and he may board all vessels upon the great highway of nations,
in order to enforce thera. And having done, or affected to do this,
he may then, turn round, and pervert his right of entry to a totally
different object. He may violate the sovereignty of the neutral
power, by giving effect, not to the code of international law, but
to the mere municipal regulations of his own country ; and under,
the most arbitrary and offensive circurastances. No, all this is
but the sophistry of power, determined to attain its object, and
seeking to justify itself. There is no such right of conversion.
No just claira to deraand one thing, and to do another. The whole
pretension shocks the common sense of the world.
Argument would be lost in its refutation. The analogy of the
English law would lead the British government to a far different
conclusion. In England, if a person has a right of entry for one
purpose, and perverts it to another, he renders himself a trespasser
ab initio. He finds convertible justification, by which his real
object may be attained, while he covers himself with a professed
one. According to this right of conversion, when the British forces

LIFE OF GENERAL CASS. 147
entered the state of Nevv York to bum the Caroline, having got
within the American territory, for what they contended to be a
lawful purpose, they might have then violated the national sove
reignty, and seized all the persons they found, who had been born
British subjects, and transported theni into Canada. And why
not have seized their American debtors, if they had any, or done
any other act, which they might lavvfully do at home, as they claim
to enforce their municipal laws upon the vessels of the United
States. This claim can only be supported upon the ground, that,
these laws ride over those of the United States, wherever British
power plants itself; even for the shortest period and for whatever
purpose. But another high authority, the Times, has recently laid down
the same doctrine, raore distinctly indeed, and quite ex cathedra,
showing how rapidly these raaritirae pretensions gather strength
from time and use. We cannot, at this moraent, refer to the nura
ber which contains this dictum, but it must have been that of the
sixth or seventh of January, and will be found in Galignani's Mes
senger of the tenth of January, extracted frora the London Journal.
After laying down the right of search for enemy's property and
articles contraband of war, the Tiines continues, " It is also, we be
lieve, confessed, that if in the course of search, we find the goods
and persons of our eneraies, such goods and persons raay be raade
lawful prizes and prisoners ; the law, however, being punctillious
enough to require in the forraer instance, that the captors shall
pay freight to the neutral carriers, of whose cargo they possess
themselves. Now, during our wars with France, we exercised this
uncontested and incontestible right against America and all the
rest of the world, with this very unnatural corollary, (!) that as we
might take the persons of the king's enemies (a right given by the
law of nations) we might take the persons of the king's subjects,
who had deserted their duty (raeaning thereby, all speaking the
Enorlish language) and were serving in foreign ships, (a right, to
tally unknown to, and unrecognised by the law of nations.) We
shall continue our quotations from the Times, because nothing, we
could say, would more forcibly describe the intolerable abuses of
this pretension, and because, from the position and character of
that journal, we have the best assurance, that those abuses are not
exaggerated. " In the practical enforcement, however, of this right or wrong,
for on that point it is not now necessary to pronounce, the search
ing party being, from the nature of the case, the strongest, and
moreover, ordinarily sjieaking, persons of summary habits, were
apt to be somewhat arbitrary in their judgraents of wjjo was Ara
erican and who was English ; ' when they doubted they took the
trick,' at least, so thought and said the Americans, and any one
may remember, that, once taken and lodged in an English man of
war, by right or by wrong, it was not a very easy matter to get out
of it ; and accordingly the American had to stay, with just as good

148 LIFE OP GENERAL CASS.
a chance of being cut off by a French cannon ball, before he could
get his right again, as any of his English fellow sailors." We par
don the frivolty of manner, with which this grave subject is treated,
in consideration of the frankness of the journal, in the open avowal
of a principle vvhich cannot fail to excite general reprobation, now
the unnatural excitement of war has passed away.
A nation, which should tamely submit to such pretensions, would
merit, as it would surely receive, the contumely of the world.
The Times adds, "that this dispute (of impressment) now sleeps,
though it wiU have to be revived, at latest, on the next occasion,
when we find ourselves invested by a war with the right, of which
it is the consequence ; and indeed, it might be raised on the contem
plated treaty, giving a mutual right of search for the prevention
of the slave trade, unless provided for, as it easily might and prob
ably would be by special articles."
But here is the true key to much of the reluctance of the Am
erican governraent to becorae a party to an arrangement, which
shall add to the category of the right of search ; whether it is
likewise the key to the pertinacity, with which the British govern
ment presses this matter, we do not presume to judge. Until now,
the right of search has been a belligerent right, belonging only to
a state of war * * * Here is the first formal claim to exer
cise it in time of peace. Irapressraent, is a raunicipal right, de
pending, say the English jurists, upon the rautual relation of alle
giance and protection, and the duties which these reciprocally cre
ate. Ordinarily, it is exercised in tirae of war, only, but the gov
ernment might authorise its exercise at all tiraes, as the conscrip
tion is operative, as well in peace as war ; and surely, raany cases
may occur, where its exercise might be necessary to raan a. fleet,
before hostilities were actually declared, but while they were con
sidered impending. Under such circurastances, this new right of
search, bringing a British boarding officer legally on board an Am
erican ship, for a defined object, would enable him very conven
iently, after satisfying himself she neither sought nor contained
slaves, to seize her crew and reduce them to a worse than African
bondage; because, to all their other miseries might be added, the
obligation to fight against the flag of their own country.
"rhe Scotsman is not less frank than the Times ; " the
object of the one." says the former journal, alluding to the right of
search as heretofore practiced, " was to discover British sailors iu
Araerican vessels, and practically gave our naval officers a power
to irapress seamen from the ships of another state."
So, having already raaintained, under various vicissitudes, the
right to seize Araerican sailors, in time of war, as a consequence
of her belligerent right of search, if the present pretension is
established, Great Britain can then seize them in time of peace, as
a consequence of her pacific right of search, called visitation, and
thus the marine of the United States will be an inexhaustible foun
tain, whence in peace and war, she can seek her force.

LIFE OF GENERAL CASS. • 149
But it may be said, and indeed the suggestion as we have seen,
is in the Times, that it is in the power of the Araerican govern
ment to frame a convention, vvhich shall exclude this process of
impressment, and therefore fear of its occurrence ought not to
prevent the adoption of this check to an odious traffic. To this
suggestion the answer is easy. The United States can enter into
no stipulation, which can be tortured into a recognition of this
doctrine of impressraent. They cannot provide for its restriction
nor regulation. They can only accept a general declaration from
the British government, that their flag shall protect their seamen,
at all times and under all circumstances ; and there is little rea
son to hope, that the counsels of justice will so far prevail over
those of interest, as to lead to such a measure.
Were it however adopted by the British government, as the reg
ulation of its future conduct, it would be hailed in the United
States as the harbinger of a brighter day ; as the cause and the
precursor of an indefinite peace, between two nations, having so
many reasons for union and so few for separation.
In such an event, there would be little hazard in predicting,
that a satisfactory arrangement might soon be made, by which the
fullest co-operation of the United States would be obtained to
wards the suppression of the slave trade. The great difficulty
being removed, a rautual spirit of conciliation would soon do the
rest. But till then, the United States cannot, in any arrange
ment giving reciprocally the right of search, with a professed view
to the extinction of the slave trade, admit a stipulation, that the
doctrine of constructive entrance should not apply and that their
seamen should be safe from seizure. Such a stipulation would
soon he construed into an adraission of this claira, under other
circumstances, and to this, the American government and people
will never subrait. With thera, it is a question of life and death.
They went to war to oppose it, thirty years ago, when compara
tively young and weak. And now, after having advanced in all
the elements of power with a rapidity unknown in huraan history,
they will not be wanting to their duties and honor in the day of
trial. An American, at home or in Europe, may safely predict,
that the first man impressed from a ship of his country, and de
tained, with an avowal of the right by order of the British govern
ment, will be the signal of war. A war too, which will be long,
bitter and accompanied, it may be, with many vicissitudes. For
no citizen of the United States can shut his eyes to the power of
Great Britain, nor to the gallantry of her fleets and armies. But
twice the Republic has come out honorably from a sirailar contest,
and with a just cause she would again hope for success. At any
rate, she would try.
In the preceding discission, we have spoken generally of the
right of search, without being led aside by any distinction, found
ed upon the purposes, real or avowed, of those who exercise it.
We have done so, because so far as regards the raost obnoxious

150 LIFE OF GENERAL CASS.
consequences to the United States, the liability of their seamen to
impressnient, it is obvious, and so indeed says the Times, that the
exercise of this pretension, though not forraing a just cause of
entry, yet being its necessary result, it is perfectly immaterial, in
its practical operation, whether the Naval Judge, " clothed with a
little brief authority " but deciding sumraarily upon human liber
ty, boards the peaceful trader to ascertain her national character,
or to enquire into the objects of her voyage. But besides this
fundamental objection, it is evident, that no vessel can be liable
to examination without some hinderance. That in all such cases,
there may be gross abuses, and that in raany, these abuses will
occur. The boarding officer will judge if her papers are regular
or if they are siraulated ; and if the accidents of the voyage and
nature and appearance of the cargo and equipment confirm these
papers or render them suspicious. Here is latitude enough for
arbitrary vexation, and for interruptions, which raay drive an oth
erwise profitable coraraerce into less troubled channels. A nd these
considerations are abundantly powerful to justify the United
States in refusing their consent, both to^ the conventional arrange
ment proposed for the right of search, to ascertain the objects of
the voyage, and to the new doctrine, novV first promulgated, of a
right of search to ascertain, if the proofs of the vessel's nationali
ty are sufficient to justify her title to the flag she bears.
We cannot better describe the little difference, in its practical
operation, which would be found between the right of search to
ascertain the true character of a vessel, and the right of search to
ascertain the object of her voyage, than we find it done to our
hands in the London Sun. One may be called a search and the
other a visit, but both will be found equally vexatious visitations.
The passage of the Sun is striking, and we shall quote it :
"The Americans may very properly object to our right of search,
and may still have a great inclination to suppress the slave trade;
but of the two evils, we have no doubt, but the Araericans would
prefer the eternal existence of the slave trade, to allowing their
ships to be overhauled by our men of war. If they sanction the
exaraination, for the raere purpose of ascertaining, if a vessel
bearing the American flag is bona fide an American vessel, they
sanction a rigid examination of the vessel herself The papers
may be siraulated. How is that to be proved? By exaraining the
crew ; by ascertaining, that the cargo of the vessel corresponds
to the raanifest.; by tracing her route in the log book ; in short
by subjecting her to a eoraplete search. If that be not done, pa
pers vvill be at once produced, to correspond to the flag, and raere
ly to prove that they do correspond, will be of no use whatever.
The Araericans are well aware of the insults and injuries they
would subject themselves to, by admitting this claim to visit their
ships, and the Morning Chronicle does them egregious injustice,
when it represents their resistance to that claim as grounded inun-
righteousness."

LIFE OF GENERAL CASS. 151
The correspondence, with the British Secretaries of State for
Foreign Affairs, just published by the American government, coraes
marvellously in support of the remarks of the (Sun, though received
since those remarks were written. It gives to thera alraost the
character of prophecy. The search of five American vessels is
complained of by the American minister, the Douglass, the lago,
the Hero, the Mary and the Susan. And in four of these cases,
serious complaints are also made, that the crews were treated with
indignity, and the cargoes overhauled and injured, and various ar
ticles taken away. As Lord Palmerston in his answer to Mr. Ste
venson gives a summary of the complaints of that gentleman, in
the case of one of these vessels, we shall quote the passage, as an
illustration of the practical effects of this new claim, not having,
unfortunately, Mr. Stevenson's letter on this subject, within reach.
And we erabrace with pleasure this opportunity of tendering our
thanks to that able American Representative for the spirit, ability
and dignity with which he maintained the rights of his country,
during the arduous correspondence he carried on with Lord Pal
merston and Lord Aberdeen. But to the sumraary. " In these
two comraunications from Mr. Stevenson," says Lord Palmerston,
" it is stated, that on the 21st of October 1839, Lieut. Seagram
boarded the Douglass, while she was pursuing her voyage, on the
coast of Africa, examined the ship's papers, and the passengers'
passports, broke open the hatches, hauled down the Araerican flag,
and seized the vessel as a slaver; that he kept possesssion of her
during eightdays; namely, from the 21st of October, to the 29th of
the same month; thatthe officers and men of the DoMg-kss be
came ill frora exposure to the sun, and that in consequence, three
of them died, and the Captain is yet in ill health." It appears by
another letter from Lord Palmerston, that the boarding crew was
charged with consuming the stores and provisions ofthe Douglass.
And in a third letter from Lord Palmerston, which relates to
the Mary, the character of the occurrences on board, raay be
judged by this remark, " proceedings which, in Mr. Stevenson's
opinion, seera to want nothing to give thera the character of a
most flagrant and daring outrage, and very little, if anything, to
sink them into an act of open and direct piracy."
Lord Palmerston then proceeds to justify or deny all these char
ges, and there they sleep the sleep of death.
As to the ill treatment of the crews, and the free use of the pro
visions and stores of the vessels, and frequently the subtraction of
more valuable articles (in one of these cases' money, a chronom
eter and a watch are said to have disappeared) all this is but an
old story in the history of vessels, boarding and boarded as we
have already had occasion to observe. How indeed can it be oth
erwise in the constitution of human nature, and in the position of
the parties? There is no check for the present, no responsibility
for the future. The mpst rigorous discipline and the best dispo
sition could not prevent abuse, where a^arty of sailors enter the

152 LIFE OF GENERAL CASS.
vessel of another nation, in fact as raasters ; parade the crew, ex
amine the papers, break up the hatches, overhaul the cargo, and
feel themselve at free quarters, alraost in an enemy's country.
And when the disposition of the officers is bad, and the discipline
lax, all these evils are fearfully augmented. In the catalogue of
naval wrongs, endured by the United States, during the long pe
riod of belligerent opression, to which we have referred, the inju
ries and abuses inflicted by boarding vessels figure in the first rank.
What will they be hereafter, when this doctrine of universal search,
under the guise of an inquiry into the nationality of vessels, be
comes consecrated by tirae and usage, and is exercised, as well in
peace as in war?
But after all, what is this distinction, which Lord Palraerston
and Lord Aberdeen have discovered, and which is to give to Brit
ish pfficers the right, in a tirae of profound peace, to enter and
search Araerican ships ? We are distinctly told by both these
statesmen, in their correspondence with the Araerican minister,
that they do not assert this claim of search, with a view to ascer
tain the objects of a voyage, and to ^eize the vessel, if found en
gaged' in the slave trade. Both adrait in terms, that her American
character being once established, her cargo, whether men or mer
chandize, is beyond the reach of the armed cruiser ; and that she
must be perraitted to prosecute her voyage, however nefarious its
object raay be.
But both equally contend, that the flag at the mast head, or the
piece of bunting, as Lord Palmerston rather contemptuously styles
this erablem of sovereignty, furnishes no evidence of national
character, and shall furnish no protection against the entrance ot
British force. That they have a right to board all vessels upon
the ocean, examine their papers, and satisfy theraselves respecting
their nationality. Lord Aberdeen, indeed, consoles the govern
ment of the United States by the assurance, that their vessels are
not entered as their vessels. "Nor is it as Araerican, that such
vessels are ever visited." Poor consolation this, if Tom is
knocked down in the streets, it is little comfort to him to be told, 1
did not knock you down as Tom, I knocked you down as Jack.
The answer to all such pretensions is very siraple, and cannot
have escaped the sagacity of the British statesraen who have re
sorted to this strange process of justification. You commit the
act at your own hazard. If you enter a ship or knock down a
man, believing the ship or man is not what appearances indicate,
and your suspicions being correct, if the law, international in one
case, national in the other, gives you the right to use this violence,
then you may avow the act, and justify it. But if you err in these
, premises, you are responsible for the consequences.
The raunicipal law of every country is filled with illustrations
of this principle. It is comraon sense, applied to the aflairs of
men in their social relations, as raerabers of an organized commu
nity. Applied to the afllirs of nations, in their commercial inter-

LIFE OP GENERAL CASS. 153
course with one another, upon the ocean, it is the sarae common
sense, then called public law. If a father or master meet his son
or servant, he has a right to examine him, to ascertain if he is vio
lating his orders. This we may call the visitation of persons.
The right cannot be denied. Now, the son or servant may dis
guise himself, and assume the appearance and dress of the son or
servant of a neighbor, it may be his livery. But does this possi
bility of abuse give'to the superior the right to stop in the streets
all persons he may choose to suspect, with or without cause, to be
his son or servant? and not even violating the law ofthe country,
but his own domestic law ! Certainly not. If he exaraine forci
bly, he does so at his peril. Borne out by the result, he is but in
the exercise of his right. Deceived, he is a trespasser and respon
sible for his conduct.
We consider it unnecessary to pursue these illustrations farther.
It would be but a work of supererogation.
What then is the process, by which this new principle is attemp
ted to be justified and maintained? Lord Palmerston thus lays
down the doctrine, which is henceforth to become a part of the
great maritime law. The United States flag or bunting, as his
lordship calls it, shall exempt no vessel (whether American or not)
from search, except "when that vessel is provided with papers, en
titling her to wear that flag, and proving her to be United States
property, and navigated according to law." And with a view to
ascertain if she is entitled to the flag she bears, and if she is sail
ing according to law, a right of entry is claimed for every British
cruiser into every Araerican vessel, wherever they may meet. And
this right of entry is called not a search, but a visit.
Lord Palmerston, it will be remarked, lays down as a part of the
principle, that the vessel must be sailing according to law, that
is, for a purpose not prohibited by law, and Lord Aberdeen, who
shows more regard tor bunting than Lord Palmerston, concedes,
that, "doubtless the flag is ^rma/cicia evidence of the nationality
of the vessel." A strange designation this, by the by, for a na
tional pavillion, and we had alraost said a profane one, to be appli
ed by an English statesraan, the minister of a country whose me
teor flag is associated with so many glorious recollections, and
apostrophised in so much glorious poetry And after all, this em
blem of sovereignty and accompanihient of victory is but a piece
of hunting ! Alas ! for the prestige of great naraes, when redu
ced to this matter of fact standard !
It will not be denied, that this is the first solemn occasion, upon
which this pretension has been -put forth to the world. No ele
mentary writer has advanced it ; no jurist has asserted it ; no judge
has ruled it. The universal exeraption of all vessels in tirae of
peace, frora "search or visitation," the very words, as we have seen
of Lord Stowell, has heretofore been an uncontested and incontes
table principle of the law of nations ; and he added the authority
of his decision to the opinions of his predecessors, the commenta-

154 LIFE OF GENERAL CASS.
tors upon the great code of maritime law. When therefore the
two British statesmen, who have assuraed, or upon whom has fallen,
the task of interpolating this new principle into that code, or as the
Times would express it, who are working the way for the new law,
undertake to justify this pretension, by argument, preparatory to
its being maintained by force, we may fairly call upon them to es
tablish their position by undeniable proofs, or by the clearest illus
trations. The burthen of discussion is cast, upon them ; while
the nations of the earth, at the same tirae judges and parties, are
watching the progress of the controversy, anxious, it raay be, to
see, if this new step, as the Times may well terra it, is to be
attended with a new struggle, and if both are to be gained, as so
many have been gained before them.
In carefully analyzing the correspondence, the arguments in
support of this claim may be briefly summed up in these. With
out it, flags may be soraetiraes abused. Without it, English crui
sers raay soraetiraes be prevented from boarding their own vessels,
and thus the municipal laws of England raay be violated. With
out it, the treaty stipulations for the suppression of the slave trade
cannot be so well executed, as with it. And the traditions ofthe
British navy, and Lord Aberdeen believes, of other navies, are in
favor of its assertion. This is a brief suramary of the defence of
this raeasure.
As to vvhat raay be terraed the quarter deck law, we shall dismiss
it with a very cursory examination. Mr. Stevenson calls in ques
tion the exactitude of the fact, at any rate to the extent, to which
it must reach, in order to support such a claim as this. That ves
sels may have been overhauled and entered in time of peace, under
peculiar circumstances, we do not doubt. But it is evident, that
this practice has never prevailed in any considerable degree, raost
certainly not sufficiently so, to render it authoritative, as otherwise
it would have given rise to exaraination and consideration araong
the eleraentary writers, and to discussion araong the governments,
which, from time to time, must have been affected by it. No trace
of this appears, and the conclusion is inevitable, that its use has
never been established, nor its abuse sufficiently prevalent nor se
rious, to render it the subject of diplomatic intervention. If Great
Britain had, as she has not, in the exercise of her naval strength,
pushed this usage beyond the point, we have indicated, certainly it
would be with a bad grace, she could claim, that her own violence
should be written down in the law of nations, and constitute the
rule for their future government. We go farther ; vessels will no
doubt be hereafter spoken and entered, and no one will complain,
because no indignity will be intended, nor will any injury be done.
Strictly speaking, a trespass may be comraitted, but the matter
will pass off, without exciting the least sensation, either among the
parties or their governraents. How different this is, from a claim
to enter and search all ships, at all times, and in all places, we
leave to the comraon sense of mankind to judge. We say in all

LIFE OF GENERAL CASS. 155
places, because, though one-half only of the Atlantic ocean is ta
booed (as the South sea islanders express it) at the present moment,
yet the same power, which has laid this interdict upon a part of
one of the mightiest works of God, may extend it, as soon as its
interests dictate, frora pole to pole, and from east to west. If that
is not already done, it is not, that the principle is not sufficiently
elastic to cover such a space, but only that the time of harvest has
not yet ceme. We ate aware of our offence against the canons of
criticism in the metaphor, but we raay be pardoned the trespass,
in consequence of the force of the illustration. With respect to
the abuse, to which this claim of immunity, made by the United
States for their vessels, may be liable, it is not difficult to show
how greatly it has been exaggerated. This seeras to be the favor
ite argument of Lord Palmerston, and is repeated, under a some
what different view, by Lord Aberdeen. Both these statesraen ap
pear to think, that the United States claim a perfect immunity for
all vessels, bearing their flag, and as an illustration of the absurdity
of such a pretension. Lord Aberdeen asks Mr. Stevenson, if he
supposes the government of Great Britain would permit " British
vessels and British capital to carry on, before the eyes of British
officers, this detestable traffic, etc., by hoisting the American flag."
This conclusion is no corrollary frora the premises laid down by
the United States. They advance no such pretension. It is the
immunity of their ovvn bona fide vessels, they seek to secure.
They do not deny to the cruisers of all the powers of the earth,
the right to enter and search each the vessels of their own coun
try, and of every other country, which raay concede the privilege ;
though the flag of the United States raay fly at all their mast heads.
But they do deny the right of any such cruiser to search their ves
sels, and here lies the root of the whole raatter. Certainly, if a
British or French frigate encounters a vessel at sea, which is most
assuredly a British or a French vessel, endeavoring to conceal her
nationality, under the American flag, such frigate is justified in
boarding her, and in disposing of her, as the laws of her country
may provide. But this is done at the risk of the boarding ship.
If the result proves, that the suspicion was well founded, then the
commanding officer will be scathless. He will have done his duty
to his own government, and no injury to another. But if he has
suffered himself to be deceived, then he has violated the rights of
a foreign power, and his sovereign must be responsible for the con
sequences. He may still have done his duty to his own govern
ment. That will depend upon the strength of the evidence, upon
which he acted. But he has committed an injury against another,
and for that injury, atonement may be demanded. But here we
come to the practical operation of these general principles, and it
is that JDranch of the subject alone, which is worthy serious consi
deration. The two British statesmen atterapt to support their position by
pushing principles to their extremes. This may do in the schools,

156 LIFE OF GENERAL CASS.
but its place is not in active life, and least of all in the affairs of
nations. A British officer meets a vessel bearing an American
flag, but which he has the strongest reasons to suspect to be Brit
ish, and engaged in the slave trade. He boards her, conducts him
self with perfect propriety, ascertains his error, and retires, with
out committing any injury. He is a trespasser, but no govern
ment would ever think of complaining in such a case. A perpe
tual right to stop, to search, and to seize, is one thing. A casual
act of trespass, conceded to be such, excused by peculiar circum
stances, and iraraediately acknowledged and atoned for, is another.
The latter raay be pardoned. The forraer is intolerable. The
coraraander of the boarding vessel is precisely in the condition of
a sheriff's officer, who with a writ against A. arrests B. Now on
a trial in an action of trespass, which B. might institute for this
assault and battery, vvhat would be the measure of damages, which
an intelligent jury would apply to the case ? They would adopt
precisely the sarae rule, we have already laid down, in the case of
the coraraander. If the officer had strong reasons to mistake the
identity of B., and to suppose he was A., and if he had conduc
ted hiraself vvith perfect propriety, and had really comraitted no
injury, he would be disraissed with norainal damages. Damages,
which, while they asserted the great principle of liberty, would yet
be perfectly valueless in their araount, leaving the ill-advised com
plainant to pay the costs. Such is the illustration of our maritirae
subject. In this raanner the principle is saved, and flagrant abu
ses prevented. And why the naked principle is incalculably valu
able to the United States, is obvious. Upon it turns the claim of
impressment. The exercise of that claim, as we have seen, is the
consequence of a legal right of entry. So long as this entry is il
legal, so long the American seamen are, by British confession, safe
from British power. We may illustrate this principle still farther,
and it is well to do so, because Lord Aberdeen pushes the immu
nity, even to the protection of piracy ; and some of the English
journals have expressed a very patriotic fear of that result. Let
us examine this matter. The cruiser of a civilized power approa
ches a region, where a pirate is known to have receintly been com
mitting depredations. His appearance is described, and he is anx
iously watched. A vessel with the flag of the United States heaves
in sight, and she bears a great resemblance to the corsair. She
is entered, and the mistake is discovered. The act would be par
doned ; aud especially, as the crirae is proscribed by the law of
nations ; a law which all powers should support and enforce ; and
it would not be difficult to suppose a case, where the public ship
of a nation raight be attacked, and under such strong presuraption
of her being a pirate, as to excuse, though not to justify, the ag
gression. When piracy was prevalent in the West Indies, sorae
years since, the smaller vessels of the American squadron,employed
in its suppression, were often disguised to deceive the pirates. If
ona of them had been mistaken by a French or British frigate for

LIFE OF GENERAL CASS. 157
a piratical cruiser, she would have been attacked ; but the matter
would have been amicably arranged, as was thp controversy, re
specting the action between the American frigate the President
and the British sloop of war the Little Belt, which occurred in
profound peace, but was the result of mutual misunderstanding.
Now, Lord Palmerston and Lord Aberdeen do not claira the right,
intirae of peace, under any circurastances, to search a vessel of war,
in order to ascertain her nationality. Here the bunting rides invi
olate. But does it follow, that because a pirate hoists the flag of a
Christian power, and assumes the appearance of one of her arra
ed ships, he is therefore beyond the reach of his pursuers ? Or that
all the French vessels of war upon the ocean raay be searched by
a British ship, because the latter chooses to suspect they are pi
rates ? Such pretensions would be absurd. The public vessel is
inviolable in principle, by universal consent, as the private vessel
was, till this pretension arose. The immunity of the one has not
prevented the suppression of piracy, nor would the iraraunity of
the other prevent the suppression of the slave trade. Neither
ought to be forcibly entered by a foreign power ; but if their guise
is assumed, and in sucha manner, as to deceive the honest cruiser,
circumstances might occur to justify him in attacking the one, and
in entering the other.
But pursuing the analogy, and pushing the principle, as Lord Pal
merston pushes it, it is evident, that if the possible abuse of their
flag, for the purpose, among other things, of carrying on the slave
trade, is a proof that the merchant vessels of the United States
may be stopped and searched ; then their armed ships may be also
stopped and searched, or every corsair vvho raay in like raanner
hoist their flag, raay roam the ocean untouched. We leave the di
lemma, where the argument originated. With our views, there is
no. difficulty. These, we have sufficiently explained.
Piracy has been put down, without any violation of the freedom
of the seas, or of the independence of nations. The slave trade
may be put down also, with the same sacred regard to those great
principles. If occasional trespasses are comraitted, in attaining
the one object or the other, let these be judged, as they arise.
Suflicient unto the day is the evil thereof. Let violence not be en
couraged and shielded in advance, and one of the best works of
man, the code of opinion, by which the strong is restrained, and
the weak protected upon the ocean, be broken up, and its frag
ments scattered to the wind.
We come now to the consideration of this principle, as the Brit
ish statesmen lay it down, and raore particularly in its application
to the slave trade. We have seen, that Lord Palraerston, whp cer
tainly expresses hiraself less guardedly than Lord Aberdeen, quali
fies his general postujatum, concerning the search of the vessels of
the United States, by this limitation, that there must be circum
stances justifying the suspicion, that they are not American pro
perty, and that their voyages are illegal. Lord Aberdeen goes

138 LIFE OP GENERAL CASS.
farther. He claims no right of search, " except under the most
grave suspicions and well founded doubts of the genuineness of
its (the vessel's) character." And he too, requires, that the ob
ject of the vessel should be "illegal."
The most grave suspicions and well founded doubts of what.
Lord Aberdeen ? Of violating your municipal laws? If that pro
position is meant and can be maintained, then England is much
nearer universal domination upon the ocean, than the most jealous
observer of her maritirae "¦steps" has ventured even to insinuate.
She has only, by statutory provision, to declare, as she already de
clares in principle, that the eraployraent of her native born sub
jects, in the American marine, military or commercial, is illegal ;
and she can then enter the ships of the United States, and seize
their crews, without resorting to the sophism, (we speak as a logi
cian, not offensively,) which actually casts an air of ridicule, upon
this grave question, and by which the true object is attained, under
a pretended one.
She has only to declare piratical the transportation of the mer
chandise pf France, as she has declared piratical the slave trade,
and then every French ship sailing the ocean, and every other one
indeed, may be stopped and searched, to ascertain, if they carry
the wines of Bordeaux, the silks of Lyons, or the rich and elegant
manufactured articles of Paris. From such a search, to seizure
and conderanation is but another siep ; and the tri-colored bunting
of France, and the striped bunting of the American Union, might
disappear from the face of the seas.
Let no man say, that such things will not happen. Upon this
subject we can no more assert what is probable, than we can pre
dict what will happen. No step in this onward progress can be
more irreconcileable with coramon right and comraon sense, than
was the paper blockade of half Europe, without even the pretence
that this interdict was supported by an arraed vessel, if it were but
a gun-boat, to watch one hundredth part of the coast, thus pronoun
ced to be herraetically closed.
But what constitutes this illegality, we are no where distinctly
told. Indeed, the whole reasoning of Lord Aberdeen, upon this
branch of the subject, is marked with a confusion, certainly not
the characteristic of that accoraplished statesman, but the result of
the position, he felt it his duty to take. He says in one part of his
dispatch, "that the present happy concurrence of the States of
Christendom (Q,u. some of the states of Europe ?) in this great ob
ject, not merely justifies, but renders indispensable the right now
claimed and exercised by the British governraent." This, it will
be observed, was written before the conclusion of the late treaty,
between five of the European powers, upon this subject, and there
fore has relation only to the previous isolated treaties ; though that
circurastance in our view, whatever it may do in that of Lord Aber
deen, changes nothing in the rights of the parties to this contro
versy. That all the powers of Christendom have not conceded

LIPE OF GENERAL CASS. 159
this right of search, will not be disputed ; for we suppose the Uni
ted States may fairly claira to belong to that great brotherhood of
nations. Is it possible Lord Aberdeen means all his words clearly
express ? Will he openly assume the principle, that the concur
rence of some of the powers of Europe, great or small, in a mea
sure, even when avowedly and specifically confined to themselves,
imraediately and ipso facto, changes the law of nations, and sancti
fies the principles of the new measure? If sorae future Napoleon
should arise, and by a general continental convention, attempt to
exclude England frora the markets of the world, would this act of
violence become legal ? Would it impose upon that country the
moral duty of subraission, because the "happy concurrence of some
of the States of Christendom in the great object," had not only
legalized, but had rendered the process, by which their decree was
to be enforced, not mexeXy justifiable, but indispensable 7 This is
no reasoning for the nineteenth century, and we can no longer oc
cupy ourselves with it.
If the right of search is here placed, as we see, upon the obliga
tion created by the partial treaties for the suppression of the slave
trade, there are passages in the dispatches of both Lord Palraerston
and Lord Aberdeen, where it is placed upon the raunicipal law of
England. These are to be found, where Lord Aberdeen invokes
the necessity of exaraining Araerican ships, to ascertain, if they
are not " British ships with British capital," carrying oif a traffic
"which the law (the raunicipal law of England) has declared to be
piracy." And Lord Palraerston says, that without this right of search
ing Araerican vessels, "even the laws of England might be set
at defiance by her own subjects." And so they may be evaded in
a thousand ways, and have been evaded by means, furnished by
ships both English and foreign. And why confine this claim of
search to the evasion of the laws, respecting the slave trade ? Why
not extend it to all cases, which may happen, and stop and seize
upon the ocean all vessels, suspected or pretended to be suspected,
of aiding in such evasion ? And why should not a French cruiser
overhaul and search any merchant man, foreign as well as French,
which, it may be pretended, has on board a young conscript, flee
ing from the conscription ? This branch of the discussion has al
ready extended too far. We do not believe it is necessary for any
intelligent reader, that we should farther push the refutation of the
pretension, that a British boarding crew may enter any American
ship she meets, with a view to give effect to the British laws. That
time may come, and perhaps will corae, if this step is gained. But
before then, raany strange event? raay corae to pass.
But it will be seen also, that this illegality, which we are in
search of, is created, not only by treaty stipulations and municipal "
laws, but by the laws of nations. To this last authority the United
States avow their entire submission, and what that ordains, they
will cheerfully obey. Lord Aberdeen says that the fraudulent
abuse of the American flag "constitutes that reasonable ground of

160 LIFE OF GENERAL CASS.
suspicion, which the law of nations requires in such a case." Let
Lord Aberdeen put his finger upon that part ofthe law, which ap
plies to "such a case," and all opposition to the pretensions of his
country is at an end. But it is the fair provision, which is de
manded, and not a substitute, created by a false analogy. This
doctrine is not to be supported, by transferring to this subject prin
ciples and practices, applicable only to a state of war, and to acts,
which are then "illegal," by the unanimous consent of mankind.
But after all, supposing the law to be as laid down, that Ameri
can vessels may be searched, because their voyages may be some
times "illegal," what are the circurastances, which justify the ex
ercise of this measure, agreeably to the British doctrine ? We
repeat the rule, as stated by Lord Aberdeen. No vessel bearing
the American flag ought to be visited by a British cruiser, except
" under the most grave suspicions, and well founded doubts ofthe
genuineness of its character." What is the practical application
of this rule ? Why, American vessels are visited, in the language
of Lord Aberdeen, " in certain latitudes and for a particular ob
ject." That is to say, their very appearance in "certain latitudes"
is a "grave suspicion," and thence follows the entry, the detention,
the search, and, it may be, the seizure ! If this is not reversing
the natural order of things, and casting the burden of proof upon
the injured party, we confess our inability to understand the sub
ject. This amounts to a complete blockade of the great southern
ocean, from Rio Janeiro to the Bight of Benin. How long it may
continue, and how much farther it may extend, we leave to history
to tell.
There is a tendency in the communications of both the British
Secretaries of State for Foreign Affairs, to consider the African slave
trade as piracy. This point established, and all opposition to this
claim of search, in cases bona fide suspicious, would cease. Lord
Palraerston speaks of "slave trading pirates," and Lord Aberdeen
of "piratical adventurers."
But this is loose language, except so far as it has reference to
municipal laws. The slave trade is nefarious, unjustifiable, and
ought every where to be proscribed, and rigorously punished. But
it is one of that class of acts, whose crirainality depends upon the
laws of different countries. A nation or a combination of nations
may call it piracy, and apply to their own citizens the punishment
usually prescribed for that crirae. But this change of naraes
changes nothing in the nature of things, and piracy is now, by the
law of nations, what it has been for ages past.
As to the status of slavery itself, it were idle to contend it is il
legal by the coramon consent of mankind. It has existed since the
earliest ages of the world, and there is probably no cation, ancient
or modem, among whom it has not been known. By some, it has
been abolished ; and where it yet survives, we hope its condition
has been meliorated. This is certainly true of the United States.
A general disposition is gaining ground to improve the situation of

LIFE OF GENERAL CASS. 161
this unfortunate class of society. This is felt in the Southern
states of the American confederacy, as well as elsewhere, and he
who should judge of the treatraent of the slaves in that region,
by their treatment in the West India colonies, would do the South
ern planter egregious injustice. The best proof of this assertion
is the fact, disclosed by the statistical tables, published by the Araer
ican government, that in sorae slave states the slaves increase faster
than the white population; and another fact, not less significative,
is the rate of their natural augraentation. This is found to be
between twenty five and thirty per cent in each decennial period.
A very respectable countryman, now here, in whose stateraent we
place full confidence, has just inforraed us, he has examined the
subject and finds, though there are more than fourteen millions of
free white persons in the United States, and but two millions and
a half of slaves, yet the number in the latter class, over one hun
dred years of age, is almost double that in the former.
We are no slaveholder. We never have been. We never shall
be. We deprecate its existence in principle, and pray for its abo
lition everywhere, where this can be effected justly, and peaceably,
and safely for both parties. But we would not carry fire, and de
vastation, and raurder, and ruin into a peaceful community, to push
on the accomplishment of the object. But, after having visited
the three quarters of the old Continent, we say before, God and
the world, that we have seen far more, and more frightful raisery,
since we landed in Europe, and we have not visited Ireland yet,
than in the United States. Whatever raay be said, there is much
of the patriarchal relation between the Southern planter and the
slave. And as to the physical distress, which is seen in Europe,
resulting from a want of food, and from exposure to a rigorous
winter, without adequate clothing, we believe it to be so rare; as
not to form a just eleraent in the consideration of this matter.
But the subject of the emancipation of two raillions and a half of
huraan beings, living araong another population, of different race
and color, and with different habits and feelings, is one of the
gravest questions, which can subraitted to society to solve. It can
be safely left, only to those, who are to be so seriously affected by
it ; and there it is left by the Constitution of the United Staes. It
is a matter, with which the General Government has no concern.
And so with respect to the slave trade. It is a traffic, which
can be traced back to the tirae of Jacob, whose son was sold into
Egypt; and down, in sorae forra or other, during the successive
ages, which have intervened, to the last century, when by treaty
arrangements with Spain, England obtained, as a great commer
cial favor, the privilege of supplying the Spanish colonies with
slaves,* and the present, when after many years of bitter opposi-
* The first article ofthe treaty of Madrid o^6th March, 1713, is thus conceiv-,
ed, whereas the assiento, which was formed with the Company Royal of Guinea.
established in France to furnish negro slaves for the West Indies, has expired
and the Queen of Great Britain wishing to enter into this commerce, and in her
aame the English Company, etc.
11

162 LIFE OF GENERAL CASS.
tion, the English Parliament voted the abolition of the slave trade ;
but when some of the greatest names* in England, were found in
the minority. These Statesraen, by their votes not only pronounc
ed the slave trade to be legal and expedient, but moral also, so far,
as that consideration forraed, at that tirae, a raotive of legislative
action. That it is illegal, by the great code of public law, no
statesman, nor publicist, or well informed man will seriously con
tend. Thanks to the advancing opinions of the age, its atrocity
is generally acknowledged, and the obligation of Christian States
to extirpate it, alraost everywhere felt and obeyed. But it is not
perraitted, in order to attain a great good, to comrait a great evil.
In order to break up this traffic, to break down the barriers, which
centuries have been rearing, and by which the weak are every
where protected against the strong, the peaceful against the war
like. The law of nations is but general opinion, illustrated by
able jurists, and sanctified by tirae, and by universal acquiescence.
Touch it rudely, and the whole fabric will disappear, leaving the
nations of the world, in their mutual relations, as they existed in
the raost barbarous ages.
Most wisely and raost irapressively therefore, did Lord Stowell
say, " No nation has the right to force their way, for the libera
tion of Africa, by trampling upon the independence of other States,
on the pretence of an eminent good, by means, that are unlawful ;
or to press forward to a great principle, by breaking through other
great principles, which stand in their way."
Words of deep wisdom and solemn warning ; and lamentable is
it, that their obligation has scarcely outlived the able and venera
ble judge, by whora they were pronounced. And above all is it
to be deplored, that the first public practical disavowal of these
sentiments should corae from a country, whose law they were
ruled to be.
We have already adverted to the opinion of the Duke of Well
ington, in connexion with that of Lord Stowell. This we did from
memory, but at the moraent of writing this part of our reraarks,
we have been enabled to refer to a debate in the House of Lords
in July 1839, where his sentiments are fully disclosed. With
that spirit of frankness and sagacity, vvhich are not the least emi
nent, among the qualities of that eminent man, he predicted the
issue, to which this pretension must. lead. He said, " the clause
in question made it lawful to detain any vessels whatever, on sus
picion, on the high seas, and demand their papers ; and the per-
* In looking over Clarkson's History of the" abolition of the slave trade, we find
that the cabinet of Mr. Pitt was divided upon this subject, and that the sincerity
of that distinguished man in the support of it was generally doubted. And Clark
son states that from the known sentiments of the King, the veto of the bill was
feared. Among the opponents, we find the Duke of Clarence, (afterwards William the
Fourth,) who called the supporters of the hiW, fanatics and hypocrites, Lords
Thurlow, Rodney, Sheffield, Eldon, Saint Vincent, Liverpool, Sidmouth (who
was Mr. Adding^ton.) Hawksbury (who was M. Jenkinson.) Mr. Dundas, Colonel
Taileton, Major Scott, etc.

LIFE OF GENERAL CASS. 163
sons exercising such authority were moreover indemnified for all
the consequences. Was it intended, that the vessels of any power
in Europe might be searched, and afterwards allowed to proceed
on their voyage, whether we had treaties with those powers or not ?
Such a law would be a perfect novelty in the legislation of this
country, and the House ought to well pause before they adopted it."
Again, on the 15th August, the Duke remarked, " it was well
known, that with the United States we had no convention ; there
were indeed engagements, made by diplomatic notes, but nothing
went to show the least disposition on their part to permit the right
of detention and the search of papers ; and if there was one point,
more to be avoided than another, it was that relating to the visi
tation of vessels, belonging to the Union. He warned government
not to proceed, but rather to issue an order in council or a decla
ration of war."
We quote the remarks of Lord Broughara, because they are
equally honorable to hiraself, to truth, and to the Araerican Gov
ernment. " It could not be disguised, that we were peculiarly
situated, with respect to the United States ; because we had not
effected any treaty, conferring such right of search. It should be
borne in mind, that the United States, at the very earliest period,
they were enabled to do so by the federal union, had adopted the
abolition of the slave trade, and were in fact the first to make it
piracy, for any one of its subjects to carry it on. The government
of the United States was not so strong as a monarchial govern
ment, nor had it such direct and powerful raeans of controlling its
subjects." And he reraarks with respect to the sale of Araerican
ships to persons carrying on the slave trade, " but the people
might not after all be answerable for the purposes, to which they
were devoted ; not more so, certainly, than an English ship-buil
der, who sold vessels, constructed in his yard, which were after
wards despatched to the coast of Africa."
We shall not add a word to the authority of these high names.
Their decisions need no comraentary frora us.
Keeping in view the preceding course of discussion, it is obvi
ous, that upon the principles, heretofore received araong raankind,
if the United States should pereraptorily refuse all co-operation,
in any effort to put down the slave trade, they would be responsi
ble only to the public opinion of nations, and to hira, by whom
nations rise and fall It would be but the consequence, says the-
London Sun " of our former proceedings, which have made it im
possible for the Americans to admit this claira. By coramitting-
injustice on our own people, we have bred up our officers in arbi
trary habits, which have made thera arbitrary to other nations,
and the consequences debar England from following out her hu
mane wishes to suppress the slave trade."
But the United States refuse no such co-operation. They have
interdicted, as we have seen, this trade to their citizens, and have
provided exemplary punishments, for the transgressors. They

164 LIFE OF GENERAL CASS.
have, for raany years, kept a squadron upon the coast of Africa,.
to aid in its suppression, and they are now making arrangements
for its augmentation. We do not affect to deny, that a general
right of search would assist the objects, which all the Christian
powers are seeking to attain. It would be an additional means of
detection ; but such a right is not at all indispensable to success.
Much has already been done, and the work isgoing on now. It
would be greatly promoted, if the markets in countries to which
slaves are yet transported, vvere closed to this traffic. If these
unhappy victims of lawless violence could not be sold, they would
not be bought. Let a general effort be made vvith the Spanish,
Portuguese and Brazilian governments to induce them to act vi
gorously in this raatter, by judicious municipal regulations, faith
fully executed ; and a powerful means of success wil! be put in
motion, without " breaking down the great principles, which now
stand in its way."
That the efforts to suppress the slave trade may be rendered
successful, vvithout the adoption of this obnoxious measure, is evi
dent, frora a suggestion in a London journal, vvhich, with just feel
ing, seeks to avert the irapending consequences of this claim of
search. This journal proposes, that an officer of the British and
Araerican navies shall reciprocally sail in one of the cruisers of
the respective nations, and that such officer shall exercise the right
of search in the vessels of his own country, thus ascertaining their
character and objects, and seizing thera, when guilty, without any
violation of the rights of sovereignty. We do not stop to examine
this proposition ; we merely allude to it, to show that in a spirit of
accomraodation, means may be found to reconcile all avowed ob
jects, with national dignity and independence. Such a plan would
possess one advantage. It would be truly reciprocal ; whereas the
proffered power to search is but the mockery of reciprocity to
wards the IJnited States, whose institutions vvill permit impressment,
as a means of manning their navy. While, therefore, the British
officer enters' to search and impress, and the American officer en
ters to search, the inequality is too glaring to need illustration.
But after all, vvhat kind of philanthropy is that, which seeks not
merely to put down the African slave trade, but to put it down by
the eraployment of one means among raany, and which means if
persisted in, as threatened, will as surely involve two great nations
in war, as to-raorrovv's sun will rise upon both ? And who can
tell the issue of such a war, not merely to the parties themselves,
t'hat we shall not touch, but to the civilized world ? Who can tell
the questions of maritirae right, vvhich will arise during its progress,
and maritirae wrongs, which vvill be inflicted ? Who can tell how
soon its sphere will be enlarged, and the oppressions of Africa be
lost sight of, in the struggles of Europe and America.
It is strange indeed, but so it is, that one of the modes proposed
for the liberation of the negro, from the traffic of his flesh and blood
will necessarily lead to the bondage of the American seaman ;.

LIFE OF GENERAL CASS. 165
where his flesh apd blood are not indeed sold, but where they are
taken without price, and may be swept away by the cannon of his
own country. " When they doubted, they took the trick." Words,
which all Americans should grave upon their hearts. We may
safely appeal to any generous Englishman and Frenchman, and
ask, what would be their sensations, if told, " Yes we do seize your
citizens, we will seize them; when we doubt we take the trick," Let
each answer for hiraself, and that answer will disclose the feelings
of the Araericans.; for this trick it is a raan, an American citizen.
By and by, after after law shall have rvorked its way far enough,
the trick may become a French citizen ; and what sort of a strug
gle will come when that step is taken?
But should the United States yield to this claim, what security
is there foi: them, or for nations, like them, interested in the free
dora ofthe seas, that it would not be followed by another and another
pretension, till the British flag rode triuraphant over the waters of
the earth ? How far is to be pushed this crusade of benevolence,
which would involve east and west in one calaraity, in order to at
tain, in its own way, an object which raust corae, and that speedi
ly ? There are significant signs abroad, that this is but the com
mencement of a system, destined to a wide extension. Already
the project has heen publicly discussed in England, of putting a
stop to the sale of its products. It has been supported in tJie jour
nals, and advocated we believe, in pariiaraent. The scheme has
not yet ripened into a plan. But benevolence is soraetiraes shrewd
as well as active, and the proposition, so far, is raerely to interdict
the sale of these products in England ; yet who can tell how soon
the question raay enter in an iraproved forra, into the maritime
code of nations? It vvould be but another step, and though at
might be accompanied by another struggle, leading to universal
war, what cares the philanthropist for this ? Law would work its
own way. Slavery is wrong, as well as the slave trade. We can
not enter upon the territory of another nation, to suppress it. But
we will seize its products upon the ocean. They shall become
contraband of peace. No cotton, rice, coffee, sugar nor tobacco,
not the product of free labor, shall be lawful freight. And thus the
object just, the means must be just also.
But here we- drop the discussion, leaving every reflecting man
to draw his own conclusions. Most sincerely do we hope, that
Lord Ashburton carries out, to the American Government sorae
modified proposition, it can accept. But we freely confess, look
ing to the pretensions of both parties and knowing the feelings of
our countryraen, that we do not see, upon vvhat middle ground they
can meet. Our fears are stronger than our hopes ; and sad will
be the day, when two such nations go to war. Even if England
were clearly right, as in our opinion she is clearly wrong, she
might forbear rauch, without any iraputation upon her honor'. She
has won her way to distinction by a thousand feats in arms, and
what is her better title to renown, by countless feats in peace.

166 LIFE OF GENERAL CASS.
Triumphs of genius, of skill, of industry and of enterprise, which
have gained her a name, that the proudest may envy and that few
can hope to equal. She has given birth to an empire in the west.
An empire, whose extent and duration it passes human sagacity,
even to conjecture. There are planted her laws, her language,
her manners, her institutions. A thousand ties of interest unite
these kindred people. Let England cherish this, as her most glo
rious work. But let her recollect too, that a spirit, equal to her
own, animates the republic, and though she may be crushed, that
she will not be dishonored.
The protest of General Cass met with the warmest approbation
from his countrymen ; nor could the adrainistration, although dif
fering in political views, withhold its acknowledgement bf the sig
nal service rendered by hira at this eventful and unexpected exi
gency. The protest is truly patriotic and American in its senti
ments. It excited the indignation of the English government and
press. Its author was abused without stint in the public newspa
pers and in pariiaraent. Its influence may be justly estiraated by
its effect upon those whose schemes it defeated.
The document which exerted so much influence upon the pro
ceedings of great and powerful nations, was the following :
Legation of the United States,
Paris, ISth February, 1842.
M. GuizoT, Minister of Foreign Affairs :
Sir — The recent signature of a treaty, having for its object the
suppression of the African slave trade, by five of the powers of
Europe, and to which France is a party, is a fact of such general
notoriety, that it may be assumed as the basis of any diplomatic
representations which the subject may fairly require.
The United States, being no party to this treaty, have no right
to inquire into the circurastances which have led to it, nor into
the measures it proposes to adopt, except so far as they have rea
son to believe that their rights may be involved in the course of
its execution.
Their own desire to put a stop to this traffic, is everywhere
known, as well as the early and continued efforts they have adopt
ed, to prevent their citizens from prosecuting it. They have been
invited by the government of Great Britain to become a party to
a treaty, which should regulate the action of the combined gov
ernments upon the subject. But. for reasons satisfactory to them
selves, and, I believe, satisfactory to the world, they have declined
this united action, and have chosen to pursue their own measures,'
and to act upon their own citizens, without subjecting these to-
any kind of foreign jurisdiction.

life oe general CASS. 167
In a communication from Lord Palmerston, Her Brittanic Ma
jesty's principal Secretary of State for Foreign Affairs, to Mr. Ste
venson, the Araerican Minister at London, dated 27th August,
1841, Lord Palraerston claims a right for Her Majesty's cruisers,
and av^ows the intention of his government to exercise it, to search
American vessels at sea in time of peace, with a view to ascertain
their national character. He adds, that " this exaraination of pa
pers of raerchantraen suspected oJ being engaged in the slave
trade, even though they hoist an United States' flag, is a proceed
ing which it is absolutely necessary that British cruisers eraployed
in the suppression of the slave trade, should continue to prac
tice," &c.
In a coraraunication from the successor of Lord»Palmerston,
Lord Aberdeen, to Mr. Stevenson, dated 13th October, 1841, the
views and deterraination announced in the first, are confiriirted;
and Lord Aberdeen thus states the ground upon which rests this
pretension to search Araerican vessels in time of peace : " But
the undersigned must observe, that the present happy concurrence
of the states of Christendom in this great object, (the suppression
of the slave trade,) not merely justifies, but rend^B indispensable,
the right now claimed and exercised by the Britislr government ;"
that is to say, the right of entering and examining Araerican ves
sels to ascertain their true nationality.
It is no part of my duty to offer any comments upon this pre
tension, nor upon the reasons advanced in support of it. And if
it were, I should find the duty far better performed for me, than I
could perform it for myself, in the annual message of the President
of the United States to Congress, of 7th Deceraber, 1841. In
that document will be found the views of the Araerican govern
ment upon this subject, and it is there emphatically declared that,
" However desirous the United States may be for the suppression
of the slave trade, they cannot consent to interpolations into the
maritime code, at the mere will or pleasure of other governraents.
We deny the right of any such interpolation to any one, or to all
the nations of the earth, without our consent. We claira to have
a voice in all amendments or alterations of that code; and when
we are given to understand, as in this instance, by a foreign gov
ernment, that its treaties with other nations cannot be executed
without the establishment and enforceraent of new principles of
maritime police, we raust employ a language neither of equivocal
import, nor susceptible of misconstruction."
You will perceive, sir, by these extracts, that the British gov
ernment has advanced' a pretension which it asserts to be indispen
sable to the execution of its treaties for the suppression of the
slave trade, and to which the President of the United States has
declared that the American government will not submit. This
claim of search, it will be observed, arising, as is asserted, out of
existing obligations, has relation to the isolated treaties for the
abolition of this traffic, which were in force at the date of the

168 LIFE OF general CASS.
communication of Lord Palmerston and of Lord Aberdeen. It is
now known, that the combined treaty upon this subject, is more
extensive in its operations, and more minute in some of the details
of its execution, than the separate treaties with France which pre
ceded it, and equally indefinite in the duration of its obligations.
Of course, measures which were not only "justifiable but indis
pensable" for the execution of the latter, wiU find equal justice
and necessity in the obligations of the former.
With this previous declaration, made by one of the parties to
this Quintuple Treaty, concerning its operations, the American
government cannot shut their eyes to their true position. The
moral efl'ect which such an union of five great powers, two of
which are eminently maritime, but three of which have perhaps
never had a vessel engaged in that traffic, is calculated to produce
upon the United States and upon other nations which, like them,
may be indisposed to these combined moveraents, though it raay
be regretted, yet furnishes no just cause for complaint. But the
subject assumes another aspect, when they are told by one of the
parties, that their vessels are to be forcibly entered and exarained,
in order to cajpy into effect these stipulations. Certainly the Ame
rican governraent does not believe that the high powers, contract
ing parties to this treaty, have any wish to corapel the United
States, by force, to adapt their raeasures to its provisions, or to
adopt its stipulations. They have too much confidence in their
sense of justice to fear any such result ; and they will see with
pleasure the prompt disavowal made by yourself, sir, in the name
of your country, at the Tribune of the Chamber of Deputies, of
any intentions of this nature. But were it otherwise, and were it
possible, they might be deceived in this confident expectation, that
would not alter in one tittle their course of action. Their duty
would be the same, and the sarae would be their deterraination to ¦
fulfil it. They would prepare themselves — with apprehension in
deed, but without disraay — with regret, but with firraness — for one
. of those desperate struggles, which have sometimes occurred in
the history of the world, but where a just cause and the favor of
Providence have given strength to comparative weakness, and ena
bled it to break down the pride of power.
But I have already said the United Statfes do not fear that' any
such united attempt will be made upon their independence. What,
however, they may reasonably fear, in what they do fear is, that in
the execution of this treaty, measures vvill be taken which they
must resist. How far the acts of one of the parties, putting its
own construction upon its own duties and upon the obligations of
its co-contractors, may involve these in any unlocked for conse
quences, either by the adoption of sirailar measures, or by their
rejection, I do not presume to judge. Certain it is, however, that
if the fact and the principle advanced by Lord Aberdeen are cor
rect, that these treaties for the abolition of the slave trade cannot
be executed without forcibly boarding Araerican ships at sea in

life of general CASS. 169
time of peace, and that the obligations created by these confer not
only the right thus to violate the American flag, but raake this
measure a duty, then it is also the duty of France to pursue the
same course. Should she put this construction upon her obliga
tions, it is obvious the United States must do to her as they will
do to England, if she persists in this attack upon their indepen
dence. Should she not, it does not become me to investigate the
nature of her position with respect to one of her associates, whose
opinion, concerning their relative duties wonld be so widely differ
ent from her own.
But I may express the hope, that the government of His Majes
ty, before ratifying this treaty, will examine maturely the preten
sions asserted by one of the parties, and see how these can be re
conciled, not only with the honor and interest ofthe United States,
but with the received principles of the Great Maritirae Code of
nations. I may make this appeal with the more confidence, from
the relations subsisting between France and the United States,
from a coraraunity of interest in the liberty of the seas ; from a
community of opinion respecting the principles which guard it ;
and from a community in danger, should it ever be rnenaced by
the ambition of any maritime power.
It appears to me, sir, that in asking the attention of His Majes
ty's government to the subject of the Quintuple Treaty, with a
view to its reconsideration, I am requesting nothing on the part of
the United States inconsistent with the duties of France to other
powers. If, during the course of the discussions upon this treaty, pre
paratory to the arrangeraent of its provisions, England had assert
ed to the other parties the pretensions she now asserts to the Uni
ted States, as a necessary consequence of its obligation, I cannot
be wrong in presuming that France would not have signed it, with
out guarding against this irapending difficulty.
The views of England are now disclpsed to you, fortunately be
fore its ratification. And this change of circurastances raay well
justify the French governraent in interposing such a reraedy as it
may think is deraanded by the grave interests involved in this
question. As to the treaties of 1831 and 1833, between France and Great
Britain, for the suppression of the slave trade, I do not consider
it my duty to advert to their stipulations. Their obligations upon
the contracting parties, whatever they may be, are now complete ;
and it is for my governraent alone to deterraine what measures the
United States ought to take to avert the consequences with which
they are threatened by the construction which one of the parties
has given to these instruraents.
I have the honor to transmit herewith a copy of the message of
the President of the United States to Congress, in December last,
and of the annual documents which accorapanied it. Araong the
latter will be found the correspondence between the British Secre-

170 life of general cass.
taries of State and Mr. Stevenson, upon the subject herein refer
red to. From these you will learn the respective views of the
American and British governments.
It is proper for me to add, that this communication has been
made without any instructions from the United States. I have
considered this case as one in which an American representative
to a foreign power should act vvithout awaiting the orders of his
government. I have presumed, in the views I have submitted to
you, that I express the feelings of the American governraent and
people. If in this I have deceived myself, the responsibility will
be mine. As soon as I can receive despatches from the United
States, in answer to my comraunications, I shall be enabled to de
clare to you either that ray conduct has been approved by the Pre
sident, or that ray mission is terminated.
I avail myself, &.c. &.c
LEW. CASS, &c.

CHAPTER X.
Effect of the protest upon the action of the French government, respecting the
Quintuple Treaty-The Ashburton Treaty-Proceedings of Gov. Cass, on receiv
ing copy of treaty — His correspondence with Mr. Webster, Secretary pf State.
The frankness and boldness of Gov. Cass, in laying this protest
before the French government and people, while it aroused the
anger of the British government, deterred her from pursuing her
object in the manner she commenced. The French chamber of
deputies having their attention awakened to an examination of the
schemes of England's ministers, refused to become a party thereto.
Anxious to retreat with some appearance of honor, and unwilling
to appear to the world, altogether unsuccessful in her project, and
wishing to impress nations with her sincerity and laudable motives,
which suggested the Quintuple Treaty, England opened a negotia
tion with the United States, on the subject, A special minister was
sent to this country with authority to adjust and definitely settle all
matters of difference between the two countries. A treaty was made
and concluded, and signed by Lord Ashburton, the British am
bassador, and Daniel Webster, American Secretary of State. The
President directed Mr. Webster, in communicating this treaty to
Gen. Cass, in France, to call his attention particularly to the
clauses relating to the .suppression of the African slave trade.
The provisions in regard to that subject, in its connection with the
right of search, as claimed by Great Britain, did not meet the
views of Gen. Cass ; nor could he consistently approve of them, '
even so indirectly, as to retain his position at the court of St.
Cloud. He considered that the omission to procure a renunciation
of the offensive claim of the English government, while negotia
tions were pending upon the very subject, which forraed the pre
tended basis of the claim, placed him in a false position, and ren
dered his situation unpleasant to hira. Truly his conduct in de
nouncing the pretension ; in arraying against it a powerful people

172 life of general cass.
and government, and so preparing an easy and open path, for
whoever raight be charged with the raanageraent of subsequent
negotiation, was approved by the Executive of his governraent ;
yet when the subject came to be an object of treaty arrangement,
when it vvas clothed with the solemnity of law, to be known and
obeyed by the nations of the world, it was of greater moment to
him, who had stood forth alone, and with his single arm, kept back
the stride of a powerful ministry, to supremacy on the great high
way of the world, that his course should be approved by the entire
treaty making power of his country, than that his action should
rest upon the individual and ephemeral sanction of the President
Desiring no longer, under such circumstances, a further resi
dence in France, as the representative of his country, he requested
permission to return horae. The President, acknowledging the
loss to this country, by the withdrawal of Gen. Cass, frora so im
portant a mission at that crisis, reluctantly gave his official consent.
Gen. Cass, on receipt of a copy of the treaty, presented
it to the governmeut of France, with an accorapanying let
ter frora Mr. Webster. Although disappointed at the orais-
sion of those stipulations, which he regarded as of paramount
importance, his patriotism and pride for his country, would not
allow the utterance of a word of dissent or regret to escape him, at
a foreign court. But with his own governraent he felt his position
to be different, and himself at liberty to express to his countrymen,
his feelings and sentiments without reserve. Hence, arose the
celebrated controversy between Gen. Cass and Mr. Webster, ira
raediately preceding, and after the termination of the official re
lation ofthe former.
The letters of Gen Cass, which follow, contain a complete his
tory and exaraination ofthe subject of controversy, and cannot fail
to impress the reader with the conviction, that his position is truly
American, in principle, and is sustained by a cogency of argu
ment which cannot be controverted.
Legation of the United States, Paris, October 3, 1842.
Sir : The last packet brought me your letter of August 29th,
announcing the conclusion of a treaty with Great Britain, and ac-
comffanied by a copy of it, and the correspondence between the
ministers charged with the negotiations, and directing me to make
known to M. Guizot the sentiments of the American Government

life of general cass. 173;
upon that part ofthe treaty which provides for the co-operation of
the United States in the efforts making to suppress the African
slave trade. I thought I should best fulfil your intentions by com
municating a copy, in extenso, of your letter. This I accordingly
did yesterday. I trust I shall be able, before my departure, to trans
mit to you the acknowledgment of its receipt by M. Guizot.
In executing this duty, I felt too well what was due to my go
vernraent and country to intimate any regret to a foreign power
that sorae declaration had not preceded the treaty, or some stipu
lation accorapanied it, by which the extraordinary pretension of
Great Britain to search our ships, at all times and in all places,
first put forth to the world by Lord Palmerston on the 27th August,
1841, and on the 13th October following, again peremptorily claira
ed as a right by Lord Aberdeen, would have been abrogated as
equally incompatible with the laws of nations and with the inde
pendence of the United States. I confined myself, therefore to a
siraple communication of your letter.
But this reserve ceases when I address my own governraent, and,
connected as I feel my official conduct and reputation with this
question of the right of search, I ara sure I shall find an excuse
for vvhat raight otherwise be considered presumption, if, as one of
the last acts of my official career, I submit to you, and through
you to the President, the peculiar circumstances in which I am
placed by the conclusion of this treaty, and by the coraraunication
of your letter to M. Guizot.
Before proceeding further, however, perrait rae to reraark that
no one rejoices more sincerely than I do at the terraination of our
difficulties with Great Britain, so far as they are terminated. That
country and ours have so raany raoral and raaterial interests in
volved in their intercourse, that their respective governraents and
inhabitants may well feel more than ordinary solicitude for the pre
servation of peace between these two great nations. Our past his
tory, however, will be unprofitable if it do not teach us that unjust
pretensions, affgcting our rights and honor, are best met by being
promptly repelled when first urged, and by being received in a
spirit of resistance worthy the character of our people and of the
great trust confided to us as the depositaries of the freest system
of government which the world has yet witnessed.
I had the honor, in ray letter of the 17th ultirao, to solicit per
mission to return to the United States. That letter was written
the day a copy of the treaty reached Paris, and the reraark which
I then made to you, that " I could no longer be useful here," has
been confirmed by subsequent reflection and by the receipt of your
letter and of the cCrrespondence accompanying it. I feel that I
could no longer remain here honorably for myself or advantageously
for our country.
In ray letter to you of the 15th February last, transraitting a
copy of my protest against the ratification of the quintuple treaty
for the suppression of the African slave trade, I took the liberty of

174 life of general cass.
suggesting the propriety of demanding frora Lord Ashburton, pre
viously to entering into any negotiation, a distinct renunciation of
this claim to search our vessels. I thought then, as I do now, that
this course was deraanded by a just self-respect, and would be sup
ported by that tribunal of public opinion which sustains our gov
ernraent when right and corrects it when wrong. The pretension
itself, was one of the raost flagrant outrages vvhich could be airaed
at an independent nation, and the raode of its enunciation was as
coolly contemptuous as diplomatic ingenuity could suggest. We
were told that, to the doctrine that American vessels were free from
the search of foreign cruizers in tirae of peace, "the British gov
ernraent never could or would subscribe." And we were told, too,
there was reason to expect that the United States would themselves
become converts to the same opinion ; and this expectation was
founded on the hope that "they would cease to confound two things
which are in their nature entirely different, and would' look to
things and not to words." And the very concluding paragraph of
the British correspondence tells us, in effect, that we raay take
whatever course we please, but that England will adhere to this
pretension to board our vessels when and where her cruizers may
find them. A portion of this paragraph is equally significative and
unceremonious. "It is for the American government," says Lord
Aberdeen, "alone to determine what raay be due to a just regard
for their national dignity and national independence." I doubt if,
in the wide range of raodern diplomacy, a raore obnoxious claim
has been urged in a raore obnoxious raanner.
This claim, thus asserted and supported, was promptly met and
firmly repelled by the President in his message at the commence
ment of the last session of Congress ; and in your letter to me, ap
proving the course I had adopted in relation to the question of the
ratification by France of the quintuple treaty, you consider the
principles of that message as the established policy of the govern
ment. Under these circumstances of the assertion and denial of
this new claira of maritirae police, the eyes of Europe were upon
these two great naval powers, one of which had advanced a preten
sion, and avowed her determination to enforce it, vvhich might at
any moraent bring thera into collision. So far our national dignity
was uncoraproraited.
But England then urged the United States to enter into a con
ventional arrangeraent, by which we raight be pledged to concur
with her in raeasures for the suppression of the slave trade. Till
then, we had executed our own laws in our ovvn way. "But yield
ing to this application, and departing frora our forraer principle of
avoiding European combinations upon subjects not American, we
stipulated, in a solemn treaty, that we would carry into effect our
own laws, and fixed the miniraum force we would employ for that
purpose. Certainly, a laudable desire to terminate this horrible
man-stealing and man-selling, may well justify us in going further,
in changing one of the fundamental principles of our policy, in

life of general OASS, 175
order to effect this object, than we would go to effect any other.
It is so much more a question of feeling than of reasoning, that
we can hardly be wrong in yielding to that impulse, which leads
us to desire to unite our efforts with those of other nations for the
protection of the most sacred human rights. But while making so
important a concession to the renewed application of England, it
seems to me we might well have said toher, "before we treat upon
this matter, there is a prelirainary question connected with it,
which must be settled. We will do no act which may, by any pos
sibility, appear to be a recognition of your claim to search our ves
sels. That claim has arisen out of this very subject, or at any
rate, this subject has been the pretext for its assertion, and if we
now negotiate upon it, and our concurrence is yielded, you must
relinquish, as solemnly as you have announced, this most offensive
pretension. If this is not done, by now making a conventional
arrangement with you, and leaving you free to take your own
course, we shall, in effect, abandon the ground we have assumed,
and with it our rights and honor."
In carefully looking at the seventh and eighth articles of the
treaty, providing for our co-operation in the measures for the sup
pression of this traffic, I do not see that they change, in the slight
est degree, the pre-existing right claimed by Great Britain to arrest
and search our vessels. That claim, eis advanced both by Lord
Palmerston and Lord Aberdeen, rested on the assumption that the
treaties between England and other European powers upon this
subject, could not be executed without its exercise, and that the
happy concurrence of these powers not only justified this exercise,
but rendered it indispensable. By the recent treaty, we are to
keep a squadron upon the coast of Africa. We have kept one
there for years, during the whole term, indeed, of these efforts to
put a stop to this most iniquitous coraraerce. The effect of the
treaty is, therefore, to render it obligatory upon us by a conven
tion to do what we have long done voluntarily ; to place our rau
nicipal laws, in some measure, beyond the reach of Congress; and
to increase the strength of the squadron employed on this duty.
But if a British cruiser meet a vessel bearing the American flag,
where there is no American ship of war to examine her, it is obvi
ous, that it is quite as indispensable and justifiable, that the cruiser
should search this vessel to ascertain her nationality, since the
conclusion of the treaty as it was before. The rautual rights ofthe
parties are in this respect wholly untouched ; their pretensions ex
ist in full force; and vvhat they could do prior to this arrangeraent
they raay now do ; for though tJiey have respectively sanctioned
the employment of a force to give effect "to the laws, rights, and
obligations of the two countries," yet they have not prohibited the
use of any other measure which either party may be disposed to
It is unnecessary to push these considerations further ; and in
carrying them thus far, I have found the task an unpleasant one.
Nothing but justice 'to rayself could have induced me to do it. I

176 LIFE OP GENERAL CASS,
could' not clearly explain my position here, without this recapitula
tion. My protest of 13th February distinctly 'asserted that the
United States would resist the pretensions of England to search
our vessels. I avowed, at the same tirae, that this vvas but my per
sonal declaration, liable to be confirmed or disavowed by my go
vernment. I now find a treaty has been concluded between Great
Britain and the United States, which provides for the co-operation
ofthe latter in efforts to abolish the slave trade, but which contains
no renunciation by the forraer of the extraordinary pretension,-re-
sulting, as she said, frora the exigencies of these very efforts, and
which pretension I felt it my duty to denounce to the French go
vernraent. In all this, I presume to offer no further judgraent than
as I am personally affected by the course of the proceedings ; and I
feel they have placed me in a false position, whence I cannot escape
but by returning horae with the least possible delay. I trust, there
fore, that the President will have felt no hesitation in granting rae
the perraission which I asked for.
I ara, sir, Very respectfully, your obedient servant,
LEW. CASS.
Hon Daniel Webster,
Secretary of State, Washington.
New- York, December 11th, 1843.
Sir : Upon my arrival here yesterday, the duplicate of your let
ter of Noveraber 11th was delivered to rae. I erabrace the first
moraent in ray power to acknowledge its receipt.
I ara too well aware of what is due frora rae to the government
to renew, or unnecessarily to prolong, the discussion of the sub
ject contained in my letter of October 3d. In subraitting to you
the views I entertained, I fulfilled a duty which, in my opinion,
circumstances iraposed upon me. But I should consider myself
obnoxious to the censure of improper interference, with which you
have not sparingly reproached me, but from which I trust I shall
satisfy you I am free, did I seek to make ray correspondence with
the department the vehicle for obtruding my sentiraents upon the
governraent. Still I ara anxious not to be raisunderstood, and
more especially since you give me to understand that the comrau
nications which have passed between us upon this subject are to
be published, and thus subraitted to the great tribunal of public
opinion, which will be called upon to decide respecting the course
I have deeraed it necessary to adopt, as well as the raanner in whiclj
I have fulfilled the task. And as you have in several instances
misapprehended my views, and adapted your reasoning to your
constructions, rather than to my sentiraents, and as I have full
confidence in your desire to do me justice, I must beg leave briefly
to lay before you such considerations connected with my letter,
and your comments upon it, as are essential to a correct judgment
between us.
And, first, with respect to the procedure on my part.

LIFE OF GENERAL CASS. 177
You object to my whole course of action in this matter, because
it appears to you to be "intended as a sort of protest or remon
strance against a transaction of the government," &,c.
I have been very unhappy in the raode in vvhich I have expressed
myself, if I am justly liable to this charge. My letter is not a pro
test or remonstrance. It is a simple answer to a dispatch which
I had the honor to receive from you. In your letter of August 29th,
you coramnnicated to me the views ofthe President in relation to'
the treaty then recently concluded with England; and you also au
thorized me to make known these views to the French govern
ment. This 1 did, both in conversation and in writing. Here was
a dispatch requiring my action; and vvhich received it in good faith.
But 1 did not coincide with you in opinion respecting an irapor
tant bearing of this treaty. I thought it left us in a worse position
than it found us ; and so thinking, 1 deeraed it my right, and felt
it my duty, to lay before you the impression which the whole mat
ter had left upon my mind. I did so, and the result is before you.
Under these circurastances, was I guilty of indiscretion, or of an
impertinent interference, still more offensive, which, it seems to
me, from the tone of your letter, is the construction you put upon
my action?
This question will perhaps be best answered by another. Is it
the duty of a diplomatic agent to receive all the aoraraunications
of his government, and to carry into effect their instructions, sub
silentio, whatever may be his own sentiments in relation to them ?
Or, is he not bound, as a faithful representative, to comraunicate
freely but respectfully his own views, that these raay be considered
and receive their due weight in that particular case, or in other
circumstances involving similar considerations? It seeras to me
that the bare renunciation of the principle is all that is necessary
for my justification. I am speaking now of the propriety of my
action, not of the manner in which it was perforraed. I raay have
executed the task well or ill ; I may have introduced topics unad
visedly, and urged thera indiscreetly. All this I leave without re
mark, I ara only endeavoring here to free myself from the seri
ous charge vyhich you bring against rae. If I have misapprehen
ded the duties of an American diplomatic agent upon this subject,
I am well satisfied to have withdrawn, by a timely resignation, from
a position in which my own self-respect would not permit rae to
remain. And I may express the conviction that there is no govern
ment, certainly none this side of Constantinople, which would not
encourage, rather than rebuke, the free expression ofthe views of
their representatives in foreign countries. But, independently of
this general objection to all action on my part, you present me with
another, perhaps still more formidable, but which is applicable only
to the circumstances of this case. Without repeating in full the
view you urge upon this part of the subject, I shall condense the
objection into the proposition that the expression of my sentiments
to the government upon this occasion might induce England here-
12

¦<¦-,!

178 LIFE OF GENERAL CASS.
after "to rely upon my authority for a construction favorable to her
own pretensions, and inconsistent with the interest and honor of
the United States."
In the first place, I vvould remark that I have written for ray own
governraent, and not for that of England. The publication of ray
letter which is to produce this result is to be the act of the govern
ment, and not my act. But if the President should think that the
slightest injury to the public interest vvould ensue from the disclo
sure of my views, the letter may be buried in the archives of the
departraent, and thus forgotten and rendered harmless.
But even were imraediate publicity to be given to it, I know ray
own insignificance too well to believe it would produce the slightest
influence upon the pretensions or the course of England. The
English public, and especially the statesraen, are too sagacious to
need the suggestions of any foreigner, and too pertinacious
in the assertion of their clairas to seek his authority for their
support. When England, in her progress to that supreraacy
upon the ocean, which has been the steady object of her ambition
for centuries, and will continue to be so, abandons a single preten
sion, after she has once advanced it, then there may be reason to
believe she has adopted a system of moderation, which raay be
strengthened or weakened, as the opinion of others is favorable or
unfavorable to her. There is no evidence that that time is near.
But were it otherwise, does it follow that in all discussions between
nations it is the duty of every man to believe his own governraent
has attained every object which the interest or honor of the coun
try requires, or not believing it, to reraain silent, and to refrain
frora all representations, either to the governraent itself, or to the
public, with a view to the ultimate correction of the error^ and to
the relief of his country from a false position ? I must confess I
do not carry ray patriotic devotion thus far. I agree, that when
nations have appealed frora argument to force, and when a war is
raging, it is the duty of every fcitizen to put all other considera
tions behind him, and, avoiding profitless and party discussions up
on the past, to join with head, heart and hand, to repel the com
raon foe. At such a time, I vvould not speak words of censure
even to my countrymen, lest I should be overheard by the enemy.
And that this is not with me a barren doctrine, I trust I have given
sufficient evidence in perilous times. But I was not prepared for
that excess of patriotic zeal (pardon rae the expression, for such it
appears to me) which would carry this reserve into all the actions
of the government, as well in peace as in vvar. I believe that in
our recent treaty with England, sufficient precaution was not taken
to guard against her claim to search our ships. This belief I en
tertain in common with many other citizens, in office and out of
office ; and I, as well as they, have expressed it. It has been de
clared in the Senate, in the public journals, in every district of our
country. And I cannot feel that this avowal of our sentiments, in
whatever form it is made, whether official or unofficial, justly sub-

LIPE OF GENERAL CASS. 179
jects US to the charge of taking a course which may hereafter ena
ble other governments to "set up new pretensions."
Permit me now to advert to the serious charge you have made
against me, of venturing upon a stateraent, which is a tissue of
mistakes. This statement you quote, and it is that part of my let
ter in which, after showing that, to a certain point of tirae, our
national honor had been preserved inviolate, I proceed to. show
that the subsequent course of eveqts had not been equally fortu
nate. I remark, that England never urged the United States to
enter into a conventional arrangeraent by which the joint action of
the two countries in the suppression of the slave trade might be
secured. You pronounce this statement a mistake, and assert that
the proposition carae from our government.
That the particular raode, in vvhich the government should act
in concert, is finally arranged in the treaty, was suggested by
yourself, I never doubted. And, if this is the construction I am
to give to your denial of my correctness, there is no difficulty upon
the subject. The question between us is untouched. All I said
was, that England continued to prosecute the matter, that she pre
sented it for negotiation, and that we, therefore, consented to its
introduction. And if Lord Ashburton did not come out with in-^
structions frora his governraent to endeavor to effect some arrange
ment upon this subject, the world has strangely misunderstood one
of the great objects of his mission ; and I have misunderstood that
paragraph in your first note, where you say that Lord Ashburton
comes with full powers to negotiate and settle all matters in dis
cussion between England and the United States. But the very
fact of his coraing here, and of his acceding to any stipulations
respecting the slave trade, is conclusive proof, that his government
were desirous to obtain the co-operation of the United States. I
had supposed our government would scarcely take the initiative in.
this matter, and urge it upon that of Great Britain, either in Wash
ington or in London. If it did so, I can only express my regret,
and confess that I have been led inadvertently into an error.
You then proceed to reraark, in continuation of this tissue qf
mistakes, that, in entering into this arrangement, the United States
did not depart from the principle, of avoiding European corabina-
tions upon a subject not Araerican, because the abolition of the
slave trade is equally an Araerican and European subject. This
may be so ; I may be wrong in the application of the principle.
But such an erroneous conclusion scarcely justifies the epithet of
an adventurous statement, one of a tissue of mistakes. But, apart
frora this, I still think that combinations of this kind are among
the "entangling alliances," against which the great statesraan,
whose exposition of our constitution will go down to posterity with
the instrument itself, warned his countryraen. And the perpe
tually recurring difficulties which are presenting theraselves in the
execution of the conventions between France and England upon
this subject should be a caution to nations against the introduction

180

LIFE OF GENERAL CASS.

of new raaritirae principles, whose operations and results it is diffi
cult to foresee.
But is the suppression of the African slave trade one of those
Araerican objects, in the attainment of vvhich we ought to seek the
co-operation of other nations, and regulate our own duties and
theirs by treaty stipulations ? I do not think so. In the first place,
the; principle would necessarily lead us to form alliances with every
raaritirae nation. It is not England alone whose flag rides over
the seas. Other countries must co-operate, if any co-operation is
necessary. And if we have made propositions to England to join
us in this effort, I do not see why we stop there and deprive our
selves of the aid which the action of other nations would cifford.
I doubt if the people of this country are prepared for such exten
sive combinations.
But again, while fully agreeing with you in all the odium you
cast upon that infaraous traffic, it appears to me that any object
interesting to huraanity, and in vvhich nations raay with propriety
engage, has the sarae claim, if not in degree, at least in principle,
upon our interference, and calls upon us for a union with other na
tions to effect it. It may be easily seen, not where such a doctrine
would conduct us, that escapes human sagacity, but toward what
ruinous consequences it leads.
You conclude this branch of the subject, by informing me that
you are directed by the President to bring to iny "serious consid
eration and reflection the propriety of such an assumed narration
of facts, as your dispatch in this respect puts forth."
I shall not say one vvord to give the President any cause of of
fence, and if I felt that I was justly obnoxious to this censure, I
should submit to the rebuke in silence. He would have a right to
make it, and it would be my duty to acquiesce. But I have that
confidence in his innate love of justice, that he will receive my
explanations, and judge me by my words, and not by unauthorized
constructions. Now, in all that I have said in the paragraph to which you al
lude, and which you have so strongly qualified, you have pointed
out but one fact, as erroneous, and that is the assertion, that the
introduction of the subject of the slave trade into the treaty was
due to the application of England. And whether even this was an
error depends upon the construction to be given to your explana
tion. All else, I repeat it, all else, to the very least idea, is matter
of inference. It is ray deduction frora the circumstances of the
case. I may be right or wrong, logically, in the conclusions I
have reached ; but certainly I ara not morally responsible for their
correctness, as I should be if I asserted merely naked facts. It is,
therefore, with not a little astonishment I have read and re-read
what I wrote, and the commentary you have been pleased to make
. upon it. It is neither necessary nor proper that I should renew
the general subject of ray letter, and therefore I do not feel it ray
.duty to trouble you with any remarks respecting the views you

LIFE OF GENERAL CASS. 181
have presented rae of the pretensions of the British governraent to
search our ships. But when you proceed to array ine against my
self, I mast claim the right to vindicate my own consistency. You
quote me, and quote me correctly, as saying, that, up to the deli
very of the annual message of 1841, our national dignity was un-
comproraitted. You then ask what has since occurred to corapro-
mit this dignity, and you add eraphatically that I shall myself be
the judge of this, because in a subsequent part of my dispatch I
say the mutual rights of the parties are wholly unchanged. And
you ask, if they are unchanged, what ground there is on which to
found a coraplaint against the treaty. I think that a very brief re
trospect will be the best answer I can give to this question, and
that it will redeem rae frora the iraplied charge of inconsistency.
I never said nor intiraated in my dispatch to you, nor in any
manner whatever, that our government had conceded to that of
England the right to search our ships. That idea, however, per
vades your letter, and is very apparent in that part of it which
brings to my observation the possible effect of my views upon the
English government. But in this you do me, though I am sure
unintentionally, great injustice. I repeatedly state, that the recent
treaty leaves the rights of the parties as it found them. My diffi
culty is not that we have made a positive concession, but that we
have acted unadvisedly in not raaking the abandonraent of this
pretension a previous condition to any conventional arrangeraent
upon the general subject. I had supposed, till I read your letter,
that this view was too distinctly expressed in ray dispatch to admit
of any misconstruction. I vvill condense into a small space what
I deem it necessary to say in defence of my consistency.
England clairaed the right, in order as she said, to carry into
effect certain treaties she had forraed for the suppression of the
slave trade, to board and search our vessels upon the high seas,
wherever she might find them. Our government, with energy and
promptness, repelled this pretension. Shortly after, a special Bri
tish ambassador arrived in our country, having powers to treat up
on this raatter of the slave trade. The negotiation terrainated by
an arrangeraent vvhich secures the co-operation of the United
States in the efforts that England is raaking upon this subject. But
not a word is said upon the serious claim that subjects to the naval
inquisition of a commercial rival our ships, vvhich the enterprise
cf our merchants is sending to every part of the globe. And yet
this claim arises out of the very subject raatter erabraced in this
treaty. We negotiate with England for the suppression of the
slave trade, at the very raoraent her statesraen are telling us in no
raeasured terras, that to suppress it she will violate our flag, and
that she will never give up this pretension. Now here it appears
to me the government should have stopped. The English negotia
tor should have been told, "We abhor as much as you do the traffic
in huraan beings, and we will do all that our peculiar institutions
perrait to put an end to it. But we will not suffer this matter to

182 LIFE OF GENERAL CASS.
be made the pretext for wounding our honor and violating our
rights. We will not take a single step till you renounce this claim.
We have denounced it already, and if we should negotiate upon
the subject raatter without settling this preliminary question, it may
seem like an abandonment of the ground we have taken, or an in
difference to the consequences."
Had this course been pursued, the sincerity of the British go
vernraent would have undergone a practical test, frora which there
would have been no escape. It would not have been necessary to
quote the last dispatch of Lord Aberdeen to show what he raeant
in another, or Lord Palraerston in the first. If such a proposition
had been raade and accepted, our honor would have been vindica
ted, our rights secured, and a bright exaraple of sincerity and rao
deration would have been given to the world by a great nation.
If it had been rejected, that would have proved that our co-opera-
lion in the suppression of the slave trade was a question of rainor
iraportance, to be sacrificed tothe preservation ofa pretension in
tended to introduce an entire change in the raaritirae police ofthe
world. Why this very obvious course was not adopted, I ara utterly at
a loss to conjecture ; and that it was not, is precisely the objection
to which the whole arrangement is liable. Instead of the high
ground we should then have occupied, we now find ourselves seri
ously discussing the question, whether or not England will enforce
this claim. That she will do so when her interest requires it, I
have no raore doubt than I have that she has already given us abun
dant proof that the received codeof public law is but a feeble bar
rier when it stands in the way of power and arabition. Lord Pal
merston and Lord Aberdeen both tell us she will.
You refer to that part of ray letter in which I observe that the
effect of the new stipulation is to place our municipal laws in sorae
measure beyond the reach of Congress, and reraark that such is
often the effect of commercial treaties. It is so, and we can only
expect to obtain comraercial advantages by stipulations for corres
ponding advantages, which, while they endure, are beyond the
reach of ordinary legislation. This is matter of necessity. But
this necessity does not exist in the punishraent of crimes. We
are able to enforce our own laws ; and I do not see that the power
to enforce those of England gives us any just compensation for
permitting her to interfere in our crirainal code, whether the of
fence is coraraitted upon the land,.or upon the water. It seeras to
me a principle fraught with dangerous consequences, and vvhich a
prudent governraent had better avoid.
There is but one other topic which I consider it necessary to
advert to, but that is an important one, and I pray your indulgence
while I briefly allude to it.
You speak of the ratification of the treaty by the President and
Senate, and add that it does not appear to you that I had any
grounds of coraplaint because their opinion was at variance with

LIFE OF GENERAL CASS. ' 183
•mine. I submit that this is making an issue for rae which I have
not made for myself In no part of my letter vvill be found the
slightest iraputation upon the President or Senate for the ratifica
tion of this treaty. I could not make such an iraputation for the
plain reason that I never censured the ratification. I ara under
the impression, if I.had a vote to giye, I should have been found with
the majority upon that occasion. This, however, would have been
upon the condition that some declaration should be annexed to the
act cf ratification denouncing the pretension to search our ships.
I would then have sent the instrument to the British government,
and placed upon thera the responsibility of its final rejection or
ratification ; and I am sure we should have had the opinion of the
¦world with us under such circumstances.
The rejection of a treaty duly negotiated, is a serious question ;
to be avoided whenever it can be without too great a sacrifice.
Though the national faith is not actually committed, still it is raore
or less engaged ; and there were peculiar circurastances, growing
out of long standing difficulties, which rendered an araicable
agreement of the various matters in dispute with England a subject
of great national interest. But the negotiation of a treaty is a far
different subject. Topics are omitted or introduced at the discre
tion of the negotiators, and they are responsible, to use the lan
guage of an eminent and able Senator, for " what it contains and
what it omits." This treaty, in ray opinion, omits a raost irapor
tant and necessary stipulation, and therefore as it seems to me, its
-negotiation in this particular vvas unfortunate for the country.
In conclusion, I beg you to tender to the President my thanks
for the kind appreciation he made of my services in the letter of
recall, .and to express to him ray hope that, ona full consideration
ofthe circurastances, he will be satisfied that if ray course was not
one he can approve, it at all events was such as to relieve rae from
the charge of an improper interference in a subject not within the
sphere of my duties.
I must pray you, as an act of justice, to give the sarae publicity
to this letter that you raay give to ray letter of October 3d and to
your answer. Very respectfully, sir, I have the honor to be.
Your obedient servant,
LEW. CASS.
Hon. Daniel Webster, Secretary of State.
The foregoing letters were made public by a call of the Senate
¦upon the President for the Correspondence relating to the quintu
ple treaty. When Gen. Cass was at Washington, upon his return
to this country, which was after the receipt by the Secretary of
State of his letter of December Uth 1842, he was under the ira
pression that the controversy between hiraself and Mr. Webster was
terminated. He was therefore greatly surprised by the receipt at

184 LIFE OF GENERAL CJfeS.
Detroit, of a communication from Mr. Webster, on the 7th of
March 1843, post raarked Washington, February 23rd 1843, and
bearing date December 20th 1842, at which last date Gen. Cass
was at Washington, and having there received no answer, or inti
mation that there would be one to his letter of Deceraber Uth
1842, he considered, and so stated that the controversy was closed.
It seeras that Mr. Webster, desiring to have the last word, pre
pared and published with the official correspondence, a reply to
Gen. Cass' letter of Deceraber Uth, vvhich was not seen by the
General until the following March, and to which he had no oppor
tunity of replying prior to the authoritative call of the Senate for
the correspondence. This somewhat singular and disingenuous
proceeding of Mr. Webster, compelled Gen. Cass to appear again
before the public with a letter in reply. In this letter, which is
here given at length, the positions of Mr. Webster are examined
and dissected ; his arguments analyzed and demonstrated to be
untenable. The impression produced by this letter generally in the
minds of the people, was that raore care in the negotiation of the
treaty, a raore strict and energetic requirement by the Secretary
of State of certain disavowals and acknowledgements by the En
glish ambassador, would have rendered the treaty more consistent
with the position assumed and raaintained by our government in
regard to the right of search.
LETTER FROM LEWIS CASS,
Late American Minister at Paris, to Daniel Webster, Secretary.
of State, on the Right of Search, Dated March 7th 1843.
<! Detroit, March 7th 1843.
Sir : I have just received your letter dated Deceraber 20, 1842,
and postmarked " Washington, February 23, 1843," vvhich com
mences by stating that ray letter of the Uth instant (that is, my
letter of Deceraber Uth 1842) had been subraitted to the President..
I had no desire to continue the correspondence, which has aris
en" between us. I had said all I felt called upon to say in my own
defence, and I had determined there to leave the subject. This
deterraination I expressed to you iraraediately before I left Wash
ington in January, when you intiraated to rae, that you should prob
ably answer ray letter of Deceraber 1 1th. I should not have de
parted from this resolution, had I not felt it due to myself, that
the actual date of the receipt of your letter should be established.
I have reason to suppose, that the correspondence between us^

LIPE OF GENERAL CASS. 185
has ere this been submitted to Congress, and that it will thus come
before the nation. Your late letter has no doubt made part of
these documents, and persons reading it may well suppose it was
written the twentieth of December last, and received by me while
I vvas yet at Washington.
The error vvill, no doubt, be readily explained at the department,
for I need hardly say I ara sure it was unintentional. But in the
meantirae it may do me serious injury ; for while at the seat of
government, where this correspondence was well known, I more
than once stated that ray letter of Deceraber eleventh was un
answered. It is essential, therefore, to rae that it should be known, that this
statement was true, and this can only be done by spreading the
correction as widely as the error has been spread.
This is ray first and principle reason for writing you, and with
out this reason I doubt if I should have broken the silence I intend
ed to keep, though there are passages in your letter, that might
well have induced rae to depart from this resolution. The cor
respondence has already grown to an unreasonable length, and I
am very unwilling to prolong it; but as I am compelled to write,
from the circurastances adverted to, I shall, without further apolo
gy, proceed to. examine some of the topics presented in your last
letter, and also to call to your observation some very offensive re
marks contained in your despatch of November fourteenth, and, to
my surprise, repeated in the recent one. Before doing this how
ever, I shall advert to one view presented in the November letter,
and which the haste, with which my reply was written, prevented
me frora considering.
Even if I had entertained a desire still further to discuss the
questions, vvhich have arisen between us out of the treaty of Wash
ington, the course which events, connected with that treaty, are
now taking, would have rendered such a measure wholly unneces
sary for any purpose, I had originally in view. All 1 feared and
foretold has come to pass. The British pretension to search our
ships, instead of having been put to rest, has assumed a raore
threatening and iraposing forra, by the recent declaration of the
British governraent, that they intend to enforce it. As you already
know, the seventeenth of last September, the very day I read the
treaty in a New York paper, I solicited ray recall. I stated to you
I felt that I could not remain abroad, honorably for myself nor
usefully for our country ; and that I considered the omission of a
stipulation in that treaty, which settled the African slave trade
question, to guard against the right of search or visitation, or by
what other narae it raay please the British government and country
to express this claim to violate our flag and to board our vessels,
as a fatal error ; considering particularly, that this pretension had
been first put forth and justified in connexion with that traffic.
And so viewing the subject, I felt that the course I had taken in
France in opposition to the ratification of the quintuple treaty,

186 LIFE OF GENERAL CASS.
which was intended to engraft this principle upon the law of na
tions, had not been supported by the governraent, as I thought it
it should have been.
In my protest to M, Guizot, of February thirteenth, 1842, I had
staked my diplomatic situation and character upon this support.
Your letter of April fifth, 1842, conveyed the President's approv
al of ray conduct, and this you consider, in your letter of Novem
ber fourteenth, 1842, as taking frora rae all further responsibility.
You say, that " having delivered my letter to M. Guizot, and
having read the President's approbation of that proceeding, it is
most manifest that you could, in no degree, be responsible for what
should be done afterwards, and done by others." You add, as a
corollary from this proposition, that " the President, therefore,
cannot conceive what particular or personal interest of yours was
affected by the subsequent negotiation here, or how the treaty, the
result of that negotiation, should put an end to your usefulness as
a public minister at the court of France, or in any way affect your
oflicial character or conduct."
The answer to this is so obvious, that I cannot but express ray
surprise it has escaped your observation, A diploraatic agent,
without instructions, takes a responsible step, which he thinks
called for by the honor and the interests of his country. He states,
that he acts without the knowledge of his governraent, and that, if
unsupported, he must return home. You think that the approval
of his course by his own governraent absolves him from all further
responsibility, and that, happen what may, his honor and usefulness
are unimpaired. My opinion is far different. If his government
approve his course upon paper, and abandon, in effect, the meas
ures he advocates, he cannot represent his country as his country
ought to be represented abroad. And I may safely add, that no
man, fit to be sent upon a foreign mission, would hesitate a mo
ment as to the course he ought to pursue. He would not entrench
hiraself behind his paper approval, for, if he did, he vvould hear
words of reproach respecting his government, which no raan of
honor could submit to. In ray case you approved my proceedings,
but, as I say and believe, you did not guard against this pretension
of England to search our ships, vvhich occasioned my interposition,
as it should have been guarded against ; and thus, in fact, left rae
unsupported. It is by this process of feeling and reasoning, that I reached the
conclusion you censure in no measured terms, and I trust you will
now see " how the treaty, the result of that negotiation, should
put an end to my usefulness as a public minister at the court of
France." It put an end to it, because I said the Araerican Government
would resist the right of search. The government said the saine
thing, but unfortunately went on to raake a treaty, respec tingthe
slave trade with England, vvithout saying a word about this pre
tension, at the very tirae England had announced to the world that

LIFE OF GENERAL CASS. 187
she would search our ships, in order to carry into effect the trea
ties she had negotiated with other nations upon this very subject-
matter. And now I ara gravely told, that I might have reraained,
after this, the representative of ray country, because ray official
conduct and character were not affected.
I am not considering which of us is right in his view of the
proper course of the governraent respecting this treaty. I lay that
out of the question. I contend that, in ray opinion, I was not suf-
ficiendy supported, and this being so, that I ought to have return
ed. You contend that my opinion has nothing to do with the mat
ter; that the government took upon itself the responsibility, and
therefore, even if a treaty had afterwards been negotiated " con
taining provisions in the highest degree objectionable, however
the government raight be discredited," the minister, was free; and
that his "usefulness" could not be thereby affected.
I shall not argue this point with you. It is a question of feel
ing, quite as much as of reasoning, and he who would reraain at
a foreign court under these circurastances, to represent a "dis
credited" governraent, has no sentiments in coraraon with me up
on the subject. You state in your letter, dated December 20, that
a declaration guarding against this claim to search our vessels,
would have been " no raore suitable to this treaty than a declara
tion against the right of sacking our towns in tirae of peace, or
any other outrage." You enlarge upon this proposition, and, in
fact, a considerable portion of your letter is occupied with the de
fence of the omission of such a declaration. You suppose I had
advanced the idea "that soraething should have been offered to
England as a benefit, but coupled with such a declaration or con
dition as that, if she received the boon, it vvould have been a re
cognition by her of a claira, which we raake as a raatter of right."
You add, that the President, satisfied of the justice of the Ame
rican doctrine, has "avoided to change this ground, andto place
the just right of the country upon the assent, express or iraplied,
of any power whatever." "The goveirnraent thought no skilfully
extorted proraises necessary in any such cases," &o. All this,
and ranch raore in your letter upon this topic, appear to me very
extraordinary. I never made a suggestion of the nature you sup
pose. I never, for a raoraent, presuraed the governraent would
hold out to England a consideration for the disavowal of this pre
tension. What I really said, I will here repeat frora ray letter to
you of February 15, 1842. But, before quoting the paragraph, I
will make a quotation frora what immediately precedes, to show
that I had a correct notion of what would be the course of Eng
land. The holy Chinese war is ended, and the British army has
withdrawti to the east of the Indies. The pattern republic, as we
are contemptuously called, can now be attended to.
After showing that this pretension to search our ships is a claim
to which this country can never submit, I remark: "The next
question is, will England yield?" "It is our safer course to be-

188 LIFE OF GENERAL CASS.
lieve she will not, and, looking to her line of policy, that, too, is
our natural course. Wherever she has planted a foot, whether on
marsh, moor, or mountain, under the polar circles as under the
tropics — I will not say never; that word does not belong to the
deeds of man — but rarely has she withdrawn it. Whenever she
has asserted a pretension, she has adhered to it, through good re
port and through evil report, in prosperity and in adversity, with
an iron will aud a firra hand, of which the history of the world af
fords no equal example since the proudest days of the Roraan em
pire," &c. ; " and the time has come when we must look her de
signs in the face, and determine to resist or to yield. War is a
great evil, but there are greater evils than war, and araong these
is national degradation. This we have never yet experienced, and
I trust we never shall."
"If Lord Ashburton goes out with such modified propositions
upon the various questions now pending between the two govern
ments as you can honorably accept, the result will be a subject of
lasting gratification to our country. And more particularly if, as
I trust, before entering into any discussions, he is prepared to give
such explanations as will show, that we have raisunderstood the
intentions of the British governraent respecting this claim of a
right to change the law of nations, in order to accommodate it to
their treaty stipulations and its practical consequences — a claim
to enter and search our vessels at all times and in all places. This
preliminary proceeding would be worthy of the gravity of the cir
curastances, and equally honorable to both governments."
Whether, in all I said above respecting the tenacity of England
in the prosecution of her clairas, new or old, I was justified by the
characteristic traits ofher history, let me be judged by the late em
phatic declaration of the chief of the British cabinet, made to the
House of Coraraons, and through thera to the world ; and vvhich,
we are significantly told, was cheered by both sides of the House :
and whether I ara right in saying that I never thought of propo
sing that a " benefit" should be offered to England for the relin-
quishraent of this pretension, as you allege, let me be judged by
my own words.
My letter of December Uth, is in accordance with these views.
After stating the nature of this claim, I continue : " Now here, it
appears to rae, the government should have stopped. The En
glish negotiator should have been told ; We abhor as much as you
do this traffic in human beings, and we vvill do all our peculiar in
stitutions permit, to put an end to it. But we will not suffer this
matter to be made the pretext for wounding our honor and viola
ting our rights. We will not take a single step, till you have re
nounced .this claira. We have already denounced it ; and if we
should negotiate upon this subject matter, without settling this pre
liminary question, it vvould seem like an abandonment of the
ground we have taken, or an indifference to the consequences."
This last paragraph touches, in my opinion, the true issue be-

LIFE OF GENERAL CASS. 189
tween us of this part of the controversy. You say that the inser
tion of a declaration against the right of search " would have been
no more suitable to this treaty, than a declaration against the right
of sacking our towns in time of peace," &c., &c. ; and hence
draw the conclusion that its omission was both honorable and po
litic. As this sin of omission is the principal charge I make against
this treaty, and as it is the one you labor most earnestly to reason
away, I must be permitted again briefly to refer to it.
The British governraent, in order, as they said, to execute cer
tain treaties they had forraed for the suppression of the slave trade
clairaed the right to board and exaraine Araerican ships. The
American government denied this pretension, and thus stood the
parties before the world. Then coraes a British negotiator to our
shores, to settle the subjects in difference between the two coun
tries. Two of these are settled. One is this slave-trade question ;
the very question which gave rise to the raonstrous pretension that
is preparing for us so rauch trouble. And this is distinctly adrait
ted in the President's raessage, which states that, " after the bound
ary, the question which seems to threaten the greatest embarrass
ment was that connected with the African slave trade."
You negotiated upon the subject-ra alter, knowing the construc
tion the British governraent had given to its other slave treaties,
and knowing, what is clear in itself, as stated in ray letter of Oc
tober 3d, 1842, and what Sir Robert Peel has now fully confirmed,
that " if a British cruiser meet a vessel bearing the American flag,
where there is no Araerican ship to exaraine her, it is obvious that
it is quite as indispensable and justifiable that the cruiser should
search this vessel to ascertain her nationality, since the conclusion
ofthe treaty, as it was before." The error, therefore, was iri ne
gotiating upon this very subject, leaving to the other party to say
we have concluded an arrangeraent respecting the slave trade with
you, since our mutual pretensions concerning the right of search
have been raade known. You were aware that our claira arose
out of that subject, and, as you have not guarded against it, we
shall enforce it.
As to the analogy between such a claira and one to sack a town
in tirae of peace, it is a sufficient answer to say, that when such a
pretension is solemnly put forth to the world by England, I shall
think any government deserving the severest reprobation, wbich
would go on and negotiate upon a subject-matter connected with
the origin of such a claira, without sufficient security against it;
more particularly if, as in this case, the subject-matter relates to a
question of general benevolence, urged upon us, no doubt, by the
most philanthropic motives, but which no just principle requires us
to intermeddle with, at the sacrifice of the first attributes of our
independence. You make some remarks upon the impropriety of requiring from
'any nation a solemn renunciation of an unjust pretension, and you
proceed to observe that the President "has not sought, but, on the

190 LIFE OF GENERAL CASS.
contrary, has sedulously avoided, to change the ground, and to
place the just rights ofthe country upon the assent, express or im
plied, of any power whatever." " The government thoiight no
skillfully extorted jiromises necessary in any such cases."
As to the extortion of promise, it is a question of ethics, which
has no place here. As to the propriety of requiring a nation for
mally to disavow an unjust pretension before entering into a nego
tiation with her, or, if she will not do so, of then telling her, we
shall stand upon our public denial of your claira, and will not ne
gotiate with you, it- seeras to rae that such a course is equally hon
orable and politic. Is not diploraatic history full of these efforts
to procure such disavowals, and who before ever expressed a doubt
of the policy of these raeasures ? Have we not, tirae after tirae,
endeavored to induce England to stipulate, that she would not im
press seamen from our ships? And did you not, in the course of
the late negotiation vvith Lord Ashburton, strive to procure the
solemn abandonment of this claira? There is conclusive proof of
this in your letter to the British minister of August Sth, 1842,
where you say, after having conversed with him, that " the govern
ment ofthe United States does not see any utility in opening suchi
negotiation, unless the British government is prep)ared to renounce
the practice in all future wars."
You reraark, also, in the same letter, that " both before and'
and since the vvar, negotiations have taken place between the two-
governments, with the hope of finding some means of quieting these
complaints" (of impressment.) You allude also to the' convention
formed for this purpose by Mr. King, in 1803, and to the " utter
failure of many negotiations upon this subject."
Were all these fruitless efforts, so long carried on, liable to the
objection you raise, that any nation, calling upon another to dis
avow an unjust pretension, weakens its own cause, and " that no
interpolation ofa proraise to respect thera, (that is, our rights and
dignity,) ingeniously woven into treaties, would be likely to afford
such protection ?"
Now, what becoraes of the analogy you seek to establish, and
which by a reductio ad absurdum, is intended to show that these
conventional disavowals of contested pretensions are " skillfully ex
torted proraises," inconsistent vvith our dignity and interests?
What becoraes of the claira to sack our towns in time of peace,
and of "protests," vvhich you liken to Chinese figures painted on
cities, to frighten away the enemy ?
From the tirae of Washington to this day, alraost every adrain
istration has sought to procure frora the British governraent a sol
emn relinquishment of her claim to impress our seamen, and never
before ji^as it discovered that the effort vvas unworthy and dishon
orable. And, during all the period ofthe long war between England and
France, at the close ef the last century and at the beginning of
this, when the laws Qf nations and the rights of neutrals were

LIFE OF GENERAL CASS. 191
equally contemned, how many attempts were made by our govern
ment to induce that of Great Britain to abandon her unjust pre
tensions, and to stipulate that she would no more exercise them ?
and that, too, for a " boon." Our public docuraents are filled with
proofs of this. I shall refer to one or two, which even you will
deem conclusive.
In a letter frora Mr. Madison to Messrs. Monroe and Pinkney,
dated May 20th, 1807, our negotiators are told, " that, " without
a provision against irapressraent, substantially such as is conterap-
lated in your original instructions, no treaty is to be concluded."
Again, in a letter frora Mr. Madison to Mr. Monroe, dated Jan
uary Sth, 1804, the forraer reraarks that " the plan of a conven
tion, contemplated by the President, is limited to the cases of im
pressraent of our seamen, of blockades, of visiting and searching
our vessels, of contraband of war, and of the trade vvith hostile co
lonies, with a few other cases, affecting our maritime rights, em
bracing,, however, as inducements to Great Britain to do us justice
therein, a provision for the surrender of deserting seamen and sol
diers, and for the prevention of contraband supplies to her ene
mies." Then follows the plan of a convention for these purposes.
And this projet was the work of Mr. Madison, directed by Mr.
Jefferson, and addressed to Mr. Monroe. The " rights and dig
nity" of the United States vvere as safe in their hands, as they will
ever be in mortal hands. And even if I had recoraraended, as I
have not, a " boon," or " favor," or " benefit," to be given to Eng
land, in consideration ofher relinquishment ofthis offensive claim,
I should not have wanted higher precedents to justify me.
You object to the suggestion I made, that a declaration should
have accorapanied the ratification of the treaty, denying the right
to search our ships ; and you ask, apparently eraphatically, if this
had been done, and if the British "government vvith equal inge
nuity had appended an equivalent written declaration that it should
not be considered as sacrificing any British right, how much more
defined would have been the right of either party, or how rauch
more clear the meaning and interpretation of the treaty?"
I am very unwilling to believe you do not wish to deal sincerely
with rae in this raatter, and I raust, therefore, attribute the strange
error, you have committed, in the construction of my language, to
a hasty perusal of it. Had you read it with due care, you would
have found that I spoke not of an ex parte declaration, but of a
declaration mutually assented to, and which thereby would have
'oecome a portion of the treaty : a declaration, putting a construc
tion upon the instrument, which would thus have been ratified with
a knowledge of it. After meeting your assertion, that the tenden
cy of ray letter was to impute blarae to the President and Senate
for the ratification of the treaty, and showing that it vvas not the
ratification but the negotiation I censured, I add, 'Jl ara under the
impression, if I had had a vote to give, I should have been found

192 LIFE OF GENERAL CASS.
among the majority upon that occasion. This, however, would
have been upon the condition, that some declaration should be an
nexed to the act of ratification, denouncing the pretension to
search our ships. I would thus have sent the instruraent to the
British governraent, and placed upon them the responsibility of its
final rejection or ratification, and I am sure we should have had
the opinion of the world vvith us under such circumstances." I
need add nothing to this branch of the subject. It is clear that I
spoke here of a conditional ratification, depending upon the assent
to be given by the other party to the declaration concerning the
claira of search. There would have been here no room for the
diplomatic retort you suggest. There could have been no counter
declaration, for then the whole arrangement would have been void.
As I said in my letter of Deceraber Uth, "Had this course been
pursued, the sincerity of the British government vvould have un
dergone a practical test, from which there would have been no es-
cape. It would not have been necessary to quote the last despatch
of Lord Aberdeen to show vvhat he raeant in another, or Lord Pal
merston in the first. If such a proposition had been made and
accepted, our honor vvould have been vindicated, our rights secu
red, and a bright example of sincerity and raoderation vvould have
been given to the world by a great nation. If it had been rejected,
that would have proved that our co-operation in the suppression of
the slave trade was a question of rainor importance, to be sacrificed
to the preservation of a pretension, intended to introduce an entire
change into the maritime police of the world." "Why this very
obvious course was not adopted, I ara utterly at a loss to conjec
ture, and that it was not, is precisely fhe objection to which the
whole arrangement is liable. Instead of the high ground we should
then have occupied, we find ourselves seriously discussing the
question whether or not England will enforce this claira."
There was a very uncourteous tone pervading your letter to me
of Noveraber 14th, 1842 ; a kind of official loftiness, which, how
ever it may suit other meridians, does not belong to an Araerican
functionary writing to an American citizen. My answer to that
letter was very hastily written. It was prepared, as you will per
ceive by the date and by your receipt of it, the very day the post
master of New-York handed rae your coramunication,
I was aware that the subject ought to occupy more tirae, and
that justice was not done to it. But you had intimated pretty dis
tinctly in your letter, that our correspondence was to be published,
and I was apprehensive it might, soraehow or other, find its way to
the public before I could correct the erroneous irapression, which
your letter was calculated to produce. Under these circurastan
ces, my attention was drawn to the general course of reasoning
rather than to the mode in which this was conveyed ; and, although
there were one or two paragraphs, so plainly uncourteous, that
they could not escape my observation, still I passed them by, hav
ing little taste for a war of words ; but, in your letter dated De-

LIFE OF GENERAL CASS. 193
cember 20th, and received February 23d, these offensive expres
sions are repeated, and the same process is adopted to prove me
guilty of misstatement, vvhich is contained in the preceding letter.
I met this attempt atthat time without any reference to the lan
guage which you used. I shall meet it again ; but I shall take
leave to precede my defence by reminding you of the comity,
which an American Secretary of State owes to his countrymen.
You say "the President is not a little startled, that you should make
such totally groundless assumptions of fact, and then leave a dis
creditable inference to be drawn frora thera. He directs me not
only to repel this inference, as it ought to be repelled; but also to
bring to your serious consideration and reflection the propriety of
such an assumed narrative of facts, as your despatch, in this re
spect, puts forth."
"The President cannot conceive how you should have been led
to adventure upon such a statement as this. It is but a tissue of
mistakes." "All these stateraents, thus by you made, and which
are so exceedingly erroneous," &,c.
And, in your last letter, you say that, "in attempting to escape
from some of the mistakes of this tissue, you have fallen into
others," &c.
Following your example, it would have been easy to find a retort
for these expressions, which would want neither point nor truth.
But my own self respect, and, still more, my respect for that great
tribunal of public opinion, which is to judge between us, forbid
me from iraitating your course upon this occasion. I would re
mind you, that there is nothing in your official position, nothing in
our relative situation, which can justify this lofty assumption of
superiority. I doubt if a parallel can be found in diplomatic his
tpry since Napcleon swayed the destinies of the world. But the
use, which you make of the President's narae, in this undignified
language, is even more to be regretted than the epithets them
selves. That high functionary should not be invoked, when a pri
vate citizen is thus assailed. Under different circumstances, such
conduct might be imitated by the other party, and a system of
crimination and of recrimination introduced into the correspon
dence of the departraent, equally injurious to the public interest,
and incompatible with the public honor. Upon the present occa
sion, no such result will happen. I have too rauch respect for the
Chief Magistracy of ray country, and too much regard for the dis
tinguished individual who occupies that high post, to introduce his
narae unnecessarily into this discussion ; and, notwithstanding you
have appealed to hira, I shall still consider the language as yours,
and not as his. Many others would not be as forbearing. I say
the "language," for it is that which I censure, I do not question
your right, nor the right of any other person, freely to examine
and to meet statements and| arguments at discretion. But let this
be done with the courtesy of a gentleman. ^
I shall now proceed, as briefly as possible, to examine these
13

194 LIFE OF GENERAL CASS.
charges of a»i assumed narrative of facts ; of groundless assump
tion, and of a tissue of mistakes, vvhich you have once and again
preferred against rae. But first, let us see vvhat is the grave fault
you allege I have committed. I will state it in your own words : ¦
" Before examining the several objections suggested by you, it
may be proper to take notice of what you say upon the course of the
negotiation. In regard to this, having observed that the national
dignity of the United States had not been compromitted dovvn to
the time ofthe President's message, at the last session, you proceed
to say : But England then urged the United States to enter into a
conventional arrangement, by vvhich we might be pledged to con-'
cur with her in measures for the suppression of the slave trade.
Until then, we had executed our ovvn laws in our own way^ But,
yielding to the application, and departing from our former princi
ple, of avoiding European combinations upon subjects not Araeri
can, we stipulated, in a soleran treaty, that we would carry into
effect our ovvn laws, and fixed the miniinura force we would era
ploy for that purpose."
After this quotation, you thus continue ; " The President can
not conceive how you should have been led to adventure upon such
a stateraent as this. It is but a tissue of mistakes. The United
States yielded to no application from England ; the proposition
for abolishing the slave trade, as it stands in the treaty, was an
American proposition; itoriginated with the executive governraent
ofthe United States, which .cheerfully assumes all its responsibili
ty. It stands upon its own mode of fulfilling its duties, and ac
complishing its objects. Nor have the United States departed, in
this treaty, in the slightest degree frora their former principles, of
avoiding European corabinations upon subjects not Araerican ;
because the abolition of the African slave trade is an Araerican
subject as eraphatically as it is an European subject, and indeed
more so, inasmuch as the government of the United States took
the first great step in declaring that trade unlawful, and in atterapt
ing its extinction. The abolition of this traffic is an object of the
highest interest to the Araerican people and the Araerican govern
ment ; and you seem strangely to have overlooked the important
fact, that nearly thirty years ago, by the treaty of Ghent, the Uni
ted States bound themselves, by a solemn compact with England,
to continue ' their efforts for its entire abolition,' both parties
pledging theraselves, by that treaty, to use their best endeavors to
accomplish so desirable an object."
" Again, you speak of an important concession made to the re
newed application of England. But the treaty, let it be repeated,
makes no concession whatever to England. It complies with no
demand, conforras to no request. All these statements, thus by
you made, and which are so exceedingly erroneous, seem calcula
ted to hold up the idea that, in this treaty, your government has
been acting a subordinate or even a coraplying part." And then
follows the grandiloquent passage I have already quoted, commenc-

LIFE OF GENERAL CASS. 195
ing in such a solemn style, that the President vv;is " startled" at
all these grievous offences of mine.
Thus stands your charge in the letter of November Uth, 1842.
It is renewed in that of December 20th. In ray answer to the first
I vindicated myself, and I thought successfully, against your com
plaint, and never supposed it vvould again rise up in judgraent
against me. I told you that you had qualified as a tissue of mis
takes a paragraph which contained one statement, as a fact, to
wit : that England had urged our government to enter into a trea
ty stipulation for putting an end to the slave trade, to which we
yielded. I told you still further, why I, as well as the world, sup
posed that the application for this stipulation came frora England.
"She had pursued this object steadily for forty years, and she had
sent out a special minister charged to negotiate upon that as well
as upon other subjects. We had no interest to forra a slave trade
convention. You refer to the treaty of Ghent as creating obliga
tions upon this raatter, but that treatv makes not the slightest al
lusion to any further arrangements, and has no more connexion
with the treaty ot Washington, than with the convention respect
ing armed vessels upon the lakes. It was complete in itself, and
neither required nor looked to any other stipulations between the
parties. And we had executed it in good faith.
For these reasons, I supposed that Lord Ashburton carae out to
propose to us to enter into another treaty upon this subject ; and I
thus stated it as an historical fact. In ray answer, I further called
to your observation that the rest of the paragraph was raatter of
inference or deduction, not admitting qualifications applicable, not
to inferences, but to assertions. As I shall, by and by, have oc
casion to refer again to this branch of the subject, I shall not pur
sue it any further at present.
In your last letter you reiterate, in substance, what you had previ
ously said, and add, that " it would appear frora ill this, that that
which in your first letter appeared as a direct statement of fact,
of which you would naturally be presumed to have had knowledge,
sinks at last into inference and conjecture." Now, here is avery
obvious error, which, by the slightest attention to what I said,
would have been avoided ; but I will not qualify the raistake as a
tissue of anything. I did not say that the stateraent of facts, to
which you refer, was all raatter of inference. I said expressly,
that the stateraent respecting the desire of England, that we should
enter into this negotiation was put forward as a well-known fact,
but that " all else — I repeat it, all else — to the very least idea, is
matter of inference." Let the correctness of this assertion be judg
ed by a reference to the paragraph. You continue : " But in at
tempting to escape from some of the mistakes of this tissue, you
have fallen into others."
You then refer to my stateraent, that England continued to pro
secute the matter, and that we consented to its introduction. This,
however, it is very clear, is but the sarae idea before suggested

196 LIFE OF GENERAL CASS.
and combatted in your first letter. You say the English " minis
ter no more presented the subject for negotiation than the govern
ment of the United States presented it."
You then ask me to " review my series of assertions on this sub
ject, and see whether they can possibly be regarded, merely as a
stateraent of your own inference."."
It would be but a waste of tirae to repeat what I have already
said, that I assuraed as an historical fact, believed by everybody,
that Lord Ashburton carae to urge the negotiation of this treaty,
and that upon this point we yielded to the desire of England.
When you say this is one of the " inferences" to which I refer,
you furnish me vvith language and statements which are not my own.
But, after all, why this strange pertinacity in dwelling upon this
point ? Why this studied and repeated atterapt to prove rae
guilty of a tissue of mistakes, because I believed Lord Ashburton
subraitted propositions upon this question of the slave trade, and
that our governraent acceded to thera ? I have already shown,
that this opinion was a natural one, and held in comraon with the
country, and I trust I shall show this still raore clearly. But even
if not so, how does this change the state of things ? Does it prove
that the negotiator was more sagacious, or the treaty more useful
and honorable ? The result is the same, and the inquiry is there
fore confined to the process. You will please to recollect I object
ed that we had yielded to the application of England, and raade a
treaty upon this subject, without guarding against a dishonorable
pretension she had advanced respecting it.
This is the whole charge, which has provoked all this " start
ling" reproof To this you answer, as though this answer took
away all censure, that the " British minister no more presented the
subject for negotiation than the government of the United States
presented it ;'' that is, in other words thatthe matter was jointly
conducted and terminated. And is it possible you can believe that
this circumstance takes away the grave responsibility of an irapro-
vident arrangement, which left us worse than it found us ; and,
what is sincerely to be deplored by every American, which led the
President of the United Stales, in his annual message to Congress —
a document read by the world — to put a construction upon this
instrument, which the English prime minister has contradicted in
the most solemn raanner, and in no measured terms? The Pre
sident, in his raessage of 1841, says that this claim of " visit and
inquiry" was " regarded as the right of search, presented only in
a new forra, and expressed in different words," and he adds that
he had denounced it as inadraissible by the United States. He
then proceeds to speak of the recent treaty, and thus continues :
" From this it will be seen that the ground assumed in the mes
sage (to wit, that the United States would never submit to this
new-fangled claim of ' visit and inquiry') has been fully maintain
ed, at the same time, that the stipulations of the treaty of Ghent
are to be carried out in good faith by the two countries, and .that

LIFE OF GENERAL' CAs'S. 197
all preteiice is removed for interference with our commerce for any
purppse hy a foreign government." \
This construction the English government deny, and boldly
avow their adherence to the claim to board and examine our ves
sels. Now, where can you find one word in the treaty, which but
intiraates that this question respecting " visitation" has been even
taken up or touched ? Unfortunately, no such word is there ; nor
is there any^principle of sound construction, which can supply its
place. What I said to you in ray letter of October 3d, upon this
topic raay, perhaps, produce raore irapression now than it did then.
It has been raarvellously confirraed. I reraarked : " In carefully
looking at the 7th and Sth articles of the treaty providing for the
suppression of this traffic, I do not see that they change in the
slightest degree the pre-existing rights clairaed by Great Britain
to search our ships. That claira, as advanced both by Lord Pal
merston and Lord Aberdeen, rests on the ass uraption that the trea
ties between England and other European powers upon this sub
ject could not be executed without its exercise, and that the hap
py concurrence of these powers not only justified, but rendered it
indispensable. By the recent treaty we are to keep a squadron
on the coast of Africa. We have kept one there for years; during
the whole tirae, indeed, of these efforts to put a stop to this raost
iniquitous coramerce. The effect of the treaty, therefore, is to ren
der it obligatory upon us, by a convention, to do what we have
long done voluntarily — to place our municipal laws in some raea
sure beyond the reach of Congress, and to increase the strength
ofthe squadron eraployed on this duty."
" But if a British cruiser meet a vessel bearing the American
flag where there is no Araerican ship of war to exaraine her, it is
obvious that it is quite as indispensable and justifiable, that the
cruiser should search this vessel to ascertain her nationality, since
the conclusion ofthis treaty as it was before. The rautual rights
ofthe parties are in this respect wholly untouched; their preten--
sions exist in full force, and what they could do prior to this ar
rangeraent they raay do now ; for though they have respectively
sanctioned the eraployment of a force to give effect ' to the laws,
rights, and obligations ofthe two countries,' yet they have not pro
hibited the use of any other measures, which either party may be
disposed to adopt."
What was opinion, when I wrote, has now become fact.
In all this I beg not to be raisunderstood. I do not wish again
to subject myself to the charge you made against me of favoring
the pretensions of England. That is one of the last offences I de
sire to comrait, or, if I knovv myself, that I am likely to commit.
I think the pretension she advances to search our vessels, and to
call this search a " visitation," is one of the most injurious and
unjustifiable clairas of raodern days. I would meet the first exer
cise ofit by war. It leads directly to impressraent, and subjects
jour whole coramercial marine to the mercy of a jealous rival. It

198 LIFE OF GENERAL CASS.
is but another step in her march towards universal domination I
do not believe our government have acknowledged this claim, or
ever thought of acknowledging it. I beHeve the President and all
his cabinet are too honorable and too patriotic ever to harbor a
thought of their surrendering one of our proudest national rights.
But, as I said before, it is an act of omission and not of comrais
sion I censure. It is because a treaty has been made embracing
the slave trade, and because no security is found there against the
exercise of this pretension, which threatened, as the President said
in his raessage, the greatest embarrassment, and was " connected
wifh the African slave trade."
But to return to your charge of my want of good faith in this
" tissue of raistakes." In any discussion concerning the origin
and nature of the propositions, which led to the 7th and Sth arti
cles of the treaty of Washington respecting the slave trade, you
have greatly the advantage over any antagonist. It is a remarka
ble fact, and without precedent, probably, in modern diplomacy,
that not one written word is to be found in the documents relating
to this treaty, which passed between the negotiators, and which
led to this new and important stipulation. I presume these func
tionaries raet often, and conversed upon the various topics pend
ing between thera, and then sorae protocol of their meeting, or
some correspondence, was prepared, embodying their views. One
would suppose that this course was necessary, as well for thera
selves, as for the inforraation of their governments, and, I may
add, in the case of the Araerican negotiator, for the information
of the people — equally his sovereign and the sovereign of the
government he represented — was all this omitted, or has it been
suppressed ? As was said by a senator frora Pennsylvania, in the
debate upon the ratification of the treaty, and said with as much
beauty, "The tracks of the negotiators were upon sand, and the
returning tide has effaced them forever."
In the question relating to impressraent there is no such reserve.
We have a letter on that vital subject from each party ; and yet
this correspondence led to nothing ; and when it was prepared, it
would lead to nothing. Why it is there, it passes my comprehen
sion to judge. When, in conversation with the British negotiator,
you found he was not prepared to make any concession upon this
subject, why introduce it at all. and give his governraent another
opportunity to assert its pretension, and to avow its deterraination
to enforce it ? What was gained by this ? You could hardly ex
pect to shed new light upon a question discussed by Jefferson and
Madison; and you could hardly expect, that any declaration of re
sistance to the practice could be raore eraphatic, than the resist
ance ofthe last war, and the nuraerous reraonstrances against the-
doctrine with which our diplomatic history abounds. An irapor
tant subject is introduced into the treaty without any discussion ;
and another, still raore iraportant, is discussed without introduc
tion, and with the full knowledge that it would not be introduced..

LIFE OE GENERAL CASS. 199
Allow me again to spread before you the paragraph you quote,
and which contiins the " tissue of mistakes," which occupies so
conspicuous a place in your letter :
" But England then urged the United States to enter into a con
ventional arrangement, by which we might be pledged to concur
with her in the measures for the suppression of the slave trade.
Till then we had executed our own laws in our own way ; but,
yielding to this application, and departing from our former prin
ciple of avoiding European corabinatioijs upon subjects not Araer
ican, we stipulated in a soleran treaty that we would carry into
effect our own laws, and fixed the rainirauin force we vvould em
ploy for that purpose."
This is the whole charge, as you make it. This is the paragraph
in reference to which you say "the President cannot conceive how
you should have been led to adventure upon such a statement as
this." Now let us analyze this raatter, and see if it is as "start
ling" as you suppose. How many facts are here stated ? and, of
these, how many are denied or doubted ?
First. England urged us to make a treaty for the suppression of
the slave trade.
Second. We yielded to this application.
Third. Before then, we had executed our own laws in our own
way. Fourth. We departed thereby frora an old principle of avoiding
European combinations upon subjects not Araerican.
Fifth. We stipulated we would carry into effect our own laws.
Sixth. We fixed the minimum force we would employ for that
purpose. Here is the whole indictment. Now for the defence.
I suppose I raay pass over the second fact. It depends entirely
upon the first, and is, in truth, a part of it. If England urged this
treaty upon us, and we thereupon assented to the negotiation of
it, we of course yielded to the application. I suppose I raay pass
over the third fact : no one will dispute its truth. Or, if it is de
nied, let it be shown when, before now, our laws were enforced by
virtue of treaty stipulations. I suppose I may passover the fourth.
It is matter of opinion, as I said in my former letter — of inference.
No one can place it in that category of facts, for the truth of which
he who advances them is morally responsible. You say that the
suppression of the slave trade is interesting to the United States;
and that therefore we have not departed, in the formation of the
treaty, from the wholesorae maxira of non-combination. I say it
is interesting, also, but that our duties can be fully performed with
out any European combination ; and that such a mutual arrange
ment is injurious, and violates one of the articles of our political
faith : and, in proof of the danger of these arrangements, I refer to
the "perpetually recurring difficiilties, which are presenting them
selves in the execution of the conventions between France and
Eugland upon this subject." I suppose I may pass over the fifth

200 LIFE OF GENERAL CASS.
fact, for no one can question that, by the treaty, we do stipulate to
carry into effect our own laws. The eighth article expressly de
clares that the object is to "enforce the laws," &c., of each ofthe
two countries. I suppose, also, I raay pass over the sixth fact, for
the same eighth article provides that the squadron to be eraployed
in suppressing the slave trade shall "carry in all not less than
eighty guns." Here is the rainimura. We thus removed five of
these condemned facts from the act of accusation. There remains
one to support the charge you have made, and to justify the un
qualified language you have employed. And what is this solitary
proof of my bad faith? Here it is. I said that England had
urged our government to enter into stipulations for suppressing
the slave trade, to vvhich we had yielded. I ara "startled" my
self at the iraportance you attach to ray views of this matter, and
to the gravity ofthe proof these have led to. I have already re
marked, that all the world supposed Lord Ashburton carae here
with propositions upon this, as well as upon sorae other subjects,
in dispute between the two governments; and, at the raoraent I
ara writing, I find in the papers an extract of a letter frora Mr.
Everett to you, presented to the House of Representatives by Mr.
Gushing, which fully confirras my previous impressions. In that
letter Mr. Everett says, he was told by Lord Aberdeen, on the
27th of December, 1841, that Lord Ashburton vvas going to the
United States "vvith full power to settle any point in discussion,
irabodying what vvas called the right of search, vvhich was the raost
difficult." And another incident comes opportunely to confirm
all this. It is the statement of a senator, who, from his position,
ought to know the circurastances, and who, from his high charac
ter, is entitled to all credit. Colonel King said, in the senate, on
the 23d ultimo, speaking ofthe claim to visit our vessels, "It was
intolerable." Here, then, was a direct point of collision, and that
was what brought Lord Ashburton to this .country with the view
of adjusting this difficulty.
I may express the surprise I felt when I read the following par
agraph in your last letter, urged vvith as much emphasis, as though
the merits ofthe treaty, and of our whole controversy, turned up
on this point. Truly, when such undue importance is given to a
topic, so little meriting it, when its discussion occupies seven folio
pages of your last letter, and three pages of its predecessor, and
when the view you present is raost elaborately prepared, I may
well presurae that a substantial defence of your various positions
is not easily found. This is the paragraph :
"Suppose your letter to go before the public unanswered and
uncontradicted ; suppose it to raingle itself with the general polit
ical history of the country, as an official letter araong the archives
of the Departraent of State ; would not the general raass of readers
understand you as reciting facts, rather than as drawing your own
cpnclusions ? as stating history, rather than as presenting an argu
ment ? It is of an incprrect narrative that the President ccraplains ;

LIFE OF GENERAL CASS. 201
it is that, in your hotel in Paris, you should undertake to write a
history of a very delicate part of a negotiation carried on at Wash
ington, with which you had nothing to do, and of which you had
no authentic infprmation ; and which histpry, as ypu narrate it,
reflects net a little pn the independence, wisdpm, and public spirit
ofthe administration."
Strange, indeed, that this "history," and "narrative," and "del
icate part of a negotiation," &.c., &c., &c., are to be charged to a
simple suggestion, or assertion if you please, that Lord Ashburton
came over to make propositions to the governraent, respecting the
slave trade, which were accepted.
But, before quitting this topic, I shall appeal. to your own author
ity. You reraarked to rae, in your letter of Noveraber 14th, that
"the United States yielded to no application frora England. The
proposition for abolishing the slave trade, as it stands in the treaty,
was an American proposition : it originated with the executive go
vernment of the United States, which cheerfully assumed its re
sponsibility." You reraarked, in your letter of Deceraber 20th,
"Now, the English minister no more presented the subject for ne
gotiation, than the governraent ofthe United States presented it;
nor can it be said, that the United States consented to its intro
duction, in any other sense, than it may be said, that the British
minister consented to it." AU this is too diplomatic for me. I
can neither clearly comprehend what is meant in the last quotation,
nor, so far as I comprehend it, can I reconcile it with the other.
Whether either fairly contradicts my suggestion, that the introduc
tion of the slave trade stipulation into the treaty, was due to the
application of England, I leave to those, who are more competent
to judge your language than I am, to determine. At first, it is a
guarded proposition, that the provision, as it stands in the treaty,
is the work ofthe Araerican governraent; and, at last, this pro
vision owes its paternity, as much to one government as to the
other. But I may well appeal to your own candor to say, if the special
pleading in the first quotation meets the issile between us. I said
we consented to the introduction ofthe slave trade stipulation into
the treaty, upon the application of England, and you do not spare
your reproof for this assertion, through ten pages of your letters,
because the proposition, as it stands in the treaty, was an Ameri
can proposition.
But, if you mean by all this, that Lord Ashburton did not make
any proposition to our governraent upon this subject, but that you
pressed it upon hira, as you would seera to intimate, in order to
repel the suggestion I made, then I must be permitted to say, that
there is nothing more extraordinary in all our diplomatic history.
I shall not enlarge upon this topic, but merely ask, what benefit
an Araerican negotiator saw for his country in this arrangeraent
connecting us with another nation, and exposing us, both in prin,
ciple and practice, to consequences, which huraan sagacity cannot

202 LIFE OF GENERAL CASS.
even conjecture ? I will ask, in the words of the President's mes
sage, what adjustment of a difiiculty of great magnitude and im
portance, in relation to this matter, took place, if it was not this
very question ? What other " embarrassment (still in the words
of the raessage) was connected with the African slave trade ?"
Both Lord Palraerston and Lord Aberdeen, in 1841, expressly dis
avowed the right to search American vessels, with a view to pre
vent their engaging in the slave trade. They both declared, and
Sir Robert Peel repeated the declaration in his late speech, (I
quote the words of the last :) "The right of search, connected with
American vessels, we entirely disclaim. Nay, more ; if we knew
that an Araerican vessel was furnished with all the materials, re
quisite for the slave trade, &-c., still we should be bound to let that
vessel pass on." And that our government knew these views, is
distinctly stated by the President, in his raessage, who says that
Lord Aberdeen "expressly disclairaed all right to detain an Amer
ican ship on the high seas, even if found with a cargo of slaves on
board, and restricted the pretension to a raere claira to visit and
inquire.'''' This claira, the President adds, " was regarded as the
right of search, presented only in a new forra, and expressed in
different words, and I therefore felt it ray duty to declare, in ray
annual message to Congress, that no such concession could be
made ; and that the United States had both the ability and inclin
ation to enforce their own laws," &.c. I repeat, then, what other
point remained to be adjusted upon this general subject, but this
very claira of visitation 1 and if this was not adjusted, as it is now
clear it vvas not, vvhat "adjustment" did take place? And why was
the stipulation introduced into the treaty, as though we could not
keep a squadron on the coast of Africa, and execute our own laws,
without binding ourselves in a soleran convention with Great Bri
tain to do so ? And all this you intimate, without even a request
on her part I
I here close this controversy ; and I shall close the correspond
ence by a few remarks upon the serious position, in which our
country is now placed. It affords me no pleasure to find that all
I foretold respecting the course of the British government, in rela
tion to this pretension to search our ships, has been signaUy con
firmed by the recent declaration of Sir Robert Peel. The accom
plishment has soon, tPP soon followed the prediction. I said, in
ray letter to you of February 15th, 1842, as I have already stated,
that England rarely, if ever, abandoned a pretension, and that in
my opinion she would enforce this. And in my letter to ypu pf
Deceraber Uth, 1842, speaking pfthe prpbability that she weuld
carry intp effect her doctrine, I said : "That she will do so when
her interest requires it, I have no raore doubt than I have that she
has already given abundant proofs, that the received code of pub
lic law is but a feeble barrier, when it stands in the way of power
and arabition. Both Lord Palmerston and Lord Aberdeen tell us
she will." And now, a greater than either has said so, and, as the

LIFE OF GENERAL CASS. 203
London Times expresses it, he has said it in the most emphatic
manner. And what, then, is our position? Sir Robert Peel has
declared that the British government never will relinquish this
claim to search our vessels, calling it a visitation ; and the Lon
don Times, the great exponent of the principles and purposes of
the English government and aristocracy, said, on the 31st of last
Deceraber, a month before this declaration, that, "England has not
abandoned one tittle ofher claim (to search our vessels;) the treaty
does not afford the smallest presuraption, that she has ; and the
United States would find that the right would continue to be un
flinchingly, (aye, that is the word,) unflinchingly exercised." And
it adds, that this "essential right of the British navy" would never
be relinquished. Sir Robert Peel is a cautious statesraan. He
does not deal in abstractions. He does not raake declarations in
the face ofthe world, to reraain inoperative, particularly when such
declarations are cheered by both sides ofthe House, in a raanner
to show, beyond a doubt, that they are responded to by the public
feeling of the country. And the Times, well informed of the views
of the government a month before they were communicated to the
nation, would not have said that the right ivould be unflinchingly
exercised, if it were to remain a dead letter.
We all know to what this pretension leads, and to what it is' in
tended to lead : that it will virtually subject our whole comraercial
marine to the English navy. It is an insult to the common sense
of the world to talk about a difference, in their effects, between a
search for one purpose, and a search for another ; and to call a
search to ascertain the character of a vessel, and to carry her in
for condemnation — at the will of a midshipman, perhaps, if he be
lieves, or affects to believe she belongs to one country and claims
to belong to another — to that great gulf, always ready to swallow
American property, a British court of admiralty — to call, I say,
such a search a visitation, and, by this change of narae, to justify
the pretension — all this was reserved for the nineteenth century.
For, vvhat is a " visitation?" It is not enough to look at the flag ;
for any " bunting," as Lord Palraerston calls it, may be hoisted.
It is not enough to look at the men, for all marines contain foreign
ers, as well as natives. It is not enough to look at the papers, for
these may be simulated. It is not enough to look at the log-book,
for that may be false or forged. It is not enough to look at the
cargo, for that proves nothing. But it is obvious, that all these
will be looked at to satisfy the inquisitor and his inquisition.
' The London Sun said, last year, very justly, "If the Americans
sanction the examination of their ships, for the mere purpose of
ascertaining if a vessel bearing the American flag is bona fide an
American vessel, they sanction a rigid examination of the vessel
herself" And it is to be borne in raind, that the right to exam
ine presupposes the right to send in, if the exaraination is not sat
isfactory to the officer, and to conderan if not satisfactory to the
judge.. What follows, let our history frora 1793 to 1815 tell.

204 LIFE OF GENERAL CASS.
But this is the least injury, sought to be entailed upon us.
Heretofore, agreeably to her own doctrine, England could only ira
press our searaen in tirae of war; for she claimed the right to bpard
our vessels, merely as a belligerent right, which ceased when she
was at peace. And she conceded — and so said the Prince Regent,
in his celebrated declaration of January 9th, 1813, in answer to
the manifesto of the American government — that a British cruiser
could not board an Araerican ship for the purpose of impressment;
but that, having once entered under a legal right, then the board
ing officer could seize whoever he pleased, to be transferred to a
foreign navy, there to fight against his own country. Now, the
British government has devised a plan, by which our vessels may
be boarded in tirae of peace, and thus the whole searaen of the'
United States raay be placed at the disposition of England, in peace
and war.
We now understand the full value of irapressraent, and why Lord
Ashburton would not relinquish it ; and we understand what the
London Times means, when it says that " this right of visitation,
•which is to be 'unflinchingly exercised,' is essential to the British
navy." No pretension, in raodern tiraes, has advanced raore rapidly than
this. It is but a year or two since Lord Stowell, the well-known
English admiralty judge, solemnly decided that "no nation can ex
ercise a right of visitation (raark that vvord) and search upon the
coraraon and unappropriated part of the ocean, except upon the
belligerent claira." And still later, the Duke of Wellington said,
in the House of Lords, "that if there was one point raore to be
avoided than Bnother, it was that relating to the visitation of ves
sels belonging to the (Araerican) Union." The first tirae we heard
ofthis pretension, as a serious claira, was from Lord Palraerston
on the 27th of August, 1841, and the next was frora Lord Aber
deen on the 13th of October following; and it was then put forth
as "indispensable and justifiable," in the execution of certain slave
trade treaties, forraed with the "States of Christendom." Now,
the British government claim that it has become a settled part of
the law of nations. And our ships are to be searched, says Sir
Robert Peel, to ascertain if a "grievous wrong has not been done
to the American flag." This is really one of the most extraordi
nary assumptions of modern days. Our flag is to be violated, to
see if it has been abused ! The whple cpuntry knpws where the
" grievous ¦ wrong " vvould be, if this principle vvere carried into
practice. It becomes every American to ask, if he is prepared to yield this
right of search. For rayself, I think it is better to defend the out
works, than the citadel; to fight for the first inch of territory rather
than for the last ; to maintain our honor when attacked, rather
than to wait tifl we have none to be attacked or maintained ; and
such, I trust and hope, will be the unwavering deterraination of
the government and of the country.

LIFE OF GENERAL CASS. 205-
What I anticipated, when I coramenced this letter, has come to
pass. The docuraents called for by Colonel Benton have been sent
into the Senate, as I perceive by the last papers. Your recent
letter will now go out with the others, and reach the American
people. I have no means of clearing myself from the difficulties
you have spread around rae, but by subraitting my views, as you
have submitted yours, to the decision ofthe country. I ara now a
private citizen. Twice, since I becarae such, you have presented
to me, in elaborately prepared documents, your sentiments upon
some important topics, arisingout ofthe late treaty. These docu
ments now make part of the political history of the country. There
are, therefore, no considerations of duty nor of propriety to restrain
me from appealing to the same great tribunal to judge between us:
from endeavoring to redeem myself from some severe charges you
have raade against me. I have been written at, but the public
have been written to. I shall, therefore, not hesitate to authorize
the imraediate publication of this letter, being little disposed to
leave it to be buried in the archives of the Departraent of State.
At the raoraent of signing my letter, the President's message of
February 27th, 1843, respecting the treaty of Washington and the
right of search, has reached rae. I think every American should
go with the President in his reprobation ofthis doctrine. I refer,
however, to the raessage, to say, that had it been in ray possession
when the body of this letter was prepared, I should have quoted it
instead of quoting the other raessages, because in^ this the views
are raore elaborately prepared than in those, showing that the claim
of visitation was perfectly comprehended "by our governraent when
this treaty was negotiated; that it was denounced as wholly inad
missible, and that the treaty vvas supposed to have made " a prac
tical settlerrient of the question."
One or two reflections force themselves upon my mind, which
I shall submit to you, even at this late moment.
In the first place, this claim to search our vessels, under the
pretence oi visiting thera, though connected in its origin, or rather
announced as connected, with the African slave trade, is co-exten
sive with the ocean. The principle, upon vvhich it rests, so far
as it rests on any, are of universal application. For, wherever
a British cruiser meets a vessel bearing the American flag, si^ch
cruiser may wish to knovv if a " grievous wrong" has been com
mitted, and whether she is truly what she appears to be.
Such are the necessary consequences of this doctrine, and such
we now ascertain is the extent to which it is to be pushed. It is
distinctly announced by Sir Robert Peel, in his late speech, that
this right of visitation is not necessarily connected with the slave
trade, and this is confirmed by the Times, which says, " that this
right has obviously no intrinsic or neccessary connection with
the slave trade," and "that it is a part of the marine code of
nations." How, then, could a conventional arrangement, obliging us to

206

LIFE OF GENERAL CASS.

keep a squadron upon the coast of Africa, guard against its exer
cise, or "supersede," in the words ofthe raessage, "an^ supposed
necessity, or any raotive, for such exaraination or visit?" Again,
How could it guard against these effects, even if the operation of
the doctrine were limited to search or visitation in slave trade lat
itudes ? England said to us — We have made a treaty vvith France,
by which we have a right to search her ships, and to send them in
for conderanation, if they are engaged in the slave trade. If we
cannot search your ships, we cannot execute this treaty, because
a French vessel, by hoisting an Araerican flrg, will place herself
beyond the reach of our cruisers; therefore we shall visit your
ships. Now, it is manifest, that our squadron upon the coast of Africa,
win not change in the slightest degree this state of things. A
French vessel may still hoist the American flag, and thus protect
a cargo of slaves, so far as this protects it, in any part of the great
ocean, from the African coast to the coast of Brazil. Is this
squadron of eighty guns, or is any vessel of it, to be every where ?
And where it is not, vvhat will prevent any ship from placing an
American flag at its masthead ?
I ara stating, not defending, the British doctrine, and I do not
enter here, into those obvious considerations, which demonstrate
its fallacy and injustice. This I have attempted elsewhere, but
with what success it does not become me to judge. I attempted
to show, that because any ofthe " States of Christendom" choose
to forra treaties for the pttainraent of objects, military, comraercial,
or philanthropic, such mutual arrangeraents give them no right to
change the established laws of nations, and to stop and search our
vessels upon the great highway of the world. It is the slave trade
to-day, but it raay be the sugar trade to-morrow, and the cotton
trade the day after. But besides, it is obvious that all cases put
by the British political casuists, in support of this new doctrine,
are raere questions of identity, where he vvho does the deed and
boards the vessel acts, not upon his right, but upon his responsi
bility, and, like the sheriff who arrests a person upon a writ, is jus
tified, or not, according to the result.
But it is clear, that this claira, as asserted, is not at all incon
sistent vvith our new treaty stipulation ; that this stipulation does
not render unnecessary the exercise of the claira; and, therefore,
that as it does not expressly, so neither does it by fair iraplication,
"make a practical settlement" of the question; nor does "the
eighth article" remove "all possible pretext, on the ground of mere
necessity, to visit and detain our ships upon the African coast,
because of the alleged abuse of our flag by slave traders of other
nations." Very respectfully, &c.,
LEW. CASS.
Hon. Daniel Webster,
Secretary vf State, Washington.

LIFE OF GENERAL CASS. 207
The apprehensions entertained by Gov. Cass, were realized by
the construction which the English ministry gave to the treaty, on
this point of negotiation. They insisted, that by the treaty no
concession had been raade by England of her claim of right to
stop and search our vessels. This was the objection urged by
Gov. Cass, and the nation against vvhich he was directing his
efforts, through her ministry, singularly confirraed his arguraent, in
opposition to the ground assuraed by Mr. Webster. The question
was left, by the treaty, in the condition in which the negotiation
found it. The parties to it, differed in their understanding of its
meaning, and the British governraent raade no secret of its inten
tion to deny the construction placed npon the treaty by the United
States governraent. It distinctly said, that the right of search
never formed the subject of discussion during the negotiation, nor
was any concession required by the United States or made by
Great Britain. In this discussion Gov. Cass took, from the first,
high grounds, and successfully maintained them. He demonstrated
the inutility of insisting that a concession had been made, when,
in fact, there was none. " Let us," said he, " abandon all profit
less diplomatic discussion, and, strong in our rights, let us meet
the first violation of our flag, which is coraraitted by order of the
British government, as nations ought to meet systeraatic attacks
upon their honor and independence."
" I trust,'' said he, on another occasion, " we shall resist this
monstrous pretension, to the last extremity; if, in doing so, war
comes, let it come — there are evils greater than vvar, and a nation
which abandons its honor and forfeits its self respect, must 'becorae
the reproach of its coteraporaries, and its narae a bye-word to
posterity." Beyond question. Gov. Cass established the fact, that Great Bri
tain, in seeking to obtain the ratification of the quintuple treaty,
had, especially, if not solely, in view the enslaveraent of the trade
and commerce of the world, and to subject thera to her control,
and make them tributary to her Aspiring greatness. How rauch,
then, do we, as Americans, owe ; how much does the world not
owe to the decisive action of Gov. Cass, which protected their
rights frora being swallowed in the rapacious maw of an ambitious
and grasping nation?

208 LIFE OF GENERAL CASS.
Mr. Webster, though so formidable an antagonist, was com
pletely overwhelmed by the force of arguraent brought against his
treaty, by Gov. Cass. The letter of Gov. Cass, dated March 7th,
1843, was never answered by Mr. Webster. He merely informed
Gov. Cass, in a brief note, that he had cursorily glanced at a por
tion ofit, and, after more attentive perusal, if occasion required,
he would reply to it at length. This he never found " occasion"
to do. To this day, the reasoning and argument of Gov. Cass
stand without even an attempt at refutation from the great negoti
ator and constitutional expounder.
The discussion with Mr. Webster, had the happy effect of plac
ing Gov. Cass, in his true light, before his country. His feflow
citizens admired his boldness and skill, in baffling the schemes of
Great Britain ; and they sustained hira in his objections to the
treaty of Washington. With their approbation cheering him, he
could well bear with composure the attacks of his political oppo
sers and the vulgar vituperation and abuse of foreign peers and
presses.

CHAPTER XI.
Gov. Cass' opportunities for acquiring knowledge of the schemes of diplomsu-
tists — His success in th-warting their plots against the welfare ofhis country —
His return to the United States — The reception given to him by the people of
Boston — Letter from Gen. Jaclison — The welcome extended to him by the cit
izens of the towns and villages through which he passed on his journey to De,-
troit — His letter to the Committee of the Democratic Convention of Indiana —
Gen, Cass regarded by the people as a Candidate for the Presidency — Public
opinion, The annexation of Texas — Gen, Cass' letter advocating annexation,.
The Baltimore Convention of 184i — Govi Cass' letter read in that Conven
tion — His name withdrawn for the sake of union and harmony — Nomination of
James K. Folk — Gov. Cass supports the nomination — iVIeetshis fellow citizens
in various parts ofthe country and advocates the election of Mr. Polk — Great
Democratic victory.
Gov. Cass frora his position in public life has enjoyed opporta-
nities of acquiring a thorough knowledge of the scheraes and plans,
formed by European Cabinets to promote their particular aggran
dizement. His accurate perception and tact has enabled him on
more than one occasion, to frustrate the deep laid and well disguised'
plots of the most celebrated and able diplomatists of Europe. Men
of all political parties in the United States, vvith some few excep
tions, have been forced by the palpable, self evident benefits de
rived from his services, to award to him the credit of obtaining;
them, when frora political prejudice, they would gladly have with
held their admission. The gratification of receiving an approving
voice from his political opponents, has been enjoyed by Gpv. Cass,
tp an extent, unequalled in the career pf any pther erainent citi
zen of the Republic, since the days of Washington.
He was greeted on his arrival in this country, by the applaud
ing voice of his countrymen, without distinction of party. He
was regarded and treated as the man of the nation. His "faith
ful services and energetic proceedings at an iraportant crisis in
his distinguished mission" to use the language of the citizens of
Boston, had endeared him to every American heart, whose feel
ings sought expression in some public acknowledgement of their
gratitude. There was all over the country a spontaneous exhibi
tion of admiration and esteem, for the man who unawed by the
Z4

'210 LIFE OF GENERAL CASS.
potentates of the old world, stood forth, even then unsustained by
his own government, their single opposer, when they attempted to
interpolate in the maritime law ofthe world, their selfish concep
tions of their own interests, involving an outrage upon the Ameri
can flag, and an infringement of the rights of American Seamen.
It was truly a sublime spectacle, and the people loved to picture
it before them, when the plain and unostentatious representative
ofthis free Republic, at the proudest Court of Europe, surrounded
by the noble, and learned, and experienced ministers ofthe Great
Powers — arose in the might ofthe great principles he advocated
and said to them in the thunder tones of an American freeman
" "^'my Country will have none of this — she will never subrait to have
her ships stopped on their course by any or all of the nations of
the world."
The following letter signed by numerous distinguished citizens
ofthe New England Metropolis is but one of hundreds of sirailar
expressions of public opinion. "Boston, Dec. 7, 1842.
Sir : — The undersigned citizens of New England, would con
gratulate your Excellency on your safe return to your native coun
try after your faithful services and. energetic proceedings at an
important crisis in your distinguished mission; and respectfully
request that you will give thera and their fellow-citizens an oppor
tunity of expressing personally the high respect which your public
career and private virtues have uniforraly inspired.
"Returning as you do with the approbation of that generous
people, who were the first, and for a long tirae, the only friends of
our fathers, we should prefer that the raeeting should be at such a
time as would suit your convenience, in Faneuil Hall, — the spot
in which of aO others, Araericans would desire to welcome her de
serving ones.
"We are, with sentiments of the highest consideration, your
Exceflency's most obedient servants.
It is a reraarkable fact, and one which so seldora exists in the
'career of public officers, that it excites our surprize when it oc
curs, that in regard to Gen. Cass no objection was ever raade to
the manner in which he conducted the most difficult and intricate
functions of the numerous offices, which he filled. Seven times in
succession and under four successive Presidents, he was nomina
ted Governor of Michigan, and seven tiraes confirraed by the Uni
ted States Senate without a single vote against, or a single represen-

LIFE OF GENERAL CASS. 211
tation against him from the hardy pioneers over whora he presided.
The venerable occupant of the Herraitage, whose personal inter
est in the success of Gov. Cass, was amply satisfied by its results,
addressed the following letter of warm approval to the Gov.
To the Hon Lewis Cass ; — Hermitage, July 1843.
My Dear Sir : — I have the pleasure to acknowledge your friendly
letter ofthe twenty-fifth of May last. It reached me in due course
of mail : but such were my debility and afflictions, that I have been
prevented from replying to it until now ; and even now it is with
difficulty that I write. In return for your expressions with regard
to myself, I have to reraark, that I shall ever recollect, my dear
General, with great satisfaction, the relations, both private and of
ficial, which subsisted between us, during the greater part of my
administration. Having full confidence in your abilities and re
publican principles, I invited you to ray Cabinet ; and I can never
forget with what discretion and talents you met those great and
delicate questions which were brought before you whilst you pre
sided over the departraent of war, which entitled you to my thanks,
and will be ever recollected with the most lively feeling of friend
ship by me.
But what has endeared you to every true Araerican, was the
noble stand which you took, as our minister at Paris, against the
quintuple treaty, and which, by your talents, energy, and fearless
responsibility, defeated its ratification by France — a treaty intend
ed by Great Britain, to change our international laws, make her
mistress of the seas, and destroy the national independence, not
only of our own country, but of all Europe, and enable her to |)e-
come the tyrant on every ocean. Had Great Britain obtained the
sanction to this treaty, (with the late disgraceful treaty of Wash
ington — so disreputable to our national character, and injurious to
our national safety) then, indeed we raight have hung up our harps
upon the willow, and resigned our national independence to Great
Britain. But, I repeat, to your talents, energy, and fearless re
sponsibility, we are indebted for the shield thrown over us from the
irapending danger which the ratification of the quintuple treaty by
France would have brought upon us. For this act, the thanks of
every true Araerican, and the applause of every true republican,
are yours ; and for this noble act I tender you ray thanks.
Receive assurance of my friendship and esteera.
ANDREW JACKSON.
In the principle cities and towns of the Union, the presence of
Gov. Cass, created a desire araong all classes, to see and talk with
the man who had by his straightforward advocacy of freedom and
republicanism, drawn the claws from the feet of the British Lion.
His visit to Washington, immediately on his return, created great

212 LIFE OF GENERAL CASS.
sensation there, not only among the the people, but among the
leading politicians of the land. They saw, the future President
ofthe United States. They felt, that sooner or later, Lewis Cass,
would be the Chief Magistrate of this Union. Reraaining inWash-
ington until nearly the close of January, Gov. Cass then left on his
journey horaewards to Detroit. His route was through Pennsylvania
and Ohio, in accordance with the expressed wishes ofthe citizens
of those states, who wished to receive and take by the hand, the
man who led their volunteers to war in 1812, and who, thirty
years afterwards, again baffled the same foe against the liberties
and rights of his country, whora he assisted, to overthrow on
the banks of the river Thames. His route was one continued
scene of triumph, the more grateful as it vvas the spontaneous, un
solicited oblation of gratitude and esteera, to one who was then a
private citizen, without the attractions or the power of high of
ficial station. As Gov. Cass approached the boundaries of his
own state, the people became enthusiastic in their preparations to
receive him. The municipal authorities, and literary and me
chanical associations, united with private citizens, to show, in an
impressive and becoraing raanner, their appreciation ofthe benefits,
they as citizens had received from his services.
The citizens of Detroit were stimulated by emulation in their ar
rangements for his reception. A committee preceded by rail road
to meet the Governor at Ypsilanti, and escort him to the city.
They arrived at the depot in IJetroit, on the fourteenth of Febru
ary, about two o'clock in the afternoon. Here they were met by
a large concourse of citizens, who, with the Governor of the state,.
members of the legislature, the military and civic associations had
assembled to welcome home, their friend and fellow citizen. The
proceedings were alike creditable to the people, and gratifying to
the object of their attentions. Dr. Houghton, the Mayor of Detroit,
in behalf of the citizens, received Gov. Gass, with an appropriate
address, to which the Gov. replied in a beautiful and touching
manner, alluding to his early connection with Michigan, when
though he had the misfortune to behold a foreign flag replace that
of our own upon the site of our beautiful city, it was perraitted him
in the Providence of God, to aid in the expulsion of the enemy and
erect again the national banner over Pur city and strait. He spoke

LIFE OF GENERAL CASS. 213
•of the fortitude and fidelity of our early citizens, in braving the
evils of those tiraes, and in adhering to their country, when the
woes of that period, when danger and suffering and death, were
the consequences of their allegiance. Briefly and pertinently
touching upon other topics, connected with the history of Michi
gan, and called to his mind by the scene before hira, in contrast
with vvhat he had seen and experienced, when war had scattered
destruction throughout this region, when the inhabitants were
dispersed and impoverished, when there was not a church nor
school house, nor a court house, nor a bridge, nor a road in the
whole country ; when the best part of the territory was in posses
sion of the Indians — he spoke of the welcome his countryraen had
given hira after seven years absence frora his native land. With
an eraotioh that betrayed how deeply he was affected by the con
gratulations ofhis friends, he remarked, " from the time I set foot
upon my native shore at Boston, to this last manifestation of good
will I have to acknowledge the spontaneous'proofs of regard, every
where shown to me, and the recollection of which wiU disappear,
but with the termination of life."
At the conclusion of the ceremony of reception, Gov. Cass was
escorted by the Battalion of Frontier Guards, and a long proces
sion of citizens, to his rooms at Dibble's Exchange.
Circurastances pointed to Gov. Cass, as prominent among the
nuraber of erainent statesraen of the country, from whom the se
lection of chief magistrate would be made. But litde more than
a year would elapse before a Presidential election would occur.
During his absence, several questions of public policy had arisen,
upon which the people were divided in opinion, and in regard to
which he had enjoyed no opportunity of expressing his views.
Having consented, at the earnest entreaty of many influential and
patriotic citizens, to becorae a candidate for the highest office in
the gift of the people, he had no reluctance in frankly and openly
declaring his opinions. He was addressed on the subject, by a
prorainent deraocrat of Michigan, in a letter, containing interroga
tories in regard to the leading measures which then agitated the
public mind. To this letter he replied with promptness, and in a
clear and comprehensive manner laid before the people ofthe Union
his political sentiraents. This declaration of principles is a cate-

214 LIFE OF GENERAL CASS.
gorical reply to the inquiries made in the letter. He declared him
self to be opposed to the incorporation by government of a National
Bank, under any form or pretence whatever : first, because the
power to do so is not granted by the constitution of the United
States; and, second, because public opinion had pronounced itself
against such an institution. On the subject of the Tariff, Gov.
Cass' sentiraents accorded with those of the great raass of the de
mocrats of the Union. He expressed hiraself in favor of an eco-
noraical expenditure — a tariff producing enough, with the sales of
the public lands, to meet this expenditure, and so divided among
the various articles of importation as to protect our own manufac
tures by reasonable duties ; and within these limits, a practical ap
plication of the just principles of free trade to our foreign com
merce, seem to him to comprehend the outlines of the duties ofthe
government of the United States upon these difficult topics. He
was opposed to the distribution of the proceeds of the public lands
among the different States, and in favor of appiopriating them to
the support of the governraent.
In regard to his position as a candidate for the Presidency, he
declared that he should be bound by the decision of the Deraocra
tic General Convention.
A few weeks previous to the publication of the letter just alluded
to, the Democratic State Convention of Indiana had solicited the
views of Gov. Cass upon the same questions which formed the sub
ject of inquiry in the above mentioned letter. The reply of Gov.
Cass was more extended, and his examination of the subject more
in detad than on the latter occasion. But at the time when he was
written to, by the citizen, of Michigan, his letter to the Indiana
Convention had not been made public. It was soon afterwards.
published ; and as it discusses in a raost adrairably lucid manner
the different subjects of inquiry, and is so plain and unconcealed
an avowal of opinion on measures of great importance to our coun
try, it is here given at length. Columbus, Ohio, Feb. Sth, 1843.
Gentlemen : Your letter, enclosing the resolutions of the Demo
cratic Convention of the State of Indiana, was addressed to me at
Washington, but did not reach that city till after I had left there..
It was then forwarded to rae at this place, and in consequence of
having stopped upon the route, considerable delay has occurred in

LIPE OP GENERAL CASS. 215
its receipt. I make this explanation to account for that delay.
I shall now proceed to answer the questions proposed by the
convention, briefly, but frankly ; satisfied it will be raore agree
able to yourselves, and your colleagues of the convention, that I
should be explicit, than that I should be led into tedious disser
tations. With respect to a National Bank, I have to reraark, that I have
always entertained doubts of the power of Congress to charter such
an institution. The indirect process by which this power is dedu
ced frora a very general provision of that instrument, has never
been satisfactory to me. But there is the less necessity for enter
ing raore in detail into the constitutional question, as it seeras to
me the public voice has pronounced itself, and justly, again.st the
incorporation of any national bank by Congress. No such insti
tution should, in my opinion, be established.
In answer to the second question, which relates to the distribu
tion of the proceeds of the public lands among the several States,
I reply, that I think no such distribution should be raade. I vvill
state, in a few words, the ground of this opinipn. The necessary
revenue for the support of the governraent of the United States,
must corae frora the people, and it raust be supplied by direct or
indirect taxation, or by the sale of public property. The general
sentiment is opposed to direct taxation by the general governraent
in tirae of peace ; and of course there are left but the other two
sources of supply to meet its expenses. Their proceeds must
constitute the revenue of the country ; and if one of them is ab
stracted or diminished, an additional burthen is thrown upon the
other. Whatever sura the necessary expenses of the government
may require, if the proceeds of the public lands make no part of
it, the whole raust be raised by taxation. If they make part ofit,
then the araount of taxation is dirainished by the sura supplied by
these proceeds. It follows that any proposition to divert the pro
ceeds of these lands from the support of governraent is in fact but
a proposition to lay taxes upon the people. If a permanent annual
revenue of eighteen millions of dollars is necessary for an eco
nomical administration of the government, and if two miUions of
these are produced by the sales of public lands, let the source of
this supply be diverted to some other object, and these two millions
must be provided by the imposition of taxes. All this is too clear
to need further illustration. A proposition then to distribute the
proceeds ofthe public lands araong the several States, is, in effect,
but a proposition to increase the taxation of the people of the Uni
ted States through the medium of the general government, in order
that the amount, thus increased, raay be paid into the treasuries of
the respective States. To me it appears perfectly clear that what
ever may be the annual sum produced by the sale of lands, that
sura is a part of the revenue of the country, and that it is just as
corapetent for Congress to take any other two raillions, supposing
that to be the amount, frora the public treasury, and divide them

216 LIFE OF GENERAL CASS.
among the States, as to select for that purpose the dollars actually
produced by the land sales. It seeras to me that such a course of
action would be injurious in practice, dangerous in principle, and
without warrant in the constitution of the United States, The
theory of our political institutions, is familiar to us all. The gov
ernments of the confederated States have their respective rights
and duties clearly defined, and each within its proper sphere, is
independent of the others, each raises and expends its revenue,
and performs all the necessary functions of a sovereign State.
What right has one to interfere vvith another, unless in cases raark
ed out by the constitution itself? If the general government can
provide a revenue for the respective States, and does provide one,
it is clear that one great distinctive feature of our political system
will disappear, and that the relations between the confederation as
such, and the individual States composing it, will be wholly
changed. Human sagacity cannot foretel vvhat would be the en
tire result of this state of things, but it is easy to predict that this
new application of the money povver would give to the government
of the United States a strength never contemplated by the Ameri
can people, and irreconcilable with our constitutional organization,
and that it would lead to a habit of dependence on the part of the
States, by vvhich their efficiency to resist any encroachments of the
general government vvould be paralysed. Without pushing these
considerations further, I conclude this branch of the subject by
repeating, that, in my opinion, no distribution of the proceeds of
the public lands should be raade.
The subject ofthe protective tariff has been so long and ably
discussed, that it would be useless for rae to do raore than to give
you the result of ray views. Ithink, then, that the revenue ofthe
governraent ought to be brought down to the lowest point compati
ble with the perforraance of its constitutional functions ; and that
in the imposition of duties, necessary, with the proceeds of the
public lands, to provide this revenue, incidental protection should
be afforded to such branches of American industry as raay require
it. This appears to rae not only constitutional, but called for by
the great interests of the country ; and if a protective tariff upon
this principle, were wisely and moderately established, and then
left to its own operation, so that the coraraunity could calculate
upon its reasonable duration, and thus avoid ruinous fluctuations,
we might look for as general acquiescence in the arrangement, as
we can ever expect in questions of this complicated kind, when
local feelings have been enlisted, which a prudent legislature raust
consult, more or less, and endeavor to reconcile.
A proposition to amend the constitution of the United States, is
one which I should always receive with great caution. There is
already in our country too great a disposition to seek, in changes
of the laws and constitutions, remedies for evils to which all socie
ties are raore or less liable ; instead of leaving them to find their
own cure in the operation of the ordinary causes which act upon

LIFE OF GENERAL CASS. «, 217
communities. It is often better to suffer a partial inconvenience,
than rashly to alter the fundamental principles of a political system.
Stability is better than change, when change is not decidedly caUed
for. I ara not aware that the exercise of the veto power has, for
many years, produced any injury to the public service. On the
contrary, I think in those cases where it has been recently interpo
sed, it has been properly applied, and that its action has been ap
proved by a great majprity ofthe people. I see, therefore, no prac
tical evil which demands, in this respect, a change in the constitu
tion of the United States. Should cases of that nature occur, it
will then be tirae to seek the proper reraedy.
With great respect, gentlemen, I have the honor to be
Your obedient servant,
LEWIS CASS.
To Ethan A. Brown, John Law, Nathaniel West, John Petit,
Jesse D. Bright, and A. C. Pepper, Esquires.
Meetings were called in various places throughout the Union,
to give expression to the sentiraents of the people in regard to a
Presidential candidate. In the spring of 1843, a large meeting
was held in Cincinnati, at which an address and resolutions were
adopted, setting forth the claims of Gov. Cass to the Presidency.
Mr. Calhoun, Mr. 'Van Buren, Mr. Buchanan, Col. Benton, and
Col. R. M. Johnson, were among the aspirants for that high sta
tion. All of them fully qualified to administer the government
with honor and advantage. In canvassing their qualifications, the
meeting acknowledged their eminent fitness for the office, but could
not avoid the conviction that there was a sectionality, so to speak,
attached to each of thera, which would not fail to have its influ
ence, when they carae before the whole people for their suffrages.
To the permanent and complete success of the deraocratic party,
it was deemed necessary to support the man who, in the language
of the address, " could go before the Araerican people, coraman
ding the most heartfelt enthusiasm, and combining the raost ele
ments of success ; and such a man is Lewis Cass — a man who ex
emplifies in his own person and history one of the best traits of
•our institutions."
Sentiments similar to these, and assemblages ofthe same kind,
were common throughout the Union. The distinguished object of
these manifestations of favor and regard, was at the time quietly
and happily. residing with his family, in the city of Detroit, and for
the first time in thirty years, liberated from the cares and anxieties
of public office. %

218 ^ LIFE OP GENERAL CASS.
In 1843 and 1844 the public raind becarae deeply absorbed in
the then approaching Presidential election. The opinions of the
prorainent candidates for the Presidency, on the most iraportant
questions of policy, were published, the preferences ofthe people
were ascertained and declared in primary raeetings, the contest
awakened more than ordinary feeling araong all classes of commu
nity. The whig party conceiving themselves deceived by the
presidential acts of John Tyler, whom they had elected Vice Presi
dent, with Gen. Harrison, were active and energetic in preparing
for the campaign. It was well settled long before the meeting of
the National Whig Convention, that the whig party would again
bring forward as their Candidate, Henry Clay, who was then uni
versally recognized as the embodiraent of the various elements of
their party organization. Their success in 1840, stimulated them
with the hope that they could again be victorious at the ballot box,
even with a candidate who had several tiraes been defeated. The
democratic party, surprised by the unexpected success of their op
ponents were alike active and vigilant. Araong so raany able
statesraen adorning the ranks their principal difficulty was in ma
king the selection of a candidate. It was the general impression
that their defeat in 1840 was raore justly ascribable to fraud and
corruption, tp delusion and raisunderstanding, rather than an op
position to their principles or a lukewarmness in their advocacy.
A portion of the party were of opinion that a severe rebuke should
be given to those who had used such unhallowed means to over
threw the deraocratic party. They deeraed that no raore unwel
come punishraent could be inflicted upon the whig party, or a raore
effectual vindication of their principles achieved than the election
of Martin Van Buren the defeated candidate of 1840. Upon this
ground a portion of the deraocratic party were in favor of again
norainating him for the presidency. Politicians declared that the
nomination of Mr. Van Buren, would produce in the democratic
ranks "ardor and enthusiasm" in his support ; that the masses
would rally to his support with a spirit and generous enthusiasm
that would be resistless. But the masses did not respond to this
feeling. They saw Mr. Van Buren distanced in the contest with
Gen. Harrison ; they saw the man who went into the Presidential
chair in 1837 with the democratic party in the zenith of its strength

LIFE OF GENERAL CASS. 219
leave it in 1841 with his party prostrate and powerless. But Mr.
Van Buren, nurabered araong his personal friends, many able
statesmen, as well as skillful and accoraplished tacticians. Thehr
political talent, their experience in management, their facil
ities for manufacturing public opinion, and giving a bias to the
popular will, were all brought to bear effectually, upon the ob
ject, that was nearest their hearts. More than one State Conven
tion, was thus induced to give public and somewhat authoritative
avowal to a preference for Mr. Van Buren. Such expression
might with reason be regarded as a true exponent of popular feel
ing and rightly so, where on comparison, with the declarations
of the people theraselves in their priraary meetings, they are found
to correspond. But it is far safer to regard the adopted resolves
of a delegated body, as more surely indicating the preferences of
a raajority of the individuals coraposing it, than those of the mass
for whom they are acting. That such was the case, with many of
the democratic state conventions of 1 844, is abundantly establish
ed by the fact, that in many of the states, where a preference for
Mr. Van Buren, was thus Conventionally declared, the people in
their home raeetings, then public gatherings and caucuses, in ef
fect nuUified the action cf their delegates by declaring their chcice
tp be sorae one of the other aspirants to the sarae office. The
effect, of this difference of opinion was visible, when the National
Convention asserabled. Delegates who were irapliedly bound by
the preference pfthe bedy which apppinted them, vpted, in pbedi
ence tp what they knew tp be the popular will, directly in opposi
tion to the expression ofthe appointing Convention, but in accor
dance with the wishes and predilections of four fifths of the de
mocracy of the State they represented;
There is a mighty though calm power in the voice ofthe people.
The petty manoeuvres of politicians — the intrigues of designing
men, no matter how skillfully framed ultimately bend in subjec
tion to its potential demands. It has a force which will not brook
resistance. Like truth itself, in its purity and strength, it sooner
or later prostrates all opposition.
While the friends of Mr. Van Buren, were actively engaged in
creating a public opinion to operate in his favor upon the national
convention, the other eminent candidates, remained in dignified

220 LIFE OF GENERAL CASS.
and becoming inactivity, trusting to their own merits as distin
guished sons of the Republic, having full confidence in the intel
ligence and discrimination of their fellow democrats. Gov. Cass,
made no personal effort, to increase the favorable estimation he had
acquired araong the people. Frank and unequivocal declarations
of his political sentiments he had cheerfully made, when called up
on, and he was satisfied with leaving the decision ofthe Presiden
tial nomination with the representatives of the democracy.
Not long prior to the agitation of this subject, the adrainistration
concluded a treaty with the authorities of Texas whereby she was
adraitted as one of the states of the Union. Public opinion was
divided, though not equally, upon the policy of this measure, and
the candidates for the Presidency were interrogated upon their
views of this act of the government. A majority of them approved
the act. Mr. Van Buren opposed it. The venerable Jackson,
though not a candidate for office, carae forth frora his retirement
and energetically advocated the proceeding. But from no one, did
the measure meet vvith more hearty approval, than it did from Gov.
Cass. When asked if he was favorable to the immediate annexa
tion of Texas, his reply was " I am." The letter of Gov. Cass, to
Hon. Edward Hannegan, declaring his opinion, is unequivocal and
deterrained. Detroit, May 10, 1844.
In answer to your inquiry whether I ara favorable to the imme
diate annexation of Texas to the United States, I reply that I am.
As you demand my opinion only of this measure, and briefly the
reasons which influence me, I shall confine rayself to these points.
I shall not dwell upon the policy of uniting coterminous coun
tries situated like ours and Texas, with no marked geographical
features to divide them, and with navigable streams penetrating the
limits of both. Nor upon the comraon origin of the people who
inhabit thera ; upon the common manners, language, religion, in
stitutions, and in fact, their identity as a branch of the human
family. Nor shall I urge the material interests involved in the
measure, by the free intercourse it would establish, between the va
rious sections of a ' vast country, mutually dependent upon, and
supplying one another. These considerations are so obvious, that
they need no elucidation from me.
But in a military point of vie.w, annexation strikes me as still
more important, and my mind has been the more forcibly impress
ed with this idea frora reading the able letter of Gen. Jackson, up
on this subject, which has just come under my observation, With

LIFE OP GENERAL CASS. 221
the intuition, which makes part of the character of that great man,
and pure patriot, he has foreseen the use which a European enemy
might make of Texas in the event of a war with the United States.
A lodgement in that ccuntry would lay open the whole South
Western border to his depredations. We could establish no for
tress, nor occupy any favorable positipu to check hira, for the im
mense frontier may in a vast many places be crossed as readily as
a man passes from one part of his farm to another. The advanta
ges an active eneray would enjoy under such circurastances, it re
quires no sagacity to foretell.
These considerations recall to ray meraory an article, which
made its appearance just before I left Europe, in a leading Tory
periodical in England, which is understood to speak the sentiraents
of a powerful party. This is Frazer's Magazine, and a raore ne
farious article never issued frora a profligate press. It ought to be
stereotyped and circulated frora one end of our country to the
other, to show the designs which are in agitation against us, and
to teach us that our safety in that raighty contest which is coraing
upon us, is in a knowledge of our danger, and in a determination
by union, and by a wise forecast to meet it and defeat it. The
spirit of this article is sufficiently indicated by its title, which is " a
war vnth the United States, a blessing to raankind." I cannot re
fer to it at this raoraent, but raust speak ofit from recollection. I
have often been surprised it has not attracted more attention in
our country. Its object was to excite a war with the United States,
and to lay down the plan of a campaign, which would soonest bring
it to a fortunate conclusion for England. The basis of this plan
was the organization of a necessary black force in the West India
Islands, and its debarcation upon our Southern coast. The con
sequences which our eneraies fondly hoped for in such a case, but
with an entire ignorance of the true state of the couutry, were fore
told with a rare union of philanthropy and hatred. I wish I had'
the number at hand to cull some choice passages for your reflec
tion. The result was to be destruction of the Southern States, the
ruin or depression of the others, and the dissolution of this great
and glorious confederacy, on which the last hopes of freedom
through the world now rest.
What more favorable position could be taken for the occupation
of English black troops, and for letting them loose upon the South
ern States than is afforded by Texas ? Incapable of resisting, in
an event of a war between us and England, she would be taken
possession of by the latter under one or another of those pretenses
which eifery page ofher history furnishes, and the territory would
become the depot whence she would carry on her operations against
us, and attempt to add a servile war to the other calamities which
hostilities bring with them. He who doubts whether this would
be done has yet to learn another trait in the annals of national an
tipathy. It would be done and would be called philanthropy.
Every day satisfies me more and more, that a majority of the

222 LIFE OF GENERAL CASS.
Araerican people are in favor of annexation. Were they not, the
measure ought not to be affected. But as they are, the sooner it
is effected the better. I do not touch the details of the negotiation.
That raust be left to the responsibilities of the governraent, as also
must the bearing of the question upon its reception by other coun
tries. Those are points I do not here enter into.
I ara, dear sir, respectfully, your obedient servant,
LEWIS CASS.
Hon. Edward Hannegan. «
Under these circurastances, the Deraocratic National conven
tion met at Baltimore on the first day of May 1844. On the bal-
lotings it appeared that Messrs Van Buren, Cass, R. M. John
son, Buchanan, Woodbury, Calhoun and Stewart, severally had
supporters in the convention. The first two, were the strongest
Candidates. The ccnvention adopted the rule of the conventions
of 1832 and 1835 requiring the nerainee tp be chpsen by a vpte pf
twp thirds pf the raembers of the convention voting. There were
two hundred and fifty delegates in the convention and the requi
site number of votes for a nomination was 176. On the first bal
lotting Mr. Van Buren, had much the largest vote, but not within
twenty of the required nuraber. As the ballotting proceeded, Cass
gained strength and on the seventh ballot received twenty four
votes more than Mr. Van Buren. On the eighth ballot, Massa
chusetts cast five, Pennsylvania two, Maryland one, Alabama nine,
Lousiana six, and Tennessee thirteen votes for Jaraes K. Polk of
Tennessee. The announcement of another and entirely unexpec
ted Candidate for Presidential honors, seeraed to present an oppor
tunity to the friends of Cass and Van Buren of selecting a can
didate vvho would be acceptable to the supporters of both those
gentleraen in the convention. The convention proceeded to a
ninth ballot during which the Nevv York and Virginia delegates
withdrew to consult on the best course to be adopted. New York
had uniforraly and unaniraously supported Mr. Van Buren. Vir
ginia had steadily east her vote for Gov. Cass ; upon their re
turn into the convention both States cast their vote for Mr. Polk.
That there raight be no obstacle in the way of an unanimous
choice by the convention of a candidate. Gov. Cass had author
ized his name to be withdrawn. Hon. Edward Bradley a delegate
from Michigan announced the following letter to the Convention.

LIFE OF GENERAL CASS. 223
Detroit, May 19, 1844.
Gentlemen : — It is possible, that my narae, araong others, may
come before the convention, which is about to raeet at Baltimore.
I am at a distance, and can do nothing to raeet the contingencies,
which raay arise during its discussion. You vvill all do rae the
justice I ara sure, to say that I haye taken as little part in passing
events, as it was possible for any man,«in ray position, to take. I
have sat still, quietly awaiting the result, and deterrained to be
satisfied with it, whatever that might be.
Though your first choice for President has been directed to the
erainent statesraan, who has already so' ably adrainistered the gov
ernment, still it is possible that circumstances affecting neither his
services nor his merits, may induce you to seek sorae other candi
date, and in that event, if state pride should not supply ray other.
deficiencies and lead your attention to rae, it raay yet create some
interest in my position, and a desire that I should dishonor neither
myself, our party nor the state. I have thought therefore I might
so far calculate upon your indulgence, as to briefly lay before you
my sentiraents under existing circurastances, and to ask your aid
in carrying my intentions into effect.
I never sought the Presidency of the United States. When in
France, I declined being a candidate, in answer to an application
made to rae by a respectable committee of citizens of Philadelphia.
When I returned I found my narae was before the country, and
the matter seemed to have been taken up by ray friends, and to
have passed beyond my control. I often regretted this, and fre
quently vacillated, respecting the oourse I ought to adopt,' till time
and events took frora rae the power of decision. I raention these
impressions to show you, that in reaching the conclusion, at which
I have now arrived, and ara about to announce to you, I have raade
no sacrifice of feeling, and shall experience no regret,
We cannot shut our eyes to the fact, that dissentions exist in
the ranks of our party, which threaten its defeat. Without form
ing any opinion respecting their origin and progress, their exis
tence is enough to excite the solicitude of all, who believe thatthe
prosperity ofthe country is closely connected with the success of
the Deraocratic party.
I hope and trust, that a wise spirit of conciliation vvill animate
the Baltimore Convention, and that its decision will restore to us
harmony and confidence. But I have determined not to be in the
way of this desirable result. And it is the purpose of this letter
to announce to you this resolution. Should it be thought by the
convention, with reasonable unanimity, that the party had better
present my name to the country, I shall submit, and prepare ray
self for the contest. But if there is such a division of opinion on
the subject as to show, that a hearty and united exertion would not
be made in my favor, I beg you to withdraw my narae without hes
itation. We shall need all our force in the coraing struggle. If
that is exerted, we shall succeed — if not, we shall fail. I will

224 LIFE OF general cass.
neither put to hazard the Deraocratic party, nor have any agency
in bringing the election into the House of Representatives, one of
the trials to be most deprecated under our Constitution.
These, gentlemen, are my views, and if necessary, I beg you-
to announce thera, and to declare rae not a candidate, in case there
is not reasonable hope that the party will unite in ray favor. I do
not doubt, that in such aii event my friends will abandon all per
sonal predilection, and prove their devotion to principles, by a zeal
ous support of the nominee pf the Convention.
With great regard,
I am gentlemen.
Your ob't servant,
LEW. CASS.
To the Delegates from the State of Michigan, to the Baltimore-
Convention. The Convention unaniraously norainated Mr. Polk for the Presi
dency, and subsequently Geo. M. Dallas of Pennsylvania for Vice
President. The proceedings of the Convention, received from Gen. Cass,
his sincere and active support. When the result was known at
Detroit, the democracy of that ancient city, overlooking their own
disappointment in not having their favorite candidate and fellow
citizen, presented to thera, rallied en masse to respond to the no
mination. At this raeeting Gov. Cass was present and addressed
his fellow deraocrats, enjoining them to support the nominations
with their accustomed zeal, and energy. He said " he had come
there to take part in the proceedings, to express his hearty concur
rence in the norainations made by the Baltimore Democratic Con
vention, and to announce his deterraination faithfully to support
them. The democratic party had just passed through a crisis
which served to prove the integrity of its principle, and the inter
nal strength of its cause. After raany differences of opinion, dif
ferences however about raen, and not measures, the Convention
had chosen a man whose private character was irreproachable, and
who, in various public stations had given proof pf his ability, and
firmness and devptipn to those principles which the democratic par
ty deemed essential to the prosperity of our own country and the
perpetuation of her free institutions. Nothing now is wanting to
ensure success, but united exertion, and that we must and will have.
Let us put behind us the divisions and preferences of the past,
and join in one common effort, to promote the triumph of our cause,.

LIPE OE GENERAL CASS. 225
victory is in our power, and let us attain it. Let every one feel,
and fulfifl his duty."
The efforts of Gov. Cass in support ofthe norainations were not
confined to the vicinity of his horae. In the different towns of
Michigan, and of other states he met asserabled crowds of the de
mocratic party, and encouraged thera by 'precept and exaraple to
bring their mighty povver tp bear with all its strength upon the
great point of success in the approaching election. Active co-ope-
ratipn, frpm Gen. Cass or frem any individual holding the relation
that that he did to the successful Candidate of the conventien, was
mpre than was tP be expected. But ne petty jealpusy — np disaf
fection severed hira, a moment from the full and efficient advocacy
of the clairas of the norainee to the entire support of the democ
racy. This exhibitipn pf disinterestedness influenced many a wa
vering democrat, to decide firmly upcn adopting the line ef duty,
and sacrifice his persenal inclinaticns, upon the altar of principle.
The cheerful acquiescence and approval, expressed by the pro
minent men who were candidates before the convention, in the re
sult of its deliberations, it must be admitted contributed powerful
ly in securing the success which followed, which elevated to the
Chief Magistracy the nominee of the democratic party, by a tri
umphant majority over the popular and venerable whig leader,
Henry Clay.

15

CHAPTER XII.
Magnitude of questions before Congress — Interest felt throughout the Union, in
the election of Senators — The sentiment ofthe people, in regard to Gen. Cass'
election to the Senate — His election by the Legislature of Michigan — His first
act in the Senate, evinces his keen watchfulness over the rights and honor of
his country — Resolutions of Senator .\llen — Gen. Cass supports them — His re
marks thereon — The Oregon question — The great interests involved in its set
tlement — The recommendations of the President — Resolution of Mr. .\llen,
giving notice that convention of 1827, between the United States and Great
Britain, he annulled and abrogated — Speech of Gen. Cass, in regard to our
defences — His remarks thereon.
The magnitude of the questions arising in Congress, impressed
the public mind with the necessity of having in the Senate of the
United States, the first and raost erainent men ofthe country. It
was apparent, that with the commenceraent of Mr. Polk's presiden
tial term, an era in the affairs of the nation would arise, requiring
all the skill and experience of our wisest statesmen. The official
terms of many senators would expire with the adrainistration of
John Tyler, The filling the vacancies thus occurring was a sub-
. ject of general interest, all through the United States. It was not
confined to state limits. Each state felt interested in the choice
her sisters in the confederacy might make. The terra of Hon.
Augustus S. Porter, of Michigan was one of those vvhich would
terminate in March, 1845. In regard to who would be his succes
sor there vvas but one sentiment, not only within the the State of
Michigan, but elsewhere. The universal choice fell upon Gen. Cass.
The legislature of Michigan, at its annual session in January 1845,
in compliance with public opinion, elected Gen. Cass, senator for
six years ensuing the fourth of March, then next. Every derao
cratic meraber of the legislature, except two in the senate, voted
for hira His election therefore raay be said to have been unani
mous. He took his seat in the senate at the executive session
called upon the inauguration of Mr. Polk.
The first session of the 29th Congress comraenced on the first
Monday of December 1845. This was the first regular meeting

LIFE OP GENERAL CASS.. 227
of Congress under the new adrainistraticn. The President in his
annual message had expressed it to be his deterraination tp carry
out the policy of the governraent, as declared by his predecessors
in regard to the interference of foreign powers in Araerican affairs.
He said that the people of the United States could not view with-
indifference the atterapts of any European Power to interfere with
the independent action of the nations on this continent. The sub
ject was recoraraended to the attention of Congress, by the Presi
dent, and Senator Allen of Ohio asked leave to introduce into the
Senate a joint resolution declaratory of the principles by which the
government of the United States would be governed in regard to
the interposition of the powers of Europe in the political affairs of
America. The question upon granting leave came up for discus
sion on the 26th of January, 1846. It was long and ably debated',
by the most distinguished men in the Senate. Gen. Cass advoca
ted the raotion. Messrs. Berrien, Calhoun, Corwin, Crittenden-
and 'Webster were opposed to it. Gen. Cass supported the pro
position upon the ground that it was the raost correct course to
pursue in reference to the relations ofthe United States with Eng
land — that this country " could lose nothing at horae or abroad,
by establishing and raaintaining an Araerican policy — a policy de
cisive in its spirit — raoderate in its tone, and just in its objects —
proclairaed and supported firraly, but teraperately." Advocating
the raotion he said : —
" But what is proposed by this resolution ? It proposes, Mr.
President, to repel a principle which two of the greatest powers of
the earth are now carrying into practice upon this continent, so far
as we can discover any principle involved in the war which the
French and British are now waging against Buenos Ayres ;, and a
principle soleranly announced by the French prirae minister in the
Charaber of Deputies, clearly in doctrine, but cautiously in tbe re
medy. I need not advert to the declaration made upon that occa
sion by M. Guizot, a declaration equally extraordinary and me
morable. An honorable member of this body has the debate in
full ; and I trust that, in the further discussion which this subject
must undergo, and will undergo in this bedy in pne fprm pr anoth
er, he will read the remarks of the French premier, and give us
the able views I know he entertains ofthem. I will only add that
these remarks are erainently characteristic of a peculiar class of
statesmen, who are always seeking sorae new and brilliant thought,
something with which tp dazzle the wprld as much as it dazzles
themselves — semeparadpx pr pther as a shreud wherewith to wrap

228 LIFE OF GENERAL CASS.
their dying frarae. Plain common sense, and the true condition
of raen and communities, are lost in diplomatic subtleties.
But what is this balance of power which is to cross the Atlantic
and take up its abode in this New World ? It is the assumption
of a power vvhich has deluged Europe in blood, and which has at
terapted to stifle the first gerras of freedom in every land where
they have started up ; which has blotted Poland from the map of
nations; which has given a raoiety of Saxony, in spite ofthe pray
ers of the people, to Prussia ; vvhich has extinguished Venice and
Genoa; vvhich added Belgium to Holland, notwithstanding the re
pugnance of its inhabitants, who eventually rose in their revolu
tionary raight, and asserted and achieved their own independence ;
which transferred Norway frora Denmark, to which it was attach
ed by old ties and by a mild government, to Sweden, who had to
send an army, and to call upon the navy of England to aid her to
take possession ofthis gift of the holy alliance ; which keeps Switz
erland in eternal turmoil, and which sent a French army into Spain
to put down the spirit of liberty, and an Austrian array to Italy for
the sarae purpose ; and which watches and wards off the very first
instincts of huraan nature to meliorate its social and political con
dition. It is the assumption of a power which enables five great nations
of Europe — they are quintuple at present — to govern just as much
of the world as will not or cannot resist their cupidity and ambi
tion, and to introduce new principles at their pleasure, and to their
profit, into the cpde pf nations. Tp proclaim that the slave trade
is piracy by virtue of their proclamation, and that their cruisers
may sweep the ocean, seizing vessels, and crevvs, and cargoes, and
coramitting thera to that great vortex which has swallowed up such
a vast amount of our property, and issued so many decrees against
our rights — a court of admiralty ; and, by-and-by, will enable them
to proclaira, if not resisted, that the cotton trade shall be piracy,
or that the tobacco trade shall be piracy, or that anything else shall
be piracy which rainisters to our power and interest, and does not
rainister to theirs.
I understand the measure proposed by the Senator from Ohio
is a protest against the establishraent of a new and dangerous prin
ciple, affecting ourselves, and with us the other independent na
tions inhabiting this continent. It does not necessarily involve
any question of war. Such a protest is a coraraon raode of proce
dure in the intercourse of nations. It is the exclusion of a conclu
sion. It is saying to the world, that the Government raaking the
protest does not recognise a certain claim or principle, and does
not intend to be bound by it. It commits such Government to no
specific course of action. It merely expresses its dissent, leaving
to future circumstances its conduct, should the protest be found
inefficient. I have already alluded to Buenos Ayres, where France and Eng
land are now interfering to their heart's content. Their conduct

LIFE OP GENERAL CASS. 229
upon the La Plata is araong the raost outrageous acts of raodern
times. If I understand their professions, they wage war against
Buenos Ayres, because Buenos Ayres is at vvar wiih Montevideo.
They are fighting for peace ; doing evil that good may come. But
what right have they to interfere in the quarrel between two inde
pendent nations, except as the friend of both, and in the interest
of both? They come not, however, with the olive-branch, but
with fleets and armies. They carry on open war ; they preach
a crusade of philanthropy from the quarter-decks of ships of the
line, and from the midst of regiments of soldiers. Now all this is
a flimsy veil to conceal far other designs of commercial and poli
tical ascendancy upon the immense and productive countries of
that great river. They seek the establishraent ofa balance of pow
er, which shall establish their own power, and enable them to hold
in subjection one of the most magnificent regions upon the face
of the earth. To give proper weight and solemnity to any raea
sure upon this great question under consideration, requires the
action of Congress. The declaration of the President will be as
barren as was that of Mr. Monroe unless adopted by the national
legislature. The President is the organ of coraraunication with
other governraents. But the establishment of a great line of pplicy
calls intp action powers not comraitted to him, and which can only
be exercised by the representatives of the States and the represen
tatives of the people asserabled in Congress.
Mr. President, we shall lose nothing at home or abroad, now or
hereafter, by establishing and maintaining an American policy— a
pplicy decisive in its spirit, raoderate in its tone, and just in its
objects — proclairaed and supported firraly, but teraperately. Pro
vidence has placed us at the head of the faraily of nations upon this
continent. We have passed safely through the great revolutiona
ry trial frora a colonial to, an independent condition. We entered
upon it with great advantages. The principles of true freedom-
were brought by our forefathers to the New World, and when the
struggle for independence coraraenced, it found us not only ready
for the issue, but ripe for the blessings of self-government. But
the cplpnies of Spanish descent had not served, as we had dene,
the apprenticeship pf liberty ; and when theywere suddenly called
te dissolve their original political connexion, and to reconstruct
their civil institutions, they encountered difficulties which^eemed
at times to threaten the overthrow of all their hopes. Their state
of transition is not yet fully over ; but they will struggle on till
their work is crowned with success. In the meantime, it is equal
ly our policy and our duty to preserve the continent as free from
European influence as is compatible with the acknowledged prin
ciples ofthe laws of nations. The coraraunity of States inhabiting
it have interests of their own, independent of the peculiar state of
things which is established in Europe. There is here no question
touching the joint rights of others — none of interfering with the
colonial possessions of the European Powers — none of denying

230 LIFE OF GENERAL CASS.
their right to establish all the relations of peace they please with
this continent, nor of changing these to.relations of war when they
think just cause of vvar exists, followed, in that case, by all the
right* which a state of hostilities brings with it. But it is a ques
tion of applying to America an artificial system built up in Europe
within the last century and a half, which the most careless observer
of history well knows has neither dirainished the nuraber nor the
extefit of wars, nor increased the stability of independent States,
nor prorabted the happiness of raankind. A system of power built
up in reality for the maintenance of monarchic^ institutions, un
der the guise of maintaining a necessary political equilibrium.
Now, sir, I hope we shaU be satisfied with our own good things,
without preaching any system of political propagandisra. If pther
people prefer monarchical to republican institutions, so be it. We
have no right to quarrel with their decision, however rauch we raay
differ frora their views. The world is wide enough for them and
us. But we have a right to expect that no undue means be taken,
under any pretence whatever, to assail the existing institutions
upon this hemisphere, or to exert any influence to change thera,
or to interfere at all with its political condition. This is the object
ofthe Senator frora Ohio; and it is an object worthy of the atten
tion and action of Congress, and ofthe approbation ofthe country.
Why need we be so peculiarly sensitive uppn this question ? —
for I see it has excited some sensation in various quarters. No
one doubts our right' to respond to the declaration of the Presi
dent. No one can dispute its importance. No gentleman, I am
sure, upon the floor ofthe Senate, has the least wish to conciliate
England by a self-restraining policy. Mild words, we are told by
the wise raan, turn away wrath. It may be so; but they never yet
turned away cupidity or ambition. I do not see that the English
statesmen are very regardful ofthe feelings of this country, either
in the raeasures they adopt or in the language they eraploy. Lord
John Russell, who has recently been called to the head of the Brit
ish Administration, but which position he could not hold, in his
comraents upon the President's declaration respecting Oregon, in
April last, called it blustering ; and I did not observe that this
coarse epithet drew upon the speaker the least censure frora Par
iiaraent, or the people, or the press. I have seen no such epithet
applied here to the language ofthe British Queen, nor even of the
British Cabinet, though ray experience tells rae that, had such been
the case, there is raany a journal in this country vvhich vvould have
visited it with strong rebuke. But Lord John Russell lays him
self liable to a severe retort when he says, in that very speech :
" For my own part, I will say, in all raoderation, that I ara not
prepared to say that this country ought to put forward any arrogant
pretensions." Precious raoderation this ! What can be more arrogant than to
claim raoderation because a country is not prepared to put forwa,rd
arrogant pretensions 7 If this be the moderation of England, what
would be her arrogance ?

LIFE OF GENERAL CA.SS. 231
Look at the state of things in Brazil I The. treaty between that
-country and England on the subject of the right of search has ex
pired. But has the right expired also ? It has, but not the prac
tice. England yet stops, with the strong hand, Brazilian ships,
wherever she finds tjiem in tropical latitudes, and seizes and sends
them to her own courts of admiralty for condemnation. And this
in utter conterapt of all the laws regulating the rights of indepen
dent natiens.
I allude tp all these facts, because they pught tp warn us pf our
duty. I allude to thera, in despite of the charge, which has been,
and will again be raade — out of the Senate, npt in it — of a desire
to excite undue prejudice against England. I have no such desire.
But I have a desire that ray own country should be aware of her
true position, and should be prepared to raeet her responsibility,
whatever difficulties raay, beset her path — prepared, sir,- in head,
in hand, and in heart. Yes, sir, notwithstanding the severe com
mentaries which a casual expression ofthe honorable Senator from
Ohio has encountered from a portion of the public press, I will
repeat the expression — prepared in the heart. For if war should
come, which raay Providence avert, I trust the hearts of our coun
trymen wiU be prepared for the struggle it will bring. There is
no better preparation, nor any surer cause or augury of success.
When I read the President's Message, sir, I found four princi
pal stateraents or suggestions which seemed to rae to render our
relations with England exceedingly critical ; so critical, indeed,
as to demand the imraediate attention and action of Congress, and
the soleran consideration of the country. The President stated,
in effect, that the negotiations with England on the subject of Ore
gon were closed ; that we had a clear title to the whole of it ; that
the year's notice for the terraination of the convention ought be
given ; and that we should then take exclusive possession of the
whole country. I do not quote the words, but these are substan
tially the views of the President. Now, sir, it was clear to rae
that here was a state of things which raight well excite the solici
tude of any raan in the unprepared condition of the country, and
yet what vials of wrath have been poured out upon the heads of all
the Senators-whose raeasures really tended to avert war by prepar
ing for it. The raails are loaded with «busive anonyraous l.etters,
because they believe the country is in danger, and believing so,
say so, and thus saying and believing, strive to prepare for the
worst, still hoping, though soraetiraes against hope, for the best.
I expressed my approbation ofthe President's Message; but on
the subject of the state of the country, I did not say one word more
than I intended and intend now. I am no lover of war. I am no
seeker of it. But I have to learn that it is hastened by adequate
preparation. I have passed through one war, and hope never to
see another. Still I shall never cry peace, peace, unless I believe
there is truly peace. The honorable Senator from Kentucky,
¦whom I first met raany years ago, marching to the battle-field, and

232 LIFE OP GENERAL CASS.
who will always be found on the side of his country, supposed,
when the question of the national defence was under discussion, I
had said war was inevitable. He misunderstood me. I consider
ed the danger of vvar imminent, not inevitable. Had I thought it
inevitable, I should not have submitted propositions for inquiry,
but decisive measures for adoption. I hold on firmly, sir, to every
word I said before, neither softening nor explaining ; but denying,
because I apprehended we might have war, therefore I desired it.
And*I still consider danger imminent, not diminished, so far as I
know, by the recent arrival. The subject in controversy remains
precisely as it was. The question was, and is, whether we shall
surrender to the British demands, or whether the British Govern
ment shall surrender to ours. If no such cession is made by either
party, the two countries will be brought into conflict. . I see no
indication that one or the other will sufficiently yield.
Il is not men, but fears and facts, that raake panics in this coun
try, if 1 must adopt that word. But I repudiate it as applicable
to the great body of the American peojde. They feel no panic
They feel anxiety, no doubt, but deterraination also — a hope that
England will do us justice, and, if not, a deterraination t'o do jus
tice to theraselves.
I must ask the indulgence of the Senate for alluding to this top
ic at this tirae. I do so with the deep conviction that all other
legislative measures should give way to raeasures of defence, and
in the hope that such vvill be the action of Congress. Then, if
war comes, we shall have no self-reproach to meet, and if peace is
preserved, what we do will be well done for a similar future con
tingency, which no nation can expect long to avoid."
The raotion v/as adopted and leave granted to the senator from
Ohio to introduce the proposed resolution. The resolution in
substance provided that. Congress, concurring with the President,
and sensible that a tirae had arrived when the governraent of the
United States could no longer reraain silent without being ready to
submit to, and even to invite, the enforceraent of the dangerous Eu
ropean doctrine of the " balance of power," solemnly declare
to the civilized world the unalterable resolution of the United
States to adhere to and enforce the principle, that any effort pfthe
Powers of Europe to intermeddle in the social organization or
political arrangeraents of the independent nations of America, or
further to extend the European system of government upon this
continent by the establishment of new colonies, would be incom
patible with the independent existence of the nations, and danofer-
ous to the liberties of the people of America, and therefore would
incur, as by the right of self-preservation it would justify, the
prompt resistance of the United States.

LIFE OF GENERAL CASS. 233
At this session of Congress the Oregon question carae up for
discussion. By convention between the governraents of the Uni
ted States and Great Britain, raade the twentieth day of October,
1818, for the period of ten years, and afterwards indefinitely ex
tended and continued in force by another convention of the same
parties, concluded the sixth day of August, 1827, it was agreed,
that any country that was claimed by either party on the north
west coast of America, west of the Stony or Rocky raountains,
commonly called the Oregon Territory, should, together with its
harbors, bays, and creeks, and the navigation of all rivers within
the same, be "free and open" to the vessels, citizens, and subjects
of the two Powers, but without prejudice to any claim which eith
er of the parties raight have to any part of said country ; and with
this further provision in the third article ofthe said convention of
the sixth of August, 1827, that either party raight abrogate and
annul the said convention, on giving due notice of twelve raonths
to the other contracting party.
This agreement was entered into because the governments of
the two countries were unable to settle definitely, by negotiation,
their respective claims to territory in Oregon. In the attempts
that had been made to adjust the controversy, the United States
had offered to Great Britain the parallel of the forty-ninth degree
of north latitude, jwith the concession of the free navigation ofthe
Columbia river, south of that degree. Great Britain, on her part,
offered to the United States, the same parallel of latitude from the
Rocky mountains to its intersection with the north-easternmost
branch of the Colurabia river, and thence down that river to the
sea, together with a sraall detached territory north of the Columbia.
Both parties respectively rejected the propositions.
In 1843 the United States minister in London was authorized to
renew the offer previously made to Great Britain, and while the sub
ject was under consideration the negotiation was transferred to the
city of Washington. The English minister, in August 1844, open
ed the negotiatipn at Washingtpn, by renewing the pffer befpre
made te the United States, with the additipn pf Free Perts
sputh of forty-nine degrees. This proposition, which vi'ould give
Great Britain two-thirds of the entire territory, including the free
navigation of the Colurabia, and the harbors on the Pacific ocean,
was promptly rejected by the United States.

234 LIFE OF GENERAL CASS.
No Other attempt at coraproraise was made on the part of either
until the effort made by President Polk to settle the controversy
amicably and satisfactorily. A proposition was raade, which was
rejected by the British rainister, and no further atterapt being raade
by that functionary, the President directed the withdrawal of his
offer, and asserted the right of the United States to the whole of
Oregon. This proceeding, having a tendency to bring the dispute
to a close, the President urged upon Congress the necessity of
terrainating, by proper notice, the effect of the agreement entered
into in 1818, in regard to joint occupation.
On the 18th or December, Mr. Allen, of Ohio, offered a joint
resolution in the Senate, for the purpose of carrying into effect the
recommendation of the President. It was referred to the cora
raittee on Foreign Relations, of which Mr, Allen vvas chairraan,
and was reported back to the senate in the following form by the
committee :
Joint Resolution to annul and abrogate the convention ofthe sixth
day of August, eighteen hundred and twenty-seven, between the
United States of America and Great Britain, relative to the
country westward of the Slony or Rocky mountains.
Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled, That, in virtue
of the second article of the convention of the sixth of August,
eighteen hundred and twenty-seven, between the United States of
America and Great Britain, relative to the country westward of
the Stony or Rocky mountains, the United States of America do
now think fit to annul and abrogate that convention, and the said
convention is hereby accordingly entirely annulled and abrogated :
Provided, that this resolution shall take effect after the expiration of
the terra of twelve raonths frora the day on which due notice shall
have been given to Great Britain of the passage of this resolution.
And the President of the United States is hereby authorized and re
quired to give such notice; and also at the expiration of said con
vention, to issue his proclaraation setting forth that fact.
A nuraber of araendraents were proposed to this resolution, and
the lOth of February, 1846, was designated as the time for com
mencing the debate thereon. Mr. Allen opened the debate on
that day, and was followed by other merabers of the senate, of
whom nearly all participated in the discussion. On the thirtieth
day of March, Gen. Cass addressed the senate in favor of the reso
lution, without entering into a forraal discussion of the title of the

LIFE OF GENERAL CASS. 235
United States to the whole of Oregon. Confining hiraself princi
pally to the necessity and policy of the course suggested by the
President, he said :
Mr. President : I do not rise at this late period to enter into
any forraal consideration of the principal topic involved in the
proposition now pending before the Senate. I cannot flatter ray
self, that any such effort of mine would be successful, or would
deserve to be so. I have listened attentively to the progress of this
discussion, and while I acknowledge ray gratification at much I
have heard, still sentiments have been advanced, and views pre
sented, in which I do not concur, and from which, even at the
hazard of trespassing upon the indulgence of the Senate, I must
express my dissent, and briefly the reasons of it. But, sir, I have
not the reraotest intention of touching the question of the title of
Oregon. The tribute I bring to that* subject is the tribute of con
viction, not of discussion ; a concurrence in the views of others,
not the presentation of ray own. The whole raatter has been
placed in bold relief before the country and the world by raen far
more competent than I am to do it justice, and justice they have
done it. The distinguished Senator frora South Carolina, vvho
filled, a short time since, the office of Secretary of State, has left
the irapress of his talents and intelligence upon his correspond
ence with the British Minister, and he left to an able successor to
finish wefl a task, which was well begun. And upon this floor, the
Senator from New- York instructed us, while he gratified us, by a
masterly vindication of the Araerican title ; and he was fpllowed
by his colleague, and by the Senator from Illinois, and by others,
too, who have done honor to themselves, while doing good service
to their country.
Before, however, I proceed further in my reraarks, there is one
subject, to which I will make a passing allusion. As to correcting
the misrepresentations of the day, whether these are voluntary or
involuntary, he that seeks to do it, only prepares for himself an
abundant harvest of disappointraent, and, 1 raay add, of vexation.
I seek no such irapracticable object. In tiraes like the present,
when interests are threatened, passions excited, parties aniraated,
and when momentous questions present themselves for solution,
and the public mind is alive to the slightest sensation, we raust
expect, that these, uppn whose action depends the welfare, if not
the destiny, of the country, will be arraigned, and assailed, and
cpnderaned. I presume we are all prepared fer this. We have all
' lived leng eneugh tP knpw, that this is the tax, which pur ppsitipn
pays to its elevation. We have frequently been reminded, during
the progress of this debate, of the responsibility, which men of
extrerae opinions, as sorae of us havebeen called, raust encounter,
and have been suraraoned to raeet it — to meet the consequences of
the raeasures we invoke.
During the course of a public life, now verging towards forty

236 life of GENERAL CASS.
years, I have been placed in many a condition of responsibility ;
and often, too, where I had few to aid me, and none to consult.
I have found myself able to raarch up to ray duty, and no resppn-
sibility, in cities pr in forests, has been cast upon me, which I have
not readily met.
As it is vvith rae, so it is, I doubt not, with my political friends,
who regard this whole raatter as I do, and who are ready to follow
it to its final issue, whatever pr>wherever that raay be. I subrait
to honorable Senators on the other side of the chamber, whether
these adjurations are in good taste ; whether it is not fair to pre
sume, that we have looked around us, examined what in our judg
ment we ought to do, and then deterrained to do it, corae what
may ? This great contrpversy with England cannot be adjusted
without a deep and soleran responsibility being cast upon all of us.
If there is a responsibility in going forward, there is a responsi
bility in standing still. Peace has its dangers as well as war.
They are not indeed ofthe same kind, but they may be more last
ing, more dishonorable, and raore destructive of the best interests
of the country ; because destructive of those hopes and sentiraents
which elevate the moral above the material world. Let us then
leave to each member of this body the course that duty points out
to hira, together with the responsibility he must meet, whether ar
raigned at the tribunal of his conscience, his constituents, or his
country. I observe, that as well myself, as other Senators, upon this side
of the Senate have been accused of dealing in rant and abuse —
that I believe is the term — in the remarks we have subraitted, from
tirae to time, upon the subject, as it carae up incidentally or di
rectly for consideration. This rant and abuse, of course, had re
ference to remarks upon the conduct and pretensions of England.
I should not have adverted to this topic, had it not been that the
honorable Senator frora North Carolina, [Mr. Haywood,] not now
in his place, has given color to the charge, by the expression of
his "mortification in being obliged to concede to the debates in the
British Parliament a decided superiority over ourselves in their
dignity and moderation."
He expressed the hope that "we raight get the news by the next
packet of an outrageous debate in the British Parliament." "At
least sufficient to put them even with us on that score."
Now, Mr. President, it is not necessary to wait for the next
packet for speciraens of the courtesies of British Parliamentary
eloquence. I hold one in my hands, which has been here sorae time, and
which, from the circurastances, and from the station of the speak
er, I at least raay be perraitted to refer to, when I find rayself,
araong others, charged with participating in an outrageous debate,
and when patriotisra would seem to demand an unbecoming exhi
bition in the British Pariiaraent, in order to restore, not our digni
ty, but our self-coraplacency.

life of GENERAL CASS. 237
Now, sir, I ara a firra believer in the courtesies of life, public
and private ; and I desire never to depart frora thera. In all I have
said, I have not uttered a word, which ought to give offence, even
to political fastidiousness. I have spoken, to be sure, plainly, as
becarae a man dealing in great truths, involving the character and
interests of his country, but becomingly. I have not, indeed, called
ambition moderation ; nor cupidity, philanthropy ; nor arrogance,
humility. Let hira do so, who believes them such. But I have
heard the desire of the West, that the sacred rights of their coun
try should be enforced and defended, called western avidity , in the
Senate of the United States ! I have not even imitated Lord
John Russell, and talked of blustering. Stifl less have I iraitated
a greater than Lord John Russell in talents, and one higher in
station, though far lower in those qualities, that conciliate respect
and esteem, and preserve thera.
He who seeks to knovv the appetite of the ' British public for
' abuse, and how greedily it is catered for, has but to consult the
daily colurans of the British journals ; but let hira, who has per
suaded himself that all is decorum in the British Parliament, and
that these legislative halls are but bear-gardens compared vvith it,
turn to the speeches sometimes delivered there. Let him turn to
a speech delivered by the second raan in the realra, by the late
Lord Chancellor of England, the Thersites indeed of his day and
country, but with high intellectual !)owcrs, and a vast stock of in
forraation, and who no doubt understands the taste of his country
men, and knows how to gratify it.
I have no pleasure in these exhibitions, vvhich lessen the dignity
of human nature ; but we must look to the dark as well as to the
bright side of life, if we desire to bring our opinions to the stand
ard of experience. In a debate in the British House of Lords, on
the 7th of April, 1843, I had the honor to be the subject ofthe,
vituperation of Lord Broughara ; and an honor I shall esteera it,
under the circumstances, as long as the honors of this world have
any interest for rae. I shall make no other aUusion to the raatter
but what is necessary to the object I have in view, to exhibit the
style of debate there, so much lauded here, and held up to our
countrymen as the beau ideal of all that is courteous and dignified
in political life. "There was one man," said the ex-chancellor,
"who was the very impersonation of mob hostility to England,
He wished to name him, that the narae raight be clear as the guilt
was undivided. He raeant General Cass, whose breach of duty to
his own Government was so discreditable, and even more flagrant
than his breach of duty to humanity as a raan, and as the free de-
scendent of free English parents, and whose conduct in all those
particulars it was impossible to pass over or palliate. This person,
who had been sent to maintain peace, and to reside at Paris for
that purpose, after pacific relations had been established between
France and America, did his best to break it, whether by the cir
culation of stateraents upon the question of international law, of

238 LIFE OP GENERAL CASS.
which he had no more conception than of the languages that were
spoken in the moon, [loud laughter,"] (this sarcasm provoked their
grave lordships to merriment,) "or by any other arguments of rea
son, for which he had no raore capacity, than he had for under
standing legal points and differences." "Por that purpose he was
not above pandering to the worst mob feeling of the United
States" — "a lawless set of rabble politicians of inferior caste and
station" — "a grovelling, groundling set of politicians" — "a set
of mere rabble, as contradistinguished from persons of property,
or respectability, and of information" — "groundlings in sta
tion," 4"^-
And I ara thus characterized by this modest and moderate En
glish Lord, because I did what little was in my power to defeat one
of the most flagitious atterapts of modern times to establish a do
minion over the seas, and which, under the pretext of abolishing
the slave trade, and by virtue of a quintuple treaty, would have
placed the flag, and ships, and seamen ef our country, at the dis
posal of England.
Lord Broughara did not always talk thus — not when one of his
friends applied to me in Paris to remove certain unfavorable im
pressions made in a high quarter by one of those imprudent and
impulsive remarks, which seem to belong to his moral habits. The
effort was successful. And now my account of good for evil with
Lord Brougham is balanced.
It is an irksome task to cull expressions like these, and repeat
them here. I hold thera up not as a warning — that is not needed
— but to repel the intiraation, that we ought to study the courtesies
of our position in the British Parliament.
When I came here, sir, I felt it due to myself to arraign no one's
motives, but to yield the sarae credit for integrity of action to oth
ers, which I claimed for rayself. The respect I owed to those who
sent me here, and to those to whom I was sent, equally dictated
this course. If sorae of us, as has been intiraated, are sraall raen,
who have attained high places, if we have no other claira to this
false distinction, I hope we shall at least establish that claim, which
belongs to decorum of language and conduct, to life and conver
sation. We all occupy positions here high enough, and useful
enough, if usefully filled, to satisfy the raeasure of any man's am
bition. It ought to be our pride and our effort to identify ourselves
with this representative body of the sovereignties of the States.
With this great depository of so much of the power of the Ameri
can people in the three great departments of their government,
executive, legislative, and judicial — to establish an esprit du corps,
which, while it shall leave us free to fulfil our duties, whether to
our country or to our party, shall yet unite us in a determination
to discard everything, which can diminish the influence, or lessen
the dignity, of the Senate of the United States. While I have
the honor of a seat here, I will do nothing to counteract these
views. I will bandy words of reproach with np pne. And the

LIFE PF GENERAL CASS. ' 239
same measure cf ccurtesy I ara prepared tc raete tp pthers, I trust
will be raeted by pthers tp rae. At any rate, if they are net, I will
have UP ccntentipn in this charaber.
I have regretted many expressicns which have been heard' dur
ing the prpgress pf this discussipn. Faction, demagogues, ultra
patriots, ambitious leaders, inflammatory appeals, invective, little
m^n seeking to be great ones, and other terms and epithets, not
pleasant to hear, and still less pleasant to repeat. Now, sir, noth
ing is easier than a bitter retort; and he who impugns the motives
of others, cannCt complain, if he is accused of measuring them
by his own standard, and seeking, in his own breast, their rule of
action. If one portion of the Senate is accused of being ultra on
the side of their country's pretensions, how easy to. retort the
charge by accusing the accusers of being ultra on the other ? But
what is gained by this war of words ? Nothing. On the contrary,
we lower our dignity as Senators, and our character as men. For
myself, I repudiate it all. 1 will have no part nor lot in it. I ques
tion the motives of no honorable Senator. I believe we have all
one coramon object — the honor and interest of our country. We
differ as to the best raeans of action, and that difference is one of
the tributes due to huraan fallibility. But there is np exclusive
patrictism, on "one side or other of this body ; and I hope there will
be no exclusive claira to it.
Some days since, in an incidental discussion, which sprung up,
I remarked that I could not perceive why the parallel of 49 de
grees was assuraed as the boundary of our claira. Why any raan
planted his foot on that suppositious line upon the face of the globe,
and erecting a barrier there, said, all to the north belong to Eng
land, and all to the south to the United States. My reraark was
merely the expression of my views, without touching the reasons
on which they were founded. The honorable Senators from
Maine, and Maryland, and Georgia, have since called in question
the accuracy of this opinion, and have entered somewhat at length
into the considerations, which prove that line the true line of de
marcation between the two countries. And the Senator from
North Carolina [Mr, Haywood] lays-much stress upon this mat
ter, making it in fact the foundation of a large portion of his ar
gument. That parallel is, in his view, the wall of separation be
tween our questionable and our unquestionable claims. To the
south he would not yield ; to the north he would, though he thinks
that even there our title is the best. There is an erroneous im
pression upon this subject somewhere, either with the ultra, or (if
I raay coin a word) the un-ultra advocates of Oregon ; and as this
line seeras to be a boundary, beyond which we raay look, indeed,
and wish, but must not go, it is worth while to exaraine suramarily
what are its real pretensions to the character thus assumed for it,
of being the line of contact and of separation between two great
nations. There is no need of discussing the right of civilized nations to

240 LIFE OF GENERAL CASS.
appropriate to theraselves countries, newly discovered and inhabi
ted by barbarous tribes. The principle and the practice have been
sanctioned by centuries of experience. What constitutes this right
of appropriation, so as to exclude other nations frora its exercise
in a given case, is a question, which has been differently settled in
different ages of the world. At one time it was the Pope's bull
which conferred the title ; at another it was discovery only ; then
settleraent under sorae circurastances, and under others discovery;
and then settleraent and discovery corabined. There has been
neither a uniform rule, nor a uniform practice. But under any
circurastances, it is not easy to see why a certain parallel of lati
tude is declared to be the boundary of our claim. If the valley
of a river were assuraed, a principle might be also assuraed, which
would shut us up in it. This would be a natural and a tangible
boundary. How, indeed, England could look to her own practice
and acquisitions, and say to us, you are slopped by this hill, or by
that valley, or by that river, I know not. England, whose colonial
charters extended from the Atlantic tothe South sea, as the Pacific
ocean was then called, and who actually ejected the French from
the country between the mountains and the Mississippi, where they
had first established themselves, upon the very ground that their
own rights of discovery, as shown by these charters, ran indefi
nitely west ; and who now holds the continent of Australia — a re
gion larger than Europe — by virtue of the right of discovery ; or,
in other words, because Captain Cook sailed along a portion of its
coast, and occasionally hoisted a pole, or buried a bottle. I am
well aware there must be liraits to this conventional title, by which
nevv countries are clairaed ; nor will it be always easy to assign
them in fact, as they cannot be assigned in principle. We claim
the Oregon territory. The grounds of this claira are before the
world. The country it covers extends frora California to the Rus
sian possessions, and frora the Rocky mountains to the Pacific
ocean, — a homogeneous country, unclaimed by England, when our
title commenced, similar in its character, its productions, its cli-
raate, its interests, . and its wants, in all that constitutes natural
identity, and by these eleraents of union, calculated forever to be
united together, — no raore to be divided by the parallel of 49 de
grees, nor by any of the geographical circles marked upon artifi
cial globes. No raore to be so divided, than any of the posses
sions of England, scattered over the world. In thus claiming the
whole of this unappropriated country, unappropriated when our
tide attached to it, the valley of the Colurabia, the valley of Fra
zer's river, and all the other hills and vallies which diversify its
surface, we but follow the exaraple set us by the nations of the
other heraisphere, and hold on to the possession of a country, which
is one, and ought to be indivisible.
It is contended that this parallel of 49 degrees is the northern
boundary of our just claira, because for many years it was assu
med as such by our Government, and that we are bound by its ear-

LIFE OF GENERAL CASS. 241
ly course in this controversy; that the treaty of Utrecht, in 1713,
between France and England, provided for the appointment of
coramissioners, to establish a line of division between their respec
tive colonies upon the continent of North America, and that this
parallel of 49 degrees was thus established. The honorable Sena
tor from Georgia, in his remarks a few days since, if he did not
abandon this pretension, still abandoned all reference to it, in the
support of his position. He contended, that the parallel of 49
degrees was our boundary, but for other reasons. In fhe view I
ara now taking, sir, ray principal object, as will be seen, is to show
that we are atiiill liberty to assert our claira to the country north
of 49 degrees, unerabarrassed bythe early action of our own Gov
ernment, by showing that the Government was led into error re
specting its rights by an historical stateraent, probably inaccurate
in itself, certainly inaccurate, if applied to Oregon, but then sup
posed to be true in both respects. Now, what was this error ? It
was the assertion I have just raentioned, that agreeably to the treaty
of Utrecht, the parallel of 49 degrees was established as a boun
dary, and having been continued west, had becorae the northern
limit of Oregon — at least of our Oregon. Upon this ground, and
upon this ground alone, rested the actions and the pretensions of
our Government in this raatter. So far then, as any question of
national faith or justice is involved in this subject, we raust test
the proceedings of the Governraent by its own views, not by other
considerations presented here at this day. The Governraent of
the United States gave to that of Great Britain their clairii, and
their reasons for it. That claira first stopped at 49 degrees, while
the treaty of Utrecht was supposed to affect it, as part of Louisi
ana, and before we had acquired another title by the acquisition of
Florida. Since then, it has been ascertained that that treaty never
extended to Oregon ; and we have strengthened and perfected our
claim by another purchase. It is for these reasons, that I confine
myself to what has passed between the two Governraents, with a
view to ascertain our present obligations, and orait the considera
tions presented by the honorable Senator frora Georgia. I will
barely remark, however, that in the far most important fact to
which he refers, as affecting the extent of our claira — to wit : the
latitude of the source of the Columbia river — he is under a mis
apprehension. He put it at 49 degrees. But it is far north of
that. It is navigable by canoes to the Three Forks, about the
latitude of .52 degrees. How far beyond that is its head spring, I
know not.
Mr. Greenhow, in his work on Oregon — a work marked with
talent, industry, and caution — has explained how this misappre
hension respecting the parallel of 49 degrees originated. He has
brought forward proofs, both positive and negative, to show that no
such line was established by the treaty of Utrecht, nor by coramis-
saries, named to carry its provisions into effect. I shall not go
over the subject, but beg leave to refer the gentlemen, who main-
16

¦242 LIFE OF GENERAL CASS.
tain the contrary opinion, to the investigations they will find in
that work. The assertion, however, has been so peremptorily
made, and the conclusions drawn from it, if true, and if the line
extended to Oregon, would discredit so large a portion of our title
to that country, that I raay be pardoned for briefly alluding to one
or two considerations, which seera to rae to deraonstrate the error
respecting this assuraed line of parallel of 49 degrees, at any rate
in its extension to Oregon.
It will be perceived, sir, that there are two questions involved
in this raatter ; one a purely historical question, whether coramis-
saries acting under the treaty of Utrecht, established the parallel
of 49 degrees as the boundary between the French and English
possessions upon tliis continent ; and the other a practical one,
whether such a line was extended vvest to the Pacific ocean.
As to the first, sir, I refer honorable Senators to Mr. Greenhow's
work, and to the authorities he quotes. I do not presurae to speak
authoritatively upon the question, but I do not hesitate to express
my opinion that Mr. Greenhow has made out a strong case ; and
ray own irapression is, that such a line was not actually and offi
cially established. Still, sir, I do not say that it is a point, upon
which there raay not be differences of opinion ; nor that, however
it raay be ultiraately deterrained, the solution of the matter will
discredit the judgment of any one. This, however, has relation to
the line terminating with the Hudson Bay possessions ; and as I
have observed, the fact is a mere question of history, without the
least bearing upon our controversy vvith England.
I have, however, one prelirainary remark to make in this con
nexion, and it is this : let hira who asserts that our claim west of
the Rocky mountains is bounded by the parallel of 49 degrees,
prove, it. The burden is upon hira, not upon us. If commissaries
under the treaty of Utrecht established it, produce their award.
Proof of it, if it exists, is to be found in London or Paris. Such
an act was not done without leaving tbe most authentic evidence
behind it. Produce it. When was the award made? What were
its terms ? What were its circumstances ? Why, a suit between
raan and man for an inch of land, would not be decided by such
evidence as this, especially discredited as it is, in any court of the
United States. The party claiming under it would be told. There
is better evidence in your power. Seek it in London or Paris, and
bring foriuard the certified copy of the proceedings of the commis
sioners. This is equally the dictate of coraraon sense and of cora
mon law, and there is not always the same union between those
high tribunals, as many know, to their cost. Let no raan, there
fore, assume this line as a barrier to his country's claim without
proving it.
This line is first historically made known in the negotiations be
tween our Government and that of England by Mr. Madison, in a
dispatch to Mr. Monroe in 1804. Mr. Madison alludes to an his
torical notice he had somewhere found, stating that commissioners

LIPE OF GENERAL CASS. 243
under the treaty of Utrecht had established the line of 49 degrees
as the boundary of the British and French possessions, thus fixing
that parallel as the northern boundary of Louisiana. I have exara
ined this dispatch, and I find that he speaks doubtfully respecting
the authenticity of this notice ; and desires Mr. Monroe, before
he made it the basis of a proposition, to ascertain if the facts were
truly stated, as the means of doing so were not to be found in this
country. Mr. Monroe, however, could have raade no investiga
tion ; or, if he did so, it raust have been unsatisfactory, for he
transmits the proposition substantially in the words of the historian
Douglass, from whora, probably, Mr. Madison acquired this notice,
without reference to any authority, either historical or diploraatic.
I cannot find, that the British Governraent ever took the slight
est notice of the assertion respecting this incident, growing out of
the treaty of Utrecht, though it has been referred to raore than
once by our diploraatic agents, in their coraraunications to the Bri
tish authorities since that period.
But in late years, it has disappeared frora the correspondence,
and neither party has adverted to it, nor relied upon it. It is
strange, indeed, that in this body we should now assurae the exist
ence of a fact like this, supposed to have a most iraportant bear
ing upon the rights of the parties, when the able men to whose
custody the maintenance of these rights has been recently cora
mitted, have totally abandoned it in tbeir arguraents and illustra
tions. The assumption was originally an erroneous one — certainly
so, so far as respects Oregon ; but while it vvas believed to be true,
the consequences were rightfully and honestly carried out by our
Governraent, and the line was clairaed as a boundary. But our
Government is now better inforraed, as the British Governraent, no
doubt always were, and thence their silence upon the subject; and
the titles of both parties are investigated without reference to this
historicl error,or to the position in which it teraporarily placed them.
The treaty of Utrecht never refers to the parallel of 49 degrees,
and the boundaries it proposed to establish were those between the
French and English colonies, including the Hudson Bay Corapany
in Canada. The charter of the Hudsen Bay Company granted to
the proprietors all the "lands, countries and territories," upon the
waters discharging themselves into Hudson's Bay. At the date of
the treaty of Utrecht, which was in 1713, Great Britain clairaed
nothing west of those "lands, countries and territories," and of
course there was nothing to divide between her and France west
Of that line.
Again, in 1713, the northwestern coast was alraost a terra incog
nita — a blank upon the map ofthe world. England then neither
knew a foot of it, nor claimed a foot of it. By adverting to the
letter of Messrs. Gallatin and Rush, comraunicating an account of
their interview with Messrs. Goulburn and Robinson, British cora
missioners, dated October 20th, 1818, and to the letter of Mr. Pa-
kenham to Mr. Calhoun, dated September 12th, 1844, it will be

244 LIFE OF GENERAL CASS.
seen that the coramencement of the British claira is effectively
limited to the discoveries of Captain Cook in 1778. How, then,
could a boundary have been established fifty years before, in a re
gion where no Englishman had ever penetrated, and to which Eng
land had never asserted a pretension? And yet the assuraption,
that the parallel of 49 degrees was established by the treaty of
Utrecht, as a line between France and England, in those unknown
regions, necessarily involves these inconsistent conclusions. But
besides, if England, as a party tothe treaty of Utrecht, established
this line running to the western ocean as the northern boundary of
Louisiana, what possible claim has she now south of that line ?
The very fact of her existing pretensions, however unfounded these
may be, shows that she considers herself no party to such a line
of division. It shows, in fact, that no line vvas run ; for if it had
been, the evidence of it would be in the English archives, and, in
truth, would be known to the world vvithout contradiction. The
establishraent of a boundary between two great nations is no hid
den fact; and we may now safely assurae, that the parallel of 49
degrees never divided the Oregon territory, and establishes no bar
rier to the rights by which we claira it. The assertion was origi
nally a raere dictum, now shown to be unfounded.
The Senator from Maine has adverted likewise to the treaty of
1763, as furnishing additional testimony in favor of this line.
That treaty merely provdes, that the confines between the British
and French dominions shall be fixed irrevocably by a line drawn
along the middle of the river Mississippi, from its source, &-c.
This is the whole provision that bears upon this subject. I do not
stop to analyze it. That cannot be necessary. It is obvious that
this arrangeraent raerely established the Mississippi river as a
boundary between the two countries, leaving their other claims
precisely as they formerly existed. And this, too, was fifteen
years before the voyage of Captain Cook, the comraenceraent of
the British title on the northwest coast. Briefly, sir, there are six
reasons, which prove that this parallel was never established un
der the treaty of Utrecht, so far at least as regards Otegon.
1. It is not shown that any line was established on the parallel
of 49 to the Pacific ocean,
If the fact be so, the proper evidence is at Paris or London, and
should be produced.
2. The country on the northwestern coast was then unknown,
and I believe unclairaed ; or, at any rate, no circurastances had
arisen to call in question any claira to it.
3. The British negotiators in 1826, and their Minister here in
1844, fixed, in effect, upon the voyage of Captain Cook in 1778,
as the coramencement of the British title in what is now called
Oregon. 4. The treaty of Utrecht provides for the establishment of a line
between the French and English colonies, including the Hudson
Bay Company. The British held nothing west of that company'^

LIFE OF GENERAL CASS. 245
possessions, which, by the charter, includes only the "lands, coun
tries and territories," on the waters running into Hudson's Bay.
5. If England established the line to the Pacific ocean, she can
have no claim south of it ; and this kind of ar^umentum ad homi
nem becoraes conclusive. And, let me add, that I owe this argu
ment to my friend frora Missouri, [Mr. Atchison,] to whose re
marks upon Oregon the Senate listened with profit and.pleasure
some days since.
6. How could France and England claim the country to the Pa
cific, so as to divide it between thera in 1730, when, as late as
1790, the British Governraent, by the Nootka convention, express
ly recognized the Spanish title to that country, and clairaed only
the use of it for its own subjects, in coraraon with those of Spain ?
I now ask, sir, what right has any Araerican statesraan, or what
right has any British statesraan, to contend that our claim, what
ever it may be, is not just as good north of this line as it is south
of it. When this question is answered to my satisfaction, I, for
one, will consent to stop there. But until then, I am araong those
who mean to march, if we can, to the Russian boundary.
Now, Mr. President, it is the very ground assumed by the Sena
tor frora North Carolina, and by other Senators, respecting this
parallel of 49 degrees, together with the course ofthis discussion,
which furnishes rae with the raost powerful arguraent against the
reference of this controversy to arbitration.
Ihave shown, I trust, that there is no such lineof deraarcation,
established under the treaty of Utrecht, extending to the Oregon
territory, and the misapprehension, whence the opinion arose.
While such a conviction prevailed, it was fairly and properly
assumed by the Governraent as the northern boundary of the Ore
gon claim, before the Florida treaty. Since that treaty I consider
the offers on our part as offers of coraproraise, not recognitions of
a line, from the resumption of negotiations by Mr. Rush, who car
ried our title to 51 degrees, to their abandonraent in 1827 by Mr.
Gallatin, who, finding a satisfactory adjustraent impossible, with
drew the pending offer, and asserted that his Governraent "would
consider itself at liberty to contend for the full extent of the claims
of the United States." And for their fuU extent we do claira.
And I take the opportunity to tender ray sraall tribute of approba
tion to the general conduct of these negotiations by the Araerican
Governraent, and their commissioners, and especially to Mr. Rush,
a citizen as well known for his private worth as for his high talents
and great public services, and who seeras to have been the first,
as Mr. Greenhow reraarks, "to inquire carefully into the facts of
the case."
And it is not one of the least curious phases of this controversy,
that down to this very day the pretensions of England are either
wholly contradictory, or are shrouded in apparently studied obscu
rity. She asserts no exclusive claira anywhere, but an equal claim
everywhere.

246 LIFE OF GENERAL CASS.
"A right of joint occupancy in the Oregon territory," says the
British Minister in his letter to Mr.Calhbun, dated Septeraber 12th,
1844, "of which right she can be divested with respect to any part
of that territory, only by an equal partition ofthe whole between
the parties."
And yet, notwithstanding he refers to the vvhole territory, still,
in the protocol of the conference at Washington, dated Septera
ber 12th, 1844, he refused to enter into any discussion respecting
the country north of 49 degrees, because it was understood by the
British Government to form the ba|is of negotiation on the part of
the United States. Thus, on the I2(h of Septeraber, recognizing
our right to an equal, undivided moiety of Oregon, and two weeks
after coolly claiming the northern half of it, as a fact not even to
be called into question, and then offering to discuss vvith us the
mutual claims of the two countries to the southern half!
Well, sir, influenced by the motives I have stated, and by a de
sire to terminate this tedious controversy, this parallel of 49 de
grees, soraetiraes without an accessory, has been four times offer
ed by us to the British Government, and four times rejected, and
once indignantly so ; and three tiraes withdrawn. Twice with
drawn in the very terms — once by Mr. Gallatin, November 15th,
1826, who withdrew a proposition made by j\Ir. Rush, and once
during the present adrainistration ; and once withdrawn in effect,
though without the use of that word, by Mr. Gallatin, in 1827,
who announced to the British negotiators "that his Governraent
did not hold itself bound hereafter, in consequence of any propo
sal, which it had made for a line of separation between fhe terri
tories of the two nations beyond the Rocky mountains ; but would
consider itself at liberty to contend for the full extent of the clairas
of the United States."
The Senator frora Louisiana vvill perceive, that he was in error
yesterday, when he said, that no offer of a compromise had ever
been withdrawn, till the withdrawal made bythe present Adminis
tration, unless such offer had been announced as an ultimatum.
But without recurring to any authority upon this subject, it is evi
dent, that if a nation is forever bound by an offer of compromise
no prudent nation would ever raake such an offer. There would
be no reciprocity in such a condition of things. In controversies
respecting territory, each party would hold on to its extrerae lirait;
for ifit raade an pffer less than that, it would abandon, in fact, so
much of its own pretensions, leaving those of its opponent in their
full integrity.
Such, sir, is the state of our controversy with England ; and
yet honorable Senators upon this floor, able lawyers and jurists al
so, maintain that this line, thus offered, and refused, and with
drawn, is now in effect the limit of our claira, and that we are
bound honorably, and morally, and they say, at the risk of the
censure ofthe world, to receive it as our boundary whenever Eng
land chooses so to accept it. This is all very strange, and would

LIFE OF GENERAL CASS. 247
seera to me so untenable, as not to be worthy of examination, ifit
were not urged by such high authorities. Let us look at it.
The honorable Senator frora Maryland has entered more fully
into this branch of the subject than any ofher raeraber Pf this bpdy,
and I shall therefore confine my inquiries to his remarks.
There are two propositions connected vvith this raatter, which
it is proper to consider separately. The first is, the obligation
upon the President, agreeably to his own views, to accept this re
jected ofler, if it conies back to hira ; and the other is, the obliga
tion upon the country, and upon this body, as one of its deposita
ries of the treaty-raaking power, to confirm the act of the Presi
dent, should it come here for confirmation. What, sir, is a com
promise ? It is an offer made by one party to the other to take
less than his whole claira, with a view to an amicable adjustment
of the controversy, whatever this may be. The doctrine of cora-
proraises is founded upon universal reason; and its obligations, I
believe, are everywhere the sarae, whether in the codes of munici
pal or general law. An offer raade in this spirit never furnishes
the slightest presuraption againstthe claira ofthe party raaking it;
and for the best of reasons, not only that this araicable process of
settleraent may be encouraged and extended, but because it will
often happen, that both individuals and nations raay be willing to-
sacrifice a portion of what they consider their just rights, rather
than encounter the certain expense and trouble, and the uncertain
issue of litigation, whether that litigation be in a court of justice,
or upon a battle field. Such is the general principle ; and the
practical operation of any other would hold one ofthe parties for
ever free. One makes his offer, and raust adhere to it, while the
other declines it, or refuses it, and still raay hold on to it indefinitely.
Surely it cannot be necessary to pursue this illustration farther.
Such a construction as this, which plays fast and loose at the sarae
tirae, carries with it its own refutation, however respectable the
authority, which atterapts to support it. But, reverting to the ob
ligation of the President, what says the honorable Senator from
Maryland ? He says that the President — not Jaraes K. Polk, but
the Chief Magistrate ofthe nation — having felt an iraplied obliga
tion to renew the offer of 49 degrees, is now bound in all tirae to ac
cept it, and, I suppose, patiently to wait for it, till the deraand
coraes. 1 must say, that in this brief abstract of the President's
views, the Senator has hardly done justice to hira. I do not stand
here to say, what the President wifl do, should Great Britain pro
pose to accept the parallel of forty-nine degrees, as the boundary
between the two countries. In the first place it would be to argue
upon a gratuitous assumption. I have not the slightest reason to
believe, that the British government have given any intiraation
that it wiU ever corae back to that line. But, in the second place,
if it should, what then? The incipient step is for the President to
take, and I should leave the matter here, without reraark, had not
the Senator frora Maryland, and the Senator from North Carolina

248 LIFE OF GENERAL CASS.
and other Senators, labored to impress the conviction, that the
President ought, and must, and would close with the British pro
position to accept the parallel of forty-nine degrees, should it be
made. I shall not analyze the words of the President's raessage,
but content rayself with a general allusion to it. Truth is seldom
promoted by picking out particular phrases, and placing thera in
ju.xtaposition. The President says — and it is evident the whole
message was carefully prepared — that though he entertained the
settled conviction, that the British title to any portion of Oregon
could not be raaintained ; yet, in deference to the action of his
predecessors, and to vvhat had been done, and in consideration,
that the pending negotiation had been comraenced on the basis of
compromise, he deterrained, in a spirit of coraproraise, to offer a
part of what had been offered before — the parallel of forty-nine
degrees, without the navigation of the Columbia river. He says
this proposition was rejected, and in vvhat terms we all know, and
that he imraediately withdrew it, and then asserted our title to the
whole of Oregon, and raaintained it by irrefragable arguraents.
Now, sir, I ara not going to argue vvith any man, vvho seeks to de
duce from this language a conviction in the raind of the President,
that he considers hiraself under the slightest obligation to England
to accept the parallel of forty-nine degrees, should she desire it
as a boundary. In this account of his proceedings, he is explain
ing to his countryraen the operations of his own raind, the reasons
which induced him to raake this offer, made, as he says, "in de
ference alone to vvhat had been done by my predecessors, and the
iraplied obligations their acts seemed to impose." What obliga
tions ? None to England, for none had been created ; but the
obligations iraposed upon aprudent statesraan to look at the actions
and views of his predecessors, and not to depart from thera with
out good reasons. The obvious meaning is this : I found the ne
gotiations pending ; after an interv-al of alraost twenty years, they
had been renewed; they began on the basis of coraproraise, and
though three tiraes a coraproraise had been offered to England and
rejected, and though she had not the slightest right to claira, or'
even expect it would be offered to her again, and though I deter
mined, that the sarae proposition should not be offered to her, still,
as a proof of the raoderation of the United States, I deeraed it ex
pedient to make her another offer, less than the preceding one,
which, a quarter of a century before, she had rejected. A curious
pbligatipn this, ifit had reference to the rights of England, and a
curious mode of fulfilling it I If he (the President) were under
any obligation, the obligation was complete, to make the pffer as
it Jiad been raade before. And she has the sarae right to claim
the navigation of the Colurabia river, that she has to claira the
parallel of forty-nine degrees as a boundary ; and the honorable
Senator from Louisiana has placed the raatter upon this very
ground. Assuraing, that the obligation referred to by the Presi
dent was an obligation to England, he thinks the President failed

LIFE OF GENERAL CASS. 249
in his duty in not carrying out his own views of the national duties.
Why, sir, if offers of coraproraise were to be raade till doomsday,
the rights of both parties would remain in their integrity. And
what offer creates this implied obligation ? Several offers have
been made by our governraent to that of England for the adjust
ment ofthis controversy. Which creates this obligation, one of
them, or all of thera ? But it is very clear, sir, that neither of them
creates it. The coraraon-sense view of this subject is the true one
in this case, and in most other cases. The party offering says to
its adversary, I will consent to that line. If you consent to it, our
controversy will be amicably adjusted. The only obligation created
by this act is, to allow reasonable time to the other party for deci
sion, and then faithfully to adhere to the terms, should they be ac
cepted. If unreasonably delayed, still raore, if rejected, both par
ties are thrown back upon their original position, unembarrassed
by this atterapt at conciliation.
But, sir, the President is a judge of his pwn duties. I ara npt
afraid to leave thera with him — they are in safe keeping. Should
the question respecting this parallel ever be presented to hira for
decision, I have a perfect conviction, that whether he decide fpr
it or against it, or refer it to the consideration of the Senate, he
will fulfill his responsible duties with a conscientious regard to the
high obligations he is under to the country and to the Constitu
tion. But we, too, have duties to perforra, and araong these raay
be the necessity of deciding for ourselves the nature and extent of
this obligation upon the nation.
I do not speak now of any considerations of expediency, which
may operate upon the decision of this matter. There are none
which will operate upon me. But I assume to myself no right to
prescribe the course of others, whether of the President or of the
Senate, or to judge it when taken. But I reject this doctrine of
a national obligation to England. I deny the right of any one to
corarait the faith of this country to a rejected line — to bind us,
leaving our opponent unbound — to convert a raere offer of cora
proraise into the surrender of a claira ; to change the established
opinions and usages of the world upon this subject. It seeras to
me that a cause cannot be strong which needs such auxiliaries for
its support.
But, sir, this doctrine, as I before observed, and the course of
the reraarks by which it is endeavored to raaintain it, furnish to
me conclusive arguraents against the reference of this controversy
to arbitration. Here, at horae, in this co-ordinate branch of the
national legislature, we are told, and alraost ex cathedra too, that
we have concluded ourselves, by this offer of forty-nine degrees,
and that upon that parallel raust be our boundary, when England
makes up her mind to corae to it. Now, in this state of the raat
ter, what would be the effect of an arbitration ? The Secretary of
State, in his answer to the British Minister, has ably and truly ex
posed the tendency of this process of adjustment, whether public

250 LIFE OF GENERAL CASS.
or private. Its tendency is not to settle the actual rights of the
parties, but to compromise them. To divide, and not to decide.
We all know this, and he who runs raay read it in the history of
almost every arbitration, within the circle of his observation.
Though, as I have already said, the offers of coraproraise we have ,
raade to England ought not to furnish the slightest presumption
against the validity of our whole claira, and would not, before any
well-regulated judicial tribunal in Christendora, yet corarait our
cause to arbitration, and where are we ? We raight as well throw
to the winds all the facts, and arguraents, and illustrations, upon
which we build our claim, and say to the arbitrators, do as you
please, we are at your raercy. For this they would do at any rate.
They would not heed your views, but they would turn to the his
tory of the controversy, and to the course of the parties. They
would raeasure what each had offered, and would split the differ
ence to the ninth part of a hair. They would assume, that the
Araerican claira goes to the forty-ninth parallel, and the British
claim to the Colurabia river ; and they would add, and subtract,
and multiply, and divide, till all this process would end in a toler
ably equal partition of vvhat no one on this floor denies, and what
every Araerican, or alraost every American, as firmly believes
makes part ofhis country, as does the tomb at Mount Vernon, or
the grave at the Hermitage, where countless generations of men
will come as to places of pilgrimage — not, indeed, to worship, but
to think upon the days and the deeds ofthe patriots and warriors
who sleep below. You could not find a sovereign nor a subject,
a State nor a citizen in Christendom, who, in such a controversy
between two great nations, vvould not rather decide with the divi
ders, than with the titles. Well, sir, I agree fully, that if we wish
to get rid of all this matter without regard to the why or the how,
we may safely commit it to the custody of arbitrators. Their de
cision, though we should know it before hand, raight be consid
ered a plaster for our wounded honor. A poor one, indeed, which
would leave a raost unsightly scar. But, in reality, sir, this course
of action would be open and obvious to ourselves and to the world.
Its raotives and its results would be equally palpable. We should
lose rauch in interest, and rauch raore in character. For rayself,
I would far rather divide with England this portion of the territory,
than commit our rights to arbitration There would be some mag-
naniraity in such a. procedure. But to take shelter behind this
forra of trial is to^resort to a miserable subterfuge, which, under
the pretext of an equal adjustraent, would be but a surrender. If,
then, we seriously believe in our own clairas, even to forty-nine
degrees, and sincerely desire to raaintain thera, we raust unite in
approving the rejection, by the President, of this pacific raeans of
transferring to England a valuable part of our coraraon country.
Mr. President, the honorable Senator frora North Carolina, not
now in his seat, cafled those, who believe our title to fifty-four de
grees forty rainutes to be clear, the ultra friends of the President,

LIFE OF GENERAL CASS. 251
and, I understood hira, he clairaed to be his true friend, saving him
from those iraprudent ones. As I find myself in this category, I
am obnoxious to the charge, and with the natural instinct of self-
defence, I desire to repel it. We are ultra friends, because we
do not stop at forty-nine degrees. I have already shown, that
there is no stopping place on that parallel — no true rest for an
Araerican foot. The Senator hiraself considers our title to that
line clear and indisputable, and I understood him that he would
maintain it, come what might. Well, if it is found that the treaty
of Utrecht no more extended to Oregon than to the moon, whatever
other boundary raay be sought or found, it cannot be that purely
gratuitous boundary — the parallel of forty-nine degrees. And as
the Senator frora North Carolina must leave it, where will he find
a better barrier than the Russian possessions? But he says, also,
that though our title to the country north of forty-nine degrees is
not indisputable, still it is better than any other title. Now, I will
appeal to the Senator's charity — no, not to his charity, that is not
necessary — but Iwill appeal to his sense of justice, to say, whether
such a difference of opinion as exists between hiraself and rae on
this subject can justly be characterized as ultraism on my part.
Our title, he says, is the best — not indisputable ; but still the best.
The same evidence, which produced this conviction in his mind,
produces a stronger one in raine ; and this is the tribute, which
every day's experience pays to huraan fallibility We are differ
ently constituted, and differently affected by the same facts and
arguraents. While the honorable Senator stands upon the parallel
of forty-nine degrees, as the precise line, where our questionable
and unquestionable titles raeet, there are raany, and I ara among
the number, who carry our unquestionable title to the Russian
boundary in one direction, and sorae, perhaps, though I have not
found one, who carry it in another direction to the Colurabia river.
It seeras to me in bad taste, to say the least of it, for any raeraber
to assurae his own views as infallible, and to say to all the world,
who differ frora him, whether on the right hand or the left, my op
inion is the true standard of orthodoxy, and every one who departs
from it is a heretic and an ultra. Thus to stigmatize a large por
tion ofthe Senate, is not, I am sure, the intention ofthe Senator ;
tut such is, in fact and effect, the direct tendency of his remarks.
We are ultra, because, to use a somewhat quaint but a forcible
apothegm, we will not measure our corn by his bushel. Why, sir,
we have each a bushel of our own, given us by the creator, and
till the Senator's is sealed and certified by a higher authority,
we beg leave to keep our own, and to raeasure our duties by it.
I did not understand the precise object of some of the reraarks
of the Senator of North Carolina, though I had less difficulty re
specting the remarks themselves. He told us the President no
where claimed fifty-four degrees forty minutes ; and I presurae he
thus contended in order to show that the President might consist
ently accept any boundary sputh of that parallel. I again disclaim
all interference with the President in the execution of his duties.

252 LIFE OF GENERAL CASS.
I do not think, that what he will do in a gratuitous case, should
furnish the subject of speculation upon this floor. I know what I
will do, and that is enough for me; and as I took the opportunity,
three years ago, in a public and printed address, at Fort Wayne,
to define ray position in this raatter, before I became a member of
this body, my allusion to it here cannot be deemed the premature
expression of ray opinion I then said : '
" Our claira to the country west of the Rocky raountains is as
undeniable as our right to Bunker's Hill and New Orleans; and
who will call in question our title to these blood-stained fields?
And I trust it vvill be maintained with a vigor and promptitude
equal to its justice. War is a great evil, but not so great as na
tional dishonor. Little is gained by yielding to insolent and unjust
pretensions. It is better to defend the first inch than the last.
Far better, in dealing with England, to resist aggression, whether
of impressraent, of search, or of territory, when first atterapted,
than to yield in the hope, that forbearance will be raet in a just
spirit, and will lead to an amicable compromise. Let us have no
red lines upon the map of Oregon. Let us hold on to the integrity
of our just claim. And if war come, be it so; I do not believe it
will be long avoided, unless prevented by intestine difficulties in
the British Empire. And wo be to us, if we flatter ourselves it
can be arrested by any systera of concession. Of all delusions,
this would be the raost fatal, and we should awake frora it a dis
honored, if not a ruined people."
Now the Oregon I claim, is all Oregon, and no vote of mine in
this Senate will surrender one inch ofit to England. But the Sen
ator frora North Carolina says, that the Oregon the President
clairas is an Oregon of his own, and not the country, which now
excites the anxious solicitude of the Araerican people. And ifit
were so, is it the duty ofa friend, I raay alraost say claiming to be
an exclusive one, to hold up to his countryraen the woid of prom
ise of their Chief Magistrate, thus kept to the ear, but not to the
hope? But it is not so. The honorable Senator has been led in
to an error — a palpable error. The President says the Briti^
pretensions could not be raaintained to any portion ofthe Ore^h
territory. He says, also, that our title to the whole of the Oregon
territory is maintained by irrefragable facts and arguments. He
says British laws have been extended throughout the whole of
Oregon. Now, sir, has any raan a right to say, that the President
falters in his purpose, by talking of the whole of a country, when
he does not mean the whole of it? No, sir ; the idea never occur
red to hira, never crossed his mind. When he said Oregon, he
meant so; and I have no raore doubt, than I have of my existence,
that he believes as firraly in the American title to it, as he believes
he is now the Chief Magistrate ofthe United States.
Ifit were possible, that this proposition needed support, it would
be easily found. The coraraunications of the Secretary of State,
are the cpramunicaticns of the President, written by his direction

LIFE OF GENERAL CASS. 253
and submitted for his approbation, and never sent without his su
pervision, and very seldora, I imagine, without emendations by him.
The correspondence with the British Minister, laid before us at
the comraenceraent of the session, was doubly his. His, because
carried on by his Secretary of State, with a foreign governraent,
and his, because coraraunicated to Congress and his country, as
the depositary of his views and measures. Well, sir, in the letter
from the Secretary of State to Mr. Pakenham, dated July 12th,
1845, Mr. Buchanan says :
" Upon the whole, frora the raost careful and ample exaraination
which the undersigned has been able to bestow upon the subject,
he is satisfied that the Spanish American title now held by the
United States, embracing the whole territory between the parallels
of forty-two degrees and fifty-four degrees forty minutes, is the
best title in existence to this entire region," &c.
And he adds :
" Notwithstanding such was and still is the opinion of the
President," &c.
Human words and huraan deeds are worthless to disclose huraan
opinions, if the Oregon of the President is not the Oregon we
claira and hope to secure.
The Senator frOra North Carolina has presented to us sorae pe
culiar views of the President's position and duties, and has deduced
his future course, not from his message, but from extrinsic circura
stances, acts of omission and of commission, as he calls thera, by
which the language of the President is to be controlled, and his
further course in this controversy regulated. I doubt the propri
ety, as well as the wisdom of all this, either as regards the Presi
dent, the Senate, or the country. If successful in his declarations
or expositions, whichever the^ raay be, I do not see what practical
advantage the Senator expected to gain. The 'President would
still have to perform his own duties, and we to perforra ours, with
out reference to the embarrasments created by this novel raode of
reading the past views and the future course ofthe Chief Magis
trate. In the raean time, what better plan could be devised to
excite the public mind, and to rouse suspicions, which would fly
upon the wings of the wind to the furthest verge of the country?
No such intentions ever entered the mind of the honorable
Senator ; but I submit to him, if, in its very nature, this pro
cess is not calculated to produce such a result, and whether, in
fact, it has not produced it. And yet, it seems to me, that the
reasons in support of it are utterly insufficient to justify the con
clusions. What are these reasons ? I will just touch sorae of thera, hav
ing no tirae to pursue the subject.
There were two acts of commission ; one was the offer before
made ofthe paraUel of forty-nine degrees as a coraproraise; and
the other was the expression of Mr. Buchanan in his last letter to
the British Minister, dated August 30th, 1845, that the Presi-

254 LIFE OF GENERAL CASS.
dent hoped the controversy would be terrainated without a collision.
Now, sir, as to the first. I trust I have shown, that whatever
course the President raay pursue respecting the parallel of forty-
nine degrees, as a boundary hereafter, his duty will be before hira,
unembarrassed by the offer heretofore made, and that, consequent
ly, that circumstance is no key to unlock the hidden future.
And as te the second. I will ask the honorable Senator if, upon
reflection, he thinks the expression of the President's hope is really
entitled to this consideration.
It seeras to rae partly a polite and courteous phrase, and partly
the sincere declaration ofa wish, that some mode might be devised
for an araicable adjustment of this raatter. Let us not deprive
diploraatists of that hope, which carries us all forward tothe bright
recorapense of the future. But let us not convert the expression
ofit into solid promises, nor settled convictions.
And what are the acts of omissionl One is the neglect to re
comraend defensive raeasures, and the other is a want of confi
dence in the chairraan ofthe Committee on Foreign Relations.
And now for the first, I presume ere this the honorable Sena
tor is aware, that he has entirely misunderstood the views of the
President upon this subject. In his raessage, at the commence
ment of the session, the President recommended that a force of
mounted riflemen should be raised, and also an augraentation of
the naval raeans ofthe country. But later in the session, in con
forralty with resolutions which originated here, recoraraendations
and estimates, seen and approved by the President, and his in fact,
agreeably to the constitution of our Executive departraent, were
sent, by the Secretaries of the War and ofthe Navy, to the proper
committees of the Senate. A bill was reported by the Naval Cora
raittee for an additional steam force, and was ably and vigorously
advocated by the honorable chairman of that comraitte. But it
was put to sleep, partly, if not principafly, I believe, upon the ground
that, if you cannot iraraediately equip a navy, therefore you must
not build a ship ; And if you do not require an army, therefore you
must not raise a regiment. And the result raay well have been
taken as an indication both by the Naval and Military Corarait-
tees, that the Senate did not deera an augmentation ofthe defen
sive means ofthe country necessary under the circurastances, and
therefore prevented all further action on their part, as useless.
For I consider the proposition of the Naval Coraraittee, thus put
to sleep, one ofthe least objectionable of all the raeasures submit
ted to us under the sanction of the President. I have looked over
these estimates, sir, both from the War and Navy Departraents,
and I consider them proper and judicious, in the existing state of
our relations with England; and I wfll add, the heads of both of
those departments discharged their responsible duties — for their
duties were responsible — in a satisfactory manner.
A brief recapitulation may not be unacceptable, nor unpro
fitable.

LIFE OF GENERAL CASS. 255
t
The Secretary of War recommended the imraediate passaged a
bill for the new works.
An appropriation of three hundred thousand doflars for the fort
ification and obstruction of channels; and also for field works.
An appropriation of one hundred thdusand dollars for general
contingencies in the field, including the preparation of a pontoon
equipage. An estiraate of the sura of five million doflars, as necessary for
fortifications and obstructions, to be appropriated when Congress
might think the aspect of affairs threatened hostilities, and then to
be placed at the disposition of the President.
The estimate for ordnance and ordnance stores amounted to
four million, two hundred and seventy-nine thousand, six hundred
and eighty dollars — of course to be appropriated as Congress
might deera proper.
An addition to the array of so raany privates as would raise each
corapany to one hundred raen, thus adding seven thousand, nine
hundred and sixty men to the array.
Authority to the President to raise fifty thousand volunteers,
to be called into the public service for one year, whenever re
quired. The propositions respecting fortifications and ordnance carae
from the proper bureaus, and the proposition for an augmentation
of the army and a volunteer force carae frora the coramanding gen
eral, whose high character and gaflant services in the field, justly
give great weight to his opinions ; and those propositions were
assumed by the Secretary, and he became responsible for them.
The Secretary of the Navy recommended an accumulation of
naval raaterials and stores to the araount of one million sixty thou
sand dollars.
For the repair and equipment of all the vessels in ordinary, and
of the frigates ofthe United States, two million one hundred and
forty-five thousand dollars.
For three steara-frigates, five steara-sloops, and two stearaers, of
a smaller class, three million three hundred and ten thousand dol
lars. Naval ordnance and stores, three hundred and sixty thousand
dollars. How these estimates were prepared in the Navy Departraent,
the docuraent in ray possession does not show. I presurae they
went through the proper bureaus. They carae to the Senate, as
the act ofthe Secretary.
It is obvious that all these appropriations, in any contingency,
would not be wanted for some tirae ; and, indeed, that the full leg
islative action upon the subject would await the developments
growing out of our foreign relations. Ordinary prudence requires
that a coramencement should be immediately made ; to what ex
tent, Congress raust judge. But it will be reraarked, that rauch
the larger portion of these estimates is for raaterials and supplies,

256 LIFE OF GENERAL CASS.
which we must have some time or other, and ought to have ere
long, let the aspect of our foreign affairs be as it raay.
In raaking this provision, we but anticipate our necessities, and
the worst that can happen wifl be, that we shall sooner be prepared
for a state of things, for which we ought to be always prepared.
As to the raode of receiving this inforraation, it has been sanc
tioned by the practice of the governnient for years. Congress and
its coraraittees have been in the daily habit of calling upon the
heads ofthe departraents for the necessary facts and views in the
discharge of their legislative duties. And, in all cases like the
present, the reports are subraitted to the President before being
sent here, and thus receive his sanction, and they are often changed
by his directions. This is well known to all who are acquainted
with the routine of our executive departraent.
To return now, sir, to this act of oraission, this neglect to re-
coramend proper raeasures of defence, by which the President's
views are to be interpreted, as I understand, in this manner. The
President recommends no raeasures of defence. Therefore he con
siders the country in no danger. Therefore he intends to yield
to the parallel of forty-nine degrees, which the British governraent
intends to deraand ; and thus there will be no war. Now, sir,
more than two raonths before this position was taken by the hon
orable Senator, the President had recoraraended, by his Secreta
ries, an addition to the array of alraost eight thousand raen, the or
ganization of fifty thousand volunteers, the removal of the limita
tions respecting naval establishments, that he might be able to di
rect such an augmentation of the seamen of the navy as circum
stances may require, and appropriations for mUitary purposes to
the amount of nine million six hundred and seventy -eight thou
sand, six hundred and eighty dollars ; and for naval purposes to the
araount of six raillion five hundred and fifteen thousand dollars —
making in the whole sixteen raillion, one hundred and ninety-five
thousand, six hundred and eighty dollars, in addition to the recom
mendations in his message at the commencement of the session,
and to the ordinary estimates of the departraent.
It is unnecessary to pursue this topic. Whatever may be the
just construction of the President's raeaning, which to rae is ex
ceedingly clear, it is now obvious that this act of oraission becomes
an act of commission, and proves that the President is by no raeans
tranquil respecting the condition of the country.
As to the alleged want of Executive confidence in the chairman
of the Coraraittee on Foreign Relations, I hardly know how to
speak of it becomingly, when urged in this connexion. Were the
fact so, it would seem very strange to rae, and I should think the
President very badly advised, to withhold a proper confidence from
one of his truest and most efficient friends upon this floor, and one,
too, who, from his position at the head of a most important com
mittee, was officially entitled to it.
No one, who has witnessed the energy, the talent, and the prompt-

LIPE OF GENERAL CASS. 257
itude ofthe honorable chairman, can doubt the service he has ren
dered this Administration, nor the confidence he deserves — a con
fidence, indeed, deraanded raore for the sake of the public interest,
than for his own sake.
But, sir, I have reason to know that the Senator frora North
Carolina is in error in all this ; that this deduction from extrinsic
circurastances is but another proof, that truth is not always attained
when sought by indirect and remote facts. I have reason to know
that the chairman of the Coraraittee on Foreign Relations cora-
municates freely with the President, and enjoys his confidence.
And what proof of estrangement between these high functiona
ries is furnished by the honorable Senator from North Carolina ?
Why, thus stands the case : The honorable chairman stated that
the records, and the records alone, were the sources of his inform
ation. It seeras to rae it would better becorae our position if we all
sought the views ofthe President, so far as we ought to seek them,
in the same authentic documents. It would save a world of un
profitable conjecture. Now, sir, what does all this amount to?
'Vy^hy, lo this : the President told the Senator from Ohio no raore,
as to his future course, than he told the country and Congress in
his raessage. It would be strange if he had. The avowal of a line
gf policy, when the proper circurastances are before hira, is the
duty ofa sound andpractical statesman. But I should much doubt
the wisdom of the Chief Magistrate of a great country, who should
sit down to speculate upon future and remote contingencies, affect
ing the public welfare, with a view even to the decision upon
his owff course, and still less with a view to its annunciation to
the wprld.
Let me, then, ask the Senator, if he thinks it is the duty pf the
chairraan of the Coramittee on Foreign Relations to put gratuitous
questions to the President, in order that he may be able to come
here and declare what the Executive wfll do in such a contingen
cy, which may never happen; or which, ifit do happen, may bring
with it circumstances, that raay change the whole aspect of the
question.' But I forbear, sir. I consider it unnecessary to pursue
this 'question further.
A considerable portion of the argument of the Senator from
North Carolina was devoted to prove that the message of the Pres
ident did not justify these anticipations of war, which it appears
to myself and to other Senators to do. Not that he called in ques
tion the natural tendency of the raeasures recoraraended by the
President, nor the fair construction of his language; but he con
trolled these by the extrinsic facts to vvhich I have adverted. I
shall say nothing raore upon this subject, but I shall fortify ray own
opinion by the views of other raerabers of this body, who are en
titled to raore weight than I ara.
The honorable Senatpr frora South Carolina said " that the re-
coramendation in the raessage is founded upon the conviction, that
17

268 LIFE OF GENERAL CASS.
there is no hope of coraproraise of the difficulties growing out of
the President's raessage is too clear to admit of any doubt."
After some further reraarks, showing the opinions entertained
of the dangers of war, he adds : "Entertaining these opinions, we-
were compelled to oppose notice, because it was necessary to pre
vent an appeal to arras, and insure the peaceful settleraent of the
question." And the Senator from Maryland said : " We have all felt, Mr.
President, that at one tirae at least — I trust that time is past — the
nation was in imminent danger. From the moraent that the Pre
sident of the United States deemed it right and becoming, in the
very outset of his official career, to announce to the vVorld that the
title to the north-west territory was clear and indisputable, down
to his message in December last, I could not see how vvar was to
be averted."
And the honorable Senator from Louisiana, in his speech yes
terday, advanced the' sarae opinion upon this subject.
And the Senator frora Georgia also expressed the conviction
that "this resolution, based as it is on the President's message, is
a distinct intimation to Great Britain that this matter raust be set--
tied, and in a raanner acceptable to us, or that at the expiration
of that time we will take forcible possession ofthe whole country,"
which of course means war.
And he adds that '¦ the Senator from North Carolina tells us,
that the President is waiting at the open door of his cabinet, ready
to adjust this controversy, and to preserve the peace of the coun
try." "Sir," he adds, "even vvith the aid ofthe Senator's optics,
I cannot see him there.'' And he adds, also, if these things were
so, referring to the views of the Senator from North Carolina re
specting the President's message, "I should be sorry to do so.""
And I fully concur with him in the sentiment.
Now, sir, I shall not thrust myself into this dispute —
'' Non nostrum inter vos tantas componere lites."
During the progress of this discussion, the blessings of peace
and the horrors of war have been frequently presented to us with
the force of truth, and sometimes with the fervency of an excited
imagination. I have listened attentively to all this, though much
ofit I remember to have heard thirty-five years ago. But I beg
honorable Senators to recollect, that upon this side ofthe chamber
we have interests, and farailies, and homes, and a country, as well
as they have ; and that we are as little disposed to bring war upon
our'native land, unnecessailly, as they can be. That sorae of us
know by experience, all of us by reading and reflection, the cala
mities, moral and physical, that vvar brings in its train. And we
appreciate the blessings of peace with a conviction as deep and as
steadfast. And no one desires its continuance raore earnestly
than I do. But all this leaves untouched the only real subject of
inquiry. That is not whether peace is a blessing and war a curse
but whether peace can be preserved, and war avoided, consistently

LIFE OF GENERAL CASS. 259
with the honor and interest of the country. -That question may
corae up for solution ; and if it does, it must be met by each one
of us, with a full sense of its abiding importance, and of his own
responsibility. I suppose there is not a gentleman in this body,
who wOl not say, that cases raay occur, even in this stage of the
world, vvhich may drive this country to the extreme remedy of war,
rather than she should submit to arrogant and unreasonable de
mands, or to direct attacks upon our rights and independence —
like impressment, or the search of our ships, or various other acts
by which power is procured and maintained over the timid and the
weak. The true pre ctical question fpr a nation is not the cost of
war, whether measured by dollars, or by dangers, or by disasters,
but whether war can be honorably avoided ; and that question
each person having the power of determination must deterraine for
hiraself, when the case is presented. Good raen raay indulge in
day-dreams upon this subject, but he who looks upon the world
as it has been, as it is, and as it is likely to be, mu.st see that the
raoral constitution of raan has undergone little change ; and that
interests and passions operate not less upon comraunities, than
they did when the law qf public might was the law of public right,
more openly avowed than now. Certainly a healthful public opin-^
ion exerts a stronger influence over the world, than at any forraer
period of its history. Governraents are raore or less restrained by
it, and all feel the effects of it. Mistresses, and favorites, and min
ions, no longer drive nations to war, nor are raere questions of
etiquette araong the avowed causes of hostilities. It is not proba
ble, that a people will ever be again overcome, because a states
raan raay consult his vanity rather than his taste in the choice of
his pictures, nor that the state of Europe wiO be changed because
a lady's sflk gown may be spoiled by a cup of tea. Huraanity has:
gained soraething — let us hope it will gain more. Cluestions of
war are passing frora cabinets to the people. If they are discussed
in secret, they are also discussed before the world, for there is not
a governraent in Christendom, which would dare to rush into war,
without first consulting the public mind.
A great deal has been said in England, and not a little in the
United States, respecting our grasping propensity in demanding
the whole of Oregon ; and we have been soTemnly admonished of
fhe awful responsibility of involving two great nations in war. The
subject in dispute is said not to be worth the perils a conflict would
bring with it ; and tlu" honorable Senator from Maine has exhibi
ted to us, as in balance, the disasters of war, and the value of the
matter in controversy, and has made our territorial claims to kick
the beam. Perrait me to turn to the other side of this picture. I
acknowledge the raoral obligation of Government to avoid war,
where higher obligations do not drive thera to it. I will not call
England the Pharisee of nations, but I wfll say that she does not
hide the light of her own good deeds under a bushel. The ocean
scarcely beats upon a shore within sight of which her flag is not

260 LIFE OF GENERAL CASS.
seen, and within sound of vvhich her drura is not heard. And yet
moderation is proclairaed, and often with the sound of her cannon,
frora one end of the civilized world to the other. She is not like
other nations, and least of all, like that great grasping mobocracy
of the West " I thank God," said the Pharisee of old, " that I
ara not as other men are." Now the chapter of accidents has turn
ed up favorably for England, if she will accept the opportunity af
forded her. No raan in this country wants war — ultraists no more
than cempromists, if I may use terms justified by the occasion.
The extrerae partisan of decisive measures asks nothing but the
whole of Oregon. Give hira that, and he will become as raeek as
the latest professor ofhumUity, who writes homilies upon national
moderation for the London Times. Now, sir, let England aban
don her pretensions, and all these disasters, the consequences of
war, which are foretold — and I do not doubt many of thera justly
foretold — vvill give way, and exist only in the raemory of this de
bate. There is no condition of things, foreseen by any man, pub
lic or private, in this country, which can give to England a better
line, than 49*^. The country north of that line is therefore all she
could gain by a contest, which is to involve the fearful consequen
ces predicted to both countries ; which during its progress, it is
said, will bring nation after nation within the sphere of its opera
tion, and which is finally to comrait to the decision of the sword
the great question of free government through the world, by placing
in its path the antagonistic principle, that the many should be gov
erned by the few. What, then, would England surrender to pre
serve the peace of the world, and thus give the first practical proof
of moderation to be found in the long annals of her history ? I
agree fully with the honorable Senator from Missouri, [Mr. At
chison,] that if England would acknowledge our rights, and with^
draw her opposition to tbem, and should then ask a better access
to the ocean for her interior territories, I would grant it without
hesitation, as a favor, upon the most reasonable consideration. If
this should be done, she would have left about three hundred miles
of coast to fight for ; and 1 will return the question of the gentle
man from Maine, and ask if this strip of land is worth the price
of such a contest? England is already gorged with possessions,
both continental and insular, overrun, almost overloaded with sub
jects of all castes, colors, and condition. At this very moraent,
she is waging two wars of aggrandizement — one for coraraercial
projects upon the La Plata, and fhe other fpr a new empire upon
the Indus. The latest Morning Chronicle I have seen, one of last
month — and that paper is the Whig organ of England — says, and
the proposition is enunciated with characteristic coolness, and
with as much apparent candor, as if it were extracted frora the la
test treatise upon public raorals, " we can never govern India so
well as we might, until we possess the whole of it." A congenial
sentiraent is quite as much at horae in every English breast, that
America would be much better governed than it is, if England
possessed the whole of it.

LIFE OF GENERAL CASS. 261
Let the British Government now say, two wars at the same tirae
are enough for the purpose of aggrandizeraent. We wifl not en
counter a third — we will give up this doubtful and disputed claim,
and hold on in America to what we have got — we will do so much
for peace. Let her do this, and I, for one, will say, well done.
You begin to practice, though upon a sraall scale, as you preach.
And why not do so ? This territory is separated by ari ecean and
a continent from England. She cannot long hold it, if she should
gain it. I mean long, compared with the life of nations ; whereas
it joins us, intervenes between us and our coraraunication with the
Pacific, will forra an integral — I do not doubt a perpetual — ^por
tion of our confederacy, will be, in tirae, a necessary outlet for our
population, and presents all those elements of contiguity and of
position, which indicate and invite political unions.
But it has been said and resaid, in the Senate and out of it, that
two great nations cannot go to war. And why cannot two gftat
nations go to war against one another, as well as two great nations
combined against one another, as well as two great nations com
bined against a small one ? So far as honor contemns a disparity
of force, the former would be much raore honorable than the latter.
What is going on in the La Plata, where France and England
have sent their united fleets and arraies against the Argentine Re
public, and where the echoes of their cannon are ascending the
Parana and its vast tributaries, tUl they are lost in the gorges of
the Andes ?
There can be no war in this enlightened age of the world !
What, then, is passing in Africa, where one hundred thousand
Christian bayonets have driven the Arab frora his horae, and are
pursuing hira into the desert, the refuge of the turban since the
days of the patriarchs ?
What is passing upon the shores ofthe Euxine, where the Cos
sack has left his native plains, and, at the call of Russia, is ascend
ing the ridges of the Caucasus to subdue its indigenous races, and
to substitute the mild rule of the Muscovite for their own patriarch
al form of government — dependence upon the Czar for dependence
upon theraselves?
And what is passing in the Punjaub, where the last advices left
two mighty arraies alraost within sight of each Pther, after having
fought a great battle of Hindoo ambition against English modera
tion 7
And how long since an enlightened Government, par excellence,
broke the barrier of Chinese power, which has so long insulted a
vast empire^ and scattered disraay and death along its coasts, be
cause its rulers had interdicted the sale of opium, a drug equally
destructive to the raoral faculties and to the physical powers of
man? The Tartar passed the great wall, and planted his horse
tails upon the towers of Pekin. He then became a Chinese, and
the empire went on as before. But the Englishman, with his can
non balls and his opium, has introduced an innovation into the

262 LIFE OF GENERAL OASS.
habits and condition of one-third part of the human race, which
may fatally affect its future prosperity.
And how long is it since an English array passed the gates of
Asia, and, ascending the table-land of that continent, if it had not
been annihilated by a series of disasters, vvhich have few parallels
in raodern warfare, raight have reversed the raarch of Alexander,
and reached the Mediterranean by Nineveh, and Babylon, and .le-
rusalera ?
And only five short years have elapsed since Christian cannon
were heard in the raountains of Lebanon, and their bombs explo
ded among the broken monuments of Sidon.
In this brief view and review of pending and recent wars, I do
not advert to the hostilities going on among sorae of the States of
Spanish origin upon this continent, in Hayti, in Southern Africa,
upon the frontiers of the colony at the Cape of Good Hope, in Ma
dagascar, and in various islands of the Eastern ocean, because
these are small wars, and sorae of them are waged by civilized na
tions against barbarous tribes, and hardly worthy of attention in
these days of philanthropy — of that philanthropy which neglects
objects of raisery at horae, whether in England or Ireland, the re
lief of which would be silent and unobtrusive, and seeks them
everywhere else through the world, that they iT»ay be talked of and
exhibited as proofs of benevolence — vvhich, as an eminent French
writer says, overlooks the wants of.our neighbors, but goes to the
north pole upon a crusade of charity ! which has an innate horror
at the very idea of black slavery, but looks calmly and philosophi
cally, and with no bowels of corapassion, nor compunction of re
morse upon white slavery and brown slavery, am'ounting to millions
upon miUions in Russia, and in the English possessions in India
and elsewhere, because, forsooth, this servitude is not the United
States, and neither cotton nor sugar will be affected by it.
These, and the Belgian vvar, and the Spanish war, and the Greek
war, are events of but yesterday, yet sounding in our ears, and
dwelling upon our tongues. And I might go on with these proofs
and illustrations of pugnacious disposition of the world, till your
patience and raine vvere exhausted.
Why, sir, if England had a temple of Janus, as Rome had of old,
it would be as seldora shut, as was that of her imperial prototype.
The first fifteen years of this very century were nearly all passed
in the greatest war known perhaps in the annals of mankind ; and
there are Senators in this body, and I araong the number, who
ivere born at the close of one war with England, and have lived
through another, and vvho are perhaps destined to witness a third.
And yet zealous but-ill-judging raen would try to induce us to cast
by our armor, and lay open our country, because, forsooth, the
age is too enlightened to tolerate war. I am afraid we are not as
good as these peace men, at all sacrifices, persuade themselves and
attempt to persuade others.
But, sir, to advert to another topic. I perceive — and I am hap-

LIFE OE GENERAL CASS. 263
py to find it so — that there has been a nearer union of sentiraent
on one branch ofthis subject between the honorable Senator from
Maryland and rayself than I had supposed. All I regret is, that
he had not avowed his opinion earlier in the session ; for I should
have felt myself greatly encouraged in my course by the identity
of our views respecting the danger of the country. The honora
ble gentleraan says : " We all have felt at one tirae, at least — I
trust that that time has passed — the nation was m imminent dan
ger of war." " From the moraent the President of the United
States deeraed it right and becoraing, in the very outset of his
official career, to announce to the world, that the title of the Uni
ted States to the northwest territory was clear and indisputable,
down to the period of his Message in December, when he reite
rated the assertion, I could not see how it was possible vvar was
to be averted." " I could not but listen with disraay and alarm
at what fell from the distinguished Senator from Michigan at an
early period of this session."
Now, sir, I have not the slightest wish to misinterpret the sen
timents of the Senator from Maryland ; but I frankly confess I do
not understand how, with the opinion he expresses, that war was
unavoidable, any remarks of mine could have been thus character
ized. I am well aware, indeed, that they came like a bomb-shell
into a powder magazine. But why, I have not yet to learn. Like
the honorable Senator frora Maryland, the moraent I read the Pre
sident's Message, I saw, to my own conviction at least, that our
duty, as representatives and sentinels of the people, required us to
take measures of precaution, proportioned to the danger, whatever
that might be. The President, with a due regard to his own res
ponsibility, as well as to the just expectation cf his countrymen;
spread before us, not only his own views and recommendations,
but the vvhole diplomatic correspondence, which hai passed be
tween the two Governments, on the subject of Oregon. Well, we'
all saw there vvas a dead halt in the march of the negotiations.
The President told us, in effect, they were closed. I ara not, sir,
very tenacious as to the word. I do not attach that importance,
in fact, to the condition itself, vvhich the Senator frora North Ca
rolina appears to do. I ara willing to call it closed, or terminated
or suspended, or in the Executive phrase, " dropped." All I wish
to show is, that nothing was going on. Why the honorable Sena
tor from North Carolina dwelt with such earnestness upon this
point, I do not coraprehend, unless, indeed, he supposed, that if
the negotiatipns were closed, they were closed forever, beyond the
Teach of the parties. If such were his views, I do not partake
them. I trust no question of mere etiquette will keep the parties
separated, if other circumstances should indicate they might be
brought together. Such a course of action, or rather of inaction,
would deserve the reprobation of the whole world. But however
this may be, the President said, that all attempts at compro?nise
had failed. These are his words. He invited us to give the no-

264 LIFE OF GENERAL CASS.
tice, for the termination of the joint occupation of the country-
He said it was all ours, and that our title to it loas maintained by
irrefragable facts and arguments ; and he said, also, that at the
end ofthe year, the temporary measures, which a regard to treaty
stipulations allowed us only to adopt at this time, must be aban
doned, and our jurisdiction over the whole country established
and maintained. Such were, in effect, fhe views subraitted to us
by the Chief Magistrate of the nation, in the discharge of a sol
eran duty, coramitted to hira by the Constitution.
One would think there were eleraents enough of trouble to en
gage the attention of the National Legislature, and to command
its iramediate action. If the ship of State were to be steered by
the chart thus prepared by the pilot, either Great Britain must
turn from her course, or we must meet her. There was no other
alternative. She raust gainsay much she had said. She raust re
linquish much she had clairaed. She raust concede rauch she had
denied. She must do what a proud nation does with reluctance —
retrace her steps in the face of the world, and lower herself in her
own estimation. I did not say she would not do all this. I do
not say so now. But looking to her history, to her position, and
to the motives of human conduct — as these operate upon comrau
nities, as well as upon individuals — I had great difficulty in believ
ing that she would do it, and I said so. And there was yet anoth
er element of uncertainty, combined with all these causes of em
barrassment, and that was the doubt, if she came to the parallel of
49°, whether she would find our Governraent ready to .come back
to the same line. I know nothing ofthe intentions of either Gov
ernraent upon that subject. I cannot speak authoritatively, and
therefore I do not undertake to speak at all. I know as little as
any one in this room, be he actor or spectator in the scene that is
passing. Whether the offer would be accepted, if repeated, or
whether it would be repeated, if deraanded. All I know is, that as
the basis of an araicable adjustment, that time, which whfle it mends
some things mars others, is every day increasing the difficulty of
its establishraent ; and that, as a means of terrainating this contro
versy, I believe the question is rapidly passing frora the control of
the Government to the control of public opinion.
Under these circurastances, I introduced resolutions of inquiry
into the necessity of adopting raeasures for the defence ofthe Coun
try, and, on the 15th of Deceraber, I advocated their adoption and
explained ray views, of which I have now troubled the Senate with
a brief suraraary, and to which the honorable Senator says he list
ened with " disraay and alarm." " Dismay and alarra" at propo
sitions for defence, when the gentleraan hiraself says that " the
nation was in imminent danger." ! When " he could not see how
it was possible war was to be avoided !" For it wifl be observed,
they were subsequent by some weeks, which removed this irapres
sion of the danger of war raade by the President's Inaugural Ad
dress, and by his Message at the comraencement of the session.

LIFE OF GENERAL CASS. 265
They were the speeches of the Senators from Missouri and New
York, and especially the speech recently delivered by the Senator
from North Carolina. For myself I did not hear one word fall
frora the Senators from Missouri and New York, so far as I re-
coflect, in which I did not fully concur. The former, besides the
authority which long experience, high talents, and great services
to his country and his party, give to all he says, here and elsewhere,
understands this whole subject better perhaps than any man in the
nation. And we all have borne our tribute of gratification to the
able and statesmanlike exposition of the raatter given by the Se
nator frora New York. I did not understand either of these Se
nators, as alluding to the ulterior course of the President, or seek
ing to express any opinion respecting the result of this controver
sy. And I will ask the Senator from Maryland whether, upon a
grave question like this, it is not safer and wiser to deduce the views
of the President from two public and solemn documents, spread
ing before his country, his opinions and fore-shadowing his course,
rather than from the construction given them by others, and rest
ing upon what is called acts of omission and of commission.
It is not a little curious, but it is nevertheless true, that during
the discussions brought out by ray resolutions, gentleraen on the
other side of the Senate took the opportunity of expressing their
entire concurrence in the views and course of the President, and
avowed their gratification at the Executive stateraents and recom
mendations. Though a condensed narrative of the negotiations
accompanied the Message and formed the groundwork of the sug
gestions submitted to us, and though the correspondence was
spread out in full before us. What is now thought upon this sub
ject on the other side of the chamber, it needs not that I should
tell. The views there expressed are as unequivocal as they are
condemnatory. " We all have felt," says the Senator from Ma
ryland, " that war vvas irarainent," and stfll raore eraphatically,
" I could not see how it was possible war was to be averted."
But I may be permitted to ask the honorable Senator, if vvar, in
his opinion, was thus imminent, andnot to bfe averted, how happen
ed it that my remarks " filled hira with alarra and disraay ?" I
thought there was danger of war, and so it appears did he. And
his estimate of the danger was higher than raine ; for I thought that
araong other raeans of avoiding it, instant and adequate prepara
tions raight exhibit such powers of offence and defence, and such
a spirit in the country, that England raight pause before she would
drive us to the last alternative of injured nations. And therefore
was I so anxious for an immediate and decisive manifestation upon
this subject. But we have all suffered these resolutions tp sleep,
as I reraarked the other day, if not the sleep of death, a slumber al
most as quiet ; and though they were a little startled by the Pre
sident's Message, still, before their full resucitation into life, it raay
be necessary, that that sarae soleran warning should penetrate
these marble Halls, which has said to other improvident nations.

266 LIFE OF GENERAL CASS.
awake I the eneray is upon you. If, then, both the Senator and
myself were apprehensive of war, and he thought it could not be
averted, the " dismay and alarm" which ray reraarks occasioned,
did not result from any difference of views upon that subject. And,
as these remarks had but two objects — one to show the danger we
were in, aud the other to gu.ard against it— rit vvould seera to be the
latter at which the honorable Senator took exception ; and it is cer
tainly a cause of raortification, that I managed my subject so awk
wardly, as to convert my propositions for defence into a matter for
" alarm and disraay."
Since, then, however, sir, another note of warning has reached
us frora the eastern hemisphere, and we not only know that Eng
land is arming, but the sovereign herself has announced the fact
in the raost imposing manner, and has called upon Parliament to
extend these armaments still further. And we now exhibit to the
world the extraordinary spectacle of a nation in a state of perfect
tranquility — I raight rather say of apathy, alraost — without an ar
ray, without a militia — for our militia is unfortunately nearly disor
ganized — with unfinished and insufficient defences, vvith an inade
quale supply of the materiel of vvar, vvith a naw calculated only
for a state of peace, with three thousand six hundred miles of sea-
coast on the Atlantic, aud one thousand three hundred railes on
the Pacific, and four thousand one hundred railes of interior fron
tier from Eastport to the line where 54° 40 strikes the ocean, and
two thousand four hundred railes of interior frontier frora the south
western corner of Oregon to the Rio del Norte — raaking a boun
dary of eleven thousand four hundred miles, agreeably to the cal
culation I have procured from the librarian, and penetrable in all
directions. While, at the sarae time, we are involved in a great
controversy vvith the raost formidable nation — formidable in the
means of injuring us — upon the face of the globe, vvhich is buck-
linor on its armor, and telling tlie world, throucrh its sovereign, that
it vvill maintain its interests and honor — which, being translated
info plain Araerican, raeans that it vvill hold on toils claims.
Mr. President, a great deal has been said, both here and else
where, respecting the probability of war — whether it wfll result
frora the present condition of the two nations. Some gentlemen
think this is a legitimate subject of inquiry, arisingout of the prin
cipal question — that of the notice — directly before us ; while others
'think we should decide the question on its own merits, leaving out
of view the consequences, to which it raay lead. Certainly, a-ques-
tion of territorial right should be judged and deteririined nakedly,
and unerabarrassed by other considerations. We owe that to our
own honor. Still, it becomes prudent men, especially prudent
statesraen, when taking an important step, to look to its results.
Neither national nor individual acts insulated — one measure leads
f o another. It seems to rae it is not only our right, but our duty,
as the Representatives of the States, to inquire where this mea
sure will conduct us. If to a stable peace, so much the better.

LIPE OF GENERAL CASS. 267
Ifto war, let us contemplate its prospects and its dangers, and let
us prepare for its consequences. But, at any rate, let us commune
together, and not blindly rush irito the future, rather driven by our
instincts, than guided by our reason.
Our first object is to preserve our rights ; our next to do that
peacefully. While we all hope that war wfll be averted, that hope
will never be strengthened by underrating the capacity of either
nation to defend itself, or to injure its opponent. For my own
part, I see no want of patriotism in stating plainly and frankly the
raeans of annoyance that England possesses; and I think the course
pf ray hpnorable friend from Delaware upon that subject vvas equal
ly patriotic and injudicious. There is said to be a bird in the des
ert, which hides its head in the sand, and then thinks it is safe from
danger, because it cannot see it. Let us not imitate this folly. Let
us look directly at what we must encounter, if we are forced to
war, and then let ns behave like reasonable raen, and make reason
able preparation to raeet it.
I see it said in a late London Herald, that we cannot carry on
vvar, because we cannot procure the raeans to raeet the necessary
expenditures. The sarae assertion has been raade in some of our
own journals, and even by higher authority. The Senator from
South Carolina has referred in this connexion to a venerable mari,
for whom, and for whose patriotic services, I have great and sin
cere respect, who has awakened from a political slumber of almost
a quarter of a century, and presents hiraself to his countrymen vvith
elaborate statistical tables, showing the pecuniary cost of war, and
the burdens it brings with it. All this is unnecessary. It is taught
in the very horn-book of national expenditures. Ours is not a ques
tion of the cost of war, but of its necessity. That sarae erainent
man, the survivor of the cabinets of Mr. Jefferson and of Mr. Ma
dison, was understood, in 1812, to entertain a similar repugnance
against comraitting the destinies of his country to war, which he
now exhibits, and to foreshadow siraflar difficulties. I do not know
if the fact be so. I can repeat only the ruraors of that day. Tt
was then asserted and believed, tbat sorae report or document frora
the Secretary of the Treasury was intended to dampen the nation
al ardor, by an imposing array of the contributions it would be ne
cessary to levy upon the country, in the event df war, and thus to
prevent its occurrence. But the effort, if raade, was useless then,
and it wfll be useless now. The war went on, because it could
not be avoided without a sacrifice of the national rights and hon
or, and it carae to a glorious conclusion. It pushed us forward in
all the eleraents of advancement. And as we did then so shafl we
do now. If a war is forced upon us, we shall raeet it with its dan
gers and its responsibilities. No array of figures vvill stop the peo
ple in their patriotic course. You raight as well atterapt to stop
the surges of the ocean beating upon the sea coast by raarks in
the sand, which the first wave sweeps away, and then passes on.
As to this notion, that a war cannot be raaintained without cash

268 LIFE OF GENERAL CASS.
enough in the possession ofthe Governraent to carry it on, or the
means of procuring it at any tirae by loans, the two successful ex-
periraents we have made have deraonstrated its fallacy. I do not
stop to point out the peculiarities in our condition which prevent
our national exertions frora being paralyzed by deficient resources.
They are to be found in the spirit and patriotisra of our people ;
in the coraraon interest they feel in a Governraent, established
by them, and responsible to thera ; in the systera of private credit,
which alraost raakes part of our institutions, and which often sep
arates by wide intervals the purchase and the payraent ; in the abun
dance and cheapness of the necessaries of life, and in the raflitary
ardor vvhich stiraulates our young men and sends them to the stand
ard of their country. No raodern Croesus, be a king of financiers,
or a financier of kings, holds in his hands the action of this Gov
ernment. But even in Europe, a decisive experiment has shown,
that the exertions of a nation are not to be crippled by a crippled
treasury. One of the great errors of Mr. Pitt arose frora his be
lief, that as the French resources and credit were deranged and
almost destroyed, therefore, France was incapable of the necessary
efforts to defend herself against the forraidable coalition, at the
head of which England placed herself, and to raaintain which she
poured out her blood as freely as her treasure. But the result
proved the folly and the fallacy of all this, notwithstanding fhe de
preciation of the French paper, and the difficulties consequent
upon it. What was the progress and the result of this effort to pre
vent a people from changing and reorganizing their government,
is written upon the pages of a quarter of a century of war, and still
more plainly upon the oppressed taxation of England ; which now
weighs upon her present condition like an incubus, and overshad
ows her future with dark clouds of adversity.
I now piopose to subrait sorae observations upon the remarks
presented to the Senate a few days since, by the distinguished
Senator frora South Carolina. The originality of his views, and
the force ofthe illustrations with which they were supported, give
thera great consideration ; and as it seeras to me, that in sorae im
portant particulars, their tendency is erroneous, I desire to com
raunicate the impression they made upon me.
While I shall do this, with the freedora vvhich a sincere search
after truth justifies, I shall do it with the respect that the erainent
services and high character ofthe Senator justify, and that an un
interrupted friendship of thirty years, which has been to rae a
source of great gratification, naturally inspires.
The Senator states, that when this proposition for notice to ter
minate the joint occupancy of Oregon was first submitted for con
sideration, he was opposed to it. But that now he is in favor of
it in some modified form ; the form, I believe, it assumes in the
resolution ofthe Senator frora Georgia.
That his raotives of action were the sarae in both cases — a de
sire to preserve the peace of the two countries ; that in the former

LIFE OF GENERAL CASS. 269
part of the session, he thought the notice would lead to war, and
therefore he opposed it; that he thinks now it would lead to peace,
and therefore he favors it.
Certainly, Mr. President, this is consistent ground for any man
to occupy. A change of action on questions of expediency, where
circurastances have changed, is a dictate of true wisdora. He
who boasts he has never changed, boasts, in fact, that the lesson of
experience have been lost upon him ; and that he grows older with
out growing wiser. But before a change takes place in our appro
bation or conderanation of a great question of national policy, the
reasons which dictate it should be carefully considered, and clearly
established. Has this been done by the Senator frora South Carolina? I
think not. He assuraes the very fact, upon which his whole argu
ment rests. He assumes that a great change has taken place both
in this country and in England, in public opinion upon this subject,
which wfll necessarily lead to a compromise, and thus to an ami
cable adjustment of this serious and long pending controversy.
Of the fact itself, thus alleged, the Senator furnishes no proof
Indeed, he attempts to furnish none. He merely says : "There is
one point, in which we must all be agreed, that a great change
has taken place since the commencement of this discussion in re
lation to notice, in its bearings upon the question of peace or vvar."
"Public opinion has had time to develope itself, not only on this,
but on the other side of the Atlantic, and that opinion has pro
nounced most audibly and clearly in favor of coraproraise."
"As things now stand, I no longer regard it as a question whether
the controversy shall be pacifically arranged or not, nor even in
what manner it shall be arranged. 1 regard th'e arrangeraent now
simply a question of tirae," &-c.
Mr. President, I cannot partake this confidence. The signs of
the tiraes are anything but auspicious to rae. It wifl be per
ceived, that the annunciation thus certainly raade of the peaceful
terraination ofthis raatter, rests upon the change in public opinion
and upon the conviction, that both Governraents are ready to cora
proraise, and both prepared to come to the sarae line ; so rauch so,
indeed, that the Senator adds, " he trusts that in concluding it
there will be no unnecessary delay.
In all this, sir, I ara under the impression, there is a great rais-
apprehension. As to the universality of the proposition, that all
are agreed as to this change, I know there is an error. For ray
self, my conviction is as strong as human conviction can be, not
only that the change thus indicated has not taken place, but that
a great change has been going on in a contrary direction. I be
lieve that the opposition to a coraproraise upon the paraUel of 49"
has increased, is increasing, and wfll go on to increase ; and that
both here and in England, public opinion is less confident in an
amicable settlement of this dispute. I shall not pursue this raatter
into its detafls. I wiU merely remark, that the evidences of pub-

270 LIFE OP GENERAL CASS.
lie opinion, which reach us, whether borne .here by lefters, by
newspapers, by the declarations of conventions, or by the resolu
tions of legislative bodies, is decisive and indisputable. And, in
proof ofthis, look at the passage ofthe resolutions in the House of
Representatives by a majority alraost unknown in a free country
upon a great question like this, and involving such moraentous
consequences ; and this, too, when the Senator says, he thought
their passage would lead to war. And what say the advices from
England ? They speak a language as positive, as it is minatory.
What says the " Standard," of March 3d, the great Tory organ?
I will tell you : " But wfll the American Congress confirm fhe in
solent and unwarrantable tone adopted by this braggadocio ?" SfC.
And the person thus denorainated by these modpls of all that is
decorous, so often recommended to us for our study, is the Presi
dent of this great Republic. " And dreadful as is the alternative,
it will be with the utraost difficulty that any British Minister can
escape frora it with honor." The last London Tiraes that I have
seen says ;
" The joint navigation ofthe Columbia, the right of harbors on
the sea-coast, and the right of traffic for the Hudson Bay Company
on one bank of the river, are, we think, demands neither unjust
nor extravagant." The London Gazette, of March 3d, says : —
" The ntws from the United States justifies the fears we have re
peatedly expressed ofthe determined spirit of hostility which per
vades a powerful parly in the United States." The London Sun,
a neutral paper, says : "The news from this country has produced
a strong feeling of indignation araong our coraraercial circles ; and
those who have all along opposed the expediency of war, on ac
count of mercantfle connexions, now openly claira a vindication of
the honor of the country at the hands ofthe Executive." " The
feeling everywhere is, that England, having shown as much for
bearance as is corapafible with her station in in the scale of na
tions, is now called upon to treat the proceedings of the Araerican
legislators with the contempt they deserve." The Liverpool Cou
rier of March 4th, says ; "The consequences to which it may lead
(the refusal to arbitrate) may be most calamitous. But the Araer
icans will only have theraselves to blame, if war ensues ; for Eng
land has done all in her power to bring matters to a satisfactory
and peaceful issue." Such are the evidences of public opinion in
England, which the last packet brought us; and ofthe favorable
change there, vvhich renders a compromise certain, and a question
only of time.
The honorable Senator has referred, in this connexion, to the
declaration of Sir Robert Peel, made sorae tirae since in the Brit
ish House of Coraraons, that he regretted their Minister had not
transmitted to his Government the proposition of a compromise
upon the parallel of 49 degrees ; that if not satisfactory, it might
havebeen made the basis of a modified offer. I am not inclined to
draw as favorable a conclusion, however, as the honorable Sena-

LIPE OF GENERAL CASS. 271
tor, from this incidental reraark, made, not tous, but in the course
ofa Parliamentary discussion. In fact, it is so cautiously express
ed, as tb lead to no useful deduction respecting his real views. 'It
is a mere barren remark. Had the Premier intended it should
produce any practical consequences, he vvould have communicated
to our Government the views ofthe British Cabinet, and would have
accepted the offer, or returned it with the proposed modification.
But -we hear nothing of this disapprobation — no, not disapproba
tion, but of soft regret at the hasty decision of the BritishMinister
here — till six months after it took place, and then we learn it in
the public debates, and that is the last of it. It is to rae a curious
chapter in the history of British diplomacy, that a Minister would
venture to take the grave responsibility of rejecting such a propo
sition, without referring it to his Governraent, and he is not even
censured for it. If he had been recalled, or a successor sent out,
with instructions to accept the propositions made by our Govern
ment for a compromise, we should then have had a proof of sin
cerity better than a barren declaration, and which might have led
to a better state of feeling
The Senator from South Carolina has entered at some length
into a defence of his views respecting the acquisition of Oregon,
by what is called the process of masterly inactivity. And if he has
not rtiade converts to his opinion, he has gained many admirers of
his talents by his masterly vindication of it.
Certainly, sir, it is often the part of true wisdora. in this world
to stand stifl — to wait for time and circurastances. There is a
great deal of wisdom in old proverbs, and one of them says, "Let
well enough alone." Time has wrought raany wonders for our
country, and is destined to work raany more. The practical diffi
culty is, to determine when inaction should cease and action com
mence, and how the operations of time can be best aided by enter
prise and industry. "The hpnorable Senator says, that circurastan
ces have got ahead of his systera, and that he adverts to the sub
ject, not to apply it, but to defend it. It seems to rae, sir, it never
could have produced the results the Senator anticipated, and pro
duced them peacefully.
Here was an open question, which, for almost forty years, had
occupied the attention of the two countries, which had been kept
at arm's length by an improvident arrangement, instead of being
grappled with and adjusted, as it could have been, and should have
been, long ago, and .which had at length increased to a fearful
magnitude; and, what is stfll more, had begun to enlist passions
and feelings, and interests, that threatened to take the controversy
from the pen, and to commit it to the sword. The claims of two
great countries to a distant territory were unsettled, and in a con
dition unprecedented in the history bf national intercourse. Each
with a right to occupy the whole ofthe territory, but each liable
to have this right defeated by the previous action of the other par
ty — each holding a reraote ppssessipn, beginning to fifl up by emi-

272 LIFE OF GENERAL CASS.
gration with their respective citizens and subjects, hardy, enterpri
sing, and somewhat pugnacious, intermingled upon the sarae soil,
seizing it as they could, and holding it as they raight, without any
of those iraproveraents, which require for their creation and sup
port the joint and legal action of a coraraunity, and wholly irre
sponsible for their acts towards one another, except through the
mediura of tribunals belonging to the party clairaing aflegiance
over the aggressor, and possessing no sympathy with the complai
nant. The end of all this raay be foreseen without the gift of se
cond sight. Collisions raust be inevitable. The only wonder is,
they have not already occurred. And the first gun that is fired up
on the Colurabia, will send its echoes to the Potomac and the
Thames. And think you, that the matter will be cuolly examined,
dispassionately discussed, and amicably arranged ? No, sir; each
nation wfll believe its own story, and both will be ready to arm,
and assert its honor, and defend its citizens. All history is full of
these indictments ; and the peace of two great nations is now held
by the slightest tenure, dependent upon passions and interests to
be called into fierce action upon the shores that look out upon
China and Japan. We are told that time is the great physician,
who raight have cured this disordered state of our political affairs.
I ara a firra believer in the silent and ceaseless operations of that
mighty agent. But this case was beyond its power. If, indeed,
time would stand still for one of the parties, and move only for the
other — stand stifl for England, and move on for us — our state of
progress would soon pour through the passes of the Rocky Moun
tains a host of emigrants who would spread over all the hills and
vallies from the summit of fhat great barrier tothat other barrier,
the ocean itself, which says to the advancing settlements, — Come
no farther. But neither tirae nor England would stand still. Her
Government is sagacious, alive to her interests, and ready to raain
tain thera. She knows the value of the country as well as we do,
and appreciates it perhaps higher. No one can read the speeches
in the House of Coraraons on the 4th of April last, without beinor
sensible, that the subject, in afl its extent, has occupied the atten
tion of the British Government, and that the country itself will
occupy its fostering care. Think you that that Governraent would
have continued to see band after band of our citizens leaving our
frontier settleraents, lost to huraan observation almost for raonths
while passing through the desert with its toils, its privations, and
its dangers, and finally emerging inte the land of promise, to seize
it, and to hold it, and vvould have looked calmly on, receding as
we advanced, retreating to the hifl as we descended into the valley,
and finally yielding us quiet possession of this long disputed ter
ritory ? He, who docs not believe all this, must believe that tirae
would not have peacefufly adjusted this controversy for us. But,
besides, this process of adjustraent does not assurae that our right
to exclude the British frora the country wifl be increased by settle
ment. It may add strength to our power, but none to our title.

LIFE OF GENERAL CASS. 273
It does not presuppose that war is to be averted, but only postpon
ed. The rights of England, at the end of any given period, wifl
be precisely what they now are; and, unless she should voluntarily
relinquish them, a conflict would be inevitable. It seeras to rae
very clear, that if she would ever be disposed to abandon the coun
try, she would do it now, when the disparity of force there is not
such as to cast the reproach of timidity upon her counsels, and
when the nuraber of her subjects is not such as to render difficult
a satisfactory arrangeraent for thera.
Mr. President, the Senator frpra Squth Carolina has held up to
our view a sombre picture of the calamities, which a war with
England would bring upon the United States — too sombre, sir, if I
ara not utterly ignorant of the histpryand cpndition of my coun
try, and of the energy and spirit of ray countryraen. I shall not
exaraine it feature by feature ; but there are certain pprtipns I de
sire tp present tp the Senate.
What prpbable circurastances could require this country to keep
up a railitary and naval force of two hundred thousand raen for
ten years — the land portion of it divided into seven great arraies —
I confess my utter inability to conjecture. Why the honorable
Senator fixes upon that period for the duration of^ the war, I know
not. It is so wholly conjectural as to elude the application of any
principle to it. Long before its expiration, if we are not utterly
unworthy of our name and our birthright, we should sweep the
British Power from the continent of North America, and the re
mainder ofthe time must be occupied by predatory incursions up
on the coast and by hostilities upon the ocean. The dangers or
disasters, wh^ich this state of things brings vvith it, would require
but a small portion of the force considered necessary by the Sena
tor. As to Mexico, I trust we shall bear much from her. We
owe that to our own strength and to her weakness : to our own
ppsitipn, not less than to the situation of her Government and to
the quasi civil war, which seems to be the curse of her condition.
But should we be driven to put forth our strength, peace would
ensue, and speedily ; but it would be a peace dictated in ber capi
tal, ahd placing ber political destiny at our disposition.
And besides, during the progress of such a war, to which the
honorable gentleraan alludes, who can tell the sphere of its opera
tions, and what nations would becorae parties to it? How soon
would the great raaritirae questions of our day present theraselves
for solution? How long would it be before England would revive
and enforce those belligerent pretensions, which drove us to war
when we were neutral, and which vvould drive other nations to
war occupying the same position ? How long before the violation
of her flag would arouse the public feeling of France, and corapel
her Governraent to vindicate its honor ? And who can tefl what
war of principles and opinions would corae to add its excitement
and passions to the usual struggles of contending nations ? The
world is, indeed, in comparative repose ; but there are causes in
18

274 LIFE OF GENERAL CASS.
operation which, if quickened into action by peculiar circumstan
ces, might shake the instituiions of Europe to their very founda
tions. I consider a war between England and the United States
for ten years, or for half of that tirae, utterly impossible, vvithout
bringing into collision the great questions of our day— the right to
govern and the duty to submit — and into fierce action the interests
and passions, vvhich such'a struggle vvould excite — a struggle that
must come, but vvhich such a war vvould accelerate.
In order that I may remove even the possibility of misinterpre
ting the sentiments of the Senator, I will read an extract or two
frora his speech. After alluding to the raaterial horrors of war,
and doing justice to the courage of his countrymen, he adds, that
a war between us and Great Britain, such as has been described,
" in vvhich every nerve and muscle would be strained to the ut
most, and every dollar put in requisition vvhich could be command
ed, could not fafl, under present circumstances, to work most dis
astrous, and I fear incurable changes in the social condition of
our people, and in their political institutions." He then adverts
to the consequences of such a war, drawing after it a Mexican
war and an Indian vvar. He thinks we should need two fleets, six
or seven arraies, one hundred million of dollars annually, and a
proportionate system of taxation. He then continues, after show
ing the destruction of the State governments, and the consolida
tion of all power in the central authority, and that our very suc
cess would engender a spirit inconsistent vvith the genius of our
Government: "It vvould then be a straight and downward road,
which leads to where so many free States have terrainated their
career — a military despotism. In the mean time we should have
to provide for three or four successful generals, vvho would soon
be competing for the presidency, and before the generation, which
would have waged the vvar would have passed away, they might
possibly witness a contest between hostile generals for that su
preme office — a contest between him who might conquer Mexico
and him who might conquer Canada, terminated by the sword."
But permit me to ask the Senator from South Carolina, if all
this were so, if his anticipations vvere certain, instead of being
puely gratuitous, ought the assurance of such events to come
frora him, frora such a high authority, in so high a place? In the
Senate of the United States, and frora one vvho has filled some of
the most important positions in our Government ; whose servi
ces and talents, and character, give him great consideration with
his countrymen ; vvho possesses a European fame ; and whose
opinions are quoted at this moment in London and Paris as indi
cations of our policy, and of the final result of this controversy 1
Is it well thus to announce to the world our incapacity to defend
ourselves? For that is in fact the result, A government dissolv
ed, or rather changed to a despotism, a country ruined, and even
tually its fragraents a prey to ambitious generals, as the empire of
Alexander was partitioned among his lieutenants ! War, then.

LIFE OF GENERAL CASS. 275
becomes not a measure of safety, but a signal of destruction to
the Araerican people. AVe are powerless to defend ourselves. If
we are struck upon one cheek, we raust turn the other ; not in a
spirit of Christian charity, but in the despair of helplessness. We
are bound together by a fair-weather Government, incapable of
riding out the storms of foreign aggression. Subraission raust be
our refuge, for beyond subraission is destruction. We shall ex
hibit the extraordinary spectacle of a great people, great in all the
elements of povver and prosperity, saying to the world, in effect,
we cannot contend with England ; we are at her mercy, for even
success vvould ruin us.
Now, sir, this is not so. There is not one man within the sound
of my voice whose heart does not tefl him, such has not been your
past — such will not be your future. The honorable Senator, in
looking at the real calamities of war, which I seek neither to con-.
ceal nor to deny, has suffered hiraself to overrate thera. They
have struck him more forcibly than they should do. The experi
ment of two wars with England, into vvhich we entered, and from
which we issued gloriously, puts the stamp of error upon these sad
forebodings. How they pushed us forward, in character and po
sition among the nations of the earth, I need not tell ; nor need I
say, that the march of this country in all that constitutes the pow
er and happiness of a people, is a practical proof, that those con
flicts left no. wounds upon our institutions, and but temporary
checks upon our prosperity.
The honorable Senator has appealed to his past history in proof,
that in presenting these views he acted in no unmanly fear for
hiraself, and that if war comes, he would be araong the last to
flinch. No, Mr. President, no one in this nation doubts that his,
course would be firm and patriotic, should war be forced upon us.
But he wfll permit me also to appeal ; to appeal from the Senator-
of 1846 to the Representative of 1812. He is the Ultimus Ro-
manorum — the last of the Romans ; the sole survivor araong us
of a generation of statesraen, who have passed frora the legislative
service of their country. The last of the actors, not of the sign
ers, vvho gave to the world our second declaration of independ
ence, scarcely inferior in its causes ,and consequences to the first.
He carae here young, unknown to his country. He left these halls
with a maturity of farae, which rarely falls to the lot of any states
man. I was then upon the frontier, and well do I reraeraber with
what straining eyes and beating hearts we turned towards the Cap
itol, to know if the honor and interests of our country would be
asserted and maintained. There vvere then two men here, upon
whom, more than upon any others, perhaps more than upon all
others, devolved the task of advocating the war, and of carrying
through the measures of the Administration. And nobly did they
perform their duty. They were the honorable Senator frora South
Carolina, and a retired statesraan, Mr. Clay, frora whom, though
it has been my fortune to differ in the party contests that divide

276 LIFE OF GENERAL CASS.
us, yet it has always been my pride to do justice to his erainent
qualities, and to his high services to his country, and especiafly to
his services during our last contest with England. They were the
leaders of that great legislative war, who, like the Homeric he
roes, threw themselves into the middle of the fight, and fought the
battles of their party and of their country, with equal talents, firm
ness, and success.
As to the evfls of vvar, he of us is blind to afl historical experi
ence, who does not see them, and unfaithful to his position, who
does not acknowledge thera. There is no such representative of
the States here. We all acknowledge the evils of war, both raoral
and raaterial. We differ as to their degree, and as to the power
of this country to endure and to inflict thera. While the condi
tion of England presents great means of annoyance, it presents
also palpable eleraents of weakness. I am not her panegyrist. I
shafl never be accused of that. But if I see the defects of her
national character, I can see also her redeeming virtues. I am
sensibly alive to the acts of injustice she has done us. The feel
ing is deposited at my heart's core. But I do not shut my eyes,
either to her povver or to the virtues she actually possesses. I need
not tell vvhat she has done to attract the admiration of the world ;
for her deeds of war and peace are written upon many a bright
page of huraan story. She has reached a commanding eminence
among the powers of the earth — a giddy eminence ; and I believe
she vvill find it an unstable one. 1 do not, however, estiraate her
present position as high as many do, and I consider it as unsafe
as almost any one can. The elements of her weakness lie upon
the very surface of her affairs, open to the most careless observer.
But she has great raflitary and naval establishments, and she is
augmenting and extending thera. I am not going to spread be
fore the Senate the statistics of her powers of annoyance and de
fence. This has been sufficiently done already. But I will ex
press my decided conviction, that these tabular statements give an
exaggerated picture of her condition. Old vessels, old guns, mere
hulks, invalids, the relics of half a century of war, are arranged
in forraidable lists of figures, and go on to swell the general ag
gregate. Besides, she has peculiar drawbacks to the exertion of her pow
er. The seeds of danger are sown in the most iraportant pro
vince of her horae empire, and may at any time start up into an
abundant harvest of ruin and disaster. The dragon's teeth may
become armed raen.
She has possessions round the world to retain, and in raany of
them a discontented population to restrain. Her comraerce, the
very foundation of her prosperity and greatness, is scattered over
afl the bays, and inlets, and gulfs, and seas of the world ; and he
who knows the daring character and enterprise of our people,
knows that our public and private arraed vessels would alraost
sweep it from existence. But I shall not pursue this investigation

LIFE OF GENERAL CASS. 277''
further. Whfle I believe she wifl go to war with us, if she can
not escape from it without wholly sacrificing her own honor, as
she views the question, I recollect she has done so twice before,
with no credit to herself, but with imperishable glory for us.
A few words as to the condition of her finances, and her means
of carrying on a war. It is said to be the last feathfer, that breaks
the camel's back. That the tirae wifl corae when ,the artificial
and oppressive fiscal system of England must break down, and,
like the strong man of Israel, involve her existing instituiions in
the fall, is as certain as any future political event can be. But
that time has not yet corae, and he raust be a bolder or a wiser
man than I am, to predict when it wfll come. She has the same
means now to raeet her war expenditures, which she has long had:
the power of drawing upon the future for the exigencies of the
present, leaving the generations to corae to pay the debt, or to cast
it off, like a burden too heavy to be borne. At this very moraent
she is making an experiraent, which wfll be almost a revolution.
A wise experiraent, as I believe, but still a fearful one, for an old
society, whose habits are fixed, and which accomraodates itself
with difficulty even to gradual changes.
As to the points of contrast between our condition and that of
England, they are before the world ; and for the purposes of peace
or war, we need not fear the most searching exaraination.
Happen what may, we can neither be overrun nor conquered.
England raight as wefl atterapt to blow up the rock of Gibraltar
~ with a squib, as to atterapt to subdue us. I suppose an English-
raan even, never thinks of that, and I do not know that I can ex
hibit in stronger terras its irapossibflity.
I raight easily spread before the Senate our capacity to annoy a
maritirae adversary, and to sweep the British flag from this part of
the continent ; but I forbear. AVhat we have twice done in the
days of our comparative weakness, we can repeat and far exceed
in these days of our strength. While, therefore, I do not conceal
from myself, that a war with England would temporarily check
our progress, and lead raany evfls in its train, stfll I have no fear
of the issue, and I have an abiding confidence, that we shall corae
out of it, not indeed unharraed, but with all the eleraents of our
prosperity safe, and with raany a glorious achieveraent written on
the pages of our history.
It pains rae, sir, to hear allusions to the destruction of this Gov
ernraent, and to the dissolution of this confederacy. It pains me,
not because they inspire me with any fear, but because we ought
to have one unpronounceable word, as the Jews had of old, and
that word is dissolution. We should reject the feeling from our
hearts and its narae from our tongues. This cry of " wo, wo, to
Jerusalem," grates harshly upon my ears. Our Jerusalera is nei
ther beleaguered nor in danger. It is yet the city upon a hill, glo
rious in what it is, stfll more glorious, by the blessing of God, in
what it is to be — a landmark, inviting the nations of the world,

278 LIFE OF GENERAL CASS.
Struggling upon the stormy sea of political oppression, to follow us
to a haven of safety and of rational liberty. No English Titus will
enter our temple of freedom through a breach in our battlements,
to bear thence the ark of our constitution and the book of our
law, to take their stations in a triuraphal procession in the streets
of a raodern Rome, as trophies of conquest and proofs of submis
sion. Many a raven has croaked in my day, but the augury has fail
ed, and the Republic has raarched onward. Many a crisis has
presented itself to the iraagination of our political Cassandras, but
we have still increased in political prosperity as we have increased
in years, and that, too, vvith an accelerated progress unknown to
the history of the world. We have a class of men, whose eyes
are always upon the future, overlooking the blessings around us,
and for ever apprehensive of some great political evil, vvhich is to
arrest our course somewhere or other on this side of the millenl-
ura. To them, we are the image of gold, and silver, and brass,
and clay, contrariety in unity, which the first rude blow of misfor
tune is to strike from its pedestal.
For my ovvn part, I consider this the strongest government on
the face of fhe earth for good, and the weakest for evil. Strong,
because supported by the public opinion of a people inferior to
none of the communities of the earth in all that constitutes moral
worth and useful knowledge, and vvho have breathed into their po
litical systera the breath of life ; and who would destroy it, as they
created it, if it were unworthy of thera, or failed to fulfil their just
expectation?. And weak for evil, from this very consideration, which would
make its foflies and its faults the signal of its overthrow. It is the
only Governraent in existence vvhich no revolution can subvert.
It raay be changed, but it provides for its ovvn change, when the
public will requires. Plots and insurrections, and the various
struggles, by vvhich an oppressed population manifests its suffer
ings and seeks the recovery of its rights, have no place here. "We
have nothing to fear but ourselves.
And the Senator frora South Carolina wfll permit rae to remark,
that the apprehension he expresses, that a vvar may bring forward
railitary chieftains, who would ultiraately establish their own povv
er upon the ruins of their country's freedom, is, in ray opinion, if
not the last of all the evils, one of the very last, which this Re
public has to fear. I will not stop to point out the circumstances
of our position, character, and institutions, which render a mili
tary despotism impossible in this country. They are written in
burning characters, not uion the wall, but upon the heart of ever J
Araerican ; and they need no seer to expound thera. Our safety
is our union ; our only fear, disunion. In the raoral governraent
of the world, national offences are punished by national calarai-
ties It raay be that we may forsake the God of our fathers, and
seek after strange gods. If we do, and are struck with judicial

LIFE OF g"eneral cass. 279
blindness, we shall but add another to the long list of nations un
worthy of the blessings acquired for them by preceding genera
tions, and incapable of maintaining them ; — but none as signally
so as we.
Mr. Benton, of Missouri, followed Gen. Cass, taking issue vvith
him upon his geographical statemerits and questioning sorae of the
authorities cited by hira. To. the remarks of Mr. Benton, Gen.
Cass replied as follows :
Mr. President, I have corae here this morning to set myself
free. Twice in my life I have been captured by enemies — ¦
once fighting against British pretensions in war, and again fight
ing against British pretensions in peace. My country redeemed
me in the former case — I come to redeem myself in the latter. I
say enemies, but I trust the term is only raetaphorically applicable.
There is nothing in the former relations between the honorable
senator frora Missouri and rayself, nothing in our present position,
which should raake us enemies. On the contrary, a 'ong personal
friendship has existed between us, which I did not suppose was
sundered. If, however, it is otherwise, I ttiust bear it as 1 raay. I
have borne greater calaraities than even the hostility of the honor
able gentleraan frora Missouri.
I carae here, sir, as I said before, to redeera rayself; and I mean
to do it : — to do it by correcting a misapprehension — by speaking
the truth. * He is the freeman, whom the tmth makes free ;
AU else are slaves beside.''
I will not speak in the triumphant tone which pervades the
speech of the honorable senator from Missouri. It is not ray hab
it. " Let not hira that girdeth on his harness, boast hiraself as he
that putteth it off." Let no man boast till the victory is won. And
especially, let him not boast whfle his adversary is absent. What
the senator said presents subjects enough for animadversion, but
the raanner in which he said it vvas stfll raore unacceptable, I am
ignorant of any circurastances, in our relative situations, which
could ju.stify it ; stfll, I repeat, that I raean to vindicate rayself,
and that, too, to the entire satisfaction of every man within the
sound of ray voice.
Mr. Hannegan. Every impartial raan.
Mr. Cass. No, Mr, President ; I vvill not accept the qualifica
tion suggested by my friend from Indiana. If ray vindication is
not satisfactory to every man, partial or irapartial, I will agree to
be tied to the chariot wheels of the honorable senator frora Miss
ouri, and to fight the battles of forty-nine ; and I hardly knovv two
more severe punishraents, that could be inflicted upon rae.
-The honorable senator says that I carae here the other day to
make a studied speech on the subject of Oregon. I did so, sir ;
and he overates his ovvn powers, and underates the raental quali-

280 LIFE OF GENERAL CASS.
ties of the raerabers of this body, who coraes here to give his opin
ions upon a great national subject without due preparation. I shall
not commit that fofly; and I have too rauch regard for the intefli-
gence and experience of the honorable senator to believe that he
would. I presurae that his thoughts are fully prepared upon every
grave topic, on which he presents his views to this body. But
however it may have been before, I have not had rauch tirae for
preparation now, for I was not in ray seat yesterday when the hon
orable senator made his attack, and of course I could not know,
except frora rumour, vvhat he said till this raorning.
Now, sir, what is the subject in controversy between the honor
able senator and myself? He says that I am coramitted, by my
own declaration, to go for forty-nine, if it is shown that comrais
sioners were appointed under the treaty of Utrecht to establish that
parallel as a boundary. This assertion is the whole foundation of
his arguraent, upon which the whole superstructure rests. If the
one falls, the other falls with it. Now, sir, I not only never said
so, but the idea never occurred to rae ; I never thought of it. And
the honorable gentlemen has wholly misunderstood rae, either
through my fault or his own.
He has erected a fortification for me, and battered it down with
his own cannon. I choose to be shut up in ray own defensive
works only. If these are carried by siege or by storra, then I vvill
surrender. But let rae be ray ovvn engineer.
My position was this, sir. Many ofthe merabers upon this floor'
contend that the parallel of forty-nine degrees is the northern bound
ary of our claira in Oregon. Sorae directly so, and others because
it was assuraed to be such by our government in the early period
of our controversy on this subject with England. To us, there
fore, who believe that our claira in Oregon goes to fifty-four de
grees forty rainutes, it vvas essential to show there was an error on
this subject — that the treaty of Utrecht never extended to the
country west of the Rocky raountains.
Mr. Greenhow, in his work on Oregon, had examined this ques
tion, and had endeavored to show that no commissioners, under
the treaty of Utrecht, had ever established any boundary between
the French and English possession* on this continent. So far as
respects the general proposition, it is a raere question bf historical
authenticity, not having the slightest practical bearing upon our ti
tle to Oregon. Because, before our title to Oregon could be af
fected, it raust be shown that that line, if established at all, raust
have extended west ofthe Rocky raountains. ¦
Mr. Greenhow, in his work, enters into the question, and I re
ferred to his book as one entitled to talent, industry and caution ;
and I requested gentlemen, who had doubts on this subject, to turn
to that work, and I thought they would satisfy themselves, that no
such line had been established. I did not vouch for the facts or
conclusions. I never examined the general subject in its extent.
I stated, however, that the result of his discussion upon ray mind

LIPE OP GENERAL CASS 281
was, that such a line had not been run. I ara still under that ira
pression, sir, and nothing that was said yesterday has shaken its
strength. Stfll I do not hold rayself at all responsible for Mr.
Greenhow's accuracy. I should investigate the subject with far
more care than I have done, if I were to be held responsible for
deductions resting uppn any other man's assertions.
The senator from Missouri says he coraes here not to settle a
point, which can at afl influence the action of this body, or have
the slightest effect upon the terraination of our controversy with
England. He says he "raakes no application of this fact," refer
ring to his proof that the parallel of forty-nine was established
soraewhere by the treaty of Utrecht. He says, " I draw no argu
ment from it. I do not apply it to the question of title. I am
not arguing title, and wfll not do it ; but I am vindicating history,
assafled in a vital point by the book which has been quoted and
endorsed. I am vindicating the intelligence ofthe Araerican Se
nate, exposed to conterapt in the eyes of Europe, by a supposed
ignorance of a treaty which is one of the great political landraarks
in Europe and America," &c.
The Senator will pardon me for saying that this seeras to rae
very rauch of a terapest in a teapot. What does he profess to vin
dicate before the Senate of the United States ? Not the rights of
the country, but the alleged truth of an historical fact, misrepre
sented by Mr. Greenhow, and vouched for, as the Senator Jhinks,
by rae. Now, sir, it seems to me, that this solemn trial, before
such a court as this, is hardly justified by the nature of the accu
sation. Here is an historical error. Be it, so. Nobody contends
that it affects our interests or our honor in the remotest degree ;
no raore so than the parentage of Roraulus and Reraus. This is
not a lecture roora. We are neither professors nor students, as
serabled here to discuss the truth or falsehood of historical state
ments, which have no relation to our duties. And it seeras to rae,
also, that Europe wfll know little, and care less, respecting this
grave controversy, now sub judice, before this high tribunal. I
doubt if its farae reaches there. I rather iraagine, that, in that
quarter ofthe globe, there are other, if not graver, subjects to en
gage the attention of both Governraents and people, than historic
doubts, involving Mr. Greenhow's accuracy and ray credulity.
Stifl, sir, as this question is thus brought before us, I shall pro
ceed to give a brief synopsis of it, and leave honorable Senators
to judge for theraselves. The Senator frora Missouri has brought
forward three principal facts, to prove that the paraflel of 49 de
grees was established by commissioners under the treaty of Utrecht.
The first is a dispatch from .Mr. Madison to Mr. Monroe ; the se
cond, a statement submitted by Mr. Monroe to Lord Harrowby ;
the third — I put thera together, for the honorable gentleraan has
joined them — Postlethwayt's Dictionary and D'Anvflle's maps.
Before proceeding further, sir, I beg to remark, that the hono
rable Senator, in q.uite a taunting tone, contrasts my investigation

282 LIFE OF GENERAL CASS.
of this raatter with his own. He goes to the fountain-head, the
authentic documents, and there finds the truth ; while I go to the
turbid stream, and am thence "led astray," and thus have wander
ed into the enemy's carap, and have become a prisoner. And
what are those authentic documents vvhich the honorable Senator
has sought and found, and pored over vvith the midnight lamp, to
educe the truth? Why, Postlethwayt's Commercial Dictionary,
containing a map I This is all, literally all ! — a work long since
referred to by Mr. Greenhow in his book, and exarained by hira.
Now, sir, the first reflection vvhich strikes a man is this, that if
this line were thus established, the proof of it might have been got
forty years ago from the archives of Paris or London. That would
be positive and undeniable evidence, and all short of it is incon
clusive, and such as no tribunal of justice would receive as final.
Before any man assumes the existence of such a line as a bar
rier to his country's claims he ought to prove it, not by loose de
ductions from loose historical notices, but by an authentic copy of
the act of the commissioners.
But what says Mr. Madison ? The honorable Senator frora .Mis
souri says, "the fact of commissaries having acted, vvas assumed
for certain.'' The language of Mr. Madison reads far otherwise
to me. As I stated the other day, he speaks doubtfully upon the
subject ; and I repeat the assertion, notwithstanding the contrary
averment of the Senator frora Missouri. "There is reason to be
lieve," said Mr. Madison to Monroe, "that the boundary between
Louisiana and the British territories north of it was actually fixed
by coraraissaries appointed under the treaty of Utrecht."
He then adds, that he sends a paper, containing the authority
respecting this alieged decision ; but he adds cautiously : " But
you will perceive the necessity of recurring to the proceedings of
the commissaries as the source of authentic information. These
are not within our reach here, and it must be left to your own re
searches and judgment to determine the proper use to be raade of
thera." If this is certainty, I should like to knovv vvhat uncer
tainty is. The honorable Senator regrets, that I had not looked
into the original documents, instead of depending on Greenhow,
and thus becoming "his dupe and his victim" — not very courte
ous words these, by-the-by — and that if I had done so, I would
not have said that Mr. Monroe had not added any thing to Mr.
Madison's statement, and had left the question as doubtful as he
had found it. " In point of fact," says the Senator, " Mr. Mon
roe added the. particulars, of which Mr. Madison declared his ig
norance — added the beginning, the course and the ending of the
line, and stated the vvhole with the precision of a raan, who had
taken his information from the proceedings of the commission
ers." This is to me a strange view of the raatter, sir. I cannot find
that Mr. Madison refers to any particulars. He certainly does
not use the word. It is the authenticity of the notice, enclosed

LIFE OF GENERAL CASS. 283
by him, which he desires Mr. Monroe to ascertain. What the
particulars were, contained in the notice, we do not knovv, as the
paper itself cannot be found. That notice, as I shall show, or
rather Greenhow has shown, there is every reason to believe, was
an extract from Douglass' History of America.
Before I proceed to examine these particulars, I raay be allow
ed to reraark, that Mr. Madison doubted with precisely the same
facts, which we have before us — the map and book referred to by
the honorable gentleman. And to this day, not one single circura
stance has been added, which could reraove these doubts. Where,
then, that fliustrious raan felt uncertainty, I raay be perraitted to
feel a greater degree of it, in consequence of the direct and cir-
curastantial evidence since discovered, leading tP the presumption
that no such line was established. But I repeat, sir, that in this
investigation I do not profess to come to any absolute conclusion.
It is a subject on which raen may differ. The result of my ex
araination irapresses rae with the conviction, that no such line was
established. Mr. Monroe presented a raeraoir to Lord Harrowby,
the Secretary of State, and I wfll now quote frora the gentleman's
speech that part of it, upon which he dwells, as showing " the be
ginning, courses, and end of the line, &c., with the precision of
a raan, who had taken his inforraation from the proceedings of
the ccmmissaries." I wfll qupte, alsp, the statement pf Dpuglass,
the histprian of North America ; and no doubt can exist on the
mind of any man, that Mr. Monroe resorted to that authority for
his statement, and not to the original archives :
"Commissaries were accordingly ap- Donglass says, page 7; '' By the treaty,
pointed by each Power, who executed however, the Canada, or French line.
the stipulation» of the treaty in estab- with the Hudson Bay Company of Great
lishing the boundaries proposed by it." Britain, was ascertained from a certain
"They fixed the northern boundary of promontory upon ttie Atlantic ocean in
Canada and Louisiana by a line begin- ffty^eigkt degrees, tliirty mim^tes of
ning in the Atlantic, at a cape or pro- north laiititde, io run southwest to Lake
montory in fifty-eigtit degrees, thirty Mistissin; io he continued still soutltwest
minutes nortti latitude; thence south- io the forty ininth degree, and from
westwardly to tlie Lalze Mistissin, thence thence due west indefinitely.'^
further souttiwest to the latitude of forty.
nine north from ihe equator, and along
thai line indefinitely."
' Now, sir, the honorable Senator from Missouri says that Mr.
Monroe must have taken his information from the proceedings of
the commissaries. No raan can doubt but that Mr. Monroe quo
ted from Douglass' book. The language is so nearly identical as
to render such a coincidence impossible, if it were accidental.
The suggestion that Mr. Monroe went to the archives to pro
cure the particulars, of which " Mr. Madison had declared his ig
norance," but of which declaration I cannot find a trace, seems
to rae very extraordinary, when we advert to Mr. Monroe's report.
The proceedings in such a case as this, establishing a boundary
between two great nations, extending over so large a portion of
the surface of the globe, vvere never recorded in the language of
Mr. Monroe. Whp vvere the coraraissioners ? Where did they

284 LIFE OF GENERAL CASS.
sit? What was the date of their action? Where was the con
firraation of their award by their Governments? What, in fact,
were the points indicated? " Beginning in the Atlantic, at a cape
or promontory in fifty-eight degrees, thirty rainutes north latitude!"
A cape or promontory not named, but to be ascertained by its lati
tude ! And if the latitude were not correctly stated, what then ?
Suppose where that parallel struck the Atlantic, there was no cape
or promontory ? And would any comraissioners assume such an
absolute knowledge of the topography of a remote and barren
coast, as to make that fact the basis of their vvhole action I Valid,
if it were so; invalid, if it vvere not.
But this loose language is not confined to the place of com
mencement. After leaving this " cape or promontory," this terra
incognita, the line is to run southivestwardly to Lake Mistissin,
an indefinite course, as will be seen, and not rendered definite by
indicating what part of the lake it was to strike.
No reasonable doubt can exist, but that as Mr. Monroe employ
ed the language of Douglass, he took the statement from that his
torian. Mr. Monroe, however, presented the fact tp Lord Harrowby,
and it was not contradicted by him, so far as we know.
Frora this negative circurastance the gentleman frora Missouri
draws the important conclusion, that the fact must have been so.
I shall not enter into this raatter, as it is not at all iraportant.
Mr. Monroe stated a fact that had occurred, if it occurred at
all, a century before. It had in reality little, if any, bearing upon
the subject he was urging, which was the right of the United
States to " possess the territory lying between the lakes and the
Mississippi, south of the parallel of the forty-ninth degree of lati
tude." It was to the treaty of 1783, that he was referring, and tp Mitch
ell's raap, by which it was fprmed. He adverts to the treaty of
Utrecht by saying that " by running due west from the northwest
ern point of the Lake of the Woods to the Mississippi, according
to the treaty of 1783, it raust have been intended, according to
the lights before thera, to take the paraflel of the forty-ninth de
gree of latitude, as established under the treaty of Utrecht."
Now, sir, it raight well be that Lord Harrowby never consider
ed it necessary to look into this afleged fact, as it had no real bear
ing on the subject, being alluded to raerely as giving reasons,
which raay have influenced the coramissioners in fixing the bound
aries of 1783.
Most certainly his sflence, under such circumstances, furnishes
no solid proof— scarcely, I raay say, a light presuraption — in favor
of this parallel of forty-nine degrees.
The next proof of the establishment of this line given by the
Senator, was Postlethwayt's Commercial Dictionary, with D'An
vflle's map. There is no quotation from the dictionary, and the
matter, therefore, rests on the raap alone.

LIFE OF GENERAL CASS. 285
The Senator then pointed out the line established under the
treaty of Utrecht, and read the account of it as given in a note on
the upper left-hand corner of the map. The description was in
these words :
" The line that parts French Canada from British Canada leas
settled by commissaries after the, peace of Utrecht, making a
course from Davis's Inlet, on the Atlantic sea, down to the forty-
ninth degree, through the Lake Abitibis, to the Northern Ocean ;
therefore Mr. D'Anville's dotted line east of James's Bay is
false." The Senator then states that this map was " made by D'Anvflle,
the great French geographer of his age, and dedicated to the
Duke of Orleans," &c., &c.; and he adds, it is the " authentic
French testimony in favor of the line of Utrecht."
Now, sir, it is not a little curious, that this map, thus authorita
tively pronounced to be authentic, is upon the very face of it sta
ted to be false in one iraportant particular. What, then, becoraes
of the correctness of the assertion of the honorable Senator, and
of the certainty of this tesfiraony ?
If v^ong in one respect, it raay be so in others, and at any rate
our faith in its pretensions is entirely shaken. But I do not un
derstand by whom this note was written : evidently not by D'An
vflle, for it irapugns his own work. We have not, therefore, D'An
vflle's authority for this line, as being established under the treaty
of Utrecht. He raarks the line upon his map, but whence his au
thority for it is left to conjecture.*
One other point, sir. The honorable Senator states, that in an
attempted negotiation with the British Government, during Mr.
Jefferson's administration, two articles were proposed — one by the
Araerican coraraissioners, and one by the British — for the estab
lishment of a boundary between our country and Canada, from
the northwestern point of the Lake of the Woods. The articles
* Such were the resdlts suggested to me at the moment, naturally arising from the cir
cumstances. Taking the map to be D'Anville's, as I uuderstood the honorable Senator
from Missouri to state, I could not comprehend by whom it was discredited ; as surely the
French geographer would not have impugned his own work. From the existence ©f an
acknowledged error, I deduced the conclusion that the map was not entitled to be consid-
eied " as the authentic French testimony in favor of the treaty of Utrecht."
What, however, I did not understand then, I understand now. In conversailon with
Col. Benton since, he has informed mo that thia map ts not the original work of D'Allville,
but an Enghsh edition of it, by Bolton, with alterations.
This fact, of course, destroys the entire value uf the map as authentic testimony. Bol
ton, in the above note, does not state that the parallel of fort\-nme degrees as a boundary
was marked upon D'Anville's map. Thia English edition was published in London in
1752, as greatly improved hy John Bolton. Mr. Greenhow, who has examined D'Anville's
original work, states, in an article published in the Union, April 3, 1846, that neither the
parallel of Jorty-nine degrees as a boundary between Canada and the Hudson's Bay territo
ries, nor any other Hne passing through, the same portion of the continent, is to be found on the
real map of D^.SnviUe.
He states that the French geographer upon his map carried the boundary of the French
and British possessions to the dividing^ land between the waters of the ocean -and those of
the lakes and of the Mississippi ; giving to Prance the whole country west of the moun
tains, including that situated upon the Alabama and its tributaries. He says Bolton im
proved upon this boundary, by carrying the British line to the forty-ninth parallel ; and if
so, then what becomes of this "authentic French testimony, in favor of the line of
Utrecht— that line upon which the Senator from Michigan has staked the reversal of his
Oregon position .¦"'

286 LIFE OF GENERAL CASS.
are substantially the sarae, but with the difference which an exami
nation of them wfll show.
The American projet provided:
"That a line drawn due north or south (as the case may re
quire) from the northwestern point of the Lake of the Woods, un
til it shall intersect the forty-ninth parallel of north latitude, and
with the said paraflel shall be the southern boundary of his Ma
jesty's territories, and the northern boundary of the said territo
ries of the United States."
The British projet, after providing for the running of a line
north or south, as might be, from the northwestern point of the
Lake of fhe Woods to the parallel of forty-nine degrees, provides
that the "said parallel shall be tbe dividing line between his Ma
jesty's territories and those of the United States to the westward
of the said lake, as far as their respective territories extend in that
quarter ; and that the said line shall to that extent form the south
ern boundary of his Majesty's said territories, and the northern
boundary of the said territories of the United States."
Each of i\\ese pro jets contains the sarae proviso, " That nothing
in the present article shall be construed to extend to the northwest
coast of America, or to the territories belonging to, or clairaed
by, either party, on the continent of Araerica vvest of the Stoney
Mountains." The Senator exclaimed triumphantly, " Here is concurrence in
the proceedings of commissaries under the treaty of Utrecht."
"Here is submission to that treaty on the part ofthe British," &c.
In the first place, sir, allow me to remark that this was a mere
projet, and that no treaty was raade on the subject till eleven years
afterwards, in 1818. Now, what is meant by "concurrence"
here? If accidental coincidence, the matter is not worthy of fur
ther inquiry. But if by " concurrence" is meant that this line
was actually established by the treaty of Utrecht, ahd thus bind
ing on the parties, no other convention was necessary. Both na
tions, upon this assumption, mistook their own rights and their
duties. The boundary had been established a century before, and
they were carrying on a useless and barren negotiation, which was
thus blindly and unnecessarily ripened into a treaty in 1718. But,
sir, the Senator proceeds to ask what Mr. Jefferson did with this
projet, and adds, that he rejected it. And why, sir? The letter
from Mr. Madison to Messrs. Monroe and Pinkney, dated July
SOth, 1807, states :
" "The modification of the fifth article (noted as one which the
British commissioners would have agreed to) may be admitted in
case that proposed by you to them be not attainable. But it is
much to be wished and pressed, though not made an ultimatum,
that the proviso to both should be omitted. This is, in no view
whatever, necessary, and can have little other effect than as an of
fensive intiraation to Spain that our claims extend to the Pacific
ocean. However reasonable such claims may be, compared with

LIFE OF GENERAL CASS. 287
those of Others, it is irapolitic, especially at the present, moment,
to strengthen Spanish jealousies of the United States, which it is
probably an object with Great Britain to excite by the clause in
question." Now, sir, Mr. Jefferson's object was not to offend Spain, and
therefore he rejects a proviso, which expressly limits our claim to
the Rocky Mountains, in order not to excite the jealousy of a
raost jealous nation, by even the appearance of interfering with
her rights; and yet the honorable Senator supposes that this very
treaty, without the proviso, was to run to the Pacific, claiming for
us and England the vvhole country. And which would excite the
jealousy of Spain most ? To say expressly the American Govern
ment wifl raake no arrangement with that of England for pushing
the Araerican title west of the Rocky Mountains, or to form a
treaty actually carrying this claira there without regard to Spanish
rights? It is obvious to me, that Mr. Jefferson did not believe in
the English title vvest of the Rocky Mountains as far as the Paci
fic ; and, therefore, making a treaty vvith that Power for the' estab
lishment of a boundary between her and the United States would
not justly give offence to Spain, as it would not call in question
Spanish rights.
The honorable gentleraan has not said one word of Mr. Jeffer
son, in which I do not heartily concur. An abler or a purer states
man is rarely to be found in history. Time, vvhich tries the fame
of all men, and reduces the farae of most raen, is rendering his
brighter and brighter ; and we have scarcely a name in history —
certainly but one — vvhich is more revered by the Araerican peo
ple, as that of a pure patriot and a consummate statesman. The
honorable Senator vvill please to recollect, that this projet of Mr.
Jefferson, under any circurastances, proves nothing, because —
1. It vvas never carried into effect;
2. It vvas before the Florida treaty, by which we acquired the
Spanish title;
3. It was forraed under the impression, now shown to be an er
roneous one, that the parallel of forty-nine degrees -had been estab
lished, under the treaty of Utrecht, as the northern boundary of
Louisiana, extending to the Rocky Mountains.
But after all, our rights remain as they vvere ; and the opinions
of such able and honest men as Mr. Jefferson, Mr. Madison, and
Mr. Monroe,, whatever those opinions may have been, though en
titled to very grave consideration, still leave the Governraent per
fectly free and unerabarrassed by a projet proposed by them, but
finally abandoned. Though, upon the assumption that the north
ern boundary of Louisiana vvas fixed by commissaries under the
parallel of forty-nine degrees, I cannot understand why the par
ties negotiated at all ; and though I see no evidence, that the line
proposed was intended as the recognition of an English title west
of the Rocky Mountains, to the exclusion of Spain, but the con
trary ; yet I have such an abiding confidence in each of those

288 LIFE OF GENERAL CASS.
statesraen, that I ara fufly satisfied the apparent facts within their
reach justified their course, whatever that was intended to be.
But, sir, what are the circumstances which render doubtful — I
might say discredit — the establishment of this parallel of forty-
nine degrees under the treaty of Utrecht ? I vvill refer here to a
portion of an article published in the Union, February 24, 1846,
and written by Mr. Greenhow :
"On the other hand, Mitchell's large map of America, publish
ed in 1755, under the patropage of the Colonial Departraent of
Great Britain, which was consulted and adopted as authority by
the British and Araerican Plenipotentiaries in regulating the lim
its of the United States, in the treaty of 1783, presents a line
drawn along the highlands separating the waters flowing into Hud
son's Bay from those of the St. Lawrence and the lakes, as the
'boundary of Hudson's Bay by the treaty of Utrecht ;' and the
same line appears on the map of Araerica, in Sraollett's History
of England, published in 1760; on that of Bennett, in 1770; on
that of Faden in 1777; and on some other maps of that tirae.
" In contradiction of all these opinions, no line of separation
whatsoever between the Hudson's Bay territories and the French
possessions, is to be found on the large and beautiful map of Arae
rica, by Popple, published in 1738, (also under the patronage of
the Colonial Department,) and bearing the certificate of Dr. Hal-
ley to its correctness; nor on any map in the Atlas of Maxwell
and Senex, published in 1621 ; in Beyer's Political Stale, 1721;
in the History of Hudson's Bay by Dobbs, the Governor of that
territory, 1744 ; in the Histoire de la Nouvelle France, by Charle
voix, 17-44,; in the System of Geography, by Bowen, 1747; in the
American Traveller, 1769; in the American Atlas, by Jeffries,
1778; in the History of the French Dominions in America, by
Jeffries, 1760; nor in the map of America, frora the raaterials by
Governor Pownal, in 1794; nor is there any allusion to such a
line in the works to vvhich these raaps are attached, or in any other
work or raap of reputation published during the last century, save
those above raentioned.
" None of the works above raentioned are authorities on the
subject, proceeding, as they all do, frora persons unconnected with
the transactions of the Utrecht treaty, and possessing no better
means, so far as known, of information respecting thera than other
people ; they, indeed, only show that the boundary was supposed
by sorae persons to have been so settled at the tirae when they
were written.
" Of the works, which raay be considered as authorities, the
following, comprising, it is believed, all in which a record or no
tice of such a transaction, if it had taken place, should be found,
are entirely sflent with regard to any decision or other act of com
missaries appointed under the treaty of Utrecht, to settle the line
of separation between the Hudson Bay territories and the French
possessions, viz : the Collections of Treaties by Dumont, Boyer,

LIFE OF GENERAL CASS. 289
Martens, Jenkinson, Herstlet, and others ; Actes, Memoires, &c.,
concernant la Paix d'Utrecht, 1716, and Actes, Negociations, &,c.,
depuis la Paix d'Utrecht, 1745, two voluminous works, contain
ing, it may be supposed, every public docuraent, and notice of
every act connected with the negotiation of the treaty of Utrecht,
and the consequent proceedings ; Collection des Edits, Ordonnan-
ces, &c., concernant le Canada, Cluebec, 1803, apparently a eora
plete asserablage of all the raost iraportant public docuraents rela
tive to Canada and the fur trade ; Meraoires des Commissaires
Frangcais et Anglais, sur les Possessions des deux Couronnes en
Amerique, 1754 to 1757, vvhich could not have thus omitted to
notice this settleraent of boundaries, if it had taken place; the
Histoire de la Diploraatie Frangaise, by Flassan, 1811, and the
Histoire des, Traites de Paix, by Koch and Schoell, 1817. To
these authorities raay be added, as equally sflent on the subject,
the Histories of England by Tindall, Smollett, Belsham, Hughes,
Mahon, Wade, the Parliamentary History, and the Pictorial His
tory ; the Histories of France, by Sismondi, Anquetil, and Lacre-
telle ; Lord John Russell's Affairs of Europe since the Peace of
Utrecht ; the Histories of, and Memoirs on, Louisiana, by Dumont,
Dupraix, Vergennes, and Marbois ; the political works of Swift,
Bolingbroke, and Voltaire; and raany other works relating to the
history of the period at which this settlement ofthe northern lirait
of Louisiana is said to have been raade.
"This is all negative evidence, indeed; but it is the only evi
dence of which the case admits, and is equivalent to a positive
contradiction of the supposition that any settlement of boundaries
between the Hudson Bay territory and the French possessions was
made under the treaty of Utrecht ; as such a transaction could
not have escaped notice in afl, or indeed in any, of the works men
tioned in the preceding paragraph, if it had taken place, and es
pecially if it had been so notorious as the knowledge of it by those
who asserted it would seera to indicate. It wfll be said that there
must have been sorae foundation for the assertion ; and possibly
such a line may have been proposed, and made the subject of dis
cussion between the two Governments in 1718, as a part of it was,
a hundred years after, between one of them and the United States.
That coraraissaries were appointed to settle boundaries, under the
treaty of Utrecht, is most probable ; and, in proof not only of their
meeting, but also of their separation without effecting any of the
objects proposed, the following passage appears in the Histoire de
la Nouvefle France, by Charlevoix : ' France took no part in this
dispute, (between the British and Indians in Nova Scotia, in 1722,)
in order to avoid giving the slightest pretext for interrupting the
good understanding between the two nations, which had been re
stored with so much difficulty; even the negotiations between the
two Courts for the settlement of boundaries ceased, although com
missaries had been appointed on both sides, for that object, since
1719. Anderson, in his History of Comraerce, and Macpherson,
19

290 LIFE OF GENERAL CASS.
in his Annals of Coraraerce, both positively deny that any bound
aries were settled under the treaty of Utrecht."
In addition to the facts above stated, I vvill add another short
paragraph, which was handed to rae by ray friend [Mr. Hanne
gan] since I carae here to-day. I have not had tirae to advert to
the original, but I presurae it is correct.
"In De Mofras's book, the official exposition by the French Go
vernraent of the grounds of the English claims to the Oregon ter
ritory, and its ovvn former pretensions to that region, it is said,
vol. ii. p. 158 :
" ' It was agreed, at the peace of 1713, and by the treaty of
Utrecht, that commissioners should meet to trace with precision,
to the north and the west, the liraits between the Hudson Bay
country and New France, and to the south, the boundaries be
tween that province and the English possessions. Nevertheless,
there does not exist in any written record, nor in any raaps or
charts, a single docuraent showing that these frontiers ever were
definitely established. And, in 1722, all proceedings on this sub
ject had been ab&ndoned, according to Father Charlevoix, that not
the least pretext might be given to violate the good understanding,
which it had been found so difficult to establish between the two
crowns of France and England. The archives of the office of
Foreign Affairs contain no chart or memoir relating to the treaty
of Utrecht, regarding these frontiers, nor do those of the Depart
ment of Marine; and thus the assertion of Charlevoix is fully sus
tained.' " The reference is to Charlevoix's New France, vol. iv. p. 124,
and the top of the page."*
Now, sir, I shafl pursue this investigation no further. I have
already observed that, whether this line was established or not east
of the Rocky Mountains, is not of the slightest importance. The
position that I occupied in my speech, and that I occupy now, is
this : It is contended in the Senate, and out of it, that the paral
lel of forty-nine is our northern boundary in the territory of Ore
gon, and that it was assumed as such by our Government in the
early part of the controversy, and so maintained for some years ;
and that we are, therefore, concluded against the assertion of any
other boundary. Now, sir, my object vvas to show, that no such
line was ever established by the treaty of Utrecht in the Oregon
country, and that we were, therefore, free to urge our pretensions,
without regard to this statement, or to the acts of our Governraent,
founded upon an erroneous impression, that the line of forty-nine
* The following is the remark of Father Charlevoix, referred to above :
" Ftance took no part in this quarrel," (speaking of some disputes botweeu the English
and the Indians,) " so as not to give the least pretext to break the good understanding,
which it had cost so much to establish, between the two Crowns. The negotiations be
tween the two courts for the establishment cf boundaries ceased ; although commissioners
had been appointed on both sides ever since the year 1719."
This was written in 1743. 1 he author was the well known traveller sent out by the
French Government to esplcre and describe their possessions in North America ; a task
which he executed with equal judgment and accuracy. Great weight is due to his au
thority.

LIFE OF GENERAL CASS. 291
degrees did extend to the Pacific ocean. This is what I under
took to disprove, and nothing but this. And I will now ask the
honorable Senator from Missouri if he believes that the parallel
of forty-nine was ever established by coraraissaries under the trea
ty of Utrecht, as a boundary west of the Rocky Mountains? I
will wait for the honorable gentleman's reply.
[Here Mr. Cass paused for a short time ; but Mr. Benton not
answering, he continued.]
Well, the honorable gentleman does not answer rae. If he be
lieved the line run there, I am sure he would say so; for, if it did
not run there, we are forever foreclosed from any claim under the
Louisiana treaty, and the force of the honorable gentleraan's attack
upon me would be greatly strengthened. As he does not answer, I
shall take it for granted that he believes no such line was ever estab
lished there. And if the fact is so, my object is answered, and we
are relieved from the erabarrassraents arising out of the repeated
assertions that the line of 49 degrees is our northern boundary in
the territory of Oregon. I will now read to the honorable Sena
tor what I said the other day on this subject, and he will perceive
how much he has misapprehended rae, and that all my allusion to
the paraflel of 49 degrees east of the Rocky mountains was a mere
incidental topic, having no bearing upon my actual position. What
I did say is this : "The treaty of Utrecht never refers to the paral
lel of 49 degrees, and the boundaries it proposed to establish were
those between the French and English colonies, including the
Hudson Bay Company in Canada. The charter of the Hudson
Bay Corapany granted to the proprietors all the "lands, countries,
and territories," upon the waters discharging theraselves into Hud
son's Bay.
"At the date ofthe treaty of Utrecht, which was in 1713, Great
Britain clairaed nothing west of those "lands, countries, and ter
ritories," and of course there was nothing to divide between
France and England west of that line. Again, in 1713, the north
western coast was alraost a terra incognita, a blank upon the map
of the world. England then neither knew a foot of it, nor claira
ed a foot of it. By adverting to the letter of Messrs. Gallatin and
Rush, comraunicating an account of their interview with Messrs.
Goulburn and Robinson, British coraraissioners, dated October
20th, 1818, and to the letter of Mr. Pakenhara to Mr. Buchanan,
dated Septeraber 12th, 1844, it wiU be seen, that the commence
raent of the British claim is effectively limited to the discoveries
of Captain Cook, in 1778. How then could a boundary have
been established fifty years before, in a region where no English
man had ever penetrated, and to which England had never asserted
a pretension ? And yet the assumption that the parallel of 49 de
grees was established by the treaty of Utrecht as a line between
France and England, in those unknown regions, necessarfly in
volves these inconsistent conclusions. But besides, if England,
as a party to the treaty of Utrecht, established this line, running

292 LIFE OF GENERAL CASS.
to the Western ocean, as the northern boundary of Louisiana,
what possible claim has she now south of that line ? The very
fact of her existing pretensions, however unfounded these may be
.shows that she considers herself no party to such a line of division.
It shows, in fact, that no line was run; for ifit had been, the evi
dence of it vvould be in the English archives, and, in truth, "would
be known to the world without contradiction." This is what I
said; and this was followed by the synopsis of my views upon the
subject, which I read, and which I wfll read again :
1. It is not shown that any line was established on the parallel
of 49 degrees to the Pacific ocean.
2. The country on the northwestern coast vvas then unknown,
and I believe unclairaed ; or, at any rate, no circurastances hacl
arisen to call in question any claira to it.
3. The British negotiators in 1818, and their Minister here in
1844, fixed upon the voyage of Captain Cook, in 1778, as the
•commencement of the British title in what is now called Oregon.
4. The treaty of Utrecht provides for the establishment of a line
between the French and British colonies, including the Hudson
Bay Corapany. The British held nothing west of the corapany's
possessions, which, by the charter, included only the "lands, coun
tries, and territories," on the waters running into Hudson's Bay.
5. If England established this line to the Pacific ocean, she can
-have no claira south of it ; and this kind of arguraent, ad hominem,
tiecoraes conclusive. And let me add, that I owe this argument
to my friend from Missouri, [Mr. Atchison,] to whose reraarks
upon Oregon the Senate listened with pleasure and vvith profit sorae
¦days since.
6. How could France and England claira the country to the Pa
cific, so as to divide it between them in 1713, when, as late as
1790, the British Government, by the Nootka convention, expressly
recognized the Spanish title to that country, and claimed only the
-ase of it for its own subjects, in coraraon with those of Spain.
I ara now, sir, brought to the annunciation, which I made, and
which the honorable Senator has so strangely misunderstood. What
i said, was this — I wfll repeat it in the very words I used upon the
former occasion : " I now ask, sir, what right has any American
statesman, or what right has any British statesman, to contend
that our claim, whatever it raay be, is not just as good north of this
line as it is south of it ? When this question is answered to ray
satisfaction, I, for one, wfll consent to stop there. But untfl then,
E ara araong those who mean to march, if we can, to the Russian
^boundary." This, sir, is my position. How different it is frora the position
assigned to me by the honorable Senator, I need not say. I trust
i have redeeraed myself, and that I can again enter into the con
test, a free man, baffling for the full rights of his country, even to
54 degrees 40 minutes.
The discussion of this question was continued through sixty-five

LIFE OF GENERAL CASS. 29S
days of the session. On the 16th of April, Mr. Allen raoved that
the resolution under debate, with the dmendments, be laid on the
table, with the view of taking up for consideration the preamble
and resolution relating to the same subject, which had passed the
House of Representatives and been sent to theSenate for concur
rence. The motion was agreed to, and the Senate proceeded to-
consider the House resolution. It was amended in the Senate, by
prefixing to it a preamble, and by changing it from a peremptory
and explicit authority to the President to terminate the convention,
to a discretionary one. The House of Representatives did not con
cur in the amendments, nor subsequently, upon the report of com
mittees of conferences of both Houses, was an agreement effected.
In May, following, the subject of extending the jurisdiction over
the territory west of the Rocky Mountains, being under considers^
tion in the Senate, Mr. Benton again opened the question of the
title of the United States to the Oregon territory. In the course
of his speech, he atterapted to controvert the stateraents of Gen.
Cass, forraerly made in regard to the boundary line running along
the parallel of 54 degrees and 40 rainutes.
In reply Gen. Cbss addressed the Senate, exaraining and dis
cussing the objections raised by his powerful antagonist, sustain
ing, by his raasterly arguraent and irrefragable proofs, the cor
rectness of his ovvn stateraents and clearly pointing out the errors
ofhis opponent.
Gen. Cass, foreseeing the approach of a crisis in the vexed questions
between the United- States and England, which might involve the
two countries in a war, and irapressed with the necessity of being
prepared to meet any contingency that might happen, introduced
at an early period in the session, prior to the discussion of the
Oregon question, resolutions, instructing the committee of the Sen
ate on military affairs to inquire into the condition ofthe national'
fortifications and of their armaraents, and whether other defencive
works were necessary ; and into the condition and quantity of the
mflitary supplies ; and into the state of the means possessed by the
governraent for the defence of the country ; and also instructing
the coraraittee on the railitia to inquire into the present conditioit'-
of that great branch of the public service, and into the state of the •
militia laws ; and that they be further instructed to report such

294 LIFE OF GENERAL CASS.
changes in the existing system as will give raore experience and
efficiency to that arra of defence, an.d wfll place it in the best con
dition for protecting the country should it be exposed to foreign
invasion ; and that the committee on naval affairs inquire into the
condition of the navy ofthe United States, and into the quantity
and condition of the naval supplies on hand, and whether an in
crease of thera was not necessary to the efficient operations of the
navy, and to its preservation and augraentation ; and, generafly,
into its capacity for defending our coast and our coraraerce, and
for any service the exigencies ofthe country might probably require.
Gen. Cass advocated the adoption of these resolutions at length.
He said :
It was impossible to peruse the President's message, and to ob
serve the indications of public sentiraent which are crowding upon
us frora every quarter, without being aware that a crisis is fastv ap
proaching in the intercourse between this country and Great Bri
tain, which deraands the serious consideration, and raay require
the cordial and active co-operation, of the whole Araerican people.
The President has told us that the negotiations respecting Oregon,
if they have not reached a close, have, at any rate, reached a po
sition almost equivalent to it. The claims of the respective nations
are utterly irreconcfleable; and a compromise, by a voluntary sac
rifice of a portion of their pretensions by one party, or by both, or
a submission of the whole matter in controversy to some foreign
power, seera the only alternative by which peace can be preserved.
Our governraent has already declined to submit our rights to
foreign arbitration. That is a process which, under equal circum
stances, raay well be adopted by independent nations to terrainate
disputes, which would otherwise seek the arbitrament of vvar. It
preserves the honor of both parties, and ought to preserve the just
interests of both. It substitutes reason for force, and is therefore
suited to the advancing opinions ofthe age, and to the duties and
feelings of Christian communities. But these equal circurastances
do not exist in our present dispute with England. There are ob
vious considerations, into vvhich I need not enter here, growing
out of the relative situation of that country andof ours, with those
powers of Europe from whom an arbitrator vvould almost necessa
rily be selected, and out of the influence she possesses over their
counsels, and, I may add, growing out of the nature of our insti
tutions, and the little favor these enjoy at present upon the East
ern continent, which raay well have raade the governraent hesitate
to subrait iraportant interests, at this particular juncture, to such
a tribunal. It raay wefl have thought it better to hold on to our
right, and to hold on also to our remedy, rather than commit both
to a royal arbitrator. War is a great calaraity, and ought to be

LIFE OF GENER.iL CASS. 295
avoided by all proper means ; but there are calaraities greater than
war, and araong these is national dishonor.
I did not rise, sir, as vvill be seen, to discuss in whole or in part
the question of our right to Oregon. That subject will corae up
in its own proper time. There raay be sorae difference of opinion
as well in Congress as in the nation, respecting the territorial ex
tent of that right ; though I take this opportunity of expressing ray
entire and hearty concurrence in the claim as advanced by the
President. But I ara sure there is no great party, and I trust there
are few individuals in this country, vvho are prepared, even in an
extrerae spirit of compromise, to aceept the most liberal offer that
England has yet raade. Her pretensions and ours are so widely
separated, that there seeras no middle ground on which to raeet.
Our raost raoderate claira, and her most liberal offer, leave the"
parties assunder by seven degrees of latitude, and by a large por
tion of the territory in question. What, then, is our condition ?
Can we recede ? Can we stand stifl ; or must we advance?
As to receding, it is neither to be discussed nor thought of I
refer to it but to denounce it— a denunciation which will find a
response in every American bosom. Nothing is ever gained by
national pusillanimity. And the country which seeks to purchase
temporary security by yielding to unjust pretensions, buys present
ease at the expense of permanent honor and safety. It sows the
wind to reap the whirlwind. I have said elsewhere, what 1 will
repeat here, that it is better to fight for the first inch of national
territory than for the last. It is better to defend the door sill than
the hearth stone — the porch than the altar. National character is
a richer treasure than gold or silver, and exercises a moral influ
ence, in the hour of danger, which, if not power itself, is its surest
ally. Thus far, ours is untarnished ; atid let us all join, hovVever
separated by party or by space, sb to preserve it.
If we cannot recede, can we stand stifl? No, Mr. President;
in this, as in all the other elements of national power and great
ness, our duty and our destiny are onwards. We might as well
attempt to stay the waves ofthe Pacific, as to stay the tide of em
igration which is setting towards its shoies. If this government
had the disposition, it has not the povver to arrest this huraan xur-
rent. But it has neither — neither the power nor the disposition
to do it. There are questions of public right, vvhich may rest in
abeyance; vvhich are not called into daily exercise; and need be
asserted only when required. But such is not the right by vvhich
we hold Oregon. We must maintain it, or abandon it. A vigor
ous and enterprising people are fast increasing there, vvho wifl hold
t he country by the best of all titles— «that of occupation and iraprove-
ment ; and if we do not provide them a government, they will pro
vide one for theraselves. Already necessity has compelled them
to organize their civil society, and to make those arrangeraents
for the preservation of order, without which no civflized coramuni
ty can exist. It is only a few days since they raade known to you.

296 LIFE OF GENERAL CASS.
by a judicious and well-written meraojial, their condition and their
wants ; and asked your interposition to reraove the serious difficul
ties with which they find theraselves environed. And think you,
that if their prayer is unheard, and their grievances unredressed,
and if the present state of things continue, that you wfll find a dis
tant colony patiently awaiting your tardy movements, and ready to
admit your jurisdiction when you may be ready to exercise it ?
No ; they vvill feel themselves neglected, cast off, left to their own
resources, the victims of diplomatic chicanery or of national pus-
sflanimity, and they will seek their own security in their own pow
er. That great truth, not applicable alone to republican govern
ments, but comraon to all, and which lay at the foundation of our
Revolution — that protection and allegiance are reciprocal — will
Soon be heard upon the banks of the Columbia, and will inspire
the councils ofthe hardy pioneers, who, while they have sought a
new home in a distant country, have carried with them the senti
ments of true liberty to the regions beyond the Rocky mountains.
It is clearly impossible that the present state of things should
continue ; nor, I must confess, do 1 see how it is possible that a
community, inhabiting the same region, and possessing the same
right to every part of it, can hold a divided allegiance, and be gov
erned at the sarae time by two distinct and distant sovereignties.
When the present anomalous provision was raade, the country was
unsettled ; for the few hunters who roamed over it could hardly be
dignified vvith the name of settlers; and it probably never occur
red to the negotiators, nor to their governments, that this arrange
ment would outlive the then existing state of things, and vvould
corae to operate upon a civilized, a stationary, and a rapidly increa
sing community.
Bnt what kind of order can a double-headed government pre
serve 1 How are its departments — legislative, executive, and ju
dicial — to be administered ? How are rights to be enforced, or
wrongs to be prevented or punished ? Two neighbors, living with
in hearing of each other, are responsible to different tribunals, and
governed by different codes of laws. An American kflling an
Englishman raust be tried by an Araerican court and by American
laws. But how are English witnesses to be suraraoned, or Eng
lish disturbers of the proceedings of the court to be reraoved or
punished ? Possessory'rights are to be judged by the courts ofthe
party last getting possession. Contracts are to be enforced by the
courts ofthe party charged with violating thera. And wrongs are
to be redressed, or satisfied, or punished by the courts ofthe party
accused of coraraitting them. A single Araerican in the midst of
an English settlement, or a single Englishman in tbe midst of an
Araerican settlement, bears with him a charmed life. He raay do
what he will, and as he will, but he is beyond the reach of restraint,
and alraost of punishraent. He is invulnerable, and the arrows of
justice cannot pierce even his heel. The nearest raagistrate who
has jurisdiction over hira raay be hundreds of railes removed ; and

LIFE OE GENERAL CASS. 297
were he nearer, his national sympathies raight naturally be excited
in favor of his countryman. There can be no regular grants of
land — none, in fact, of those public iraproveraents essential to the
progress and stability of society. I present merely the raost gen
eral views of this subject, but they are sufficient to show how ira
practicable it would be to atterapt to establish this double juris
diction. It would be easy to pursue the investigation much fur
ther were it necessary.
Who does not see that bitter disputes would soon arise ? That
each party would accuse the other of partiality and injustice?
That violence and bloodshed would follow, and that an intestine
war would establish the ascendency of one or other ofthe rival and
national parties ? All this is so plain that he who runs may read.
And we are warned by the surest instincts of our nature not to
trust our rights and our cause and the cause of huraanity to such
a partition of authority.
If, then, Mr. President, we can neither retrace our steps nor
check them, we must go onward. And England bas placed her
self in the path that is before us ; and if she retain her position,
we raust raeet her. If the last proposition she has submitted is
her ultimatura, it is effectively a declaration of war. Its advent
may be delayed a few raonths ; but as soon as the notice ex
pires, if she persists, as she wfll do, in her occupation of the coun
try, the struggle raust coraraence. It is not the notice which is a
belligerent raeasure, for that is a treaty right ; but it is the subse
quent and immediate course the parties will probably pursue that
must lead to war. I hope — or I ought rather to say I wish — that
England would awake to a sense ofher injustice, and vvould yield
where she could yield honorably, and ought to yield rightfully.
But wfll she do so? It is safest to believe she will not, and this
dictate of prudence is fortified by every page of her history. When
did she voluntarfly surrender a territory she had once acquired, or
abandon a pretension she had once advanced? If a few such ca
ses could be found in the record of her progress and acquisitions,
they would be but exceptions, which would render the general
principle of her conduct only the more obvious. For ray own part,
I see no symptoras of relaxation in the clairas she has put forth.
And the declarations in Parliament of the leaders of the two great
parties that divide her Governraent and her people — Sir Robert
Peel and Lord John Russell — show a union of opinion, and fore
show a union of action, should action be necessary, rarely to be
found in the political questions that agitate her councfls, and are
the index, if not the assurance, of an equal unaniraity in public
sentiment. Sir, we find the leader ofthe great Whig party, in his place in
Parliament, in effect denouncing the course of the United States
in the annexation of Texas, because it tends towards territorial ag
grandizement ; and the eternal cant about British raoderation and
philanthropy, and Araerican injustice and arabition, is heard, and

298 LIFE OF GENERAL CASS.
read, and believed in every corner of the British dorainions. I
must confess, sir, I am heartily tired of it. Were the subject and
its consequences not so important, these declarations would excite
ridiclue, as they now excite regret and surprise. They are not
confined to ordinary political discussions and to the journals ofthe
day, but they come from the highest raen, in the highest places.
And here is an eminent English statesraen asking the Adrainistra
tion what course they intend to pursue in the altered policy ofthe
United States, as he terms it — as though the voluntary union of
two independent people upon this continent were an injury to Eng
land, which demanded her imraediate attention, and might deraand
her armed interposition. And he tells us, he understands that
communications have been sent to the United States, to Mexico,
and to Texas, on the subject of what he calls the new policy ofthe
United States. And we know that those comraunications to Mex
ico and to Texas contained large offers to prevent annexation.
But, thanks to the onward course of our Government, and to the
feelings and deterraination of the Texian people, this interposition
was fruitless ; as vvas the coraraunication to Mexico, if this were
designed to erabroil us with that country. The well-tiraed rebuke,
adrainistered by the President in his Message, to the French Gov
ernraent for its interposition in our affairs with Texas, raight, with
equal justice, have been adrainistered to England; and I presurae
would have been so, had not the President looked upon the course
of the one Power as natural, judging frora past events, whfle the
course of the other was unnatural, irapolite, and unexpected.
But this Whig lecture of Lord John Russell upon the ambition
of the United States, and these perpetual eulogiums upon the rao-
deratiouiof England, are in strange contrast with the practical prin
ciples and the progress of her empire. The moderation of Eng
land, and the ambition of the United States I Why, sir, the world
has never seen, since the fall ofthe Roman empire, such a colos
sal povver as England has buflt up. She has girded the earth with
her fortifications, and covered the ocean vvith her fleets. A com
paratively narrow island, off the western coast of-Europe, she num
bers as her subjects 153,000,000 of people — being more than one-
sixth part of the huraan race ; and has reduced to her subjection
3,800,000 square railes inhabited by thera, being one-eighth part
ofthe habitable globe. And in the long series of her acquisitions,
from the reduction of Ireland downwards, with the exception of
her union with Scotland and some recent discoveries in the South
Sea, I believe all have been gained by the sword. And when has
it happened in her history, that a people, or the smallest fraorment
of a people, has voluntarily sought peace or protection under her
sovereignty ? Her armies and fleets have too often been sent out
wherever there was a people to be subdued, or the fruits of their
industry to be secured. I have no pleasure in dwelling upon this
course of arabition. I have no pleasure in national criraination
and recriraination. I had far rather dwell upon all she has done ;

LIFE OF GENERAL CASS. 299
and she has done much — to coraraand the gratitude of mankind,
and much for the progress of civilization, of improvement, and of
knowledge. But we cannot shut our eyes to the fact that this
country and its institutions enjoy little favor in England. That
there is a systematic attack upon our character, and upon what
we are, and have been, and upon our future, so far as it is given
to foresee and to fear it. I confess all this has produced a last
ing impression upon me ; and I feel little disposed, in any contro
versy with that country, to submit to unjust demands, urged in a
spirit of unfriendliness, if not of menace.
And if England is moderate, we are ambitious ! Why, sir, we
have made but three acquisitions of territory since we have been
a nation. And these were not distant colonies, but coterrainious
regions. And all three have been made peacefully, bloodlessly.
Two were colonies belonging to European monarchies, where the
assent ofthe people to the transfer of their allegiance could not be
asked. But they have since shown their satisfaction by their pa
triotism, and their jirosperity has been the reward of it. Nowhere
is the Union more prized, nor would it anywhere be more zealously
defended. The third and last, and most glorious of these acqui
sitions, is now in the progress of completion, by the voluntary ac
tion of a neighboring people, who knew the value of our institu
tions, and sought to participate in them, and who asked adraission
to our confederacy. And we shall receive them with open arras.
And it is an encouraging spectacle to the lovers of freedora through
the world, and the best tribute that could be offered to its value.
I said, Mr. President, that this was the latest, but I hope it will
not be the last of our acquisitions. Whfle I would sacredly res-.
pect the just rights of other nations, I would cheerfully extend the
jurisdiction of our own, whenever circurastances raay require it,
and wherever it can be done without injustice. I have no fear
that an extension of territory wfll weaken our Governraent, or put
in peril our institutions. We have an adhesive and a life-preser
ving principle, in the exercise of political power by the great body
of the jJeople, which is a surer bond of union and preservation
than fleets and arraies and central powers. If this Adrainistration
could crown its labor of acquisition — and in what it has labored
with not less ability than success — by the peaceful annexation of
California, it would secure iraperishable honor for itself, and would
coraraand the lasting gratitude ofthe whole country.
Under these iraposing circumstances, we may well ask of the
watchman, what of the night ? We may wefl inquire, what we
ought to do. I take it for granted we shall give the notice recom
mended by the President ; for if we do not, we shall leave the peo
ple of Oregon without a governraent, or with an irapracticable one ;
and, in either event, the country is lost to us ; and the notice being
given, in twelve raonths, without an abandonment of a large por
tion ofher claim, we shall find ourselves involved in a war with
England. And it will be no comraon war, Mr. President ; it wfll

300 LIFE OF GENERAL CASS.
be a war not merely of interest, but of strong and stormy passions,
growing out of the relative situation of the two nations, and out
of the very points of resemblance, which will but render the sepa
ration of the parties the wider, and the struggle the longer and the
bitterer. It will do no good to shut our eyes to the prospect be
fore us. Danger can neither be averted nor avoided by indiffer
ence, nor by presumption. Let us look our difficulties and our
duties fully in the face. Let us make preparation adequate tothe
conjuncture. Let us exhibit to England and to Europe the spec
tacle of an undivided people, anxious for peace, but ready for war.
In the language of Mr. Madison, "let us put the United States in
to an armor, and an attitude deraanded by the crisis, and corres
ponding with the national spirit and expectation."
One war has already found us unprepared. And what that con
dition of things cost in blood, and treasure, and disaster, those of
us who went through the struggle can well reraeraber ; and those
who have corae upon the stage of action since that period, raay
learn frora the history of the tiraes. And, perhaps to a certain
extent, this must be so, and always will be so. We are all opposed
to great railitary establishments in time of peace. They are as
dangerous as they are expensive. And they will therefore never
be engrafted into the permanent institutions of the country. But
when war threatens, we should commence our preparations, and
press them with an energy and a promptitude comraensurate vvith
the danger.
The President has discharged his duty ably, patriotically, fear
lessly. Let us now discharge ours — not by words merely, but by
deeds. The best support we can give hira is to respond to his de
clarations by our actions. It is ray firra conviction, and I do not
hesitate thus publicly to avow it, that the best, if not the only hope
that we have of avoiding a war with England, is by exhibiting a
public and united determination to prosecute it, should it come,
with all the energies that God has given us, and by an instant and
serious consideration of the preparations necessary for such offen
sive and defensive raeasures as may be required, and as prompt an
adoption of them as a just regard to circurastances may demand.
Our country is extensive. In many portions of it the population
is sparse. The frontier, both Atlantic and inland, is long and
exposed. Our defensive works are unfinished, and some of them are un
furnished. I do not know, but I fear that many important branches
of supply are inadequate. Our navy, and especially the steam por
tion of it, is not upon a scale comraensurate with our wants, if war
is alraost upon us. That navy fought itself into favor, and its
country into honor, in the seeraingly unequal and almost desperate
struggle into which it so gallantly went in the last war. And ano
ther contest would find it equally true to ils duty, and to the pub
lic expectations. I trust the time wfll never again come, when it
will be a question in a great crisis, whether the navy shall be dis-

LIFE OF GENERAL CASS. 301
mantled and rot in our docks, or whether it shall be sent out to
gather another harvest of glory upon the ocean. It is the materiel
for mflitary and naval operations it is first necessary to procure.
Men we have ready ; and such is the patriotisra inherent in the
American character, that they never will be found wanting in the
hour of difficulty and of danger. Our militia requires a new and
an efficient organization. It is a reproach to us that we have suf
fered this important branch of national defence to becorae so in
efficient. It has alraost disappeared from the public view. Both
the laws upon this subject and the adrainistratian of thera, require
iramediate and severe examination ; for this is one of the great
bulwarks of the country in the hour of danger. It has shown its
patriotism and valor upon many a bloody field, and the future, if it ,
should need its services, wfll witness its devotion to the country,
whenever and wherever and however it raay be tried. Many of
the supplies required for the operations of war, deraand time and
care for their collection and preparation ; and we must remeraber
that we have to do with a people whose arsenals and dock yards
are filled to repletion ; whose supplies are upon a scale equal to
any probable demand upon thera ; whose gigantic railitary and na
val establishraents announce their power and maintain it ; and the
structure of whose Governraent is better fitted than ours for
prompt and vigorous and offensive action.
It is in the spirit of these views that I have submitted the reso
lutions before the Senate, and in whichi ask their concurrence.
A great responsibility is upon us. We shall best discharge it by
firmness, and by a wise forecast, which, whfle it steadily surveys
the danger, makes adequate provision to raeet it. By thus acting,
we shall give a practical approbation of the course of the Presi
dent ; we shall show to our constituents that their interests are
safe in our hands ; we shall speak neither in a deprecating tone,
nor in a tone of defiance, but of firmness, to England ; and we
shall give to the nations of Europe a proof that Republics are as
jealous of their rights and honor, and as deterrained to maintain
thera, as monarchical governraents.
The resolutions were unanimously adopted.

CHAPTER XIII.
The Slavery question — Position of Gen. Cass — The Wilmot Proviso and Mexican
War — Remarks of Gen. Cass in the Senate, February 10th, 1847, on the appro
priation of three millions to bring the war with Mexico to a close — His remarks
on voting against the adoption of the Wilmot Proviso — Gen. Cass' letter to
A. O. P. Nicholson, of Tennessee — His desire for a vigorous prosecution of the
war — Tribute of praise to the Army in Mexico — Origin of the war.
The position of Gen. Cass in regard to the Slavery question,
has been objected to by some of his democratic friends and by his
political opponents, as inconsistent with his relations to the north
ern portion of the Union. His decided opposition to what is so
well known as the " WUmot Proviso," so far as its application was
atterapted in Congress in the creation of territorial governraents,
and in relation to the particular tirae when the atterapt vVas made,
has rendered him the most conspicuous araong statesmen, against
whom the friends and supporters of the proviso have arrayed them
selves. The principle of this celebrated proviso, which has caused
s so great excitement and agitation throughout the United States for
the past five years, was first introduced in the House of Repre
sentatives by a member frora Massachusetts, (Hon. Mr. Winthrop)
and applied to the Oregon bfll. Subsequently, when war existed
between the United States and Mexico, the President, desirous of
terminating speedily and honorably, hostilities between the two na
tions, recommended Congress to authorize the expenditure of a
sum of money necessary to accoraplish that object. The chief
obstacle in the way of an arrangement, was the settlement of a
boundary line between the two Republics ; an adjustraent of which
might probably require some concession on the part of Mexico,
for which an equivalent in money would be acceptable. For the
purpose indicated by the President, a bill was introduced in the
House of Representatives in August, 1846, placing at the dispo
sal of the Executive two millions of dollars. During the discus
sion of this biU, which was just at the close of the session, Mr.

LIFE OF GENERAL CASS. 303
Wflmot, Representative from Pennsylvania, offered the following
as an araendment to the bill :
"Provided, That, as an express and fundamental condition to
the acquisition of any territory from the Republic of Mexico by
the United States, by virtue of any treaty which may be negotia
ted between them, and to the use by the Executive of the moneys
herein appropriated, neither slavery nor involuntary servitude shall
ever exist in any part of said territory, except for crime, whereof
the party shall first be duly convicted."
The bfll passed the House with this amendment on the Sth of
August, 1846, the vote being eighty-seven in the affirmative and
fifty-four in the negative. The bill vvas then sent to the Senate, •
and on Monday, August 10th, was, on motion of Senator Lewis,
of Alabama, taken up for consideration. Mr. Lewis moved to
strike frora the bfll the proviso vvhich had been adopted in the
House. This motion provoked a debate vvhich did not terminate
in time to allow a vote to be taken on the bill, (Hon. Senator Da
vis, of Massachusetts, occupying the remainder of the session in
opposition to the bill and motion of Mr. Lewis,) before the time
of the final adjournment of Congress arrived. As no vote was ta
ken, it is not known what would have been the fate of the bfll in
the Senate, although in secret session before the introduction of
the bfll in the House, thirty-three Senators approved of the appro
priation ; but the proviso vvas not then incorporated in it.
At the subsequent session of Congress, the President renewed
the recommendation of his special message of the previous ses
sion. Action thereon was had in Congress, and when the bill ma
king a special appropriation of three millions to bring the war
with Mexico to a speedy and honorable conclusion, came up for
consideration in the Senate. Gen. Cass supported the appropria
tion, and in the course of his speech reviewed the relations be
tween the two countries, the peculiar character of the war, and
the propriety of legislating in regard to it, as the President recom
mended. The foflowing extracts are taken from a speech of Gen. Cass,
delivered February 10th, 1847 :
" We are at war with Mexico, brought on by her injustice. Be
fore peace is established, we have a right to require a reasonable
indemnity, either pecuniary or territorial, or both, for the injuries
we have sustained. Such a compensation is just in itself, and in

304 LIFE OF GENERAL CASS.
strict accordance with the usages of nations. One raeraorable
proof of this has passed in our own tiraes. When the allies en
tered Paris, after the overthrow of Napoleon, they corapefled the
French Governraent to pay thera an inderanity of fifteen hundred
miflions of francs, equal to three hundred raillions of dollars. In
the condition of Mexico, there is no disposition in this country to
ask of her an unreasonable sacrifice. On the contrary, the wish
is everywhere prevalent, and I ara sure the Government partici
pate in it, that we should deraand less than we are entitled to. No
one proposes a rigid standard, by which the inderanity shall be
measured. But there are certain territorial acquisitions, which
are important to us, and whose cession cannot injure Mexico, as
she never can hold them permanently. We are wflling, after set
tling the inderanity satisfactorfly, to pay for the excess in raoney.
The Senator frora South Carolina has stated the proposition very
distinctly, ' any excess on our part we are wifling to raeet, as we
ought, by the necessary payraent to Mexico.' "
" It is now objected to, as an iraraoral proposition, a kind of
bribery, either of the Government of Mexico, or of its Comraand
ing General ; and the honorable Senator from Maryland, who is
not now in his seat, said emphatically and soleranly, 'that this pro
ject of terminating the war by dismembering a sister republic, is
so revolting to my raoral sense of propriety, honor and justice,
that I should see ray arras palsied by ray side, rather than agree
to it.' The ' disraemberment' of which the honorable member
speaks, is previously defined by himself That is the term he
gives the acquisition, but I call it purchase. He says the money
will go to Santa Anna and pay the army, which vvill thus be secu
red, and the poor 'downtrodden' people be transferred to this
country 'in spite of themselves,' in consequence of this 'pouring
of gifts into the hands of their tyrants.'
" Now, sir, there is no such proposition, <as I understand it, nor
anything like it. The object of the President has been distinctly
stated by himself It is to have the money ready, and if a satis
factory treaty is signed and ratified, then to raake a payraent into
the treasury of Mexico, which wfll be disposed of by the Govern
ment of that country, agreeably to its own laws. The proposi
tions, both at the last session of Congress and at this, were iden
tical. The difference in the phraseology of the appropriation has
been satisfactorfly explained by the chairman of the Coraraittee on
Foreign Relations, and seeras to me of very little consequence.
Be that as it may, it is not a subject which can produce of itself
any practical difficulty. For if there is any meraber of the Sen
ate, who is willing to vote for the appropriation in the forra in
which it was presented last year, and is unwifling to vote for it in
this, the Coraraittee on Foreign Relations will cheerfully assent to
the substitution of the latter for the forraer."
"As to the idea, that such an arrangeraent is something like
bribery, it seems to me it will not bear the slightest investigation.

LIFE OK GENERAL CASS. 305
A Strange kind of bribery this I The appropriation called for was
preceded by a message from the President to the Senate in secret
session. It was then received in both Houses, and the doors
thrown open. It was discussed fully, not to say warraly, and was
finafly lost by the lapse of tirae. In secret session thirty-three
Senators voted for it. It again takes a prorainent place in the
President's raessage at the coraraenceraent of the present session
of Congress. It has been before us between twp and three raonths,
and has been borne upon the wings of the wind to the reraotest
portions of our country. It entered Mexico long ago, and has
been proclaimed upon every house-top in town and country. It is
known to every citizen of that Republic, who knows anything of
political affairs, whether the blood in his veins is Castilian, or
Moorish, or Aztec, It has passed to Europe, and received the
condemnations of many of its journals. Had it been approved
there, I should doubt its policy or its justice. And for aught I
knovv, it is travefling along the canals of the Celestial Empire. I
repeat, a strange kind of bribery this ! That is an offence which
does its work in secret. This is a proposition made by one nation
to another, in the face of the world. It is not to enable Mexico
to carry on the war, as an honorable Senator seeras to suppose, for
it is not to be paid till the war is over."
" The whole proposition results frora the peculiar condition of
Mexico. Her Governraent is epheraeral. Its raerabers are born
in.the morning and die in the evening. Administrations succeed
one another, like the scenes of a theatre, rather than the events of
life, and still less of events in the life of a nation. The rulers do
not dare to do justice in such a case as this. It might cost them
their places, to which they hold on as tenaciously as though their
tenure were a secure one. There is a strong excitement in that
country against us. Nothing shows this more distinctly, than the
scene, which lately passed there, when their President swore that
the nation vvould never yield one inch of its territory, nor make
peace with the invader, till his foot was off its soil. A dangerous
resolution to be thus publicly proclaimed, and one more easily pro'
claimed than kept. The sublime and the ridiculous may so easfly
touch, that nations should be chary of such exhibitions, which
may belong to the domain of one or of the other, as subsequent
circurastances stamp their character. Whatever judgraent, how
ever, history raay pronounce upon this cereraony in Mexico, it is
significant enough of the disposition of the people towards us.
Hence the difficulty of the Governraent is increased, and hence
the necessity of their strengthening theraselves. Their revenues
are drying up. They are always in debt in afl their departraents,
civil and raflitary. By a prorapt payment into their treasury upon
the ratification of a treaty, the Government will be enabled to sat
isfy the most pressing demands, and thus to do an act of justice at'
home which will counteract any ill effects of an act of justice
abroad. And this is the very point of the whole matter. We may
20

90g LIFE OF GENERAL CASS.
thus tempt them to do right, while so many other strong circum
stances terapt them to do wrong. As to the application of this
money, after it reaches the treasury of Mexico, it is no question
of ours, any more than was the application of the consideration
money paid to France and Spain for the purchase of Louisiana
and of Florida. We cannot follow it, and it raust take its fate
with the other resources of the country. It has one advantage,
however, and that is its publicity. If the sflver or gold were car
ried by wagons to the palace of the Government, the transaction
eould have no more publicity than it has now. And this throws
upon the authorities a rauch graver responsibility, than do the or
dinary payraents, and one less likely to be abused. If all this is
bribery, I ara fully prepared to take ray share in the guilt of it.
If it is bribery, let the honest governments of Europe make the
most of it."
" Passing now, sir, from the consideration of this subject to the
course before us, I vvould observe, that there are but three plans
of operation, by which we can escape from the difficulties of our
position. " The first is, an abandonraent of the vvar, and an inglorious
return to our own country.
" The second is, the establishraent of a line over such a portion
©f the eneray's territory, as we think proper, and holding the coun
try on this side of it without any further railitary operations.
" The third is, a vigorous prosecution of the war, agreeably to
the public expectation, and the experience of the world.
" As to the first, sir, I do not place it in the category of things
possible, but only in the category of things proposed, and I cast it
from rae with conterapt.
" The second, sir, is a very different proposition ; supported by
high naraes, civfl and mflitary, and was yesterday presented to us
with great powCr of argument and beauty of fllustration by the
distinguished Senator from South Carolina. I shall state as suc
cinctly as I can the reasons which induce me to consider this as
an inexpedient, not to say an impossible, proposition.
" A plan of operations, seeking to hold a portion of a country,
properly guarded by fortresses, and furnished with the necessary
lines of coraraunication, and seeking to do this, without publicly
announcing the nature of the plan, and the deterraination to ad
here to it, is one thing. An atterapt to occupy another portion of
country, open, unfortified, with no natural boundaries, and pene
trable in afl directions, and publicly proclairaing this system as an
invariable one, not to be departed from, is another, and quite a
different thing. From the Gulf of Mexico, foflowing the bound
aries of the provinces now in our possession, to the Pacific ocean,
is but little short of two thousand mfles. Far the greater portion
>of it is open, and rauch of it unoccupied. Instead of any lines of
coramunication, natural or artificial, where it must necessarily be
crossed, it may be crossed anywhere. It is a mere paper line — a

LIFE OF GENERAL CASS. 307
descriptive one. For hundreds of miles on each side of a great
part of the line, the country is the sarae ; roaraed over rather than
possessed by nomadic tribes, and affording subsistence and shelter
to the beasts of the earth. If you assurae such a boundary, you
necessarfly place yourself upon the defensive. You raust estab
lish troops along it, and these must be scattered, occupying differ
ent positions. Your enemy thus. acts in masses, while you act in
detachments. If he attack you, and succeed, you are destroyed.
If he attack you, and is discomfited, he falls back, behind his im
penetrable barrier. A snake, clutched by an eagle, is one of the
emblems of the armorial bearings of Mexico. If this plan of
fighting to an air line is adopted, the proud bird will soon be pow
erless, and the reptile wfll coil itself up to strike at its leisure and
its pleasure. In such a state of offensive-defensive warfare, the
eneray chooses his tirae, when you least expect hira, or are least
able to resist hira. He gains your rear, and cuts off your convoys
and supplies, and thus reduces you to weakness and distress. Or
he strikes you in a period of sickness, in a cliraate to which you
are unaccustoraed, and whose alternations do not affect hira. You
cannot pursue hira into his country, for the raoraent you do that,
you confess the folly of your plan, and abandon it for ever. If
you cross your boundary, you must cross it to hold on, and then
you have a new boundary, or, in other words, ,a system of unlimit
ed operations. If you do not cross to hold on, what will you do?
Your very object in crossing is to chastise the eneray ; and you
must pursue hira to hig fortresses and capture them, if he has any;
or you must fight him in the open field and disperse him. I re
peat, if you do not do this, you raay as well stop at your boundary;
look civflly at the retiring enemy, take off your hats, and say:
Good bye, gentlemen ; we will wait till you corae back again. The
riches of Croesus would melt away, before such a system of fight
ing-no-fighting. The laurels of Napoleon would wither and die.
No exchequer could bear the expense. No public sentiment the
dishonor. There is but one such campaign, sir, recorded in all
history; ancient or modern, sacred or profane, true or fabulous,
and that is the carapaign of Sisyphus^ It was an eternal one.
Sanction the plan proposed, and yours wfll be eternal too. This
stone will never be rolled to the top of the raountain. It would
be a never-ending, ever-renewing war. The distinguished Sena
tor from South Carolina thinks, that four regiments and three for
tresses along this line, and one regiment and a few small vessels
for California, ' would be ample for its defence.' The line, as de
scribed by himself, is this : ' Beginning at the mouth of the Rio
del Norte, and continuing up the Paso del Norte, or southern boun
dary of New Mexico, which nearly coincide, and then due west
to the Gulf of California, striking it, according to the maps before
us, nearly at its head.'
Here, sir, is aline across the continent from the Gulf of Mexico
to the Gulf of California ; and this line is to be so protected by

308 LIFE OF GENERAL CASS.
five regiraents, three fortresses, and a few smafl vessels, as to be
impervious to the rancheros and other light troops of Mexico — the
best and raost indefatigable horseraen, perhaps, in the world. I
have enumerated, in these means of defense, a few small vessels,
'¦ because they form part of the project of the honorable Senator.
'How they are to be eraployed in defending any part of the line, as
\ do not understand, I will not atterapt to explain.* If the soldiers
were stationed equidistant upon this boundary, they would proba
bly be a rafle apart. It seeras to me, sir — and I say it with all re
spect — that we might as well attempt to blockade the coast of Eu
rope by stationing a ship in the middle of the Atlantic. As to the
Rio Grande, it is no defensive line at all. Rivers, when best
guarded, are found to afford very insufficient protection. But in
the great country south and west of us, yet in a state of nature,
or slowly emerging from it, streams are entitled to very little con
sideration in defensive operations. Who is there, that has passed
his life in the West, and has not crossed thera a hundred tiraes by
swiraraing, in canoes, upon logs, upon rafts, and upon horses ? Is
it to be supposed, that an active Mexican, accustoraed to the woods
from his infancy, would hesitate to dash into a streara, and cross
it, almost as readfly as if it were unbroken ground ?
But long defensive lines, even when skilfully constructed and
carefully guarded, are but feeble barriers against courage and en
terprise. How long did the Roman wall keep the North Britons
out of England ? How long did the Grecian wall of the Lower
Empire keep the Turks out of Constantinopje, and the horse-tails
of their Pashas frora the cathedral of Saint Sophia ? And the
Chinese wafl — an iraraense labor of raan — that, too opened to the
Tartars, and enabled the chief of roving bands to ascend the old
est throne in the world. The best wall a country can have, is the
breasts of its citizen^, free, prosperous, and united.
But, sir, there is another consideration, not to be overlooked.
How could you keep your own citizens on this side of your iraagi-
nary line? The honorable Senator tells us, their spirit of adven
ture can hardly be restrained in tirae of peace, and that there is
always danger, they wfll push into the Mexican provinces. But in
time of war — even of a new kind of war like this — they would
feel, that the enemy's country was open to them, and their incur
sions would keep up a continued state of hostflities.'
The Senator says, that offensive wars look to the subjugation of
a country. I do not thus read the history of the world, nor the
history of nations. I consider offensive wars, as necessary means
for the attainraent of certain just objects. Our war wifh England
in 1812, was an offensive one ; but no Araerican, even in his wild-
*It is due to the distinguished Senator from South Carolina to state that, when
jVIr. Cass had concluded his remarks, he observed that he had misunderstood
&im, as to the defence of the line; that the fortresses and the four regimente
would be appropriated but to a part of it. If so, a large portion of the country
would be left undefended, and the whole plan of operation would fail. Such a
plan to be eSectual, must guard the whole line.

LIPE OP GENERAL CASS. ' 309
est dreams, ever expected to subjugate that country. Our object
was to corapel her to do us justice, by injuring her wherever we
could. History is filled with instances of offensive wars, under
taken with no expectation of subjugation. Indeed, were it other
wise, there would be few offensive wars, unless those undertaken
by very large states against very small ones. If it were so, per
haps the world would be better off. That question, however, is
not before me, and I shall not travel out of my way to raeet it.
The Senator says we have gained six hundred thousand square
mfles, and who would continue the war to secure the acknowledg
ment of Mexico ? But, sir, it is that very acknowledgment, which
is to give us the country. Until the right, which cession gives, is
added to the right derived frora conquest, we can raake no acqui
sition of territory. We are still at vvar. It is that very act of ac
knowledgraenf, which constitutes peace, and without which there
can be no peace. ****«¦
"The Senator also has subraitted many sound observations re
specting the diversity of character, of races, and of institutions,
which exist between us and Mexico, and he deprecates, with equal
zeal and justice, the union ofthe Mexican people and ours. I
fufly agree, sir, in all that. It would be a deplorable amalgama
tion. No such evil will happen to us in our day. We do not want
the peeple of Mexico, either as citizens or subjects. All we want
is a portion of territory, which they nominally hold, generally un
inhabited, or, where inhabited at all, sparsely so, and with a popu
lation, which would soon recede, or identify itself with ours. The
Senator says, speaking of Mexico, "what are you to do with the
territory ?" I answer, nothing at all, as a perraanent acquisition.
"Wfll you," says the Senator, "incorporate it in your Union?"
Certainly not. We shall hold it as a raeans of procuring an hono
rable peace. And such a peace it may be made to procure for us.
"The eyes of Europe are upon us. Nothing worse can happen
to us, than to stop ingloriously. That is our last resource. We
have, then, but to prosecute this war, as other wars are prosecu
ted by other nations. We have but to discard dangerous experi
ments, and to hold on to the experience of the world. We must
breast ourselves to the shock. We raust continue our occupation
of Mexico, and push the invasion still farther. We must do as
other people have done — we raust attack and disperse her armies,
take possession of her towns, and capture her fortresses. There
seems to be some analogy between the cities of Paris and Mexico.
Both are the native seats of revolutions. Both exert a preponde
rating influence over their respective countries. I have no right
to give an authoritative opinion, respecting the expediency of a
demonstration upon the capital. Still, I do not hesitate to say,
that I think it would be a wise and probably decisive measure. It
would disperse the Government, and weaken, if not break, its hold
upon public opinion. It would divert the revenues from thipi to
us. And, in addition to this resource, I agree fufly with the hon-

310 LIFE OF GENERAL CASS.
orable Senator frora Missouri in opinion, that we should cafl con
tributions to our aid, in defraying our mflitary expenses. It is a
legitiraate raeans of support for hostile arraies. It belongs to the
present age, and not exclusively to the past. During all the wars
in Europe in our tirae, almost the first thihg the commander of a
foreign array does, on entering an enemy's town, is to convene
the magistrates, and make requisitions upon them for bread, meat,
wine, lorage, and such other supplies as are wanted. And this,
too, under threat of military execution. And the process has
been found effectual, and the practice universal.
But it is said, Mr. President, that the Mexicans wfll fight till the
last extremity. It raay be so. There are raany desperate deeds
recorded in history, and obstinacy is a prorainent trait in the
Spanish character, and belongs to afl the affiliated people of that
stock. But raen do not fight for the mere purpose of being kifled.
We do not enter Mexico to conquer her — only to conquer a peace.
We do not assail her independence. We do not seek her perma
nent subjugation. We only ask her to dous justice. It seems to
me, then, that this is not one of those cases, soraetiraes prorainent
in the history of nations, where the public energy is aroused to a
fit of desperation, and by which means victories are achieved
against all previous calculations. Without governraent, without
trade, without resources, sowing, but not to reap, or reaping but
not to enjoy, and with all the evfls of hostile occupation, I cannot
but think, that the Mexican people raay be conquered — to justice.
*******
During a considerable portion of last session of Congress, we
were occupied in the consideration of tbe thesis, that nations can
not go to vvar in this enlightened age of the world. How we
should have decided that difficult question, had a decision becorae
necessary, I do not venture to assert. Our deliberations were sud
denly interrupted by the sound of hostfle cannon frora India, from
Australia, frora the Cape of Good Hope, frora Algiers, frora the
Caucasus, and from the La Plata, and still nearer and louderfrom
our ovvn frontier, which announced, that old fashioned war, with
afl its evfls, still found abiding places upon the earth, and that we
were yet far from the age of universal peace and benevolence.
The disinterested English journals read us raany a homfly upon
our pugnacious propensities ; and some of the continental papers
of Europe, expressed their holy horror at the assurance of that
great, unbridled, trans-Atlantic democracy, in thinking it had
honor and interests to assert, and courage to defend them. * *
But, sir, passing frora the external view of our difficulties with
Mexico, we have still an internal one to take, which involves rauch
higher considerations. The causes of the war are a grave subject
of discussion. Public opinion is investigating and pronouncing
its judgment upon them. For myself, I have no fear of the re
sult. The raore the question is examined, the more manifest wifl
be qur wrongs, and the clearer our forbearance. In the Presi
dent's last annual raessage, an interesting synopsis was given of

LIFE OF GENERAL CASS. 311
the conduct of Mexico towards this country. No raore conclusive
review of national injuries has ever appealed tothe public opinion
of this country, or of the world. It recapitulates, calraly, and
with truth and force, the stfll accuraulating wrongs, we had suffer
ed, and the final act, 'which crowned them — the invasion of our
country and the attack upon the army ; an attack, vvhich the Mex
ican authorities declared they vvould make, as far east as the Sa
bine river.
I shall not, Mr. President, go over the whole ground of our diffi
culties with Mexico. I regret, that it becomes necessary to inves
tigate their history in this place. I regret, that unanimity does
not prevail upon this subject, when unanimity is so essential to
prompt and vigorous action. Whfle I regret it, however, I im
pugn the raotives of no one. Thank God, we are as free to inves
tigate the conduct of the Governraent, as we are to breathe the
air of heaven. But whfle I concede to others the sarae right I
claira for rayself — the right to examine freely, and to judge openly,
the conduct of the Goveraraent in its intercourse with other na
tions — I raay be allowed to express the regret, and together with
the regret, the surprise, that throughout the country one undivided
sentiment had not prevailed — that the conduct of Mexico left us
no choice between vvar and dishonor.
We were the first to receive that republic into the family of na
tions. Our complaints against her coramenced almost with the
coramencement of her independence. They go back to the year
1817, and come down to the present day, in one almost uninter
rupted series of outrages. I shall not state them seriatim, nor
enter into the detafl of their nature and extent. This has been
repeatedly done, and the official documents are before the country.
I vvill merely classify from an able report, raade by Mr. Forsyth in
1837, the various heads of complaints, vvhich wfll present the gene
ral aspect of the subject :
1. Treasure belonging to citizens of the United States has beea
seized by Mexican officers in its transit from the capital to the coast.
2. Vessels ofthe United States have been captured, detained,
and condemned, upon the most frivolous pretexts.
3. Duties have been exacted from others notoriously against
law, or without law.
4. Other vessels have been eraployed, and, in sorae instances
ruined in tbe Mexican service, vvithout compensation to the owners.
5. Citizens of the United States have been imprisoned for long
•periods of time, without being informed of the offences with which
they were charged.
6. Other citizens have been raurdered and robbed by Mexican
officers on the high seas, vvithout any attempt to bring the guilty
to justice.
In presenting to Congress these causes of coraplaint against
Mexico in 1837, General Jackson stated that they "would justify,
in the eyes of all nations, iramediate war." This sentiraent was

312 LIFE OF GENERAL CASS.
responded to by the Committee on Foreign Relations, both in the
Senate and in the House of Representatives ; tbe former of whom
looked to a presentation of the subject at the next session of Con
gress, and could not doubt, but that such raeasures would be ira
raediately adopted, as might be necessary to vindicate the honor of
the country, and insure araple reparation to our injured citizens.
And the latter said fhey "fully concur with the President, that am
ple cause exists for taking redress into our own hands, and believe,
that we shall be justified in the opinion of other nations for taking
such a step." President Van Buren, in December, 1837, in his
message to Congress, said that "though our causes of complaint,
and sorae of the raost offensive character, adraitted of an iraraedi-
ate and satisfactory reply, yet it vvas only within a few days that
any answer had been received, and that no satisfaction had been
given or offered for one of our public complaints, and that only
one case of personal wrong had been favorably considered, and
that but four cases out of all, had been decided by the Mexican
Governraent." President Van Buren distinctly told Congress, that
redress was beyond the reach ofthe Executive, and could only be
obtained by the action of Congress, vvhich action must, of course,
have been vvar.
As to the conventions, which have since been made by the two
countries, and violated by Mexico, I need not enter into their his
tory : they are Iresh in the recollection of all. These three con
ventions, by the infidelity of the Mexican Government, have pro
ved nearly fruitless ; and after thirty years of injury on the one
side, and of remonstrance on the other, there is nothing left for us,
but to abandon all hope of redress, or to obtain it by a vigorous
prosecution of the vvar. Is there another government on the face
of the earth vvhich vvould have been thus patient, not to say hum
ble, during the long progress of such aggressions ? And it is now
too late to tell us, tbat we have hastily and unnecessarily com
menced war, when tbe war vvas coramenced by the eneray, and
when, if we had struck the first stroke, we should have been jus
tified in the eyes ofthe world, and of posterity. But it raay be
said, and it has been said, that although sufficient causes of war
existed on our part, stfll it was not these causes, which provoked
iramediate hostilities. This view, if true, has relation to the expe
diency, and not to the justice of the vvar. But what are the gene
ral facts, iJpon which a just conclusion can be forraed ? After
the convention of Texas had decided, that that republic would an
nex herself to the United States, agreeably to the terras held out
in the act of Congress, but before its consuraraation by a vote of
the Texan people, we were under a strong raoral obligation to pro
tect her frora any foreign invasion, and raore particularly frora any
invasion, to which she raight be exposed by the raanifestations of
her intentions to attach herself to the United States. I shall not
argue this point. No illustration can raake it stronger. As soon
therefore, as the incipient steps had been taken, our troops entered

LIFE OF GENERAL CASS. 313
Texas, by the invitation of the proper authorities, and on the I5th
day of August, 1845, they had taken a position at Corpus Christi,
west of the Nueces, and remained there tfll the 17th of March,
1846, whem they marched for the Rio Grande. So much for our
raflitary movements. ,
Two causes are alleged, as giving Mexico just cause of war
against the United States. The first, which is the annexation of
Texas, is jointly urged both in Mexico and in this country. The
second, which I believe finds its advocates only in the United
States, is that our array occupied the country between the Nueces
and the Rio Grande.
As to the first, it has passed the ordeal of public opinion, and
received its final judgraent. I do not flatter rayself, that I could
present any new views of a subject, sq long and so publicly dis
cussed. But, as it stands in ray way, and I cannot avoid it, I shall
venture to submit a few reflections, which have occurred to me.
The right of a country to reduce to obedience a portion of its
territory, asserting independence by arms, is not denied. The re
cognized principles of the law of nations require other powers to
afford no aid to either party, during the actual progress of the con
troversy. They raay acknowledge, however, and in fact, they often
do acknowledge, the independence of the insurrectionary province,
without giving to the Governraent, clairaing its aflegiance, any just
cause of offence. They did so to Mexico during the progress of
her revolutionary war with Spain, and they did so to Texas, whfle
a siraflar relation existed between her and Mexico. But there is
a lirait to this right. Such a war cannot last forever, and two na
tions, cannot forever be kept in this peculiar attitude, involving deli
cate questions, that raay at any tirae disturb the peace of the world.
When Greece declared her independence of 'Turkey, the Porte
waged a war of raany years to reduce her to subjection. The
principal powers of Europe, believing that a reasonable opportu
nity had been afforded to the Turkish Government to re-establish
its supremacy, and in which effort it had failed, determined, that
an end should be put to the operations. They therefore interfered,
and announced to the Sultan, that the tirae had come when Greece
must be independent. And this declaration vvas maintained by
force, and at Navarino, to use a villified, but very proper express
ion, they conquered a peace. This is perhaps a strong case, for
this interference took aplace flagrante bello, while a Turkish army
was yet engaged in operations to put down the spirit of freedom
in Greece. As a general principle,. it raay be assumed, that while
both parties are waging open war, to assert their superiority, other
nations should look on and peacefully bide the issue. But when
the contest is actually abandoned, and the invading party with
draws from the disputed territory, and relinquishes all mflitary op
erations, the struggle is over. Independence is established, and
whatever may be the nominal relations of the two countries, they
are henceforth in the same attitude — equal powers among the na-

314 LIFE OF GENERAL CASS.
tions of the earth. The war is in effect over, and its rights should
pass away with itself This is the true view of the subject ; and
applying these principles to the then existing relations, between
Mexico and Texas, we shall find that the latter power was as free
frora Mexico, as we are from England. BJo effort had been made
by the Mexican Government for ten years to reduce her revolted
province to subjection. Not a hostfle foot had trodden the Texan
sofl. A chief magistrate, and at the same time, coraraander-in-
chief, captured ; an army destroyed ; and all invaders repefled,
vvere the fruits of her last exertion. They crowned at once her
patriotisra, and sealed her fate. She was thenceforth independent.
And no more decisive evidence of this result can be furnished,
than the very conduct of Mexico herself What did she do, proba
bly under other promptings, when it was ascertained, that Texas
desired admission into our Confederacy ? She offered to acknowl
edge her independence, if she would pledge herself not to join the
American Union. A jealous and an unworthy proposal, which
the one had no right to make, and which the other indignantly re
jected. A proposal, which vvas, in fact, the very recognition of
fered. It acknowledged the strength of Texas, and the weakness
of Mexico, and that further efforts at subjugation were hopeless.
For myself, I have always considered that act of the Alexican Go
vernraent, as an abandonraent of the controversy, and an adrais
sion, that Texas was independent of her, and beyond her povver. ,
But as reasonable men, looking at things as they are, what in
jury have we inflicted upon Mexico, under any just view, ihat can
be taken of her relations with Texas ? What has she lost by our
interference ? Her own claira may be suraraed up in this, that
she had a contingent right to reduce Texas to submission. And
what vvas that right worth ? Where is the man in Texas, in Mex
ico, even in Christendora, who believes there was a bare possibili
ty, that the Texan people could ever be replaced in tbeir priraitive
condition by the power of the Mexican Governraent? The thing
was impossible. Its time had gone by. Events had rolled over
and. crushed all hopes of recovery. Of what, then, does Mexico
complain ? Certainly of no pecuniary injury, for none has been
inflicted. If annexation has had any effect, in this point of view
that effect has been beneficial ; for it has saved to the Mexican
people an immense and useless e.xpenditure of blood and treasure.
Is there any point of honor involved ? I can discern none. For
the principal fact that Mexico was powerless, was felt and acknowl
edged by all the world. I knovv what may be said upon this sub
ject, sir. Rights raay be pushed to their extreraes ; principles to
their utraost bearing. And as Mexico had an absolute right, we
should have left it to her. I do not deal with such questions, nor
with their consequences. I take the public affairs of this world,
as they are, judging thera by the rules of coraraon sense, and pro
nouncing thera just or unjust, as they corae up to, or recede frora,
that universal standard.

LIFE OF GENERAL CASS. 315
But, sir, there is one consideration, which renders it proper we
should still keep in view the previous wrongs, vvhich Mexico had
inflicted upon us. Her conduct, in the long progress of these out
rages, had established her character. Redress was impossible.
Thirty years were, with her, as one day, and one day as thirty
years ; for, at the end of that period, we were about where we be
gan, so far as respects satisfaction, while our causes of complaint
had gone on accuraulating, alraost in an inverse proportion, to the
lapse of time. We had found, by experience, there could be no
amicable and satisfactory adjustment of our difficiilties with Mex
ico. We had learned — and learned to our sorrow — that what we
got we had to take with the strong hand. What greater probabi
lity was there, that we should adjust the question of unsettled boun
daries, after her hostfle and peremtory declaration, than that we
should adjust our causes of complaint, many of which she admit
ted, and scarcely any of which she denied ? We claim Texas to
the Rio Grande I will not stop to exaraine the grounds of that
claira. This has been explained and defended by others, more
corapetent to the task than I ara. In this Senate the strongest po
sition I have heard taken in opposition to the extent of this claira,
is, that rauch raay be said on both sides. Well, then, we had a
reasonable claim. I say, an undoubted one, and we took the as
sertion ofit into our own hands. And, the jeremaiads ofthe Lon
don journals to the contrary notwithstanding, I do not believe there
is a governraent in Christendora, ifit felt itself able, which, under
simflar circumstances, vvould not have done as we did. The past
had marked out the future. The indication was vinerring. And
we judged for ourselves, and acted for ourselves, as we had aright
to do, after Mexico, for the third part of a century, had shown a
dogged determination to refuse us justice.
B'at, sir, had we taken the initiative, and comraenced vvar im
mediately, we should have been justified frora other considerations.
When the act for annexation passed, the Mexican Minister in this
country imraediately protested against that measure ; and, in fact,
declared it to be just cause of war. And this view was raore au
thoritatively announced by the supreme Government of Mexico,
March 12, 1846, which declared, in a note to Mr. Slidell, that it
looked " upon annexation as a casus belli ; and as a consequence
of this declaration, negotiation was by its very nature at an end,
and war was the only recourse ofthe Mexican Government." But
before this last and decisive act, the Government of Mexico had
given many indications of its deterraination to resist, by force, the
annexation of Texas ; and particularly those announced in the cora
raunications frora our Consul, and frora our Minister in Mexico,
and in the letter of the Mexican Minister of Foreign Affairs, of
Deceraber 20, 1845. In this last document, that functionary says
that " the questions which have disturbed the harmony between
the two countries, will bring on a war between thera, unless such
settlement be effected in a satisfactory raanner," &c. What set-

316 LIFE OF GENERAL CASS.
tleraent the Mexican Government deraanded, and for want of which
it is said a casus belli had occurred, vvas a change in our relations
with Texas ; leaving to Mexico the assertion of her assumed rights
over it. In short, sir, frora the first raoraent it appeared probable,
that Texas would be adraitted into our Confederacy, to our latest
diploraatic coraraunication vvith her Governraent, Mexico has told
us and the world, that annexation would be, and is vvar ; and she
went on preparing to add deeds to declarations, by the concentra
tion ofher forces, so as to be ready to take the" initiative" in hos
tilities against us, to borrow the expression of General Paredes in
his orders to the Mexican commanding general. I need not reca
pitulate the series of facts, which announced and confirraed her
purposes. They have passed into history, and are known to us
all. The Texas of Mexico, was Texas to the Sabine, vvith no in
termediate boundary, to which we might go with impunity, and
raake the country our own. That river was a Rubicon, and it be
carae us to pause and ponder on its banks, before we crossed its
streara, and carried our standard to the country beyond. In all
the comraunications of the Mexican Governraent, no distinction
is raade between the Nueces and the Rio Grande. And the oc
cupation, by our forces, ofthe country between these rivers, which
took place in August, 1845, was never presented as an exclusive
cause of coraplaint, nor indeed, noticed in ahy raanner whatever.
It was the annexation and occupation of Texas, and not of any
particular portion of Texas, which led to the reclaraations, and fi
nafly to the hostilities of Mexico. It was a question of title, and
not of boundary. A claira of right, which went for the whole, and
would never be satisfied with the relinquishment of a part. And,
sir, the warning and threatenings of Mexico were no vain boast
ings. She said what she would do, and she did as she said. At
the comraencement of April, 1846, and before it could have been
known in Mexico, that General Taylor had advanced to the Rio
Grande, the President of that republic directed its general upon
the frontier to " attack" our army " by every raeans, which war
perraits." It was not till after this, and in fact till after our occu
pation of the country west of the Nueces, for upwards of eight
months, without a single allusion to that river, that it first makes
its appearance in a Mexican coramunication. And it is then found
in a letter frora Arapudia to General Taylor, who is required to
break up his carap within twenty-four hours, and to withdraw to
the eastern side of the Nueces. Such a deraand, under such cir
curastances, adraitted but one answer, and it got it, and that an
swer was No. And General Taylor was as speedy as he was brief;
for the sarae day gave birth to the deraand, and to the refusal. It
surely cannot be necessary to enter into the decisive considera
tions, going to show that such a retrograde raoveraent was then
impossible. We had taken up a position peaceably within our own
territory, as we claimed it, and with no intiraation from our oppo
nent, that that position was any more an infraction of his rights.

LIFE OF GENERAL CASS. ' 317
than would have been the occupation of the western bank of the
Sabine. I repeat, that during eight months, we had been west of
the Nueces, without one word of coraplaint for having passed that

river.

**********

But, sir, passing frora the causes to the conduct of the wal-,
another broad field of controversy has been opened to us. We
are attacked along our whole line. The reasons, the raeasures,
the motives, the objects of the Administration are equally called
into question. I do not flatter myself, that any views I can pre
sent, will influence the final judgraent, which the Senate and the
country must pronounce on this great controversy; still, I have
formed an opinion for myself, and desire briefly to state the con
siderations, on which, it is founded.
In order justly to appreciate the probable results of this war, it
is necessary to look back upon the condition of the country, at its
commencement. What was that comraenceraent ? A sudden at
tack precipitated a Mexican army upon a detachment of American
troops. Twice were the assaflants repulsed, and twice was the
honor of our arms raaintained, and two brilliant victories were
gained under circurastances, which no Araerican can recall, with
out eraotions of pride and patriotisra. We had made but inade
quate preparations for such an aggression. Its scene was almost
two thousand rafles frora the seat of governraent. Our whole ar
my, of which only a portion was on tbat frontier, did not ejfceed
seven thousand men scattered along the coast and interior bounda
ry of this vast republic. And what spectacle was exhibited when
the news of this aggression broke upon the public ear ? The ci
tizens of Greece and Rome, in the brightest days of those repub
lics, never brought to the altar of their country a prouder sacri
fice. There was one universal burst of patriotic devotion. More
than three hundred thousand men enrofled theraselves, and asked
to be perraitted to march to the battle-field, and, if necessary, to
die for their country. I have seen the conscription in Europe, by
which armies are kept up, and freedora is kept down ; and I have
attended the drawing, to ascertain the circurastances accompany
ing it. And a raelancholy exhibition it is of power on one side,
of repugnance on the other. The young raen are coflected at the
place assigned for this lottery of life. Their nurabers are drawn
in succession,, and they await the result with alraost fearful anxiety ;
as a great calamity is always awaited by those on whom it raay fall
and who are yet ignorant where it will strike, and where it will
spare. And the exultation of those, who escape, and the depres
sion of those, who do not, are strikingly displayed, not only by the
parties theraselves, but by their iraraediate connexions, vvho ac-
corapany them, and await the result with an apprehension, scarce
ly inferior to their own.
But here, sir, there was none of the machinery, by which un-
wUling citizens are made conscripts and conscripts are made un
willing soldiers. As I remarked on a former occasion, at the first

318 LIFE OP GENERAL CASS.
tap of the drum, at the first sound of the bugle, the country rose
in arms — the artisan left his tools where he had used them — the
farmer his plough in the furrow — the eraployraents of life were
abandoned — and a spectacle passed before our eyes, unseen in
modern tiraes. It has been coraputed, that almost half a million
of men appealed to f;heir Government for the privflege of participa-
tinor in the vindication of its honor, and in the defence of their
country." The policy of Gen. Cass was, to carry on the war vigorously,
and so ensure a successful and speedy termination of it. This
course he regarded as most beneficial to both countries. The
more the vvar was prolonged, the greater probabflity would there
be of swallowing up the nationality of Mexico.
On a subsequent day, in tne same session of Congress, while
the bfll was yet under consideration with the proposition to incor
porate in it the "Wflmot Proviso," Gen. Cass addressed the Sen
ate raore particularly in reference to the impropriety of adopting
the proviso, and the influence its passage would have upop other
necessary and important measures then before Congress.
From the feelings manifested by a large number of the mem
bers, both of the House of Representatives and the Senate, Gen.
Cass arrived at the conclusion, that the adoption of the proviso
would be detrimental to the honorable prosecution of the war. In
deed, it appears from the expression of opinion by the leading
members of both Houses, that the whole question of the prosecu
tion of the war depended upon the decision in regard to the pro
viso. The choice presented was, the proviso or the war. If the
former should be adopted, there would be an inglorious termina
tion of the war. The honor of the United States vvas at stake.
Gen. Cass felt the responsibflity of his position. He judged that
the people would hold to strict accountabiltiy the public servants
who, at a crisis so eventful, should sacrifice their country's honor
and interest for the establishment of a principle inopportune and
inapplicable to the great subject under consideration. He had
studied public opinion, and satisfied himself that it indicated the
conviction existing in the minds of the people, that then was not
the time for the agitation of a question involving the contingency
of a domestic dispute ; a question sufficiently important of itself,
under any circumstances, to receive the most mature deliberation

LIFB OF GENERAL CASS. 319
of Congress. Six out of eight state legislatures, which had pre
sented their views to Congress on the subject of the acquisition of
Mexican territory and the extension of slavery, had refrained from
urging upon Congress the adoption of the proviso. In a speech
of masterly argument, Gen. Cass laid before the Senate his views
on this question, March 10th, 1847, which he closed with the fol-
owing declaration of what would be his action upon it :
" I shall vote against this proviso, because —
" 1st. The present is no proper tirae for the introduction into
the country, and into Congress, of an exciting topic, tending to
divide us, when our united exertions are necessary to prosecute
the existing vvar.
"2d. It wfll be quite in season to provide for the government
of territory, not yet acquired from foreign countries, after we shall
have obtained it.
" 3d. The proviso can only apply to British and Mexican terri
tories, as there are no others CQj;erminous to us. Its phraseology
would reach either, though its application is pointed to Mexico.
It seems to me, that to express so rauch confidence in the success
ful result of this war, as to legislate at this tirae, if not over this
anticipated acquisition, at least for it, and to lay down a partial
basis for its government, would do us no good in the eyes of the
world, and would irritate, still more, the Mexican people.
" 4th. Legislation now would be wholly inoperative, because no
territory, hereafter to be acquined, can be governed without an act
- of Congress, providing for its governraent. And such an act, on
its passage, would open the whole subject, and would leave the
Congress cafled upon to pass it, free to exercise its own discretion,
entirely uncontrolled by any declaration found on the statute book.
"5th. There is great reason to think, that the adoption of this
proviso would, in all probabflity,- bring the war to an untiraely is
sue, by the effect it would have on- future operations.
" 6th. Its passage would certainly prevent the acquisition of one
foot of territory ; thus defeating a measure called for by a vast ma
jority of the Araerican people, and defeating it, too, by the very
act purporting to establish a partial basis for its governraent."
The Wflraot Proviso having becorae a subject of serious import,
and its principle regarded as dangerous to the iraraediate interests
of a portion of the people of the United States, and the proposed
application of it subversive of their rights as citizens of the con
federacy, an expression of opinion from the erainent raen of the
Republic was solicited. At the request of a nuraber of leading
members of Congress, Gen. Cass consented to the publication of
a letter written by him to Hon. A. O. P. Nicholson, a distinguish-

320 LIFE OF GENERAL CASS.
ed citizen of Tennessee, setting forth his views on the subjeot of
the proviso. This celebrated letter, so often referred to and raade
the subject of coraraent, from the day of its publication to the pre
sent time, is an iraportant docuraent to all who wish to understand
the views of its distinguished author, as expressed by himself, on
the great question which it discusses, and is here given entire :
Letter from Hon. Lewis Cass on the War and the Wilmot Proviso.
Washington, Deceraber 24, 1847.
Dear Sir : I have received your letter, and shafl answer it as
frankly as it is written.
You ask rae whether I ara in favor of the acquisition of Mexi
can territory, and what are ray sentiraents vvith regard to the Wil
mot Proviso ?
I have so often and so explicitly stated my views of the first
question, in the Senate, that it seems alraost unnecessary to repeat
them here. As you request it, hojvever, I shall briefly give them.
I think, then, that no peace should be granted to Mexico, tfll a
reasonable indemnity is obtained for the injuries which she has
done us. The territorial extent of this inderanity is, in the first
instance, a subject of Executive consideration. 'There the Con
stitution has placed it, and there I ara wflling to leave it ; not only
because I have fufl confidence in its judicious exercise, but be
cause, in the ever-varying circumstances of a war, it would be in
discreet, by a public declaration, to.comrait the country to any line
of inderanity, which raight otherwise be enlarged, as the obstinate
injustice |of the eneray prolongs the contest, with its loss of blood
and treasure.
It appears to rae that the kind of metaphysical magnanimity,
which would reject afl indemnity at the close of a bloody and ex
pensive war, brought on by a direct attack upon our troops by the
eneray, and preceded by a succession of unjust acts for a series of
years, is as unworthy of the age in which we live, as it is revolt
ing to the common sense and practice of raankind. It would con
duce but little to our future security, or, indeed to our present
reputation, to declare that we repudiate all expectation of compen
sation from the Mexican government, and are fighting, not for any
practical result, but for some vague, perhaps philanthropic object,
which escapes ray penetration, and raust be defined by those who
assume this new principle of national intercoramunication. All
wars are to be deprecated, as well by the statesman, as by the phi
lanthropist. They are great evils ; but there are greater evils than
these, and submission to injustice is araong them. The nation
which should refuse to defend its rights and its honor, when assail
ed, would soon have neither to defend ; and when driven to war
it is not by professions of disinterestedness and declarations of
magnanimity, that its rational objects can be best obtained or

UFE OF GENERAL CASS 321
other nations taught a lesson of forbearance — the strongest secu
rity for permanent peace. We are at war with Mexico, and its
vigorous prosecution is the surest means of its speedy termination,
and ample indemnity the sucest guaranty against the recurrence
of such injustice as provoked it.
The Wflmot proviso has been before the country some tirae. It
has been repeatedly discussed in Congress, and by the public press.
I ara strongly irapressed with the opinion, that a great change has
been going on in the public mind upon this subject — in my own
as well as others ; and that doubts are resolving themselves into
convictions, that the principle it involves should be kept out of the
National Legislature, and left to the people of the confederacy in
their respective local governments.
The whole subject is a comprehensive one, and fruitful of im
portant consequences. It would be ifl-tiraed to discuss it here. I
shall not assurae that responsible task, but shall confine myself to
such general views as are necessary to the fair exhibition of my
opinions. We may well regret the existence of slavery in the southern
States, and wish they had been saved frora its introduction. But
there it is, and not by the act of the present generation ; and we
must deal with it as a great practical question, involving the most
momentous consequences. We have neither the right nor the
power to touch it where it exists ; and if we had both, their exer
cise, by any means heretofore suggested, might lead to results
which no wise man would willingly encounter, and which no good
man could contemplate without anxiety.
The theory of our Government presupposes that its various
members have reserved to theraselves the regulation of all subjects
relating to what raay be terraed their internal police. They are
sovereign within their boundaries, except in those cases where
they have surrendered to the General Government a portion of
their rights, in order to give effect to the objects of the Union,
'whether these concern foreign nations or the several States them
selves. Local institutions, if I may so speak, whether they have
reference to slavery, or to any other relations, domestic or public,
are left to local authority, either original or derivative, Congress
has no right to say that there shall be slavery in New York, or that
there shall be no slavery in Georgia ; nor is there any other huraan
power but the people of those States, respectively, which can
change the relations existing therein ; and they can say, if they
wifl. We wfll have slavery in the forraer, and we will abolish it in
the latter.
In various respects the Territories differ frora the States. Sorae
of their rights are inchoate, and they do not possess the peculiar
attributes of sovereignty. ' Their relation to the General Govern
ment is very iraperfectly defined by the Constitution ; and it will
be found, upon exaraination, that in that instrument the only grant
of power concerning them is conveyed in the phrase, " Congress
21

322 LIFE OF GENERAL CASS.
shall have the power to dispose of and make all needful rules and
regulations respecting the territory and other property belonging
to the United States." Certainly this phraseology is very loose, if
it were designed to include in the grant the whole power of legis
lation over persons, as well as things. The expression, the " ter
ritory an^ other property," fairly construed, relates to the public
lands, as such, to arsenals, dock-yards, forts, ships, and all the
various kinds of property, which the United States may and must
possess. But surely the simple authority to dispose of and regulate these,
does not extend to the unlimited power of legislation; to the pas
sage of all laws, in the most general acceptation of the word ;
which, by the by, is carefully excluded from the sentence. And,
indeed, if this were so, it would render unnecessary another pro
vision of the Constitution, which grants to Congress the power to
legislate, with the consent of the States, respectively, over all
places purchased for the "erection of forts, magazines, arsenals,
dock-yards," &c. These being the "property" of the United
States, if the power to raake "needful rules and regulations con
cerning" thera includes the general power of legislation, then the
grant of authority to regulate " the territory and other property of
the United States" is unliraited, wherever subjects are found for
its operation, and its exercise needed no auxiliary provision. If,
on the other hand, it does not include such power of legislation
over the "other property" of the United States, then it does not
include it over their "territory ;" for the sarae terras which grant
the one, grant the other. " Territory'' is here classed with pro
perty, and treated as such ; and the object was evidently to enable
the General Governraent, as a property-holder — which, from ne
cessity, it must be — to manage, preserve, and " dispose of" such
property as it raight possess, and which authority is essential al
most to its being. But the lives and persons of our citizens, with
the vast variety of objects connected with them, cannot be con
trolled by an authority which is merely called into existence for
the purpose of making rules and regulations for the disposition
and management of property.
Such, it appears to me, would be the construction put upon this
provision of the Constitution, were this question now first present
ed for consideration, and not controlled by imperious circumstan
ces. The original ordinance of the Congress of the Confedera
tion, passed in 1787, and which was the only act upon this subject
in force at the adoption of the Constitution, provided a eoraplete
frarae of government for the country north of the Ohio, while in
a territorial condition, and for its eventual admission in separate
States into the Union. And the persuasion, that this ordinance
contained within itself all the necessary means of execution, pro
bably prevented any direct reference to the subject in the consti
tution, further than vesting in Congress the right to admit the
States formed under it into the Union, However, circumstances

LIFE OF GENERAL CASS. 32$
arose which required legislation, as well over the territory north
of the Ohio, as over other territory, both within and without the
original Union, ceded to the General Government ; and, at various-
times, a more enlarged power has been exercised over the Terri
tories — meaning thereby the different Territorial Governments —
than is conveyed by the limited grant referred to. How far an
existing necessity may have operated in producing this legislation,
and thus extending, by rather a violent implication, powers not di
rectly given, I know not. But certain it is, that the principle of
interference should not be carried beyond the necessary iraplica
tion which produces it. It should be liraited to the creation of
proper governments for new countries, acquired or settled, and
to the necessary provision for their eventual admission into
the Union ; leaving, in the meantirae, to the people inhabiting
thera, to regulate their internal concerns in their own way. They
are just as capable of doing so as the people of the States ; and
they can do so, at any rate, as soon as their political independence
is recognized by admission into the Union. During this tempo
rary condition, it is hardly expedient to call into exercise a doubt
ful and invidious authority, which questions the intelligence of a
respectable portion of our citizens, and whose limitation, whatever
it raay be, will be rapidly approaching its termination — an author
ity wliich would give to Congress despotic power, uncontrolled by
thee Constitution, over most important sections of our common
country. For, if the relation of master and servant raay be regu.-
Iated or annihilated by its legislation, so raay the relation of hus
band and wife, of parent and child, and of any other condition
which our institutions and the habits of our society recognize.
What would be thought if Congress should undertake to prescribe
the terms of marriage in New York, or to regulate the authority
of parents over their children in Pennsylvania ? And yet it would
be as vain to seek one justifying the interference of the National
Legislature in the cases referred to in the original States of the
Union. I speak here of the inherent power of Congress, and do
not touch the question df such contracts as may be formed with
new States when adraitted into the Confederacy.
Of all the questions that can agitate us, those which are raerely
sectional in their character are the most dangerous, and the most
to be deprecated. The warning voice of him who, frora his char
acter, and services, and virtue, had the best right to warn us, pro
claimed to his countrymen, in his Farewell Address — that raonu
ment of wisdom for hira, as I hojje it wUl be of safety for thera —
how much we had to apprehend from measures peculiarly affect
ing geographical portions of our country. The grave circumstan
ces in which we are now placed make these words, words of safe
ty; for I ara satisfied from all I have seen and heard here, that a
successful attempt to ingraft the principles of the Wflmot proviso
upon the legislation of this Governraent, and to apply them to new
territory, should new territory be acquired, would seriously affect

¦324 LIFE OF GENER.iL CASS.
our tranqufllity. I do not suffer myself to foresee or to foretel!
the consequences that vvould ensue ; for I trust and believe there
is good sense arid good feeling enough in the country to avoid
them,, by avoiding all occasions which might lead to them.
Briefly, then, I am opposed to the exercise of any jurisdiction
by Congress over this matter ; and I am in favor of leaving to the
people of any territory-; which may be hereafter acquired, the right
to regulate it for theraselves, under the general principles of the
Constitution. Because —
1. I do not see in the Constitution any grant of the requisite
power to Congress ; and I ara not disposed to extend a doubtful
precedent beyond its necessity — the establishraent of Territorial
Governraents when needed — leaving to the inhabitants all the
rights corapatible vvith the relations they bear to the Confedera
tion. 2. Because I believe this raeasure, if adopted, would weaken, if
not irapair, the Union of the States ; and would sow the seeds of
future discord, which would grow up and ripen into an abundant
harvest of calaraity.
3. Because I believe a general conviction, that such a proposi
tion would succeed, would lead to an iraraediate withholding of
the supplies, and thus to a dishonorable terraination of the war.
I think no dispassionate observer at the seat of governraent can
doubt this result. a
4. If, however, in this I ara under a raisapprehension, I ara un
der none in the practical operation of this restriction, if adopted by
Congress, upon a treaty of peace raaking any acquisition of Mex
ican territory. Such a treaty would be rejected just as certainly
as presented to the Senate. More than one-third of that body
would vote against it, viewing such a principle as an exclusion of
the citizens ofthe slave holding states frora a participation in the
benefits acquired by the treasure and exertions of all, and which
should be coraraon to all. I ara repeating — neither advancingnor
defending these views. That branch of the subject does not lie
in ray way, and I shall not turn aside to seek it.
In this aspect of the raatter, the people of the United States must
choose between this restriction and the extension of their territo
rial limits. They cannot have both ; and which they will surren
der must depend upon their representatives first, and then, if these
fail them, upon themselves.
5. But, after all, it seems to be generally conceded, that this
restriction, if carried into effect, could not operate upon any state
to be formed frora newly-acquired territory. The well-known at
tributes of sovereignty, recognized by us as belonging to the state
governments, would sweep before them any such barrier, and
would leave the people to express and exert their will at pleasure.
Is the object, then, of temporary exclusion for so short a period as
the duration of the territorial governments, worth the price at
which it would be purchased ? — worth the discord it would en-

LIFE OP GENERAL' CASF. 325
gender, the trial to which it would expose our Union, and the evfls
that would be the certain consequence, let that trial result as it
might ? As to the course, which has been intimated rather than
proposed, of ingrafting such a restriction upon any treaty of ac-
quistion, I persuade rayself it would find but little favor in any
portion of this country. Such an arrangeraent would render Mex
ico a party, having a right to interfere in our internal in.stitutions
in questions left by the Constitution to the state governraents, and
would inflict a serious blow upon our fundamental principles. Few,
indeed, I trust, there are among us who would thus grant to a for
eign power the right to inquire into the constitution and conduct
of the sovereign states of this Union ; and if there are any, I am
not araong them, and never shall be. To the people ofthis coun
try, under God, now and hereafter, are its destinies coraraitted ;
and we want no foreign power to interrogate us, treaty in hand,
and to say, Why have you done this, or why have you left that
undone ? Our own dignity and the principles ofthe national in
dependence unite to repel such a proposition.
But there is another iraportant consideration, which ought not
to be lost sight of, in the investigation of this subject. The ques
tion that presents itself is not a question of the increase, but of the
diffusion of slavery. Whether its sphere be stationary or progres
sive, its araount wifl be the same. The rejection of this restric
tion will not add one to the class of servitude, nor wfll its adop
tion give freedora to » single being vvho'is now placed therein.
The sarae nurabers wfll be spread over greater territory ; and so
far as corapression, with less abundance of the necessaries of life,
is an evfl, so far wfll that evil be mitigated by transporting slaves
to a new country, and giving thera. a larger space to occupy.
I say this in the event of the extension of slavery over any riew
acquisition. But can it go there ? This raay well be doubted.
All the descriptions, which reach us of the condition of the Ca!i-
fornias and of New Mexico, to the acquisition of vvhich our efforts
seera at present directed, unite in representing those countries as
agricultural regions, sirailar in their products to our Middle States,
and generally unfit for the production of the great staples, vvhich
can alone render slave labor valuable. If we are not grossly de
ceived — and it is difficult to conceive how we can be — the inhab
itants of those regions, whether they depend upon their ploughs or
their herds, cannot be slave holders. Involuntary labor, requiring
the investment of large capital, can only be profitable when em
ployed in the production of a few favored articles confined by na
ture to special districts, and paying larger returns than the usual
agricultural products spread over more considerable portions of
the earth.
In the able letter of Mr. Buchanan upon this subject, not long
since given to the public, he presents similar considerations with
great force. "Neither," says this distinguished writer, "the soil,
the climate, nor the productions of California south of thirty-six

326 LIFE OF GENERAL CASS.
degrees thirty rainutes, nor indeed of any portion of it, north or
south, is adapted to slave labor ; and besides, every facflity would
be there afforded for the slave to escape frora his master. Such
property would be entirely insecure in any part of California. It
is morally impossible, therefore, that a majority of the emigrants
to that portion of the territory south of thirty-six degrees thirty
minutes, which wifl be chiefly composed of our citizens, wfll ever
re-establish slavery within its limits.
'• In regard to New Mexico, east of the Rio Grande, the ques
tion has already been settled by the adraission of Texas into the
Union. " Should we acquire territory beyond the Rio Grande and east
of the Rocky raountains, it is stfll raore irapossible that a raajority
of the people would consent to re-establish slavery. They are
theraselves a colored population, and araong thera the negro does
not belong socially to a degraded race."
With this last remark Mr. Walker fully coincides in his letter
written in 1844, upon the annexation of Texas, and which every
where produced so favorable an impression upon the public mind,
as to have conduced very materially to the accomplishraent of that
great measure. " Beyond the Del Norte," says Mr. Walker,
"slavery will not pass ; not only because it is forbidden by law,
but because the colored race there preponderates in the ratio of
ten to one over the whites ; and holding, as they do, the govern
ment and most of the offices in their possession, they will not per
mit the enslavement of any portion of the colored race, which
makes and executes the laws ofthe country."
The question, it wfll be therefore seen on exaraination, does not
regard the exclusion of slavery from a region where it now exists,
but a prohibition against its introduction where it does not exist,
and where, from the feelings of the inhabitants and the laws of
nature, "it is morafly irapossible," as Mr. Buchanan says, that it
can ever re-establish itself
It augurs well for the perraanence of our confederation, that du
ring raore than half a century, which had elapsed since the estab
lishment ofthis government, many serious questions, and sorae of
the highest importance, have agitated the public mind, and raore
than once threatened the gravest consequences ; but that they have
all in succession passed away, leaving our institutions unscathed,
and our country advancing in nurabers, power, and wealth, and
in all the other elements of national prosperity, with a rapidity
unknown in ancient or in modern days. In tinies of political ex
citement, when difficult and delicate questions present theraselves
for solution, there is one ark of safety for us ; and that is, an hon
est appeal to the fundaraental principles of our Union, and a stern
determination to abide their dictates. This course of proceeding
has carried us in safety through many a trouble, and I trust will
carry us safely through many more, should raany more be destined
to assail us. The Wflmot Proviso seeks to take frora its legitiraate

LIPE OF GENERAL CASS. 327
tribunal a question of doraestic policy, having no relation to the
Union, as such, and to transfer it to another created by the peo
ple for a special purpose, and foreign to the subject-raatter involv
ed in this issue. By going back to our true principles, we go
back tothe road of peace and safety. Leave to the people, who
will be affected by this question, to adjust it upon their own re
sponsibflity, and in their own raanner, and we shall render anoth
er tribute to the original principles of our governraent, and furnish
another guarantee for its permanence and prosperity.
I ara, dear sir, respectfully, your obedient servant,
LEWIS CASS.
A. O. P. Nicholson, 'Es({., Nashville, Tenn.
The prevafling sentiraent ofthe foregoing letter will at once im
press the reader with the patriotisra and nationality of Gen. Cass.
Undoubtedly it was the offspring of a conviction in the mind of the
distinguished writer, that the pressing upon Congress the adop
tion of the Proviso at that time, was urging that body, not only to
give its sanction to an act of legislation, useless in itself, so far as
its diract object was sought to be attained, but asking its interpo
sition in a shape which was, by many of the eminent men of the
country, considered unconstitutional, besides direcfly opposing the
wishes of a large portion of the merabers of the Union ; creating
causes for discord and doraestic hostflity and endangering the honor
and well-being of the Republic, and which, in the aspect in which it
was presented to Congress, did not need tbe action of that body.
Gen. Cass expressly states his opinion to be, " that slavery never
would extend to California or New Mexico, and that the inhabit
ants of those regions, whether they depend on their ploughs or
their herds, cannot be slave holders." He treats the question as
one, not having reference tothe exclusion of slavery from a region
¦where it existed, but a prohibition against its introduction where
it did not exist, and where, from the feelings of the inhabitants
and the laws of nature, it is morally impossible it could establish
itself It is worthy of note, that the views expressed by Gen. Cass
in the foregoing letter, Iiave not only entered into and marked the
legislation of Congress on the subject, but have also been, within
the last two years, adopted by many of the most erainent raen in
the country, establishing firmly the soundness of the position as
sumed by Gen. Cass at the comraenceraent ofthe agitation ofthe
question.

328 LIFE OF GENERAL CASS.
The energetic prosecution ofthe war with Mexico, was repeat
edly urged upon the consideration of the Senate, by Gen. Cass.
As Chairman ofthe Coramittee on Military Affairs, he held a po
sition of great responsibility, and introduced a series of bflls whose
provisions vvere adrairably calculated to accoraplish a successful
terraination of the war. There vvere parties who were unsparing
in their condemnation of the administration and its friends, and
were disposed to leave the army in Mexico unprovided for and un
aided. It vvas charged upon the adrainistration that it was its in
tention to subjugate Mexico and destroy its nationality, notwith
standing the repeated declaration by the President and his support
ers that no such result vvas ever even dreamed of, and in the face
of Gen. Cass' own assertion, that it vvould be a very unfortunate
thingto extinguish the independence of Mexico and annex that coun
try to our own. The adrainistration, after the war vvas commenced,
sought only for redress and indemnification for injuries sustained,
and- its policy vvas to go on vvith the vvar until Mexico would agree
to an honorable peace. To attain this desirable object. Gen.
Cass introduced the bill, to raise for a limited tirae, an additional
railitary force — proposing that ten regiraents of infantry should be
added to the force already in the field to serve during the war.
The discussion ofthis bill afforded an opportunity for the opposers
ofthe administration and the vvar to exhibit their hostility. The
American array had been successful ; the hosts of Mexico had fled
before it and her towns and cities were in possession of the con
querors; the "Halls of Montezuma" vvere decorated with the star
spangled banner, and the national music of the Union sounded
within her ancient Capitol, yet no overtures of peace were made.
The soldiers of our army, eight or ten thousand strong, were far
in the interior of the enemy's country, surrounded by angry and
exasperated natives, araorig whora they had marched, forcing their
¦way with the sword, until they stood victors within the gates of
the city of .Mexico. The diseases of the cliraate and the hazards
of war raight change within a short period the relative position of
the conquerors and conquered. To avoid such disaster — to se
cure vvhat that gallant army had achieved — to put beyond hazard
a brilliant and glorious terraination of the war, vvas the object
sought for by Gen. Cass in urging the increase of the array in

LIPE OP GENERAL CASS. 329
Mexico. He urged it upon the obvious ground, that if a large
force was raised and despatched to Mexico, the Mexicans would
be convinced that peace vvould be their only means of salvation ;
and that the more vigorous our preparations, the more fixed our
deterraination to act with yigor and energy, the sooner would peace
be sought for by a conquered enemy. It vvas surely an act of wise
precaution to strengthen the forces in Mexico against all contin
gency of disaster, in the event of the prolongation of active war
fare. It was in introducing this bfll to the notice of the Senate,
that Gen. Cass paid the following eloquent tribute to the bravery
of the citizen soldiers in Mexico :
" There is one point, sir, where we can all meet, and that is the
gallantry andigood conduct of our country. This is one of the
high places to which we can come up together, and laying aside
our party dissension, mingle our congratulations that our country
has had such sons to go forth to battle, and that they have gather
ed such a harvest of renown in distant fields. The tirae has been,
and there are those upon this floor who reraeraber it well, when
our national flag was said to be but striped bunting, and our arra
ed vessels but fir -built frigates. The feats of our array and navy,
in our last vvar with England, redeemed us from this reproach, the
offspring of foreign jealousy ; and had they not, the events of the
present war would have changed these epithets into terras of hon
or ; for our flag has become a victorious standard, borne by raarch-
ing colurans, over the hflls and vallies, and through the cities and
towns and fields of a powerful nation, in a career of success, of
which few examples can be found in ancierit or modern warfare.
" The movement of our army from Puebla, was one ofthe most
romantic and reraarkable events vvhich ever occurred in the rafli
tary annals of any country. Our troops did not indeed burn their
fleet, like the first conquerors of Mexico, for they needed not to
gather courage frora despair, nor to stiraulate their resolution by
destroying all hopes of escape. But they voluntarily cut off all
means of coraraunication with their own country, by throwing
theraselves araong the arraed thousands of another, and advancing
with stout hearts but feeble nurabers into the raidst of a hostile
country. The uncertainty which hung over the public raind, and
the anxiety every where felt, when our gallant little army disap
peared from our view, wfll not be forgotten during the present
generation. There was universal pause, of expectation — hoping,
but stfll fearing; and the eyes of twenty raillions of people were
anxiously fixed upon another country which a little band of its
armed citizens had invaded. A veil concealed them from our
view. They were lost to us for fifty days ; for that period elapsed,
from the time when we heard pf their departure from Puebla tfll
accounts reached us of the issue of the movement. The shroud

330 LIFE OF GENERAL CASS.
which enveloped them gave way, and we discovered our glorious
flag waving in the breezes of the capital, and the city itself invest
ed by our arrpy.
" If we recorded our history on stone, as was done in the primi
tive ages of the world, we should engrave this series of glorious
deeds upon tables of marble. But we shall do better ; we shall
engrave it upon our hearts, and we shall comrait it to the custody
of the press, whose raonuraents, frail and feeble as they appear,
yet from their wonderful power of multiplication, are more endu
ring than brass or marble, than statues or pyramids, or the proud
est monuments erected by human hands. Let it be reraerabered,
sir, that these battles were fought in a great measure by nevv and
undisciplined troops, hastfly called at horae, apd speedily raarched
to the seat of warfare. By raen who had abandoned the duties and
comforts of doraestic life, and who raade war not a trade as in Eu
rope, but a teraporary eraployraent in order to defepd the interests
and honor of their country. And even the small regular army,
which existed at the commenceraent ofthe war, had seen little ac
tive service in the field, and that not with a civflized foe, but in
murderous conflicts with Indian tribes, where there was much ex
posure to meet and little glory to gain. Many of the officers and
soldiers, and indeed a great majority of thera, and sorae of their
coraraanders, too, saw the first gun fired in the very field which
they illustrated by their deeds, and moistened with their blood,
honor, then, to the highest and to the lowest, to the greatest and
the least — honor to the living and the dead — those who survive to
enjoy it, and to the meraory of those who sleep in a soldier's grave,
far frora the land they loved so well. And happy ara 1 to see upon
this floor at this raoraent, particularly one of the gallant officers,
who have inscribed their names high upon the mflitary roll of their
country, and there are others like him in this city, who have re
turned from the carapaign in vvhich they distinguished theraselves,
bearing upon their persons ineffaceable raarks of courage and pa
triotisra. A kind Providence has perraitted them to corae back,
and the plaudit of grateful raillions " wefl done good and faithful
servants" is the proud welcome which greets them. Let modern
phflanthropists talk as they please, the instincts of nature are truer
than the doctrines they preach. Military renown is one of the
elements of national strength, as it is one of the proudest sources
of gratification to every man who loves his country and desires to
see her occupy a distinguished position, araong the nations of the
earth. I should have been proud to have been in Europe during
our railitary operations in Mexico — proud to witness the effect of
the skUl and prowess of our array upon the statesman and politi
cians and comraunities ofthe old world."
When it is remerabered that the American army was then three
thousand mfles frora horae, in the very citadel of the eneray, and
surrounded by seven or eight mfllions of the inhabitants of the

LIFE OF GENERAL CASS. 331
country they had invaded, and who would gladly seize the first
opportunity to massacre every one of them, it is difficult to con
ceive how any one can reasonably dissent from the position assu
med by Gen. Cass, or consider him too urgent in asking the atten
tion of the Senate to a subject involving such momentous corise-
quences. Yet, the proposition met with powerful opposition from
distinguished Senators, and the debate upon it was prolonged
through a period of three raonths. The final vote was taken on
the 17th of March, 1848, and the bfll passed the Senate, the vote
being twenty-nine in favor of its passage and nineteen against it-
The origin of the war with Mexico, has been the subject of much
difference of opinion ; and as an authentic and reliable Statement
of its origin and coraraenceraent, the following extract from the
speech of Gen. Cass, delivered March 17th, 1848, in the Senate,
is here inserted : —
" But it has been said, not in Mexico, but here, that the origin
of this war was not in the annexation of Texas, but because we
carried her boundary to the Rio Grande, and took possession of the
country between the Nueces and that river. Who says this, Mr.
President ? Not the government or people of Mexico, but citizens
of our own country, who find a cause of offence for the enemy,
which they have failed to discover for- theraselves. The Nueces
is an American, not a Mexican boundary. The Texas of Mexico
was Texas to the Sabine, with no intermediate boundary. In all
the coraraunications with the Mexican Governraent, as I have had
occasion to say before, no distinction is made between the Nueces
and the Rio Grande. And the occupation by our forces, of the
country between these rivers, was never presented as an exclusive
cause of complaint, nor indeed noticed in any raatter whatever. It
was the annexation and occupation of Texas, and not of any par
ticular portion of Texas, which led to the reclaraations, and finally
to the hostilities of Mexico. It was a question of title, and not of
boundary ; a claim,of right, which went for the whole, and would
liever be satisfied with the relinquishment of a part. When the
act for annexation passed, the Mexican minister in this country
immediately protested against that measure; declared it tobe just
cause of war, and at the same tirae deraanded his passports, and
left the country. And the supreme Government of Mexico, in
March, 1846, informed Mr. Slidell, that it looked upon " annexa
tion as a casus belli ; and, as a consequence of this declaration,
negotiation was, by its very nature, at an end, and war was the
only recourse of the Mexican Government." And, in conformity
with these views, forces were collected on the Rio Grande, in or
der that Mexico might take the "initiative" in hostilities against
us, to borrow the expression of General Paredes in his orders to

332 LIFE OF GENERAL CASS.
the coraraanding general. And, sir, these warnings and threaten
ings -were no vain declarations. Mexico said what she would do,
and she did as she said. She declared to us, that if we annexed
Texas she would go to war. We annexed Texas, and she went to
war. As early as April, 1846, and before the raoveraent of Gene
ral Taylor could have been known in Mexico, her President di
rected the general upon the frontier to "attack" our array by eve
ry means, which war permits.
Who, then, sir, has a right to say, what the Mexican Govern
ment has never said — that they went to war, not because we an
nexed Texas, but because we took possession of the country west
of the Nueces? In all the diplomatic correspondence between
the two Governraents, there is no allusion to that river, nor is any
greater claira advanced to one of its banks, than to the other.
Why, then, when our country is suraraoned to trial at the bar qf
the public opinion of the world, why should the American Senate
swell the catalogue of an enemy's grievances, and make out a
better case for Mexico than she has made for herself? In our
endeavor to do right to others, let us not do wrong to ourselves.
Let us distrust our ovvn judgment, when we find ourselves inclined
to take a raore favorable view of the cause of Mexico, than she
has taken for herself Let us yield to justice what we refuse to
patriotisra. There is no want of shrewdness in Mexican states
men. They have made the best of their own case ; and if they
have oraitted the passage of the Nueces in the catalogue of their
wrongs, we raay be sure it was no special wrong in their eyes; and
that it was not because we crossed that river, but because we en
tered Texas, that our eneray attacked us, and thus coramenced
the war.
What judgment, then, are we to pronounce upon the raeasures,
which were directed to be taken by the President, previously to
the coraraenceraent of the war by Mexico? This question is in
fact a double one, involving two considerations : one, affecting
our relations with other countries, and the ¦other our own institu
tions only. The former touches our character and conduct before
the nations-of the earth, while the latter relates'only to ourselves.
This war vvas comraenced by Mexico, that is, Mexico first at
tacked our troops ; but I agree, that if we pushed an arraed force
within the Mexican frontier without cause, that measure throws
on us the guilt of this war. How stands this matter ?
1. It seeras now to be generafly agreed on all hands, that the
mere annexation of Texas gave to Mexico no just cause of war,
and it follows, that if its boundaries extended to the Rio Grande,
then we did only what we had a right to do in marching our forces
to that river, and are not responsible for results. Both of these
points I have noticed, and the last has been conclusively establish
ed by the excellent views taken of the title of Texas by the Sena
tors, to whom I have referred.
2. If the title to the country frora the Nueces to the Rio Grande
was in dispute between the parties — and I believe no one here has

LIFE OE GENERAL CASS. 333
ventured to deny, that we had some well founded claims to it — and
Mexico was preparing to take possession of it, we had a right to
anticipate her, and thus to assert our own title.
3. But taking the strongest ground against ourselves, that we
had no title whatever to the Rio Grande, still we had a right to go
there, if we considered such a measure necessary to our defence,
and if the preparations of Mexico announced a design to attack us.
Did they announce such a determination ? No one here, sir,
will deny that fact. I shafl not detain the Senate with the various
proofs, spread through the history of our intercoraraunication with
Mexico, from the first suggestion respecting annexation, till her
army crossed the Rio Grande in order of battle. The protest of
her minister here — the declaration of her Government — its formal
annunciation to the European diplomatic agents accredited to it —
the public order of its generals, and the collection and raoveraent
of its fprces, left no doubt of its designs, and if they had, the re
sult would have disclosed them.
The movement of our troops, under these circumstances, be
came a defensive raeasure ; for, as has been well reraarked by the
honorable Senator from South Carolina, [Mr. Butler,] it is not
necessary for the justification of a nation, that it should await an
impending attack. That power, iu fact, comraences the war, which
makes the first threatening preparations for it, and not the one,
which merely strikes the first stroke. If a government collects its
forces, marches thera to its frontier, and raakes public preparations
for passing it, and thus for vvar, at the sarae time openly avowing
its determination to commence it, both the reason of mankind and
the usage of nations, authorize the people, whose peace is thus
threatened, to anticipate their adversary, and to repel the threaten
ed attack, by an attack of their own. 'This course is strictly de
fensive, and modern history abounds with examples illustrative of
the principle.
So much for the question between us and Mexico, as to the
coraraenceraent of the war.
As to the internal question relating to the conduct of the Presi
dent, it admits of but one answer. That cases may occur, in
which it is his duty, under his constitutional power, to repel an ac
tual or threatened invasion before Congress can act upon the sub
ject, no one can doubt ; and for myself, I could never see any just
constitutional or legal objections to the course he pursued in this
whole affair. But there is one other consideration, which is deci
sive, and that is, that the orders for the movement of the troops to
the Rio Grande were given by the President on the 13th of Janua
ry, 1846, and thirteen days before that, an act of Congress had
been passed recognizing our jurisdiction west of the Nueces. It
was the duty of the Executive to carry it into effect, and thus con
sider the boundary of Texas, as extended beyond that river.
As the "initiative" was taken by our adversary, we took the de
fensive, and the attack being inevitable, it was for us to choose
where to receive it. Such, I repeat, is the law of nations, and
such the practice of nations.

CHAPTER XIV.
Appropkiattons for Improvement of Rivers and Harbors — Difficulties surround
ing the question of the right of Congress to make such appropriation b — Gen.
Cass' opinions on that subject — He sustains the position of Gen. Jack son-
Proceedings in the Senate — Remarks and Vote of Gen. Cass — Further remarks
— Chicago Convention — Its object — Foresight of Gen. Cass in anticipatiag the
results of that Convention — His letter declining an invitation to attend it — Un
just and unfounded inferences drawn from the letter — Gen. Cass' exposition of
hie views on the Constitutional right of Congress to make Appropriations for
the Improvement of Rivers and Harbors, delivered in the Senate, JVlarch, 1851.
The subject of appropriating public money for the improvement
of our North-western rivers and harbors is one which is of the
first iraportance to a large and constantly increasing portion ofthe
people' of the United States. Unfortunately, owing to the variety
of interests which the extent of our country has created, this ques
tion has become involved with other measures of public expendi
ture, not necessarily or naturally connected with it. The consti
tutional right of Congress to appropriate the raoney of the United
States, for the iraproveraent of our rivers and harbors on our lakes,
has been designedly connected with the question of the right of
that body to coraraence and prosecute a general system of inter
nal iraproveraent, so that those who are of the opinion that the con
stitutional right exists in the former case, while it does not in the
latter, are compelled, by the peculiar mode of legislation which
has obtained in regard to bflls authorizing appropriations of public
money for river and harbor improvements, to oppose the system
entirely as it is presented to them. If the sole question were the
expenditure ofthe araount, upon localities having a national posi
tion in the trade and commerce of the country, it is apprehended
that there would be few who would oppose it. But when an ex
penditure, clearly right and proper, palpably authorized by the
constitution, and national in its use, is so identified with and made
dependent upon one just as clearly wrong and unauthorized as
the other is right, that the one cannot be obtained without the
other, the friends ofthe former are forced by constitutiotjal obliga-

LIFE or GENERAL CASS. 335
tions to oppose and resist the whole. For years past, this has been
the condition of this deeply interesting question. In one or the
other branch of Congress, illegal, unconstitutional provisions, di
recting the expenditure of large amounts of money, have been in
corporated with appropriations intrinsically legal, and the demo
cratic members of Congress have been reluctantly compelled to
vote against the whole proposition, and when the majority was
against them, trust to the Presidential veto, to correct the viola
tion of the constitution and the lavish and profligate abuse of pub
lic money for local benefit.
It cannot be denied that there has always been an inclination
with persons of a certain political stamp to give an extraordinarily
liberal construction to the provisions of the constitution, especially
on this point. Presidents Madison and Monroe found it neces
sary to interpose the veto upon profuse appropriations for works of
internal improvements, claimed to be national in character, but,
in fact, far otherwise. With the administration which succeeded
Mr. Monroe's, this doctrine of the " largest liberty " in appropri
ating money for " internal iraproveraents," found the utmost favor
desired by its ardent friends. It required not a little firmness on
the part of Gen. Jackson, to bring the construction of the consti
tution back to its original purity. But he succeeded in so doing,
and the principles then re-established by him have become an ar
ticle of faith and party policy with the deraocratic party of the
Union. The position frora which Gen. Jackson rescued the coun
try, raay be judged of from this one fact : At the tirae he refused
his sanction to the act authorizing a subscription of stock in Mays-
viUe and Lexington Turnpike-road Corapany, there vvere propo
sitions pending before Congress for the construction of roads, re
quiring an appropriation in the aggregate of one hundred raillions
of dollars. The prospect was appalling, but the constitution was
under the care of one who respected it and the great people who
entrusted it to hira, and the country escaped the evfls which the
" internal improvement " party were preparing for it.
It has been charged upon Gen. Cass that he is opposed to appro
priations by Congress for harbor and river iraproveraents. This
accusation, like others brought against him, is without foundation
in truth. His career in the Senate of the United States; his de-

336 LIFE OF GENERAL CASS.
clarations of his opinions on questions of public policy; his speech
es and votes, which are wefl known to the country, falsify the as
sertion. Gen. Cass supports the deraocratic creed on this ques
tion, as established by early precedent, and re-affirraed by Gen.
Jackson and the Baltimore Conventions of 1844 and 1848, " that
the Federal Government is one of limited powers, derived solely
from the Constitution, and the grants of power shown therein,
ought to be strictly construed by all the departraents and agents of
Government, and that it is inexpedient and dangerous to exercise
doubtful constitutional powers."
" That the Constitution does not confer upon the General Gov
ernment the power to commence and carry on a GENEHAL sys
tem of internal iraproveraents."
He does not deny the povver of Congress to improve the great
harbors and rivers, and lakes, of the Union, which are national in
their character, and important to the coramerce or defence of the
country. Whfle he denies the power to devise and prosecute a vast
systera df operations, whose pecuniary extent cannot be foreseen,
or whose corrupting influence in and out of the halls of legisla
tion, may well excite apprehension, he has advocated and voted
for particular appropriations, justified by the position and import
ance of the location to be improved.
In a late speech delivered by Gen. Cass in the Senate, on the
river and harbor bill, he uses this emphatic language : " With re
spect to harbor iraproveraents upon the great lakes, in which ray
constituents feel a deep interest, I raay be perraitted, I trust, to
make a few remarks. It is the exercise of a power essential to
the prosperity of the country, and necessary to prevent a prodigal
' waste of human life."
One instance is here given to prove by the record the position
and action of Gen. Cass, in regard to this question. It is one of
a character, which cannot be controverted, and must convince his
most inveterate opponent, that he is not opposed to the judicious
and constitutional appropriation of raoney for river and harbor
iraproveraent. The following account of the proceedings in the
Senate in July, 1846, is taken from the Congressional Globe, and
its accuracy wfll not be questioned :
" Mr. Dix moved to take up the river and harbor bill.

LIPE OF GENERAL CASS. 337.
" Mr. Bagby objected. He was opposed to the bill in principle,
and with a view to record his vote, asked for the yeas and nays on
the question, and they were ordered,
" Mr. Dix stated that this was a bifl of the House of Representa
tives, which had been referred to the coraraittee on commerce, and
made appropriations for works now in progress. It had been await
ing the action of the Senate a long tirae, but had been deferred in
consequence of the war raeasures. He hoped it wouM be taken
up. " The yeas and nays were taken on the question, and stood yeas
thirty-seven, nays fourteen. Gen. Cass voting in the affirma
tive. " The Senate took up the bill, and as in coraraittee of the whole,
proceeded to the consideration of the araendraents reported by the
coramittee on coraraerce.
"After a desultory and conversational debate, two of the araend-
ments were adopted ; and the further consideration of the bfll was
postponed until to-raorrow.
" July 21 — On raotion of Mr. Dix, the Senate-resuraed the con
sideration of the river and harbor appropriation bill.
Mr. Atchinson raoved the reconsideration of the vote by vvhich
the foflowing clause was stricken out :
" For the iraproveraent of Little Fort Harbor on Lake Michi
gan, $12,000.
Upon this raotion discussion ensued.
Mr. Cass advocated the appropriation. He argued for it on the
ground o^ expediency and CONSTITUTIONAL RIGHT. He.
denied that they vvere legislating for raere local views. It was the
duty of Congress to legislate with a regard to local as well as
general interests. He contrasted the iraportance of harbors on tbe
lakes with the rivers. On the Mississippi and great western rivers,
every species of craft could land at any point. But on the lakes,
the God of nature had iraposed the raost forraidable difficulties.
He hiraself was once shipwrecked near the town of Cleveland, and
saved his life at irarainent hazard. He alluded to the comraerce
of the lakes. — Last year the nuraber of vessels of afl kinds naviga
ting the lakes was four hundred and ninety-five, and thirty were
budding. Thirty-six vessels had been driven ashore — twenty total
wrecks, and four had foundered.
The vote was reconsidered, yeas 32, noes 19. Gen. Cass vo
ting for the re-consideration. The further consideration of the
bill was postponed."
" July 23 — Mr. Dix raoved that the Senate resurae the consid
eration ofthe River and Harbor appropriation bill.
Mr. Atherton offered an araendraent : Provided that no moneif
shall be drawn from the treasury on account of any appropriation
contained in this Act, unless the revenues of the government shall
be sufficient to pay the current expenses of the year without resor
ting to treasury notes or loans.
22

338 LIFE of GENERAL CASS.
On the amendment, Mr. Atherton demanded the ayes and noes,
which being called, the amendment was lost — ayes 18, noes 33."
Gen. Cass voting in the negative.
After offering and discussing various amendments, upon which
Gen. Cass invariably voted to sustain the bifl, the question was
taken upon ordering the bill to a third reading — which vvas done,
ayes 34, noes 16. Gen. Cass voting in the affirmative.
The bill was then by unaniraous consent read a third time and
passed. Gen. Cass voting for the passage 6f the bill.
Here then it is established by indisputable evidence, that Gen.
Cass has advocated in his speeches and supported by his votes,
appropriations by Congress for the improvement of our Rivers and
Harbors. And it will be borne in mind that he voted against Mr.
Atherton's amendment, which was intended to, and would if adop
ted, defeat the operation of the bfll.
In further illustration of the construction held by Gen. Cass, as
to the constitutional power of Congress to make grants for specific
improvements, where the benefit wfll accrue to the country in gene
ral, the foflowing extracts are taken frora his reraarks in the Sen
ate, Aprfl 29th, 1846, in support of the bill to grant alternate sec
tions of public land to the State of Michigan, to eoraplete certain
works of internal iraproveraent. Upon the point of constitutional
right, he said : —
"As to the question of constitutionality raised by the Senator,
[Mr. NiLES, of Connecticut,] it has no application here. It will
be recollected that the Government of the United States has double
functions to perforra. By the constitution it raanages the external
concerns of the country, and those internal concerns which natu
rally arise out of the relations which the States bear to one anoth
er. The General and the State Governments are kept distinct and
independent of each other. And in the practical exposition of
the power of Congress, it ought to become a fundamental princi
ple, that a strict construction shall be adopted, so that no authori
ty not clearly granted, or not actually necessary to carry clearly
expressed powers into effect, shall be assumed by it. And here
lies the difficulty which has always been felt in the exercise of cer
tain functions by Congress which interfere vvith the State sover
eignties ; and which are not among the express powers enumera
ted in the Constitution, such as the making roads, &c. But the
General Government possesses another function besides that of
special law making. It is a great land-owner, holding and having
held more than one-half of the Union, and expressly empowered
by the Constitution to" dispose of and make, afl needful rules and
regulations respecting the territory or other property belonging

LIFB OF GENERAL CASS. 339'
to the United States. Here is an unlimited authority enabling
Congress to take any course it thinks proper concerning the pub
lic lands. Whfle the jurisdiction as well as the title is in the Uni
ted States, this power is unliraited. After the establishraent, how
ever, of State Governraents, the ordinary jurisdiction passes to
the State authorities, and the power of Congress ceases as a law->
maker, except in those cases provided for by the Constitution; and
in other cases it retains only its power as a land-owner. It has
got the authority to make all needful rules and regulations for the
dispbsition of its property, and to dispose of it just as it pleases,
restrained only by a wholesome discretion. And our statute books
are filled with legislation upon this subject.
******
Let us not be told, as we have been told, that it is not for the
Government to take any measures to encourage the progress of
settlement. What would this country now be, if the Alleghany
bounded the Republic? What would be its prospects, if an in
terdict were laid upon the further advance of its citizens? How
long before the scenes which affiict huraanity in the old world, and
every day threaten its repose, would be transferred here ? How
long before a dense population would be seen seeking uncertain
employment, and would find a scanty subsistence, and that not
without the aid of public bounty, barely sufficient to prevent star
vation ? When the population of a country is surrounded by such
circumstances, the evil becomes, a social and not a political one —
incurable, without an entire reorganization of society. Strong
minds, pressed down by adverse difficulties, make themseKfes felt
in efforts directed against the Governraent. The acquisition of
property is utterly beyond the reach of the great masses. Life
holds out no hope of a comfortable support in its decline. Here
strong minds and strong passions may receive a different and safe
direction. They have no reason to wage war against social or po
litical systeras. A moderate share of industry will give to every
man a farm, on which he can sit dovvn and surround himself with
his faraily. Land-owners, as a class, are unknown in this country.
We are all stimulated by the hope of those rewards which are
within the reach of all. Our extensive domain invites enterprising
young raen to occupy and iraprove it. Instead of being shut up
in cities, and employed in manufactories, and witnessing the scenes
which such a state of things bring with them in Europe, and may
eventuafly bring with them here, they seek new homes in the
West, acquire land, and have thus a most permanent interest in
the prosperity of the country.
Mr. C. said that, in his opinion, one of the first elements in the
safety and stability of our institutions was this very power of emi
gration and settlement. Many a strong mind, which might excite
difficulties if kept down by adverse circumstances in the midst of
a dense population, finds free scope for enterprise and exertion in
the vast domains of the West. And for long generations to come,

340 LIFE OF GENERAL CASS.
whflst this outlet is open, and these rewards thus held out, he belie
ved we had nothing to feac for the permanency of our institutions.
Mr. C. did not consider it necessary to advert to other considera
tions connected with the growth and progress of our Republic.
These are sufficiently obvious, and find sufficient response in 'eve
ry American heart.
Upon a more recent occasion, and just prior to the meeting of
the Baltimore Convention of 1848, before which it vvas well un
derstood that Gen. Cass would be a candidate, he advocated and
voted for a grant to the State of Illinois, of the right of way, and
a donation of public lands for making a Raflroad connecting the
upper and lower Mississippi with the chain of northern lakes at
Chicago. Advocating the bill in fhe Senate, he said : —
" As I intend to vote for this bifl, I wish to say a very few words
in regard to it. The subject has been often before the Senate ;
and the Senator frora Connecticut, [Mr. Niles,] has as often re
iterated his scruples, taking the sarae ground that he has taken to
day, and carefuUy avoiding the grounds upon vvhich the bfll rests.
This bill does not touch the question of internal improvement at
all. It asserts no right on the part of this government to lay out
a road, or to regulate the construction of a road. The federal
governraent is a great land-holder; it possesses an extensive public
domain; and we have the power, under the constitution, to dispose
of that domain ; and a very unlimited power it is. The siraple
question is, what disposition we raay make of the public lands 1
No one wfll contend for the doctrine that we cannot give them
away to a State. As the senator from Kentucky has said, every
President has signed bills asserting the principle that these lands
may be disposed of by the general government, without restric
tion as to the purpose of such disposition. We .may bestow them
for school purposes, or we may bestow a portion for the purpose of
iraproving the value of the rest. What right have you to sit stfll
and see your lands growing in value, through the instrumentality
of individuals, without rendering any aid in furtherance of that
object ? It is the setfleraent of the lands that makes them valua
ble. It is the settler who converts the howling wflderness into
fruitful fields. It is the labor and enterprise of the settler that has
given you in the west a raagnificent erapire, and one which has
arisen within so brief a period that it is alraost incomprehensible.
When I told the story in Europe that I had crossed the Ohio when
there were scarcely twenty thousand people in that country, and
that it now contained five millions, they did not laugh in my face,
to be sure, but they did not believe what I said. There is no par
allel in the history of man — no such splendid tribute to human in
dustry and enterprise — since the first man went out of the garden
of Eden. It is not twenty-five years ago that I sat all night in a

LIFE OF GENERAL CASS. 341
canoe at the head of the pond at Chicago, there being no human
habitation in which we could obtain shelter from the mouth
of the Illinois to the mouth of the Chicago river ; and now it is
one of the great highways of travel between the northern lakes
and the ocean. Sir, I hope the gentleman will put this upon its
true ground, leaving out the constitutional question, and taking
alone into consideration what is your duty as land-holders in a new
country — a country, too, which raust derive its iraproveraent from
the industry and enterprise of your own population, where every
stroke of the woodman's axe redounds to your advantage. The
man who sits down with his famfly in the wilderness to make for
himself a home, evinces more raoral courage than the raan who
goes into batfle. No raan who has not experienced the difficulties
and dangers he has to encounter, can estiraate thera. I appeal to
the senator frora Connecticut to look at it in this point of view.
He is frora an old country, where such iraproveraents have been
ready made to his hands by his great-great-grand-father. Roads
have been made and bridges built for his accomraodation ; but he
must recollect that his coteraporaries, his friends around him, his
chfldren, perhaps, are going into this new country, and enduring
privations to make that valuable which was not so before."
Much ofthe misrepresentation of Gen. Cass' views on this ques
tion, is the result of studied and designed purpose on the part of
his political opponents. There are persons so entirely inimical to
any measure vvhich receives the sanction of the democratic party,
that they oppose what their better judgraent convinces them to be
right. Frora a feeling of this kind, an atterapt was raade in 1847
to corarait the people of the West, living on the borders of the riv
ers and lakes, to a disavowal of the doctrines of the democratic
conventions, on the right of Congress to prosecute internal ira
proveraents. For this purpose a convention of persons from all
parts of the Union, was called and held at the city of Chicago, in
Iflinois, in July, 1847. The delegates to this convention, were
self-appointed, and it was qf course numerously attended. , The
ultimate object of the convention was, to bring into disrepute the
practice of the deraocratic party, by procuring a vote of disappro
val in the convention, which would have the appearance of being
sustained by a portion at least of the democratic party. The dis
tinguished men of all parties were invited to be present, by a com
mittee of arrangements. To these invitations, answers in writing
were returned. A number of the raost eminent whig leaders, dis
cussed the question at length, in their replies. Before the con-

342 LIFE OF GE.NERAL CASS,
vention met, (he intentions pf those vvho vvere most active in calling
it, became manifest ; and numbers of democrats, friendly to the
ostensible object of the convention, declined participating, when
they learned the real purpose for vvhich it was projected. It is
true that the convention did not assurae an entire party character,
but that was owing raore to the firra resistance of fhe democrats,
who were there, than to the wishes or intentions of the chief mo
vers in the affair.
With other distinguished men. Gen. Cass was invited to attend
the convention. In addition to prior engagements, preventing his
acceptance, he declined being present, because it was his opinion
that the object of it vvas political, and entirely incompatible with
his views and practice, and that its labors would not effect any
benefit. He considered that no useful plan of action could be de
vised or adopted by a large assemblage, among whom great differ
ences of opinion existed, in a tirae of great political excitement,
gathered frora all sections of the Union without liraitation as to
nurabers, and possessing no degree of responsibility for the wisdom
or futility of the plans it might propose.
Gen. Cass, in a brief letter to the gentleman who invited him,
informed hira of his inability to attend. This letter, subsequently,
forraed the text for a vast araount of political badinage and wit, as
well as of serious arguraent in opposition to Gen. Cass. Perhaps
no four lines were ever written, which have been the subject of so
much perversion. It was circulated in every possible shape, frora
one end of the Union to the other, during the Presidential cam
paign of 1848, as an evidence of the hostflity of Gen. Cass to har
bor and river improvements. The letter does not contain one syl
lable on the subject, and any inference of opinion, founded upon
it, is unfounded and unwarranted. There vvas no occasion for an
expression of opinion, nor was one raade. A man less scrupulous
about obtruding his personal sentiments upon the public, than
Gen. Cass, might have seized upon the opportunity of avowing un
asked, his private views ; but such an answer, to a simple invita
tion to attend a public meeting, it must be admitted, would be in
bad taste. The letter itself, which follows, shows to what extent,
partizan zeal, can misrepresent the plainest and raost intelligible
stateraent : —

^ LIFE OF GENERAL CASS, 343
• Detroit, May 17th.
Dear Sir, — I am much obliged to you for your kind attention in
transmitting me an invitation to attend the Convention on internal
improvements which wfll meet in Chicago in July. Circumstan
ces, however, wfll put it out of my power to be present at that
time. I ara, dear sir. Respectfully yours,
LEWIS CASS.
That there raay be no raisconception of the views of General
Cass on this great question, the following extracts are inserted from
his speech, delivered in the Senate at the close of the session of
Congress, in March, 1851, on the River and Harbor Bill:
Mr. Cass said :
Mr. President : — As there is not as much noise and confusion
here as I found elsewhere upon a certain raeraorable occasion, the
iraportant circurastances of which have passed into history, I trust
I shall raeet with no difficulty in the expression of ray views upon
this occasion. I do not propose to touch the constitutional ques
tion involving the powers of the General Governraent in relation
to the objects of this bill. I shall content rayself with quoting an
authority, which expresses ray sentiraents upon the subjeot better
than I could do it rayself I have been challenged by an admin
istration journal in this city to corae out with my real views — not
by the National Intelligencer, which is a paper conducted vvith
equal taste and talent, and whose editors possess characteristics
which coramand the respect and regard of all who know them —
but I repeat, I have been challenged to disclose my real views, as
though I had heretofore carefully concealed them until this tirae.
I have never concealed thera, sir, either by writing my far-famed
letter to the Chicago Convention, or by declining to enter into the
discussion of political subjects at Cleveland. As to, tbe letter, the
coraraents upon which constituted the sraallest garae, that was ever
played by a great party, but little is necessary to be said. I was
asked to attend the Chicago Convention, and that was all I was
asked. I said I should not go, and that was all I said : and this
direct and laconic answer has been raade the foundation of a thou
sand misrepresentations, as though a refusal to attend that meet
ing were the adverse expression of my opinion upon a great con
stitutional question. ,Novv, sir, I did notgo for two reasons : first,
because I believed, and yet believe, that raany, not all, indeed, of
those who were concerned in this scherae, got it up for the pur
pose of injuring Mr. Polk and the Deraocratic party ; and second
ly, because I did not think, that the asserablage of politicians from
large districts of country to devise plans for extensive improve
ments of this nature, where there is no true responsibflity, and
where a result is too often obtained by mutual arrangeraent and
bargain, vvould do any good. And so it proved, for vvho has seen

344 LIFE OF GENERAL' CASS.
the first beneficial consequence follow frora that Convention ? So
much for ray Chicago letter.
* * * * * * *'* * *
Now, sir, if there are any public men, who above almost all
others, could neither deny nor conceal their opinions upon this
whole subject, I may claim to be one of thera. During the Ad
ministration of General Jackson, I was atthe head of the War De
partraent, between five and six years, and ara responsible for all
the estimates sent to Congress, and upon vvhich the several acts
of appropriation for river and harbor iraproveraents vvere based ;
and for the two sessions of the Senate, since I have been a mem
ber, during wbich bills have passed for these objects, I have advo
cated and voted for thera, and stated fully and repeatedly, as I do
now, the principles of ray action. Who but the veriest tool of
party, and for the worst purpose, could represent rae, under these
circumstances, as endeavoring to conceal my views, or to deceive
the country, as to their extent or limitation ? The bird of the
desert, that hides its head in the sand, and strives thus to elude
observation, would be the very emblem of wisdom, when compared
with the efforts thus charitably attributed to me.
Now, sir, vvhat are my views? And to this plain question, I
shall give an answer equally plain. They are to be found in the
paper I hold in ray hand, being an extract frora the annual mes
sage of General Jackson of 1834. I vvas at that time a raeraber
of his Cabinet, and was consulted by hira in relation to this expo
sition of his opinions, and I concurred in thera then, and have pre
served ray fealty till this day :
" There is another class of appropriations for what may be call
ed, without irapropriety, internal iraproveraents, which have al
ways been regarded as standing upon different grounds frora those
to which I have referred. I allude to such ashave for their object
the iraproveraent of our harbors, the reraoval of partial and terapo
rary obstructions in our navigable rivers, for the facflity and secu
rity of our foreign commerce. The grounds upon which 1 distin
guished appropriations of this character frora others have been
stated to Congress. I will now only add, that at the first session
of Congress under the new Constitution, it was provided by law,
that all expanses vvhich should accrue frora and after the 15th day
of August, 1789, in the necessary support and raainfenance and
repairs of all light-houses, beacons, buoys, and public piers, erect
ed, placed, or sunk, before the passage ofthe act, within any bay,
inlet, harbor, or port of the United States, for rendering the navi
gation thereof easy and safe, should be defrayed out of the Trea
sury ofthe United States ; and further, that it be the duty of the
Secretary ofthe Treasury to provide by contracts, with the appro
bation of the President, for rebuflding when necessary and keep
ing in good repair the light-houses, beacons, buoys, and public
piers, in the several States, and for furnishing thera with supplies.
Appropriations for sirailar objects have been continued frora that

LIPE OF GENERAL CASS. 345
time to the present without interruption or dispute. As a natural
consequence of the increase and extension of our foreign com
merce, ports of entry and delivery have been multiplied and estab
lished, not only upon our sea-board, but in the interior of our coun
try, upon our lakes and navigable rivers. The convenience and
safety ofthis coraraerce have led to the gradual extension of these
expenditures; to the erection of light-houses, the placing,, planting
and sinking of .buoys, beacons, and piers, and to the reraoval of
partial and teraporary obstructions in our navigable rivers, and the
harbors upon our great lakes, as well as on the sea-board."
I repeat, sir, this succinct exposition contains the principles of
my opinions and action. I do not pretend, nor did General Jack
son, that no doubt can arise in their practical application. That
would be a cbndition, not compatible with the imperfection of hu
man language. Uncertainty enters, raore or less, into all the de
partraents of legislation, and, perhaps, into none raore inevitably,
than the great branches of public expenditure. Constitutions can
not establish regulations, as rigid as a raathematical problem, nor
is there a solid wall of raasonry, to which the legislator can go in
all cases, and find hiraself warned, by coraing in contact with it,
that he is atthe boundary of his authority, and can proceed no fur
ther. A liabflity to abuse power is inseparable from the grant of
it, and all the cautious statesraan can do is to prevent this, as far
as possible, by fencing round the depositaries of authority with
such checks and liraitations as, without destroying the object, may
tend to render its attainraent the safer. General Jackson endeav
ored to do this by adopting as a rule for hiraself, not to sanction
appropriations for river iraproveraents, above the highest ports of
entry. He thus states, in the sarae raessage, his views upon this
branch of the subject :
" Although I have expressed to Congress ray apprehension that
these expenditures have sometimes been extravagant and dis
proportionate to the advantages to be derived from thera, I have
not felt it to be ray duty to refuse my assent to bills containing
them, and have contented myself to follow, in this respect, in the
footsteps of all my predecessors. Sensible, however, frora expe
rience and observation, ofthe great abuse to which the unrestrict
ed exercise of authority by Congress was exposed, I have prescrib
ed a liraitation for the governraent of ray own conduct, by which
expenditures of this character are confined to places below the ports
of entry or delivery established by law. I ara very sensible, that
this restriction is not as satisfactory as could be desired, and that
much erabarrassraent raay be caused by the Executive Departraent
in its execution, by appropiations for reraote and not well under
stood objects. But as neither my own reflections nor the lights I
may properly derive from other sources, have supplied me with a
better, I shall continue to apply ray best exertions to a faithful ap
plication ofthe rules, upon which it is founded."
It wfll be seenthat the limitation he lays down is not a constitu-

346 LIFE OF GENERAL CASS.
tional one, but was adopted for his pwn personal guidance, to
guard the raore certainly the public interest.
Another erainent statesraan, lately in the raidst of us, but whose
brflliant career has recently terrainated in death, equally to the re
gret of his friends, who adraired him, and of his country, whom he
served, with as pure a devotion as ever inspired a human breast,
and whose mighty intellect and spotless integrity none questioned
or doubted, he, also, gave us his views upon this general subject,
and very elaborately, in his celebrated report on the memorial of
the Memphis Convention. He concedes fully the right of harbor
and river improvements, as that document shows, and a short ex
tract from it wfll put us in possession of his general sentiraents.
" Having now shown that the power to raise raoney and to ap
propriate and expend it is confined to carrying into execution the
delegated powers, it reraains to be considered whether there is any
power delegated tothe Federal Governraent, the carrying of which
into execution would authorize appropriations and expenditures
for the improvement of the navigation of the Mississippi and its
waters ?"
" But there is not the least probability," continues Mr. Calhoun,
" that Congress will ever abandon the e.xercise of this power, (the
povver to improve rivers and harbors.) It has not only the right,
as has been shown, but it is its duty to exercise it ; a duty, under
the Constitution, to the States immediately interested, and which
are, by one of its provisions, prohibited frora adopting the only
means by vvhich they could theraselves regulate their coramerce
with each other."
Mr. Calhoun also sought a practical limitation to this povver to
improve rivers, for with respect to barbers, he left it wholly to le
gislative discretion ; but he sought it, not in self-iraposed restric
tions, but in the Constitution itself, independent of the power to
regulate coraraerce, which, in my opinion, is the only true founda
tion, as it is also the only actual liraitation of this povver. I shafl
not enter into an examination of this State paper, marked with the
powerful characteristics of the author ; nor could I do so, without
injustice, for it is some years since I examined it with care. I
will only reraark, that it denied the power to Congress to iraprove
rivers, running through one State, or running through or bounded
by two States, on the ground, that in the former case the State it
self is competent to improve thera, without any other action than
its own ; and in the latter case, that two States interested may,
with the sanction of Congress, enter into a convention for their ira
proveraent. But fhat a river penetrating more than two States
cannot be iraproved by joint action, as there are no raeans to obtain
it under the Constitution, and raust be iraproved by the General
Government. It is obvious, that this rule has no relation to the
size or importance ofthe river, but to political considerations, whol
ly independent of its magnitude or value.
It places in the same category the Connecticut and the Mississip-

LIFE OF GENERAL CASS. 347
pi, whfle it excludes other rivers vastly exceeding the forraer in
every utflitarian point of view, some of which are among the great
est of our coraraercial arteries. Without pursuing this view, how
ever, I will content rayself with remarking, that the error of this
construction seems to me to be this, that it assuraes, that the ira
proveraent of rivers raust take place, and that where it cannot be
effected by the States theraselves, it may and raust be done by the
United States. It strikes rae, that such a view is irreconcilable
with the fundamental principles of our Governraent. It would
make the General Governraent a kind of residuary legatee, having
a reversionary right to afl power, not otherwise disposed of The
reverse, I take it, is the true and settled doctrine — that to the States
and the people belong all the powers, not granted by the Consti
tution. If a power is not found there, however necessary it raay
be, it cannot'be assuraed by Congress. Were there no authority
to declare war, raaintain an array, or to equip a navy, these acts
could not be done, whatever pressing emergency might arise, tfll
the necessary authority were granted. I repeat, that it is some
time since I looked over this docuraent with care, and I can there
fore only state the general irapression, it left upon ray raind.
Now, sir, the honorable Senator frora South Carolina [Mr. But
ler] has referred, rather triuraphantly, I thought, to the resolutions
ofthe Baltiraere convention, and seeras to suppose, that their faith
ful observance would prevent those of us, who acknowledge their
obligations, frora voting for any river and harbor bill. Mr. Presi
dent, for one, I see neither difficulty in the case, not inconsisten
cy in the course. This resolution, disavowing the right to estab
lish a general systera of internal iraproveraents — for that is the doc
trine reproved — was first presented to the Deraocratic party by that
able and incorruptible statesraan, Sflas Wright, whose raeraory is
erabalraed in the heart of every true deraocrat. Well, sir, he, its
acknowledged father, held at the tirae he urged it, and continued
to hold tfll his laraented death, the sarae opinions upon this sub
ject, which are now sanctioned by the Deraocratic party, and which
authorize these appropriations for certain national objects. Can
a doubt rest upon the raind of any raan, fairly disposed, respecting
the construction he put upon his own declaration? What he raeant,
and what the deraocratic party raean to repudiate, is the power to
spread a great systera of public works through the whole country,
embracing roads, canals, rivers and harbors, and ponds, too, for
aught I know — a system by which the Union was to be covered
with roads and canals, as by a net-work, and whose consequences
as well financially, in the enormous expenditure it would entafl, as
morafly and politically, by the corruptions it would lead to, no raan
can seriously contemplate vvithout alarra.
*******
With respect to harbor iraproveraents upon the great lakes, in
which ray constituents feel a deep interest, I may be permitted, 1
trust, to make a few remarks. It is the exercise of a power essen-

348 LIFE OF GENERAL CASS.
tial to the prosperity of the country, and necessary to prevent a
prodigal waste of human life. When I first removed to that re
gion, there was but one natural harbor free from a bar between the
mouth ofthe Detroit river and Black Rock, the whole extent of
Lake Erie, and that was at Put-in-Bay Island. How this great
defect was to be remedied was a subject of anxious inquiry ; for
almost every day deraonstrated, both the danger and the difficulty
ofthe navigation. I have never been exposed to raore peril, than
at Cleveland, where I was driven ashore, and narrowly escaped
with my life; the mouth of the river being entirely closed. At
length the plan of budding piers was suggested and adopted, by
which the current of the rivers, being confined within narrow lim
its, they were thus enabled, when high, to sweep away the bars,
and so to create and preserve navigable channels. Experience
soon carae in aid of the systera, and it is now found effectual for
its objects It must be recollected, that storms arise violently and
suddenly upon those great fresh-water seas ; and as there is not
sea roora, as saflors say, to work a vessel off, she must often perish
with cargo and crew, unless there is a harbor near, in which she
can take refuge. And these circumstances render a greater num
ber of ports necessary, than would otherwise be required. But as
it is, and with all the iraproveraents, which" have taken place, the
statistics ofthe lake comraerce for 1850 exhibit a most lamentable
loss of life and property, as the following abstract will show :
Loss pf life - - - - - - 395
Loss of property - - - - $558,000
Number of vessels lost - .... 33
The value of the property and number of persons running this
risk are stated as follows :
"Value of the comraerce - - - - $191,000,000
Passengers - - - - 355,000
American tonnage ..... 167,000
Here, sir, is an exhibit of danger great enough to awaken the
solicitude and coraraand the active attention of the most careless
legislature. I can never surrender a principle, which enables the
governraent to discharge a sacred duty, dear to all ray constituents;
and I should faithlessly discharge ray obligations to them, (and
those obligations are raany and great,) if I did not use all ray ef
forts to have this trust fulfifled by the general government, so far
as I can consistently with the constitution and the true principles,
of sound legislation. *****

CHAPTER XV
Gen. Cass' sympathy for the patriots ofthe old world — His readiness to welcome
them to the United States — His participation with the Citizens of Washington,
in expressing their congratulations at the success of the people of France in the
late Revolution — Extract from his remarks on that occasion — His vote in the
Senate on the resolution of congratulation — His resolution to suspend diplom
atic intercourse with Austria — His remarks on the Bill offering aid to Ireland —
His vote on the Bill — He supports the Bill authorizing the temporary occupa
tion of Yucatan.
The oppressed inhabitants of the tyrannous governraents of the
old world have ever received from Gen. Cass his warmest sympa
thies and friendly exertions in their behalf Willing to see the
blessings of liberty, of free institutions and of civil and religious
freedora enjoyed by all his fellow men, he has boldly stood forth,
when others hesitated, and held out the hand of fellowship to the
exfle. Tyranny, in any forra, whether it binds the body in raana-
cles or closes the free utterance of the minds' thoughts, finds in
hira an uncorapromising opponent. A witness of the sufferings,
the wrongs and injustice borne by the king-ridden countries of Eu
rope, where the people are but raechanical puppets, yielding obe
dience to the wfll of their raonarchs, and kept in subraission only
by the physical force of standing arraies, he could well understand
how grateful to the fugitive to this asylura for the oppressed, is the
word of welcome and the hand of friendly greeting ; and when
occasion offered no one has been raore prorapt to give public
manifestations of that glorious impulse which would extend the
area of freedom or render assistance to those struggling to obtain
their rights and free themselves from the bondage of flagitious des
potism. Let the shouts for freedom be heard in any quarter of
the Old World, and he stands ready to send back its echoes from
the New — to send to the brave patriots of other lands, the sym
pathies and encouragement of twenty mfllions of American free
men. When the tidings reached this country of the late revolution in
France, of the overthrow of the dynasty of Louis Phfllippe, after the

350 LIFE OF GENERAL OASS.
struggles of eighteen years to bufld it up, he met with the citizens
of Washington to rejoice in the success which hurled from power
the ambitious and grasping Citizen King, and restored to the pos
session ofthe masses their rightful sovereignty. He addressed the
meeting on that occasion, taking a brief review of the conditions
of the European governraents — the efforts of the people to estab
lish their freedora and assurae their proper part in adoptifig for
their own governance a system founded on equality an^ justice,
and in such form as would most surely ensure their safety and hap
piness. He traced the revolutions of the continent to their sources,
to the abuses and oppressions which, for centuries, had been en
grafting theraselves upon those governments. The origin of the
late movements in favor of liberty, he traced to the avowal by the
present Pope, of his attachment to free principles. " One of the
strangest events," said Gen. Cass, in the course of his reraarks,
" in this day of great events, is the origin of these raovements in
favor of liberty upon the continent of Europe. Whence came
they ? From the Eternal city — from the head of the Catholic reli
gion — the successor of St. Peter. Imraediately on his elevation to
the Pontificate, the Pope avowed his attachraent to free principles,
and frora the Vatican went out the decree, which is now spread
ing through the earth. The Pontiff, who holds the keys of St.
Peter, has found a key to unlock the recesses ofthe huraan heart.
His moral courage was but the more tried by the difficulties of his
position. The abuses of the government were the work of ages,
and had entered into all the habits of life and the ramifications of
society ; and he was surrounded by despotic governments, jealous
of the flrst aspirations of liberty, and maintaining their sway by
powerful armies. The Austrian, too, with his Pandours and his
Croats frorn the banks of the Danube, had descended the ridges
of the Alps, and had spread hiraself over the sunny plains of Italy.
Almost in sight of the dome of St. Peter's, he watched, with in
terest and with many a threatening word, the progress of the Pope,
But the work went on. Naples is in a state of revolution ; Tus
cany and Sardinia in a state of reforra ; and France of apparently
peaceful progress in the new career opened to her."
He also supported and voted for the resolution, tendering the
congratulations of Congress, in the name and behalf of the Ameri-

LIPE OP GENERAL CASS. 351
can people, to the people of France, upon the success of their ef
forts to consolidate the principles of liberty in a republican form
of governraent.
It was from the same desire to spread free principles and en
courage the reformers of Europe, that Gen. Cass supported the
proposition to send a Minister to the Papal States. Circumstan
ces had occurred which contributed to awaken an interest in the
political condition of the Pope's dominions, England, too, was dis
cussing the propriety of having an acknowledged representative
at the Papal court. The United States had commercial relations
with that government, and raany of her citizens were residents
within the jurisdiction of the Pope. For the protection of these
interests. Gen. Cass argued that policy and wisdora required that
our governraent should have a representative there also.
The struggles of the brave Hungarians, to resist Austrian ag
gressions upon their constitutional rights — the unfortunate result
of those efforts — and the cruelties and barbarities of the Austrian
tyrants, when treachery had given them the power totorture and
murder their victiras, had awakened throughout Christendora
the coraraisseration of civflized nations for the one, and indigna
tion against the other. To Gen. Cass the opportunity seeraed a
meet one, to offer by one strong act of national legislation, the
condolence of a great people to the oppressed, and an expression
of their indignation towards the oppressor. Accordingly, on the
24th of December, 1849, he introduced in the Senate, a resolution
instructing the committee on foreign relations fo inquire into the
expediency of suspending diplomatic relations with Austria. This
resolution he advocated in an eloquent speech, setting forth the
reasons why he proposed such a measure. It was for the purpose
of rebuking, by public opinion expressed through an established
government, in the narae of a great republic, atrocious acts of
despotism, by which human liberty and life had been sacrificed,
under circumstances of audacious contempt for the rights of man
kind and the sentiments of the civflized world, without a parallel
even in this age of warfare between the oppressors and the op
pressed ; that the government of the United States might reflect the
true sentiments of the people, and express its sympathy for strug
gling millions, seeking, in circumstances of peril and oppression,

362 LIFE OF GENERAL CASS.
that liberty which was given to them by God, but wrested from
thera by raan. The effect of such an expression, is beautifully and
powerfully portrayed in the following extract frora his speech, in
support of the resolution. He said : —
" Here is an erapire of freemen, separated by the broad Atlan
tic frora the contests of force and opinion, which seera to succeed
each other like the waves of the ocean in the raighty changes going
on in Europe — twenty raillions of people enjoying a raeasure of
prosperity which God, in his providence, has granted to no other
nation of the earth. With no interest to warp their judgraent ;
with neither prejudice nor aniraosity to excite thera ; and with a
public opinion as free as the air they breathe, they can survey these
events as dispassionately as is corapatible with that natural sympa
thy for the oppressed which is implanted in the human breast.
Think you not, sir, that their voice, sent from these distant shores,
would cheer the unfortunate onward in their work — would encour
age thera whfle bearipg their evils to bear them bravely as men
who hope — and when driven to resist by a pressure no longer to
be borne, to exert theraselves as raen who peril all upon the effort ?
But where no deraonstration of interest on the part of a governraent
is called for by circurastances, a sound public opinion is ready to
proclaim its sentiments, and no reserve is imposed upon their ex
pression. It is coraraon to this country, and to every country
where liberal institutions prevafl, and it is as powerful and as pow
erfully exerted in France and in England as in the United States.
Its effects may not be immediately visible. But they are sure to
come, and to corae in power. Its voice is louder than the boora-
ing of cannon ; and it is heard on the very confines of civiliza
tion. Our declaration of independence has laid the foundation of
mightier changes in the world than any event since the spirit of
the Crusades precipitated Europe upon Asia with zealous but mis
taken views of religious duty."
For the suffering sons of Ireland, Gen. Cass has publicly evinced,
on several occasions, his warm friendship and sympathy. When
famine and disease were decimating that unhappy country ; when
her noble hearted people had no bread, no resources, but to lay
down and die from the cravings of hunger, he came to their aid
with his eloquence and influence in the Senate ofthe United States,

LIFE OF GENERAL CASS. 353
and secured the adoption, by that body, of a bill authorizing the
President to cause to be purchased such provisions as he might
deem suitable and proper, and to cause the same to be transported
and tendered, in the name ofthe government ofthe United States
to that of Great Britain, for the relief of the people of Ireland and
Scotland, suffering from the great calamity of scarcity and famine ;
and also authorizing the President, at his discretion, to eraploy
any ofthe public ships of the United States for the transportation
of the provisions to be purchased as aforesaid ; and appropriating
the sum of five hundred thousand dollars to carry into effect the
provisions of the bfll. Although Gen. Gass was aware fhat many
of his political friends in the Senate, had doubts as to constitu
tional power of Congress to pass such a bill, he gave it his unquali
fied support. The foflowing brief extract will show how deeply
he felt for the sufferings of Ireland's oppressed chfldren — her strong
claims upon the sympathy of the United States — the advantages
we have enjoyed by the imraigration of her industrious, free-hearted
sons, who have added to our numbers, and increased the elements
of our power and prosperity. Mr. Cass said : —
"As one meraber ofthis body, I feel obliged to the senator frora
Kentucky for the raotion he has subraitted, and for the appropri- ,
ate remarks with which he introduced, it. He has expressed my
sentiments but with an eloquence peculiarly his own. While physi
cal want is unknown in our ovvn country, the angel of death is
stryking dovvn the famishing population of Europe, and especiafly
the suffering people of Ireland. The accounts vvhich reach us
from that country, indicate a state of distress, in extent and de
gree, far exceeding any previous experience in modern times. It
is a case beyond the reach of private charity. Its fountains are
drying up before the magnitude of the evfl. It is a national ca
lamity, and cafls for national contribution. The starving miflions
have no Egypt "where they can go and buy corn, that they may
live and not die." Frora our granary of abundance let us pour
forth supplies. Ireland has strong claims upon the sympathy of
the United States. There are few of our citizens who have not
Irish blood in their veins. That country has sent out a large por
tion of the emigrants who have added numbers to our population,
industry and enterprise to our capital, and the other elements of
23

354 LIFE OF GENERAL CASS.
power and prosperity vvhich are doing that mighty work from the
Aflantic to the Pacific, that is already exciting the adrairation of
the Old World, and wifl stiraulate by its exaraple the exertion of
the New. Our population of Irish descent have fought the bat
tles of the country with as rauch zeal and bravery as any class of
citizens ; and frora the heights of Abraham, where Montgomery
fefl, to the wafls of Monterey, their blood has been poured out like
water in defense of liberty.
"We can now send to Ireland, not indeed what she has sent us,
her chfldren — those we cannot part with — but food for their rela
tives, our friends upon whom the hand of God is heavily laid. In
a petition presented yesterday by the senator from New-York, was
a suggestion which I am gratified to find embodied in the bill re
ported by the Senator from Kentucky, and which I should be hap
py to see carried into effect : to employ in the transportation of
provisions such of the arraed ships of the United States as are not
required for the operations of the war. It would be a beautiful
tribute to the advancing spirit of the age. The raessenger of death
would thus becorae a messenger of life; the agents of destruction
agents of preservation ; and our eagle, which has flown above
thera, and carried our arras to the very coast of Ireland, would
then become the signal of hope, where it has been the signal of
defiance. I shall lend the bill my support with pleasure."
The debate on the bifl was continued after Gen. Cass concluded
his remarks, and Mr. Mason, of Virginia, raoved to change its
character, so as to raake it authorize the free transportation of
food to Ireland in national vessels, instead of being a direct grant
of money for the purchase and transportation of provisions. Gen.
Cass voted against this amendment, moved by his political friend ;
and thus showed his preference that the measure should remain a
direct grant of money for relief purposes. Then carae the final
vote upon the bfll, and on the 27th February, 1847, Gen. Cass vo
ted for its passage, as he declared that he should do when it was
first brought before the Senate.
Gen. Cass also supported the bfll to enable the President ofthe
United States to take teraporary mflitary possession of Yucatan.
The executive and legislative departments of that government ha
ving sought the protection of the United States, from the attacks

LIFE OF GENERAL CASS. 35S
of the Indian inhabitants of Yucatan, upon them, Gen. Cass was
in favor of the proposition, both for reasons of humanity and pub
lic policy. Yucatan had also sought the interposition of both Eng
land and Spain ; and the question of interference on the part of
the United States, was closely connected with its policy in regard
to permitting any foreign government to plant its standard on this
continent. On these grounds, Gen. Cass sustained the bifl.

CHAPTER XVI.
^ 'CcKirse of General Gass in the Senate meets with approval from the people — Con
vention at Baltimore in 1848 — Hunkers and Barnburners — Votes in Convention
— Gen. Cass nominated for the Presidency — Reraarks of Mr. Stevenson Presi
dent of the Convention — Gen. Cass' letter of acceptance — Baltimore Resolu
tions — Gen. Cass resigns his seat in the Senate — His reception by the people,
on his route home — Campaign of 1848- -Position of Mr. Van Buren — The Utica
Convention — Buffalo Convention — Bitterness ofthe opponents ofthe democra
tic party against Gen. Cass — Characteristics ofthe contest — Confidence ofthe
¦ democratic party in their candidates.
The course of Gen. Cass in the Senate of the United States
fiOEtributed to increase his farae as a statesraan, and to add new
snd strong proofs ofhis attachraent to his country and her insti
tutions. Every act of his senatorial career — every sentiment ut
tered by him, carried in itself evidence of his nationality as a
legislator. It seems to have been with hira an ever present prin
ciple — that raere expediency or teraporary advantage should never
he permitted to supercede the claims upon his judgraent, of a well
founded and reasonable policy. To raeet the whole question at
aace and decide upon it, in view of all its bearings and consequen-
ees, was considered by him better, than to temporize, and plan and
intrigue to avert until sorae further day, the final result. It was in
this bold and decisive manner that he raet the exciting and perilous
«|ttestion which pervaded the public raind and absorbed public
attention, previous to the raeeting of the democratic Baltimore
Convention of 1848. The democratic party throughout the union
may be said to have been at that time, comparatively unanimous in
the wish that Gen. Cass should be their candidate for the Presi-
d^ency, to succeed Mr. Polk. The numerous manifestations of
public feeling, which by raeans of the public press, circulated
through the country, established the fact, that not only was he the
favorite candidate of the democracy of a majority of the States,
bat of the democratic party within those States respectively. Every
section of the Union, except those States having a distinguished
citizen of their own aspiring to the Presidency, emphatically cal-

LIFE OF GENERAL CASS. 357
led upon Gen. Cass to be their candidate. They had carefiillj
noted his public career, and had not forgotten the noble trait he
exhibited, when in 1844 he took the field, in support of his suc
cessful corapetitor before the convention. His views on the
Oregon question, on the slavery question, on the tariff, on all the
leading raeasures, were well known to be free from sectionalism.
He regarded the entire country as interested in all these questions,
and in acting upon thera he was governed by vvhat, in his judg
ment, seeraed raost beneficial to the whole. Such a raan was most
fit to be at the head of the governraent, at a time when agitation
and party spirit and an unhealthy sentiment on some topics, pre-
vafled. The " Wflmot Proviso " had arrayed in its favor, a num
ber of partisans, and among them a few distinguished and promi
nent democrats, whose previous doctrines and practice had been
diametricafly opposed to its provisions. The excitement on this
question reached such a height in the State of New York that tw©
sets of delegates vvere selected to the Baltimore Convention, one
for, and one opposed to the Proviso. The acerbity of feehng be
tween these two parties was so powerful, that no concession conld
be obtained from either, nor under the circurastances could either
participate in the action of the Convention, consequently Ne'w
York debarred herself frora casting a vote for the deraocratic nom
inee. The Baltiraore convention asserabled on fhe twenty-second of
May, 1848. Hon. Andrew Stevenson, of Virginia, vvas chosen
President. It was resolved that the two-third rule should govern
in the choice of candidates for President and Vice President. Tbe
two sets of Delegates frora New York, claiming seats in the con
vention, the subject was referred to the committee on credentials.
The coraraittee adopted a resolution, not to open the discussicMB
between the conflicting parties for seats in the convention, until
each party should pledge theraselves to abide by the decision of
the convention, and agree to support, by all honorable means, the
nomination made by that body. To this resolution the delegates
selected at the Utica Convention (characterized as Barnburners)
responded that they would not pledge themselves as required bj
the committee on credentials, and that they must be admitted un
conditionally, or not at all.

358 LIFE OF GENERAL CASS.
The delegates chosen by the Syracuse Convention (called H un-
kers) responded, that they acknowledged the right of the conven
tion to settle the question of admissibility — that they wold acqui
esce in the decision of the convention, in determining which del"
egation should have seats therein and that they would support
such nominees as the convention should present for the support
of the democratic party.
The coramitte reported to the convention their proceedings, with
a resolution in substance that the Syracuse delegates were entifled
to seats in the convention.
Leave was granted by the convention to the contesting parties,
to advocate their respective clairas, and gentlemen from both del
egations addressed the convention. Upon discussion and deliber
ation the convention adopted a resolution allowing both sets of
delegates from New York to participate in all the proceedings and
privfleges of the convention and to cast seventy-two votes for the
State, that being the nuraber of delegates from the State of New
York claiming seats in the convention.
The convention being organized, proceeded to nominate a can
didate for the Presidency. On the first ballot, Lewis Cass, of
Michigan, received one hundred and twenty-five votes, being the
votes in part, of eighteen States. James Buchanan, of Pennsyl
vania, received fifty-five votes, being the votes in part, of eight
States. Levi Woodbury, of New Hampshire, received fifty-three
votes, being the votes in part, of twelve States. George M. Daflas,
cf Pennsylvania, received three votes, being part'of the vote ofthe
State of Georgia. On this ballot, the votes of the States vvere di
vided araong the candidates. The whole nuraber of votes cast in
the convention, was two hundred and thirty-six. The number
necessary to a choice, one hundred and fifty-seven, (New- York and
Florida not voting ;) and no one having received that number,
there was no choice.
On the second ballot. Gen. Cass received one hundred and thir
ty-three votes, Mr. Buchanan fifty-four, Mr. Woodbury fifty-six,
and Mr. Daflas three ; — New- York and Florida not voting. No
one receiving two thirds of the votes cast, the convention proceeded
to a third baflot, when Gen. Cass received one hundred and fifty-
nine votes, Mr. Buchanan forty, Mr. Woodbury fifty-three, and

LIFE OF GENERAL CASS. 359
Oen. Worth five. No choice being made, the convention procee
ded to a fourth ballot, when Gen. Cass received one hundred and
seventy-nine votes, out of two hundred and fifty-four, and was de
clared duly norainated by the convention, as the candidate for
President. The announceraent of the result by the president, was
received with enthusiasra and long continued applause ; the entire
convention uniting in one spirit stirring shout of approbation.
The delegates frora those States which did not cast their votes for
General Cass, upon the last ballot, requested that their vote might
be changed, so that the nomination raight be unaniraous. This
was done; and with the exception of one delegate frora Alabama,
and the Florida delegation, the convention was unaniraous in ten
dering a cordial and hearty support to the norainee. The una
nimity with which Gen. Cass was selected by the convention as
the Presidential candidate of the democracy, is alike an evidence
of the extent and substantial character of his popularity, and of
his superior qualifications for the office.
It is a severe but salutary test to which the qualifications of a
•candidate are subjected, when he is brought under the ordeal of a
two-third vote. None but the truly great can successfufly undergo
the scrutiny of its application ; and he who coraes before the peo«
pie, endorsed by its approbation, is most certainly entitled to their
confidence and support.
Frora araong the ablest statesraen in the country, they selected
him whom they deemed most eminently to possess all the requis
ites necessary to constitute a leader ; to whose support the democ
racy could rally with pride and enthusiasra.
Gen. Wifliara O. Butler, of Kentucky, was, at a subsequent ses
sion of the convention, norainated for the Vice Presidency.
The venerable Andrew Stevenson, president of the convention,
in taking leave of it, at the close of its labors, paid the foflowing
brief but expressive tribute to the character and capacity of Gene
ral Cass : —
" I congratulate you," said he, "and the country upon the issue
of your deliberations. I rejoice that you have done that vvhich I
knew you would do — honored yourselves, honored the party, hon
ored the country, by presenting two candidates worthy — most wor
thy — to fifl these high and distinguished stations. Gentleraen, you
have discharged that duty. With one of these norainees, I have

360 LIFE OF GENERAL CASS.
been intimate frora early life. I knovv hira well. I have observed
hira at home and abroad, and I can say, unhesitatingly, that if there
be one raan of stainless character — if there be one man whose
claims to public confidence are founded upon private virtue, that
man is Lewis Cass.
Gen. Cass was notified of his nomination by a written commu
nication from the President and Vice Presidents of the convention,
to vvhich he returned the following letter of acceptance.
Washington, May 30, 184.8
Gentlemen : — I have the honor to acknowledge the receipt of
your letter ofthe 28th instant, announcing to rae that I have been
nominated by the convention of the democratic party its candidate
for the office of President ofthe United States, at the approaching
election. While I accept, with deep gratitude, this distinguished honor —
and distinguished indeed it is — I do so, vvith a fearful apprehension
of the responsibility it may eventually bring vvith it, and with a
profound conviction that it is the kind confidence of my fellow citi
zens, far more than any merit of my ovvn, which has placed me
thus prominently before the American people. And fortunate
shall I be, if the confidence should find, in the events of the future,
a better justification than is furnished by those of the past.
I have carefully read the resolutions of the Democratic National
Convention, laying down the platform of our political faith, and I
adhere to thera as firraly; as I approve thera cordiully. And whfle
thus adhering to thera, I shafl do so with a sacced regard to " the
principles and corapromises of the constitution," and vvith an earn
est desire for their raainfenance '' in a spirit of moderation and
brotherly love, so vitally essential to the perpetuity of the Union,
and the prosperity and happiness of our comraon country ; " — a
feeling vvhich has made us what we are, and which, in humble re
liance upon Providence, we may hope is but the beginning of what
we are to be. If called upon hereafter to render an account of ray
stewardship, in the great trust you desire to corarait to rae, should
I be able to show that I had truly redeeraed the pledges thus pub
licly given, and had adhered to the principles of the deraocratic
party vvith as much fidelity and success as have generally marked
the administration of the erainent men to whom that party has
hitherto confided the chief executive authority of the governraent,
I could prefer no higher claira to the favorable consideration of
the country, nor to the impartial coraraendation of history.
This letter, gentleraen, closes my profession of political faith.
Receiving ray first appointment frora that pure patriot and great
expounder of American democracy, Mr. Jefferson, more than forty
years ago, the intervening period of my life has been almost wholly
passed in the service of my country, and has been marked by ma
ny vicissitudes, and attended with many trying circumstances, both
in peace and war. If my conduct in these situations, and the

LIFE OE general CASS. 361
opinions I have been called upon to express, from time to time, in
relation to the great party topics of the day, do not furnish a clear
exposition of my views respecting them, and at the same time a
sufficient pledge of my faithful adherence to their practical applica
tion, whenever and wherever I raay be required to act, anything
further I might now say, would be a mere delusion, unworthy of
myself and justly offensive to the great party in whose narae you
are now acting.
My iraraediate predecessor in the noraination by the deraocratic
party, who has since established so raany clairas to the regard and
confidence of his country, when announcing, four years ago, his
acceptance of a simflar honor, announced also his deterraination
not to be a candidate for re-election. Coinciding with him in his
views, so well expressed, and so faithfully carried out, I beg leave
to say, that no circurastances can possibly arise, which .would in
duce rae again to permit my narae to be brought forward in con
nexion with the chief magistracy of our country. My inclination
and my sense of duty equally dictate this course.
No party, gentlemen, had ever higher motives for exertion, than
has the great deraocratic party of the United States. With an
abiding confidence in the rectitude of our principles, with an un
shaken reliance upon the energy and wisdora of public opinion,
and with the success which has crowned the adrainistration of the
governraent, when coraraitted to its keeping, (and it has been so
committed during more than three-fourths of its existence,) what
has been done, is at once the reward of past exertion and the mo
tive for future, and, at the sarae tirae, a guarantee for the accom
plishraent of what we have to do. We cannot conceal frora our
selves that there is a powerful party in the country, differing from
us in regard to many ofthe fundamental principles of our govern
ment, and opposed to us in their practical application, which will
strive as zealously as we shafl, to secure the ascendency of their
principles by securing the election of their candidate in the coraing
contest. The party is coraposed of our fellow citizens, as deeply
interested in the prosperity of our coraraon country as we can be,
and seeking as earnestly as we are, to promote and perpetuate it.
We shall soon present to the world the sublime spectacle of the
election ofa Chief Magistrate by twenty mfllions of people, with
out a single serious resistance to the laws, or the sacrifice of the
life of one human being — and this, too, in the absence of all force
but the raoral force of our institutions ; and if we should add to
all this, an exaraple of mutual respect fur the raotives of the con
tending parties, so that the contest raight be carried on with that
firraness and energy which accompany deep conviction, and with
as little personal asperity as political divisions permit, we should
do more for the great cause of human freedom throughout the
world, than by any other tribute we could render to its value.
We have a governraent founded by the wfll of all, responsible to
the power of all, and adrainistered for the good of all. The very

362 LIFE OF GENERAL CASS.
first article of the democratic creed teaches that the people are
competent to govern theraselves : it is indeed, rather an axiora than
an article of political faith. Frora the days of General Hamilton
to our days, the party opposed to us, of whose principles he was
the great exponent, if not the founder — whfle it has changed its
name, has preserved essentially its identity of character ; and the
doubt then entertained and taught ofthe capacity of man for self
governraent, has excited a raarked influence upon its action and
opinions. Here is the very starting-point ofthe difference between
the two great parties vvhich divide our country. All other differ
ences are but subordinate and auxfliary to this, and may, in fact,
be resolved into it. Looking with doubt, upon the issue of self
governraent, one party is prone to think the public authority should
be strengthened, and to fear any change, lest that change might
weaken the necessary force of the government ; whfle the other,
strong in its convictions of the intelligence and virtue of the peo
ple, believes that original power is safer than delegated, and that
the solution of the great problera of good governraent consists in
governing with the least force, and leaving individual action as
free from restraint as is compatible with the preservation of the
social systera, thereby securing to each afl the freedom which is
not essential to the well-being of the whole.
The resolutions referred to by Gen. Cass in his letter and vvhich
he adopts as the exponent of his political creed, to which he would
firmly adhere, and which he cordially approves, are the foflowing:
Resolved, That the American democracy place their trust in the
intelligence, the patriotisra, and the discriminating justice ofthe
American people.
Resolved, That we regard this as a distinctive feature of our
political creed, which we are proud to raaintain before the world
as the great moral element in a forra of government, springing from
and upheld by tbe popular will — and we contrast it with the creed
and practice of federalism, under whatever name or forra, which
seeks to palsy the will ofthe constituents, and which conceives no
iraposture too raonstrous for the popular credulity.
Resolved, therefore. That, entertaining these views, the derao
cratic party of this Union, through their delegates assembled in a
general convention of the States, coraing together in a spirit of
concord, of devotion to the doctrines, and faith of a free represen
tative government, and appealing to their fellow citizens for the
rectitude of their intentions, renew and re-assert, before the Amer
ican people, the declarations of principles avowed by thera, when
on a forraer occasion, in general convention, they presented their
candidates for the popular suffrages : —
1. That the federal governraent is one of liraited powers, de
rived solely frora the constitution, and the grants or power shown

LIFE OF GENERAL CASS. 363
therein ought to be strictly construed by all the departraents and
agents ofthe government, and that it is inexpedient and dangerous
to exercise doubtful constitutional powers.
2. That the constitution does not confer upon the general gov
ernment the power to coraraence and carry on a general system of
internal improvements.
3. That the constitution does not confer authority up on the fed
eral government, directly or indirectly, to assurae the debts ofthe
several States, contracted for local internal iraproveraents, or oth
er State purposes, nor would such assuraption be just and expe
dient. 4. That justice and sound policy forbid the federal governraent
to foster one branch of industry to the detriment of another, or to
cherish the interests of one portion to the injury of another por
tion of our comraon country; that every citizen, and every sec
tion of the country has a right to deraand and insist upon an equal
ity of rights and priveleges, and to eoraplete and araple protection
of persons and property frora domestic violence or foreign aggres
sions. 5. That it is the duty of every branch ofthe government to en
force and practice the raost rigid econoray in conducting our pub
lic affairs, and that no raore revenue ought to be raised than is
required to defray the necessary expenses of the governraent, and
for the gradual but certain extinction of the debt created by the
prosecution of a just and necessary war, after peaceful relations
shall have been restored.
6. That Congress has no power to charter a national bank ; that
we believe such an institution one of deadly hostflity to the best
interests of the country, dangerous to our Republican institutions
and the liberties of the people, and calculated to place the busi
ness ofthe country within the control of a concentrated raoney pow
er, and above the laws and the wfll of the people ; and that the re
sult of deraocratic legislation, in this and all other financial mea
sures upon which issues have been raade between the two political
parties of the country, have deraonstrated to candid and practical
men of all parties, their soundness, safety and utflity in all busi
ness pursuits.
7. That Congress has no power under the constitution to inter
fere with or control the domestic institutions of the several States,
and that such States are the sole and proper judges of everything
in their own affairs, not prohibited by the constitution ; that all
efforts ofthe abolitionists or others made to induce Congress to in
terfere with questions of slavery, or to take incipient steps in rela
tion thereto, are calculated to lead to the most alarming and dan
gerous consequences ; and that all such efforts have an inevitable
tendency to diminish the happiness of the people, and endanger
the stabflity and permanence of the Union, and ought not to be
countenanced by any friend of our political institutions.
8. That the separation of the monies of the government from

364 LIFE OF GENERAL CASS.
banking institutions is indispensable for the safety of the funds of
the governraent and the rights of the people.
9. That the liberal principles erabodied by Jefferson in the De
claration of Independence, and sanctioned in the constitution,
which makes ours the land of liberty, and the asylum of the op
pressed of every nation, have ever been cardinal principles in the
democratic faith ; and every attempt to abridge the present privi
lege of becoming citizens and the owners of soil among us, ought
to be resisted with the sarae spirit which swept the alien and sedi
tion laws from our statute books.
The doctrines of these resolutions have been sanctioned by sev
eral successive national deraocratic conventions, and are the basis
ofthe organization of the deraocratic party of the union. The
principles inculcated in sorae of thera have been, since their pro
mulgation, incorporated in the laws of our country.
Gen. Cass on accepting the noraination tendered to hira, resign
ed his seat in the senate ofthe United States, as Senator of the
State of Michigan, and returned to his residence in Detroit. His
route was one continued scene of greeting and welcome, the spon
taneous offering of a people, of their heartfelt and enthusiastic ad
miration of his conduct as a public raan. Having on every proper
occasion, declared without equivocation or reservation, his politi
cal principles, he deterrained to await in the retirement of his
home, the decision of his fellow-citizens of the Republic, in the
great contest then approaching.
The Presidental carapaign of 1848 wfll long be remembered as
the raost exciting contest that has taken place in our country. The
question of abolishing slavery had become by the artifices and in
trigues of wily politicians involved with the question of admitting
new territories under the protection of our constitution and laws.
A party organized itself upon the basis of non admission of any
new territories, unless the restriction iraposed by the " Wflraot
Proviso'' was incorporated in the act of adraission. No doubt a
large number of those who advocated the doctrine of the Proviso,
were honest in their intentions of putting a lirait to the extension
of slavery, and of confining it within the boundaries where it then
existed, but there were men, vvho stiraulated the advocacy of this
doctrine, and encouraged the organization of a party founded upon
it alone, vvho were not sincere in the position they assumed direct
ly upon the principle of the proviso. The personal friends of a

LIFE OP GENERAL CASS 365
distinguished man, who had been elevated by the democracy to the
highest office in their gift, conceived that latterly, the deraocratic
party had not done justice to his clairas upon their further support,
by refusing to re-norainate him for the Presidency after his defeat
in 1840, resolved that the democratic party of the union, should
feel the mark of their displeasure. To proraote their object, they
seized upon the Proviso, and having constructed upon it an orga
nization separate and distinct frora the two great parties, invited
all whom disaffection, disappointment, or selfish arabition actuated,
to join their standard. A convention was held at the city of Utica
in the State of New York, in the sumraer of 1848, at which Martin
Van Buren was norainated for President. He accepted this nom
ination, although conscious that by so doing he would desert the
standard of principle he had supported through a life of distin
guished public service, and might place in perflous danger the
party which for so niany years had honored hira with their confi
dence. Subsequently to this convention, a general meeting pf this
newly organized political faction was held at Buffalo, New York.
It was composed of the disaffected of the deraocratic and whig
parties, and the abolitionists. The result of the convention,
after much disagreement, was the ratification of Mr. Van Buren's
nomination at Utica, and the nomination of Charles F. Adams, of
Boston, for Vice-President. The latter gentleman, a son of
John Q,uincy Adams, and an hereditary opposer of democracy in
every form, was thus placed by the side of one whose pure
democracy never was questioned until the disorganizing con
duct of his personal friends, in connection with the selection
of delegates to the Baltiraore Convention of 1848, awaken
ed the suspicion that(^' New York's favorite son " bore rankling
in his bosora, in the peaceful quietude of Lindenwald, an inveter
ate resentraent against the deraocratic party. What rendered the
course of Mr. Van Buren more reprehensible than it otherwise
might have been, and confirmed the opinipn that private griefs had
very much to do with his acceptance ofthe Utica noraination, was
the incontrovertible fact, that the doctrines in regard to slavery,
promulgated by the convention of 1848, and cordially supported by
Gen. Cass, were identical in every respect with those promulgated
by the convention of 1^40, which nominated Mr. Van Buren as

366 LIFE OP GENERAL CASS.
the deraocratic candidate for President. And more than this.
The resolutions declaring the sentiments of the Convention of
1840, were previous to its session, prepared by the late Hon. Silas
Wright and subraitted to Mr. Van Buren for exaraination. He
not only approved of them, generally, but suggested, as appears by
a letter of the late Gov. Hifl of New Hampshire, that the resolu
tion relating to the slavery question, shouldbe pointed and unequi
vocal : and upon his suggestion the concluding clause of that
resolution was added to the draft, viz : — " That all efforts of the
abolitionists or others made to induce Congress to interfere with
questions of slavery, or to take incipient steps in relation thereto,
are calculated to lead to the raost alarming and dangerous conse
quences ; and that all sijch efforts have an inevitable tendency to
diminish the happiness of the people, and endanger the stability
and permanency of the Union, and ought not to be countenanced
by any friend of our political institutions."
In Mr. Van Buren's inaugural address, he further sanctioned
the doctrine of the convention, by asserting that he " must go into
the Presidential chair the inflexible and uncomproraising opponent
of every atterapt on the part of Congress, to abolish slavery in the
District of Columbia against the wishes of the slaveholding States.
''It now only remains for me," said he, " to add, that no bifl con
flicting with these Views, can ever receive my constitutional sanc
tion." The platform of doctrine upon which the democratic party of
1840 with Mr. Van Buren stood, the platform of 1844 with Mr.
Polk, and the platform of 1848, with Gen. Cass, were precisely
identical in all those things, which Mr. Van Buren and his friends
supported in 1840, and repudiated in 1848# If the doctrines were
sound in 1840, when Mr. Van Buren pledged himself to their sup
port under all circumstances, what other motive could he have in
1848 to oppose and denounce them, than the sole and personal one
of chagrin and disappointraent, because the democracy wished to
transfer a portion of their confidence to other eminent men, and
afford him the opportunity to enjoy that retirement and repose,
which his years and public services entitled him to.
The regular opponent of Gen. Cass for the Presidency, was
Gen. Zachary Taylor, nominated by a convention of the Whig

LIPE OF GENERAL CASS. 367
party, held at Philadelphia in June, 1848. The mflitary achieve
ments of Gen. Taylor in the war with Mexico, had won for him a
high place in the affections of the people. He was brought for
ward by his friends as a candidate for the Presidency at an early
day. He was not connected with any political party, nor were his
opinions on any of the leading measures generally known. Let
ters from individuals, in different parts of the Union, reached him
in his camp on the battie field, soliciting him to declare hiraself a
candidate for President. To these letters Gen. Taylor replied,
expressing himself ready to receive the votes of any of his feflow
citizens who were disposed to sustain hira. The Democratic party
had chosen their candidate, and were therefore not to be classed
among the supporters of Gen. Taylor. The Whig party were
alone his reliance for a nomination and support, yet he would not,
nor did he from the time his narae was first mentioned in connec.
tion with the Presidency, to the day of his nomination, comrait
hiraself to the support of any of the principles by which that party
was characterized.
By the tirae the Phfladelphia convention assembled, the leaders
of the Whig party, convinced that the elements of discord had
fairly begun to work araong the Deraocratic ranks, and having first
in view, as pararaount to all else, the defeat of Gen. Cass, they
deterrained that it would be better to go before the people with a
candidate who could not be charged with having supported Whig
principles, than one who had been identified with them. Besides,
Gen. Taylor had declared that, whether nominated or not, he
would not withdraw his clairas to the confidence of his fellow citi
zens. Hence he was norainated by the convention, and placed
before the people for their support, on the ground of his railitary
glory and success. The convention neither adopted resolutions
nor an address, but silently hoisted the flag of Gen. Taylor and
adjourned. The convention having made no declaration of principle, and
its candidate, Gen. Taylor, being equally non-comraittal, the con
test assuraed a new character, solely one of opposition to the de
mocratic nominee and the party which sustained him. Thus eve
ry element of opposition could unite in aid of the one controlling
object. No principle being at issue for them to contend for, no

368 LIFE OF GENERAL CASS.
matter how greatly they might differ as party men, they could fight
shoulder to shoulder on the platform of opposition which a combi
nation of circumstances had erected for them. It vvas thus amid
unprecedented excitement and partisan spirit that the contest was
carried on. No means, fair or foul, were left unused, to defeat
Gen. Cass. The Whig party, reafly, did not care whether Gen.
Taylor was elected or not, so long as Gen. Cass was defeated.
That party would have hailed the election of Mr. Van Buren as a
triumph of their ovvn. No event in the political world vvould, at
any tirae, so exasperate the politicians of the Whig party as the
election of Gen. Cass to the Presidency. With such deterrained
and unscrupulous opponents, it was a raatter of no great surprise
that the Deraocratic party was not successful in 1848. A course
of political warfare, until then unknown in party tactics, was
adopted — a disregard of every honorable principle vvhich had ever
before governed the contest of parties for power. The political
opinions of Gen. Cass were raisrepresented in every raanner, the
skfll and ingenuity of his opponents could devise ; his private
character was slandered, and acts of his life, which are generally
considered as conferring honor, and worthy of respect, were turn
ed against hira, and distorted into weapons of injury.
The aggregate vote polled at the election of 1848, for Cass,
Taylor, and Van Buren, was 2,872,000, of vvhich Gen. Cass re
ceived 1,219,962; Gen. Taylor 1,360,752, and Mr. Van Buren
291,342. Mr. Van Buren undoubtedly received a sufficient num
ber of deraocratic votes in the free States to turn the scale in favor
of Gen. Taylor. By this influence the States of New York and
Pennsylvania, in reality Democratic by a large majority, were
made to cast their electoral vote for the Whig candidate, giving
him sixty-two votes in the electoral college. Taking into conside
ration the vote cast for Van Buren, Gen. Cass received a very
large majority of the votes of the people, over Gen. Taylor, but
the majoiity against him in two of the largest States of the Union,
having the greatest electoral vote, gave the preponderance to Gen.
Taylor. It is not the purpose of this work to enter at length into a dis
cussion of the political principles of any party. To mention in
outline the general features which marked the Presidential election

LIFE OF GENERAL CASS. 369
of 1848, is deemed sufficient to convey to the reader a correct
idea of the position of the Democratic candidate in that contest.
The Democratic party, it is true, were defeated, but not on the
ground of their principles or of their candidate. They were sat
isfied of their correctness — were not discouraged by the result —
and maintained without diminution their confidence in and attach
ment for their candidate.

24

CHAPTER XVII
Effects of defeat in 1848 — Increased confidence of the people in the political
views of Gen. Cass — He is re-elected to the Senate — First session ofthe thirty-
first Congress — Importance of the questions before it — The feeling of the south
— Course of ultra politicians — Efforts of Compromise — Propositions of Messrs.
Clay and Boll — Mr. Foote's Resolution — Gen. Cass' remarks — Remarks in re
ply to Mr. Berrien — Report and Bill of committee of thirteen — Amendments to
the bill — Opposition to the admission of California — Remarks of Gen. Cass —
The "Fugitive Slave " bill — Suggestions of Gen. Cass in relation to it — Com
promise measures — Their effects — Efforts of Gen. Cass and other eminent men
to create a sound state of feeling in regard to slavery — His remarks at a public
meeting in the city of IVew York — Extract from his letter to the Democratic
Union festival, at Baltimore — His action on the slavery question approved by
the people — Repeal of Resolutions of Instruction by the Legislature of Michi-
^ igan — Unanimous re-election of Gen. Cass by the Legislature of Michigan, in
February, 1851.
The defeat of the democratic party, in 1848, was the means of
causing a salutary change in the views of many prorainent and in
fluential men, who, in that contest, had either supported with in
difference or openly opposed the majority of their political friends.
An exaraination ofthe real position of the democratic candidate,
tested by cool and dispassionate reason, and confirmed by results,
' convinced them, that the standard he had raised was the right one
for the safety and interests of the country. Investigation produced
conviction, and conviction confidence in the purity of the national
doctrine, upon which Gen. Cass had staked his reputation as a
statesraan, and his success as a candidate for the Presidency. This
confidence was exhibited by the general wish of the deraocratic
party that Gen. Cass should be re-elected to the Senate to fill the
unexpfted portion of his original terra of six years. The legisla
ture of Michigan, of 1849, obeyed the voice of their constituents,
and their political friends elsewhere, and Gen. Cass resuraed his
seat in the Senate of the United States.
The first session of the thirty-first Congress, in 1849 and 1850,
was peculiar for the exciting and important character of the pro
positions brought before it. The^outh had for years complained
of infringement by the north upon their rights as members of the

LIFE OF GENERAL CASS. 371
Union — not only in comraercial matters, but in the more domestic
and peculiar institutions existing among them. The course pur
sued by ultra politicians of both north and south, had its effect in
fomenting a state of feeling, which daily increased in bitterness
and exasperation. 'The wise statesmen of the land endeavored to
avert the evil which they foresaw would inevitably befall the Union,
if the discord and dissension between the north and the south were
not removed. Eminent men, from both sections, united in devis
ing measures calculated to allay the irritation. Several methods
of coraproraise were brought forward, and debated most ably and
arduously, through a session of eight raonths. Messrs. Clay, Foote
and Bell severally proposed terras of coraproraise and adjustraent
of the questions in controversy between the free and slave States,
connected vvith the subject of slavery. The propositions of Messrs.
Clay and Befl, were embraced in a series of resolutions which elic-
ited much discussion. Mr. Foote simply introduced a resolution
to the effect, that it was the duty of Congress, at that session, to
establish suitable territorial governraents, for California, Deseret,
and New Mexico. Gen. Cass supported this resolution, and, as
Mr. Hale,, of Nevv Harapshire, had intiraated that he should raove
the application of the Wflmot Proviso to the resolution, thus bring
ing up again that vexed point for discussion, Gen. Cass availed
himself of the opportunity to express his views upon its constitu
tionality and expediency. Opening his argument with a prelim
inary remark upon the abstract character of the resolution, and
arguing that Congress had not unlimited power of legislation over
the territories ; and drawing a distinction between the right to in
stitute governments for territories, and the right to legislate over
their internal concerns, he said : —
There is no clause in the constitution which gives to Congress
express power to pass any law respecting slavery in the territories.
The authority is deduced from various sources, which I propose
to examine by-and-by. But every construction which would give
to a foreign legislature jurisdiction over this subject of slavery — by
foreign I mean not elected by the people to be affected by its acts,
nor responsible to them — would equally give it jurisdiction over
every other departraent of life, social and political, in the territo
ries : over the relations of husband and wife, of parent and chfld,
of guardian and ward, as well as over the relations of master and
servant ; and embracing, within the sphere of its operations, the

S72 LIFE OF GENERAL CASS.
whole circle of huraan rights,, personal and political — life, liberty,
and property in all their various modes of enjoyment. I say " the
power of Congress over slavery ;" for, if we have power to abolish
it, or to exclude it, we have power to institute it. We possess
complete jurisdiction overi the subject ; for there is no intellect,
liowever acute, which can so lirait the legislative right ,of action,
ifit exist at all, as to apply it to the exclusion of slavery, and with
hold it from its institution. If any one doubts this proposition, let
' Mm turn to the Constitution and show jthe limitation. Before I
«an believe that such a power was granted, so reraote frora the ob
jects ofthe governraent which the fraraers of the Constitution sought
to establish, belonging exclusively to the local questions affecting
the different coraraunities into which we are divided, I raust aban
don raany ofthe illusions I have cherished respecting the wisdom
ofthe statesraen who composed the Convention of 1787.
*******
Reverting to the proposition that Congress has unliraited pow
er of legislation over the territories, the first reflection which strikes
the inquirer, is, that if this power were intended to be granted, no
thing was more easy than for the Convention to place the subject
beyond doubt by a plain expression of the object. Instead, then,
of five or six clauses of the constitution, some with remote relation
Ito the subject, and some with none at all, which are in succession
relied upon as the foundation ofthis power, we should have had a
clear authority for the exercise of one of the highest attributes of
governraent; the highest, indeed, the right of unliraited legisla
tion. The clause raost frequently quoted in support ofthis right
is that which provides that " Congress shall have povver to dispose
of, and raake all needful rules and regulations respecting the ter
ritory or other property belonging to the United States." But I
have no hesitation in saying, that if general jurisdiction over life
and liberty was intended to be granted by this provision, its phrase
ology is little creditable to the person who prepared iter to the body
which adopted it. Heretofore the universal judgraent of our coun
try has pronounced that the Constitution of the United States is
not less admirable for the force and perspicuity of its language than
for the principles it establishes and the government it instituted.
Proper words in proper places have been till now the characteris
tic feature of its mode of expression. But if the power to make
n&edful rules and regulations for the property of the United States
— for this is the grant, and all the grant — conveys full legislative
authority over this property and over all persons living in the same
region of country, raaking raan the raere incident of property, cer
tainly never were words raore unhappily chosen, nor a reputation
for clearness and certainty more unjuhtly acquired. That the con
vention, when they intended to grant fufl legislative power, knew
wbat terms to eraploy, is raanifest frora the phraseology ofthe provis
ion for the governraent ofthe Federal District, and of places ceded
" for the erection of forts, magazines, arsenals, dock-yards, and

LIFE OF GENERAL CASS. 373
Other needful buildings." Here the right to exercise exclusive
legislation is given in express terras, adraitting no doubt, and the
very words are employed which are best adapted to convey the
power intended to be granted, and no other power. When, there
fore, a construction i s put upon the authority to make needful
rules and regulations for property, which carries it far beyond the
obvious import of the words, those assuraing this ground are bound
to explain why sirailar language was not used to grant sirailar pow
ers, and by what j ust rule of iraplication a phrase so limited is made
to convey a povver so unlimited. How is it that, in the same in
struraent, to ex'ercise exclusive legislation and to regulate property
convey equally a general jurisdiction over all the objects of huraan
concern ? No raan has done this. No raan has attempted to do
it ; and it is an obstacle, in limine, vvhich, till removed, is insup
erable. I have looked over the discussions on this subject with a view
to ascertain whence this power is derived by the various speakers
or writers who have faken part in this controversy, and it is not a
little curious to analyze the different opinions, and fo find what
diversity of sentiment prevails respecting the true ground of Con
gressional interposition. There seems to be a sort of consentane
ous adrnission that the power exists, but then comes the diversity
of views when seeking to justify its exercise by the provisions of
the Constitution.
The principal reliance, till recently, for the support of this gen
eral power of legislation has been upon that clause of the Consti
tution already quoted, vvhich authorizes Congress to " dispose of,
and make all needful rules and regulations respecting, the territo
ry or other property belonging to the United States." More re
cently, however, as the subject has been investigated, this clause
has found less favor, and other provisions have in succession becB
brought forward as justifying Congressional interposition.
*******
Much of the confusion which accompanies this subject has ob
viously arisen from the use we now make ofthe word " territory,"
applying it to those political coraraunities which are organized un
der the name of Territorial Governments, and considering it as so
applied in the Constitution. Indeed, so prevalent is this notion
that, in an address ofthe Democratic raembers of the Legislature
of New York, dated in April, 1848, this clause is quoted as though
it read territories or " other property belonging to the United
States;" thus fixing upon the word its acquired political significa
tion. And this exaraple has been followed in the House of Repre
sentatives, where one ofthe raost intelligent merabers says, " the
Constitution speaks of territories belonging to the United States."
This use carae by time, for the ordinance of 1787 obviously em
ployed the word territory as descriptive of a region of country be
longing to the United States, and which had been ceded to them
by the members of the Confederacy. The "western territory"

374 LIFE OF GENERAL CASS.
was its popular designation, and it is thus called in an act of the
old Congress passed May 20, 1785, entitled " An ordinance for
ascertaining the raode of disposing of lands in the western territo
ry." The raeaning is here geographical, and not political ; for no
governraent vvas established there till more than two years after
this period. And the proceedings ofthe old Congress abound with
its use in that signification, proofs of which wfll be found in an act
of Aprfl T3, 1785, in another of May 9, 1787, and yet another of
May 12, of the same year, all before the passage of the ordinance
for the governraent of the northwestern territory. Then came that
ordinance providing for the governraeni of this region of country,
this territory, or land, or domain, as it is indiscrirainately called
in the legislative and other official acts of that period. Its raore
appropriate political designation seems to have been " district,"
for the ordinance commences by declaring " that the said territory,
[or region of country,] for the purposes of governraent, shall be one
district, subject, however, to be divided into two districts, as fu
ture circurastances may, in the opinion of Congress, raake it expe
dient." And these districts were each to constitute a governraent,
with a governor and judges to " reside in the district," who are
to " adopt and publish laws in the district," and eventually, vvith
a partially elestive legislature, having authority " to raake laws in
all cases for the good governraent of the district," &c.
The territory or region of country is thus organized into a po
litical district ; and had these local coraraunities, which we now
call Territories, preserved this terra district as descriptive of their
political organization, or been known as Colonies, the English de
signation for reraote possessions, we should probably never have
heard of the extended construction now given to this power of ma
king needful rules for territory or land, and other property. As
in the Ordinance, so in the Constitution, both adopted in the sarae
year, the word territory retains its geographical signification, and
it was only by tirae and custora that it soraetiraes Came to mean
political comraunities, distinct frora the geographical region where
these are established.. But this use of the term, I repeat, was un
known at the time of the adoption of the Constitution.
What, then, is the true import of this constitutional power, to
make needful rules and regulations for the public property ? If
this were a question of the first irapression, and a construction
were now to be put upon this clause unembarrassed by practice or
precedent, it is so clear in its phraseology and objects, that it is
not probable there would be any diversity of opinion upon the sub
ject. It would be conceded that it gave to Congress power to dis
pose of, use, 'and preserve the public property, wherever situated,
and to exercise any power fairly "needful" to attain these objects.
The slightest analysis establishes this construction. It is property
alone which is the subject of the grant ; and its disposition, and
in connection with that, its use and preservation, are the objects.
The frame of the sentence places this beyond doubt. The phrase

LIFE OF GENERAL CASS.

375

'¦'territory or other property," raakes territory one ofthe classes of
property, andwas doubtless here introduced as far the most irapor
tant of thera, being the Western Territory, the great fund destined
to relieve the finances of the infant Confederation. He who de
nies this, is beyond the reach of phflological reasoning.
# * # * *
Now, it is raanifest that if the power to raake needful rules and
regulations conveys a general grant of legislative authority, then
the express clause for the exercise of jurisdiction with the consent
of the States was unnecessary, and the Governraent of the United
States, wherever it owns property, possesses by the act of owner- •
ship complete legislative jurisdiction within its liraits.
For it is to be observed that this power "to dispose of and raake
needful rules and regulations," attaches to the public property
whether found in the States or Territories, and is the only autho
rity by which the public lands, wherever situated, are sold. And,
consequently, the people living thereon, are subject to Congress
ional legislation, and raay be placed beyond the reach of State au
thorities. Either this consequence follpws, or the very same words,
operating upon the very same subject, convey powers altogether
different. It is under this authority that our whole systera of land laws has
been established ; that land has been surveyed and sold, trespasses
prevented or punished, intrusions prohibited, and the proceeds of
the national doraain realized aud carried to the national treasury.
The laws for these purposes are general in their operation, not ap
plicable to the Territories alone, but erabracing in their action
those portions of all the States where this kind of property exists.
And these laws, passed by virtue of this clause relating to the
public property, cease to operate as soon as the United States cease
to own such property. If a tract pf land, wherever situated,
whether within a State or Territory, is paid for and sold, all the
provisions for the security ofthe United States, arising out ofthis
special clause of the Constitution disappears at once, and the tract
passes into the coraraon raass of property, subject to all the usual
incidents, and governed only by the usual local laws.
But it is yet strenuously contended, tliough certainly not with
the sarae earnestness of conviction which raarked the earlier dis
cussions of this subject, that the natural and obvious iraport ofthis
clause, giving Congress power to make needful rules and regula
tions for the public property, is not the true one, but that it gives
complete legislative jurisdiction over the property itself, and over
all the persons living within the Territories of the United States.
And why 1 I have examined with some care the long debates up
on this subject, and I find there are two different views taken of
this clause, both of which unite in the same Conclusion, but sepa
rate in the process by which it is reached. Those who advocate
the one, contend that the word "territory" does not mean land
alone, but includes also political jurisdiction; thus raaking A,meri-

376 LIFE OF GENERAL CASS.
can citizens a part of the national property, which Congress raay
"dispose of," or otherwise regulate 'at its pleasure. The advocates
of the other, vvho certainly bring to this discussion greater num
bers, as well as higher talents and position, whfle conceding that
the word "territory" in this connection raeans land, raaintain that
the right to raake needful rules and regulations concerning it, ne
cessarily conveys unlimited powers of legislation over such proper
ty, as well as over the political coraraunities, called Territories,
where it is to be found.
* * * w *
If the word "territory" here includes the right of jurisdiction,
it follows that it was the intention of the fraraers of the Constitu
tion to confer upon Congress the power to sell this jurisdiction over
all the western cessions, and that this clause accomplishes the ob
ject. For, whatever be the true meaning ofthe word "territory,"
whether sofl or dominion, or both, the authority granted is an au
thority to dispose of or sell it, equally with "other property." No
process of analysis can separate the right to sell the "territory"
from the right to sell the "other property." Congress, by this
consfruction, could sell to every man the right of jurisdiction over
his section or quarter section, as well as the right of sofl ; or it
could sell the title to one man, and fhe jurisdiction to another, or
both, or either to a foreign State, or to its subjects. The bare
enunciation of such a proposition carries with it its own refuta
tion. I cannot deal with it as a subject of argumentation. The
power, under any circurastances, to cede a portion of the United
States is, to say the least of it, a very doubtful one under our Con
stitution. For myself, I can find no such grant of authority in that
instrument. Its powers are preservative, not destructive. I am
speaking of a direct unquestioned cession ; not of the fair settle
ment of a disputed boundary with a foreign nation, where the ques
tion is uncertain, and where the act of adjustment establishes the
true line of deraarcation. But that the Convention of 1787 should
make it a fundamental provision of the new Governraent that it
might alienate from this country, at its pleasure, and by the acre,
too, its vast western doraain, the object of so much solicitude and
the cause of so many dissensions, almost terminating in separa
tion, is a proposition equally at variance with our political history
and with the spirit of our political institutions. And what still
adds to the surprise which this course of reasoning is so well cal
culated to excite, is the fact that gentleraen who seek by construc
tion to give to Congress this unliraited power of cession are araong
those who contend most strenuously for the obligation and inviola-
bflity of the ordinance of 1787, and for its virtual recognition by
the Constitution ; notwithstanding that ordinance places the west
ern territory beyond any other final disposition than that of ad
mission into the Union, with all the rights of the original merabers.
The other construction, which deduces a new power of unlirai
ted jurisdiction frora this constitutional authority "to dispose of

LIFE OF GENERAL CASS.

377

and make needful rules and regulations concerning the territory
or other property belonging to the United States," concedes that
territory is here land and property, but maintains that the needful
regulation of it includes complete jurisdiction — not only the pow
er to establish territorial governments, but to legislate for the ter
ritories in all cases whatsoever.
* ;^- -r * *
I have already referred to what the Suprerae Court said in ano
ther case ; but I renew the reference for a different purpose, and
extend the quotation to show whence this power, in the opinion of
the Court, is derived.
" The terra ' territory,' as here used, is merely descriptive of
one kind of property, (says the Court,) and is equivalent to the
word lands; aud Congress has the sarae power over it as over any
other property belonging to the United States ; and this power is
vested in Congress without liraitation, and has heen considered (a
cautious expression, by-the-by) the foundation upon which the ter
ritorial governraents rested." And they refer to a preceding opin
ion, where the Chief Justice, speaking of this article, and the pow
ers growing out of it, applies it to the territorial governraents, and
says, "all admit their constitutionality." And again : Florida,
whfle a territory, was " governed by that clause of the constitution
which empowers Congress to make all needful rules and regula
tions respecting the territory or other property belonging to the
United States." The word "territory," the Court says, " is here
synonymous withland." Using the synonyrae, the phrase wfll sub
stantially read thus : Congress shall have power to dispose of and
make needful rules . and regulations concerning the land of the
United States. And we are asked to believe that this guarded
clause conveys eoraplete jurisdiction, fufl power of legislation over
the land itself, for afl purposes, and over the individuals or commu
nities, not only living upon it, whfle public property, but living up
on it after it ceases to belong to the United States, and also upon
those living in the same region. We have seen it laid down that
this power is "plenary," and that rules and regulations concerning
land, necessarily confer "complete jurisdiction" over land and
men also.
We can well understand that a povver to sell the land of the Uni
ted States, and to make needful laws concerning it, gives fhe right
of legislation for all purposes fairly connected with the use and
sale of that kind of property, and necessary to these objects. The
right to survey it, to convey it, to improve it, to protect it, and to
use the various means properly required therefor ; for these purpo
ses concern the land, and the laws operate upon individuals in re
lation to their purchases, and upon all others who interfere with
the rights of property in the United States. But how does a mur
der concern the land ? or a marriage ? or a note of hand? or any
of the infinite variety of acts which pass between individuals in
civilized coraraunities? And if tbey do nof, whence comes the

378 LIFE OF GENERAL CASS.
Congressional povver of legislation, by which such acts are to be
coraraanded, or p^iohibited, or punished? The Suprerae Court
indeed says that the power of Congress is without liraitation ; but
the Constitution says it is not. The Constitution says, in the first
place, that it raust be needful ; and, in the next place, that it raust
concern the land ; and both of these injunctions are liraitations,
and guarded ones, too, upon the exercise of legislative power.
Needful, not for all purposes ; not for general jurisdiction ; but for
the objects of the grant of povver, which concern the land, and
cannot be separated frora it.
* # * ¥f *
The second arguraent urged in support ofthe authority of Con
gress to legislate over the Territories is derived from the war and
treaty-making power, which bring with them as an incident the
right of acquisition, and this is followed by the right of legislating
over the country acquired. Besides raany speakers who have ad
vocated this doctrine in debate, and a raajority perhaps have done
so, there are eminent authorities who avow the same opinion, and
whose views are entitled to great consideration.
The effect of the war-making power upon the right of acquisi
tion is, under our Constitution, an inquiry purely speculative, as
no territory has ever been added to the Union by that process.
Though the principle is thus broadly laid down, yet it is rather
difficult to conceive how the mere act of war, though it bring con
quest with it, can permanently annex a foreign country to the Uni
ted States without the interposition of some department ofthe Gov
ernment constitutionally corapetent to indicate the .national wfll on
the subject; and if this be so, the war-raaking power cannot be said
to raake the acquisition, or, in other words, the annexation, though
it raay afford the opportunity of its being made. The act of con
quest and the act of annexation are, in such a state of things, as
different in their character as in their operation. A treaty of peace
confirming the conquest, and raaking the cession, carries the ques
tion to the treaty-raaking power. What course wfll be pursued
to declare or to secure annexation, in the very iraprobable event
ofthe conquest ofa foreign country by the United States, vvith the
deterraination of the Government utterly to subdue it, and to des
troy its political organization, so that no authority could exist to
give its assent to the terras proposed by the conqueror, is a case
so little likely to happen as scarcely to deserve a place, even as a
subject of speculation, in an eleraentary treatise.
* * * * * # ' * ^ ^ i,:
Another assuraed ground for the exercise of this povver is the
right to admit new States.
"The purpose," [of the right of government,] says a raeraber
of this body, " is to train up a nation of freeraen, and to fit thera
to share in the privileges of this Union. Whatever is necessary
to this object Congress is authorized to do." — 3Ir Berrien vol 1
p. 875. ' ¦ '

LIFE OF GENERAL CASS. 379
For myself, sy:, I take it that the reason for the exercise ofthis
power of governraent by Congress, is simply tftt the Territories
may be governed, and not left without political brganization, and
as there are no means provided for the institution of a government
by the people of a territory. Congress has interfered to attain that
object. **********
If the right to adrait new States gives the right to acquire terri
tory before it becomes a State, with a view to its governraent by
Congress, in order that it raay be admitted into the Union, it seems
to me many other constitutional powers of Congress would equally
justify foreign acquisitions, in order that these powers might be
exercised over thera. Because you can admit new. States, there
fore you can acquire territory wherein to form them. Because
you can lay and collect taxes, &c., therefore you can acquire ter
ritory where they may be levied and collected. I ara speaking, as
Judge Johnson vvas speaking, of the incidental and not of the di
rect power of Congress. The direct power of admission raakes no
distinction between foreign and doraestic States, and therefore
sanctioned the annexation of Texas. But, if Texas had been a
colonial possession, and we had sought to acquire it before its ad
mission, we must have found sorae other provision of the Consti
tution than this, to justify such action. In the one case the act of
adraitting is the exercise of a direct power ; in the other, the act of
acquiring is for the purpose of adraission, and is, therefore, an in
cident which precedes, if I raay so speak, instead of following, the
power to which it is incidental. The derivative operates first, not
as a raeans to aid the operation of the principal, but to call the
principal into existence, by furnishing the subject, without which
it could not be exercised. This proposition is not in the hook of
the Constitution, nor justified by its spirit or objects.
4. The right to sefl.
5. The right of ownership.
6. The right or duty of settleraent.
Each ©f these rights is assumed and advocated as a justification
for the exercise of " complete jurisdiction" over the Territories ;
and I place them together because they bear a new relation to one
another. I have sought in vain, in the earlier opinions of the courts and
in the views ofthe coramentators on the Constitution, any support
ofthe doctrine that the rights of sale or of ownership necessarily
carry vvith thera unlimited jurisdiction over the country to which
they are attached. It is one of the discoveries which we owe to
this prolific controversy, and has been urged with a good deal of
zeal both here and at the other' end ofthe Capitol.
But sir, this assumption of necessary action vvhich clairas for
Congress the right of entire legislation over the Territories, is raet
and refuted by the fact that Congr^ess from 1787. to this day, has
never exercised any such power, and, therefore, its exercise is not

380 LIFE OP GENERAL CASS.
necessary in orde^o dispose of the public land. I have already
adverted to the gjfct difference, both in principle and practice,
between the right'to organize governments and the right to exer
cise full legislative jurisdiction, endeavoring to show that whatever
justification, whether from necessity or construction, there may be
for the former, there can be none for the latter. I have reraarked
that in the various speeches, decisions, and essays, which touch
this general question, there is no established distinction preserved
between the exercise of these powers, the one or the other being
often referred to in convertible terras ; and one of our ablest raera
bers thus states fhe question :
" Has Congress the right, under the Constitution, lo legislate for the
territory of the United States, organize governments for the inhabitants
residing therein, and regulate within it all matters of local and domestic
concern.' I believe this question [not questions, fhe speaker evidently
considering the power as one and the same] can be satisfactorily answer
ed in the affirmative." — Mr. Dix, roi. 1, p. 862.
And yet it is very clear that the preservation of legal order being
the object to be attained, as a constitutional justification for the
action of Congress, if this has been attained without the exercise
ofthe povver to regulate "all matters of local and doraestic con
cern, ' then the fact is decidedly shown that such general power is
not necessary to the sale of the public land, such land having al
ways been sold without it. The Territorial Governraents, have in
all cases conducted the internal affairs ofthe Territories ; andnot
one single instance of legislation by Congress can be produced,
providing for the punishraent of offences in the Territories, except,
indeed, in those cases arising out of its peculiar jurisdiction, con
ferred by the Constitution, and which applies equally to them and
to the States. That peace and good order, which gentlemen con
sider so essential to the sale of the public land, have been preser
ved by Territorial, and not by Congressional legislation. I repeat
emphatically, that not a single exception to this proposition is to
be found in the statute-book. There are, indeed, sorae half dozen
provisions concerning civil rights, which have no relation to the
fair power of establishing a governraent, but belong to the internal
doraestic affairs of the people theraselves, which raay be found in
the ordinance of 1787, and in the subsequent action of Congress.
But waiving, for the present, the objection in principle to their
introduction, and granting that Congress knew what was for the
benefit of the people better than they did for theraselves, and that
these instances for their interference were wise, and wisely con
ducted, still no raan will contend that they were necessary to the
preservation of order, or that the attainment of that object alone
justified their introduction.
* * * * #.
The provision of the Constitution vvhich declares that " all debts
and engagements entered into before the adoption ofthe Constitu
tion shall be as valid against the United States, under this Consti-

LIFE OF GENERAL CASS.

381

tution, as under the Confederation," has been relied upon as gran
ting or establishing the power to exercise eoraplete political juris
diction over the Territories. .
The argument is thus urged :
" That ordinance, then, [the ordinance of 1787,] was a compact, an en
gagement, a contract, between the people of the United States, in their
collective capacity, and the people who should inhabit this new territory."
— Mr. Murphy, vol. 1, p. 680.
A compact is a constitutional engagement. This ordinance,
therefore, is rendered valid, so far as regards the Territorial gov
ernment of 1787, "and this express acknowledgraenf of this com
pact by Congress, after the adoption of the new Constitution, as
wefl as the recognition of it by the Constitution, made it binding,
ratified it, and cured it of any unconstitutionality under the Con
federation which, it raight previously have been obnoxious to." —
{Same, p. 680.)
So far as respects the " express acknowledgment of this compact
by Congress, after the adoption of the nevv Constitution," as I know
nothing, I have nothing to say. It has no place in this discussion.
The acknowledgment of Congress, even if any were to be found,
could not change the constitutionalnatureof this territorial " com
pact," as it is called. Its validity raust be tested by the Constitu
tion itself, and not by Congressional acknowledgraents. Territory
since acquired (the speaker contends) may be governed in conse
quence ofthe right of acquisition, whfle all the region embracing
Alabama, Mississippi, and Tenessee, is a casus omissus, for which
the Constitution provides no power of government ; for I have al
ready remarked that the cessions of the States could not enlarge
the powers of Congress.
What I have to say upon this subject I shall say very briefly.
In the first place it is clear to me, from the words and the context
and, I may add, frora the evident object in view, that the clause
respecting "debts contracted and the engageraents entered into"
has no relation to the exercise of political power.
In the next place, the whole arguraent is founded upon a palpa
ble error, which the most cursory examination should have detected.
The territorial government, established by the ordinance of 1787,
was no compact. It assuraes no such characteristic in that instru
ment, though this error has been so general that one of the most
distinguished merabers of this body speaks of the ordinance " as
assuming the form of a compact." It assumes to be merely an or
dinary act of legislation, " ordained by the United States in Con
gress assembled," agreeably to the formula then in use. The local
government is organized, with all the provisions which concern it,
in eleven sections or divisions, which occupy two-thirds of the or
dinance, and it would have been perfectly alisurd to declare these
temporary arrangeraents " a corapact between the original States
' and the people and States in the said territory, and forever unal-
' terable, unless by common consent." Why, they have been al-

382 LIFE OP GENERAL OASS.
tered time and again by Congress, without the slightest opposition,
and no voice has ever been raised to object to these alterations on
account of this inviolability. The judges were at first appointed
during good behavior. "This tenure was afterwards reduced to
three years. The legislative council were to be elected by Con
gress from a list containing double the necessary nuraber, nomina
ted by the House of Representatives. This eventually gave way
to a popular election, "rhe governor at first had the appointment
of all officers, but the concurrence ofthe legislative councfl in his
nomination was afterwards required. The delegate to Congress
was elected by the Legislat-ure. This election was subsequently
given to the people. 'These changes, and there are raany more in
the several governments, upon which the ordinance of 1787 oper
ated, are enough to show that they were considered within the
control of Congressional authority, protected by no character of
inviolability. But it is all idle to talk about the compacts in the ordinance of
1787. The articles so designated are destitute of the very first
elements of reciprocal obligation. There was but one party to
them. The other party had not yet corae into being, or, rather,
the other party was not heard at all ; for it was coraposed of the
inhabitants then living in the Territory — the setflers upon the
Wabash, in the Illinois country, in the Detroit country, at Green
Bay, and at Prairie du Chien. These constituted the counter party
then in existence, and this corapact was declared binding upon
them and their descendants, and irrevocably so, without their con
sent and without their knowledge. Why, sir, if there had been
but one raan in that country — and there were raany thousands, and
araong these not a few eraigrants from the States — he would not
have been bound by a compact he never heard of, and to which
his consent was never required, either expressly or irapliedly, and
much less the people then there. As to making a contract with
unborn States and mfllions, by the simple act of a foreign body,
constituting itself one of the parties, and acting for the other, and
without any means being provided for procuring their assent in all
time, either by the act of the then existing or of any future gene
ration, by an acceptance of the terms held out, or by any other
mode, had not our own ears told us the contrary, we might well
have doubted whether a man could be found to contend for so
strange a doctrine.
Besides the want of parties, there was a total want of power.
No man with any regard to hiraself, looking to the articles of the
old Confederation, can deny this, even if we had not the authori
tative declaration of Mr. Madison, when speaking of it as a ques
tion neither disputed nor disputable, to which Mr. Adaras assents.
The articles are utterly silent on the point, and the exercise of the
power was an open assumption of authority. If the " engage
ment," supposing there to have been one, wanted validity, the
Constitution gave it none, but left it as it found it. A member of

LIFB OF GENERAL CASS. • • 383
the other House, whose zeal certainly outstripped his discretion
when he said, in quoting his previous opinions, that " he had ego
tism enough to believe his as good as any other authority," and in
doing so "thatjhe but foflowed the examples of the courts in
which it was the regular and every-day practice to cite their own
decisions," declared also, quite ex cathedra, that " he should be
able to show, &c., that these six articles of the ordinance were
for ever binding, unless altered by rautual consent, and that no
one in Indiana had ever been ' silly enough ' to doubt the validity
of the ordinance," (Mr. Pettit, vol. 1, p. 718.) It is not the va
lidity of the ordinance we are now seeking as an ordinary act of
legislation, but its inviolability or perpetual obligation. The speak
er confounds two propositions entirely different in their nature.
Let rae ask him if any one in Indiana ever doubted the power of
the people of that State to assemble in convention, and to intro
duce slavery there if they please ? — to abolish the English com
mon law, and substitute the Code Napoleon, or the Louisiana code,
or even the coutume de Paris, which at one time was the law of a
part of Indiana, or nature of bafl for offences, or find a better
reraedy for the preservation of personal liberty than the writ of
habeas corpus 7 — all which are declared by the ordinance to be
forever unalterable, but by comraon consent, or, in other vvords,
they are questions of internal policy, which the people are not
sovereign enough to touch without the consent of Congress I
had supposed, tfll now, that the new States were admitted into the
Union on " an equal footing with the original States, in alF respects
whatever." But if this doctrine of the perpetual obligation of
this ordinance be correct, the new States and the old States oc
cupy very different positions in the Union, and the powers of the
latter are much greater than those of the former. As a citizen of
the Northwest, I object toto coelo to this hurafliating difference,
and I doubt if the gentleraan wfll find raany converts to his opin
ion in his own State.
In support of his views, he asks where the United States got
the title of the public lands, but in one of the provisions of this
" corapact," which prohibits the new States frora any interference
in their disposition. Why, sir, the United States got the title of
the public lands frora the deeds of cession of the States, who
owned thera, and Congress got the power to sell and control them,
not frora the ordinance, which, as we have seen by the opinion of
Mr. Madison, and which may be seen at any tirae by a reference
to the Articles of Confederation, was valueless for that purpose ;
but from the constitutional authority to make " all the needful
rules and regulations" respecting them, which was introduced to
secure this very object.
There can be no doubt, sir, that this form of a corapact was
given to these important articles of the ordinance, in the absence
of all real power over the subject, as having somewhat the appear
ance of a mutual arrangement, and therefore obnoxious to less

384 • LIFE OF GENERAL CASS.
censure than a direct assumption of authority would have been.
The first ordinance, (for that of 1787 is the second,) the ordinance
of Aprfl 23, 1784, which, however, was repealed by the other be
fore it went into operation, contained also this declared corapact,
but in a much more iraposing form than it afterwards assumed.
It provided, that "the foregoing articles shall be forraed into a
charter of compact, shall be duly executed by the President ofthe
United States in Congress assembled, under his hand and the seal
ofthe United States, shall be promulgated, and shall stand as fun
daraental constitutions." &c., &c. I presurae this pushing com
pacts into constitutions for the new States by the sole authority of
Congress was afterwards thought to be going a little too far, and
the more modest form was finally adopted.
It is a singular comraentary on the positive declarations of the
inviolability ofthis ordinance, that at the very tirae they were made,
an act of Congress was passed, alraost without opposition, viola
ting' this ordinance in a fundaraental particular. And we have
been told by the chairman of the judiciary coraraittee of the sen
ate, that although the question was raised before the coraraittee,
four of the members out of five considered it of no weight, and
the bfll passed this body without even a discussion upon it. Among
the articles of compact was one which provided that there should
not be less than three nor more than five States in the Northwest
Territory. This power had been exhausted, and the five States
adraitted into the Union. But a large portion of the territory has
been detached frora these States, and now forras part of the Min
nesota Territory, to be organized into a separate State, or to form
part of another, with the country west of the Mississippi. So much
for the irrepealable articles of compact.
*****
Now, sir, as to the congressional precedents. But, before I pro
ceed to consider thera, perrait rae to raake a quotation from the val
uable work of an able and accomplished jurist, and most worthy
man, the late Chancellor Kent. How an expositor of our Consti
tution could maintain the existence of a legislative right by the
mere exercise of a legislative power, as I know not, I shall not at
tempt to explain. It is another proof that if we have not fallen on
evfl tiraes, we have faflen on strange ones.
"It would seem frora the various congressional regulations of
the territories belonging to the United States, that Congress have
suprerae power, and the governraent of them, depending upon their
sound discretion."
So rauch for the statute book, instead of the constitution.
But, sir, let us look at these congressional regulations. Fifteen
territorial governraents have been organized since the adoption of
the constitution, differing in detafl, but with one general principle
pervading thera, not rigidly adhered to, indeed, but sufficiently
marked to show that it was the guiding feature of legislation — the
right of the local governments to conduct the internal affairs of

LIFE OF GENERAL CASS. 3S5
their respective Territories. This series of legislation certainly
proves, as Judge Marshall says, the possession of the power, and
that its exercise has been necessary ; but it leaves its origin to be
sought elsewhere, in the wfll of the people, expressed in the char
ter of their government, or in the very necessity of the case.
I have said the "local governraents," but I do not raean by that
expression that in the earlier ages of territorial political history,
these governments vvere controfled as much as they should have
been by the people. They were not ; for a very unjustifiable sys
tem was introduced — that of authorizing the governor and judges
to pass laws by adopting them, and, of course, with many changes
from the laws of th'e original States. No one would be now
found hardy enough to propose such a plan ; it is among the things
that have been. It preserved, indeed, the distinction between the
general and the local governments ; but it confounded all the just
divisions of power, and in principle annihflated every vestige of
popular right. It was a mere act of arbitrary power.
No man can turn over the original articles of confederation
without being sensible that Mr. Madison was right when he said
that in assuraing the adrainistration of the public lands, and raa
king thera productive, and in erecting teraporary governraents over
the Territories, Congress had acted without- the least color of con
stitutional authority.
Frora one end to the other of that instrument there is not a sin
gle grant of power which, directly or indirectly, looks to such ob
jects. The whole was a raere assumption, justified only, as Mr.
Madison says, by the "public interest, the necessity of the case,
which imposed on them the task of overleaping their constitutional
liraits." A gentleraan, now no longer here, who investigated this
subject, as he did all others, with great care, has supposed that, as
Mr. Madison stated the defects of the confederation, and the ne
cessity of supplying thera by, a new goVernraent, this consideration
leads alraost irresistibly to the conclusion that he viewed the pro
vision respecting "rules and regulations" as the foundation of po
litical jurisdiction. — (Mr. Dix, vol. 1,863.) This is not so, sir.
The old Congress did these things without color of authority —
erected temporary governments, provided for the adraission of new
States, and assuraed the adrainistration and sales of the public
lands. The forraer was a power spent — it had perforraed its ofiice.
The political organization embraced all the territory then held by
the United States ; and it is not at all probable, though the gene
ral provisions were doubfless known, that the details of the ordi
nance were ever critically examined bythe convention, who were
occupied by subjects then vastly raore important to them ; though,
indeed, a raeraber of the House suggests ttfat, as the convention
and the old Congress sat at the sarae place, there was probably a
conference, at which the ordinance, or sorae of its subjects, were
discussed and mutually arranged. The convention sat at Phila
delphia, and the Congress at New- York ; and thus fafls this con-
25

386 LIFE OP GENERAL CASS.
jecture, built upon a supposed coincidence of tirae and place. And
thus it happened that there is no reference whatever to this ordi
nance tobe found in the constitution, either directly or indirectly,
nor any provision for the institution of teraporary governraents, the
necessity for such a case not being foreseen — the power having
been acted upon and spent.
But the admission of new States vvas provided for, beimg obvi
ously a power that Congress would be called on to exercise ; un
less, indeed, this nevv doctrine, that the ordinance was among those
"debts and engagements" which the constitution declared should
continue valid ; for, in that case, new States could have been ad
mitted upon the original pledge, and any ofher grant of authority
was unnecessary.
And the administration, too, of the public laws could not be car
ried on without the action of the new Congress, exercised alraost
from day to day ; and the necessary authority for this purpose was
provided by the power to dispose of the public property and to re
gulate it.
And here the constitution stops, leaving the right to establish
temporary governraents unprovided, the power having been exer
cised de facto, and no other territory remaining; not because the
subject was not examined ; but because it was examined and judg
ed unnecessary, as is proved by the rejection ofthe following pro
position in the convention declaring that Congress should be
clothed with power "to institute teraporary governraents for the
new States arising therein."
*****
Why, then, have Congress exercised the povver of governing the
Territories ? and why has their action been subraitted to in the
absence of any constitutional authority ? Let the remarks of Mr.
Madison, on the assumption of the sarae povver by the Congress of
the confederation, and in which he participated, give the only an
swer that can be given to the question : "All this has been done,"
he says in the Federalist — that is, governments have been organ
ized, &c., "without the least color of constitutional authority."
He adds that he imputes no blame to Congress, because they could
not have done otherwise. "The public interest, the necessity of
the case, imposed on thera the task of overleaping their constitu
tional authority." As I have already remarked, sir, there are clear
indications, in the opinions of Judge Marshall and of Judge Story,
that this "necessity of the case," or "inevitable consequence," was
in their view, one ofthe grounds of justification for the action of
Congress upon this subject, since the adoption ofthe constitution.
" Perhaps," says the forraer, "the power of governing a Territory,
&c., may result necessarily from the fact that it is not within the
jurisdiction of any particular State, and is within the power of the
United States." The latter adopts the sarae idea when he says,
" it must consequently be under the dominion and jurisdiction of
the Union, oi it would be without any government at all." This

LIPE OF GENERAL CASS. 387"
condition of things impose* the moral necessity to which both the
Congress ofthe confederation and the Congress of the constitution
have yielded. Now, sir, I ara as far as Mr. Madison was from
seeking to justify political action by the oft repeated plea of neces
sity. It has no place in a constitutional code. It is a mere as
sumption, and nothing more nor less. But when such a case hap
pens, they incur the responsibflity who yield to the necessity, and
must throw themselves upon the country for their justification. If
supported by public sentiment, they are safe; if not, they and their
measures must fall together. Certainly it is the moral duty of any
country, holding distant possessions, to institute, governraents for
the preservation of social order. And here, and here alone, is the
foundation of the power of governraent as exercised by Congress.
It was assuraed to preserve social order in distant regions ; andi
had it been confined to its proper purpose, the institution of gov
ernraents without interfering in the internal concerns of the peo
ple to be governed, it would everywhere have gone on to its proper
consuraraation, the establishraent of State governraent, without ha
ving its validity called in question. There were at first no pecu
liar circumstances to call public attention to the few violations of
the great principle of self-government, which these organic lavvs
contained, and, with one exception, these interferences were for
the assertion of great well known principles, founded in the En
glish law, and adopted into ours, and were thus the less likely to
provoke investigation into the validity of their origin. All the
Territories have been governed upon this general principle of Con
gressional jurisdiction, leaving to the people to be affected by them-
the passage of laws suited to their condition — a principle not onlyt
safe in itself, but familiar to every American, as being the very.
condition clairaed by our revolutionary fathers, when they com
menced their discussions with England. "The violations of it were-
few — different in different organic laws, and unnecessary in all —
and when pointed out to the public attention, by the circumstances
of the times, were strenuously objected to, as justified neither by;
law or necessity, and therefore deriving no sanction from prece
ding legislation.
Upon this subject of territorial government, Congress "began-
right, and it is difficult to ascertain why they afterwards admitted
modifications at war with the true principles of safe legislation.
The original ordinance of April 23, 1784, the predecessor ofthe
ordinance of 1787, provided that the "settlers on any territory so
purchased" might, on application, receive authority from Congress
to meet together and establish teraporary governraents, &c.
Now, sir, among all the other reasons given for the exercise of
legislation by Congress over the territories, there is but one which
derives it from an express grant of power in the constitution, and
that grant is found in the authority to dispose of and make rules
and regulations for the public property. I put the proposition
thus, because it is thus put by the suprerae court. If this clause

388 LIFE OF GENEKAL CASS.
contain within itself" eoraplete jurisdiction" and " plenary pow
ers" of legislation over all persons living on the public property,
but till it becomes a State of this Union, then the Wilmot proviso
is constitutional, and, as a raeraber frora the west says, " this gov
ernraent could sell the territories into slavery."
If, on the other hand, the power of superior legislation is deduced
as an auxfliary to sorae other Congressional power, or to sorae at
tribute, or what not, then its exercise is limited by the circurastan
ces to which it owes its origin. All the clauses in the Constitu
tion, and afl the clauses out of the Constitution, which have been
referred to as the foundation of this power, require its exercise
solely as the raeans of insuring law and order to the public terri
tory. That power, as Mr. Madison says, is in " suspension of the
great principle of self-governraent, and ought not to be extended
further nor continued longer than the occasion raight fairly re
quire "
And yet this principle of liraitation, so obvious, and so obviously
just, is considered by an em.inent lawyer in the Senate as absurd.
He cannot, he says, conceive a greater bundle of absurdities than
a proposition that a territorial legislature raay exercise local pow
ers which Congress cannot. Well, sir, those of us, credulously
inclined, find ourselves in pretty good corapany, which furnishes
some relief to our self-love thus sensibly wounded. Mr. Madison's
opinion I have just quoted, and I wifl quote another, which car
ried some weight with it once, though now it seeras a good deal
out of fashion, and has even become an absurdity. It is to be
found in the declaration ofthe Continental Congress of 1774, and
thus reads : The English colonists " are entitled to a free and ex
clusive power of legislation in their several provincial legislatures,
wbere their right of representation can alone be preserved in all
cases of taxation and internal polity," &c.
*****#•*
The power, whatever it is, coraes frora the people of the United
States. And here is precisely the root ofthe error which leads to
all these raetaphysical subtleties. What the Constitution perraits
Congress raay do, and riothing more. If the Constitution perraits
it to institute governraents for the territories, and withholds the
right to interfere in their internal concerns, whfle the forraer may
be exercised, the latter must be avoided, and all the scholastic re
finements of the olden or of the latter tiraes cannot change, in one
jot or tittle, this fiindamental proposition. This new political ax
iom will hardly supersede the Constitution, Congress assuraes the
right to authorize the people of the territories to meet in conven
tion to forra constitutions and State governraents. In like man
ner it assumes the right to authorize the people of the territories
to exercise raany of the privfleges of self-governraent. And its
power to do this raust be tried, not by its power to do a great deal
more, but by the great charter, the fountain of its authority.
Whether this difference in fact exists between the power of gov-

LIFE OF GENERAL CASS.

38»

ernment and the power of internal legislation under the principles
ofthe constitution, is precisely one ofthe branches ofthe inquiry
before us.
*******
And this brings rae to the nature of this congressional legisla
tion, and its effect upon the people ofthe territories. Does it en
able thera to exercise a portion of their natural rights, by provid
ing for the organization of their government, as the acts of Con
gress passed for the purpose enable thelm to elect their convention,
and forra a state constitution ? or does it confer upnn thera these
rights, as well as the raeans of enjoying thera? Do they belong
to Congress first, and are they then doled out to the people as far
and as fast as may suit the Congressional temper, or as sorae pas
sing political struggle may permit ? Had it not been for the les
son which this discussion has taught us, I should not have sup
posed there was a man in this broad republic who was not willing
merely, but anxious to render to Ceesir the things that are Cassar's
— to attribute to the people the things that belong to them. But
it is not so. The doctrines we have heard advanced upon this
subject are precisely those which are at vvar with human freedom
in Europe, and which have achieved a teraporary triuraph in Hun
gary, in Italy, and in Germany ; and they are maintained and il
lustrated by the sarae, or by kindred arguraents and observatibns.
We are sovereign ; therefore we' have the right to legislate over
the territories in all cases whatsoever. The major includes the mi
nor ; therefore toe, the greater, Jiave unlimited legislation over the
kss. There can be no half sovereignty ; therefore the territories
have no rights. Congress is made to confer a power it does not
possess, and thence it follows that these unfortunate communities
may he sold into slavery, and so on to the end of the chapter,
from Poland to Oregon. And huraan rights are thus frittered away
and sacrificed, not to constitutional principles, but to raetaphysi
cal refineraents which raight alraost provoke the envy of the Stagy-
rite himself, and ofthe vvhole peripatetic school he founded. And
in a simflar spirit it is clearly proved that, as one man does not
make a people, we raust show by sorae demonstration how many
it takes for that purpose, and how far apart they must reside to
raake two people ; or it is vain to talk of their rights or their
wrongs, or to secure the one or redress the other. He who under
takes to apply the square and the corapass to huraan rights, natu
ral or political, wfll find he is dealing with a subject beyond his
reach, and which has eluded raany a raightier grasp than his own.
And we are asked, where did the people of the Territories get
the right to legislate for theraselves? Where did they get it?
They got it frora Alraighty God ; and frora the same omnipotent
and beneficent Being who gave us our rights, and who gave to our
fathers the power and the wifl to assert and maintain them.
I ara not speaking of a revolution. This is a just reraedy for
violated rights. But I am speaking of a right inherent in every

"390 LIFE OF GENEKAL CASS.
coraraunity — that of having a share in raaking the lavvs which are
to govern them, and of which nothing but despotic power can de
prive them. That power in Europe is the sword. Here political
metaphysics come to take its place. The people ofthe Territories
get the opportunity of enjoying this right of governraent, of bring
ing it into practical operation, from Congressional interposition,
and they then possess it with no other limitations than those arising
out ofthe Constitution and of their relations to the United States.
Their powers of legislation embrace afl the subjects belonging to
the social condition. There is no act of Congress respecting any
of the territories which undertakes to enumerate the various objects
of legislation, and then to confer jurisdiction over thehi. The
¦whole povver is conveyed, with the very few exceptions I have sta*
ted, and these are expressly withheld. The only one, indeed, I
now recollect, though I do not speak positively, except general
provisions for the security of private rights, is the unconstitutional
clause prohibiting slavery : and it follows, from these views, that
the territorial legislatures possess fufl authority over all the con
cerns of life ; over the relations of husband and wife, of parent and
chfld, of guardian and ward, and, if the interposition of Congress
is unconstitutional, over the relations of master and servant, inclu
ding the condition of slavery. Hence, then, the objection we have
so often heard repeated, that these legislatures cannot act upon
this subject, because Congress, having no power itself, can grant
none for that purpose, is destitute of any real foundation. If, in
deed, there is any constitutional prohibition, direct or fairly iraplied,
whicli opposes their exercise of this power, then of course it is
withheld frora thera. As that question is not in my way, I shall
not turn aside to seek it, but shall content myself with saying that
I see no such prohibition, and that I believe the people of the
Territories have just fhe same rights in this respect fhat the peo
ple of the States have ; and that it is a part of their power of
legislation, of which they cannot justly be deprived. Let hira who
seeks to deprive them of it turn to our great charter, and put his
finger upon the restriction.
But, sir, I may well appeal to those vvho find in the Constitution,
or out of the Constitution this power to control the Territories by
the Wilmot proviso, whether it is a power that ought to be exer
cised under existing circurastances.
Here is one-half of a great country which believes with a una
niraity perhaps without a parallel in grave national questions, that
the Constitution has delegated to Congress no such power what
ever. And there is a large portion ofthe other half which enter
tains siraflar views : while of those vvho see in the Constitution
sufficient grounds for legislative action, there are many who adrait,
indeed probably there are few who deny, that the question is not
free frora serious doubts.
Besides the want of constitutional power, there are at least four-
'teen States ofthe Union vvhich see in this raeasure a direct attack

LIFE OF GENER.iL CASS. 391
upon their rights, and a disregard of their feelings and interests,
as injurious in itself as it is offensive to their pride of character,
and incompatible with the existence of those bonds of araity which
are stronger than constitutional ties to hold us together. No raan
can shut his eyes tothe excitertient vvhich prevafls there, and which
is borne to us by the press in countless articles coraing frora legis
lative proceedings, frora popular asserablies, and frora afl the sour
ces whence public opinion is derived, and be insensible to the evil
day that is upon us. I believe this Union wfll survive all the dan
gers with which it raay be raenaced, however trying the circum
stances in which, it may be placed. I believe it is not destined to
perish tfll long after it shall have fulfifled the great mission confi
ded to it of exaraple and encourageraent to the nations of the earth
who are strjiggling with the despotisra of centuries, and groping
their way in a darkness once irapenetrable, but where the light of
knowledge and freedora is beginning to disperse the gloom. But
to maintain this proud position, this integrity of political existence,
on which so much for us and for the world depends, we must care
fully avoid those sectional questions so much and so forcibly depre
cated by the Father of his Country, and cultivate a spirit of mutual
regard, adding to the considerations of interest which hold us to
gether the higher motives of affection and of affinity of views and
of sympathies. Sad will be the day when the first drop of blood
is shed in the preservation of this Union. That day need never
come, and never will come, if the same spirit of coraproraise and
^f concession by each to the feelings of all which animated our
fathers continues to animate us and our chfldren. But if powers
offensive to one portion ofthe country, and of doubtful obligation,
to say the least of it, are to be exercised by another, and under
circurastances of peculiar exciteraent, this Confederation raay be
rent in twain, leaving another example ' of that judical blindness
with which God in his providence soraetiraes visits tbe sins of na
tions. NoWj sir, as a raere practical question, is the legislative adop
tion of this proviso worth the hazard at which it alone can be se
cured — the obstacles and dangers I have briefly aUuded to? There
should be great advantages, inestiraable indeed, to be gained be
fore such a raeasure is forced upon the country. Can any man
say that they correspond at all with the magnitude of the evfls
which raust follow in their train ?
For myself, sir, I do nof believe that the slightest good will re
sult, or would result, under the raost favorable circumstances, from
this Congressional interference with the rights of the people of
the Territories. The object avowed is to prevent the introduction
•of slavery. Can it go there, even if left without this prohibition?
I believe it cannot ; and I believe there are very few, here or else
where, who think it can.
This view of the subject I had occasion to announce sorae two
years since,-' together with the considerations, political' and geo-

392 LIFE OF GENERAL CASS.
graphical, which led to the opinion. Tirae and experience have
corae to confjrra all that was then anticipated, though certainly
sooner and in a raore iraposing forra than could, then have been
even conjectured. By far the most valuable portion of our Mexi
can acquisitions has organized a State governraent, and will, it is
understood, soon present itself for admission, with a fundaraental
prohibition against the existence of slavery. Looking at the con
dition of New Mexico, at its products, its geographical position,
the character of its inhabitants, whether natives or eraigrants, and
to the legal fact that slavery is now excluded from all that region,
I think the raost zealous advocate of this prohibition raust admit
that without it the country is as sure to be free frora slavery as
with it. For myself, I do not believe that if you were to pass a
law establishing slavery in the Santa Fe country, or in Deseret, to
adopt the new nomenclature, it vvould ever go there. More pow
erful considerations than your legislative action would control this
question^considerations of profit, arising out of products which
can alone render this kind of labor valuable, and vvhich is sure to
arrest it, in the cotton-growing and sugar-making regions, instead
of permitting its emigration to higher latitudes, whose products
require less labor, and by their distance from market must always
be cheap and abundant.
I refer to these circurastances, not as influencing ray own ac
tion, for with my views of the constitutional defect of power, I am
precluded from entering into any other considerations ; but as ap
pealing to those who, finding the necessary authority, seek to ex
ert it, in order to prevent the introduction of slavery into the new
acquisitions. Nor have we any right to anticipate that this view,
however correct it raay be, wifl reconcile fhe South to abandon
their objection to this raeasure. All experience shows that a con
troversy like this, which has reached its present condition, under
circurastances so iraposing, where great questions of right and of
feeling are involved, is raaintained without reference to its utilita
rian result. And there is no better fllustration of this truth than
the history of our own revolutionary struggle presents; where the
principle itself, far raore than its immediate practical application,
roused a continent to arms.
The Wflraot proviso is urged upon the ground of its expedien
cy. It is opposed upon the ground of its unconstitutionality.
Those who urge it raay well abandon it, when circurastances show
that the measure is dangerous in itself, or profitless in its result.
Those who oppose it cannot change fheir conviction of right, and
that portion ofthe Union which considers itself peculiarly affected
by it will not change the conviction that its feelings and interests
wfll be sacrificed in violation of the great compact vvhich makes
us one political faraily.
Now, sir, I repeat, is the contest worth the cost? «To place this
barren, and, a,s I believe, unconstitutional proviso on the statute-
book — is that a recorapense for the wounds that would be inflicted,

LIFE OP GENERAL CASS.

393

and the feelings that would be excited, whose disastrous effects no
right-minded man can contemplate without the most serious ap
prehension ? The oldest among us may live to see their coramence
ment, the youngest may not live to see their termination. For ray
self, I wfll take part in no such effort. I wifl rainister to no such
feeling. I wfll engage in no such crusade against the South, from
whatever motives it originates. I wifl endeavor to discharge my
duty as an Araerican Senator, to the country and to the whole
country, agreeably to the conviction of my ovvn duty and of the
obligations of the Constitution ; and wlien I cannot do this, I shafl
cease to have any duty here to perform. My sentiments upon the
Wflraot proviso are now before the Senate, and vvill soon be before
my constituents and the couutry. - I am precluded frora voting in
conforraity with thera. I have been instructed by fhe Legislature
of Michigan to vote in favor of this raeasure. I am a believer in
the right of instruction, when fairly exercised and under proper
circumstances. There are limitations upon this exercise ; but 1
need not seek to ascertain their extent or application, for they do
not concern ray present position. I acknowledge the obligation
ofthe instructions I have received, and cannot act in opposition to
thera. Nor can I act in opposition to ray own convictions of the
true raeaning of the Constitution. When the tirae comes, and I
am required to vote upon this measure, as a practical one, in a bfll
providing for a territorial government, I shall know how to recon-
cfle ray duty to the Legislature with ray duty to rayself, by surren
dering a trust I can no longer fulfill.
On the 25th of February, Mr. Foote raoved the Senate that his
resolution should be referred to a committee of six members from
the north, and six members frora the south, and one to be by
thera chosen, with instructions to exert theraselves for the purpose
of raaturing a scheme of compromise for the adjustraent of all
the pending questions growing out of the institution of slavery,
and to report by bill or otherwise. Gen. Cass supported this reso
lution, and also the subsequent proposition to refer the resolutions
of Messrs. Clay and Bell to a like committee. He viewed the
course proposed by Mr. Foote as offering one raore opportunity of
terminating the fearful controversy. He declared that he would
vote for any measure that had the appearance of bringing the
country into harmony upon the distracting subject of slavery. The
question of reference was put to a vote on the l&th of April, and
carried by a vote of thirty to twenty-two.
The committee to which this reference was made, was chosen
by the Senate by ballot, and consisted of Messrs. Clay, Cass, Dick
inson, Bright, Webster, Phelps, Cooper, King, Mason, Downs,

394 LIFE OF GENERAL CASS.
Mangum, Bell, and Berrien. On the Sth of May, the coraraittee,
by their chairraan, raade their report to the Senate, accorapanying
it with bills in accordance with their report.
The views and recommendations of the coraraittee were in sub
stance — First : That the adraission of any new State or States,
forfned out of Texas, should be postponed until they present thera
selves for adraission. Second : That California should be adrait
ted forthwith, with the boundaries she had proposed. Third :
That territorial governraents, vvithout the Wflraot proviso, should
be provided for New Mexico and Utah, erabracing all the territory
acquired frora Mexico, except that erabraced within the bounda
ries of California. Fourth : The establishraent of the northern
and western boundary of Texas, and the exclusion frora her juris
diction of all New Mexico, for which a pecuniary equivalent was
to be paid. Fifth : More effectual enactraents of law to secure
the prompt recapture of fugitives from labor, bound to service in
one State, who raay have escaped into another State. Sixth :
That Congress should abstain frora abolishing slavery in the Dis
trict of Colurabia, but should prohibit the slave trade within the
District. The coraraittee also proposed that the second, third and
fourth measures should be contained in the same bfll.
The bill providing for the adraission of California, the establish
raent of territorial-, governments for Utah and New Mexico, and
making proposals to Texas in regard to her boundaries, elicited
much and able discussion for and against it. The union of so
raany subjects in one bill, created objections against it in the rainds
of sorae, who, otherwise, would doubtless have supported it ; nor
did ils provisions entirely accord vvith the views of even those
raost disposed to support any reasonable measure calculated to heal
the differences existing, and soften the asperities of sectional feel
ing; much less did it harmonize with the designs of the ultraists
of north or south. A great number of araendraents were offered,
conforraing the bill to the views of those who offered them. Pro
positions, increasing the conditions upon which California might
be admitted, and restricting the powers of territorial governments,
were offered. These Gen. Cass opposed, as well as the clause in
the bifl itself restricting those powers. He had assiimed and ever
raaintained that the people living in territories, possessed the right

LIFE OF GENERAL CASS. 395
to regulate their internal concerns in their own way, subject of
course to the liraitations of the constitution. Upon the right of
Congress to establish territorial governraents, Gen Cass reiterated
his opinions as set forth in the "Nicholson" letter. He argued
that there was no express authority conferred upon Congress, by
the constitution, to establish and regulate territorial governraents.
The absence of such grant was, because no contingency was fore
seen by the fraraers of the constitution for the use of such power.
The right to act at all, arises frora the necessity of the case. Up
on the acquisition of nevv territory, it is the raoral duty of a coun
try to take care that it is provided with a governraent suitable to
its ovvn institutions; the exercise of this power is only justified by
necessity. The opinion of Gen. Cass on this branch of congressional pow
er, was, during the debate on the coraproraise bill, the subject of
reference by' raost of the distinguished men who were opposed to
his position. In reply to an allusion raade to his doctrines, by Mr.
Berrien of Georgia, at a later period in the debate. Gen. Cass fur
ther defended his opinion in a short and powerful speech of unan
swerable arguraent A brief extract is here inserted.
" Mr. President : The Senator frora Georgia, at the coraraence
raent of his reraarks, raade an allusion to the doctrine I have raain
tained in relation to the general power of Congress over the terri
tories. I rise to put rayself right — not to defend others frora the
charge iraplied in the assertion, that I am the only man in the
Senate, and almost the only citizen out of it, who does not believe
that this Governraent has full and unlimited power over these ter
ritories ; though I trust there are many, both here and elsewhere,
who have not so far forgotten the faith of their fathers, as to ac
quiesce in such a monstrous assumption of arbitrary power. Why,
it is the very doctrine, and alraost the very words, of the declara
tory act of George III, which our fathers resisted successfully —
first in arguraent, and then in arms — that his Majestv in Par
liament HAS THE RIGHT, BY STATUTE, TO BIND THE COLONIES IN
ALL CASES WHATSOEVER, Wc wcut to War against this very as
sumption, invoking the great right of self-governraent, and hallow
ed the principle we fought for by success, and made it the very
corner-stone of our institutions. And now, before all the genera
tion of the men df the Revolution has passed away, we are called
upon to declare that our majesty (this government) in Congress
has the right, by statute, to bind the Territories in all cases what
soever. And I am rather pointed at as a marked raan, and as al
most the only one, who, in this raiddle of the nineteenth century.

396 LIFE OF GENERAL CASS.
and in this republican land, does not bow the knee to this political
worship. I trust — I am sure, indeed — that the Senator entirely
misunderstands the sentiments of his countrymen, and that there
is not a mere reranant, but a vast raajority, who repudiate such
pretensions, and who believe that internal legislation, without rep
resentation or natural affinity, is the very essence of arbitrary
power. And a treraendous power it is. It is claimed and exer
cised at St. Petersburg, at Vienna, and at Constantinople, as well
as at Washington ; and no matter by whora clairaed, or where ex
ercised — whether by Sultan, Emperor, King, Pariiaraent, or Con
gress — it is equally despotisra, unsupported by the laws of God,
or by the just laws of raan. Whence do you derive such a pow
er ? Put your finger upon a single clause or word of the Consti
tution, if you can, jvhich gives it to you. Such a terrible raeans
of oppression should not rest on shadowy iraplications, or remote
analogies, or on eleraentary words, employed by European writers.
It should have a visible, tangible foundation. It should be written
in characters of living light, that the oppressor and the oppressed
may not be deceived as to the povver of the one, or the degrada
tion of the other. And yet among the fifteen reaswis given for
the exercise of this authority, there is not one, vvhich, by any ra
tional construction, leads to such consequences. Fifteen reasons
for the support of a power, which half that number of words would
have conferred beyond cavfl or dispute ! That very fact is enough
to destroy the pretension. Congress shall have unlimited power
over the Territories. This short and explicit clause would have
spared us raany an arguraent, even if it had not spared the rights
of man. Instead of such a declaration, what is the fact? The
Senator from Georgia says, that Congress is sovereign. This I
utterly deny. Congress is vested with no attribute of sovereignty,
as the foundation of legislative power, nor is the word itself to be
found in the Constitution. It is perfectly idle to go to Vattel, or
to the earlier or later writers upon the lavvs of nations, to seek
there the attributes of sovereignty, or to assurae, as their conse
quence, the existence of power in the Governraent of the United
States. The people of the respective States are the true sove
reigns of this country, and they possess all the rights, which, by
the usage of nations, belong to that condition. You raay go to
the eleraentary writers to find what these rights are, but you must
go to tbe Constitution to find how, and how far, their exercise has
been confided to any departraent of the Government. If you find
this delegation, you may act ; if not, the people have reserved the
power to themselves. You cjn declare war; this is one ofthe
most iraportant attributes of sovereignty. But you do not go to
Grotius, or Puffendorf, or Vattel, for the foundation of your ac
tion ; that you seek in the great deed of the Araerican people.
And if it were not there, you would be just as powerless to de
clare war, as you are to choose a king. Ours is a governraent of
limited powers and of strict construction ; and yet we so easfly

LIFE OF GENERAL CASS.

397

depart from first principles, that here is a strenuous effort to clothe
this delegated legislature with sovereign power, because sovereign
ty is an essential condition of an independent people."
Upon the general merits of the report and bill of the committee
General Cass addressed the Senate at length on the 11th of June,
1850. His speech is replete with arguraent and illustration, and
must convinte every reader, that the course adopted by hira on this
great and eventful question, was dictated by the purest patriotism
and most ardent attachraent to his country, and her institutions,
and a controling desire to preserve uninjured at all sacrifices, the
glorious union of the states. Like raost of the speeches of Gen.
Cass, it contains a history ofthe subject to which it has reference,
and though every reader ofit raay be unable to acquiesce in all its
sentiraents, he cannot fafl to be instructed and enlightened by its
perusal. The consideration of the bfll was further continued in the Sen
ate. On the 31st of July, Mr. Pearce of Maryland, raoved to strike
from the bfll all that related to New Mexico. This was agreed to
by the Senate. Mr. Walker of Wisconsin, had previously moved
to strike from the bfll all except that part relating to California,
but the motion was unsuccessful. Mr. Atchison of Missouri, who
was pleased with only part of the bill, that providing a territorial
government for Utah, moved on the 31st July, to strike from it,
the provisions relating to California, and the Senate by a vote of
thirty-four to twenty-five agreed to the motion. The bill was thus
left containing simply the provision of a territorial government for
Utah, and in that shape passed the Senate on the second of Au
gust ensuing. The other subjects erabraced in the bill reported
by the committee, viz : the admission of California, the establish
ment of a government for Nevv Mexico, and the proposals for the
establishment ofthe boundaries of Texas, were subsequently pass
ed by the Senate in separate bills. The admission of California
was opposed by some of the most eminent Southern Senators.
The action of the people in forraing a constitution was assuraed to
be unauthorized, and fhat the assent of Congress to their proceed
ings hy admitting California into the Union, would be unconstitu
tional. Mr. Berrien of Georgia, in opposition to the act of admis
sion, argued that the people of California had no right to organize
themselves into a state government — that the proceeding was en-

398 LIFE OF GENERAL CASS.
tirely without precedent. The fallacy of this argument was ex
posed by Gen. Cass in a masterly speech from which the following
extract is taken.:
The Senator from Georgia has said, that the people of Califor
nia had no right to organize themselves into a State Government,
and that there is no instance of such a proceeding in the history of
our territorial establishraents. So far as respects the creation of
a State governraent and the application for adraission into the
Union, independent of the action of Congress, there are several
such cases in our political annals. So far as respects the organi
zation of a political systera itself, the creation of a government, no
such precedent indeed exists ; for never before did Congress utter
ly neglect its duty, and leave a new and remote acquisition without
organization, exposed to afl the evfls of anarchy, and to be s^ved
only by their own wisdora and firraness. Here is where all paral
lel and precedent cease ; nor do I believe there is another country
on fhe face of the earth, where such legislative neglect of great in
terests can be found. And are we to be conducted through some
politico-metaphysical process of reasoning, and asked to prove,
step by step, the right of 700,000 American citizens to provide for
their own social existence, and to apply for admission into this
Union, as you would require proof to establish the ownership of a
home ? No, sir, there are far higher considerations than these in
volved in such a relation, and which appeal at once to the head
and heart of every American. The Senator has himself said, that
these people were justified in forming a governraent, but that they
should have formed a territorial and not a State government.
Well, sir, this concession is worth something; for it admits the
validity of their political organization, and their right to frame
lavvs and to administer them. And what reason does the Senator
urge why the political action of the people should have been con
fined to one of these forras of organization, and not extended to
the other ? There is, of course, no legal or constitutional restraint,
and whatever may exist must be imposed by sorae overruling prin
ciple, deduced frora our institutions. The people, says the Sena
tor, in forraing a governraent, had no right to go further than the
actual necessity required, and should have contented theraselves
with the smaflest possible modicura of freedora. I can understand
why a governraent, exercising delegated and limited powers, should
be liraited in their exercise by the necessity, which calls them into
action. But what principle of huraan right or huraan reason re
quires a people, necessarily called to institute a government, to
content themselves with the least possible degree of liberty, com
patible with the actual peace of society, I confess my utter inabi-
Ihy to discern. The rights are their own, not ours ; and if we
compel them to act, they raust judge vvhat their interest requires.
I do not contend that they have an actual claim to adraission into
the Union. I do not deny that it is our right and our duty to look

LIFE OF GENERAL CASS. 399
to their circumstances, and to receive or reject thera, as their nura
bers and condition raay justify. If the number or condition ofthe
people of California is not such as to justify their adraission, let it
be shown, and let their application be refused. But I do deny,
thatthe nature of their political organization, brought about by our
neglect, furnishes any valid reason for excluding them' from this
great Confederacy, into which they are so desirous to enter. But,
after all, vvhat could they have done, but precisely what they did ?
They had to organize a governraent; that the Senator frora Geor
gia adraits. And how were they to organize a Territorial Govern
ment, which necessarily, ex vi termini, derives its powers frora the
United States ? That is the very essence of its existence, and that
existence, it could only acquire by an act of Congress; and
because Congress would not pass any act upon the subject, was
precisely the justification for the proceeding. How were they to
possess a Territorial Governor or Judges, or to be placed under
the control of the Federal judiciary by their own act ? And with
out these bonds of connexion, and bthers like thera, how was their
Governraent to becorae a Territorial 6ne ? It could not be, sir —
it could not be. Their defycto governraent was necessarfly de
rived frora theraselves, and depended on theraselves ; their relation
must be defined by the action of Congress ; and, under these cir
curastances, can it be seriously contended, that they had no right
to come here and ask admission into the Union, and that we ought
to reject thera because they had not a Territorial Government ?
Why, sir, this is no way to deal with human rights. You cannot
stand up before the people of this country and maintain such a po
sition. |You are at war with those everlasting principles of human
nature and huraan freedora, which no power can destroy, and which,
when taken frora a people, are taken by force and not by right.
The Senator frora Georgia says it is true there have been delay
and neglect in the organization of a government for the people of
California, but that this has been owing not to her, but to you, and
you, members of this body. And pray, Mr. President, what has
this to do with the practical effect of congressional inaction ? We
are not inquiring into the causes ofthe dissension araong Senators
and Representatives, which have produced this unhappy result,
but into the present condition of things, and into the effect, which
this neglect has produced upon our Mexican acquisitions. We
are, or should be, looking to the just clairas of California, and not
to any retrospect of our own errors. The Senator says that those
associated with hira in his views were anxious to establish govern
ments, but that their efforts were not excepted. Well, sir, this is
just what merabers opposed to his views say in return : Y'ou are
to blarae for this state of things, for you would not accept the of
fers we made of co-operation. I need hardly say, my views coin
cide with those of the Senator from Georgia, upon the object of
the Wflmot proviso ; but stfll I do not shut my eyes to the fact,
that in the consideration of the claims of California, rautual recrim-

400 LIFE OF GENERAL CASS.
ination here conduces neither to our own harmony, nor to her in
terest. If we should go on in this way tifl doomsday, out labors
would be as barren, as they have been thus far during the session.
The true question is, what we ought to do — not what we have left
undone, and why we have thus left it. The Senator denies that
California is a State ; whfle, for ray part, I consider her as truly a
State as any on the face of the earth. 'The Senator from Maine,
(Mr. Hamlin,) sorae time since, recalled a remark upon this sub
ject, which leaves no other answer to be desired. He said it was
men that made states — and it is so ; not trees, nor lands, nor gold
mines, but raen, for whose use all these objects vvere created.
And as to entering into the metaphysics of this raatter, and into
the solution of all the nice questions, whicb ingenuity raay raise,
respecting the transition of a coraraunity frora one political con
dition to another, and the precise raoraent — ten rainutes after
twelve o'clock, for instance — when its chrysalis state terrainates,
and its transforraation is eoraplete, let hira pursue these investiga
tions, who has a taste for thera — I have nohe. For one, I shall
deal with the principles of our own institutions, and with the rights
of human nature in their plain, direct application to the condition
of Araerican society, wherever it raay be. And doing so in this
instance, I find the Congress of the United States has neglected
one of its raost iraperative and important duties — the institution of
a government for California; and having driven the people to do
for theraselves what we ought to have done for thera, we have now
no right to conderan their course and refuse their application,
because they did not establish a territorial governraent, which alone
could be established by the authority of Congress.
The bill " to provide for the raore effectual execution of the third
clause of the second section of the fourth article of the Constitu
tion ofthe United States," generally known as the " fugitive slave"
bifl, was taken up in the Senate, August nineteenth. As one of
the measures of compromise calculated to restore harmony and
good feeling, Gen. Cass supported the bill. The bill under con
sideration was one introduced in January preceding by Mr. Mason
of Virginia, and araendraents had been recoraraended by the cora
mittee on the judiciary and by the select committee of thirteen.
The mover of the original bill offered a substitute for it, to vvhich
various araendraents vvere offered and ilebated. The bifl being
finaUy perfected had its third reading and passed the Senate on the
24th of August. In supporting this measure Gen. Cass urged that
it should conform to the raain features ofthe act of 1793, upon the
sarae subject, and that the changes which experience had shown
to be necessary should be introduced by way of amendment to the

LIFE OP GENERAL CASS.

401

law of 1793. The principles sustained by Gen. Cass, were : First —
the right of the raaster to arrest his fugitive slave wherever he may
find hira. Second — His duty to carry him before a magistrate in
the State where he is arrested, that the claim may be adjudged by
hira. Third — the duty of the magistrate to exaraine tke claim, and
to decide upon it like other exaraining raagistrates, without a jury,
and then to corarait hira to the custody of the raaster. Fourth —
The right ofthe raaster then to remove the slave to his residence.
The last of the raeasures known as the " peace raeasures " — the
bfll abolishing the slave trade in the District of Colurabia — pas
sed the Senate on the 16th of September. The House of Repre
sentatives concurred in regard to all these several bills and passed
them. The raost beneficial results were anticipated frora the action of
Congress. It vvas hoped, and appearances seeraed to justify it,
that conciliatory measures, advised by the great statesmen of both
parties, would have an immediate effect in quieting agitation,
and calming the public raind to an acquiescence in the coraprora
ise measures of Congress. But, the adjournment of Congress was
followed by increased exciteraent and raore earnest and bitter dis
cussion araong the people and the public presses. The several
" peace measures" formed themes for angry dispute, particularly
the fugitive slave law, which, while it was denounced by northern
ultraists as conceding too much to the claims of the south, was re-
ected, by the southern secessionists, as worthless. Yet it is im
possible to believe otherwise, than that the course adopted was the
best that could be devised. For it may well be asked, where could
we look for counsel, if not to those very men, who had the raatter
in charge? If Clay, Webster, Cass, Douglass, and their co-labor
ers, for union and harmony, could not bring forward raeasures ad
equate to the exigency, we might well despair of ever having the
controversy settled. Except in the State of South Carolina, public
sentiment, in the southern States, was nearly equally divided up
oa the compromise measures, and there is ground for hope that
both at the north and south, time and more deliberate reflection
wiil satisfy all, that by those meisures, the rights of every sectioa
ofthe Union have been respected, and a basis forraed, upon which
may be safely and securely built the hopes of the patriot — for the
26

402 LIFE OF GENERAL CASS.
perpetuation of the Union. To those raen who, at this crisis, stood
by their country, vvhat a debt of gratitude and esteem is due.
Their names will be cherished and their meraories revered as the
saviors of their country. And, how can a grateful people ever for
get the labors of Lewis Cass, in that raoraent of tremendous excite
ment, when upholding the banner of his country, vvith that glori
ous motto inscribed upon it, " Our whole country — no sectional
differences," he stood, calm and undisturbed, in the Council Hall
ofthe nation, amid the storra and terapest of intense excitement —
beating back the furious winds of disunion and civfl war, and the
sirocco blasts of infatuation and fanaticism. The full value ofhis
services could only be realized through the direful experience of
what raight have been, had he not stood the unconquerable protect
or of his country — the contrast between our happy country, as she
now i^, and what she would be, were we looking on " the broken
and dishonored fragraents of a once glorious Union ; on States dis
severed, discordant, befligerent ; on a land, rent with civil feuds,
and drenched in fraternal blood !"
Not only in his place in the Senate, has Gen. Cass labored to
preserve intact the integrity of the Union and unwavering obedi
ence to the constitution, but araong his fellow citizens, at public
meetings, he has urged the duty incurabent upon every true patri
ot. At the public reception, tendered by the citizens of New- York,
to hiraself and other distinguished merabers of Congress, in No
vember, 1860, he addressed the assemblage upon the exciting top
ics that agitate the country. x\dverting to the progress of the com
promise measures, through Congress, the sacrifices made by all, to
ensure their adoption, the setting aside political differences to ac
complish the one great object, he reraarked : —
" And where, in the long annals of mankind, do we find a peo"
pie so highly favored as we are at this moraent, when we seera to
be struck with judicial blindness — alraost ready, Lmay say, in the
language of Scripture, to rush upon the thick bosses of Jehovah's
buckler ? The sun never shone upon a country as free and so
prosperous as this, where huraan freedom finds less oppression, the
human inteflect less restraint, or human industry less opposition.
And what overpowering object is before us, which would justify
the sacrifice of all these blessings ? Why is one section of the
country arrayed against another, and why are men found in it who
are both ready to sever our constitutional ties by the sword, and to

LIFE OF GENERAL CASS.

403

comrait the future of this great republic to those dissensions whose
consequences no raan can foresee ? Is there any advantage which
disunion would make greater ? Is there any evil it would make
lighter ? Any security for the present, or hope for the future,
which would be increased by separation ? None, none. I ''repeat,
then, whence this agitation, this alarm, these excited feelings, these
hard thoughts, which are spoken in hard words, and are fast lead
ing to hard deeds ? Why is it that the series of measures adopted
at the last session of Congress, reasonable and equitable, under
the circumstances, and approved by a large majority of the commu
nity, why is it that these have fafled to calm the excitement, and
to restore harmony and tranquflity tothe country? These various
acts formed parts of one plan of compromise, and should be regard ,
ed as pledging the faith of every portion of the country to their
faithful observance, and if they are so, in spirit and in truth, we
may speedily look forward to that good old fraternal feeling, which
brought us together, and which alone can keep us together. But,
unfortunately, the public mind in the North has been rauch excited
by the passage of one of those laws, that for carrying into effect
the provisions of the constitution on the subject of fugitive slaves,
and it has been raisquoted and misrepresented with such a bold
ness of perversion, unknown before in our political controversies,
that its repeal is loudly called for in one portion of the country,
and feared, if not anticipated, in another. For myself, I believe
the repeal of that law would dissolve this confederation, as certainly
as the raorrow's sun wfll rise upon it. I believe the South would
consider it a dereliction of constitutional duty, which would leave
inoperative a great constitutional obligation, and a gross violation
of political faith, which would destroy all confidence for the future,
and that they would seek their reraedy by assuming an independ
ent station among the nations of the earth. And believing this, I
for one shall oppose its repeal.
I am among those who acknowledge the stability of the consti
tutional obligation to surrender fugitives from justice, and fugitives
frora labor. I ara araong those who believe that the constitution is
a law high enough for American citizens, in the regulation of their
civil rights and duties, subject to the exposition of the proper tri
bunals. And I am satisfied that the act of 1793, on the subject of
fugitive slaves, as I have already taken occasion to say in the Sen
ate, had becorae inefficient, and alraost useless, and principally
from the adverse action of the State Legislatures. And nothing
could more strikingly demonstrate the truth of this proposition,
than the fact stated by Mr. Webster, and confirmed by Mr. Quin-
cy, that in the State of Massachusetts, where the opposition to the
present law has been most general and violent, no fugitive slave
has ever been surrendered since the adoption of the constitution.
It is difficult to deal with such a state of things, and at the same
time preserve our respect for those who seek to make political
capitsd out of this agitation, so utterly unsuited to the occasion.

404 LIFE OF GENERAL CASS.
And what renders this course the more extraordinary, is the fact
that it has never been shown, so far as I know, that one single per
son, not a slave, has ever been surrendered anywhere under the
constitution. And yet, to read the violent speeches and essays
upon this subject, one raight suppose that the sending of free per
sons into bondage was an every day occurrence, which called for
universal indignation. The recent disclosures which have been
made since the new law went into effect, and which show a fugi
tive slave population in the non-slaveholding States, far beyond
what any one had anticipated, is the best coraraenfary upon the
inefficiency of the forraer statutory provisions, and the best justifi-
¦ cation for the coraplaints ofthe South. What, then, my fellew cit
izens, do we want? We want the restoration of harmony and
tranquility to every portion, however scattered, of this great re
public, stretching frora the shores that look upon Europe, to those
which look upon the islands and continent of Asia. All want the
peaceful enjoyment of our priceless institutions, and especially s6
do we, who are approaching our three score years and ten, who
have passed our lives happily under this government, and who de
sire to cast off the fearful apprehension, that long as we have lived,
\we may yet outlive the constitution of our country. Araerican
•citizens flora the cradle, in God's good tirae, we hope to descend
as Araerican citizens to the grave, with the conviction, that after
the religion of His Son, we leave to our children the richest herit
age that ever descended to a people. We want no raore discord,
exciteraent, agitation, but that the legislation, the business, the in-
itercourse of the country should go on as in our forraer days of true
lunion, vvith afl the prosperity which belongs to such a state of
things. No more crusades against the South, no raore public as
serablies to denounce and vilify its people and its institutions, no
more travelling missionaries to excite us against one another, and
especially no more foreign travelling missionaries, who leave at
home objects of misery quite enough to engage all their phflan-
thropy, and exhaust all their charity, vvithout coraing here, to in
struct us how to deal with a great question of constitutional duty.
We want the rainisters of religion to preach the gospel of the
meek and lowly Jesus, and not to convert their pulpits into political
tribunes, to inculcate the doctrine utterly inconsistent vvith the ex
istence of social order, that every man has a right to resist the laws
ofhis country, when they differ frora a standard he chooses to es
tablish for hiraself, and of whose extent and obligations he must be
the judge. This is not the example which was left us by our Di
vine Master and his apostles. And who can point to a single ad
vantage which has resulted from all this violence, rauch, indeed,
ofit virulence? Has the prospect of eraancipation in a single
state, been advanced by it ? No, no. By a natural spirit of reac
tion — a spirit which prompts all of us to resist foreign interference,
the institution of slavery is raore firmly established in all the slave-
holding States than it was thirty years ago. In the operations of

LIFE OF GENERAL CASS. 405
an excited zeal, the fearful consequences involved in the questiou
of emancipating three and a half rafllions of human beings, of a
different race, habits, color — in everything, indeed, that constitutes
huraan identity, living in the raidst of another and superior caste,
are utterly disregarded, and raen rashly deal with such a subject as
they would deal with a question of coramon domestic economy.
Wefl it is for the South that this whole matter belongs to them
selves. There it can only be left, and there the constitution has
left it. (Applause.) If there are any of us in the non-slave-hold
ing States so afflicted with a superabundant phflanthropy that we
cannot be easy without phflanthropic action, if we will but stand
in our own doors we can look around and see objects enough for
our charitable exertion, without expanding and expending this sym
pathetic feeling, where the cost to us is as little as the advantage
to others. It is a cheap way to be charitable, looking at its results
upon the peace of the country. (Cheers.) We have been just
told, in a public meeting at Worcester, by a modest English rais-
sionary, vvho has corae over here to enlighten our ignorance, and
stiraulate our virtuous indignation, that the " idea of abolition had
taken root, and could no raore be put down than the waves of the
broad Atlantic could be rolled back," &c. And this is precisely
what the South fears, and what a large portion of the South be
lieves ; and what increases the fearful difficulty of their position,
and of ours. They see in all these moveraents an eternal attack
upon the institutions of independent States, and they foresee the
time when the barriers of the constitution wifl be broken down, and
this object pursued till accoraplished or defeated by sorae terrible
crisis. The South is coraraitting no aggression upon the North.
They do not claira the right to interfere in our domestic relations,
and to mould them to their own pleasure instead of ours. I firraly
believe that a great raajority ofthe Southern people would be fully
satisfied with the coraproraise raeasures of the last session of Con
gress, if these are faithfully adhered to, and this perpetual warfare
upon thera and their institutions terminated. They acknowledge
the institutions of the constitution, and are wifling to abide by
them. Are we wflling to raeet thera in this patriotic duty ? I
trust we are, feflow citizens. I feel sure we are. But we have
passed the season of erapty professions, and need action, vigorous,
united, constitutional action. We have approached the brink of
destruction, and if we do not speedfly retrace our steps, we shall
be precipitated into the abyss. These tiraes and this question are
above party. It is not a difference of opinion respecting raodes of
administration which divides us, but it involves the very existence
ofthe confederation. Whenever, or wherever, or however this
question comes up, let us forget that we are party politicians, and
remember only tbat we are Americans. Let us foflow the example
of the venerable Kentucky statesraan; doing battle for his country
towards the close of a long and illustrious life, with all the intel
lect and energy ofhis youth, and forgetting his party associations

406 LIFE OF GENERAL CASS.
in the higher party of the constitution. Let us discountenance all
further agitation ofthis whole subject. Let us rest upon the cora
proraise, firraly and honestly. Let us satisfy the people of the
South, that the constitution is a law, which is high enough for pa
triotic Americans, and that for us and our households, we wiU
hold by our obligations. If we do this, all wfll be well. If we do
not, we shall add another to the long list of nations, unworthy of
the blessings acquired for thera by preceding generations, and in
capable of raaintaining thera, but none as signally so as we.
The words of adraonition and warning expressed by Gen. Cass,
in his admirable letter to the coraraittee of the Deraocratic Union
festival at Baltiraore, in December, 1850, should be borne in mind
by every peace loving and law abiding man, no matter what may
be his political tenets.
" The Union," said Gen. Cass. " The Union is in danger."
The evidence of this is bome to us by every breeze. Measures
are advocated and urged, both in the North and South, with a zeal
overleaping all discretion, and with a deterraination of purpose
which, if it does not despise danger, disregards it, and which if not
turned frora its object by patriotisra and moderation, will sound the
knell of liberty in this republic. Let every true American come
¦up to the good work. Let us all, whigs Bnd deraocrats, unite in
"this holy duty, and rescue the ark of the constitution, frora the
perils that surround it. Let us preserve our respective principles
of policy and adrainistration; let the whig reraain a whig, and the
deraocrat a democrat ; but in the great work of protecting their
last and best refuge of human freedora from external and internal
foes ; let us join together, head and heart, and this end once ob
tained, we can go on our way rejoicing, to continue that contest
of action and of opinion which seems essential to the free and con
stitutional action of our governraent.
I cannot be with you at your raeeting. But the loss will be
mine, for I ara sure there wfll be a demonstration of affection and
-attachraent to the Union which wfll gladden the heart of the pat
riot, and which wfll send on the decree, already, I trust, gone forth
frora the bosom of this great coraraunity. Let us live together as
friends, as brethren, as members of one vast family, ivhere the
rights and interests of each are sacredly regarded and protected
by the power of all. Let us be one people, ivith one country and
one government, and let us have no other struggle hut for the com-

LIFE OF GENERAL CASS. 407
7non glory and common prosperity of this great Confederation,
whose boundaries are already swept by the breezes that come from
the Atlantic and Pacific oceans.
The action of Gen. Cass, on the slavery question, received hearty
approval, not only from the democracy of Michigan, but from
the friends of union and constitutional rights every where in the
United States. He was hailed without distinction of party, as one
ofthe saviors ofthe Union. The country was for sorae tirae in a
most perflous condition, and had there been other and less firm
and patriotic men in the Senate of the United States, the result
must have been disastrous to the confederacy. A crisis had been
reached, where the perpetuity of our Union seemed to depend
solely on the deeds of a few statesmen whose decision would either
quiet the fierce exciteraent, or add to its fury by uniting with it,
the experiraent of disunion. The incidental questions of public
policy, arising frora the existence of slavery, have for years past
afforded a terapting opportunity to selfish and arabitious dema
gogues to raise a storm which has rocked and tossed the ship of
State upon a wfld sea of agitation, which, but for the sacrificing
endurance ofa few unyielding pflots raust have finally overwhelraed
it. They faced the storm, and foremost among thera, from the
first moraent of threatning danger, stood the venerable Senator
from Michigan, amid the storra and tempest guiding the bark he
had in charge, safely into port, despite the southern hurricane of
nullification and disunion, and the northern blasts of abolition and
fanaticism. There was a moraent in that intense exciteraent when the storm
had nearly reached the height of its power, when the discordant
eleraents o'f nullification, freesoflisra, and abolitionisra, thought to
obtain the victory over the veteran helrasman, but they were driv
en back, beaten and discomfitted. At the tirae of the election of
Gen. Cass by the Legislature of 1849, an attempt was-made to
defeat him. A raass of heterogeneous opposition was arrayed
against hira, with strength which would have overwhelmed any one
less pure in principle, or infirm of purpose. But the remembrance
of his patriotisra, his efforts for the safety of his country, proved
¦his shield and buckler. He triumphed over the combined factions
which sought his defeat. They were able, however, to hamper his

408 LIFE OF GENERAL CASS.
free action by a set of resolutions of instruction, expressive of
opinions repugnant to the position he had raaintained. But the
triuraph was but momentary. At the succeeding session of the
Legislature, the shackling resolutions were repealed, and Gen.
Cass left free to act as his judgment should dictate.
The men who bound hira down by instructions, which he could
not conscientiously obey, retraced their steps, satisfied that they
had been guflty of great wrong to fheir country, their Senator and
themselves. It vvas fortunate for the destiny of our country, that
the Legislature of Michigan, before it was too late, corrected the
mistake that it had made. Gen. Cass would not have disobeyed
the instructions he received, nor would he have done that violence
to his own opinions which they demanded. He would have re
turned his trust to his constituents, and perchance his place might
have been occupied at the very moraent of extrerae danger, by
one less unyielding to the raoraentary and unsound irapulse that
dictated the instructions. But a still greater change was yet to
occur, bearing with it a raore triuraphant vindication of his states
manship and patriotism. His terra as Senator expired with the
Congress of 18.50. The whole sentiraent of the country asked
for his re-election, and the Legislature of 1851, with an unanimi
ty unprecedented, selected him on the first day of ihe session, for
the ensuing six years. Their choice received the warmest appro
bation frora the national deraocratic party, and his whig opponents
secretly rejoiced at his return to the Senate. The congratulations
which were spontaneously offered to the deraocracy of Michigan
for this glorious tribute of attachment to the true principles of the
party, were received with inexpressible pleasure. They felt as if
they had in part paid the iraraense debt of gratitude due him, a
debt which can only at most be partially discharged by his eleva
tion to the highest honors of the Republic. Few indeed wfll de
ny that his raoderation and firmness — his conciliatory policy,
guarded by strict adherence to constitutional provisions and com
promises, conjoined with the efforts of other distinguished states
men, averted the danger which threatened our Union.
The democrats of the nation cannot forget how unfalteringly
he bore at the late Presidential contest the standard of their party,
with that glorious sentiraent of his own heart — "Our vvhole coun-

LIFE OF GENERAL CASS. 409
try — no sectional prejudices" — and that, although the eagle of vic
tory did not then rest upon our flag, yet the stout hearted bearer
kept it " full high advanced" beyond the reach of the motley crew
who would have trailed it in the dust and dirt of sectional agita
tion and the filth of abolition. The defeat of the democratic
party in that contest, is one of those events which cannot be ac
counted for, by any system of political deduction, founded upon
ordinary premises, but raust be ascribed to a general prevalence
of misapprehension — perhaps indifference. The result should
teach a salutary lesson, which every democrat should carry insert
ed at the head of his political creed, that " eternal vigilance is the
price of success."

CHAPTER XVIII.
Gen. Cass' acquirements and literary standing — His power as a writer— His com
mand of language — Contributions to the Reviews — His sketches of Indian
character — His exposure of the frauds and inaccuracies of certain writers of In
dian History — His account of the battle of INew Orleans — His travels in the
East — Extract from North American Review — His addresses on several occa
sions — Extract — Extracts from his address before the New England Society of
Michigan — •' France, its King. Court and Government — Extract from address
before the Agricultural Society of Michigan — His personal appearance, fee-
Conclusion. The more iraraediate object of this work is to present in con
nection, the principal events in the life of Gen Cass, which have
raarked his career as a public raan, on the field of battle, in the
Cabinet, at a foreign Court, and in the halls of legislation. In
closing this sketch ofhis public life, a brief raention ofhis literary
productions wfll serve to show that his pen has not been confined
exclusively to the advocacy of political theories ; and that even
araid the labors of the camp, the treaty ground, or the diplomatic
circle, he has found tirae to add to the literary wealth of our coun
try, and enrich its stores by giving to the public his views and
irapressions on subjects about which they have felt raore than or
dinary interest. His essays and reviews exhibit a raost profound
and extensive acquaintance with the subjects of his research, and
his reflections are clothed in language pure, coraprehensive and
definitely expressive of the idea of the writer. Certainly no better
illustration ofthe strength and power ofthe English language, can
be found, than in his writings. For felicity and clearness of ex
pression ; for using just the right word in the right place, and an
entire absence of all " fantastic barbarisra of expression,'" they
hold a high rank in the world of letters. His contributions to the
North American Review, in the days of its coraraanding influence
and superiority, added as well to the celebrity of that magazine,
as to the dissemination of correct information upon subjects which
formed the text of his criticisms.
The raost accurate and reliable account of the condition, traits

LIPE OP GENEKAL CASS. 411
of character, and phflological peculiarities, of the Indian tribes is
to be found in the articles of Gen. Cass, published in the North
Araerican Review during the year 1827, reviewing the works of
Hunter, Halkeld, Heckwelder and Rawle, on Indian custoras and
manners. The gross misrepresentations of the first named writer,
the results of ignorance and a design to create odium against the
United States, were exposed in a raasterly raanner, by Gen. Cass,
in the January nuraber of the Review, for 1827 ; and the errors
and inaccuracies ofthe devoted 'raissionary, Heckwelder, caused
by his close intimacy with, and fondness for, one single tribe, in
vestigated and corrected in a spirit of enlightened criticism seeking
to impart truth, whfle it regretted the necessity of counteracting
the effects of the erroneous opinions and prorainent errors of the
zealous and self-sacrificing Moravian. Additional contributions
to knowledge of Indian affairs, and a correct understanding of the
policy of the United States, in regard to the Indians, were made
by Gen. Cass in elaborate comraunications to the sarae Review, in
the years 1828 and 1830, in which the relations ofthe governraent
with the aborigines are fufly explained and investigate d. The state
ments of the London Quarterly Review, upon which it based its
censures of the treatraent which the Indians received frora the
United States, were shown, by indisputable proof, to be equally
destitute of courtesy and truth. The siege of New Orleans forms
the subject of an article from the pen of Gen. Cass, published in
the American Quarterly Review for January, 183.5 — and, although
the account of a British officer, of the attack on New Orleans, is
placed at the head of the article, the reader will find the article to
be a separate and distinct narrative of that brflliant event.
When Gen. Cass accepted the office of Minister to France, it
was with the condition, that if the duties of his station would per
mit it, he should fulfil a determination previously made, of visiting
the lands of ancient story and classic history. Opportunity favor
ed this deterraination, and Gen. Cass visited the countries famed
in history as the theatre of great events, sacred and profane. He
ascended the Nile — traversed the Holy Land — saw the Mount of
Olives — the garden of Gefhsemane, Mount Gihon, and the pools
and fountains arotjnd Jerusalem, as recorded in Bible history. It

412 LIFE OP GENERAL CASS.
is to be regretted that he has not given to the world a continuous
account of his travels in the East.
The following extracts frora an article in the North American
Review, wfll afford an example of Gen. Cass' power of description :
* * * " This great sandy desert extends along
the Mediterranean, at a short distance from its shores, and reaches
to the Red Sea. It obtains, very soon, a considerable elevation,
and then presents the aspect of an irregular plane, varied by hifls
and hoflows. A traveler in this region would see before him a
chain of sand hills, extending across the line of his route, and, on
attaining their sumrait would see beneath hira an iraraense valley.
Whether approaching by the Lybian or the Arabian desert, the as
pect would be the sarae. He would stand upon a sandy ridge, with
all that fhe iraagination could conceive raost desolate behind hira,
and before hira one of the most raagnificent prospects ever pre
sented to huraan eyes. He would survey a deep vafley, bright with
vegetation, and teeraing with a depressed tat laborious population,
engaged in the various labors of agriculture. He would see oppo
site to hira another eternal rarapart, which, with the one he stands
upon, shuts in this vafley, and between them a mighty river, flow
ing in a winding course, frora the foot of one chain to the other,
furnishing lateral canals, vvhich becorae fountains, whence the wa
ter is elevated by wheels and buckets of the rudest structure,
worked soraetiraes by men and sometimes by cattle, and no doubt
identical with the process in use in the days of Sesostris ; and this
water is conveyed over the surface, and communicates that won
derful fertility, which formerly rendered this country the granary
of the world, and yet endows it with a povver of production un
known eVen in the most highly cultivated parts of Europe. And
this river is the Nile, and this vafley is Egypt ; the Egypt of the
enslaved Israelites, and of their proud task-masters ; the Egypt of
the Pharaohs, of the Ptolemies, and of the Mamelukes; the Egypt
of On, of Thebes, of Memphis, and of — Damietta ; the Egypt
of early civilization, where science and literature were first culti
vated, and whence they were sent to enlighten the nations of the
west, and the Egypt of the Fellahs, and of the grossest ignorance
and raisery. *****
Jerusalem has been a fruitful therae in the journals ofthe trav
elers. Tradition has raarked the spot of every interesting inci
dent, which the Scriptures record as having occurred within its
walls. Credulity and skepticism have equally exarained and dis
cussed these legendary tales. Men of the ardent temperaraent of
Chateaubriand and Laraartine, believe every thing ; while others,
like Volney, whose mental temperaraent is different, believe noth
ing. Probably not one stone of ancient Jerusalem remains in its
place. They point to a part of the foundation of the walls, facing
the valley of Jehoshaphat, where are sorae large blocks, apparently

LIFE OF GENERAL CASS.

413

of an earlier age than the rest ofthe structure, and consider these
as the relics of the ancient city. But this is a raere conjecture,
resting upon no established proof Jerusalem has been swept with
the besora of destruction. The iraprecations against it have been
fulfilled. The Assyrian, the Greek, the Roraan, the Crusader, the
Turk, the Egyptian, have raarched over its walls, and established
their camps in its holy places. Superstition, fanaticisra, revenge,
have conspired to sweep away its raonuraents and to raake it deso
late. The great features of its topography no huraan power can
change. They have been iraperishably raarked out by an Alraighty
hand. Its site occupies the projecting point of a high hill, bound
ed on the east by a deep, narrow valley, successive portions of
which were called the valley of Kedron, of Jehoshaphat, and of
SUoam, in the bottom of which flows the brook of Kedron ; and
on the southwest and south by the valley of Sihon, where trickles
the litde stream cafled Gihon. These rivulets unite, a short dis
tance below the pool or spring of Siloam, and wind their way
araong broken raountains to the Dead Sea. On the northwest the
city joins the table land of the coui^ry, and it is in this direction,
that it has been successively enlarged and contracted, as prosperity
or adversity augmented or diminished its population. And, al
though it has been supposed by some writers, thaf the ancient city
extended across the valley of Gihon, yet the conjecture has been
advanced solely to render the legendary sites of some of the mira
culous events which occurred within its walls, consistent with
Scripture narrative, and is contradicted by the nature of the ground;
for it is unreasonable to suppose, that the advantage of a strong
position vvould be abandoned by enclosing a deep valley, when
there was space enough on the table land for indefinite extension.
*****
The reverberation of the sun's rays gave to the vale of Siddira
an equatorial heat in the raonth of August, and we raised ourselves
frora the fount of Elisha, and resumed our route to fhe Dead Sea,
before the dawn of day, to avoid, as much as possible, the noon
tide sun. We traversed much of the space between Jericho and
the shore of the lake in the night, and a raost irapressively raourn
ful ride we had of it ; over barren sands, covered here and there
by low, stunted bushes, every now and then striking us in the face,
to warn us, as it were, that the home ofthe wild Arab was around
us. And, as the streaks of morning light dawned over the moun
tain of Moab, a most extraordinary spectacle presented itself to
our eyes; an army appeared upon the drenry, deserted snnd, be
tween us and the dark water, which stretched away beyond our
view, lost in the high ridges, which overhung it. No deception
was evev more complete ; for long ranks of soldiers seeraed drawn
up, marching and countermarching in all directions, with great
regularity. It looked as if the genius of the place had embodied
his forces, to bar all access to his gloomy dominions. And it was
only as the day advanced, and as we approached the shore, that our

414 LIFE OP GENERAL CASS.
formidable enemy assumed the peaceable shape of countless flocks
of birds, of the heron species, who, the Arabs say, come to pass
the night upon the sand, and in the day seek their food among the
reptfles in the mountains. The immensity of their numbers ex
ceeded all imagination ; and, if the regions of Palestine are fertfle
in nothing else, they must be most prolific in snakes, if the Arab
natural historian raay be trusted. And this is the Dead Sea, and
below these dark waters are the sites, perhaps the ruins of Sodom
and Gomorrah, such as "when the smoke of the country went up,
as the smoke of a furnace." There is a tale, that nothing living,
not even a bird, can ever cross this sea. But there is no need of
imaginary stories to heighten the desolation of the scene, and we,
as well as other travelers, can testify to its inaccurary, by our own
observations. We believe, however, that its waters are unfavora
ble to animal life ; and, though a shell or two may be occasionally
picked up upon the shore, yet these have been probably brought
down by the Jordan. The water is excessively bitter and nause
ous ; ahd, if additional evidence were wanting, we also could testify
to its great gravity, and to the .buoyancy of the human body, when
immersed in it. It is only by much exertion, and for a very short
time, that any one can get and remain below the surface.
We went from here to the Jordan, and struck the river, where
tradition says, the chfldren of Israel passed over, when they first
entered the Land of Proraise. On the west side is a low bottora,
and on the east a high sandy bluff, and the shores of the river are
covered with aquatic bushes. The water was thick and turbid,
and the current rapid, and too deep to be sounded, " for Jordan
overflowed all his banks, all the tirae of harvest." And here crossr
ed the Jewish nation, over this turbulent stream, "on dry ground,
until all the people were passed clean over Jordan." And we fol
lowed their route to Jericho, the frontier city of the Canaanites,
where "the people shouted with a great shout, that the wall fefl
down flat, so that the people went up into the city, every man
straight before him, and they took the city." There is no city now
to take, nor are there any wafls now to fafl. There are a few mis
erable hovels, made of rude stones and mud, and the ruined walls
of a buflding of the raiddle ages, where the wretched Arabs bur
row, rather than live. Jericho has disappeared as completely as
her rival cities, which sunk before the wrath of the Almighty.
And it requires an effort to be satisfied, that here the great mira
cle, which attended the entrance of the Jews into Canaan, was
perforraed, though the truth of the denunciation is before the eyes
ofthe traveler : "Cursed be the raan before the Lord, that raiseth
up and bufldeth this city Jericho."
On various occasions Gen. Cass has delivered addresses before
scientific and literary associations and other societies, most of
which have been published and laid before the public. In Sep
tember 1829, he delivered a discourse at the first meeting of the

LIFE OF GENERAL CASS. 415
Historical Society of Michigan ; and also one in 1836, before the
American Historical Society of Washington, of vvhich he was Presi
dent. In August, 1830, he accepted an invitation from the asso
ciation of the Alumni of Hamilton College, to deliver an address
at their anniversary meeting. He also delivered an o ration on the
Fourth of July, 1843, at Fort Wayne, Indiana, at the celebration
ofthe completion ofthe Wabash and Erie canal.
It is presumed that the reader will ask no apology for the inser
tion here ofthe annexed portions ofthe address delivered by Gen.
Cass before the New England Society of Michigan, on the twenty-
second of December, 1848. The description of the impressive
ceremony, when the Pflgriras were about to leave the shores of
Holland, is unequalled for beauty of expression and fitness of lan
guage to the scene portrayed.
" And now carae the embarkation ; the first act in the great dra
ma of their pilgrimage. The May Flower — I pass over the history
of her consort, as she did not reach America — the May Flower,
destined to become their arkjacross the ocean, was ready to receive
them at the small port of Delft, in Holland. The little colony,
male and female, youth, manhood and old age, marched in solemn
procession to the strand, and here occurred an impressive scene,
one of those incidents, which mark the character of events, and
leave their impress upon history, during all time to corae. The de
parting band kneeled down upon the beach, and their venerable
pastor blessed their enterprise, and coraraended all, with all their
interests, to Hira, who made the sea and land, and conld save them
from the perfls of the deep, as he saved his chosen people, and
guided thera in his own rairaculous path through the waters of the
Red Sea."
* * * * *
" And on the strand of the ocean, in that temple not ma de with
hands, was the last offering of the Pflgriras. The old cathedrals
of Europe are imposing structures, powerfufly affecting the human
imagination, and preparing the human mind for the solemn duties
of Religion. Their dim light, mellowed by the stained glass,
painted with interesting scenes from Biblical story, their lofty
arches, their clustered columns, their long aisles, their sflence and
their magnitude, and the centuries that have passed over th era,
with the raemory of the numberless host, that worshipp ed there
and have now gone to their account, all these irapress the faculties
with awe, and whfle they shut out external nature, they invite ma n
to the contemplation of himself and of his relation to his Create r.
But the shore of the ocean was the cathedral of the exiles. They
had the blue firmament of heaven, God's own canopy, over them,
their altar was the tide worn beach, where land and water had met

416 LIFE OF GENERAL CASS.
and contended for mastery since the creation ; around them was
the coast of Europe, they vvere about to leave, and the broad At
lantic, they were about to cross, rofling its surges upon the strand,
and mingling its mighty voice with the voiceof the preacher ; ahd
between them, their wives and chfldren, and the forests of the new
world, was nothing but the sky and the water, and the wonders of
the great deep. And thus they prayed and departed.
*****
" The chances and changes of the world are written in living
characters, upon every page of human story. Soraetiraes its rau-
tations, in the stem reality of truth, are stranger than the wildest
fiction of Eastern imagination. I have often conversed in early
youth, with a venerable relative, then at the extremity of a long
life, who was a cotemporary of the first chfld, born to the Pflgriras,
after they landed upon this continent. What an almost overpow
ering image of the progress of this federative empire, does the
simple fact present, that a single life raeasures the space between
the oldest born of one great portion of the new race destined to oc
cupy this Hemisphere, and the twenty millions of people, who are
now fulfflling that raighty raission, commenced in weakness, but
consumraated in power. Between the little band of self-expatriated
christians, seeking a horae, they knew not where, and the means
of life, they knew not how, and the great nation vvhich has none to
make it afraid, and which stretches its vast doraain from the At
lantic to the Pacific, and alraost from the Arctic Circle to the
Northern Tropic. What contrast can be stronger or stranger, than
that, which this day in its annual revolution, presents to the obser
ver ; corameraorated. as it is, wherever the sons of Nevv England
are found; and that wherever is everywhere, and in regions far
beyond tbe world of the Pflgriras, and that vvhich it presented, when
the rock of Plymouth received the stranger frora the bosom of the
ocean, and becarae his pedestal in a New World. It vvas the end
of his pilgrimage. It has now become the object of ours. A shrine
of patriotism, hallowed by the act it witnessed, to which our coun
tryraen wfll hereafter corae up, and standing where the Pilgrims
stood, recall the days, and the deeds, and the dead, vvhich make
that mass of unhewn granite one of the high places of the earth.
It needs no sculpture to give it interest. No inscription to carry
down to ages yet unborn tjje memory of the scenes vvhich have
passed over it, and which vvill forever " live in reraerabrance, and
grow green in song." And I have stood upon this relic of the
olden time, and have called back tbe day of debiirkaiion, and the
humble scene, which has made it imraortal. And I have stood in
prouder places ; prouder in their renown, for their naraes are writ
ten ou the deathless pages of Homer and Herodotus. I have stood
upon the plain of Troy, and the field of Marathon ; and have re
called the departed glories ofthe early ages ; but if these naraes
of raighty iraport excited ray iraagination, the associations of the
rock of our fathers touched my heart, and I bowed in gratitude lo

LIFE OF GENERAL CASS. 417
Him, who provided a home, our home, for the Pilgrims, and gui
ded them tfll they found it.
Geri. Cass was also the writer of an article entifled " France, its
King, Court, and Government,'' published a few years ago in the
Democratic Review, and since then, in the form of a volume.
The influence of that article in securing the good will of the
French Court and Government towards the United States and their
Representative, has not, perhaps, been appreciated to its just ex
tent. The latest literary effort of Gen. Cass, was an address delivered
in September 1851, before the Agricultural Society of the State
of Michigan. This address has been published in nearly all the
newspapers of the country, and has elicited from all, unqualified
admiration. The acquaintance raanifested by the writer, with the
minutia of agricultural science, is indeed astonishing, when it is
remembered in what different pursuits he has passed his life. The
address abounds in suggestions for improvement in agricultural
knowledge, which are thoroughly practical, and have on their face
evidence of their eminent utflity, if adopted. The duty of the
agriculturist, and the importance of his occupation to the welfare
of government, is forcibly delineated in che followiug paragraphs :
" I have presented for your consideration, for your co-operation,
indeed, various suggestions connected with the advancement of
agriculture ; but far beyond these in influence and iraportance, is
the advanceraent of the agriculturist ; the education, sound, prac
tical and enlarged, of that vast body of our youth who forra, and
are to form, the farming interest of our country ; an interest that
/embraces more than one half of our population, and a stfll greater
proportion of the permanent influence to which our social and po
litical institutions must look for support in those periods of their
trial, which have heretofore come upon other nations and have
eome upon us. The cultivator of the soil is engaged in one ofthe
noblest occupations that belongs to the whole circle of human em
ployment. In replenishing the earth and subduing it, and in mul
tiplying every herb bearing seed, and every tree in which is the
fruit ofa iree yielding seed, all of which vvere given to man " for
meat," before he left his primitive residence, where God first plant
ed him. He deals with organic life, with its production, its im
provement, its multiplication with the raeans of subsistence for that
great famfly of rational and responsible beings which " has domin
ion" over all that the earth brings forth, as well as over every liv
ing thing that moveth upon it. His existence does not pass in
crowded cities, the works of man, surrounded with the physical

418 LIFE GENERAL CASS.
and moral flis, which a dense population is sure to bring with it^
He walks abroad among the works of God, reading the great Book
of Nature, whose every page is filled with lessons of wisdom, writ
ten in characters that no raan can raisunderstand, but the fool that
saith in his heart there is no God.
The light that shines, the wind that blows, the rain that falls,
the phenomena of nature, are the companions of his daily walks,
and works, not more objects of curiosity or even of contemplation,
indifferent or interesting, as he neglects or observes them, but ever
active agents in the progress of production, co-laborers with him
self in the domain of Nature, performing the functions assigned to
them, " in seed tirae and harvest, and cold and heat, and suraraer
and winter, and day and night," vvhich we are told by Him who
knoweth and ordaineth it, shall not cease while the earth remaineth.
The work' shop ofthe farmer is not a narrow and heated room,
shut out frora light and air — but broad fields and an open sky are
the witnesses of his labors ; and it is not mere inert matter that he
deals with, calling into exertion his mechanical powers only, but
one ofthe great kingdoms of living nature, furnishing subjects of
ceaseless observation and wonder to the highest intellest, and for
ever inviting the researches of man, as well by the enlarged views
it presents of great natural operations, as by the effect of this in-
crea^d knowledge upon the heart and the understanding, and by
the rewards, which are sure to follo"w the exertions of the enlight
ened cultivator.
Frora the hyssop that springeth out of the wall, to the cedar of
Lebanon, frora the lowliest plant that creeps into life, to the giant
of the forest that rears its head above a sea of vegetation, resist
ing the winds of Heaven' for centuries, there is a raighty mass of
organized forras endowed with a principle of vitality, which pro
claira the power of God, and invite the researches of man. Won
drous are its extent, its variety, the laws of its being, the purposes
it fulfils, the mode of its production, its existence and its repro
duction and the admirable organization by which its functions are
to be performed, and inorganic raatter converted into its beautiful
foliage, which covers the face of the earth, rejoicing the eye and
the heart, and rainistering to the wants of sentient creation. And
the life of the farmer passes in the midst of this great faraily of
nature. It is his daily care to cultivate, to increase, to iraprove
those branches of it which are the raost necessary for human com
fort and subsistence ; and it should be his daily pleasure, as it is
his duty, to observe the processes of vegetable life, the habits of
plants, and the laws regulating their organization, that he raay
know how to make the earth bring forth hy handfuls, like the se
ven plenteous years of Egypt, and stifl meliorate his practice, as
he extends his knowledge. Who does not see, that here is scope
enough for the most powerful intellect, the most enlarged under
standing? The practical study of the works of creation, adrait
ting the application of advanced science, as well as the highest

LIFE OF GENERAL CASS. 419"
powers of personal observation; and yet since the earliest period,..
indeed, since the acorn gave place to wheat as the principal arti
cle of subsistence, a delusion has been propagated, not universal
indeed, for there are honorable exceptions, both in ancient and
in modern days, but far too general, and so firmly maintained, that
even now it exerts a powerful influence, and is but slowly yielding
to the inteflectual progress vvhich raarks the age in vvhich we live.''
Of the personal traits of Gen. Cass' character, but few words
need be said. ' His benevolence, towards those upon whom the
hand of misfortune has been heavfly laid, is well known to those
familiar with his private life. In tiraes of public calamity, amid
the ravages of war — when his feflow citizens were held in bond
age by their Indian captors, his time, influence, and purse, vvere de
voted to their use. Many persons are still living whose lives vvere
saved and their release obtained, by his interposition. A man of
great wealth, he lives unostentatiously, and there is no show of un
usual splendor about his dwelling, to mark it as better tl^an his
neighbors. Affable and courteous to all, he wins the respect and
friendship of those who approach him.
His residence, in the city of Detroit, is a plain wooden bufld
ing, where, in the intervals of his Senatorial duty, he passes his-
time, with his famfly, unambitious of any public station of distinc
tion, except when called from his retirement by the general voice
ofhis political friends, to assume the responsibflities of public office.
In personal appearance. Gen. Cass is decidedly imposing. His
person is large, robust and well fifled out, presenting a little more
embonpoint, than at the period of his appointraent as Minister to
France. He was then more active. His movements now indicate
something of the caution of age, without any of its weakness or
uncertainty.* In heighth, he is about five feet eight inches, perhaps
a little more, the fuflness of his person giving the impression of a
shorter man. His frarae is well knit together, and indicates a
muscular power that has been developed by early exposure. In
watching his powerful step, now, the observer would read, without
surprize, the account ofthe incident elsewhere related, which oc
curred, nearly thirty years ago, at the Saut St. Marie, when he ad
vanced into the midst of a hostfle camp of Indians, ahd tore down,
with his own hands, the cross of St. George, and placed in its stead
the. star spangled banner of his country. He would feel certain

420 LIFE OP GENERAL CASS.
that the General would, under siraflar circurastances, do it again.
Gen. Cass' face is full and expressive ; his forehead is lofty,
whfle its great breadth and singular depth frora brow to occiput,
indicates power of inteflect. His head is of the largest size, and
the outlines classical, and no one, who meets him, can doubt he
has encountered a deep thinker and a statesraan. His brows are
bushy and heavy ; his nose rather long, but elevated, full, rectili
near and classical ; his eyes are blue, and, when in repose, subdued
in expression. Nuraerous busts and paintings have been made of
Gen. Cass. It is believed that the finest marble is that by Jones,
who has idealized the head sufficiently for the dera ands of art,
without losing any ofthe essential detafl to a likeness. A portrait
of Gen. Cass, by Mr. Bradish, is said to be a most exceflent like
ness and a superior work of art. It represents him in the act of
addressing the Senate : one arm thrown behind him, in an attitude
that will be recognized by all who are familiar with his manner of
speaking. In closing this sketch, the writer would say, that in the scope of
a single volume like this, it is not possible to do justice to the
character and services of Gen. Cass, nor has he the vanity to think
that, under any circumstances, could he be able to perform that
duty. That must be reserved for an abler pen. To present suc
cinctly the main features ofthe public care,er of Gen. Cass, and to
show, by extracts from his speeches and addresses, how earnestly
he has labored for the good of his country; and how entirely free
from sectional prejudice he is, as a statesman, has been all that
the writer hoped to accomplish.

THE END.

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