Writing assignment for U.S History to 1877

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®a THE EMERGENCE OF A MARKET ECONOMY, 1815-1850

Opportunity plus improvements equaled growth, and growth, to most Ameri- cans, meant progress and prosperity. As the nation grew physically, it encom- passed more people who ingeniously and energetically pursued individual and national improvements. Many of these people cultivated more and more land. Agriculture, however, blossomed not just because additional farmers worked on extensive homesteads; it flourished because other Americans, native born and immigrant, created better tools with which to work. Inventors devised mechani- cal aids, from the cotton gin that transformed the South to the mechanical seed- ers and reapers that, in the Old Northwest, helped turn sustenance farming into commercial agriculture.

The farmers then needed greater markets and ways to get their goods to them. Furthermore, those farmers became markets for other goods they could not easily or profitably produce. Well aware of the farmers' situation, Americans took a great interest in internal improvements-whether financed by the national or

state governments. While citizens wrangled over the type and sponsorship of improvements, their

federal and local governments proceeded to build roadways and waterways. The National Road was the premier example of the former, and the latter included the numerous canals that gouged through the states, connecting rivers and lakes, cities and shipping terminals. Yet these did not represent the greatest innovations in transportation. People had long used the power supplied by air, earth, and water, but in harnessing the power created by a combination of those elements-steam

power-they revolutionized the ways by which people traveled. Steamships began to ply the country's rivers, lakes, and shorelines, and heralded the beginning of the end for the great ocean sailing ships. Steam-powered locomotives, engines on wheels that moved on tracks, also energized the movement of people and products.

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210 CHAPTER 8 THE EMERGENCE OF A MARKET ECONOMY, 1815-1850

"Indian Summer." The moon had rather passed the meridian of her grandeur. We glided down the river, meeting no other ripple of the water than that formed by the propulsion of our boat. Leisurely we moved along, gazing all day on the grandeur and beauty of the wild scenery around us.

Now and then a large catfish rose to the surface of the water, in pursuit of a shoal of fry, which, starting simultaneously from the liquid element, like so many silvery arrows, produced a shower of light, while the pursuer with open jaws seized the stragglers, and, with a splash of his tail, disappeared from our view ....

Nature, in her varied arrangements, seems to have felt a partiality towards this portion of our country. As the traveller ascends or descends the Ohio, he cannot help remarking that alternately, nearly the whole length of the river, the margin, on one side, is bounded by lofty hills and a rolling sur- face, while on the other, extensive plains of the rich- est alluvial land are seen as far as the eye can command the view. Islands of varied size and form rise here and there from the bosom of the water, and the winding course of the stream frequently brings you to places where the idea of being on a river of great length changes to that of floating on a lake of moderate extent. Some of these islands are of consid- erable size and value; while others, small and insig- nificant, seem as if intended for contrast, and as serving to enhance the general interest of the scen- ery. These little islands are frequently overflowed during great freshets or floods, and receive at their heads prodigious heaps of drifted timber. We foresaw with great concern the alterations that cultivation would soon produce along those delightful banks.

As night came, ... [t)he tinkling of bells told us that the cattle which bore them were gently roving from valley to valley in search of food, or return- ing to their distant homes. The hooting of the Great Owl, or the muffled noise of its wings as it sailed smoothly over the stream, were matters of interest to us; so was the sound of the boatman's horn, as it came winding more and more softly from afar. When daylight returned, many songsters burst forth with echoing notes, more and more mellow to the listening ear. Here and there the lonely cabin of

a squatter struck the eye, giving note of commen. ing civilization. The crossing of the stream by deer foretold how soon the hills would be coverc with snow.

Many sluggish flat-boats we overtook ar. passed: some laden with produce from the differe-· head-waters of the small rivers that pour the tributary streams into the Ohio; others, of le dimensions, crowded with emigrants from distar parts, in search of a new home. Purer pleasure never felt; nor have you, reader, I ween, unle· indeed you have felt the like, and in such company

The margins of the shores and of the river wer at this season amply supplied with game. A Wi:_ Turkey, a Grouse, or a Blue-winged Teal, could procured in a few moments; and we fared well, fo~ whenever we pleased, we landed, struck up _ fire, and provided as we were with the necessar utensils, procured a good repast.

Several of these happy days passed, and K = neared our home, when, one evening, not far fror:. Pigeon Creek (a small stream which runs into tht Ohio, from the State of Indiana), a loud and strange noise was heard, so like the yells oflndian warfare that we pulled at our oars, and made for the oppo- site side as fast and as quietly as possible. The sounc. increased, we imagined we heard cries of "mur- der;" and as we knew that some depredations hac lately been committed in the country by dissatisfie,- parties of Aborigines, we felt for a while extreme!· uncomfortable. Ere long, however, our mind became more calmed, and we plainly discoverec that the singular uproar was produced by ar enthusiastic set of Methodists, who had wanderec thus far out of the common way, for the purpose o holding one of their annual camp meetings, unde~ the shade of a beech forest. Without meeting witr. any other interruption, we reached Henderson distant from Shippingport by water about tw hundred miles.

When I think of these times, and call back t, my mind the grandeur and beauty of those almos• uninhabited shores; when I picture to myself the dense and lofty summits of the forest, that every- where spread along the hills, and overhung the margins of the stream, unmolested by the axe of

ler; when I kr ·igation of th1

s worthy Virg - ·.- Aborigines a

-t herds of ell

-:g for themseh rings, have ceai

grand porti1 _ ;n a state of n~

th villages, fa1 :nmers and ma

e woods are fa ,, and the fire

~-boats are glidi _ ..:: of the majesti

-oot and to prm rplus populatic destruction of

•en place in the , wonder, and,

:arcely believe it -hether these ch orse, I shall not ·ay my conclus that there an

the time when .• as not been bee: -complish such a

ur COOPERS [V, more Cooper) h ,-,etent for the tas use the changes

uch rapidity, a

210 CHAPTER 8 THE EMERGENCE OF A MARKET ECONOMY, 1815-1850

As night came, ... [t]he tinkling of bells told us that the cattle which bore them were gently roving from valley to valley in search of food, or return- ing to their distant homes. The hooting of the Great Owl, or the muffled noise of its wings as it sailed

smoothly over the stream, were matters of interest to us; so was the sound of the boatman's horn, as it came winding more and more softly from afar. When daylight returned, many songsters burst forth with echoing notes, more and more mellow to the listening ear. Here and there the lonely cabin of

a squatter struck the eye, giving note of commenc- ing civilization. The crossing of the stream by a deer foretold how soon the hills would be covered with snow.

Many sluggish flat-boats we overtook and passed: some laden with produce from the different head-waters of the small rivers that pour their tributary streams into the Ohio; others, of less dimensions, crowded with emigrants from distant parts, in search of a new home. Purer pleasures I never felt; nor have you, reader, I ween, unless indeed you have felt the like, and in such company.

The margins of the shores and of the river were at this season amply supplied with game. A Wild Turkey, a Grouse, or a Blue-winged Teal, could be procured in a few moments; and we fared well, for, whenever we pleased, we landed, struck up a fire, and provided as we were with the necessary utensils, procured a good repast.

Several of these happy days passed, and we neared our home, when, one evening, not far from Pigeon Creek (a small stream which runs into the Ohio, from the State oflndiana), a loud and strange noise was heard, so like the yells of Indian warfare, that we pulled at our oars, and made for the oppo- site side as fast and as quietly as possible. The sounds increased, we imagined we heard cries of "mur- der;" and as we knew that some depredations had lately been committed in the country by dissatisfied parties of Aborigines, we felt for a while extremely uncomfortable. Ere long, however, our minds became more calmed, and we plainly discovered that the singular uproar was produced by an enthusiastic set of Methodists, who had wandered thus far out of the common way, for the purpose of holding one of their annual camp meetings, under the shade of a beech forest. Without meeting with any other interruption, we reached Henderson, distant from Shippingport by water about two

hundred miles. When I think of these times, and call back to

my mind the grandeur and beauty of those almost uninhabited shores; when I picture to myself the dense and lofty summits of the forest, that every- where spread along the hills, and overhung the margins of the stream, unmolested by the axe of

the settler; when I know I safe navigation of that ri1

of many worthy Virginia: ger any Aborigines are tc the vast herds of elks, once pastured on these making for themselves salt-springs, have ceased all this grand portion being in a state of natur, ered with villages, farm of hammers and mach that the woods are fast by day, and the fire b steam-boats are gliding: length of the majestic take root and to prospe! the surplus population in the destruction of th civilization into its remember that these e all taken place in the I pause, wonder, and, al can scarcely believe it

Whether these cha the worse, I shall not P! ever way my conclusio regret that there are accounts of the state of from the time when o This has not been beca to accomplish such an and our CooPERS [vVa Fenimore Cooper] ha,· competent for the task. because the changes with such rapidity, a

:he settler; when I know how dearly purchased the ;afe navigation of that river has been by the blood f many worthy Virginians; when I see that no lon-

=er any Aborigines are to be found there, and that ·ie vast herds of elks, deer and buffaloes which nee pastured on these hills and in these valleys, aking for themselves great roads to the several

;.alt-springs, have ceased to exist; when I reflect that this grand portion of our Union, instead of

.~ing in a state of nature, is now more or less cov- red with villages, farms, and towns, where the din ~- hammers and machinery is constantly heard;

·-:at the woods are fast disappearing under the axe _ ·,· day, and the fire by night, that hundreds of -earn-boats are gliding to and fro, over the whole .rngth of the majestic river, forcing commerce to

-e root and to prosper at every spot; when I see -:e surplus population of Europe coming to assist -: the destruction of the forest, and transplanting

.::·dlization into its darkest recesses;-when I -=member that these extraordinary changes have

• taken place in the short period of twenty years, :-ause, wonder, and, although I know all to be fact, n scarcely believe its reality.

Whether these changes are for the better or for .e worse, I shall not pretend to say; but in what- er way my conclusions may incline, I feel with gret that there are on record no satisfactory ·.:ounts of the state of that portion of the country,

m the time when our people first settled in it. ~-:;s has not been because no one in America is able

accomplish such an undertaking. Our IRVINGS dour COOPERS [Washington Irving and James :iimore Cooper] have proved themselves fully ::npetent for the task. It has more probably been cause the changes have succeeded each other .di such rapidity, as almost to rival the move-

JOHN JAMES AUDUBON: The Ohio (1830s) 211

ments of their pen. However, it is not too late yet; and I sincerely hope that either or both of them will ere long furnish the generations to come with those delightful descriptions which they are so well qual- ified to give, of the original state of a country that has been so rapidly forced to change her form and attire under the influence of increasing population. Yes; I hope to read, ere I close my earthly career, accounts from those delightful writers of the prog- ress of civilization in our western country. They will speak of the CLARKS, the CROGHANS, the BOONS [including George Rogers Clark, his brother William Clark, William Croghan and his son George, and Daniel Boone, all of whom were important to Kentucky's history], and many other men of great and daring enterprise. They will ana- lyze, as it were, into each component part, the country as it once existed, and will render the pic- ture, as it ought to be, immortal.

REVIEW QUESTIONS

1. How does Audubon juxtapose wilderness and civilization in this piece? Did he see equilibrium between them at that time?

2. What part did the Ohio River play in fostering both nature and development?

3. What does his comparison of the noise engen- dered by a Methodist camp meeting to the war yells of Native Americans reveal about his per- ceptions of the frontier 's peoples?

4. Why does he think that the great authors of the age should describe the country as it was when the first settlers spread out through it? Why does he believe that "picture" ought to be immortal?

212 CHAPTER 8 THE EMERGENCE OF A MARKET ECONOMY, 1815-1850

WILLIAM SCHAULER

FROM The Factory System of

Yankeedoodledum (1845)

As America grew, the market for news grew, and those wanting and reading the news included the growing working class. The number of newspapers increased dramatically, especially in the new urban areas. The New York Herald, which began production in 1840, replacing the Morning Herald, was one of the new papers and it, like others, reported on events from around the country if it thought the informa- tion would get people to buy and read it.

Americans were keenly interested in the developing factory system, and Lowell, Massachusetts, was the site of many of the mechanical, business, and social innova- tions that marked the system. The Boston Associates had erected numerous cotton mills in Lowell starting in 1822. These manufacturers also built boardinghouses and provided educational and recreational opportunities for their workers, of which most were single young women. At least that was the case at first. Over the years other manufacturers opened factories elsewhere and competition for workers and markets as well as technical innovations altered the factory system. A system that many people initially hailed as offering more humane working conditions than other labor came to be seen as increasingly exploitive. People increasingly asked how and how long laborers should work.

From "The Factory System of Yankeedoodledum," New York Herald, April 24, 1845, issue 112. Available from 19th Century U.S. Newspapers, Gale. [Editorial insertions appear in square brackets-Ed.]

The Factory System of Yankeedoodledum

Report of the Committee on the Ten Hour System

Commonwealth of Massachusetts

by Mr. John Quincy Adams Thayer, and eight hun- dred and fifty others, "peaceable, industrious, hard working men and women of Lowell." The petition- ers declare that they are confined "from thirteen to fourteen hours per day in unhealthy apartments," and are thereby "beatening [sic], through pain, disease, and privation, down to a premature grave." They therefore ask the Legislature "to pass a law providing that ten hours shall constitute a day's work," and that no corporation or private citizen "shall be allowed, except in cases of emergency to employ one set of hands more than ten hours per day."

House of Representatives March 12, 1845

* * * The first petition which was referred to your Com- mittee came from the city of Lowell, and was signed

The second petition came from the town of Fall River and is signed by John Gregory and four hun- dred and eighty-eight others. These petitioners ask

for the passage of a la day's work in all cc Legislature."

The third petition and five hundred othe precisely the same wor1

The fourth petiti, signed by James Carle The petitioners ask · making ten hours a d agreement is entered i1

The whole numbc petitions is 2,139, of~ A very large proporti are females-Nearly o tioners are females. TI signed exclusively by r

On the 13th of Fe! session to hear the peti ell. Six of the female ar ers were present, and !

The first petitionei Hemingway. She had months in the Lowe Middlesex, and nine n porations. Her emplo) the piece. The Hamiltc fabrics. The Middlesex work in the Middlesex Her wages average frm complained of the hou and the time for meal! season, the work is co and continued till 7 o' for breakfast and three ner. During the eight n hour is allowed for dir considered not to be small lamps and 61 lar in which she worke required. These lamp in the morning. Abe and 12 children (ben work in the room wit dren enjoyed about a

WILLIAM SCHAULER: rnoM The Factory System ofYankeedoodledum (1845) 213

the passage of a law to constitute "ten hours a 's work in all corporations created by the islature." The third petition signed by Samuel W. Clark . five hundred others, citizens of Andover, is in : isely the same words as the one from Fall River. The fourth petition is from Lowell, and is 1ed by James Carle and three hundred others. : petitioners ask for the enactment of a law king ten hours a day's work, where no specific eement is entered into between the parties. The whole number of names on the several itions is 2,139, of which 1,151 are from Lowell. rery large proportion of the Lowell petitioners females-Nearly one half of the Andover peti-

ners are females. The petition from Fall River is ned exclusively by males.

* * * On the 13th of February the Committee held a

.sion to hear the petitioners from the city of Low-

. Six of the female and three of the male petition- ; were present, and gave in their testimony. The first petitioner who testified was Eliza R.

:mingway. She had worked two years and nine )nths in the Lowell Factories; two years in the iddlesex, and nine months in the Hamilton Cor- ,rations. Her employment is weaving-works by e piece. The Hamilton Mill manufactures cotton xics. The Middlesex woolen fabrics. She is now at )rk in the Middlesex Mills, and attends one loom. er wages average from $16 to $23 a month . . .. She ,mplained of the hours for labor being too many, id the time for meals too limited. In the summer ason, the work is commenced at 6 o'clock, A.M id continued till 7 o'clock P.M., with half an hour r breakfast and three quarters of an hour for din- ~r. During the eight months of the year but half an )Ur is allowed for dinner. The air in the room she msidered not to be wholesome. There were 293 nall lamps and 61 large lamps lighted in the room L which she worked, when evening work is :quired. These lamps are also lighted sometimes L the morning. About 130 females, 11 males, nd 12 children (between the ages of 11 and 14) mk in the room with her. She thought the chil- ren enjoyed about as good health as children gen-

erally do. The children work but 9 months out of 12. The other 3 months they must attend school. Thinks that there is no day when there are less than six of the females out of the mill from sickness. Has known as many as thirty. She, herself, is out quite often on account of sickness. There was more sick- ness in the summer than in the winter months; though in the summer lamps are not lighted. She thought there was a general desire among the females to work but ten hours, regardless of pay. Most of the girls are from the country who work in the Lowell Mills. The average time which they remain there is about three years. She knew one girl who had worked there 14 years. Her health was poor when she left. Miss Hemingway said her health was better where she now worked than it was when she worked on the Hamilton Corporation.

* * *

A large number come to Lowell to make money to aid their parents who are poor. She knew of many cases where married women came to Lowell and worked in the mills to assist their husbands to pay for their farms. The moral character of the opera- tives is good. There was only one American female in the room with her who could not write her name.

Miss Sarah G. Bagley said she had worked in the Lowell Mills eight years and a half-six years and half on the Hamilton Corporation, and two years on the Middlesex. She is a weaver, and works by the piece. She worked in the mills three years before her health began to fail. She is a native of New Hampshire, and went home 6 weeks during the summer. Last year she was out of the mill a third of the time. She thinks the health of the oper- atives is not so good as the health of females who do housework or millinery business. The chief evil, so far as health is concerned, is the shortness of time allowed for meals.-The next evil is the length of time employed-not giving them time to culti- vate their minds. She spoke of the high moral and intellectual character of the girls. That many were engaged as teachers in the Sunday schools. That many attended the lectures of the Lowell Institute, and she thought, if more time was allowed, that more lectures would be given and more girls attend. She thought that the girls generally were favorable

214 CHAPTER 8 THE EMERGE N CE OF A MARKET ECONOMY, 1815-1850

to the ten hour system. She had presented a peti- tion, same as the one before the committee, to 132 girls, most of whom said that they would prefer to work but ten hours. In a pecuniary point of view it would be better, as their health would be improved. They would have more time for sewing. Their intel- lectual, moral, and religious habits would also be benefitted by the change.

Miss Bagley said, in addition to her labor in the mills, she had kept evening school duri ng the win- ter months, for four years, and thought this extra labor must have injured her health .

,.. ,.. ,..

Miss Elizabeth Rowe has worked in Lowell 16 months, all the time on the Lawrence Corporation; came from Maine; she is a weaver; works by the piece; runs four looms. "My health," she says, "has been very good indeed since I worked there; aver- aged th ree dollars a week since I have been there besides my board; have heard very little about the hours of labor being too long." She consented to have her name put on the petition because Miss Phill ips asked her to. She would prefer to work only ten hours. Between 50 and 60 work in the room with her. Her room is better ventilated and more hea lthy than most others. Girls who wish to attend lectures can go out before the bell rings; any over- seer lets them go; also Saturdays they go out before the bell rings. It was her wish to attend four looms. She has a sister who has worked in the mill seven years. Her health is very good. Don't know that she has ever been out on account of sickness. The gen- eral health of the operatives is good. Have never spoken to my employers about the work being too hard, or the hours too long. Don't know any one who has been hastened to a premature grave by fac- tory labor. I never attended any of the lectures in Lowell on the ten hour system. Nearly all the female operatives in Lowell work by the piece; and of the petitioners who appeared before the Com- m it tee, Miss Hemmingway, Miss Bagley, Miss Payne, and Miss Rowe work by the piece, and Miss Clark and Miss Phillips by the week.

Mr. Gill ian Gale, a member of the City Coun- cil, and who keeps a provision store, testified that

the short time allowed for meals he thought the greatest evil. He spoke high ly of the character of the operatives and of the agents; also of the board- ing houses and the public schools. He had two chil- dren in the mills who enjoyed good health. The mills are kept as clean and as well vent iled [sic] as it is possible for them to be.

Mr. Herman Abbott had worked on the Law- rence Corporation 13 years-never heard much complaint among the girls about the long hours; never heard the subject spoken of in the mills- does not th ink it would be satisfactory to the girls to work only ten hours, if their wages were to be reduced in proportion. Forty-two girls work in the room with him. The girls often get back to the gate before the bell rings.

Mr. John Quincy Adams Thayer has lived in Lowell four years, "works at physical labor in the summer season, and mental labor in the winter." Has worked in the big machine shop 24 months, off and on; never worked in a cotton or woolen mill; thinks that the mechanics in the machine shop are not so healthy as in other shops, nor so intelligent as the other classes in Lowell. He drafted the peti- tion; has heard many complain of the long hours.

Mr. S.P. Adams, a member of the House from Lowell, said he worked in the machine shop, and the men were as intelligent as any other class, and enjoyed as good health as any persons who work in-doors; the air in the shop is as good as in any shop; about 350 hands work there, about half a dozen of whom are what is called ten hour men; they all would be ten hour men if they could get as good pay.

The only witnesses whom the committee exam- ined, whose names were not on the petition, were Mr. Adams and Mr. Isaac Cooper, a member of the House from Lowell, and who has worked as an overseer in the Lawrence cotton mills for nine years; his evidence was very full; he gave it as his opinion that the girls in the mills enjoy the best health , for the reason that they rise early, go to bed early, and have their meals regular. In h is room there are 60 girls, and since 1837, has known of only one girl who went home from Lowell and died. He does not find that those who stay the longest in the mill grow sickly and weak. The rooms are heated by

steam pipes, and thi regulated by a ther all the mills . The he 69 degrees.

During our sho many facts , which w to state in this repo

Hours of Lab

From Mr. Clar Corporation, we obt time which the mill

Begin work-From o'clock. From 1st Se as they can see.

Breakfast-From 1st before going to wo March, at 7½ o'clocl;' tember, at seven o'd 31st October, at 7½ o

Dinner-Through th ~fay to 31st August, r

eptember to 30th A

Quit Work-From ~ o'clock. From 1st Se dark. From 20th Se o'clock. From 20th ~

Lamps are never lig above is the time w Lowell, with a slig shop; and it makes t out the year, of ru hours and ten minu1

There are fou r d observed as holid are never put in m declared, usually in giving Day, and C day more than is us other place in Ne"· shows the average out the year, in the I

WILLIAM SCHAULER: FROM The Factory System ofYankeedoodledum (1845) 215

steam pipes, and the temperature of the rooms is regulated by a thermometer. It is so, he believes, in all the mills. The heat of the room varies from 62 to 69 degrees.

During our short stay in Lowell, we gathered many facts, which we deem of sufficient importance to state in this report; and first, in relation to the

Hours of Labor

From Mr. Clark, the agent of the Merrimack Corporation, we obtained the following table of the time which the mills run during the year:-

Begin work-From 1st May to 31st August, at 5 o'clock. From 1st September to 30th April, as soon as they can see.

Breakfast-From 1st November to 28th February, before going to work. From 1st March to 31st March, at 7½ o'clock. From 1st April to 10th Sep- tember, at seven o'clock. From 20th September to 31st October, at 7½ o'clock. Return in half an hour.

Dinner-Through the year at 12½ o'clock. From 1st May to 31st August, return in 45 minutes. From 1st September to 30th April, return in 30 minutes.

Quit Work-From 1st May to 31st August, at 7 o'clock. From 1st September to 19th September, at dark. From 20th September to 19th March, at 7½ o'clock. From 20th March to 30th April, at dark.

Lamps are never lighted on Saturday evenings. The above is the time which is kept in all the mills in Lowell, with a slight difference in the machine shop; and it makes the average daily time, through- out the year, of running the mills, to be twelve hours and ten minutes.

There are four days in the year in which are observed as holidays, and on which the mills are never put in motion. These are Fast Day [state declared, usually in April), Fourth ofJuly, Thanks- giving Day, and Christmas Day. These make one day more than is usually devoted to pastime in any other place in New England. The following table shows the average hours of work per day, through- out the year, in the Lowell Mills:-

Hours. Min. Hours. Min. January ....... 11 21 July ............... 12 45 February .... 12 August ......... 12 45 March ......... 11 52 September ... 12 23 April ........... 13 31 October.. ...... 12 10 May ............. 12 45 November.. .. 11 56 June ............. 12 45 December .... 11 24

* * *

In Lowell, but very few (in some mills none at all) enter into the factories under the age of fifteen. None under that age can be admitted, unless they bring a certificate from the school teacher, that he or she has attended school at least three months dur- ing the preceding twelve; Nine tenths of the factory population in Lowell come from the country. They are farmers' daughters. Many of them come over a hundred miles to enter the mills. Their education has been attended to in the district schools, which are dotted like diamonds over every square mile of New England. Their moral and religious characters have been formed by pious parents, under the pater- nal roof. Their bodies have been developed and their constitutions made strong by the pure air, wholesome food, and youthful exercise.

After an absence of a few years, having laid by a few hundred dollars, they depart for their homes, get married, settle down in life, and become the heads offamilies.-Such, we believe, in truth, to be a correct statement of the Lowell operatives, and of the hours of labor.

* * *

Your Committee have not been able to give the petitioners from the other towns in this State a hearing. We believed that the whole case was cov- ered by the petition from Lowell, and to that peti- tion we have given our undivided attention, and we have come to the conclusion unanimously, that leg- islation is not necessary at the present time, and for the following reasons:-

lst. That a law limiting the hours of labor, if enacted at all, should be of a general nature. That it should apply to individuals or copartnerships as well as to corporations. Because, if it is wrong to labor more than ten hours in a corporation, it is also

216 CHAPTER 8 THE EMERGENCE OF A MARKET ECONOMY, 1815-1850

wrong when applied to individual employers, and your committee are not aware that more complaint can justly be made against incorporated companies in regard to the hours of labor, than can be against individuals or copartnerships. But it will be said in reply to this, that corporations are the creatures of the Legislature; and, therefore, the Legislature can control them in this, as in other matter. This to a certain extent is true, but your committee go farther than this, and say, that not only are corporations subject to the control of the Legislature but individ- uals are also, and if it should ever appear that the public morals, the physical condition, or the social well-being of society were endangered, from this cause or from any cause, then it would be in the power and it would be the duty of the Legislature to interpose its prerogative to avert the evil.

2d. Your committee believe that the factory sys- tem, as it is called, is not more injurious to health than any other kinds of indoor labor. That a law which would compel all of the factories in Massa- chusetts to run their machinery but 10 hours out of the 24, while those in Maine, New Hampshire, Rhode Island and other States in the Union, were not restricted at all, the effect would be to close the gate of every mill in the State. It would be the same as closing our mills one day every week, and although Massachusetts capital, enterprise and industry are willing to compete on fair terms with the same at other States, and, if needs be, with European nations, yet it is easy to perceive that we could not compete with our sister States, much less with foreign countries, if a restriction of this nature was put upon our manufactories.

3d. It would be impossible to legislate to restrict the hours of labor, without affecting very materially the question of wages; and that is a matter which experience has taught us can be much better regu- lated by the parties themselves than by the Legisla- ture. Labor in Massachusetts is a very different commodity from what it is in foreign countries. Here labor is on an equality with capital, and indeed con- trols it, and so it ever will be while free education and free institutions exist. And although we may find fault, and say that labor works too many hours, and labor is too severely tasked, yet if we attempt by legis-

lation to enter within its orbit, and interfere with its plans, we will be told to keep clear and mind our own business. Labor is intelligent enough to make its own bargains, and look out for its own interests without any interference from us; and your Committee want no better proof to convince them that Massachusetts men and Massachusetts women, are equal to this, and will take care of themselves better than we can take care of them, than we had from intelligent and virtuous men and women who appeared in support of this petition, before the Committee.

4th. The Committee do not wish to be under- stood as conveying the impression, that there are no abuses in the present system of labor; we think there are abuses; we think that many improvements may be made, and we believe will be made, by which labor will not be severely tasked as it now is. We think that it would be better if the hours for labor were less-if more time was allowed for meals, if more attention was paid to ventilation and pure air in our manufac- tories and work shops, and many other matters. We acknowledge all this, but we say this remedy is not with us. We look for it in the progressive improve- ment in art and science, in a higher education of man's destiny, in a less love for money, and a more ardent love for social happiness and intellectual supe- riority. Your Committee, therefore, while they agree with the petitioners in their desire to lessen the bur- dens imposed upon labor, differ only as to the means by which these burdens are sought to be removed

WILLIAM SCHADLER, Chairman.

REVIEW QUESTIONS

1. What appear to have been the usual working hours and conditions for factory workers i Massachusetts?

2. Were women as likely as men to petition fc better working conditions?

3. What did the petitioners want? 4. Why did the petitioners note the intellectu

and moral character of factory operatives? 5. How did some witnesses rebut the petitioner

evidence? Why did some people oppose ti: reform proposed?

Busin grant expen most , artisa, the fir' erally strong becau also r, be/on, ern cit Poor h Ameri them. Shear Germal ano, i i Klinge

From \\j Land of NY:Co

Anna Maria K

loved parents and Out of filial and

form you about my .. ong and trying jour nd sound after all, an ell .... Now I want t .at is that on the sam ent into service for a

with its our own ~ its own without

:tee want chusetts I to this, i we can gent and support

e under- re are no ink there

maybe ich labor b.ink that e less-if attention aanufac- tters. We dy is not improve- cation of d a more ual supe- 1ey agree the bur- e means oved

1airman.

working 1rkers in

:ition for

tellectual ~es? titioners' pose the

----

ANNA MARIA KLINGER

FROM Letters Home to Germany (1849-50s)

Businessmen and families in need of laborers and servants often turned to immi- grants. They could generally pay such workers less than they did native sons and expend less worry about "protecting" them than they did native daughters. Although most of the immigrants could offer only unskilled or semiskilled labor, there were artisans as well as professionals among them. Of the two major immigrant groups in the first half of the nineteenth century, the Germans, despite language problems, gen- erally found greater acceptance than the Irish, mainly because there was already a strong German presence in America from the earlier colonial migrations and because they were often better educated and financially prepared. Germans were also religiously diverse; although there were some Catholics and Jews, the majority belonged to Protestant sects. Furthermore, while many Germans settled in the east- ern cities, many more moved west to establish new farms and communities there. Poor harvests, too-small farms, and mechanized industry drove many Germans to America, where, once settled, they wrote home to entice friends and family to join them. Anna Maria Klinger came from a poor, winegrowingfamily in Wiirttemberg. She arrived in America in 1849 and immediately found work with the family of a German-American pharmacist. She soon married another immigrant, Franz Sch- ano, who had deserted from the Bavarian army. They, in turn, helped five other Klingers emigrate during the 1850s.

From Walter D. Kamphoefner, Wolfgang Helbich, and Ulrike Sommer, eds., News from the Land of Freedom: German Immigrants Write Home, translated by Susan Carter Vogel (Ithaca, NY: Cornell University Press, 1991), pp. 534, 536-39. Originally published as Deutsche Aus- wanderer schreiben aus der Neuen Welt 1830-1930 (Munchen: Verlag C. H. Beck, 1988). Reprinted by permission of Walter Kamphoefner and Wolfgang Helbich . [Editorial inser- tions appear in square brackets-Ed.]

217

Anna Maria Klinger

New Jork, March 18, 1849 Beloved parents and brothers and sisters,

Out of filial and sisterly love I feel obliged to inform you about my well-being in America. After a long and trying journey I arrived in New Jork safe and sound after all, and until now I have been quite well. ... Now I want to tell you about my situation, that is that on the same day I arrived in New Jork, I went into service for a German family. I am content

with my wages for now, compared to Germany, I make 4 dollars a month in our money [10] guilders, if you can speak English then it's considerably bet- ter, since the English pay a good wage, a servant gets 7 to 10 dollars a month, but if you can't speak or understand English you can't ask for so much pay. But I hope that things will get better, for it's always like that, no one really likes it at first, and espe- cially if you are so lonely and forlorn in a foreign land like I am, no friends or relatives around .... The dear Lord is my shield and refuge .... I keep

218 CHAPTER 8 THE EMERGENCE OF A MARKET ECONOMY, 1815- 1850

thinking you are fearful and worried about me because you have not received a letter for so long, first of all, we were at sea for one hundred and 5 days, 7 weeks we were docked at Bli.imuth [Plym- outh] before our ship was done. You probably read in the letter I wrote to the mayor about the bad luck we had. From England to America things went well, we still had one big storm, but we suffered no more misfortune, there were 200 and 60 passengers on the ship. My journey from Stuttgart to Antwerben went well, I met up with those 3 girls who were also going from Stuttgart to America in Maintz, but they'd already met up with companions on the way, they started behaving so badly on the journey already, and at sea there were two tailor boys with those girls, I got annoyed because I couldn't stand such loose behavior, one of them went to Viladelfe [Philadelphia] and another in New Jork ....

The city of New Jork is the largest in America, it is so big you can't walk around it in one day, the religious institutions are like in Germany, there are 182 churches here, but belonging to different reli- gions. Here you can find people from all corners of the world, there are about 4,000 German residents alone [actually, there were between fifty and sixty thousand]. I will be able to write more in the future when I have been here longer. But I do want to tell you this [that so many deserters] from the army have arrived here .. .. Gottlieb [her brother] should give my best to his cook where he was when I left, she only needs to come to America, it's very good for girls who have to work in service. I haven't regretted it yet. Write me, too, about what's hap- pening in Stuttgart. Dear parents, my next letter will make you happier. ...

Anna Maria Schano, nee Klinger

[New York, probably mid-1850] [Beginning of letter missing] I've saved up to now in the time we've been married some 40 dollars in cash, not counting my clothes. Dear parents and brothers and sisters, I certainly don't want to tell you what to do, do what you want, for some like it here and some don't, but the only ones who don't

like it here had it good in Germany, but I also think you would like it here since you never had anything good in Germany. I'm certainly glad not to be over there, and only those who don't want to work don't like it here, since in America you have to work if you want to amount to anything, you mustn't feel ashamed, that's just how you amount to something, and so I want to tell you again to do what you want, since it can seem too trying on the journey and in America as well, and then you heap the most bitter reproaches on those who talked you into coming, since it all depends on whether you have good luck, just like in Germany. Dear parents, you wrote me that Daniel wants to come to America and doesn't have any money, that is certainly a problem. Now I want to give you my opinion, I've often thought about what could be done, I thought 1st ifhe could borrow the money over there, then when he has saved enough over here then he could send it back over, like a lot of people do, and secondly, I thought we would like to pay for him to come over, but right now we can't since it costs 28 dollars a person and I also want to tell you since my husband wrote to you, the money we want to send you, whether you want to use it to have one or two come over here or if you want to spend it on yourselves, you just have to let us know so we have an idea how much you still need, and you'll have to see to it that you have some more money, too, since we can't pay it all. [ ... ] Things in Daniel's Profesion are not the best, he shouldn't count on that, it would be better if he were a tailor or shoemaker, but it doesn't matter, a lot of people don't work in their Profesion and learn others or other businesses, since you don't have to pay to learn a trade in America. Dear parents and brothers and sisters, if one of you comes over here and comes to stay with us we will certainly take care of you, since we are now well known, and you needn't be so afraid of America, when you come to America, just imagine you were moving to Stutt- gart, that 's how many Germans you can see here.

And as far as the Americans are concerned, whites and blacks, they won't harm you, since the blacks are very happy when you don't do anything to them, the only thing is the problem with the lan- guage. It's not as easy to learn as you think, even

now I don't know here who don't e~ you start off wod learn in one year, Germans. Dear p I'd like to be with get the picture of also be so happy I've often been wi Germany, but wh still I am happy in• We would have L along with this lei have much mone•

The Iris. them w, buried, These Ir Americ, on deca, ers in hij

From The 281-84,33

Irish emigrants of th were generally poor, expenses on landing I push their way into t employment as was b and capacity: though store for too many of would have endured

k lg er ' ·t

if ~l I g,

er g,

' t

I It

f e

JOHN FRANCIS MAGUIRE: FRO M The Irish in America (1867) 219

now I don't know much, and there are many people here who don't even learn it in 6 to 8 years, but if you start off working for Americans then you can learn in one year as much as in 10 years living with Germans. Dear parents and brothers and sisters, I'd like to be with you, you will surely be pleased to get the picture of us, to see me again, and I would also be so happy to see you again. In my dreams I've often been with you and also in my old job in Germany, but when I woke up, it wasn't true, but still I am happy in any case that I am in America ... . We would have liked to have sent a few dollars along with this letter but at the moment we don't have much money, since I can well imagine you

could use it now, but things go slowly the first few years, you have to take care of yourself, since the motto in America is help yourself. ...

REVIEW QUESTIONS

1. What does Klinger reveal about the process of emigration/immigration?

2. How does she promote America to her relatives in Germany?

3. What does she believe to be the key(s) to doing well in America?

JOHN FRANCIS MAGUIRE

FROM The Irish in America (1867)

The Irish were weighed down by many woes in the nineteenth century; prime among them were British dominion and the famine caused by the potato rot. The weight buried many at home and squeezed others out to find freedom and food abroad. These Irish immigrants, who by 1860 composed the largest foreign-born group in America, faced perhaps the greatest prejudice. John Francis Maguire, looking back on decades of Irish migration, tried to explain why to both Irish and American read- ers in his book, The Irish in America.

From Th e Irish in A merica, 4th ed. (New York: D. & J. Sadlier, 1867), pp. 21 5-19, 240, 252 , 281-84, 333-37.

* * * Irish emigrants of the peasant and labouring class were generally poor, and after defraying their first expenses on landing had little left to enable them to push their way into the country in search of such employment as was best suited to their knowledge and capacity: though had they known what was in store for too many of them and their children, they would have endured the severest privation and

braved any hardship, in order to free themselves from the fatal spell in which the fascination of a city life has meshed the souls of so many of their race. Either they brought little money with them, and were therefore unable to go on; or that little was plundered from them by those whose trade it was to prey upon the inexperience or credulity of the new-comer. Therefore, to them, the poor or the plundered Irish emigrants, the first and pressing

220 CHAPTER 8 THE EMERGENCE OF A MARKET ECONOMY , 1815-1850

necessity was employment; and so splendid seemed the result of that employment, even the rudest and most laborious kind, as compared with what they were able to earn in the old country, that it at once predisposed them in favour of a city life .... Then there were old friends and former companions or acquaintances to be met with at every street-corner; and there was news to give, and news to receive- too often, perhaps, in the liquor-store or dram-shop kept by a countryman-probably 'a neighbour's child,' or 'a decent boy from the next ploughland.' Then 'the chapel was handy,' and 'a Christian wouldn't be overtaken for want of a priest;' then there was 'the schooling convenient for the chil- dren, poor things,'-so the glorious chance was lost; and the simple, innocent countryman, to whom the trees of the virgin forest were nodding their branches in friendly invitation, and the blooming prairie expanded its fruitful bosom in vain, became the denizen of a city, for which he was unqualified by training, by habit, and by associa- tion. Possibly it was the mother's courage that failed her as she glanced at the flock of little ones who clustered around her, or timidly clung to her skirts, and she thought of the new dangers and fur- ther perils that awaited them; and it was her mater- nal influence that was flung into the trembling balance against the country and in favour of the city. Or employment was readily found for one of the girls, or one or two of the boys, and things looked so hopeful in the fine place that all thoughts of the fresh, breezy, healthful plain or hill-side were shut out at that supreme moment of the emigrant's destiny; though many a time after did he and they long for one breath of pure air, as they languished in the stifling heat of a summer in a tenement house. Or the pioneer of the family-most likely a young girl-had found good employment, and, with the fruits of her honest toil, had gradually brought out brothers and sisters, father and mother, for whose companionship her heart ever yearned; and possibly her affection was stronger than her prudence, or she knew nothing of the West and its limitless resources. Or sickness, that had fol- lowed the emigrant 's family across the ocean, fas- tened upon some member of the group as they

touched the soil for which they had so ardently prayed, and though the fever or the cholera did not destroy a precious life, it did the almost as precious opportunity of a better future! the spring of that energy which was sufficient to break asunder the ties and habits of previous years-sufficient for flight from home and country-was broken, and those who faced America in high hope were thenceforth added to the teeming population of a city-to which class, it might be painful to speculate.

* * *

This headlong rushing into the great cities has the necessary effect of unduly adding to their popula- tion, thereby overtaxing their resources, however large or even extraordinary these resources may be, and of rudely disturbing the balance of supply and demand. The hands-the men, women, and children-thus become too many for the work to be done, as the work becomes too little for the hands willing and able to do it. What is worse, there are too many mouths for the bread of indepen- dence; and thus the bread of charity has to supple- ment the bread which is purchased with the sweat of the brow. Happy would it be for the poor in the towns of America, as elsewhere, if the bread of charity were the only bread with which the bread of independence is supplemented. But there is also the bread of degradation, and the bread of crime. And when the moral principle is blunted by abject misery, or weakened by disappointments and pri- vation, there is but a narrow barrier between pov- erty and crime; and this, too frequently, is soon passed. For such labour as is thus recklessly poured into the great towns there is constant peril. It is true, there are seasons when there is a glut of work, when the demand exceeds the supply-when some gigan- tic industry or some sudden necessity clamours for additional hands; but there are also, and more frequently, seasons when work is slack, seasons of little employment , seasons of utter paralysis and stagnation. Cities are liable to occasional depres- sions of trade, resulting from over production, or the successful rivalry of foreign nations, or even portions of the same country; or there are smash- ings of banks, and commercial panics , and peri-

ods of severity tion of which v the stre

The digious of arri,· certain every s Castle world p but thes the very demand inhabita

As i ulation, is year!) or luxu grand of the

tenemen dwell m astoundi and evil, upon .. . .

It is not should go ments it be had, tions, in al is no Stat~ from hani

I day-labou betaking

JOHN FRANCIS MAGUIRE: FROM The Irish in America (1867) 221

ods of general mistrust. Or, owing to the intense severity of certain seasons, there is a total cessa- tion of employments of particular kinds, by which vast numbers of people are flung idle on the streets ....

The evil of overcrowding is magnified to a pro- digious extent in New York, which, being the port of arrival-the Gate of the New World-receives a certain addition to its population from almost every ship-load of emigrants that passes through Castle Garden. There is scarcely any city in the world possessing greater resources than New York, but these resources have long since been strained to the very uttermost to meet the yearly increasing demands created by this continuous accession to its inhabitants; ...

As in all cities growing in wealth and in pop- ulation, the dwelling accommodation of the poor is yearly sacrificed to the increasing necessities or luxury of the rich. While spacious streets and grand mansions are on the increase, the portions of the city in which the working classes once found an economical residence, are being steadily encroached upon-just as the artisan and labour- ing population of the City of London are driven from their homes by the inexorable march of city improvements, and streets and courts and alleys are swallowed up by a great thoroughfare or a gigantic railway terminus ....

As stated on official authority, there are 16,000 tenement houses in New York, and in these there dwell more than half a million of people! This astounding fact is of itself so suggestive of misery and evil, that it scarcely requires to be enlarged upon ....

* * *

It is not at all necessary that an Irish immigrant should go West, whatever and how great the induce- ments it offers to the enterprising. There is land to be had, under certain circumstances and condi- tions, in almost every State in the Union. And there is no State in which the Irish peasant who is living from hand to mouth in one of the great cities as a day-labourer, may not improve his condition by betaking himself to his natural and legitimate

avocation-the cultivation of the soil. Nor is the vast region of the South unfavourable to the labo- rious and energetic Irishman. On the contrary, there is no portion of the American continent in which he would receive a more cordial welcome, or meet with more favourable terms. This would not have been so before the war, or the abolition of slavery, and the upset of the land system which was based upon the compulsory labour of the negro .... The policy of the South is to increase and strengthen the white population, so as not to be, as the South yet is, too much dependent on the negro; and the planter who, ten years ago, would not sever a single acre from his estate of 2,000, or 10,000, or 20,000 acres, will now readily divide, if not all, at least a considerable portion of it, into saleable quantities, to suit the convenience of purchasers ....

* * *

Were I asked to say what I believed to be the most serious obstacle to the advancement of the Irish in America, I would unhesitatingly answer-Drink; meaning thereby the excessive use, or abuse, of that which, when taken in excess, intoxicates, deprives man of his reason, interferes with his industry, injures his health, damages his position, compro- mises his respectability, renders him unfit for the successful exercise of his trade, profession, or employment-which leads to quarrel, turbulence, violence, crime. I believe this fatal tendency to excessive indulgence to be the main cause of all the evils and miseries and disappointments that have strewed the great cities of America with those wrecks oflrish honour, Irish virtue, and Irish prom- ise, which every lover of Ireland has had, one time or other, bitter cause to deplore. Differences of race and religion are but as a feather's weight in the bal- ance; indeed these differences tend rather to add interest to the steady and self-respecting citizen. Were this belief, as to the tendency of the Irish to excess in the use of stimulants, based on the testi- mony of Americans, who might probably be some- what prejudiced, and therefore inclined to judge unfavourably, or pronounce unsparingly, I should not venture to record it; but it was impressed upon

222 CHAPTER 8 THE EMERGENCE OF A MARKET ECONOMY, 1815-1850

me by Irishmen of every rank, class, and condition of life, wherever I went, North or South, East or West. It was openly deplored, or it was reluctantly admitted. I rarely heard an Irishman say that his country or his religion was an effectual barrier to his progress in the United States ....

The question here naturally arises,-do the Irish drink more than the people of any other nationality in America? The result of my observa- tion and inquiries leads me to the conviction that they do not. How then comes it that the habit, if common to all is so pernicious to them? There are many and various reasons why this is so. In the first place, they are strangers, and, as such, more subject to observation and criticism than the natives of the country. They are, also, as a rule, of a faith different to that of the majority of the American people; and the fact that they are so does not render the observation less keen, nor does it render the criti- cism more gentle. Then, be it constitution, or temperament, or whatever else, excess seems to be more injurious to them than to others. They are genial, open-hearted, generous, and social in their tendencies; they love company, court excite- ment, and delight in affording pleasure or gratifi- cation to their friends. And not only are their very virtues leagued against them, but the pre- vailing custom of the country is a perpetual chal- lenge to indulgence.

This prevailing custom or habit springs more from a spirit of kindness than from a craving for sensual gratification. Invitations to drink are uni- versal, as to rank and station, time and place, hour and circumstance; they literally rain upon you. The Americans are perhaps about the most thoroughly wide-awake people in the world, yet they must have an 'eye-opener' in the morning. To prepare for meals, you are requested to fortify your stomach and stimulate your digestive powers with an 'appe- tizer.' To get along in the day, you are invited to acccept the assistance of a 'pony.' If you are startled at the mention of 'a drink,' you find it difficult to refuse 'at least a nip.' And who but the most morose-and the Irishman is all geniality-can resist the influence of 'a smile?' Now a 'cocktail,' now a 'cobler'-here a 'julep,' there a 'smasher;' or

if you shrink from the potency of the 'Bourbon,' you surely are not afraid of 'a single glass of lager beer!' To the generous, company-loving Irishman there is something like treason to friendship and death to good-fellowship in refusing these kindly- meant invitations; but woe to the impulsive Irish- man who becomes the victim of this custom of the country! The Americans drink, the Germans drink, the Scotch drink, the English drink-all drink with more or less injury to their health or cir- cumstances; but whatever the injury to these, or any of these, it is far greater to the mercurial and light-hearted Irish than to races of hard head and lethargic temperament. ...

It must be admitted that, in some cities of America-by no means in all, or anything like all- the Irish element figures unenviably in the police records, and before the inferior tribunals; and that in these cities the committals are more numerous than they should be in proportion to the numerical strength of the Irish population .... The deadly crimes-the secret poisonings, the deliberate mur- ders, the deep-laid frauds, the cunningly-masked treachery, the dark villany, the spider-like prepara- tion for the destruction of the unwary victim-these are not common to the Irish. Rows, riots, turbu- lence, acts of personal violence perpetrated in pas- sion, are what are principally recorded of them in the newspapers; and in nine cases out of ten, these offences against the peace and order of the com- munity, and which so deeply prejudice the pub- lic mind, not only against the perpetrators, but, what is far worse, against the irrace and country, are attributable to one cause, and one cause alone-drink . ...

* *

... Whatever estimate Americans may form of their Irish fellow-citizens, be that estimate favour- able or unfavourable, there is but one opinion as to the moral character oflrish women. Their repu- tation for purity does not rest on the boastful assertions of those who either regard all matters concerning their race or country from a favourable point of view, or who, to gratify a natural feeling, would wilfully exaggerate, or possibly misstate a

fact: it is uni strong prejudic countries in w exists; and when and religion in dices are certai deeply rooted. 1 against this dou~ not powerful em tion, indeed adi the women of tha I . h . l ns emigrant gj plined, awkwar9 with all the rui training; but sh~ rapidly acquires I an improved com with people of c~

the contagion o~ wealth and luxu is principally am mass of the Irish this one noble c service her meril fied of the genuiJ, can family will ti" is there no lockir. is left in her char tempered, difficul 'turbulent'-espec at, or her faith ii cheerful and labo

An instance occurred not long the great Western the house of a Pro high-spirited Iris! plary conduct, ar charged the dutie: mother to a youn was bringing up w girl was Kate wh, their progress in many other peop; torment, and that minded preacher

JOHN FRANCIS MAGUIRE: FROM The Irish in America (1867) 223

fact: it is universally admitted .... Prejudices, strong prejudices, there are in the States, as in all countries in which diversity of race and religion exists; and where this diversity comprehends race and religion in the same individuals, these preju- dices are certain to be the stronger and the more deeply rooted. The Irish Catholic has to contend against this double prejudice, which nevertheless is not powerful enough to interfere with the convic- tion, indeed admission, as to the moral character of the women of that country and that faith. The poor Irish emigrant girl may possibly be rude, undisci- plined, awkward- just arrived in a strange land, with all the rugged simplicity of her peasant's training; but she is good and honest. Nor, as she rapidly acquires the refinement inseparable from an improved condition oflife, and daily association with people of cultivated manners, does she catch the contagion of the vices of the great centres of wealth and luxury. Whatever her position,-and it is principally amongst the humble walks of life the mass of the Irish are still to be found,-she maintains this one noble characteristic: purity. In domestic service her merit is fully recognised. Once satis- fied of the genuineness of her character, an Ameri- can family will trust in her implicitly; and not only is there no locking up against her, but everything is left in her charge. Occasionally she may be hot tempered, difficult to be managed, perhaps a little 'turbulent'-especially when her country is sneered at, or her faith is wantonly ridiculed; but she is cheerful and laborious, virtuous and faithful.

An instance of very legitimate 'turbulence' occurred not long since in one of the most rising of the great Western cities. There lived, as a 'help,' in the house of a Protestant family, an intelligent and high-spirited Irish girl, remarkable for her exem- plary conduct, and the zeal with which she dis- charged the duties of her position. Kate acted as a mother to a young brother and sister, whom she was bringing up with the greatest care; and a happy girl was Kate when she received good tidings of their progress in knowledge and piety. Kate, like many other people in the world, had her special torment, and that special torment was a playful- minded preacher who visited at the house, and

who looked upon 'Bridget'-he would call her Bridget-as a fair butt for the exercise of his pleas- ant wit, of which he was justly proud. It was Kate's duty to attend table; and no sooner did she make her appearance in the dining-room, than the play- ful preacher commenced his usual fun, which would be somewhat in this fashion: 'Well, Bridget, my girl! when did you pray last to the Virgin Mary? Tell me, Bridget, when were you with Father Pat? What did you give him, Bridget? What did the old fellow ask for the absolution this time? Now, I guess it was ten cents for the small sins, and $1 for the thumpers! Come now, Bridget, tell me what penance did that priest of yours give you?' Thus would the agreeable jester pelt the poor Irish girl with his generous pleasantries, to the amusement of the thoughtless, but to the serious annoyance of the fair-minded, who did not like to see her feel- ings so wantonly wounded. The mistress of the house mildly remonstrated with her servant's lively tormentor, though she did not herself admire 'Bridget's' form of prayer, and was willing to regard 'Father Pat's' absolution as a matter of bargain and sale. But the wit should have his way. 'Bridget' was a handsome girl, and the rogue liked to see the fire kindle in her grey eye, and the hot blood mantle over her fair round cheek; and then the laughter of his admirers was such delightful incense to his van- ity, as peal after peal told how successfully the incorrigible wag 'roasted Bridget.' On one memo- rable day, however, his love of the humorous car- ried him just too far. A large company was assembled round the hospitable table of the mis- tress of the house. The preacher was present, and was brimming over with merriment. Kate entered the room, bearing a large tureen of steaming soup in her hands. 'Ho, ho, Bridget!-how are you, Bridget? Well, Bridget, what did you pay Father Pat for absolution this time? Come to me, Bridget, and I will give you as many dollars as will set you all straight with the old fellow for the next six months, and settle your account with purgatory too. Now, Bridget, tell us how many cents for each sin?' The girl had just reached the preacher as he finished his

little joke; and if he wished to see the Irish eye flash out its light, and the Irish blood burn in the cheek,

224 CHAPTER 8 THE EMERGENCE OF A MARKET ECONOMY, 1815-1850

he had an excellent opportunity for enjoying that treat. It was Bridget's turn to be playful. Stopping next to his chair, and looking him steadily in his face, while she grasped the tureen of r ich green-pea soup more firmly in her hands, she said: 'Now, sir, I often asked you to leave me alone, and not mind me, and not to insult me or my religion, what no rea l gentleman would do to a poor girl; and now, sir, as you want to know what I pay for absolu- tion, here's my answer!' and, suiting the action to the word, she flung the hot steaming liquid over the face, neck, breast- entire person- of the playful preacher! ... The sentiment- the gener- ous American sentiment-was in Kate's favour, as she m ight have perceived in the manner of the guests. For the poor preacher, it may be said that the soup 'spoiled his dinner' for that day. He did not make his appearance again for some time; but when he did, it was as an altered and much- improved gentleman, who appeared to have lost all interest in the religious peculiarities of Kate, whom, strange to say, he never more called by the name of Bridget. The warm bath, so vigorously

administered, had done him much sernc;:- said, 'a power of good.'

* * *

REVIEW QUESTIONS

1. How was Maguire's book a comment~ American culture in general as well as Irish element within it in pa rticular?

2. In combating prejudice against the Iris:: Maguire perpetuate or even promote biases?

3. What does this piece reveal about gender class as well as ethnic relations and att ituci the mid-nineteenth century?

4. What did the author believe most injured : interests and advancement in America? D11... say this was a problem of perception or prac:

5. Could this piece be used as a source on ref ideas and movements as well as on imm1~ tion? Explain.

SAMUEL F. B. MORSE

FROM Imminent Dangers to the Free Institutions

of the United States (1835)

In another chapter of his book, John Maguire (seep. 219) related the history of the Know-Nothing movement of the mid-1850s. He noted how adherents combined reli- gious bigotry with nationalistic prejudice, all to the detriment of the Irish immi- grant. He was quick to point out, however, that "there was nothing new in this Know-Nothingism. It was as old as the time of the Revolution, being Native Ameri- canism under another name. Its animating spirit was hostility to the stranger- insane jealousy of the foreigner. " While the elaborate organization and political power of the American (Know-Nothing) Party was a new development, Maguire had it right: this kind of intolerance was nothing new. Nativism grew as immigration increased. By the 1830s Americans fearful of possible immigrant power and cu ltural

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SAMUEL F. B. MORSE: FRO M Imminent Dangers to the Free Institutions (1835) 225

effects, including politicians and reformers, delivered impassioned arguments against unrestricted immigration. Prominent among them was Samuel F. B. Morse. Although he made a career of painting-an artist of some repute, he was chosen to paint a portrait of Lafayette for the city of New York in 1825-Morse achieved last- ing renown for inventing the telegraph. He was not the only one working on the con- cept, but his invention was the first to show itself practicable. With congressional support, Morse was able to build a line from Washington to Baltimore, and on May 24, 1844, he sent a passage from the Bible, "What hath God wrought," over the wire. Raised in a deeply religious Protestant home, Morse developed a strong antago- nism against Catholicism, which became marked during his European tour in the early 1830s-the same tour that gave him some of the foundational ideas for the tele- graph. On his return to a changing America he went public with his concerns and found a ready audience.

From Imminent Dangers to the Free Institutions of the United States through Foreign Immi- gration ... (1835; New York: Arno Press, 1969), pp. 6-15.

* * * Our country, in the position it has given to for- eigners who have made it their home, has pursued a course in relation to them, totally different from that of any other country in the world. This course, while it is liberal without example, subjects our institutions to peculiar dangers. In all other coun- tries the foreigner, to whatever privileges he may be entitled by becoming a subject, can never be placed in a situation to be politically dangerous, for he has no share in the government of the country . . ..

. . . The writer believes, that since the time of the American Revolution, which gave the princi- ples of Democratic liberty a home, those principles have never been in greater jeopardy than at the present moment. To his reasons for thus believing, he invites the unimpassioned investigation of every American citizen. If there is danger, let it arouse to defence. If it is a false alarm, let such explanations be given of most suspicious appearances as shall safely allay it. It is no party question, and the attempt to make it one, should be at once suspected. It concerns all of every party.

There is danger of re-action from Europe; and it is the part of common prudence to look for it, and to provide against it. The great political truth has recently been promulged at the capital of one of the

-- · ·-

principal courts of Europe, at Vienna, and by one of the profoundest scholars of Germany, (Frederick Schlegel, a devoted Roman Catholic, and one of the Austrian Cabinet,) the great truth, clearly and unanswerably proved, that the political revolutions to which European governments have been so long subjected, from the popular desires for liberty, are the natural effects of the Protestant Reformation. That Protestantism favours Republicanism, while Papery as naturally supports Monarchical power. In these lectures , ... there is a most important allu- sion to this country; and as it demonstrates one of the principal connecting points between Euro- pean and American politics, and is the key to many of the mysterious doings that are in opera- tion against American institutions under our own eyes, let Americans treasure it well in their memo- ries. This is the passage:-"THE GREAT NURSERY of these destructive principles, (the principles of Democracy,) the GREAT REVOLUTIONARY SCHOOL for FRANCE and THE REST OF EUROPE, is NORTH AMERICA!" Yes, (I address Democratic Americans,) the influence of this Republican government, of your democratic system, is vitally felt by Austria. She confesses it. It is proscribed by the Austrian Cabinet. This country is designated directly to all her people, and to her allied despots, as the great plague spot of the world , the poisoned fountain

226 CHAPTER 8 THE EMERGENCE OF A MARKET ECONOMY, 1815-1850

whence flow all the deadly evils which threaten their own existence .... Is it wonderful after such an avowal in regard to America, that she should do something to rid herself and the world of such a tremendous evil? ... But how shall she attack us? She cannot send her armies, they would be useless. She has told us by the mouth of her Counsellor of Legation, that Popery, while it is the natural antag- onist to Protestantism, is opposed in its whole character to Republican liberty, and is the promoter and supporter of arbitrary power. How fitted then is Popery for her purpose! This she can send with- out alarming our fears, or, at least, only the fears of those "miserable," "intolerant fanatics," and "pious bigots," who affect to see danger to the liberties of the country in the mere introduction of a religious system opposed to their own, and whose cry of dan- ger, be it ever so loud, will only be regarded as the result of "sectarian fear," and the plot ridiculed as a "qu ixotic dream." But is there any thing so irratio- nal in such a scheme? Is it not the most natural and obvious act for Austria to do, with her views of the influence of Popery upon the form of government, its influence to pull down Republicanism, and build up monarchy; I say, is it not her most obvious act to send Papery to this country if it is not here, or give it a fresh and vigorous impulse if it is already here? At any rate she is doing it. She has set herself to work with all her activity to disseminate throughout the country the Popish religion. Imme- diately after the delivery of Schlegel's lectures, which was in the year 1828, a great society was formed in the Austrian capital, in Vienna, in 1829. The late Emperor, and Prince Metternich, and the Crown Prince, (now Emperor,) and all the civil and ecclesiastical officers of the empire, with the princes of Savoy and Piedmont, uniting in it, and calling it after the name of a canonized King, St. Leopold. This society is formed for a great and express purpose .... "of promoting the greater activity of Catholic missions in America;" these are the words of their own reports. Yes; these Foreign despots are suddenly stirred up to combine and promote the greater activity of Popery in this country; and this, too, just after they had been convinced of the

truth, or, more properly speaking, had their mem- ories quickened with it, that Papery is utter opposed to Republican liberty. These are the fac in the case. Americans, explain them in yo~· own way. If any choose to stretch their charity _ far as to believe that these crowned gentlem-:- have combined in this Society solely for religi purposes; that they have organized a Society · collect moneys to be spent in this country, a- have sent Jesuits as their almoners, and sh ~ loads of Roman Catholic emigrants, and for ~ - sole purpose of converting us to the religio Popery, and without any political design, er Judreus Apella, non ego.

* * * Let us examine the operations Society, for it is hard at work all around u here in this country, from one end to the oth our very doors, in this city .... Its emissari here. And who are these emissaries? The JESUITS. This society of men, after exerting · tyranny for upwards of 200 years, at ~e became so formidable to the world, threa-_ the entire subversion of all social order, tha· . the Pope, whose devoted subjects they ar must be, by the vow of their society, was com_ to dissolve them. They had not been supp: .. however, for 50 years, before the waning in- . of Popery and Despotism required their _ labours, to resist the spreading light of Dem liberty, and the Pope, (Pius VII,) simulta- with the formation of the Holy Alliance, _ .. the order of the Jesuits in all their power. do Americans need to be told what Jesu ,,_- any are ignorant, let them inform them: their history without delay; no time is to their workings are before you in every dav they are a secret society, a sort of Mason - with superadded features of most revo!: _ ousness, and a thousand times more d They are not confined to one class in soc. are not merely priests, or priests of one creed, they are merchants, and lawyer_ tors, and men of any profession, and no . ~

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SAMUEL F. B. MORSE: FROM Imminent Dangers to the Free Institutions (1835) 227

having no outward badge, (in this country,) by which to be recognised; they are about in all your society. They can assume any character, that of angels of light, or ministers of darkness, to accom- plish their one great end, the service upon which they are sent, whatever that service may be. "They are all educated men, prepared, and sworn to start at any moment, in any direction, and for any ser- vice, commanded by the general of their order, bound to no family, community, or country, by the ordinary ties which bind men; and sold for life to the cause of the Roman Pontiff."

* * *

Is there no danger to the Democracy of the country from such formidable foes arrayed against it? Is Metternich its friend? Is the Pope its friend? Are his official documents, now daily put forth, Democratic in their character?

0 there is no danger to the Democracy; for those most devoted to the Pope, the Roman Catho- lics, especially the Irish Catholics, are all on the side of Democracy. Yes; to be sure they are on the side of Democracy. They are just where I should look for them. Judas Iscariot joined with the true disciples. Jesuits are not fools. They would not startle our slumbering fears, by bolting out their monarchi- cal designs directly in our teeth, and by joining the opposing ranks, except so Jar as to cover their designs. This is a Democratic country, and the Democratic party is and ever must be the strongest party, unless ruined by traitors and Jesuits in the camp. Yes; it is in the ranks of Democracy I should expect to find them, and for no good purpose be assured. Every measure of Democratic policy in the least exciting will be pushed to ultraism, so soon as it is introduced for discussion. Let every real Democrat guard against this common Jesuitical artifice of tyrants, an artifice which there is much evidence to believe is practising against them at this moment, an artifice which if not heeded will surely be the ruin of Democracy: it is founded on the well-known principle that "extremes meet." The writer has seen it pass under his own eyes in Europe, in more than one instance. When in despotic governments popu-

lar discontent, arising from the intolerable oppres- sions of the tyrants of the people, has manifested itself by popular outbreakings, to such a degree as to endanger the throne, and the people seemed pre- pared to shove their masters from their horses, and are likely to mount, and seize the reins themselves; then, the popular movement, unmanageable any longer by resistance, is pushed to the extreme. The passions of the ignorant and vicious are excited to outrage by pretended friends of the people. Anar- chy ensues; and then the mass of the people, who are always lovers of order and quiet, unite at once in support of the strong arm of force for protec- tion; and despotism, perhaps, in another, but pre- concerted shape, resumes its iron reign. Italy and Germany are furnishing examples every day. If an illustration is wanted on a larger scale, look at France in her late Republican revolution, and in her present relapse into despotism.

* * *

That Jesuits are at work upon the passions of the American community, managing in various ways to gain control, must be evident to all. They who have learned from history the general mode of pro- ceeding of this crafty set of men, could easily infer that they were here, even were it not otherwise confirmed by unquestionable evidence in their correspondence with their foreign masters in Aus- tria. There are some, perhaps, who are under the impression that the order of Jesuits is a purely reli- gious Society for the dissemination of the Roman Catholic religion; and therefore comes within the protection of our laws, and must be tolerated. There cannot be a greater mistake. It was from the beginning a political organization, an absolute Monarchy masked by religion. It has been aptly styled "tyranny by religion." . . .

* * *

.. . It becomes important to inquire, then, what are the principal materials in our society with which Jesuits can accomplish the political designs of the Foreign Despots embodied in the Leopold Foundation. And here let me make the passing

228 CHAPTER 8 THE EMERGENCE OF A MARKET ECONOMY, 1815-1850

remark, that there has been a great deal of mawkish sensitiveness on the subject of introducing any thing concerning religion into political discus- sions. This sensitiveness, as it is not merely foolish, arising from ignorance of the true line which sep- arates political and theological matters, but also exposes the political interests of the country to manifest danger, I am glad to see is giving way to a proper feeling on the subject. Church and State must be for ever separated, but it is the height of folly to suppose, that in political discussions, Reli- gion especially, the political character of any and every religious creed may not be publicly discussed. The absurdity of such a position is too manifest to dwell a moment upon it. And in considering the materials in our society adapted to the purposes of hostile attack upon our Institutions, we must of necessity notice the Roman Catholic religion. It is this form of religion that is most implicated in the conspiracy against our liberties. It is in this sect that the Jesuits are organized. It is this sect that is proclaimed by one of its own most brilliant and profound literary men to be hostile in its very nature to republican liberty; and it is the active extension of this sect that Austria is endeavouring to promote throughout this Republic. And Americans will not be cowed into silence by the cries of persecution, intolerance, bigotry, fanaticism, and such puerile catchwords, perpetually uttered against those who speak or write ever so calmly against the dangers of Popery. I can say, once for all, that no such outcry weighs a feather with me, nor does it weigh a feather with the mass of the American people. They have good sense enough to discriminate, especially in a subject of such vital importance to their safety, between words and things. I am not tenacious of words, except for convenience sake, the better to be understood, but if detestation ofJesuitism and tyr- anny, whether in a civil or ecclesiastical shape, is in future to be called intolerance, be it so; only let it be generally understood, and I will then glory in intol- erance. When that which is now esteemed virtue, is to be known by general consent only by the name vice, why I will not be singular, but glory in vice, since the word is used to embody the essential qua/-

ities of virtue. I will just add, that those who are fond of employing these epithets, forget that by constantly, loosely, and indiscriminately using therr they cease to convey any meaning, or to excite ar: emotions but those of disgust towards those ". use them.

To return to the subject; it is in the Rom Catholic ranks that we are principally to look the materials to be employed by the Jesuits, an - what condition do we find this sect at present in\. country? We find it spreading itself into every n and corner of the land; churches, chapels, colle~- nunneries and convents, are springing up as i; magic every where; an activity hitherto unkn among the Roman Catholics pervades all tt ranks, and yet whence the means for all t efforts? Except here and there funds or favour • lected from an inconsistent Protestant, (so c probably because born in a Protestant country is flattered or wheedled by some Jesuit artifi- give his aid to their cause,) the greatest part pecuniary means for all these works are abroad. They are the contributions of his M the Emperor of Austria, of Prince Mettern1 - the late Charles X., and the other Despot • bined in the Leopold Society. And who a:-,. members of the Roman Catholic comm - What proportion are natives of this land, nu:-, under our own institutions, and well verse - nature of American liberty? Is it not notorio~ the greater part are Foreigners from the · Catholic countries of Europe. Emigration late years been specially promoted among th. of Foreigners, and they have been in the pro of three to one of all other emigrants arri our shores; they are from Ireland, Ge Poland, and Belgium. From about the peri • formation of the Leopold Society, Catholic<' tion increased in an amazing degree. Col Emigrants, selected, perhaps, with a view t particular places, (for, be it remembered, e ·- tion of this country is as perfectly known a and Rome as in any part of our own coun been constantly arriving. The principal e are from Ireland and Germany. We have la

ose who are so 1rget that by so ely using them, )r to excite any irds those who

in the Roman ally to look for : Jesuits, and in .t present in our into every nook iapels, colleges, ;ing up as if by 1erto unknown vades all their 1s for all these s or favours col- ,tant, (so called nt country, who esuit artifice to atest part of the vorks are from s of his Majesty ! Metternich, of r Despots com- nd who are the ic communion? s land, nurtured rell versed in the :it notorious that rom the various nigration has of among this class n the proportion ants arriving on land, Germany, the period of the Catholic emigra- gree. Colonies of 1 a view to occupy 1bered, every par- known at Vienna 'In country,) have mcipal emigrants re have lately been

SAMUEL F. B. MORSE: FROM Imminent Dangers to the Free Institutions (1835) 229

told by the captain of a lately arrived Austrian vessel, which , by the by, brought 70 emigrants from Ant- werp! that a desire is suddenly manifested among the poorer class of the Belgian population, to emi- grate to America. They are mostly, if not all, Roman Catholics, be it remarked, for Belgium is a Catholic country, and Austrian vessels are bringing them here. Whatever the cause of all this movement abroad to send to this country their poorer classes, the fact is certain, the class of emigrants is known, and the instrument, Austria, is seen in it-the same power that directs the Leopold Foundation.

,. ,. ,.

I have shown what are the Foreign materials imported into the country, with which the Jesuits can work to accomplish their designs. Let us exam- ine this point a little more minutely. These materi- als are the varieties of Foreigners of the same Creed, the Roman Catholic, over all of whom the Bishops or Vicars General hold, as a matter of course, eccle- siastical rule; and we well know what is the nature of Roman Catholic ecclesiastical rule,-it is the double refined spirit of despotism, which , after arrogating to itself the prerogatives of Deity, and so claiming to bind or loose the soul eternally, makes it, in the comparison, but a mere trifle to exercise absolute sway in all that relates to the body. The notorious ignorance in which the great mass of these emigrants have been all their lives sunk, until their minds are dead, makes them but senseless machines; they obey orders mechanically, for it is the habit of their education, in the despotic coun- tries of their birth. And can it be for a moment sup- posed by any one that by the act of coming to this country, and being naturalized, their darkened intellects can suddenly be illuminated to discern the nice boundary where their ecclesiastical obedi- ence to their priests ends, and their civil indepen- dence of them begins? The very supposition is absurd. They obey their priests as demigods, from the habit of their whole lives; they have been taught from infancy that their priests are infalli- ble in the greatest matters, and can they, by mere importation to this country, be suddenly imbued

with the knowledge that in civil matters their priests may err, and that they are not in these also their infallible guides? Who will teach them this? Will their priests? Let common sense answer this question. Must not the priests, as a matter almost of certainty, control the opinions of their ignorant flock in civil as well as religious matters? and do they not do it?

Mr. Jefferson, with that deep sagacity and fore- sight which distinguished him as a politician, fore- saw, predicted, and issued his warning, on the great danger to the country of this introduction of for- eigners. He doubted its policy, even when the advan- tages seemed to be greatest. He says, "The present desire of America, (in 1781,) is to produce rapid population by as great importations of foreigners as possible. But is this founded in policy?"

,. * "Are there no inconveniences to be thrown into the scale against the advantage expected from a mul- tiplication of numbers by the importation of for- eigners? It is for the happiness of those united in society to harmonize as much as possible in mat- ters which they must of necessity transact together."

* ,. ,.

What was dimly seen by the prophetic eye of Jef- ferson, is actually passing under our own eyes. Already have foreigners increased in the country to such a degree, that they justly give us alarm. They feel themselves so strong, as to organize themselves even as foreigners into foreign bands, and this for the purpose of influencing our elections .... That they are men who having professed to become Americans, by accepting our terms of naturaliza- tion, do yet, in direct contradiction to their profes- sions, clan together as a separate interest, and retain their foreign appellation; that it is with such a separate foreign interest, organizing in the midst of us, that Jesuits in the pay of foreign powers are tampering; that it is this foreign corps of religion- ists that Americans of both parties have been for years in the habit of basely and traitorously encourag- ing to erect into an umpire of our political divisions,

230 CHAPTER 8 THE EMERGENCE OF A MARKET ECONOMY, 1815-1850

thus virtually surrendering the government into the hands of Despotic powers. In view of these facts, which every day's experience proves to be facts, is it not time, high time, that a true Ameri- can spirit were roused to resist this alarming inroad of foreign influence upon our institutions, to avert dangers to which we have hitherto shut our eyes, and which if not remedied, and that immediately, will inevitably change the whole character of our government. I repeat what I first said, this is no party question, it concerns native Americans of all parties.

,.. ,.. ,..

REVIEW QUESTIONS

1. Why did Morse believe that the massive immi- gration from Europe was part of a vast conspir- acy against the United States?

2. Did he see this conspiracy as primarily reli- gious or political in its means and its ends?

3. Was his conspiracy theory logical and his evi- dence supportable? In other words, did he prove his case?

4. Did he acknowledge and argue against hi: opponents or did he simply disparage them a: he believed they disparaged nativists?

5. Was he against all immigrants?

9 ~ NATIONALISM AND SECTIONALISM, 1815-1828

As the revolutionary generation was dying off, transitional figures, such as James Monroe and John Quincy Adams, who had entered adulthood during the Revolu- tion, applauded their predecessors even as they set about changing the setting, tempo, and temper of the republic. New generations of Americans reflected and acted on such issues as national history, honor, and improvement.

The developing nation had altered much, in form if not in substance. Ameri- cans had extended their country's borders, and within those borders they argued over and then implemented internal improvements, such as roads and the development of waterways, to foster prosperity and power. While most, if not all, Americans looked at these transportation networks primarily as commercial neces- sities, a few leaders also saw them as contributing to the nation's security-they could thus move the military more efficiently to meet threats posed by Indian tribes and foreign nations. As Native American resistance grew, so too did the response of the United States: the Seminoles and Andrew Jackson illustrated the dynamics of this aggression. The nation was also intent on containing British imperial posses- sions to the north in Canada and pushing Spain off the continent altogether.

Territorial and economic growth stimulated the growth of American nation- alism. As the Federalist Party disappeared and Republicans adopted and adapted some of its ideas and projects-including a national bank-as their own, some Americans could hope that political partisanship was a thing of the past. That quickly proved to be wishful thinking, for one party could not accommodate all beliefs or all political players. Schisms developed within the party as its leaders jockeyed for power, and the intense rivalry and deal making that marked the election of Adams to the presidency in 1824 split the party. Andrew Jackson stormed out of its ranks and helped create the new Democratic Party, and then went on to win the election of 1828.

Schisms also developed between sections of the country. There arose new North-South issues that were related to or exacerbated by the rise of the West.

231

232 CHAPTER 9 NATIONALISM AND SECTIONALISM, 1815-1828

The question of Missouri statehood awakened people to the fact that the states

had not surmounted all the domestic dangers to their union. The result was that

even as citizens celebrated the nation's power, they started to worry about

national dissolution.

Sectional sentiments challenged nationalism, but the latter remained strong among the American people. Nationalism also prevailed due to the ideolo-

gies and actions of the country's leaders in the executive and judicial branches.

Adams and Monroe secured the United States as a continental power and

endeavored to extend it as a hemispheric one. Although the United States was

not a leading world power, Adams and Monroe were determined to maintain its

national honor and autonomy. John Marshall, the Chief Justice of the Supreme

Court, was just as determined to preserve the power of the national government

from encroachments by the states.

f ~

FoRTGA which Ja on the A Sir. I retu

evening oft opportunity my operatic river. ... Thi ments; The holds, or deo uniformly a1

resistance h, partial renco been involur teers, and mi expectations; sure was enc and danger ' calculated tc reposed in th

233

ANDREW JACKSON

FROM Report of Florida Expedition (1818)

What became known as the First Seminole War began at the end of 1817 when American forces and Native Americans clashed as each tried to secure their inter- ests in the area where Florida and the southwestern tip of Georgia meet. Each attacked the other. Then, after the Native Americans killed most of a group (which included some soldiers' wives) traveling up the Apalachicola River to get to Fort Scott across the Georgia border, Secretary of War John C. Calhoun ordered General Andrew Jackson to campaign against the Seminoles. Calhoun authorized Jackson to pursue the Seminoles into Spanish territory but did not give him orders to attack Spanish-held posts in the process. Jackson asked for President James Monroe's per- mission to seize such posts to secure the area. Supposedly, according to Jackson, he received word-though cryptically and through unofficial channels-to do so. He seized St. Mark's on April 7 and then moved on to take Pensacola on May 24.

From John Spencer Bassett, ed., Correspondence of Andrew Jackson, vol. 2 (1927; reprint , New York: Kraus Reprint Co., 1969), pp. 365-68. [Editorial insertions appear in square brackets-Ed.]

To Secretary Calhoun.

FORT GADSDEN [at the ruins of the "Negro Fort," which Jackson had ordered destroyed in 1816, on the Apalachicola River], May 5, 1818. Sir. I returned to this post with my Army on the

evening of the 2d instant, and embrace an early opportunity of furnishing you a detailed report of my operations to the east of the Apalachacola river. ... This has been principally a war of move- ments; The Enemy cut off from their strong holds, or deceived in the promised foreign aid have uniformly avoided a general engagement. Their resistance has generally been feeble, and in the partial rencounters into which they seem to have been involuntarily forced; The Regulars, Volun- teers, and militia under my command realised my expectations; Every privation, fatigue, and expo- sure was encountered with the spirit of soldiers, and danger was met with a degree of fortitude calculated to strengthen the confidence I had reposed in them.

On the commencement of my operations I was strongly impressed with a belief that this Indian War had been excited by some unprincipled For- eign, or private agents. The outlaws of the old red stick party [a group of Creek warriors who had fought to restore the traditional Creek way oflife in 1813-1814 and who had fought American forces over land] had been too severely convinced, and the Seminoles were too weak in numbers to believe, that they could possibly alone maintain a war with even partial success against the United States. Firmly convinced therefore that succor had been promised from some quarter, or that they had been deluded into a belief that America dare not violate the neutrality of spain by penetrating to their Towns, I early determined to ascertain these facts, and so direct my movements as to undeceive the Indians. After the destruction of the Meka- sukian [Mikasuki or Miccosukee] villages I marched direct for St Marks: The correspondence between myself and the Spanish Commandant in which I demanded the occupancy of that Fortress

234 CHAPTER 9 NATIONALISM AND SECTIONALISM, 1815-1828

with an American Garrison, accompanies this. It had been reported to me direct from the Governor of Pensacola that the Indians and Negroes [those included runaway slaves and Black Seminoles) unfriendly to the United States, had demanded of the commandant of st Marks a supply of ammuni- tion, munitions of war etc, threatning in the event of a non compliance to take possession of the Fort. The Spanish Commandant acknowledged the defenceless state of his fortress and his inability to defend it: and the Governor of Pensacola expressed similar apprehensions. The Spanish Agents through- out the Floridas had uniformly disavowed having any connection with the Indians, and acknowl- edged the obligations of his catholic Majesty under existing treaties to restrain their outrages against the citisens of the United States. Indeed they declaired that the Seminole Indians were viewed as alike hostile to the spanish government, and that the will remained, though the power was wanting to inflict merited chastisement on this lawless Tribe. It was therefore to be supposed that the American Army impelled by the immutable laws of self defence to penetrate the territory of his Catholic Majesty, to fight his battles, and even to relieve from a cruel bondage some of his own subjects, would have been received as allies, hailed as deliv- erers, and every facility afforded to them to termi- nate speedily and successfully this savage war. Fort St Marks could not be maintained by the Spanish force garrisoning it. The Indians and Negroes viewed it as an asylum if driven from their Towns, and were preparing to occupy it in this event. It was necessary to anticipate their move- ments, independant of the position being deemed essential as a depot on which the success of my future operations measur[ab]ly depended. In the spirit of Friendship therefore I demanded its sur- render to the Army of the u states until! the close of the seminole war. The Spanish Commandant required time to reflect, it was granted; a negotia- tion ensued, and an effort made to protract it to an unreasonable length. In the conversation between my Aid de camp Lt Gadsden and the Spanish Com- mandant circumstances transpired convicting him of a disposition to favour the Indians, and of having

taken an active part in aiding and abetting them in this war. I hesitated therefore no longer, and as I could not be received in friendship, I entered the Fort by violence. Two light companies of the 7th Regt Infantry and one of the 4th under the com- mand of Major Twigs was ordered to advance, lower the spanish colors, and hoist the star spangled ban- ner on the ramparts of Fort St Marks. The order was executed promptly, no resistance attempted on the part of the Spanish garrison.

The duplicity of the Spanish Commandant of St Marks in professing friendship towards the United States while he was actually aiding and supplying her savage enemies; Throwing open the gates of his garrison to their free access, Appropriating the King's stores to their use, issuing amunition and munition of war to them, and knowingly purchas- ing of them property plundered from the Citisens of the U States is clearly evinced by the documents accompanying my correspondence.

In Fort St Marks as an inmate in the family of the Spanish Commandant an Englishman by the name of Abuthnot was found. Unable satisfactorily to explain the objects of his visiting this country, and their being a combination of circumstances to justify a suspicion that his views were not honest, he was ordered in close confinement. The capture of his Schooner near the mouth ofSuwaney river by my aid de camp Mr Gadsden, and the papers found on board unvailed his corrupt transactions as well as those of a Capt Armbrister, late of the British Colonial marine Corps, taken as a prisoner near Bowlegs Town [town of King Bowlegs on Suwanee River]. These Individuals were tried under my orders by a special Court of select officers, legally convicted as exciters of this savage and negro War, legally condemned, and most justly punished for their iniquities. The proceedings of the Court martial in this case, with the volume of Testimony justifying their condemnation, presents scenes of wickedness, corruption, and barbarity at which the heart sickens and in which in this enlightened age it ought not scarcely to be believed that a christian nation would have participated, and yet the British government is involved in the agency. If Arbuthnot and Armbrister are not convicted as the Authorised

Agents of Grea but that that Ge assumed charc measures whic negroes and In, the U States. I unprincipled v hanged and Re will prove an av vince the Gover ubjects that cer

uncristian wret and excite a Inc savage war.

... It has be1 the U States hav( are kept advised ments; that they nition and mun collecting in laq warriors in that .ately been mad( -etlers fell by th1

These staten ment to the We hey prove corre

an American fo ing to his deser eave strong gan

den, and Fort ! become necess~ duty to state it , long as Spain ha he treaties by w erve the Indian he U States, no : ern frontier wit! along the Sea S .-\rmy retires fro again raised, anc murder with wh

ANDREW JACKSON: rnoM Report of Florida Expedition (1818) 235

of Great Britain there is no room to doubt .,t that Government had a knowledge of their

~ed character, and was well advised of the _res which they had adopted to excite the

s and Indians in East Florida to war against : States. I hope the execution of these two · .ncipled villains [Alexander Arbuthnot was . .:d and Robert Ambrister shot on 29 April]

:ove an awful! example to the world, and con- • the Government of Great Britain as well as her . ,:ts that certain, if slow retribution awaits those

• 0 tian wretches who by false promises delude

.. xcite a Indian tribe to all the horrid deeds of

=e war. . It has been stated that the Indians at war with

- -tates have free access into Pensacola; That they ept advised from that quarter of all our move-

··; that they are supplied from thence with amu- !l and munitions of war, and that they are now cting in large bodies to the amount of 4 or 500

--nors in that city; That inroads from thence have : ·· been made on the alabama, in one of which 18

rs fell by the tomahawk. ~ese statements compel! me to make a move-

to the West of the Apalachacola and should -prove correct Pensacola must be occupied with -\merican force, The Governor treated accord-

= to his deserts or as policy may dictate. I shall ·e strong garrisons in Fort St Marks, Fort Gads-

- and Fort Scott, and in Pensacola should it .• ome necessary to possess it. It becomes my __ ,- to state it as my confirmed opinion, that so

g as Spain has not the power, or will to enforce :: treaties by which she is solemnly bound to pre- :e the Indians within her territory at peace with U States, no security can be given to our South-

•• frontier without occupying a cordon of Posts ng the Sea Shore. The moment the American

-,~y retires from Florida, The War hatchet will be :-ain raised, and the same scenes of indiscriminate

-..1rder with which our frontier setlers have been

visited, will be repeated. So long as the Indians within the territory of spain are exposed to the delusions of false prophets, and the poison of foreign intrigue; so long as they can receive amu- nition, munitions of war etc from pretended Trad- ers, or Spanish commandants it will be impossible to restrain their outrages. The burning of their Towns, the destroying of their stock and provi- sions will produce but temporary embarrass- ments, resupplied by spanish authorities they may concentrate, or disperse at will, and keep up a last- ing predatory warfare against the Frontiers of the U States, as expensive as harrassing to her Troops. The Savages therefore must be made dependant on us, and cannot be kept at peace without [being] persuaded of the certainty of chastisement being inflicted on the commission of the first offence.

I trust therefore that the measures which have been persued will meet with the approbation of the President of the U States. They have been adopted in pursuance of your instructions, under a firm conviction that they alone were calculated to ensure "Peace and security to the southern frontier of Georgia." ...

REVIEW QUESTIONS

1. Why did Jackson believe he was justified in attacking Spanish fortifications?

2. Why did he believe that the responses of Span- ish officials to his demands warranted his sub- sequent actions?

3. How does he explain the actions taken against two British subjects, Arbuthnot and Ambrister, found in the area?

4. What does this report reveal about Jackson as a military commander, instrument of U.S. policy, and, perhaps, representative of American public sentiment?

236 CHAPTER 9 NATIONALISM AND SECTIONALISM, 18 15-1828

JOHN QUINCY ADAMS

FROM Observations on Jackson

and the Spanish Florida Situation (1818-19)

When President James Monroe made John Quincy Adams his secretary of state, Adams had long been engaged in diplomacy to good effect for his country: he had been part of the commission that negotiated the Treaty of Ghent that ended the War of 1812, and he had represented the United States in the Netherlands, Prussia, Rus- sia, and Great Britain. Adams had also served in the Senate, the legislative branch with the duty to advise the president on treaties and ambassadors. His heritage, education, and experience molded his perceptions and policies to the point that he generally-the issue of slavery would later test him on this-put nation before sec- tion or state. He believed that the United States should have dominion over the North American continent and labored to that end. As secretary of state he negoti- ated the Convention of 1818 with the British, establishing, among other things, boundary and fishing rights as well as the Transcontinental Treaty of 1819 with Spain (also called the Adams-Onis Treaty). Adams was also a major influence in the creation of what has become known as the Monroe Doctrine. He was able to expand American property and power because of a growing American population, econ- omy, and militarism. The last was seen in the actions of, and popular reactions to (especially in the South and West), General Andrew Jackson's campaign against the Seminoles.

From Allan Nevins, ed., The Diary of John Quincy Adams, 1794-1845 (1928; New York: Charles Scribner's Sons, 1951), pp. 196-201. [Editorial insertions appear in square brackets-Ed.]

* * * May. 4. [1818] - The President sent me word this

morning that he had returned from his short tour to Virginia. When I called at his house, I found there Mr. Calhoun and Mr. Crowninshield: Mr. Crawford came in shortly afterwards. The dispatches from General Jackson were just received, containing the account of his progress in the war against the Seminole Indians, and his having taken the Spanish fort of St. Mark's, in Florida, where they had taken refuge. They hung some of the Indian prisoners, as it appears, without due regard to humanity. A Scotchman by the name of Arbuthnot

was found among them, and Jackson appears half inclined to take his life . Crawford some time ago proposed to send Jackson an order to give no quar- ter to any white man found with the Indians. I objected to it then, and this day avowed that I was not prepared for such a mode of warfare.

* * *

June 9.-We spent the evening at the French Min- ister Hyde de Neuville's, a small musical party. Mr. Bagot [British minister Sir Charles Bagot] spoke to me of certain publications in the news- papers, mentioning the execution by sentences of

,pear,,. : time ;._ _

JOHN QUINCY ADAMS: FROM Observations on Jackson and the Spanish ... (1818-19) 237

urt-martial, under the orders of General Jack- n, of two Englishmen, named Arbuthnot and rnbrister, taken with the Seminole Indians in

war. These publications say that the evidence =ainst them proved the greatest perfidy on the :i.rt of the British Government. Mr. Ba got was very ;ich hurt by this charge of perfidy, for which he d there was not the slightest foundation. June 18.-The President spoke of the taking of

_nsacola by General Jackson, contrary to his -ders, and, as it is now reported, by storm. This, -_d other events in this Indian war, makes many 5culties for the Administration.

* * * 10.-Had an interview at the office with Hyde

_ .Jeuville, the French Minister-all upon our =airs with Spain. He says that Spain will cede the

ridas to the United States, and let the lands go : the indemnities due to our citizens, and he -ged that we should take the Sabine for the west-

boundary, which I told him was impossible. He sed this subject very strenuously for more than hour. As to Onis's [Spanish minister Luis de

.1s y Gonzales] note of invective against General -kson, which I told him as a good friend to Onis

_ Jhould advise him to take back, he said I need answer it for a month or two, perhaps not at all,

n the meantime we could come to an arrange- nt of the other differences. July 15.-Attended the Cabinet meeting at the

-esident's, from noon till five o'clock. The subject deliberation was General Jackson's late transac- ns in Florida, particularly the taking of Pensac-

The President and all the members of the inet, except myself, are of opinion that Jackson

- ed not only without, but against, his instruc- : that he has committed war upon Spain,

:ch cannot be justified, and in which, if not avowed by the Administration, they will be mdoned by the country. My opinion is that ..:re was no real, though an apparent, violation of

instructions: that his proceedings were justi- . by the necessity of the case, and by the mis-

'1duct of the Spanish commanding officers in rida. The question is embarrassing and compli-

cated, not only as involving that of an actual war with Spain, but that of the Executive power to authorize hostilities without a declaration of war by Congress. There is no doubt that defensive acts of hostility may be authorized by the Executive; but Jackson was authorized to cross the Spanish line in pursuit of the Indian enemy ... .

Calhoun, the Secretary at War, generally of sound, judicious, and comprehensive mind, seems in this case to be personally offended with the idea that Jackson has set at nought the instructions of the Department. The President supposes there might be cases which would have justified Jackson's measures, but that he has not made out his case.

July 16.-Second cabinet meeting at the Presi- dent's, and the question of the course to be pur- sued with relation to General Jackson's proceedings in Florida recurred. As the opinion is unanimously against Jackson excepting mine, my range of argu- ment now is only upon the degree to which his acts are to be disavowed. It was urged that the public dissatisfaction at the taking of Pensacola is so great that the Administration must immediately and publicly disclaim having given any authority for it, and publish all the instructions given to him to throw the blame entirely upon him.

July 17.-Cabinet meeting at the President's- the discussion continued upon the answer to be given to Onis, and the restoration of Florida to Spain. The weakness and palsy of my right hand make it impossible for me to report this discussion, in which I continue to oppose the unanimous opinions of the President, the Secretary of the Treasury Crawford, the Secretary of War Calhoun, and the Attorney- General Wirt. I have thought that the whole conduct of General Jackson was justifiable under his orders, although he certainly had none to take any Spanish fort. My principle is that everything he did was defensive; that as such it was neither war against Spain nor violation of the Constitution.

July 21.-A Cabinet meeting, at which the sec- ond draft of my letter to Mr. Onis was read and finally fixed. Mr. Wirt read what he called a second edition of his article for the National Intelligencer. I strenuously re-urged my objections, especially to a paragraph declaring that the President thought he

238 CHAPTER 9 NATIONALISM AND SECTIONALISM, 1815-1828

had no constitutional power to have authorized General Jackson to take Pensacola .... I finally gave up the debate, acquiescing in the determination which had been taken. The Administration were placed in a dilemma from which it is impossible for them to escape censure by some, and factious crimi- nation by many. If they avow and approve Jackson's conduct, they incur the double responsibility of hav- ing commenced a war against Spain, and of warring in violation of the Constitution without the author- ity of Congress. If they disavow him, they must give offence to all his friends, encounter the shock of his popularity, and have the appearance of truckling to Spain. For all this I should be prepared. But the mis- chief of this determination lies deeper: 1. It is weak- ness, and confession of weakness. 2. The disclaimer of power in the Executive is of dangerous example and of evil consequences. 3. There is injustice to the officer in disavowing him, when in principle he is strictly justifiable ... .

Calhoun says he has heard that the court- martial at first acquitted the two Englishmen, but that Jackson sent the case back to them. He says, also, that last winter there was a company formed in Tennessee, who sent Jackson's nephew to Pensacola and purchased Florida lands, and that Jackson himself is reported to be interested in the speculation. I hope not.

* * * January 23. [1819]-As I was going to the Presi- dent's, General Jackson and his suite were going out. The President called him and Colonel Butler back, and introduced them to me. The General arrived this morning from his residence at Nash- ville, Tennessee, and had already called at my office. Among the rumors which have been circulated by the cabal now intriguing in Congress against Jackson, it has been very industriously whispered that Mr. Jefferson and Mr. Madison had declared themselves in very strong terms against him. I had mentioned this report a few days since to the Presi- dent, who told me that he was convinced there was no foundation for it. This morning he showed me in confidence a letter he had just received from Mr. Jefferson. It not only expresses full satisfac-

tion with the course pursued by the Administra- tion, but mentions my letters of 12th March last to Onis, and of 28th November to Erving, in terms which it would not become me to repeat. He advises that they, with others of my letters to Onis, should be translated into French and communi- cated to every Government in Europe, as a thor- ough vindication of the conduct and policy of this Government.

* * *

February 3.-General Jackson came to my house this morning, and I showed him the boundary line which has been offered to the Spanish Minister, and that which we proposed to offer upon Melish's map. He said there were many individuals who would take exception to our receding so far from the boundary of the Rio del Norte, which we claim, as the Sabine, and the enemies of the Administra- tion would certainly make a handle of it to assail them: but the possession of the Floridas was of so great importance to the southern frontier of the United States, and so essential even to their safety, that the vast majority of the nation would be satis- fied with the western boundary as we propose, if we obtain the Floridas. He showed me on the map the operations of the British force during the late war, and remarked that while the mouths of the Florida rivers should be accessible to a foreign naval force there would be no security for the United States.

He also entered into conversation upon the subject of discussion now pending in the House of Representatives on his proceedings in the late Sem- inole War, upon that which is preparing in the Senate under the auspices of Mr. Forsyth, of Geor- gia, and upon the general order given by Jackson in 1817, which was considered as setting at defiance the War Department. He imputed the whole to Mr. Crawford 's resentments against him on account of his having at the last Presidential election sup- ported Mr. Monroe against him; said there was not a single officer in the army known to have been at that time in favor of Monroe whom Crawford had not since insulted: that Mr. Monroe was of an open, fair, unsuspecting character, amiable in the highest degree, and would not believe human

JO H

nature capable while holding a - practising againJ

I told Jacksor any of the discu word which led feeling against h might be, Crawfo~ egation of Georg insult and the g; principle had corr- 1817. Crawford, he principle, and car ford was now can election, and actu ing a coalition w roe's Administrat1

That Crawford as Jackson has · improbable. He ha himself so much · conduct is govern as the immediate Sil~ his hopes depend _ uccess, or at least t,

tration, is perfectly interests of the co of which belongs to - incidental to the Tr give an able financier talents: but Crawfor, He is just, and barely the business of his o;::

and as their success ' and influence, and ti: disgrace, of the Se personal views cen Administration in its haps unconscious of~ be impelled to throw bring upon the Depar.. feeling of public dissa

JOH N Q U IN CY A D A MS: FR OM Observations on Jackson and the Spanish . .. (1818-19) 239

capable of the baseness which Crawford, ~aiding a confidential office under him, was IBg against him. d Jackson that Mr. Crawford had never in

·he discussions on the Seminole War said a ·hich led me to suppose he had any hostile

; against him. He replied that, however that e, Crawford was now setting the whole del- of Georgia against him, and by intentional

and the grossest violation of all military ·rle had compelled him to issue the order of Crawford, he said, was a man restrained by no pie, and capable of any baseness ... . Craw- ·as now canvassing for the next Presidential n, and actually wrote a letter to Clay propos- coalition with him to overthrow Mr. Mon-

.:..dministration. - at Crawford has written such a letter to Clay

·kson has informed, is to the last degree able. He has too much discretion to have put

::f so much in Clay's power. But that all his _ct is governed by his views to the Presidency, = rmmediate successor to Mr. Monroe, and that

pes depend upon a result unfavorable to the _ss, or at least to the popularity of the Adminis- n, is perfectly clear. The important and critical

-'Sts of the country are those the management ·ch belongs to the Department of State. Those ntal to the Treasury are in a state which would

an able financier an opportunity to display his ··: but Crawford has no talents as a financier. mst, and barely, equal to the current routine of usiness of his office. His talent is intrigue. And

in the foreign affairs that the success or fail- f the Administration will be most conspicuous,

their success would promote the reputation .nfluence, and their failure would lead to the

=-:ace, of the Secretary of State, Crawford's nal views centre in the ill success of the

-:i.inistration in its foreign relations; and, per- . unconscious of his own motives, he will always :npelled to throw obstacles in its way, and to

~g upon the Department of State especially any ng of public dissatisfaction that he can.

* * *

Feb. 22.-Mr. Onis came at eleven, with Mr. Stough- ton, one of the persons attached to his Legation. The two copies of the treaty made out at his house were ready: none of ours were entirely fini shed. We exchanged the original full powers on both sides, which I believe to be the correct course on the con- clusion of treaties, though at Ghent, and on the conclusion of the Convention of 3d July, 1815, the originals were only exhibited and copies exchanged. I had one of the copies of the treaty, and Mr. Onis the other. I read the English side, which he collated, and he the Spanish side, which I collated. We then signed and sealed both copies on both sides-I first on the English and he first on the Spanish side ....

The acquisition of the Floridas has long been an object of earnest desire to this country. The acknowledgment of a definite line of boundary to the South Sea forms a great epoch in our history. The first proposal of it in this negotiation was my own, and I trust it is now secured beyond the reach of revocation. It was not even among our claims by the Treaty of Independence with Great Britain. It was not among our pretensions under the purchase of Louisiana-for that gave us only the range of the Mississippi and its waters. I first introduced it in the written proposal of 31st October last, after hav- ing discussed it verbally both with Onis and De Neuville . It is the only peculiar and appropriate right acquired by this treaty in the event of its ratification.

* * *

REVIEW QUESTIONS

1. Why did Jackson's actions create difficulties for Monroe's administration?

2. Did Adams approve or disapprove of Jackson's actions? Why?

3. Does it appear that Jackson's actions helped or hindered Adams in his negotiations with Spain?

4. Did Adams have to worry about domestic poli- tics when implementing his foreign policy? Explain.

240 CHAPTER 9 NATIONALISM AND SECTIONALISM, 1815-1828

JOH N QUI NCY A DAMS

Reflections on the Missouri Question (1820)

The nation wrestled not only with matters of state but with matters within the states as well. The question of Missouri's admittance to the union had "excited feelings & raised difficulties, of an internal nature, which did not exist before." Actually the difficulties-those concerning the extension of slavery, the corresponding expansion of slaveholder power, and the respective rights of the people, states, and Congress- were not totally new, but while they had been subdued in the "Era of Good Feelings," they now burst forth in greater vigor and viciousness. The debate began in early 1819 when there were enough people in the territory around and including the town of St. Louis to constitute a new state. Considering how the nation had celebrated the admittance of each new state up to this time as a confirmation of America's power and prosperity, there should not have been a problem. One developed, however, when Representative James Tallmadge Jr. of New York proposed that Congress make a pro- hibition on the future importation of slaves into the area and introduce a system of gradual manumission as a condition of admission. Slaveowners in Missouri and elsewhere countered by arguing that Congress did not have the right to so restrict a state's power and an individual's right to control his property. John Quincy Adams, because of personal inclination as well as his professional responsibility to advise the president, observed and commented on the "Missouri question" as Congress and country debated the issue for over a year.

From Allan Nevins, ed., The Diary of John Quincy Adams, 1794-1845 (1928; New York: Charles Scribner's Sons, 1951), pp. 225-32. [Editorial insertions appear in square brackets-Ed.]

* * * Jan. 24.- I walked with R. M. Johnson to the

Senate chamber and heard Mr. Pinkney close his Missouri speech. There was a great crowd of audi- tors. Many ladies, among whom several seated on the floor of the Senate. His eloquence was said to be less overpowering than it had been last Friday. His language is good, his fluency without interruption or hesitation, his manner impressive, but his argu- ment weak, from the inherent weakness of his cause.

Feb. 11.-I went up to the Capitol and heard Mr. King in the Senate, upon what is called the Missouri question. He had been speaking perhaps

an hour before I went in, and I heard him about an hour. His manner is dignified, grave, earnest, but not rapid or vehement. There was nothing new in his argument, but he unravelled with ingenious and subtle analysis many of the sophistical tissues of the slave-holders. He laid down the position of the natural liberty of man, and its incompatibility with slavery in any shape. He also questioned the Constitutional right of the President and Senate to make the Louisiana Treaty; but he did not dwell upon those points, nor draw the consequences from them which I should think important in speaking to that subject. He spoke, however, with great power, and the great slaveholders in the House

gnawed I heard h Mr. Cal souriqu holders with era matory, timidity. human was ther, of this q By what eloquent There i sense on ardent

genius c ofsuppo nicating question rage upol now is th such am upon ear

Feb. Capitol, sor of the: young m promise. i the time the most ever hea walked, a Marshall! fancy an ner wast, manner

was a sho doubt th Union wo eracies. I

.-ork: _q_uare

~ard him about a-: ..-ave, earnest, b · nothing new · -

:ct with ingenim~· sophistical tissue, ,-n the position o .ts incompatibilit- -o questioned the ent and Senate tc he did not dwe[

·onsequences from !Ortant in speaking wever, with great

ders in the House

JOHN Q U INCY ADAMS: FROM Reflections on the Missouri Question (1820) 241

.: their lips and clenched their fists as they aim ... . We attended an evening party at 'houn's, and heard of nothing but the Mis-

~uestion and Mr. King's speeches. The slave- -5 cannot hear of them without being seized :ramps. They call them seditious and inflam-

-. when their greatest real defect is their -..,._ Never since human sentiments and

conduct were influenced by human speech ere a theme for eloquence like the free side

_ question now before Congress of this Union. .at fatality does it happen that all the most ent orators of the body are on its slavish side?

.: is a great mass of cool judgment and plain .. on the side of freedom and humanity, but the

--· spirits and passions are on the side of ion. Oh, if but one man could arise with a

- ~ J capable of comprehending, a heart capable -?porting, and an utterance capable of commu- ... :~ng those eternal truths that belong to this · •ion, to lay bare in all its nakedness that out- - upon the goodness of God, human slavery,

the time, and this is the occasion, upon which a man would perform the duties of an angel earth!

Feb. 13.-Attended the divine service at the : _tol, and heard Mr. Edward Everett, the Profes- - ~f the Greek language at Harvard University, a _.:::ig man of shining talents and of illustrious mise. His text was from I Cor. vii. 29: "Brethren,

ime is short," and it was without comparison most splendid composition as a sermon that I

:::r heard delivered . . . . Mr. Clay, with whom I ·ed, after the service, to call upon Chief-Justice

_rshall, told me that although Everett had a fine :icy and a chaste style of composition, his man-

. !' was too theatrical, and he liked Mr. Holley's nner better. Clay started, however, immediately to the Mis- ri question, yet in debate before both Houses of

- ngress, and , alluding to a strange scene at Rich- - ond, Virginia , last Wednesday evening, said it ~ as a shocking thing to think of, but he had not a .:oubt that within five years from this time the .-nion would be divided into three distinct confed- _:acies. I did not incline to discuss the subject with

him. We found Judges Livingston and Story with the ChiefJustice.

,. ,. ,.

February 23.-A. Livermore and W. Plumer, Junr, members of the House of Representatives from New Hampshire, called upon me, and, conversing on the Missouri slave question, which at this time agitates Congress and the Nation, asked my opin- ion of the propriety of agreeing to a compromise. The division in Congress and the nation is nearly equal on both sides. The argument on the free side is, the moral and political duty of preventing the extension of slavery in the immense country from the Mississippi River to the South Sea. The argu- ment on the slave side is, that Congress have no power by the Constitution to prohibit slavery in any State, and, the zealots say, not in any Territory. The proposed compromise is to admit Missouri, and hereafter Arkansas , as States, without any restric- tion upon them regarding slavery, but to prohibit the future introduction of slaves in all Territo- ries of the United States north of 36° 30' latitude. I told these gentlemen that my opinion was , the question could be settled no otherwise than by a compromise.

Feb. 24.-I had some conversation with Calhoun on the slave question pending in Congress. He said he did not think it would produce a dissolution of the Union, but, if it should, the South would be from necessity compelled to form an alliance, offensive and defensive, with Great Britain.

I said that would be returning to the colonial state.

He said, yes, pretty much, but it would be forced upon them. I asked him whether he thought, if by the effect of this alliance, offensive and defensive, the population of the North should be cut off from its natural outlet upon the ocean, it would fall back upon its rocks bound hand and foot, to starve, or whether it would not retain its powers of locomo- tion to move southward by land. Then, he said, they would find it necessary to make their communities all military. I pressed the conversation no further: but if the dissolution of the Union should result from the slave question, it is as obvious as anything

242 CHAPTER 9 NATIONALISM AND SECTIONALISM, 1815-1828

that can be foreseen of futurity, that it must shortly afterwards be followed by the universal emancipa- tion of the slaves. A more remote but perhaps not less certain consequence would be the extirpation of the African race on this continent, by the gradu- ally bleaching process of intermixture, where the white portion is already so predominant, and by the destructive progress of emancipation, which, like all great religious and political reformations, is terrible in its means though happy and glorious in its end. Slavery is the great and foul stain upon the North American Union, and it is a contemplation worthy of the most exalted soul whether its total abolition is or is not practicable: if practicable, by what it may be effected, and if a choice of means be within the scope of the object, what means would accomplish it at the smallest cost of human suffer- ing. A dissolution, at least temporary, of the Union, as now constituted, would be certainly necessary .... The Union might then be reorganized on the fun- damental principle of emancipation. This object is vast in its compass, awful in its prospects, sublime and beautiful in its issue.

* * * Washington, March 2, 1820.-The compromise of the slave question was this day completed in Con- gress. The Senate have carried their whole point, barely consenting to the formality of separating the bill for the admission of the State of Maine into the Union from that for authorizing the people of the Territory of Missouri to form a State Gov- ernment. The condition that slavery should be prohibited by their Constitution, which the House of Representatives had inserted, they have aban- doned. Missouri and Arkansas will be slave States, but to the Missouri bill a section is annexed, prohib- iting slavery in the remaining part of the Louisiana cession north oflatitude 36° 30'. This compromise, as it is called, was finally carried this evening by a vote of ninety to eighty-seven in the House of Rep- resentatives, after successive days and almost nights of stormy debate.

March 3.-When I came this day to my office, I found there a note requesting me to call at one

o'clock at the President's house. It was then one, and I immediately went over. He expected that the two bills, for the admission of Maine, and to enable Missouri to make a Constitution, would have been brought to him for his signature, and he had summoned all the members of the Adminis- tration to ask their opinions in writing, to be depos- ited in the Department of State, upon two questions: 1, Whether Congress had a Constitutional right to prohibit slavery in a Territory: and 2, Whether the eighth section of the Missouri bill (which inter- dicts slavery forever in the Territory north of thirty- six and a half latitude) was applicable only to the Territorial State, or could extend to it after it should become a State.

As to the first question, it was unanimously agreed that Congress have the power to prohibit slavery in the Territories .. . . I had no doubt of the right of Congress to interdict slavery in the Terri- tories, and urged that the power contained in the term "dispose of" included the authority to do everything that could be done with it as mere prop- erty, and that the additional words, authorizing needful rules and regulations respecting it, must have reference to persons connected with it, or could have no meaning at all. As to the force of the term needful, I observed, it was relative, and must always be supposed to have reference to some end. Needful to what end? Needful in the Constitution of the United States to any of the ends for which that compact was formed. Those ends are declared in its preamble: to establish justice, for example. What can be more needful for the establishment of justice than the interdiction of slavery where it does not exist? ...

After this meeting, I walked home with Cal- houn, who said that the principles which I had avowed were just and noble: but that in the South- ern country, whenever they were mentioned, they were always understood as applying only to white men. Domestic labor was confined to the blacks, and such was the prejudice, that if he, who was the most popular man in his district, were to keep a white servant in his house, his character and repu- tation would be irretrievably ruined.

I said that servitude and of slavery: but excellent conse, of labor-not, · had often held · facturing and It was only mac No white pers the best guar It produced a not only did inequalities, b

the same lig sentiment-n: dominion for

more false a.

JOHN QUINCY ADAMS: FR O M Reflections on the Missouri Question (1820) 243

aid that this confounding of the ideas of .mde and labor was one of the bad effects

'"avery: but he thought it attended with many dent consequences. It did not apply to all kinds ;,bor-not, for example, to farming. He himself

ften held the plough: so had his father. Manu- ~ring and mechanical labor was not degrading.

only manual labor-the proper work of slaves. -hite person could descend to that. And it was est guarantee to equality among the whites.

··..-oduced an unvarying level among them. It : only did not excite, but did not even admit of

ualities, by which one white man could domi- a~ over another. : told Calhoun I could not see things in

ame light. It is, in truth, all perverted · ·1ment-mistaking labor for slavery and • .inion for freedom. The discussion of this souri question has betrayed the secret of

~:r souls. In the abstract they admit that slav- 1s an evil, they disclaim all participation in introduction of it, and cast it all upon the

ulders of our old Grandam Britain. But when bed to the quick upon it, they show at the bot-

'"'! of their souls pride and vainglory in their dition of masterdom. They fancy themselves re generous and noble-hearted than the plain

.emen who labor for subsistence. They look --·n upon the simplicity of a Yankee's manners, cause he has no habits of overbearing like irs and cannot treat negroes like dogs. It is ong the evils of slavery that it taints the very rces of moral principle. It establishes false

amates of virtue and vice: for what can be ore false and heartless than this doctrine which

makes the first and holiest rights of humanity to depend upon the color of the skin? .. .

I have favored this Missouri compromise, believing it to be all that could be effected under the present Constitution, and from extreme unwilling- ness to put the Union at hazard. But perhaps it would have been a wiser as well as a bolder course to have persisted in the restriction upon Missouri, till it should have terminated in a convention of the States to revise and amend the Constitution. This would have produced a new Union of thirteen or fourteen States unpolluted with slavery, with a great and glorious object to effect, namely, that of rallying to their standard the other States by the universal emancipation of their slaves. If the Union must be dissolved, slavery is precisely the question upon which it ought to break. For the present, how- ever, this contest i[s] laid asleep.

* * *

REVIEW QUESTIONS

1. Why did the question of Missouri statehood provoke such a crisis? What were the moral and constitutional issues involved?

2. What appeared to have the most weight with the politicians? Does this issue appear to have affected the nature of the compromise?

3. What was Adams's position on the problem and the compromise?

4. Do these entries reveal Adams to be a believer in strict or loose construction of the Constitu- tion? What do they reveal about Monroe?

244 CHAPTER 9 NATIONALISM AND SECTIONALISM, 1815-1828

DAVID WALKER

FROM Appeal to the Coloured Citizens

of the World (1829)

The Missouri Compromise of 1820 paved the way for the admission of Missouri as a slave state in 1821, but by the end of the decade a growing number of reformers started to campaign against further compromises with slavery. David Walker was one of the most radical of those activists. Walker had been born out of slavery to a free black woman in North Carolina, but he saw and felt the effects of slavery and discrimination in his travels. He eventually settled in Boston where he had a small used-clothing shop and where he contributed to and distributed Freedom's Jour- nal, a newspaper started by African Americans in New York City in 1827. Walker also lectured to Boston audiences promoting abolition and denouncing the coloni- zation of free blacks to Africa. Ultimately he decided that he needed to reach larger audiences and, in particular, that he needed to reach the slaves of the South. He published the first edition of his Appeal in the fall of 1829 and then added material to a second and finally a third edition (excerpted here) that was published in June 1830, shortly before he died. Some sailors who bought his clothing goods and then traded them in the South smuggled the Appeal into southern ports (pages were sewn into their clothes). The Appeal energized antislavery activists, although most deplored its call to slaves to take extreme, even violent, measures. It enraged pro- slavery advocates and contributed to the passage of more repressive slave laws in many southern states.

From David Walker's Appeal . .. To the Coloured Citizens of the World (Boston: David Walker, 1830), pp. 9-10, 15-17, 19-20. [Editorial insertions appear in square brackets-Ed.]

Article I.

Our Wretchedness in Consequence of Slavery.

My beloved brethren:-The Indians of North and of South America-the Greeks-the Irish, sub- jected under the king of Great Britain-the Jews, that ancient people of the Lord-the inhabitants of the islands of the sea-in fine, all the inhabitants of the earth, (except however, the sons of Africa)

are called men, and of course are, and ought to be free. But we, (coloured people) and our children are brutes!! and of course are, and ought to be SLAVES to the American people and their children forever! ! to dig their mines and work their farms; and thus go on enriching them, from one genera- tion to another with our blood and our tears!! ! !

I promised in a preceding page to demonstrate to the satisfaction of the most incredulous, that we, (coloured people of these United States of America) are the most wretched, degraded and abject set of

beings that ever that the white A wretched state more cruel (the tian people,) t people whom it

Now I appe ticularly to the .• cease not to dee

wretchedness children. Not, i ident, a Govern or an Attorney colour, who ho one who sits in .. his wretched Republic! ! .. .

The sufferin::, were somewha· theirs, were as I do most stren

from their wiv parents, mother from their hu of the country were heathens, Master made · Christian Ame ties? Have you us under you, ac us in telling us ;: that we are not Americans, I a you deny these " by saying, that were not men. words?-have t.." Greeks, and I~

DA vrn WALKER: FROM Appeal to the Coloured Citizens of the World (1829) 245

=,s that ever lived since the world began, and e white Americans having reduced us to the

_ned state of slavery, treat us in that condition -rue/ (they being an enlightened and Chris-

?eople,) than any heathen nation did any : .e whom it had reduced to our condition ....

* * * ow I appeal to heaven and to earth, and par- ly to the American people themselves, who

not to declare that our condition is not hard, -hat we are comparatively satisfied to rest in ::hedness and misery, under them and their -ren. Not, indeed, to show me a coloured Pres- . a Governor, a Legislator, a Senator, a Mayor,

~ _-\ttorney at the Bar. - But to show me a man of -.ir, who holds the low office of a Constable, or ·ho sits in a Juror Box, even on a case of one of ;retched brethren, throughout this great

. .:blic! ! ...

* * * Toe sufferings of the Helots among the Spartans, » somewhat severe, it is true, but to say that

, were as severe as ours among the Americans, most strenuously deny-for instance, can any

-~ show me an article on a page of ancient his- which specifies, that, the Spartans chained,

.;. handcuffed the Helots, and dragged them their wives and children, children from their

ents, mothers from their suckling babes, wives their husbands, driving them from one end

ne country to the other? Notice the Spartans e heathens, who lived long before our Divine ter made his appearance in the flesh. Can

~-ristian Americans deny these barbarous cruel- ; Have you not, Americans, having subjected ·nder you, added to these miseries, by insulting

:n telling us to our face, because we are helpless, ·• we are not of the human family? I ask you, O!

ericans, I ask you, in the name of the Lord, can ~ deny these charges? Some perhaps may deny,

aying, that they never thought or said that we -re not men. But do not actions speak louder than rds?-have they not made provisions for the

·eeks, and Irish? Nations who have never done

the least thing for them, while we, who have enriched their country with our blood and tears-have dug up gold and silver for them and their children, from generation to generation, and are in more miseries than any other people under heaven, are not seen, but by comparatively, a handful of the American people? ...

I have been for years troubling the pages of his- torians, to find out what our fathers have done to the white Christians of America, to merit such con- dign punishment as they have inflicted on them, and do continue to inflict on us their children. But I must aver, that my researches have hitherto been to no effect. I have therefore, come to the immove- able conclusion, that they (Americans) have, and do continue to punish us for nothing else, but for enriching them and their country. For I cannot conceive of anything else. Nor will I ever believe otherwise, until the Lord shall convince me.

The world knows, that slavery as it existed among the Romans, (which was the primary cause of their destruction) was, comparatively speaking, no more than a cypher, when compared with ours under the Americans. Indeed I should not have noticed the Roman slaves, had not the very learned and penetrating Mr. Jefferson said, "when a master was murdered, all his slaves in the same house, or within hearing, were condemned to death" (in Notes on the State of Virginia "Query XIV".]-Here let me ask Mr. Jefferson, (but he is gone to answer at the bar of God, for the deeds done in his body while living,) I therefore ask the whole American people, had I not rather die, or be put to death, than to be a slave to any tyrant, who takes not only my own, but my wife and children's lives by the inches? Yea, would I meet death with avidity far! far! ! in preference to such servile submission to the mur- derous hands of tyrants ....

* * *

... Every body who has read history, knows, that as soon as a slave among the Romans obtained his freedom, he could rise to the greatest eminence in the State, and there was no law instituted to hin- der a slave from buying his freedom. Have not the Americans instituted laws to hinder us from

246 CHAPTER 9 NATIONALISM AND SECTIONALISM, 1815-1828

obtaining our freedom? Do any deny this charge? Read the laws of Virginia, North Carolina, &c. Fur- ther: have not the Americans instituted laws to prohibit a man of colour from obtaining and hold- ing any office whatever, under the government of the United States of America? Now, Mr. Jefferson tells us, that our condition is not so hard, as the slaves were under the Romans! ! ! ! ! !

It is time for me to bring this article to a close. But before I close it, I must observe to my brethren that at the close of the first Revolution in this country, with Great Britain, there were but thirteen States in the Union, now there are twenty-four, most of which are slave-holding States, and the whites are drag- ging us around in chains and in handcuffs, to their new States and Territories to work their mines and farms, to enrich them and their children-and mil- lions of them believing firmly that we being a little darker than they, were made by our Creator to be an inheritance to them and their children for ever-the same as a parcel of brutes.

Are we MEN! !-I ask you, 0 my brethren! are we MEN? Did our Creator make us to be slaves to dust and ashes like ourselves? Are they not dying worms as well as we? Have they not to make their appearance before the tribunal of Heaven, to answer for the deeds done in the body, as well as we? ...

Article II.

Our Wretchedness in Consequence of Ignorance.

Ignorance and treachery one against the other-a grovelling servile and abject submission to the lash of tyrants, we see plainly, my brethren, are not the natural elements of the blacks, as the Americans try to make us believe; but these are misfortunes which God has suffered our fathers to be enveloped in for many ages, no doubt in conse- quence of their disobedience to their Maker, and which do, indeed, reign at this time among us, almost to the destruction of all other principles: for I must truly say, that ignorance, the mother of

treachery and deceit, gnaws into our very vitals. Ignorance, as it now exists among us , produces a state of things, Oh my Lord! too horrible to present to the world. Any man who is curious to see the full force of ignorance developed among the coloured people of the United States of America, has only to go into the southern and western states of this con- federacy, where, if he is not a tyrant, but has the feelings of a human being, who can feel for a fellow creature, he may see enough to make his very heart bleed! He may see there, a son take his mother, who bore almost the pains of death to give him birth, and by the command of a tyrant, strip her as naked as she came into the world, and apply the cow-hide to her, until she falls a victim to death in the road! He may see a husband take his dear wife, not unfrequently in a pregnant state, and perhaps far advanced, and beat her for an unmerciful wretch, until his infant falls a lifeless lump at her feet! Can the Americans escape God Almighty? If they do, can he be to us a God of Justice? God is just, and I know it-for he has convinced me to my satisfac- tion-I cannot doubt him. My observer may see fathers beating their sons, mothers their daughters, and children their parents, all to pacify the pas- sions of unrelenting tyrants. He may also, see them telling news and lies, making mischief one upon another. These are some of the productions of igno- rance, which he will see practised among my dear brethren, who are held in unjust slavery and wretch- edness, by avaricious and unmerciful tyrants, to whom, and their hellish deeds, I would suffer my life to be taken before I would submit. And when my curious observer comes to take notice of those who are said to be free, (which assertion I deny) and who are making some frivolous pretentions to common sense, he will see that branch of igno- rance among the slaves assuming a more cun- ning and deceitful course of procedure.-He may see some of my brethren in league with tyrants, selling their own brethren into hell upon earth, not dissimilar to the exhibitions in Africa, but in a more secret, servile and abject manner .... My observer may see some of those ignorant and treacherous creatures (coloured people) sneaking about in the large cities, endeavouring to find out all strange

coloured peo reside, asking tain whether t at the same t1 and always w perhaps, that a thousand st information c been and are a adelphia, and league with t) tion of their d, acquire from miserable bret

... Oh! colou ask you, in th have we, in co1 the spirit of m adopted that o you, then, wha all the world, w oppressors, as 1 can, Oh! how and our childre were made by 1 them and thein but say that the] in the country, t of money, and U their avaricious slaves to them Mr. Jefferson bu XIV"], "I advan that the blacks, or made distinc inferior to the ~ body and min4 history, then, Ol the races of anl excuse an effort MAN as distinct hope you will t~ verse-its widest you do or not, n

DA YID WALKER: FROM Appeal to the Coloured Citizens of the World (1829) 247

-ed people, where they work and where they asking them questions, and trying to ascer- ether they are runaways or not, telling them,

-ame time, that they always have been, are, -\·ays will be, friends to their brethren; and,

, that they themselves are absconders, and _Jand such treacherous lies to get the better

ation of the more ignorant! ! ! There have md are at this day in Boston, New-York, Phil-

ia, and Baltimore, coloured men, who are in -~ with tyrants, and who receive a great por-

; their daily bread, of the moneys which they -e from the blood and tears of their more

* * * h! coloured people of these United States, I u, in the name of that God who made us,

~ ·re, in consequence of oppression, nearly lost pirit of man, and, in no very trifling degree,

• ;ed that of brutes? Do you answer, no?-I ask ~en, what set of men can you point me to, in

-e world, who are so abjectly employed by their essors, as we are by our natural enemies? How Oh! how can those enemies but say that we ur children are not of the HUMAN FAMILY, but

e made by our Creator to be an inheritance to and theirs for ever? How can the slaveholders

ay that they can bribe the best coloured person -e country, to sell his brethren for a trifling sum

-:.oney, and take that atrocity to confirm them in :: avaricious opinion, that we were made to be es to them and their children? How could

- 'efferson but say [in Notes on Virginia, "Query -~1, "I advance it therefore as a suspicion only,

he blacks, whether originally a distinct race, ade distinct by time and circumstances, are

rior to the whites in the endowments both of .::.·· and mind?" . . . "Will not a lover of natural

ry, then, one who views the gradations in all • races of animals with the eye of philosophy,

e an effort to keep those in the department of ,_; as distinct as nature has formed them?"-! : e you will try to find out the meaning of this e-its widest sense and all its bearings: whether

~ do or not, remember the whites do. This very

verse, brethren, having emanated from Mr. Jeffer- son, a much greater philosopher the world never afforded, has in truth injured us more, and has been as great a barrier to our emancipation as any thing that has ever been advanced against us. I hope you will not let it pass unnoticed. He goes on further, and says: "This unfortunate difference of colour, and perhaps of faculty, is a powerful obsta- cle to the emancipation of these people. Many of their advocates, while they wish to vindicate the liberty of human nature are anxious also to pre- serve its dignity and beauty. Some of these, embar- rassed by the question, 'What further is to be done with them? ' join themselves in opposition with those who are actuated by sordid avarice only." Now I ask you candidly, my suffering brethren in time, who are candidates for the eternal worlds, how could Mr. Jefferson but have given the world these remarks respecting us, when we are so sub- missive to them, and so much servile deceit prevail among ourselves-when we so meanly submit to their murderous lashes, to which neither the Indi- ans nor any other people under Heaven would sub- mit? No, they would die to a man, before they would suffer such things from men who are no better than themselves, and perhaps not so good. Yes, how can our friends but be embarrassed, as Mr. Jefferson says, by the question, "What further is to be done with these people?" For while they are working for our emancipation, we are, by our treachery, wickedness and deceit, working against ourselves and our children-helping ours, and the enemies of God, to keep us and our dear little chil- dren in their infernal chains of slavery! ! ! Indeed, our friends cannot but relapse and join themselves "with those who are actuated by sordid avarice only ! ! ! !" For my own part, I am glad Mr. Jeffer- son has advanced his positions for your sake; for you will either have to contradict or confirm him by your own actions, and not by what our friends have said or done for us; for those things are other men's labours, and do not satisfy the Americans, who are waiting for us to prove to them ourselves, that we are MEN, before they will be willing to admit the fact; for I pledge you my sacred word of honour, that Mr. Jefferson's remarks respecting us,

248 CHAPTER 9 NATIONALISM AND SECTIONALISM, 1815-1828

have sunk deep into the hearts of millions of the whites, and never will be removed this side of eternity.-For how can they, when we are confirm- ing him every day, by our groveling submissions and treachery? I aver, that when I look over these United States of America, and the world, and see the igno- rant deceptions and consequent wretchedness of my brethren, I am brought oftimes solemnly to a stand, and in the midst of my reflections I exclaim to my God, "Lord didst thou make us to be slaves to our brethren, the whites?'' But when I reflect that God is just, and that millions of my wretched breth- ren would meet death with glory-yea, more, would plunge into the very mouths of cannons and be torn into particles as minute as the atoms which com- pose the elements of the earth, in preference to a mean submission to the lash of tyrants, I am with streaming eyes, compelled to shrink back into noth- ingness before my Maker, and exclaim again, thy will be done, 0 Lord God Almighty.

Men of colour, who are also of sense, for you particularly is my APPEAL designed. Our more ignorant brethren are not able to penetrate its value. I call upon you therefore to cast your eyes upon the wretchedness of your brethren, and to do your utmost to enlighten them-go to work and enlighten your brethren! ...

There is a great work for you to do, as trifling as some of you may think of it. You have to prove to the Americans and the world, that we are MEN, and not brutes, as we have been represented, and by mil- lions treated. Remember, to let the aim of your labours among your brethren, and particularly the youths, be the dissemination of education and reli- gion. It is lamentable, that many of our children go to school, from four until they are eight or ten, and sometimes fifteen years of age, and leave school knowing but a little more about the grammar of their language than a horse does about handling a musket-and not a few of them are really so igno- rant, that they are unable to answer a person cor- rectly, general questions in geography, and to hear them read, would only be to disgust a man who has a taste for reading; which, to do well, as trifling as it may appear to some, (to the ignorant in particular) is

a great part of learning. Some few of them, may make out to scribble tolerably well, over a half sheet of paper, which I believe has hitherto been a power- ful obstacle in our way, to keep us from acquiring knowledge. An ignorant father, who knows no more than what nature has taught him, together with what little he acquires by the senses of hearing and seeing, finding his son able to write a neat hand, sets it down for granted that he has as good learning as any body; the young, ignorant gump, hearing his father or mother, who perhaps may be ten times more igno- rant, in point ofliterature, than himself, extolling his learning, struts about, in the full assurance, that his attainments in literature are sufficient to take him through the world, when, in fact, he has scarcely any learning at all! ! ! !

I promiscuously fell in conversation once, with an elderly coloured man on the topics of edu- cation, and of the great prevalency of ignorance among us: Said he, "I know that our people are very ignorant but my son has a good education: I spent a great deal of money on his education: he can write as well as any white man, and I assure you that no one can fool him," &c. Said I, what else can your son do, besides writing a good hand? Can he post a set of books in a mercantile manner? Can he write a neat piece of composition in prose or in verse? To these interrogations he answered in the negative. Said I, did your son learn, while he was at school, the width and depth of English Gram- mar? To which he also replied in the negative, tell- ing me his son did not learn those things. Your son, said I, then, has hardly any learning at all-he is almost as ignorant, and more so, than many of those who never went to school one day in all their lives. My friend got a little put out, and so walking off, said that his son could write as well as any white man. Most of the coloured people, when they speak of the education of one among us who can write a neat hand, and who perhaps knows noth- ing but to scribble and puff pretty fair on a small scrap of paper, immaterial whether his words are grammatical, or spelt correctly, or not; if it only looks beautiful, they say he has as good an educa- tion as any white man-he can write as well as any

white mat ing, this, r son see I knowledg, who are m an ignorar that the Le and permi seek after on my hat to the feet humblysu1 neither de, my life-fa this countr their sandy

I }

a ii r

p u

si st 1v. d1 te M d,

Fr br

man, &c. The poor, ignorant creature, hear- -.is, he is ashamed, forever after, to let any per- ce him humbling himself to another for

dge but going about trying to deceive those _.:e more ignorant than himself, he at last falls - ~rant victim to death in wretchedness. I pray

e Lord may undeceive my ignorant brethren, :--ermit them to throw away pretensions, and .;..1:er the substance of learning. I would crawl

--- hands and knees through mud and mire, e feet of a learned man, where I would sit and .Y supplicate him to instil into me, that which

-er devils nor tyrants could remove, only with ··e-for coloured people to acquire learning in :ountry, makes tyrants quake and tremble on 5andy foundation.

* * *

FROM McCulloch v. Maryland (1819) 249

REVIEW QUESTIONS

1. How did Walker use religious beliefs and lan- guage to appeal to both oppressed and oppres- sors?

2. How does he compare the present to the past? Was his use of history effective in making his argument?

3. Walker was not only angry with white Ameri- cans who maintained slavery but also with some black Americans. Why?

4. Walker disputes Thomas Jefferson's assumptions about African Americans but he also says, "I am glad Mr. Jefferson has advanced his positions for your sake." Why?

5. Why did Walker speak of learning while pro- claiming for abolition and equality?

FROM McCulloch v. Maryland (1819)

Maryland's legislature passed an act that permitted the state to tax the operations of the Second Bank of the United States as it operated within its borders. An officer of the Baltimore branch, James McCulloch, then went to court to stop such taxation. When the Baltimore County Court decided against him, he appealed to the Court of Appeals of the State of Maryland, and when that court upheld the lower court, he appealed to the Supreme Court. John Marshall, the Chief Justice, delivered the unan- imous ruling of the Court and provided an extensive justification. That the Court ruled for the bank was not surprising: by 1816, when the Second Bank was chartered, most Americans, Jeffersonian Republicans included, had come to accept that incor- poration of the bank was constitutional. By 1819, however, the bank was coming under increasing attack as the people and states struggled with an economic depres- sion. In the midst of this backlash, the question before the Court was that of the con- stitutionality of a state tax on a properly incorporated national institution. But Marshall did not focus on that alone; he went back to the whole issue of how to determine constitutionality. In effect, the decision itself was not as important-in terms of historical legal precedents-as how the decision was reached. McCulloch v. Maryland thus became much more than the case about the bank; it became a fun- damental, nationalistic defense of a broad construction of the Constitution.

From McCulloch v. Maryland, 17 U.S. 316 (1819). [Editorial insertions appear in square brackets-Ed.]

250 CH APTER 9 NATIO NALI SM AND SECTIONALISM, 1815- 1828

Mr. ChiefJustice MARSHALL delivered the opinion of the Court.

* * * The first question made in the cause is, has Con- gress power to incorporate a bank?

It has been truly said, that this can scarcely be considered as an open question, entirely unpreju- diced by the former proceedings of the nation respecting it. The principle now contested was introduced at a very early period of our history, has been recognized by many successive legisla- tures, and has been acted upon by the judicial department, in cases of peculiar delicacy, as a law of undoubted obligation.

* * *

The power now contested was exercised by the first Congress elected under the present constitu- tion. The bill for incorporating the bank of the United States did not steal upon an unsuspect- ing legislature, and pass unobserved. Its princi- ple was completely understood, and was opposed with equal zeal and ability. After being resisted, first in the fair and open field of debate, and afterwards in the executive cabinet, with as much persevering talent as any measure has ever expe- rienced, and being supported by arguments which convinced minds as pure and as intelligent as this country can boast, it became a law. The original act was permitted to expire; but a short experi- ence of the embarrassments to which the refusal to revive it exposed the government, convinced those who were most prejudiced against the mea- sure of its necessity, and induced the passage of the present law. It would require no ordinary share of intrepidity to assert that a measure adopted under these circumstances was a bold and plain usurpation, to which the constitution gave no countenance.

* * *

In discussing this question, the counsel for the State of Maryland have deemed it of some impor- tance, in the construction of the constitution, to consider that instrument not as emanating from

the people, but as the act of sovereign and indepen- dent States. The powers of the general government, it has been said, are delegated by the States, who alone are truly sovereign; and must be exercised in subordination to the States, who alone possess supreme dominion.

It would be difficult to sustain this proposition. The Convention which framed the constitution was indeed elected by the State legislatures. But the instrument, when it came from their hands, was a mere proposal, without obligation, or pretensions to it. It was reported to the then existing Congress of the United States, with a request that it might "be submitted to a Convention of Delegates, chosen in each State by the people thereof, under the recom- mendation of its Legislature, for their assent and ratification." This mode of proceeding was adopted; and by the Convention, by Congress, and by the State Legislatures, the instrument was submitted to the people. They acted upon it . . . by assembling in Convention . . ..

From these Conventions the constitution derives its whole authority. The government pro- ceeds directly from the people; . .. It required not the affi.rmance, and could not be negatived, by the State governments. The constitution, when thus adopted, was of complete obligation, and bound the State sovereignties.

* * * This government is acknowledged by all to be one of enumerated powers. The principle, that it can exercise only the powers granted to it, would seem too apparent to have required to be enforced by all those arguments which its enlight- ened friends ... found it necessary to urge. That principle is now universally admitted. But the question respecting the extent of the powers actu- ally granted, is perpetually arising, and will prob- ably continue to arise, as long as our system shall exist.

In discussing these questions, the conflicting powers of the general and State governments must be brought into view, and the supremacy of their respective laws, when they are in opposition, must be settled.

of action. its nature. It delegated b) But this qu people have. "this consti which shall

The gm though lillll laws, when form the su_ constitutio notwithstan

Among that of esta tion. But t which, like incidental that every minutely d therefore, r_ should be nated, and those objec objects the by the fra m only to be i ment, but fr of the limi the 1st ar degree, wa any restric ing a fair this quest io:-- a constitu ti

Althoug governmen- "incorpora

; any one proposition could command the uni- assent of mankind, we might expect it would

- ·- - that the government of the Union, though ed in its powers, is supreme within its sphere ··on. This would seem to result necessarily from .rure. It is the government of all; its powers are

=.lted by all; it represents all, and acts for all. ... is question is not left to mere reason: the

e have, in express terms, decided it, by saying, -onstitution, and the laws of the United States, shall be made in pursuance thereof," "shall be

~preme law of the land," and by requiring that "'.}embers of the State legislatures, and the officers -e executive and judicial departments of the ·, shall take the oath of fidelity to it.

e government of the United States, then, _gh limited in its powers, is supreme; and its

when made in pursuance of the constitution, he supreme law of the land, "any thing in the

-itution or laws of any State to the contrary ·---:.thstanding." !Jnong the enumerated powers, we do not find of establishing a bank or creating a corpora-

But there is no phrase in the instrument .:n, like the articles of confederation, excludes "ental or implied powers; and which requires every thing granted shall be expressly and

-..;tely described .... [A constitution's] nature, ·efore, requires, that only its great outlines .Jd be marked, its important objects desig-

' and the minor ingredients which compose e objects be deduced from the nature of the .:ts themselves. That this idea was entertained _e framers of the American constitution, is not

to be inferred from the nature of the instru- ·, but from the language. Why else were some e limitations, found in the ninth section of J.st article, introduced? It is also, in some

_-:ee, warranted by their having omitted to use restrictive term which might prevent its receiv-

- a fair and just interpretation. In considering question, then, we must never forget, that it is stitution we are expounding.

.-Uthough, among the enumerated powers of rnment, we do not find the word "bank" or

-orporation," we find the great powers to lay and

FROM McCulloch v. Maryland (1819) 251

collect taxes; to borrow money; to regulate com- merce; to declare and conduct a war; and to raise and support armies and navies. The sword and the purse, all the external relations, and no inconsider- able portion of the industry of the nation, are entrusted to its government. ... [A] government, entrusted with such ample powers, on the due exe- cution of which the happiness and prosperity of the nation so vitally depends, must also be entrusted with ample means for their execution .... Can we adopt that construction (unless the words imperi- ously require it), which would impute to the framers of that instrument ... the intention of impeding their exercise by withholding a choice of means? If, indeed, such be the mandate of the constitution, we have only to obey; but that instru- ment does not profess to enumerate the means by which the powers it confers may be executed; nor does it prohibit the creation of a corporation, if the existence of such a being be essential to the beneficial exercise of those powers. It is, then, the subject of fair inquiry, how far such means may be employed.

" " " The government which has a right to do an act, and has imposed on it the duty of performing that act, must, according to the dictates of reason, be allowed to select the means; and those who con- tend that it may not select any appropriate means, that one particular mode of effecting the object is excepted, take upon themselves the burden of establishing that exception.

The creation of a corporation, it is said, apper- tains to sovereignty. This is admitted. But to what portion of sovereignty does it appertain? Does it belong to one more than to another? In America, the powers of sovereignty are divided between the government of the Union, and those of the States. They are each sovereign, with respect to the objects committed to it, and neither sovereign with respect to the objects committed to the other. ... The power of creating a corporation, though appertain- ing to sovereignty, is not, like the power of making war, or levying taxes, or of regulating commerce, a great substantive and independent power, which

252 CHAPTER 9 NATIONALISM AND SECTIONALISM, 1815-1828

cannot be implied as incidental to other powers, or used as a means of executing them. It is never the end for which other powers are exercised, but a means by which other objects are accomplished .... The power of creating a corporation is never used for its own sake, but for the purpose of effecting something else. No sufficient reason is, therefore, perceived, why it may not pass as incidental to those powers which are expressly given, if it be a direct mode of executing them.

But the constitution of the United States has not left the right of Congress to employ the necessary means, for the execution of the powers conferred on the government, to general reasoning. To its enumeration of powers is added that of making "all laws which shall be necessary and proper, for carry- ing into execution the foregoing powers, and all other powers vested by this constitution, in the government of the United States, or in any depart- ment thereof."

The counsel for the State of Maryland have urged various arguments, to prove that this clause, though in terms a grant of power, is not so in effect; but is really restrictive of the general right, which might otherwise be implied, of selecting means for executing the enumerated powers.

* * * But the argument on which most reliance is placed, is drawn from the peculiar language of this clause. Congress is not empowered by it to make all laws, which may have relation to the powers con- ferred on the government, but such only as may be "necessary and proper" for carrying them into exe- cution. The word "necessary," is considered as con- trolling the whole sentence, and as limiting the right to pass laws for the execution of the granted powers, to such as are indispensable, and without which the power would be nugatory. That it excludes the choice of means, and leaves to Con- gress, in each case, that only which is most direct and simple.

Is it true, that this is the sense in which the word "necessary" is always used? . .. We think it does not ... we find that it frequently imports no more than that one thing is convenient, or useful, or

essential to another. To employ the means necessary to an end, is generally understood as employing any means calculated to produce the end, and not as being confined to those single means, without which the end would be entirely unattainable. Such is the character of human language, that no word con- veys to the mind, in all situations, one single defi- nite idea; and nothing is more common than to use words in a figurative sense . . . . It is essential to just construction, that many words which import something excessive, should be understood in a more mitigated sense-in that sense which com- mon usage justifies. The word "necessary" is of this description . . .. It admits of all degrees of compari- son; and is often connected with other words, which increase or diminish the impression the mind receives of the urgency it imports. A thing may be necessary, very necessary, absolutely or indispensably necessary. To no mind would the same idea be conveyed, by these several phrases .... This word, then, like others, is used in various senses; and, in its construction, the subject, the context, the intention of the person using them, are all to be taken into view.

Let this be done in the case under consider- ation. The subject is the execution of those great powers on which the welfare of a nation essentially depends. It must have been the intention of those who gave these powers, to insure, as far as human prudence could insure, their beneficial execution. This could not be done by confining the choice of means to such narrow limits as not to leave it in the power of Congress to adopt any which might be appropriate, and which were conducive to the end. This provision is made in a constitution intended to endure for ages to come, and, consequently, to be adapted to the various crises of human affairs. To have prescribed the means by which government should, in all future time, execute its powers, would have been to change, entirely, the character of the instrument. . ..

* * * The result of the most careful and attentive consid- eration bestowed upon this clause is, that if it does not enlarge, it cannot be construed to restrain the

powers of Cong!" legislature to e,:-• selection of me constitutional p

We admit, a:. the government not to be tran construction of - national legislat the means by w carried into exe to perform the manner most be be legitimate, le stitution, and which are plain not prohibited, of the constituti,

If a corporation with other mea ers of the gover assigned for exc for its fiscal ope the discretion mode of execur it is a convenien in the prosec not now a subje

But, were it deny its being a the degree of it observed, is to Congress, in measures whic or should Cong its powers, pa objects not ent become the pai case requiring that such an a where the law i lated to effect government, t the degree of it

-s of Congress, or to impair the right of the _:ure to exercise its best judgment in the

n of measures to carry into execution the :.utional powers of the government .... e admit, as all must admit, that the powers of

_ --ernment are limited, and that its limits are be transcended. But we think the sound

-uction of the constitution must allow to the -:al legislature that discretion, with respect to ~ns by which the powers it confers are to be

~.:i into execution, which will enable that body ~form the high duties assigned to it, in the

-er most beneficial to the people. Let the end =-timate, let it be within the scope of the con-

n, and all means which are appropriate, - are plainly adapted to that end, which are

~-nhibited, but consist with the letter and spirit ,; constitution, are constitutional.

* * * rporation may be employed indiscriminately ther means to carry into execution the pow-

:· the government, no particular reason can be

7 ""ed for excluding the use of a bank, if required -, fiscal operations. To use one, must be within -1scretion of Congress, if it be an appropriate e of executing the powers of government. That _ convenient, a useful, and essential instrument 1e prosecution of its fiscal operations, is

"OW a subject of controversy .... ut, were its necessity less apparent, none can its being an appropriate measure; and if it is,

.1egree of its necessity, as has been very justly ~rved, is to be discussed in another place. Should -gress, in the execution of its powers, adopt _sures which are prohibited by the constitution; -:.ould Congress, under the pretext of executing :-.owers, pass laws for the accomplishment of <ts not entrusted to the government; it would

me the painful duty of this tribunal, should a .. requiring such a decision come before it, to say · such an act was not the law of the land. But :.-e the law is not prohibited, and is really calcu-

.:. to effect any of the objects entrusted to the ernment, to undertake here to inquire into degree of its necessity, would be to pass the line

FROM McCulloch v. Maryland (1819) 253

which circumscribes the judicial department, and to tread on legislative ground. This court disclaims all pretensions to such a power.

* * * After the most deliberate consideration, it is the unanimous and decided opinion of this Court, that the act to incorporate the Bank of the United States is a law made in pursuance of the constitution, and is a part of the supreme law of the land.

* * *

It being the opinion of the Court, that the act incor- porating the bank is constitutional; and that the power of establishing a branch in the State of Mary- land might be properly exercised by the bank itself, we proceed to inquire-

... Whether the State of Maryland may, with- out violating the constitution, tax that branch?

That the power of taxation is one of vital impor- tance; that it is retained by the States; that it is not abridged by the grant of a similar power to the gov- ernment of the Union; that it is to be concurrently exercised by the two governments: are truths which have never been denied. But, such is the paramount character of the constitution, that its capacity to withdraw any subject from the action of even this power, is admitted. The States are expressly forbid- den to lay any duties on imports or exports, except what may be absolutely necessary for executing their inspection laws. If the obligation of this prohi- bition must be conceded-if it may restrain a State from the exercise of its taxing power on imports and exports; the same paramount character would seem to restrain, as it certainly may restrain, a State from such other exercise of this power, as is in its nature incompatible with, and repugnant to, the constitu- tional laws of the Union ....

On this ground the counsel for the bank place its claim to be exempted from the power of a State to tax its operations. There is no express provision for the case, but the claim has been sustained on a principle which so entirely per- vades the constitution, is so intermixed with the materials which compose it, so interwoven with its web, so blended with its texture, as to be incapable

254 CHAPTER 9 NATIONALISM AND SECTIONALISM, 1815-1828

of being separated from it, without rending it into shreds.

This great principle is, that the constitution and the laws made in pursuance thereof are supreme; that they control the constitution and laws of the respective States, and cannot be controlled by them. From this, which may be almost termed an axiom, other propositions are deduced as corollaries, ... These are, 1st. that a power to create implies a power to preserve. 2nd. That a power to destroy, if wielded by a different hand, is hostile to, and incompatible with these powers to create and to preserve. 3d. That where this repugnancy exists, that authority which is supreme must control, not yield to that over which it is supreme.

* ,.

* That the power of taxing [the bank] by the States may be exercised so as to destroy it, is too obvious to be denied. But taxation is said to be an absolute power, which acknowledges no other limits than those expressly prescribed in the constitution, and like sovereign power of every other description, is trusted to the discretion of those who use it. But the very terms of this argument admit that the sover- eignty of the State, in the article of taxation itself, is subordinate to, and may be controlled by the con- stitution of the United States .... It is of the very essence of supremacy to remove all obstacles to its action within its own sphere, and so to modify every power vested in subordinate governments, as to exempt its own operations from their own influ- ence. This effect need not be stated in terms. It is so involved in the declaration of supremacy, so neces- sarily implied in it, that the expression of it could not make it more certain. We must, therefore, keep it in view while construing the constitution.

The argument on the part of the State of Mary- land, is, not that the States may directly resist a law of Congress, but that they may exercise their acknowledged powers upon it, and that the consti- tution leaves them this right in the confidence that they will not abuse it.

* * *

The sovereignty of a State extends to every thing which exists by its own authority, or is introduced by its permission; but does it extend to those means which are employed by Congress to carry into exe- cution powers conferred on that body by the people of the United States? We think it demonstrable that it does not. Those powers are not given by the people of a single State. They are given by the people of the United States, to a government whose laws, made in pursuance of the constitution, are declared to be supreme. Consequently, the people of a single State cannot confer a sovereignty which will extend over them.

* * *

If we apply the principle for which the State of Maryland contends, to the constitution generally, we shall find it capable of changing totally the char- acter of that instrument. We shall find it capable of arresting all the measures of the government, and of prostrating it at the foot of the States. The American people have declared their constitution, and the laws made in pursuance thereof, to be supreme; but this principle would transfer the supremacy, in fact, to the States.

If the States may tax one instrument, employed by the government in the execution of its powers, they may tax any and every other instrument. They may tax the mail; they may tax the mint; they may tax patent rights; they may tax the papers of the custom-house; they may tax judicial process; they may tax all the means employed by the govern- ment, to an excess which would defeat all the ends of government. This was not intended by the Ameri- can people. They did not design to make their gov- ernment dependent on the States.

* * * It has also been insisted, that, as the power of taxation in the general and State governments is acknowledged to be concurrent, every argument which would sustain the right of the general gov- ernment to tax banks chartered by the States, will equally sustain the right of the States to tax banks chartered by the general government.

But the h~ The people of era! governm general power States, and the Congress, and. power. When -~ the States, th taxes must be _ operations oft acts upon in constituents, no control. It

difference is must exist, be part, and the a the laws of a and those of a <C

The Court ha deliberate cons that the States

The.

JAMES MONROE: FROM THE Monroe Doctrine (1823) 255

· the two cases are not on the same reason. -~~ple of all the States have created the gen- - •:ernment, and have conferred upon it the

power of taxation. The people of all the and the States themselves, are represented in

-ess, and, by their representatives, exercise this When they tax the chartered institutions of

·-tes, they tax their constituents; and these ust be uniform. But, when a State taxes the

-.-ns of the government of the United States, it -, .. on institutions created, not by their own :uents, but by people over whom they claim Gtrol. It acts upon the measures of a govern- .:reated by others as well as themselves, for the

-~ of others in common with themselves. The mce is that which always exists, and always exist, between the action of the whole on a

.:.11d the action of a part on the whole-between ,:s of a government declared to be supreme,

se of a government which, when in opposi- those laws, is not supreme.

* * * ourt has bestowed on this subject its most

-~rate consideration. The result is a conviction ·-e States have no power, by taxation or other-

wise, to retard, impede, burden, or in any manner control, the operations of the constitutional laws enacted by Congress to carry into execution the powers vested in the general government. This is, we think, the unavoidable consequence of that suprem- acy which the constitution has declared.

We are unanimously of opinion, that the law passed by the legislature of Maryland, imposing a tax on the Bank of the United States, is unconstitu- tional and void.

* * *

REVIEW QUESTIONS

1. What was Maryland's argument against the Second Bank of the United States?

2. What historical and legal precedents did Mar- shall, speaking for his court, use to refute that argument?

3. How did Marshall interpret the Constitution so as to bind the states to the general government?

4. Why did Marshall believe that most of the Constitution's framers intended that its provi- sions be loosely rather than strictly construed?

JAMES MONROE

FROM THE Monroe Doctrine (1823)

The Monroe administration had to deal with increasingly complex foreign and domestic relations. In foreign affairs, however, it was particularly successful due to the diplomatic abilities of both president and secretary of state. Both James Monroe and John Quincy Adams were intent on securing the expanded borders of the United States and preserving the trade connections that were essential to economic growth. To accomplish these aims, they had to counter a number of challenges: the insurrec- tions in colonial Spanish America that ended in newly independent Latin American countries desiring recognition from the United States; the possibility of European intervention in Latin America so as to gain or regain economic and territorial control; and the European, specifically Russian and British, claims to territory in

256 CHAPTER 9 NATIONALISM AND SECTIONALISM, 1815-1828

North America. Adams opposed recognition of the new Latin American nations because he feared such an act could lead to direct involvement in their conflicts. He wished them well, but he did not want the United States to fight their battles. Mon- roe, however, wanted to extend recognition to show support for such independence and democratic movements and, more important, to forge beneficial economic ties. The two worked through their differences to produce a set of principles that eventu- ally had a great impact on the definition and implementation of American foreign policy. Monroe presented the principles in his annual message to Congress in Decem- ber 1823, which explains why they came to be known as the Monroe Doctrine, but they were primarily the creation of Adams.

From James D. Richardson, comp., A Compilation of the Messages and Papers of the Presi- dents, 1789-1902, vol. II (Washington, DC: Bureau of National Literature and Art, 1904), pp. 207-20.

Seventh Annual Message

WASHINGTON, December 2, 1823 Fellow-Citizens of the Senate and House of Representatives:

Many important subjects will claim your atten- tion during the present session, of which I shall endeavor to give, in aid of your deliberations, a just idea in this communication. I undertake this duty with diffidence, from the vast extent of the interests on which I have to treat and of their great impor- tance to every portion of our Union. I enter on it with zeal from a thorough conviction that there never was a period since the establishment of our Revolution when, regarding the condition of the civilized world and its bearing on us, there was greater necessity for devotion in the public servants to their respective duties, or for virtue, patriotism, and union in our constituents.

Meeting in you a new Congress, I deem it proper to present this view of public affairs in greater detail than might otherwise be necessary. I do it, however, with peculiar satisfaction, from a knowledge that in this respect I shall comply more fully with the sound principles of our Government. The people being with us exclusively the sovereign, it is indis- pensable that full information be laid before them on all important subjects, to enable them to exer- cise that high power with complete effect. If kept in the dark, they must be incompetent to it. ... Their

interests in all vital questions are the same, and the bond, by sentiment as well as by interest, will be proportionably strengthened as they are better informed of the real state of public affairs, espe- cially in difficult conjunctures. It is by such knowl- edge that local prejudices and jealousies are surmounted, and that a national policy, extending its fostering care and protection to all the great interests of our Union, is formed and steadily adhered to .

A precise knowledge of our relations with foreign powers as respects our negotiations and transactions with each is thought to be particu- larly necessary. Equally necessary is it that we should form a just estimate of our resources, reve- nue, and progress in every kind of improvement connected with the national prosperity and public defense. It is by rendering justice to other nations that we may expect it from them. It is by our abil- ity to resent injuries and redress wrongs that we may avoid them.

The commissioners under the fifth article of the treaty of Ghent, having disagreed in their opinions respecting that portion of the boundary between the Territories of the United States and of Great Britain the establishment of which had been sub- mitted to them, have made their respective reports in compliance with that article, that the same might be referred to the decision of a friendly power. It being manifest, however, that it would be difficult, if

not im office to itse ment, endea negoti~ no sati comm and th islatiY course other, ernme has be of the

ernme this fr value friend cultiva ment. given mayte for as

JAM ES MONROE: rnoM THE Monroe Doctrine (1823) 257

possible, for any power to perform that ,·ithout great delay and much inconvenience •, a proposal has been made by this Govern- and acceded to by that of Great Britain, to ·or to establish that boundary by amicable

· ·tion. It appearing from long experience that ··-factory arrangement could be formed of the

-ercial intercourse between the United States -e British colonies in this hemisphere by leg- e acts while each party pursued its own e without agreement or concert with the a proposal has been made to the British Gov-

-ent to regulate this commerce by treaty, as it - -en to arrange in like manner the just claim · e citizens of the United States inhabiting the -"' and Territories bordering on the lakes and

which empty into the St. Lawrence to the _at ion of that river to the ocean. For these and : objects of high importance to the interests of

- parties a negotiation has been opened with -ritish Government which it is hoped will have ·· ·factory result.

* * * ie proposal of the Russian Imperial Govern- ·, made through the minister of the Emperor

..:ing here, a full power and instructions have transmitted to the minister of the United

""S at St. Petersburg to arrange by amicable - ~tiation the respective rights and interests of

~-·:o nations on the northwest coast of this con- ;:;.t. A similar proposal had been made by His

:-erial Majesty to the Government of Great Brit- " 'hich has likewise been acceded to. The Gov-

=:ient of the United States has been desirous by friendly proceeding of manifesting the great

~e which they have invariably attached to the ~adship of the Emperor and their solicitude to ·".·ate the best understanding with his Govern-

~~t. In the discussions to which this interest has c"n rise and in the arrangements by which they - terminate the occasion has been judged proper

- asserting, as a principle in which the rights and ·a-ests of the United States are involved, that the

.=:erican continents, by the free and indepen- -, condition which they have assumed and

maintain, are henceforth not to be considered as subjects for future colonization by any European powers.

* * * In compliance with a resolution of the House of Rep- resentatives adopted at their last session, instructions have been given to all the ministers of the United States accredited to the powers of Europe and Ame- rica to propose the proscription of the African slave trade by classing it under the denomination, and inflicting on its perpetrators the punishment, of piracy. Should this proposal be acceded to, it is not doubted that this odious and criminal practice will be promptly and entirely suppressed. It is earnestly hoped that it will be acceded to, from the firm belief that it is the most effectual expedient that can be adopted for the purpose.

At the commencement of the recent war between France and Spain it was declared by the French Government that it would grant no com- missions to privateers, and that neither the com- merce of Spain herself nor of neutral nations should be molested by the naval force of France, except in the breach of a lawful blockade. This declaration, which appears to have been faithfully carried into effect, concurring with principles proclaimed and cherished by the United States from the first estab- lishment of their independence, suggested the hope that the time had arrived when the proposal for adopting it as a permanent and invariable rule in all future maritime wars might meet the favor- able consideration of the great European powers. Instructions have accordingly been given to our ministers with France, Russia, and Great Britain to make those proposals to their respective Gov- ernments, and when the friends of humanity reflect on the essential amelioration to the condition of the human race which would result from the aboli- tion of private war on the sea and on the great facility by which it might be accomplished, requir- ing only the consent of a few sovereigns, an earnest hope is indulged that these overtures will meet with an attention animated by the spirit in which they were made, and that they will ultimately be successful.

258 CHAPTER 9 NATIONALISM AND SECTIONALISM, 1815-1828

* * * The state of the Army in its organization and disci- pline has been gradually improving for several years, and has now attained a high degree of per- fection. The military disbursements have been regu- larly made and the accounts regularly and promptly rendered for settlement. The supplies of various descriptions have been of good quality, and regu- larly issued at all of the posts. A system of economy and accountability has been introduced into every branch of the service which admits of little addi- tional improvement. This desirable state has been attained by the act reorganizing the staff of the Army, passed on the 14th of April, 1818.

* * *

I transmit a return of the militia of the several States according to the last reports which have been made by the proper officers in each to the Depart- ment of War. By reference to this return it will be seen that it is not complete, although great exer- tions have been made to make it so. As the defense and even the liberties of the country must depend in times of imminent danger on the militia, it is of the highest importance that it be well organized, armed, and disciplined throughout the Union ....

* * *

The usual orders have been given to all our public ships to seize American vessels engaged in the slave trade and bring them in for adjudication, and I have the gratification to state that not one so employed has been discovered, and there is good reason to believe that our flag is now seldom, if at all, disgraced by that traffic.

It is a source of great satisfaction that we are always enabled to recur to the conduct of our Navy with pride and commendation. As a means of national defense it enjoys the public confidence, and is steadily assuming additional importance. It is submitted whether a more efficient and equally economical organization of it might not in several respects be effected. It is supposed that higher grades than now exist by law would be useful. They would afford well-merited rewards to those who have long and faithfully served their country, pre-

sent the best incentives to good conduct, and the best means of insuring a proper discipline; destroy the inequality in that respect between military and naval services, and relieve our officers from many inconveniences and mortifications which occur when our vessels meet those of other nations, ours being the only service in which such grades do not exist.

* * *

Having communicated my views to Congress at the commencement of the last session respecting the encouragement which ought to be given to our manufactures and the principle on which it should be founded, I have only to add that those views remain unchanged, and that the present state of those countries with which we have the most immediate political relations and greatest commer- cial intercourse tends to confirm them. Under this impression I recommend a review of the tariff for the purpose of affording such additional protec- tion to those articles which we are prepared to manufacture, or which are more immediately con- nected with the defense and independence of the country.

* * *

The sum which was appropriated at the last session for the repairs of the Cumberland road has been applied with good effect to that object. ...

Many patriotic and enlightened citizens who have made the subject an object of particular inves- tigation have suggested an improvement of still greater importance. They are of opinion that the waters of the Chesapeake and Ohio may be con- nected together by one continued canal, and at an expense far short of the value and importance of the object to be obtained. If this could be accom- plished it is impossible to calculate the beneficial consequences which would result from it. A great portion of the produce of the very fertile country through which it would pass would find a market through that channel. Troops might be moved with great facility in war, with cannon and every kind of munition, and in either direction. Connecting the Atlantic with the Western country in a line pass-

ing throu1 it would , bond of u gress poss such a nat to the Stat I submit i not be ac appropriat ber of the examine ti season and likewise be the several Ohio may Lake Erie.

As the repairs, anc ent to recm the Constit United Stat1 tern of inter your consid ent to auth arrangemen the road pa limits, for tr future repai penalties for

It was stated sion that a g and Portugal of those COUI ducted with scarcely be re very differenl events in th, we have so rr derive our ori interested sp1 States cherish of the liberty ; that side of tr pean powers 1

e the benefi-

e moved " - every kind

onnecting t:- m a line pa_

JAMES MONROE: FROM THE Monroe Doctrine (1823) 259

rough the seat of the National Government, .:id contribute essentially to strengthen the

; union itself. Believing as I do that Con- 0_ssess the right to appropriate money for ~ national object (the jurisdiction remaining States through which the canal would pass),

-=it it to your consideration whether it may advisable to authorize by an adequate

;::-riation the employment of a suitable num- : the officers of the Corps of Engineers to :ie the unexplored ground during the next

:: and to report their opinion thereon. It will se be proper to extend their examination to

· -·eral routes through which the waters of the may be connected by canals with those of

~rie. - - the Cumberland road will require annual

'"S , and Congress have not thought it expedi- recommend to the States an amendment to nstitution for the purpose of vesting in the

-~ States a power to adopt and execute a sys- :· internal improvement, it is also submitted to

- .:onsideration whether it may not be expedi- authorize the Executive to enter into an

:--.gement with the several States through which - ~ad passes to establish tolls, each within its · . for the purpose of defraying the expense of ~e repairs and of providing also by suitable 'ties for its protection against future injuries.

* * * stated at the commencement of the last ses-

:hat a great effort was then making in Spain Portugal to improve the condition of the people

e countries, and that it appeared to be con- :ed with extraordinary moderation. It need -.:ely be remarked that the result has been so far

different from what was then anticipated. Of -:rs in that quarter of the globe, with which -.ave so much intercourse and from which we ·e our origin, we have always been anxious and

c:rested spectators. The citizens of the United ·es cherish sentiments the most friendly in favor ,.e liberty and happiness of their fellow-men on · -ide of the Atlantic. In the wars of the Euro- ., powers in matters relating to themselves we

have never taken any part, nor does it comport with our policy so to do. It is only when our rights are invaded or seriously menaced that we resent inju- ries or make preparation for our defense. With the movements in this hemisphere we are of neces- sity more immediately connected, and by causes which must be obvious to all enlightened and impar- tial observers. The political system of the allied powers is essentially different in this respect from that of America. This difference proceeds from that which exists in their respective Governments; and to the defense of our own, which has been achieved by the loss of so much blood and treasure, and matured by the wisdom of their most enlight- ened citizens, and under which we have enjoyed unexampled felicity, this whole nation is devoted. We owe it, therefore, to candor and to the amica- ble relations existing between the United States and those powers to declare that we should con- sider any attempt on their part to extend their sys- tem to any portion of this hemisphere as dangerous to our peace and safety. With the existing colonies or dependencies of any European power we have not interfered and shall not interfere. But with the Governments who have declared their indepen- dence and maintained it, and whose independence we have, on great consideration and on just principles, acknowledged, we could not view any interposition for the purpose of oppressing them, or controlling in any other manner their destiny, by any European power in any other light than as the manifestation of an unfriendly disposition toward the United States. In the war between those new Governments and Spain we declared our neutrality at the time of their recognition, and to this we have adhered, and shall continue to adhere, provided no change shall occur which, in the judgment of the competent authorities of this Government, shall make a corre- sponding change on the part of the United States indispensable to their security.

The late events in Spain and Portugal shew that Europe is still unsettled. Of this important fact no stronger proof can be adduced than that the allied powers should have thought it proper, on any princi- ple satisfactory to themselves, to have interposed by force in the internal concerns of Spain. To what

260 CHAPTER 9 NATIONALISM AND SECTIONALISM, 1815-1828

extent such interposition may be carried, on the same principle, is a question in which all inde- pendent powers whose governments differ from theirs are interested, even those most remote, and surely none more so than the United States. Our policy in regard to Europe, which was adopted at an early stage of the wars which have so long agi- tated that quarter of the globe, nevertheless remains the same, which is, not to interfere in the internal concerns of any of its powers; to consider the gov- ernment de facto as the legitimate government for us; to cultivate friendly relations with it, and to pre- serve those relations by a frank, firm, and manly policy, meeting in all instances the just claims of every power, submitting to injuries from none. But in regard to those continents circumstances are eminently and conspicuously different. It is impossible that the allied powers should extend their political system to any portion of either continent without endangering our peace and happiness; nor can anyone believe that our south- ern brethren, if left to themselves , would adopt it of their own accord. It is equally impossible, therefore, that we should behold such interposi- tion in any form with indifference. If we look to the comparative strength and resources of Spain and those new Governments, and their distance from each other, it must be obvious that she can never subdue them. It is still the true policy of the United States to leave the parties to themselves, in the hope that other powers will pursue the same course.

If we compare the present condition of our Union with its actual state at the close of our Revo- lution, the history of the world furnishes no exam- ple of a progress in improvement in all the important circumstances which constitute the hap- piness of a nation which bears any resemblance to it. At the first epoch our population did not exceed 3,000,000. By the last census it amounted to about 10,000,000, and, what is more extraordinary, it is almost altogether native, for the immigration from other countries has been inconsiderable. At the first epoch half the territory within our acknowledged limits was uninhabited and a wilderness. Since then new territory has been acquired of vast extent,

comprising within it many rivers, particularly the Mississippi, the navigation of which to the ocean was of the highest importance to the original States. Over this territory our population has expanded in every direction, and new States have been estab- lished almost equal in number to those which formed the first bond of our Union. This expansion of our population and accession of new States to our Union have had the happiest effect on all its highest interests. That it has eminently augmented our resources and added to our strength and respectability as a power is admitted by all. But it is not in these important circumstances only that this happy effect is felt. It is manifest that by enlarging the basis of our system and increasing the num- ber of States the system itself has been greatly strengthened in both its branches. Consolidation and disunion have thereby been rendered equally impracticable. Each Government, confiding in its own strength, has less to apprehend from the other, and in consequence each, enjoying a greater free- dom of action, is rendered more efficient for all the purposes for which it was instituted. It is unneces- sary to treat here of the vast improvement made in the system itself by the adoption of this Consti- tution and of its happy effect in elevating the char- acter and in protecting the rights of the nation as well as of individuals. To what, then, do we owe these blessings? It is known to all that we derive them from the excellence of our institutions. Ought we not, then, to adopt every measure which may be necessary to perpetuate them?

REVIEW QUESTIONS

1. How is Monroe's message both a plea and a pro- gram for national integrity?

2. What foreign policy principles does he present that succeeding generations have lumped together as the Monroe Doctrine?

3. How does he justify these principles? How does he propose to enforce them?

4. What are some of the other foreign and domes- tic issues that he deemed important?

Pres num tial Clay bran cons Seer, and race, espe

"On edite

To F

I received, ter of the 14h in I do not place le you have nothin to my prospect allude I assure y, calmness, and w acquiesce chearf1 may make. It w, institutions to s happiness, mate that shall take Virginia cannot

apathy which yo tion. Judging as the Enquirer [R1

Virginia prints I

261

HENRY CLAY

On the Election, the Court,

and Improvements (1823)

President James Monroe may have been elected without opposition in 1820, but a number of individuals immediately began planning and politicking for the presiden- tial election of 1824. One of those was Congressman Henry Clay from Kentucky. Clay was speaker of the house in 1823, but he wanted to move into the executive branch. He thought that he had a solid shot at the presidency when the competition consisted of John Quincy Adams, Secretary of the Treasury William Crawford, and Secretary of War John C. Calhoun. Then General Andrew Jackson entered the fray and changed the dynamics of the contest. Even before Jackson officially entered the race, Clay realized that his interpretation of the Constitution and national power, especially in his advocacy of certain programs, might alienate some voters.

"On the Election, the Court, and Improvements," in The Papers of Henry Clay, Volume 3, edited by James F. Hopkins. [Editorial insertions appear in square brackets-Ed.]

To Francis T. Brooke

Lexington 28h. August 1823. -i:eceived, my dear Sir, your very obliging let- •he 14h instant, and I pray you to believe that

t place less value on your friendship because ::a,·e nothing to communicate "more favorable

· prospects." On the subject to which you I assure you most sincerely, I look with great

:i.ess, and with a most perfect determination to esce chearfully in whatever choice the Nation :nake. It would be a poor compliment to our

tions to say that their solidity, or the public ness, materially depended upon any selection · hall take place. I really think however that

_.nia cannot justify herself to the Union for the · which you say prevails there on the ques-

·udging as I have done, at this distance, from Enquirer [Richmond newspaper] and other

=.nia prints I had supposed that great interest

was felt and generally taken in its decision; and that there was even danger of her oversteping the line of cautious circumspection which her leading politicians were understood to have marked out for her.

This indifference, you say, arises from the absence of any pledge that the great interests of the people of Virginia will be taken care of by any of the competitors for the Chief Magistracy. If indeed no such pledge is to be found in the principles, integrity & character, as heretofore developed, of either of the Candidates, it is, I should think, quite too late in the day now for any pledge to be given or received. But, my dear Sir, what interests have Virginia and the South separate from the Union? You have mentioned a single subject only, that of the encroachments of the Federal Judiciary on State rights; and, as connected with this, the "broad doc- trine now inculcated that Congress has the right to extend[,] not to regulate only[,] the jurisdiction of

262 CHAPTER 9 NATIONALISM AND SECTIONALISM, 1815-1828

the Federal Courts." On that subject I am entirely at a loss to conceive any peculiar interest in the State of Virginia and the Southern States. All are equally concerned in the preservation of the State Sovereignties. All would be equally affected by Fcederal usurpation. But I must confess that it is the first time that I ever heard asserted such a doc- trine as you say is now inculcated. The limit of the Federal Judiciary is to be found in the Constitu- tion, and Congress can vest in it no power which is not there found. If such a doctrine as you state is really attempted to be inculcated you will find Kentucky now, as in the epoch of 1799, in spite of all your unkindness towards her, ready to co oper- ate with you in opposing it. And no man in the Union will be more prompt than I shall be to sec- ond the opposition. I cannot suppose you to refer to the power which is claimed for the General Gov- ernment to give effect to its laws through its own judiciary. For without that power; without Federal means to effectuate the constitutional resolves of the Federal will, there is an end to the General Government; there is inevitable if not instanta- neous anarchy.

But, my dear Sir, on this subject of the Federal Judiciary and State rights I mean to say a few words to you, in the spirit of Virginia Independence, and in the frankness of sincere friendship. Has not Virginia exposed herself to the imputation of self- ishness by the course of her conduct, or of that of many of her politicians? When, in the case of Cohens and Virginia, her authority was alone con- cerned, she made the most strenuous efforts against the exercise of power by the Supreme Court. But when the thunders of that Court were directed against poor Kentucky, in vain did she invoke Vir- ginian aid. 1 The Supreme Court it was imagined would decide on the side of supposed interests of Virginia. It has so decided; and, in effect, cripples

1 Clay was probably referring to Green v. Biddle (1823), in which the Supreme Court declared unconstitutional Kentucky statutes on the disposition ofland titles claimed by Kentucky settlers versus Virginia landowners (who had claimed the land before Kentucky separated from Virginia)-Ed.

the Sovereign power of the State of Kentucky noore [sic] than any other measure ever affected the Inde- pendence of any state in this Union, and not a Virginia voice is heard against the decision. The Supreme Court is viewed with complacency, and as a very different sort of tribunal, from that Supreme Court which decided Cohens's case. Again. Of all the irregular bodies none can be more so than a Congressional Caucus at Washington. None have a more consolodating tendency. Indeed it is espoused upon the principle of preventing the exercise of State or Federal rights through the medium of the H. of R. Yet the Virginia politicians (at least if we are to judge from the papers) warmly advocate the constitution of such a Caucus. Will it not be said that they are influenced by the consideration, not of preserving unimpaired State rights, but of giving to the State power of Virginia the utmost effect of which it is susceptible? Or that of securing the election of the alleged favorite of Virginia who, without the instrumentality of such an assem- blage, is in danger of losing the election? [William H. Crawford] It is in vain to speak of the inconve- niencies of a warmly contested election. They are incident to our system; and are happily provided for by it . And the transitions from a Congressional Caucus, to a Prretorian Cohort or Hereditary Mon- archy, to escape from those vexations, are not so great as we might at first imagine.

I am aware that on two subjects I have the misfortune to differ with many of my Virginia friends-Internal Improvements and Home Man- ufactures . My opinion has been formed after much deliberation, and my best judgment yet tells me that I am right. I have not time nor would it be fit- ting as regards your comfort now to discuss the policy or the power of fostering those interests. I believe Virginia & the Southern States as much interested, directly or indirectly, as any other parts of the Union, in their encouragement. When this Government was first adopted, we had no interior. Our population was inclosed between the Sea and the Mountains which run parallel to it. Since then the West part of your State, the Western parts ofN. York & Pennsa. & all the Western States have been

ettled. The Wan West consumed ides of the Mot

nated; and emig selves annually i surplus. There is none at home. If t we, in the interic population would Foreign market ai vast & growing s culture. We mus~ of us must culti\1 have reasonable tions of Foreign a navy, fortificati In the Interior Home Manufact object to our getti interests of both

It has appear the General Gov enquire what gre of our Country, far as practicable! tion, having alw whole. Assuming that if N. York, .I\ land & the Weste dent Nation, it w important interes feared that, if pro interests, from th the Confederacy, establish a system tection? I would principle indicate great sections all probably receive i rate & independen some protection countervailing int quarters of the Un

I concur enti the North & East,

HENRY CLAY: On the Election, the Court, and Improvements (1823) 263

ed. The Wars of Europe & the emigrants to the · consumed all the surplus produced on both

~- of the Mountains. Those Wars have termi- -~; and emigration has ceased. We find our- :'.S annually in the possession of an immense

~Ius. There is no market for it abroad; there is at home. If there were a foreign market, before

Jl the interior, could reach it, the intervening ulation would have supplied it. There can be no ~:gn market adequate to the consumption of the

growing surplus of the produce of our Agri- :.ire. We must then have a Home market. Some

must cultivate; some fabricate. And we must ~ reasonable protection against the machina- - of Foreign powers. On the Sea board you want :', fortifications, protection, foreign commerce. e Interior we want Internal Improvements, e Manufactures. You have what you want, and

·t to our getting what we want. Should not the ests of both parties be provided for?

:t has appeared to me, in the administration of General Government, to be a just principle, to

~ :.tire what great interests belong to each section r Country, and to promote those interests as

practicable consistently with the Constitu- having always an eye to the welfare of the

e. Assuming this principle, does any one doubt _ ifN. York, N. Jersey, Pennsa. Delaware Mary-

the Western States constituted an Indepen- . .:'1/ation, it would immediately protect the two

rtant interests in question? And is it not to be .:ed that, if protection is not to be found to vital -~'rests, from the existing system, in great parts of ~ Confederacy, those parts will ultimately seek to

lish a system that will afford the requisite pro- n? I would not, in the application of the

~.:iple indicated, give to the peculiar interests of __ , sections all the protection which they would

ably receive if those sections constituted sepa- ~ & independent States. I would however extend

e protection & measure it by balancing the -.11tervailing interests, if there be such, in other

rters of the Union. : concur entirely with you in thinking that .,orth & East, but particularly New England,

have laid in a great measure, the other parts of the Union under contribution. And of all the ill advised measures; of all the wasteful expenditures of public money, the Revolutionary pension list preeminently takes the lead. Never was there more public money spent with less practical benefit. But who proposed it? Your own Monroe [after Monroe pointed out that needy veterans of the Revolution- ary war were not eligible for federal pensions, Con- gress enacted the pension law of 18 March 1818.]. I thought of it then as I think of it now; but opposi- tion would have been silly & vain.

You will oppose my election I suppose in Vir- ginia. I have no right to complain. Silence & Sub- mission are my duty. You will oppose me because I think that the interests of all parts of the Union should be taken care of; in other words, that the interests of the Interior, on the two subjects men- tioned, as well as those of the Maritime coast ought to be provided for. You will give your suffrages to Mr. Crawford or to Mr. Adams; and if Mr. Craw- ford or Mr. Adams be elected I venture to predict that we shall find either in his inaugural speech, or in his first message or speech (perhaps the latter mode of communication may be revived) to Con- gress, a recommendation of efficient encourage- ment to Domestic Manufactures & Internal improvements.

I am afraid that you will think me in a very bad humor. Far from it. I repeat, that I never enjoyed more perfect composure. My health, it is true, is extremely bad; and I am now confined at home by the endeavor to re establish it. But it neither affects my tranquillity nor gives me the spleen. In regard to the election, as to which I will make no profes- sions of apathy or indifference, which I do not feel, my friends continue to be very confident; and my own opinion is that my prospects are not surpassed by those of either of the other gentlemen. Still I am not unaware that all things are uncertain. And I therefore continue resolved to preserve my philos- ophy, my principles & my conscience, be the event what it may.

* * *

264 CHAPTER 9 NATIONALISM AND SECTIONALISM, 1815-1828

REVIEW QUESTIONS

1. What part did Clay think state or regional inter- ests should play in the presidential election?

2. Why did he criticize Virginia's interpretations and actions in regard to the powers of the fed- eral judiciary?

3. Why did he criticize attempts to reinstitute a congressional caucus for the nomination of presidential candidates?

4. Why did he want the national government to take an active role in promoting internal improvements? How, according to Clay, would such action affect national and state interests?

1 0 ©a THE JACKSONIAN ERA, 1828-1840

Tennessee militia soldiers, inspired by his toughness, had nicknamed Andrew Jackson "Old Hickory" during the War of 1812. Since that time, less inspired than aggravated, his political opponents called him quite a number of other names. Jackson probably deserved all of the monikers, good and bad, for he was a complex man whose personal and professional decisions produced conflicting reactions during his lifetime and thereafter. Although negative evaluations mounted in the late twentieth century, Jackson was a hero to most of his contem- poraries. He seemed to embody the image many Americans had, or wanted to have, of themselves. They embraced the image of the frontiersman, someone they saw as self-reliant, someone whose character was based in action not intellect: someone who used might to make right and who knew instinctively what right was. These Americans applauded him as a self-made man: he was an example to their sons that in America any boy, through self-determination, direction, and dil- igence, could indeed become powerful. Jackson's opponents, however, pointed out that his conduct also demonstrated how action without full reflection could have negative repercussions. To them, his decisions showed why there had to be checks

on the delegation and execution of power. Jackson, over time, came to epitomize the myth and reality of a new era in

American democracy. It was a time when many Americans started to define democracy more inclusively and equality more broadly than the Founders had. They celebrated greater participation by white men, no matter what their eco- nomic and social rank, in the political life of the nation. Yet in doing so, showing the complexity and contradictory nature of this age, they also expounded more fully on the ethnic and gendered limits to American democracy, equality, and opportunity. Some Americans did protest those restrictions, using the language of revolutionary America and building on the broader interpretations of Jacksonian America. During this period there was growing debate about the abolition of

slavery and Native American rights and property. 265

266 CHAPTER 10 THE JACKSONIAN ERA, 1828-1840

Another issue of increasing concern was that of the allocation and exercise of power between national and state governments. Old compromises were fraying

and new ones increasingly difficult to forge. In this new era of the common man there was no question of sovereignty remaining with the people, but there were many heated debates over which government-state or national-best protected the common man's rights and interests. When national and state legislation

came into conflict, which one did citizens ultimately want to have precedence? Did they want the one that confirmed rule by the majority to hold sway, or did they want those that protected minorities (state contingents) to have the power to

check a possible tyranny by the majority? Some believed that the primacy of the national government had already been spelled out in the Constitution and confirmed by Supreme Court decisions; others believed that the state govern- ments, which were more closely tied to the people, better represented citizens'

interests, and they increasingly challenged the former. Jackson initially straddled the debate, but when put to the test during the

nullification controversy, he came down firmly for the supremacy of the national government. Yet as a believer and practitioner in self-reliance, he also seemed to believe that the nation should not do what the state could do, nor should the state do what the individual could do. This showed in his constitutional scruples about national power in terms of internal improvements. As did Madison and Monroe

before him, Jackson opposed federal support for local projects. Even so, Jackson was not a states-rights proponent; he supported issues only if they fit within his concept of national interests.

As a general and then as president, Jackson's duty was to execute national

policy. In pursuing that end-ensuring the security and developing the strength of the country-Jackson assumed and exercised ever greater power, which some- times got him into trouble. When he was a general, politicians accused him of

exceeding his orders and delegating authority, and during his presidency, politi- cal opponents accused him of exceeding his constitutional authority. Operating within a rather expansive interpretation of executive limits, Jackson strength- ened the power of the presidency through his use of appointments and the veto. While willing to work with the legislative branch, he refused to be ruled by it, just as he refused to allow the Supreme Court or the state governments to have the last say in national affairs. He believed that he knew what was best for the country and acted on that belief His popularity with the voters suggests that they agreed with him.

In . sul An Re: wh ing Ev Cal

th, th1 an pa ur pr p. WI

t11

F1 th aJ

AV1

At a pub New-York, h evening, the to the chair tary. The d meeting wa ceedings of 'New-YorkG 'Citizens of read from I ult.; where! unanimou

SAMUEL ENNALS AND PHILIP BELL

An Address to the Citizens

of New-York (1831)

In 1832 William Lloyd Garrison published Thoughts on African Colonization. The subtitle was An Impartial Exhibition of the Doctrines, Principles and Purposes of the American Colonization Society, Together with the Resolutions, Addresses and Remonstrances of the Free People of Color. Garrison began his book by saying that when he started his abolitionist work he knew that he would be persecuted for attack- ing slavery and that he also knew that it would be the same for opposing colonization. Even so, he refused to remain silent. The main reason that he was against the Ameri- can Colonization Society (and related state societies) was because it refused to oppose the system of slavery even as it advocated freeing African Americans and then sending the freedmen to Liberia in Africa. He also decried how the society represented slaves and freedmen "as aliens and foreigners, wanderers from Africa- destitute of that amor patriae, which is the bond of union-seditious-without alliances- irresponsible- unambitious-cherishing no attachment to the soil-feeling no interest in our national prosperity . .. content to remain in ignorance and degradation-&c. &c. &c. (pt. II, p. 4). He proclaimed that all of that was a libel and one to be refuted not only by his words but also by those of African Americans. He included the objections voiced in twenty communities from Baltimore to Boston.

From William Lloyd Garrison, ed., Thoughts on African Colonization. Part II: Sentiments of the People of Color (1832; New York: Arno Press, 1968), pp. 13-17. [Editorial insertions appear in square brackets-Ed.]

267

A Voice from New-York

New-York, January, 1831. : a public meeting of the colored citizens of

0 York, held at Boyer Lodge Room, on Tuesday g, the 25th ult. Mr Samuel Ennals was called chair, and Mr Philip Bell appointed secre-

The chairman stated that the object of the ng was to take into consideration the pro- gs of an association, under the title of the

-York Colonization Society.' An address to the ens of New-York' relative to that Society, was :rom the Commercial Advertiser of the 8th

Whereas a number of gentlemen in this city, of mistaken views with respect to the wishes and wel- fare of the people of this state, on the subject of African colonization, and in pursuance of such mistaken views are using every exertion to form 'African Colonization Societies;' and whereas a public document, purporting to be an address to the people of the 'city of New-York' on this subject, contains opinions and assertions regarding the people of color as unfounded as they are unjust and derogatory to them-Therefore

.-hereupon the following resolutions were ~mously adopted.

Resolved, That this meeting do most solemnly protest against the said address, as containing sentiments with respect to the people of color, unjust, illiberal and unfounded; tending to excite the prejudice of the community.

268 CHAPTER 10 THE JACKSONIAN ERA, 1828-1840

Resolved, That in our opinion the sentiments put forth in the resolution at the formation of the 'Colonization Society of the city of New-York,' are such as to impress this community with the belief that the colored population are a growing evil, immoral, and destitute of religious principles.

Resolved, That we view the resolution calling on the worshippers of Christ to assist in the unholy crusade against the colored population of this country, as totally at variance with true Christiarr principles.

Resolved, That we claim this country, the place of our birth, and not Africa, as our mother country, and all attempts to send us to Africa we consider as gratuitous and uncalled for.

Resolved, That a committee of three persons be appointed to draft an address to the people ofNew- York, and to be published, together with these res- olutions, and the same be signed by the Chairman and Secretary.

SAMUEL ENNALS, Chairman. PHILIP BELL, Secretary.

An Address to the Citizens of New-York.

In protesting against the sentiments and declara- tions to our prejudice with which the above noticed 'address' and 'resolutions' abound, we are well aware of the power and influence we have attempted to resist. The gentlemen named as officers of the 'Colonization Society' are men of high standing, their dictum is law in morals with our commu- nity; but we who feel the effect of their proscrip- tion, indulge the hope of an impartial hearing.

We believe many of those gentlemen are our friends, and we hope they all mean well; we care not how many Colonization Societies they form to send slaves from the south to a place where they may enjoy freedom; and if they can 'drain the ocean with a bucket,' may send 'with their own con- sent,' the increasing free colored population: but we solemnly protest against that Christian philan- thropy which in acknowledging our wrongs com- mits a greater by vilifying us. The conscientious

man would not kill the animal, but cried 'mad dog,' and the rabble despatched him. These gentlemen acknowledge the anomaly of those political ethics which make a distinction between man and man, when their foundation is, 'that all men are born equal,' and possess in common 'unalienable rights;' and to justify the withholding of these 'rights' would proclaim to foreigners that we are 'a distinct and inferior race,' without religion or morals, and implying that our condition cannot be improved here because there exists an unconquerable preju- dice in the whites towards us. We absolutely deny these positions, and we call upon the learned author of the 'address' for the indications of distinction between us and other men. There are different col- ors among all species of animated creation. A dif- ference of color is not a difference of species. Our structure and organization are the same, and not distinct from other men; and in what respects are we inferior? Our political condition we admit ren- ders us less respectable, but does it prove us an inferior part of the human family? Inferior indeed we are as to the means which we possess of becom- ing wealthy and learned men; and it would argue well for the cause of justice, humanity and true religion, if the reverend gentlemen whose names are found at the bottom of President Duer's [Wil- liam A. Duer, president of Columbia College) address, instead of showing their benevolence by laboring to move us some four thousand miles off, were to engage actively in the furtherance of plans for the improvement of our moral and political condition in the country of our birth. It is too late now to brand with inferiority any one of the races of mankind. We ask for proof. Time was when it was thought impossible to civilize the red man. Yet our own country presents a practical refutation of the vain assertion in the flourishing condition of the Cherokees, among whom intelligence and refinement are seen in somewhat fairer proportions than are exhibited by some of their white neigh- bors. In the language of a writer of expanded views and truly noble sentiments, 'the blacks must be regarded as the real authors of most of the arts and sciences which give the whites at present the advantage over them. While Greece and Rome

SAMUEL ENNALS AND PHILIP BELL: An Address to the Citizens of New-York (1831) 269

yet barbarous, we find the light of learning .mprovement emanating from this, by sup- :ion, degraded and accursed continent of -a, out of the midst of this very woolly-haired,

sed, thick lipped, and coal black race, which c persons are tempted to station at a pretty low :-mediate point between men and monkeys' _ .ander H. Everett, 'America, or a General Sur-

pp. 212, 225]. It is needless to dwell on this :: and we say with the same writer, the blacks a long and glorious day: and after what they

_ been and done, it argues not so much a mis- 0::i theory, as sheer ignorance of the most notori- -:i.storical facts, to pretend that they are naturally

_ --:.or to the whites. -.-e earnestly desire that this address may not isunderstood. We have no objection in the

r-act to the Colonization Society; but we do ·est against the means which that Society uses .::ect its purposes. It is evident, to any impar-

observer, that the natural tendency of all r- speeches, reports, sermons, &c. is to widen

reach between us and the whites, and give to ~dice a tenfold vigor. It has produced a mistaken -· ment toward us. Africa is considered the home

ose who have never seen its shores. The poor ·rant slave, who, in all probability, has never

_ -d the name of Christ, by the colonization pro- is suddenly transformed into a 'missionary,' to

·.ruct in the principles of Christianity and the of civilized life. The Friends have been the last d the system pursued by the Society's advocates. - we say (for we feel it) that in proportion as they me colonizationists, they become less active

- - less friendly to our welfare as citizens of the - ;ed States.

There does exist in the United States a preju- .::'. against us; but is it unconquerable? Is it not in : power of these gentlemen to subdue it? If their

ct is to benefit us, why not better our condition ::'.? What keeps us down but the want of wealth? -·· do we not accumulate wealth? Simply because

re not encouraged. If we wish to give our boys sical education, they are refused admission

your colleges. If we consume our means in g them a mercantile education, you will not

employ them as clerks; if they are taught naviga- tion, you will not employ them as captains. If we make them mechanics, you will not encourage them, nor will white mechanics work in the same shop with them. And with all these disabilities, like a mill-stone about us, because we cannot point to our statesmen, bankers and lawyers, we are called an inferior race. Look at the glaring injustice towards us. (A foreigner, before he knows one of our streets from another, mounts a cart under the license of another man, or is a public porter, a lamp-lighter, a watchman,_ &c)

These gentlemen know but little of a large por- tion of the colored population of this city. Their opinions are formed from the unfortunate portion of our people whose characters are scrutinized by them as judges of courts. Their patrician principles prevent an intercourse with men in the middle walks of life, among whom a large portion of our people may be classed. We ask them to visit the dwellings of the respectable part of our people, and we are satis- fied that they will discover more civilization and refinement than will be found among the same number of white families of an equal standing.

Finally, we hope that those who have so elo- quently pleaded the cause of the Indian, will at least endeavor to preserve consistency in their conduct. They put no faith in Georgia, although she declares that the Indians shall not be removed but 'with their own consent.' Can they blame us if we attach the same credit to the declaration that they mean to colonize us 'only with our consent?' They cannot indeed use force; that is out of the question. But they harp so much on 'inferiority,' 'prejudice,' 'distinction,' and what not, that there will no alternative be left us but to fall in with their plans. We are content to abide where we are. We do not believe that things will always continue the same. The time must come when the declaration of independence will be felt in the heart as well as uttered from the mouth, and when the rights of all shall be properly acknowledged and appreciated. God hasten that time. This is our home, and this our country. Beneath its sod lie the bones of our fathers: for it some of them fought, bled, and died. Here we were born, and here we will die.

270 CHAPTER 10 THE JACKSONIAN ERA, 1828-1840

REVIEW QUESTIONS

1. Why did some African American inhabitants of New York City meet on January 25, 1831? What does such a meeting reveal about the African American community in the city?

2. Were the meeting's participants totally against colonization?

3. What did they protest? 4. What did they call on reformers to do? 5. Why did the address include references to

Native Americans?

FROM South Carolina's Ordinance

of Nullification (1832)

In the ongoing tug of war between states and nation, the conflict over the 1828 tariff led to what has been called the nullification controversy. South Carolina was suffer- ing from an agricultural depression when Congress passed what the state's citizens called the Tariff of Abominations. They believed that the tariff protected northern manufacturing at their expense. John C. Calhoun of South Carolina, who had been John Quincy Adams's vice president and then became Andrew Jackson's in 1829, wrote but published anonymously the South Carolina Exposition and Protest. Calhoun theorized that the states could nullify national legislation they deemed unconstitutional and outlined a procedure for such an action. South Carolina did not immediately do this, for with the election of Jackson and Calhoun, it decided to wait for a new tariff policy to be drawn up by the incoming administration. Then, in January 1830, Senator Samuel A. Foot of Connecticut proposed a resolution to restrict the sale of public land in the West. After Thomas Hart Benton of Missouri denounced it as an attack on the West, Robert Y. Hayne of South Carolina joined the fight. He hoped that southern advocacy of a policy of cheap lands in the West would result in western support for the lower tariffs sought by the South.

This sectional debate over land policy expanded quickly into one on national power. Opponents and supporters in both national and state governments, executive and legislative branches, rallied their forces. President Jackson split from Vice Presi- dent Calhoun over the issue; the result was a new cabinet purged of Calhoun adher- ents and, in the next election, a new vice president, Martin Van Buren. Calhoun then moved into the Senate to promote and defend nullification there, as Hayne moved back to South Carolina to assume his gubernatorial duties. As governor, it was Hayne's responsibility to execute the will of the citizens of South Carolina as expressed not only by their representatives in the normal legislature but as presented in an ordinance passed on November 24 by a special convention. Despite some con- gressional concessions-the lowering of duties in 1830 and then the passage of the Tariff of 1832, which reduced rates even further-South Carolina nullifiers were determined to turn their political theory into reality.

From Statutes at Large of South Carolina, vol. I (Columbia, SC: A. S. Johnston, 1836), pp. 329 ff. [Editorial insertions that appear in square brackets are from the 1836 edition-Ed.]

An Ordinar

of the Unit

duties and

com modi tie

Whereas various acts, and imposts intended for tures, and the viduals engag expense and classes and i1 from taxation are not prod1 States, to aft and excessivf intended to l powers under no authority violated the tr tution, which burthens of t portions of th Congress, exc and collect re1 accomplishin1 which the Co1 rizes it to em collected unn thorized by th

We, there) Carolina in C. ordain .... Th of the Congn to be laws for on the imp01 and, more es and 1832] ... tion of the l meaning and and no law, n cers or citizer obligations, rr or entered int, imposed by t

FR O M South Carolina's Ordinance of Nullification (1832) 271

Ordinance to Nullify certain acts of the Congress

:li e United States, purporting to be laws laying

·zes and imposts on the importation of foreign

modities.

•:hereas the Congress of the United States, by us acts, purporting to be acts laying duties rmposts on foreign imports, but in reali_ty <led for the protection of domestic manufac-

., and the giving of bounties to classes and indi- ls engaged in particular employments, at the

nse and to the injury and oppression of other and individuals, and by wholly exempting

_ taxation certain foreign commodities, such as .,ot produced or manufactured in the United es, to afford a pretext for imposing higher

_ excessive duties on articles similar to those <led to be protected, hath exceeded its just

ers under the Constitution, which confers on it _uthority to afford such protection, and hath -1ed the true meaning and intent of the Consti- n, which provides for equality in imposing the

:-.hens of taxation upon the several States and 10ns of the Confederacy: And whereas the said

-gress, exceeding its just power to impose taxes _ collect revenue for the purpose of effecting and

mplishing the specific objects and purposes ch the Constitution of the United States autho-

~s it to effect and accomplish, hath raised and ected unnecessary revenue for objects unau- rized by the Constitution:- \Ve, therefore, the people of the State of South

·olina in Convention assembled, do declare and ain . ... That the several acts and parts of acts he Congress of the United States, purporting e laws for the imposing of duties and imposts ·he importation of foreign commodities, ...

;:, more especially, ... [the tariff acts of 1828 1832] ... are unauthorized by the Constitu-

n of the United States, and violate the true aning and intent thereof, and are null, void,

- j no law, nor binding upon this State, its offi- ~s or citizens; and all promises, contracts, and .igations, made or entered into, or to be made entered into, with purpose to secure the duties

- posed by the said acts, and all judicial pro-

ceedings which shall be hereafter had in affir- mance thereof, are and shall be held utterly null and void.

And it is further Ordained, That it shall not be lawful for any of the constituted authorities, whether of this State or of the United States, to enforce the payment of duties imposed by the said acts within the limits of this State; but it shall be the duty of the Legislature to adopt such measures and pass such acts as may be necessary to give full effect to this Ordinance, and to prevent the enforcement and arrest the operation of the said acts and parts of acts of the Congress of the United States within the limits of this State, from and after the 1st day of February next. ...

And it is further Ordained, That in no case of law or equity, decided in the courts of this State, wherein shall be drawn in question the authority of this ordinance, or the validity of such act or acts of the Legislature as may be passed for the purpose of giving effect thereto, or the validity of the afore- said acts of Congress, imposing duties, shall any appeal be taken or allowed to the Supreme Court of the United States, nor shall any copy of the rec- ord be printed or allowed for that purpose; and if any such appeal shall be attempted to be taken, the courts of this State shall proceed to execute and enforce their judgments, according to the laws and usages of the State, without reference to such attempted appeal, and the person or persons attempting to take such appeal may be dealt with as for a contempt of the court.

And it is further Ordained, That all persons now holding any office of honor, profit, or trust, civil or military, under this State, (members of the Legislature excepted), shall, within such time, and in such manner as the Legislature shall prescribe, take an oath well and truly to obey, execute, and enforce, this Ordinance, and such act or acts of the Legislature as may be passed in pursuance thereof, according to the true intent and meaning of the same; and on the neglect or omission of any such person or per- sons so to do, his or their office or offices shall be forthwith vacated, .. . and no person hereaf- ter elected to any office of honor, profit, or trust,

272 CHAPTER 10 THE JACKSONIAN ERA, 1828-1840

civil or military, (members of the Legislature excepted), shall, until the Legislature shall otherwise provide and direct, enter on the exe- cution of his office, ... until he shall, in like manner, have taken a similar oath; and no juror shall be empannelled in any of the courts of this State, in any cause in which shall be in question this Ordinance, or any act of the Legislature passed in pursuance thereof, unless he shall first, in addition to the usual oath, have taken an oath that he will well and truly obey, execute, and enforce this Ordinance, and such act or acts of the Legislature as may be passed to carry the same into operation ....

And we, the People of South Carolina, to the end that it may be fully understood by the Gov- ernment of the United States, and the people of the co-States, that we are determined to main- tain this, our Ordinance and Declaration, at every hazard, Do further Declare that we will not submit to the application of force, on the part of the Federal Government, to reduce this State to obedience; but that we will consider the passage, by Congress, of any act ... to coerce the State,

shut up her ports, destroy or harass her com- merce, or to enforce the acts hereby declared to be null and void, otherwise than through the civil tribunals of the country, as inconsistent with the longer continuance of South Carolina in the Union: and that the people of this State will thenceforth hold themselves absolved from all further obligation to maintain or preserve their political connexion with the people of the other States, and will forthwith proceed to orga- nize a separate Government, and do all other acts and things which sovereign and indepen- dent States may of right to do.

REVIEW QUESTIONS

1. What justification was given for the act? 2. How was the state to implement nullification? 3. Which was given precedence: obedience to the

state or to the nation? 4. Did this ordinance leave an opening for com-

promise? If so, how?

ANDREW JACKSON

FROM The President's Nullification

Proclamation (1832)

President Andrew Jackson was not about to let South Carolina impose its interpreta- tion of the Constitution on the national government or to empower its sister states by example. The old duelist fired back at the state, first with a moderate charge in his annual message on December 4, 1832, and then with a full explosive charge in a proc- lamation on December 10.

From James D. Richardson, comp., A Compilation of the Messages and Papers of the Presi- dents, 1789-1902, vol. II (Bureau of National Literature and Art, 1904), pp. 640-56. [Edito- rial insertions appear in square brackets-Ed.]

To preserve th from destructio~ national honor confidence my me, I, Andrew States, have tha mation, stating laws applicable convention of _ they have put fi course which appealing to th. the people, wa must inevitabl dictates of the -

The ordinance right of resist irL tionalandtoo strange posit io declare an act execution; tha the Constituti~- instrument pe Union and yet L' - those it may c is true, they ad law it must be p but it is evidec laws of that d trolled right to acter, is to giYe as by the theo~ alleged by the - should be sai check against asked why it is the passage of There is, howe makes the ass sible, and whi are two appeaL by Congress-

ANDREW JACKSON: FROM The President's Nullification Proclamation (1832) 273

* * * ~reserve this bond of our political existence

destruction, to maintain inviolate this state of nal honor and prosperity, and to justify the

:.dence my fellow-citizens have reposed in :, Andrew Jackson, President of the United

::s, have thought proper to issue this my procla- .JD, stating my views of the Constitution and applicable to the measures adopted by the

ention of South Carolina and to the reasons have put forth to sustain them, declaring the

-,e which duty will require me to pursue, and, ling to the understanding and patriotism of

?eople, warn them of the consequences that - inevitably result from an observance of the -es of the convention.

* * *

rdinance is founded, not on the indefeasible ~ of resisting acts which are plainly unconstitu- -' and too oppressive to be endured, but on the

_ -:ge position that any one State may not only __ re an act of Congress void, but prohibit its ~:..:tion; that they may do this consistently with :::onstitution; that the true construction of that :iment permits a State to retain its place in the n and yet be bound by no other of its laws than it may choose to consider as constitutional. It

:..:e, they add, that to justify this abrogation of a : must be palpably contrary to the Constitution: - is evident that to give the right of resisting

f that description, coupled with the uncon- right to decide what laws deserve that char-

·-- is to give the power of resisting all laws; for .· the theory there is no appeal, the reasons

~:ed by the State, good or bad, must prevail. If it ~d be said that public opinion is a sufficient -:,_ against the abuse of this power, it may be i why it is not deemed a sufficient guard against

?assage of an unconstitutional act by Congress? e is, however, a restraint in this last case which es the assumed power of a State more indefen-

and which does not exist in the other. There ·:o appeals from an unconstitutional act passed

- -ngress-one to the judiciary, the other to the

people and the States. There is no appeal from the State decision in theory, and the practical illustration shows that the courts are closed against an applica- tion to review it, both judges and jurors being sworn to decide in its favor. But reasoning on this subject is superfluous when our social compact, in express terms, declares that the laws of the United States, its Constitution, and treaties made under it are the supreme law of the land, and, for greater caution, adds "that the judges in every State shall be bound thereby, anything in the constitution or laws of any State to the contrary notwithstanding." ...

* * * ... [T]he defects of the Confederation need not be detailed. Under its operation we could scarcely be called a nation. We had neither prosperity at home nor consideration abroad. This state of things could not be endured, and our present happy Constitution was formed , but formed in vain if this fatal doctrine prevails. It was formed for important objects that are announced in the preamble, made in the name and by the authority of the people of the United States, whose delegates framed and whose conventions approved it. The most impor- tant among these objects-that which is placed first in rank, on which all the others rest-is "to form a more perfect union." Now, is it possible that even if there were no express provision giving supremacy to the Constitution and laws of the United States over those of the States, can it be conceived that an instrument made for the purpose of "forming a more perfect union" than that of the Confederation could be so constructed by the assembled wisdom of our country as to substitute for that Confedera- tion a form of government dependent for its exis- tence on the local interest, the party spirit, of a State, or of a prevailing faction in a State? Every man of plain, unsophisticated understanding who hears the question will give such an answer as will preserve the Union. Metaphysical subtlety, in pur- suit of an impracticable theory, could alone have devised one that is calculated to destroy it.

I consider, then, the power to annul a law of the United States, assumed by one State, incompatible

274 CHAPTER 10 THE JACKSONIAN ERA, 1828-1840

with the existence of the Union, contradicted expressly by the letter of the Constitution, unauthor- ized by its spirit, inconsistent with every principle on which it was founded, and destructive of the great object for which it was formed.

After this general view of the leading principle, we must examine the particular application of it which is made in the ordinance.

The preamble rests its justification on these grounds: It assumes as a fact that the obnoxious laws, although they purport to be laws for raising revenue, were in reality intended for the protection of manufactures, which purpose it asserts to be unconstitutional; that the operation of these laws is unequal; that the amount raised by them is greater than is required by the wants of the Government; and, finally, that the proceeds are to be applied to objects unauthorized by the Constitution. These are the only causes alleged to justify an open oppo- sition to the laws of the country and a threat of seceding from the Union if any attempt should be made to enforce them. The first virtually acknowl- edges that the law in question was passed under a power expressly given by the Constitution to lay and collect imposts; but its constitutionality is drawn in question from the motives of those who passed it. However apparent this purpose may be in the present case, nothing can be more dangerous than to admit the position that an unconstitutional purpose entertained by the members who assent to a law enacted under a constitutional power shall make that law void. For how is that purpose to be ascertained? Who is to make the scrutiny? How often may bad purposes be falsely imputed, in how many cases are they concealed by false professions, in how many is no declaration of motive made? . . .

The next objection is that the laws in question operate unequally. This objection may be made with truth to every law that has been or can be passed. The wisdom of man never yet contrived a system of taxation that would operate with perfect equality. If the unequal operation of a law makes it unconstitutional, and if all laws of that description may be abrogated by any State for that cause, then, indeed, is the Federal Constitution unworthy of the slightest effort for its preservation ....

The two remaining objections made by the ordi- nance to these laws are that the sums intended to be raised by them are greater than are required and that the proceeds will be unconstitutionally employed.

The Constitution has given, expressly, to Con- gress the right of raising revenue and of determin- ing the sum the public exigencies will require. The States have no control over the exercise of this right other than that which results from the power of changing the representatives who abuse it, and thus procure redress. Congress may undoubtedly abuse this discretionary power; but the same may be said of others with which they are vested. Yet the discre- tion must exist somewhere. The Constitution has given it to the representatives of all the people, checked by the representatives of the States and by the Executive power. The South Carolina con- struction gives it to the legislature or the conven- tion of a single State, where neither the people of the different States, nor the States in their separate capacity, nor the Chief Magistrate elected by the people have any representation ....

The ordinance, with the same knowledge of the future that characterizes a former objection, tells you that the proceeds of the tax will be unconstitu- tionally applied. If this could be ascertained with certainty, the objection would with more propriety be reserved for the law so applying the proceeds, but surely can not be urged against the laws levy- ing the duty.

* *

The Constitution declares that the judicial powers of the United States extend to cases arising under the laws of the United States, and that such laws, the Constitution, and treaties shall be paramount to the State constitutions and laws. The judiciary act prescribes the mode by which the case may be brought before a court of the United States by appeal when a State tribunal shall decide against this provision of the Constitution. The ordinance declares there shall be no appeal- makes the State law paramount to the Constitution and laws of the United States, forces judges and jurors to swear that they will disregard their provisions, and even makes it penal in a suitor to attempt relief by appeal.

It further decl authorities of enforce the pa enue laws witl

Here is a I. tended to be authority of a l State. Here is , is solemnly ab1

On such e nance ground annul the law it by a threat attempt is mac

This right of the Constit between sover; whole soverei, superior; that can break it departed from course of reasc advocates in ' have not studu ficiently to see

The peopl Constitution, in making the visions, and a they ratified in its constru which the pee represented. , President and no other ageo the votes shaU majority of all a majority of. one candidate people, then, • the executive I

In the Ho difference, tha the case of Pr for the same o not vote for a

ANDREW JACKSON: FROM The President's Nullification Proclamation (1832) 275

er declares that it shall not be lawful for the nties of the United States or of that State to

--:e the payment of duties imposed by the rev- ws within its limits.

ere is a law of the United States, not even pre- ·" to be unconstitutional, repealed by the . . ty of a small majority of the voters of a single Here is a provision of the Constitution which mnly abrogated by the same authority. •• such expositions and reasonings the ordi-

- grounds not only an assertion of the right to the laws of which it complains, but to enforce

a threat of seceding from the Union if any ::::pt is made to execute them. '":.is right to secede is deduced from the nature

..'. Constitution, which, they say, is a compact cen sovereign States who have preserved their e sovereignty and therefore are subject to no

_nor; that because they made the compact they reak it when in their opinion it has been ed from by the other States. Fallacious as this

· -c of reasoning is, it enlists State pride and finds -ates in the honest prejudices of those who

• not studied the nature of our Government suf- ,tly to see the radical error on which it rests.

-:be people of the United States formed the itution, acting through the State legislatures dng the compact, to meet and discuss its pro-

ns, and acting in separate conventions when ratified those provisions; but the terms used

_ construction show it to be a Government in :h the people of all the States, collectively, are 'esented. We are one people in the choice of

dent and Vice-President. Here the States have ,ther agency than to direct the mode in which -otes shall be given. The candidates having the rity of all the votes are chosen. The electors of

ajority of States may have given their votes for • candidate, and yet another may be chosen. The pie, then, and not the States, are represented in executive branch. In the House of Representatives there is this

~erence, that the people of one State do not, as in "case of President and Vice-President, all vote -he same officers. The people of all the States do

· vote for all the members, each State electing

only its own representatives. But this creates no material distinction. When chosen, they are all rep- resentatives of the United States, not representatives of the particular State from which they come. They are paid by the United States, not by the State; nor are they accountable to it for any act done in the performance of their legislative functions; and however they may in practice, as it is their duty to do, consult and prefer the interests of their partic- ular constituents when they come in conflict with any other partial or local interest, yet it is their first and highest duty, as representatives of the United States, to promote the general good.

The Constitution of the United States, then, forms a government, not a league; and whether it be formed by compact between the States or in any other manner, its character is the same. It is a Gov- ernment in which all the people are represented, which operates directly on the people individually, not upon the States; they retained all the power they did not grant. But each State, having expressly parted with so many powers as to constitute, jointly with the other States, a single nation, can not, from that period, possess any right to secede, because such secession does not break a league, but destroys the unity of a nation; and any injury to that unity is not only a breach which would result from the con- travention of a compact, but it is an offense against the whole Union. To say that any State may at plea- sure secede from the Union is to say that the United States are not a nation, because it would be a sole- cism to contend that any part of a nation might dis- solve its connection with the other parts, to their injury or ruin, without committing any offense. Secession, like any other revolutionary act, may be morally justified by the extremity of oppression; but to call it a constitutional right is confounding the meaning of terms, and can only be done through gross error or to deceive those who are willing to assert a right, but would pause before they made a revolution or incur the penalties con- sequent on a failure .

Because the Union was formed by a compact, it is said the parties to that compact may, when they feel themselves aggrieved, depart from it; but it is precisely because it is a compact that they can not.

276 CHAPTER 10 THE JACKSONIAN ERA, 1828-1840

A compact is an agreement or binding obligation. It may by its terms have a sanction or penalty for its breach, or it may not. If it contains no sanction, it may be broken with no other consequence than moral guilt; if it have a sanction, then the breach incurs the designated or implied penalty. A league between independent nations generally has no sanction other than a moral one; or if it should con- tain a penalty, as there is no common superior it can not be enforced. A government, on the contrary, always has a sanction, express or implied; and in our case it is both necessarily implied and expressly given. An attempt, by force of arms, to destroy a government is an offense, by whatever means the constitutional compact may have been formed; and such government has the right by the law of self- defense to pass acts for punishing the offender, unless that right is modified, restrained, or resumed by the constitutional act. In our system, although it is modified in the case of treason, yet authority is expressly given to pass all laws necessary to carry its powers into effect, and under this grant provision has been made for punishing acts which obstruct the due administration of the laws.

* * *

The States severally have not retained their entire sovereignty. It has been shown that in becoming parts of a nation, not members of a league, they surrendered many of their essential parts of sover- eignty. The right to make treaties, declare war, levy taxes, exercise exclusive judicial and legislative pow- ers, were all of them functions of sovereign power. The States, then, for all these important purposes were no longer sovereign. The allegiance of their citizens was transferred, in the first instance, to the Government of the United States; they became American citizens and owed obedience to the Con- stitution of the United States and to laws made in conformity with the powers it vested in Congress. This last position has not been and can not be denied. How, then, can that State be said to be sover- eign and independent whose citizens owe obedience to laws not made by it and whose magistrates are sworn to disregard those laws when they come in conflict with those passed by another? What shows

conclusively that the States can not be said to have reserved an undivided sovereignty is that they expressly ceded the right to punish treason-not treason against their separate power, but treason against the United States. Treason is an offense against sovereignty, and sovereignty must reside with the power to punish it. ...

* * *

These are the alternatives that are presented by the convention-a repeal of all the acts for raising rev- enue, leaving the Government without the means of support, or an acquiescence in the dissolution of our Union by the secession of one of its members. When the first was proposed, it was known that it could not be listened to for a moment. It was known, if force was applied to oppose the execution of the laws, that it must be repelled by force; that Congress could not, without involving itself in dis- grace and the country in ruin, accede to the propo- sition; and yet if this is not done in a given day, or if any attempt is made to execute the laws, the State is by the ordinance declared to be out of the Union. The majority of a convention assembled for the purpose have dictated these terms, or rather this rejection of all terms, in the name of the people of South Carolina. It is true that the governor of the State speaks of the submission of their griev- ances to a convention of all the States, which, he says, they "sincerely and anxiously seek and desire." Yet this obvious and constitutional mode of obtain- ing the sense of the other States on the construction of the federal compact, and amending it if neces- sary, has never been attempted by those who have urged the State on to this destructive measure .. .. If the legislature of South Carolina "anxiously desire" a general convention to consider their complaints, why have they not made application for it in the way the Constitution points out? The assertion that they "earnestly seek" it is completely negatived by the omission.

This, then, is the position in which we stand: A small majority of the citizens of one State in the Union have elected delegates to a State convention; that convention has ordained that all the revenue laws of the United States must be repealed, or that

they a ernor

extent

ganizi those w their d laws of ilous si State h urged t very St

I have u to the position the con

country Conside1 common different proud tij commer facilitat i their fr011 the rem could su! would b Are you cord, wi~ neighbor!

ANDREW JACKSON: FROM The President's Nullification Proclamation (1832) 277

are no longer a member of the Union. The gov- r of that State has recommended to the legisla-

·, the raising of an army to carry the secession effect, and that he may be empowered to give

.ranees to vessels in the name of the State. No f violent opposition to the laws has yet been

mitted, but such a state of things is hourly ehended. And it is the intent of this instrument

-roe/aim, not only that the duty imposed on ,v the Constitution "to take care that the laws

:aithfully executed" shall be performed to the t of the powers already vested in me by law, or ch others as the wisdom of Congress shall

:se and intrust to me for that purpose, but to -n the citizens of South Carolina who have been ~<led into an opposition to the laws of the danger

·.vill incur by obedience to the illegal and disor- . .zing ordinance of the convention; to exhort

e who have refused to support it to persevere in determination to uphold the Constitution and of their country; and to point out to all the per-

- situation into which the good people of that .• _, have been led, and that the course they are

__ d to pursue is one of ruin and disgrace to the tate whose rights they affect to support.

* *

_ ·e urged you [South Carolinians] to look back e means that were used to hurry you on to the ·ion you have now assumed and forward to

c consequences it will produce. Something more -ecessary. Contemplate the condition of that

try of which you still form an important part. -:ider its Government, uniting in one bond of

mon interest and general protection so many =erent States, giving to all their inhabitants the

d title of American citizen, protecting their .merce, securing their literature and their arts, Hating their intercommunication, defending , frontiers, and making their name respected in :remotest parts of the earth .... If your leaders ~d succeed in establishing a separation, what

d be your situation? Are you united at home? :: ,·ou free from the apprehension of civil dis- .:i, with all its fearful consequences? Do our ;hboring republics, every day suffering some

new revolution or contending with some new insurrection, do they excite your envy? But the dic- tates of a high duty oblige me solemnly to announce that you can not succeed. The laws of the United States must be executed. I have no discretionary power on the subject; my duty is emphatically pro- nounced in the Constitution. Those who told you that you might peaceably prevent their execution deceived you; they could not have been deceived themselves. They know that a forcible opposition could alone prevent the execution of the laws, and they know that such opposition must be repelled. Their object is disunion. But be not deceived by names. Disunion by armed force is treason. Are you really ready to incur its guilt? If you are, on the heads of the instigators of the act be the dreadful consequences; on their heads be the dishonor, but on yours may fall the punishment. ...

Fellow-citizens of the United States, the threat of unhallowed disunion, the names of those once respected by whom it is uttered, the array of mili- tary force to support it, denote the approach of a crisis in our affairs on which the continuance of our unexampled prosperity, our political existence, and perhaps that of all free governments may depend .... Having the fullest confidence in the justness of the legal and constitutional opinion of my duties which has been expressed, I rely with equal confidence on your undivided support in my determination to execute the laws, to preserve the Union by all constitutional means, to arrest, if pos- sible, by moderate and firm measures the necessity of a recourse to force; and if it be the will of Heaven that the recurrence of its primeval curse on man for the shedding of a brother's blood should fall upon our land, that it be not called down by any offen- sive act on the part of the United States.

Fellow-citizens, the momentous case is before you. On your undivided support of your Govern- ment depends the decision of the great question it involves-whether your sacred Union will be pre- served and the blessing it secures to us as one people shall be perpetuated. No one can doubt that the unanimity with which that decision will be expressed will be such as to inspire new confidence in republican institutions, and that the prudence,

278 CHAPTER 10 THE JACKSONIAN ERA, 1828-1840

the wisdom, and the courage which it will bring to their defense will transmit them unimpaired and invigorated to our children.

May the Great Ruler of Nations grant that the sig- nal blessings with which He has favored ours may not, by the madness of party or personal ambition, be disregarded and lost; and may His wise providence bring those who have produced this crisis to see the folly before they feel the misery of civil strife, and inspire a returning veneration for that Union which, if we may dare to penetrate His designs, He has cho- sen as the only means of attaining the high destinies to which we may reasonably aspire.

* * *

REVIEW QUESTIONS

1. Did Jackson persuasively refute each of the points presented by the South Carolina nu Iii fica tionists?

2. Why did Jackson believe that the interpretation of the Constitution as a state compact was incor- rect? How did his perspective affect his view of secession?

3. Which branch of the national government did he indicate was the ultimate expression of the people's will? How does that help explain why he wielded the powers of his office as he did?

FRANCES TROLLOPE

FROM City of Washington ... Indians (1830)

The United States attracted foreign observers as well as immigrants as the republic continued to grow. One of those visitors was Englishwoman Frances Trollope (1779-1863). Actually Trollope, with three of her children in tow, arrived at New Orleans in December 1827 as a temporary immigrant escaping financial ruin in England and hoping to find refuge and a way to repair the family's fortunes. Trollope traveled up to Cincinnati where she decided to establish a "bazaar," an emporium that was to have the finest merchandise and extravagant exhibits. She set out to sell culture to the frontier market town, but the gentlewoman-and her husband, who joined her briefly-showed once again that she was more used to spending than making money. Failures pushed her east and then eventually back to England.

Yet America provided Trollope with another opportunity to vend culture. As she traveled, she filled notebooks with her observations of the United States and its inhab- itants. Although these initially may have been only private reflections, by the time she headed east she was probably already thinking of turn ing her notes into a book. Thoughts of a public audience as well as traveling through more settled areas may have led her to find some praiseworthy aspects of American life and scenery, but biting critiques still marked the final product: Domestic Manners of the Americans. Trol- lope returned to England in the summer of 1831 and published what would be the first of many books (the others mostly novels) the following spring. English readers cele- brated her account of the greedy and graceless New World; American ones did not.

From "City of Washington . . . Indians," in Domestic Manners of the Americans, Vol. II (London: Whittaker, Treacher, & Co., 1832), pp. 3-14.

I was deligl ington; ligh of our fa sh laughed at because the enormous s has been as ing in the I original des1 extensive, ha all that has · the base of \ extends a stn on each side splendid sho_ sylvania Ave1 the end of it i dent; conven various publi commodious where grass a of the princiJ and not far frc the quarter c handsome dw the foreign mi of the city ar sight of the re a person who the country, a new manufac new towns, a1 as it were, fro appearance o into life and SJ toric interest.

Commerce handsome citie to an individu, ton may be sci cities as Philac considered it ; growing popul possesses featu nity as such.

FRANCES TROLLOPE: FROM City of Washington . . . Indians (1830) 279

* * * delighted with the whole aspect of Wash- ; light, cheerful, and airy, it reminded me

- · fashionable watering-places. It has been -ed at by foreigners, and even by natives,

e the original plan of the city was upon an ·~ous scale, and but a very small part of it

en as yet executed. But I confess I see noth- ~ the least degree ridiculous about it; the ~al design, which was as beautiful as it was

0 ive, has been in no way departed from, and -at has been done has been done well. From

e of the hill on which the capitol stands s a street of most magnificent width, planted

.:h side with trees, and ornamented by many -.did shops. This street, which is called Penn-

ia Avenue, is above a mile in length, and at -~d of it is the handsome mansion of the Presi-

conveniently near to his residence are the s public offices, all handsome, simple, and

.::nodious; ample areas are left round each, e grass and shrubs refresh the eye. In another

-e principal streets is the general post-office, t far from it a very noble town-hall. Towards

uarter of the President's house are several ·ome dwellings, which are chiefly occupied by reign ministers. The houses in the other parts

-e city are scattered, but without ever losing - · of the regularity of the original plan; and to _,Jon who has been travelling much through :ountry, and marked the immense quantity of

manufactories, new canals, new rail-roads, owns, and new cities, which are springing,

· were, from the earth in every part of it, the earance of the metropolis rising gradually :ife and splendour, is a spectacle of high his-

._.:: interest. Commerce had already produced large and

- .~rome cities in America before she had attained individual political existence, and Washing-

may be scorned as a metropolis, where such t'S as Philadelphia and New York exist; but I sidered it as the growing metropolis of the dng population of the Union, and it already

sesses features noble enough to sustain its dig- as such.

The residence of the foreign legations and their families gives a tone to the society of this city which distinguishes it greatly from all others. It is also, for a great part of the year, the residence of the sena- tors and representatives, who must be presumed to be the elite of the entire body of citizens, both in respect to talent and education. This cannot fail to make Washington a more agreeable abode than any other city in the Union.

The total absence of all sights, sounds, or smells of commerce, adds greatly to the charm. Instead of drays you see handsome carriages; and instead of the busy bustling hustle of men, shuffling on to a sale of"dry goods" or "prime broad stuffs," you see very well-dressed personages lounging leisurely up and down Pennsylvania Avenue.

Mr. Pishey Thompson, the English bookseller, with his pretty collection of all sorts of pretty liter- ature, fresh from London, and Mr. Somebody, the jeweller, with his brilliant shop full of trinkets, are the principal points of attraction and business. What a contrast to all other American cities! The members, who pass several months every year in this lounging easy way, with no labour but a little talking, and with the douceur of eight dollars a day to pay them for it, must feel the change sadly when their term of public service is over.

There is another circumstance which renders the evening parties at Washington extremely unlike those of other places in the Union; this is the great majority of gentlemen. The expense, the trouble, or the necessity of a ruling eye at home, one or all of these reasons, prevents the mem- bers' ladies from accompanying them to Wash- ington; at least, I heard of very few who had their wives with them. The female society is chiefly to be found among the families of the foreign min- isters, those of the officers of state, and of the few members, the wealthiest and most aristo- cratic of the land, who bring their families with them. Some few independent persons reside in or near the city, but this is a class so thinly scat- tered that they can hardly be accounted a part of the population.

But, strange to say, even here a theatre cannot be supported for more than a few weeks at a time. I

280 CHAPTER 10 THE JACKSONIAN ERA, 1828-1840

was told that gambling is the favourite recreation of the gentlemen, and that it is carried to a very considerable extent; but here, as elsewhere within the country, it is kept extremely well out of sight. I do not think I was present with a pack of cards a dozen times during more than three years that I remained in the country. Billiards are much played, though in most places the amusement is illegal. It often appeared to me that the old women of a state made the laws, and the young men broke them.

Notwithstanding the diminutive size of the city, we found much to see, and to amuse us.

The patent office is a curious record of the fer- tility of the mind of man when left to its own resources; but it gives ample proof also that it is not under such circumstances it is most usefully employed. This patent office contains models of all the mechanical inventions that have been produced in the Union, and the number is enor- mous. I asked the man who shewed these, what proportion of them had been brought into use, he said about one in a thousand; he told me also, that they chiefly proceeded from mechanics and agri- culturists settled in remote parts of the country, who had began by endeavouring to hit upon some contrivance to enable them to get along without sending some thousand and odd miles for the thing they wanted. If the contrivance succeeded, they generally became so fond of this offspring of their ingenuity, that they brought it to Wash- ington for a patent.

At the secretary of state's office we were shown autographs of all the potentates with whom the Union were in alliance; which, I believe, pretty well includes all. To the parchments bearing these royal signs manual were appended, of course, the official seals of each, enclosed in gold or silver boxes of handsome workmanship: I was amused by the manner in which one of their own, just pre- pared for the court of Russia, was displayed to us, and the superiority of their decorations pointed out. They were superior, and in much better taste than the rest; and I only wish that the feeling that induced this display would spread to every corner of the Union, and mix itself with every act and

with every sentiment. Let America give a fair portion of her attention to the arts and the graces that embellish life, and I will make her another visit, and write another book as unlike this as possible.

* * * The bureau for Indian affairs contains a room of great interest: the walls are entirely covered with original portraits of all the chiefs who, from time to time, have come to negotiate with their great father, as they call the President. These portraits are by Mr. King, and, it cannot be doubted, are excellent likenesses, as are all the portraits I have ever seen from the hands of that gentleman. The countenances are full of expression, but the expres- sion in most of them is extremely similar; or rather, I should say that they have but two sorts of expressions; the one is that of very noble and warlike daring, the other of a gentle and naive simplicity, that has no mixture of folly in it, but which is inexpressibly engaging, and the more touching, perhaps, because at the moment we were looking at them, those very hearts which lent the eyes such meek and friendly softness, were wrung by a base, cruel, and most oppressive act of their great father.

We were at Washington at the time that the measure for chasing the last of several tribes oflndi- ans from their forest homes, was canvassed in con- gress, and finally decided upon by the fiat of the President. If the American character may be judged by their conduct in this matter, they are most lam- entably deficient in every feeling of honour and integrity. It is among themselves, and from them- selves, that I have heard the statements which repre- sent them as treacherous and false almost beyond belief in their intercourse with the unhappy Indians. Had I, during my residence in the United States, observed any single feature in their national character that could justify their eternal boast of liberality and the love of freedom, I might have respected them, however much my taste might have been offended by what was peculiar in their manners and customs. But it is impossible for any mind of common honesty not to be revolted by the

contradictions inveigh against as they say, th the weak. You Congress, roar drawing-room anathematized look at them a hand hoisting flogging their lecturing their man, and the children of the selves to protec

cumstances people, it was

The dresc~

very excellent productions c ing clearly th.::. zation. Incle, their expulsi so peculiarly · rapidly to the longer those

Pn a

JOHN Ross : rn oM The Chief's Annual Message (1831) 281

dictions in their principles and practice. They .::-h against the governments of Europe, because,

- ~· say, they favour the powerful and oppress eak. You may hear this declaimed upon in

;ress, roared out in taverns, discussed in every · ;.ng-room, satirized upon the stage, nay, even -ematized from the pulpit: listen to it, and then

t them at home; you will see them with one _ .10isting the cap of liberty, and with the other z:ng their slaves. You will see them one hour rtng their mob on the indefeasible rights of and the next driving from their homes the

~en of the soil, whom they have bound them- -- to protect by the most solemn treaties.

* * *

e were many objects of much interest shewn us Indian bureau; but, from the peculiar cir-

" ances of this most unhappy and ill-used .e, it was a very painful interest.

-:be dresses worn by the chiefs when their .:aits were taken, are many of them splendid, the embroidery of beads and other ornaments; ,he room contains many specimens of their

__ .,uity, and even of their taste. There is a glass in the room, wherein are arranged specimens rked muslin, and other needle-work, some

excellent hand-writing, and many other little ctions of male and female Indians, all prov-

:,early that they are perfectly capable of civili- n. Indeed, the circumstance which renders

: expulsion from their own, their native lands, eculiarly lamentable, is, that they were yielding .:ly to the force of example; their lives were no

=er those of wandering hunters, but they were

JOHN

becoming agriculturists, and the tyrannical arm of brutal power has not now driven them, as for- merly, only from their hunting grounds, their favourite springs, and the sacred bones of their fathers, but it has chased them from the dwellings their advancing knowledge had taught them to make comfortable; from the newly-ploughed fields of their pride; and from the crops their sweat had watered. And for what? To add some thousand acres of territory to the half-peopled wilderness which borders them.

* * *

REVIEW QUESTIONS

1. Why was Trollope delighted with Washington? Did her compliments indicate what she found less than delightful in other American towns and cities?

2. What did she find to be missing in Washington? What did she say that indicated about society there?

3. Trollope used trips to the patent and secretary of state's offices to comment about America's mechanical versus artistic attentions. What did she conclude from the comparison?

4. After looking at some artifacts and portraits in the Bureau for Indian Affairs, what did Trollope generalize about Native Americans?

5. What did she think about American officials and citizens and their conduct toward Native Americans? What did she believe this conduct indicated about "the American character"?

Ros s

FR O M The Chief's Annual Message (1831)

President Andrew Jackson and the state of Georgia wanted the Cherokees to move for a number of reasons: they desired Cherokee land, which encompassed not only rich soil for crops but deposits of gold as well; they deemed the Indian s to be a threat to

282 CHAPTER 10 THE JACKSONIAN ERA, 1828-1840

state and national security; and they believed the old "civilization" or assimila- tion program to have failed. In terms of the Cherokee Nation, the old program had not really failed, though it had not worked quite as the earlier administra- tions had planned. The Cherokee Nation had become what most white Americans recognized as a civilized tribe, but it had adopted and adapted facets of European-American civilization to suit its needs instead of simply assimilating into that engrossing culture. One of the concepts that the Cherokees adopted was that of constitutional government. In 1827 they wrote their own constitution, which established a chief executive, a bicameral legislature, and a judiciary. John Ross, a man grown wealthy through his trade and agricultural enterprises and who had been active in Cherokee public affairs since 1816, became their first chief elected under this constitution. In this capacity he tried to get federal intervention on the behalf of his nation against the state of Georgia. That state believed that it did, or should have, title to the Indian lands under the Compact of 1802. Upon that stand, Georgia passed legislation that ignored Cherokee tribal rights as part of a strategy to drive the Cherokees off their lands and, if possible, out of the state. Ross appealed first to the president and then to the Supreme Court in Cherokee Nation v. Georgia.

"The Chief's Annual Message," republished with permission of University of Oklahoma Press, from The Papers of Chief John Ross Vol. 1, edited by Gary E. Moulton, pp. 224-30. Copyright © 1985 by the University of Oklahoma Press; permission conveyed through Copyright Clearance Center, Inc. [Editorial insertions that appear in square brackets are from Moulton-Ed.]

~·1 ...... ~

Chattoga, Cher. Nation, Friends and Fellow Citizens Oct. 24, 1831

* * ,..

It will be recollected that the President of the United States [Andrew Jackson], at an early day after his induction into office, made us a declara- tory and positive assurance that so far as we had rights we should be protected in them, and that "an interference to the extent of affording protection to the Cherokees, and the occupancy of their soil, is what is demanded of the justice of the U.S. and will not be withheld;" and that "the intruders would be removed." After the promulgation of this assur- ance, detachments of the Federal troops were ordered within our territorial limits. This move- ment was hailed with joy and approbation on our part, under the sanguine hope that the protection which had so recently been promised us by Pres't Jackson was now to be afforded. But to our aston- ishment and disappointment the troops were soon found employed under the orders of their superi-

ors, in preventing our citizens from working gold mines, belonging to this nation, and thereby treat- ing them as trespassers upon their own soil. And on being requested by the Governor of Georgia [George R. Gilmer], with the assurance that "whatever measures may be adopted by the State of Georgia in relation to the Cherokees, the stron- gest desire will be felt to make them accord with the policy which has been adopted by the present administration of the General Government," the President ordered these troops to be withdrawn from our territory! Thus the military of the United States figured and decamped before our eyes without affording that protection which we had a right to expect, and which had so recently been pledged, leaving undisturbed the numerous intruders who have settled down upon our lands on the frontiers of Georgia and other adjacent states. Immediately after this , Georgia, under her own authority, levied a military force, which is known by the appelation of the "Georgia Guard," and stationed it in this nation, at the encampment

which had bee~ United States tr

The numer, United States entered into, a part of the Sta thereof; and the law of the land," be bound thereb laws of any state In reference to t tion I may well most eminent Ju· plainer or can w, guage of an H opinion from th ago, in favor of to land reserve between the C-. against the title - gia by certain ci'

The Judicial r equity, arising u the U. States, an - made under their into any treaty, any law impair and Congress al, commerce with ~ states and with face of all these treaties made wi enacted by Cone for our protecti the General Gov~ recklessness of

ary to pass law laws of the Unit perplexing and able oppression, I our lands for her - country into di" intruders upon peace has levied • them in service

JOHN Ross: FROM The Chief's Annual Message (1831) 283

.:h had been established and vacated by the ed States troops.

The numerous subsisting treaties between the ed States and this nation were negotiated, red into, and constitutionally ratified on the of the States by the competent authorities

"of; and they compose a part of "the supreme _f the land," and "the judges in every state shall und thereby, any thing in the constitution or of any state to the contrary notwithstanding."

e!erence to this clause of the Federal Constitu- I may well borrow an expression of one of the · eminent Judges of Georgia, "can language be ..,er or can words be stronger." Such was the lan- =-e of an Honorable Judge in delivering an ~ion from the bench in that state some years

in favor of some individuals who claimed title and reserved to them by the treaty of 1819, ·een the United States and this nation, & nst the title claimed under a grant from Gear- y certain citizens thereof.

The Judicial power extends to all cases in law & ~ty, arising under the constitution, the laws of ~-. States, and treaties made, or which shall be ~e under their authority; and no state can enter

any treaty, alliance or confederation, or pass law impairing the obligation of contracts;

~ Congress alone possesses the power to regulate -:unerce with foreign nations, among the several ~es and with the Indian tribes. Here then, in the e of all these constitutional provisions, all the ties made with the Cherokee Nation and the laws ~ted by Congress in the spirit of those treaties our protection, the present administration of General Government, has tolerated Ga. in the

" 1essness of her own glory and reputation, to rch across the line of her constitutional bound- to pass laws repugnant to those treaties and of the United States for the express object of

• lexing and distressing our citizens by intoler- e oppression, that we may be forced to surrender ~ lands for her benefit. Georgia has surveyed our ntry into districts-she has placed numerous

ruders upon our soil, and in time of profound -ce has levied troops, and still continues to keep m in service. Those troops without civil pre-

cepts have arrested our citizens at the point of the bayonet, marched them over the country with chains around their necks, and without trials have imprisoned them in a jail at their military station! Missionaries of the cross, who under the approba- tion of the authorities of the General Government were sent hither by the benevolence of religious associations, to instruct the Cherokees in the pre- cepts of the Gospel and the arts of civilization, and who have met a welcome reception in this nation, and were successfully prosecuting the objects of their laudable and peaceful mission, have also been cruelly torn from their families and ministerial charge and similarly treated! Two of these worthy and inoffensive men [Samuel Worcester and Elizur Butler], who had been delivered over to the civil authority of Georgia, under the charge merely of residing in this Nation, and refusing to comply with a law of that state which goes to infringe upon the rights and liberties guaranteed to every free and loyal citizen under the constitution of the United States, have been sentenced by Judge [Augustin S.] Clayton to the penitentiary of Georgia, there to endure hard labor for the term of four years.

Being fully convinced that President [George] Washington and his successors well understood the constitutional powers of the General Govern- ment, and the rights of the individual states, as well as those belonging to the Indian Nations, and that the treaties made under their respective administrations with the Cherokee Nation were intended to be faithfully & honestly regarded on the part of the United States; and that the judicial power would extend to all cases of litigation that might arise under those treaties; it was determined on the expediency of employing legal Counsel to defend the rights of the Nation before the Courts of the United States. Finding, however, that the Courts of Georgia were disposed to prevent as far as possible any case from going up to the Supreme Court of the United States, our counsel advised the propriety of trying the original jurisdiction of the Court by applying, in the character of a foreign state for an injunction to restrain Georgia, her offi- cers, citizens &c. from enforcing her laws within our territorial limits . Copies of the Bill for an

284 CHAPTER 10 THE JACKSONIAN ERA, 1828-1840

injunction, and notice of the intended motion were accordingly served upon the Governor and Attor- ney General of that state. On the 5th of March last the motion was made by John Sergeant Esqr, who also delivered an able speech in favor of the appli- cation. William Wirt, Esqr, concluded with equal ability and force of argument on the same side. No counsel appeared on the part of Georgia but some of her representatives in Congress and other friends attended the Court and anxiously awaited the deci- sion. The Court denied the injunction on the ground that the Cherokee Nation was not a foreign state in the sense of the Constitution. A majority, however, decided that "the Cherokees are a distinct political society, separate from others, capable of managing its own affairs and governing itself,["] and that the acts of the United States Government plainly recognized the Cherokee Nation as a state and the courts are bound by these acts. The Hon- orable Judges [Smith] Thompson and [Joseph] Story dissented from the majority-in a part of their opinion, and gave a very able and luminous opinion in favor of the jurisdiction of the Court and awarding the injunction. There can be no doubt that a majority of the Judges of the Supreme Court holds the law of Georgia extending jurisdic- tion within our limits to be unconstitutional, and whenever a case between proper parties can be brought before them, they will so decide ...

* * *

By innumerable acts of injustice and oppression, the rights, liberties and lives our Citizens, have been threatened and jeopardized; and after placing our citizens almost in a state of duresse, the Presi- dent has been induced by the urgent solicitations of Governor Gilmore [Gilmer], to send into the Nation special agents for the purpose of urging our Citizens to enroll their names for emigration west of the Mississippi river. These Agents are now in the Nation, and a part of them have been seen con- versing with a few individuals at their houses, but with no success. By fair and honorable means there can be no danger as it regards the sentiments and disposition of our people on this subject. It is said

their fears and credulity are to be operated upon- how far this may be true time will soon develope- at all events, by the admission of Governor Gilmer, the people are no longer afraid of their chiefs, nor under the influence of white men, and that they will now think and act for themselves by emigration. When this project fails it is not known to what cause the failure will be imputed, as our opponents seem determined not to believe the truth, that the opposition of the Cherokees is owing purely to a correct sense of their rights, and to their love of country.

Much has been said from time to time to make a false impression on the public mind in regard to our present controversy and difficulties with Geor- gia. There can be no subject easier understood than the true relationship between this Nation and the United States; nor the justness of any cause more obvious than ours when fairly investigated. The expediency of removing of our Nation west of the Mississippi has also been urged upon the incompatibility of permitting an independent Gov- ernment to grow up within the limits of the United States. A correct understanding of our Treaties with the United States will show the absurdity of this argument and remove all fears of the possibil- ity of any evil ever arising to any one of the States from our present location. A weak defenceless community as we are, forming an alliance with, and placed in the heart of so powerful a Nation as the United States, and having surrendered a portion of our sovereignty, as a security for our protection, and our intercourse being confined exclusively with our protector, must necessarily produce that identity of interest and bond of friend- ship so natural to the ties of such an alliance. Something has also been said on the score of the public defence. It is true our population at present is small, but it is increasing as rapidly as could be expected. And have not the Cherokees at all times been ready to meet the common foe of the United States? Did they not sufficiently prove to the world their disposition on this subject during the last war? Did they not meet and fight the enemy as became warriors? Let the gallant commander, who

now admini Government under the fo

unnatural cla our peaceful fathers. By su ture the arts every section hastened wh family of the .- by every patr. grateful rejoi the prospect for our paste, enjoyments, : treaties in o hand, by a re

ministers the affairs of the United States ment answer. Situated, therefore, as we are ·he fostering care and protection of a mag- ous Government, there is every reason to

the hope that, under the auspices of a kind __ nerous administration, time would soon put

me and lull to silence all the sophistry and ural clamour so boisterously paraded against aceful continuance upon the land of our

-s. By suitable encouragement and proper cul- he arts and sciences would soon flourish in

ection of our Nation, & the happy period be ned when an incorporation into the great · of the American Republic would be greeted

·ery patriot, & posterity hail the event with :ul rejoicings. May such ever be the views and

~rospects to guide us in our efforts to secure r posterity the inestimable advantages and

·ments, rights, and liberties, guarantied by es in our present location. On the other

.:. by a removal West of the Mississippi, under

FROM Worcester v. Georgia (1832) 285

the policy of the present administration of the General Government, to a barren and inhospita- ble region, we can flatter ourselves with no other prospect than the degradation, dispersion and ultimate extinction of our race.

* * *

REVIEW QUESTIONS

1. Did Ross charge Georgia with violations of the Cherokee constitution or the U.S. Constitution? What evidence did he present?

2. Of what did he accuse the U.S. government? 3. What measures did the Cherokee Nation take

to protect and promote its interests? 4. Was Ross optimistic or pessimistic about his

nation's chances for redress and the retention of their property? Explain.

FROM Worcesterv. Georgia (1832)

In Cherokee Nation v. Georgia, the Supreme Court refused to rule on the issue being disputed, that of the enforcement of state law within Cherokee territory, because, as Ross mentioned in his 1831 annual message, the Court did not deem the Cherokee Nation to be a foreign nation that could, as stated in the Constitution, bring a case before it. Chief Justice John Marshall referred to the Cherokee nation as a "domestic dependent nation ." Yet even as that case closed, another opened. Georgia had required that whites living in Cherokee territory get a license to reside there and take an oath of allegiance to the state. In July the Georgia Guard arrested eleven mis- sionaries who had refused to do so. Eventually nine of the missionaries either took the oath or left the state, but Samuel Worcester and Elizur Butler, who continued to refuse, were sentenced to four years of hard labor by a state court. They appealed their cases up to the Supreme Court, which in March 1832 ruled on Worcester's case and then extended its decision to Butler's.

From Worcester v. Georgia, 31 U.S. 515 (1832). [Editorial insertions appear in square brackets-Ed.]

286 CHAPTER 10 THE TACKSONIAN ERA, 1828- 1840

Mr. ChiefJustice Marshall delivered the opinion of the Court.

This cause, in every point of view in which it can be placed, is of the deepest interest.

The defendant is a state, a member of the Union, which has exercised the powers of government over a people who deny its jurisdiction, and are under the protection of the United States.

The plaintiff is a citizen of the state of Ver- mont, condemned to hard labour for four years in the penitentiary of Georgia; under colour of an act which he alleges to be repugnant to the Constitution, laws, and treaties of the United States ....

The indictment charges the plaintiff in error, and others, being white persons, with the offence of "residing within the limits of the Cherokee nation without a license," and "without having taken the oath to support and defend the constitution and laws of the state of Georgia."

The defendant in the state Court appeared in proper person, and filed the following plea:

" . .. Samuel A. Worcester, in his own proper person, comes and says, that this Court ought not to take further cognisance of the action and prose- cution aforesaid, because, he says, that, on the 15th day of July, in the year 1831, he was, and still is, a resident in the Cherokee nation; and that the said supposed crime or crimes, and each of them, were committed, if committed at all, at the town of New Echota, in the said Cherokee nation, out of the jurisdiction of this Court, and not in the county Gwinnett, or elsewhere, within the jurisdiction of this Court: and this defendant saith, that he is a citizen of the state of Vermont, one of the United States of America, and that he entered the afore- said Cherokee nation in the capacity of a duly authorized missionary of the American Board of Commissioners for Foreign Missions, under the authority of the President of the United States, and has not since been required by him to leave it: that he was, at the time of his arrest, engaged in preach- ing the gospel to the Cherokee Indians, and in translating the sacred Scriptures into their lan- guage, with the permission and approval of the said Cherokee nation, and in accordance with the

humane policy of the government of the United States for the civilization and improvement of the Indians; and that his residence there, for this pur- pose, is the residence charged in the aforesaid indictment: and this defendant further saith, that this prosecution the state of Georgia ought not to have or maintain, because, he saith, that several treaties have, from time to time, been entered into between the United States and the Cherokee nation of Indians .... all which treaties have been duly ratified by the Senate of the United States of America; and, by which treaties, the United States of America acknowledge the said Chero- kee nation to be a sovereign nation, authorized to govern themselves, and all persons who have set- tled within their territory, free from any right of legislative interference by the several states com- posing the United States of America, in reference to acts done within their own territory; and, by which treaties, the whole of the territory now occu- pied by the Cherokee nation, on the east of the Mis- sissippi, has been solemnly guarantied to them; all of which treaties are existing treaties at this day, and in full force .... "

This plea was overruled by the [Georgia] Court. And the prisoner being arraigned, plead not guilty. The jury found a verdict against him, and the Court sentenced him to hard labour, ...

The indictment and plea in this case draw in question, we think, the validity of the treaties made by the United States with Cherokee Indians; if not so, their construction is certainly drawn in ques - tion; and the decision has been, if not against their validity, "against the right, privilege, or exemption, specially set up and claimed under them." They also draw into question the validity of a statute of the state of Georgia, "on the ground of its being repugnant to the Constitution, treaties, and laws of the United States, and the decision is in favour of its validity .... "

It has been said at the bar, that the acts of the legislature of Georgia seize on the whole Cherokee country, parcel it out among the neighbouring counties of the state, extend her code over the whole country, abolish its institutions and its laws, and annihilate its political existence.

If this be inquire into t section on wl

It enacts t the limits of March next, license or pe1 or from sud shall authori who shall n required, sh and, upon cc confinement a term not le

The elev1 should he d1 the mines, c within the C a guard," &c

The thir guard or an are hereby a person legal tion of the J; as practicab tice of the p inferior Cot ing to law."

The ext: being limit( jects, the V( jurisdictior rights and J

The fin Constitutic examinatic

Americ was inhabi separate m the rest of own, and f It is diffict the inhabil have right! inhabitant occupied;

If this be the general effect of the system, let us _uire into the effect of the particular statute and --ion on which the indictment is founded.

It enacts that "all white persons residing within limits of the Cherokee nation on the 1st day of ch next, or at any time thereafter, without a

.:cnse or permit from his excellency the governor, :"Tom such agent as his excellency the governor

authorize to grant such permit or license, and · o shall not have taken the oath hereinafter .:;_aired, shall be guilty of a high misdemeanor, · .:. upon conviction thereof, shall be punished by - iinement to the penitentiary, at hard labour, for ""rm not less than four years." The eleventh section authorizes "the governor, uld he deem it necessary for the protection of

~ mines, or the enforcement of the laws in force iin the Cherokee nation, to raise and organize

_:iard," &c. The thirteenth section enacts, "that the said

_.,rd or any member of them, shall be, and they ·c hereby authorized and empowered to arrest any . -son legally charged with or detected in a viola- ~ of the laws of this state, and to convey, as soon ~racticable, the person so arrested, before a jus-

. :c of the peace, judge of the Superior, or justice of ·rior Court of this state, to be dealt with accord-

- .olaw." The extra-territorial power of every legislature

. ~g limited in its action to its own citizens or sub- .;s, the very passage of this act is an assertion of

diction over the Cherokee nation, and of the _:its and powers consequent on jurisdiction.

The first step, then, in the inquiry, which the _,Jtitution and laws impose on this Court, is an :nination of the rightfulness of this claim. .\merica, separated from Europe by a wide ocean,

- inhabited by a distinct people, divided into _ arate nations, independent of each other and of

rest of the world, having institutions of their --::i, and governing themselves by their own laws. s difficult to comprehend the proposition, that

., inhabitants of either quarter of the globe could . e rightful original claims of dominion over the

abitants of the other, or over the lands they .:upied; or that the discovery of either by the

FROM Worcester v. Georgia (1832) 287

other should give the discoverer rights in the coun- try discovered, which annulled the pre-existing right of its ancient possessors ....

The Indian nations had always been considered as distinct, independent political communities, retaining their original natural rights, as the un- disputed possessors of the soil, from time immemo- rial, with the single exception of that imposed by irresistible power, which excluded them from inter- course with any other European potentate than the first discoverer of the coast of the particular region claimed; and this was a restriction which those Euro- pean potentates imposed on themselves, as well as on the Indians. The very term "nation," so generally applied to them, means "a people distinct from others." The Constitution, by declaring treaties already made, as well as those to be made, to be the supreme law of the land, has adopted and sanctioned the previous treaties with the Indian nations, and consequently admits their rank among those pow- ers who are capable of making treaties. The words "treaty" and "nation" are words of our own language, selected in our diplomatic and legislative proceed- ings, by ourselves, having each a definite and well understood meaning. We have applied them to Indi- ans, as we have applied them to the other nations of the earth. They are applied to all in the same sense.

Georgia, herself, has furnished conclusive evidence that her former opinions on this subject concurred with those entertained by her sister states, and by the government of the United States. Various acts of her legislature have been cited in the argu- ment, including the contract of cession made in the year 1802, all tending to prove her acquiescence in the universal conviction that the Indian nations possessed a full right to the lands they occupied, until that right should be extinguished by the United States, with their consent: that their territory was separated from that of any state within whose chartered limits they might reside, by a boundary line, established by treaties: that, within their bound- ary, they possessed rights with which no state could interfere; and that the whole power of regulating the intercourse with them was vested in the United States. A review of these acts, on the part of Georgia, would occupy too much time, and is the less

288 CHAPTER 10 THE JACKSONIAN ERA, 1828-1840

necessary, because they have been accurately detailed in the argument at the bar. Her new series of laws, manifesting her abandonment of these opinions, appears to have commenced in December, 1828.

In opposition to this original right, possessed by the undisputed occupants of every country; to this recognition of that right, which is evidenced by our history, in every change through which we have passed; is placed the charters granted by the mon- arch of a distant and distinct region, parcelling out a territory in possession of others whom he could not remove and did not attempt to remove, and the ces- sion made of his claims by the treaty of peace.

The actual state of things at the time, and all history since, explain these charters; and the King of Great Britain, at the treaty of peace, could cede only what belonged to his crown. These newly asserted titles can derive no aid from the articles so often repeated in Indian treaties; extending to them, first, the protection of Great Britain, and afterwards that of the United States. These articles are associated with others, recognising their title to self-government. The very fact of repeated treaties with them recognises it; and the settled doctrine of the law of nations is, that a weaker power does not surrender its independence-its right to self- government, by associating with a stronger, and taking its protection. A weak state, in order to pro- vide for its safety, may place itself under the protec- tion of one more powerful, without stripping itself of the right of government, and ceasing to be a state. Examples of this kind are not wanting in Europe. "Tributary and feudatory states," says Vattel, "do not thereby cease to be sovereign and independent states, so long as self-government and sovereign and independent authority are left in the administration of the state." At the present day, more than one state may be considered as holding its right of self-government under the guarantee and protection of one or more allies.

The Cherokee nation, then, is a distinct com- munity, occupying its own territory, with bound- aries accurately described, in which the laws of Georgia can have no force, and which the citizens of Georgia have no right to enter, but with the assent of the Cherokees themselves, or in confor-

mity with treaties, and with the acts of Congress. The whole intercourse between the United States and this nation, is, by our Constitution and laws, vested in the government of the United States.

The act of the state of Georgia, under which the plaintiff in error was prosecuted, is consequently void, and the judgment a nullity. Can this Court revise and reverse it?

If the objection to the system of legislation, lately adopted by the legislature of Georgia, in rela- tion to the Cherokee nation, was confined to its extra-territorial operation, the objection, though complete, so far as respected mere right, would give this Court no power over the subject. But it goes much further. If the review which has been taken be correct, and we think it is, the acts of Georgia are repugnant to the Constitution, laws, and trea- ties of the United States.

They interfere forcibly with the relations estab- lished between the United States and the Cherokee nation, the regulation of which, according to the settled principles of our Constitution, are commit- ted exclusively to the government of the Union.

They are in direct hostility with treaties, repeated in a succession of years, which mark out the boundary that separates the Cherokee country from Georgia; guaranty to them all the land within their boundary; solemnly pledge the fait h of the United States to restrain their citizens from tres- passing on it; and recognise the pre-existing power of the nation to govern itself.

They are in equal hostility with the acts of Con- gress for regulating this intercourse, and giving effect to the treaties.

The forcible seizure and abduction of the plain- tiff in error, who was residing in the nation with its permission, and by authority of the President of the United States, is also a violation of the acts which authorize the chief magistrate to exercise this authority. ...

It is the opinion of this Court that the judgment of the Superior Court for the county of Gwinnett, in the state of Georgia, condemning Samuel A. Worcester to hard labour in the penitentiary of the state of Georgia, for four years, was pronounced by that Court under colour of a law which is void, as

being repug laws of the 1 be reversed ,

1. What was 2. Did the C

fully clairr

-g repugnant to the Constitution, treaties, and of the United States, and ought, therefore, to

-~versed and annulled.

REVIEW QUESTIONS

:hat was Worcester's defense? :Jid the Court believe that Georgia could right- ·'illy claim jurisdiction over the Cherokee Nation

FROM Worcester v. Georgia (1832) 289

on the basis of historical discovery and settle- ment? Why or why not?

3. Did the Court accept Georgia's contention that Indians had ceded their sovereignty in the charters or treaties they had made? Why or why not?

4. How did Marshall show that there were degrees of sovereignty-that this case was not predi- cated on a simple matter of having sovereignty or not having it?

INTERPRETING VISUAL SOURCES:

PICTURING DEVELOPMENT VERSUS NATURE

290

A picture of nature may not merely record an expanse of scenery; it may also rep-

resent an intellectual image. In such a case the artists depict not only what is seen

by the eye but what is felt or believed by the heart and mind. Interpreting such a

source as artwork, therefore, requires not only a visual examination of the pic-

ture and a knowledge of the method by which it was created but also an under-

standing of the context in which it was created and that it represents. That

representation of context-of a particular place, person, idea, or sentiment- is of

prime importance for a student of history. A picture for an artist may be a

matter of "what is," but for an historian it is a matter of "what was."

Drawings and paintings are material remains that present another form of

historical documentation. Historians tend to concentrate on deciphering the

written evidence of the past, but they find that attention to other kinds of evidence deepens their understanding of that past. Writings themselves can be

interpreted as material artifacts: one need only take the time to look at the paper,

ink, and even formation of the letters. When examined in their original forms,

written sources physically manifest the past in the way they look, feel, and smell.

Some people like to examine physical remnants because such things help them

picture the worlds that the words describe. Material artifacts, which include

clothing and jewelry, pottery and porcelain, glass and silver, needlework and fur-

niture, as well as architecture and art, are especially helpful when one tries to

visualize cultures that existed before photographic records.

Just as Americans today like to take pictures of their new cars and houses

with their digital devices and then zip them out to friends and family, Americans

in the early nineteenth century enjoyed using and recording their personal and

technological advances. One of the new mechanical processes, as well as its prod- uct, was an early form of photography called the daguerreotype; but drawings,

engravings, and paintings were more common and easier to reproduce for public

consumption. Americans celebrated national development by hanging images of

their changing country in public buildings as well as in private homes and by

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inci

bra dirt WO~

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INTERPRETING VISUAL SOURCES: PICTURING DEVELOPMENT VERSUS NATURE 291

publishing them in books, newspapers, and magazines. It is interesting that at

the same time as they worshipfully depicted their technical feats, they also

increasingly revered the depiction of nature in artwork. As many Americans embraced the expansion of the nation's territory and cele-

brated the transformation of wilderness into farms, artisan shops into factories, and dirt roads into canals and railroads, others worried about how such development would affect the natural world and, in turn, the human psyche. Using oils, watercol- ors, and pen and ink, artists depicted Americans' enthusiasm for change and mastery of their world as well as the ramifications of their attempts to remodel their environ- ment. Their pictures provided a visual counterpoint to the images composed by the writers of the time.

292 INTERPRETING VISUAL SOURCES: PICTURING DEVELOPMENT VERS US NATURE

LOCKPORT-ERIE CANAL

From N. P. Willis , American Scenery. With 121 steelplate engravings from drawings by W. H. Bartlett. (Barre, MA: Imprint Society, 1971), pp. 160- 162. Photo: Bettmann/Corbis.

Lockport- Erie Canal

This town, so suddenly sprung into existence, is about thirty miles from Lake Erie, and exhibits one of those wonders of enterprise which astonish cal- culation. The waters of Lake Erie, which have come thus far without much descent, are here let down sixty feet by five double locks and thence pursue a perfectly level course, sixty-five miles, to Rochester. The remarkable thing at Lockport, however, is a

deep cut from here to the Torenanta Creek, seven miles in length, and partly through solid rock, at an average depth of twenty feet. The canal boat glides through this flinty bed, with jagged precipices on each side; and the whole route has very much the effect of passing through an immense cavern.

* * *

View of the Railroad to Utica (taken at Little Falls) 293

RAILROAD TO UTICA

From N. P. Willis, American Scenery: with 121 Steelplate Engravings from Drawings by W H. Bartlett (Barre, MA: Imprint Society, 1971), pp. 135-36. Photo: Granger Collection.

'iew of the Railroad to Utica (taken at Little Falls)

re the completion of the Railroad, when travel- o the West were contented with the philo-

~mc pace of the canal-boat, one might take up a d at Little Falls, and come fairly to the sequel by ·ime the steersman cried out "Bridge!" at Utica.

.re were fifteen miles between them in those -; but now (to a man of indistinct ideas of geog- ··Y, at least, and a traveller on the Railroad) they

are as nearly run together as two drops on the win- dow-pane. The intermediate distance is, by all the usual measurements of wear and time, annihilated.

All this is very pleasant to people in a hurry; and as most people in our busy country come under that category, it is a very pleasant thing for the white man altogether. There is a class of inhabitants [the Oneida] of the long valley of the Mohawk, however, of whose sufferings, by the advance of the white man's enterprise, this is not the first, though it may be the least, and last.

294 INTERPRETING VISUAL SOURCES : PICTURING DEVELOPM ENT VERSUS NATURE

PASSENGER PIGEON, ECTOPISTES MIGRATORIUS

From John James Audubon, Writings and Drawings (New York: Library of America, 1999), plate 15 & pp. 260-63, 267. Photo: Bettmann/Corbis.

Passenger Pigeon

The Passenger Pigeon, or, as it is usually named in America, the Wild Pigeon, moves with extreme rapidity, ... Like the Domestic Pigeon, it often flies, during the love season, in a circling manner. . ..

Their great power of flight enables them to sur- vey and pass over an astonishing extent of country in a very short time. This is proved by facts well known in America. Thus, Pigeons have been killed in the neighbourhood of New York, with their crops full of rice, which they must have collected in the fields of Georgia and Carolina, these districts being the nearest in which they could possibly have procured a supply of that kind of food ....

The multitudes of Wild Pigeons in our woods are astonishing .... [Audubon relates a trip that he

made in 1813 to Louisville, Kentucky. Over the course of his journey pigeons filled the air. When he reached Louisville the pigeons were still flying overhead and continued to do so for three days.] The banks of the Ohio were crowded with men and boys, incessantly shooting at the pilgrims, which there flew lower as they passed the river. Multitudes were thus destroyed. For a week or more, the pop- ulation fed on no other flesh than that of Pigeons, and talked of nothing but Pigeons ....

Persons unacquainted with these birds might naturally conclude that such dreadful havock would soon put an end to the species. But I have satisfied myself, by long observation, that nothing but the gradual diminution of our forests can accomplish their decrease, as they not unfre- quently quadruple their numbers yearly, and

always at le March 1830, I ofNewYork, direction. [B]

A F

May 3 (1843; After leaving [I the Indian coUJ the State of Mil River country, ther on the eas settlements. Wt the woods and passed; these ar miserable enou

May 18, Th all up at a quar tell us that fo1

- at least double it. ... In the month of -- 1830, they were so abundant in the markets

: York, that piles of them met the eye in every -:~on. [By the early twentieth century, there

AMERICAN BISON, BISON BISON

American Bison 295

were no more passenger pigeons to be found in the wild. The breeding of surviving captive birds was not successful. The last known passenger pigeon died at the Cincinnati Zoological Garden in 1914.]

From John James Audubon, Missouri River Journals (New York: Library of America, 1999), plate 64 and pp. 564,585, 588-89. Photo: Academy of Natural Sciences/Corbis.

American Bison

3 (1843; t raveling the Missouri River] .... - ,: leaving [Fort Leavenworth] we fairly entered

-ndian country on the west side of the river, for Aate of Missouri, by the purchase of the Platte e: country, continues for about 250 miles fur-

on the east side, where now we see the only ements. We saw a good number of Indians in ·oods and on the banks, gazing at us as we

ed; these are, however, partly civilized, and are ~rable enough .... . Jay 18, Thursday. Our good captain called us .:;p at a quarter before four this fair morning, to

;,is that fo ur barges had arrived from Fort

Pierre .... They had ten thousand Buffalo robes on the four boats; the men live entirely on Buffalo meat and pemmican. They told us that about a hundred miles above us the Buffalo were by thou- sands, that the prairies were covered with dead calves, and the shores [where too steep to be climbed easily by the animals] lined with dead of all sorts; that Antelopes were there also, and a great number of Wolves, etc . .. .

May 21, Sunday . . . . We have seen this day about fifty Buffaloes; two which we saw had taken to the river, with intent to swim across it, but on the approach of our thundering, noisy vessel, turned about and after struggling for a few minutes, did make out to reach the top of the bank, after which they travelled at a moderate gait for some hundreds

296 INTERPRETING VISUAL SOURCES: PICTURING DEVELOPMENT VERSUS NATURE

of yards; then, perhaps smelling or seeing the steamboat, they went off at a good though not very fast gallop, on the prairie by our side, and were soon somewhat ahead of us; .. .

May 22, Monday. ... We began seeing Buffa- loes again in small gangs, but this afternoon and evening we have seen a goodly number, probably more than a hundred. We also saw fifteen or twenty Antelopes. I saw ten at once, and it was beautiful to see them running from the top of a high hill down to its base, . .. The whole of the prairies as well as the hills have been so trampled by [Buffaloes] that I should have considered it quite unsafe for a man to travel on horseback. The ground was literally covered with their tracks, and also with bunches of hair, while the bushes and the trunks of the trees,

between which they had passed, were hanging with the latter substance ....

[Although these animals have been called buf- falo in American histories, their proper name is bison. By the mid-nineteenth century hundreds of thousands of bison were killed annually on the Great Plains. There may have been only a few hun- dred left by the 1890s. A few concerned individu- als founded the American Bison Society in 1905 and made Theodore Roosevelt the society's honor- ary president. Roosevelt, in turn, persuaded Con- gress to establish some wildlife preserves. By 1930 there were more than three thousand bison. Today they number in the hundreds of thousands with some protected on public lands and others bred privately.]

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Jou

1 Thomas Cole, Th pp. 3, 6. 2 John W. McCoub pp. lll-13.

Progress

The artist Thomas Cole (1801-1848) created powerful landscapes that presented a vision of unspoiled American wilderness that in turn suggested an unsullied spiri- tual state. He also wrote about the need for what he called the liberal arts (today defined as the fine arts) "to soften our manners" and "mend our hearts." In his "Essay on American Scenery" (American Monthly Magazine, January 1836), he wrote:

In this age, when a meagre utilitarianism seems ready to absorb every feeling and sentiment,

and what is sometimes called improvement in its march makes us fear that the bright and

tender flowers of the imagination shall all be crushed beneath its iron tramp, it would be well

to cultivate the oasis [meaning not just nature but "taste" or refinement] that yet remains to

us, and thus preserve the germs of a future and a purer system . ... The spirit of our society is

to contrive but not to enjoy-toiling to produce more toil-accumulating in order to aggran-

dize. The pleasures of the imagination, among which the love of scenery holds a conspicuous

place, will alone temper the harshness of such a state; and, like the atmosphere that softens

the most rugged forms of the landscape, cast a veil of tender beauty over the asperities of life.'

Cole's paintings and words inspired Asher B. Durand (1796-1886), and the two founded what became known as the Hudson River School of landscape art (for early members generally focused on that area). Cole may have been somewhat conflicted over the encroachment of civilization in both his country and scenes, but Durand and other artists in the school tended to paint Manifest Destiny in a good light. While they certainly extolled the beauty of nature with every brushstroke, the small human figures and elements betokening human industry that often appeared in their works indicated their belief that civilization could coexist with nature in America. Yet coexistence would be on man's terms. In the 1853 painting Progress, Durand essentially showed his own form of dominion over nature as well as documented human penetration of the wilderness and claims on the land.

Durand echoed Cole in touting nature's "influence on the mind and heart." He believed that nature's appearance, "apart from its wondrous structure and functions that minister to our well-being, is fraught with lessons of high and holy meaning, only surpassed by the light of Revelation." Such sentiments showed that Durand was a col- league not just of painters such as Cole, but of writers such as Ralph W a/do Emerson. He also showed a distinct pride in America's natural as well as productive bounty in an 1855 article in the Crayon, an art journal:

Go not abroad then in search of material for the exercise of your pencil, while the virgin

charms of our native land have claims on your deepest affections . ... I desire not to limit the

universality of the Art, or require that the artist shall sacrifice aught to patriotism; but, ...

why should not the American landscape painter, in accordance with the principle of self-

government, boldly originate a high and independent style, based on his native resources?1

297

as Cole, The Collected Essays and Prose Sketches, ed. Marshall Tymn (St. Paul, MN: John Colet Press, 1980), 6.

- ' \'. McCoubrey, American Art, 1700-1960: Sources and Documents (Englewood Cliffs, NJ: Prentice-Hall, 1965), , -13.

298 INTERPRETING VISUAL SOURCES: PICTURING DEVELOPMENT VERSUS NATURE

PROGRESS (1853) Wikimedia, pd.

REVIEW QUESTIONS

1. What do the first two scenes and their captions reveal about the state of transportation technol- ogy? What do they reveal about how transporta- tion technology both met the demands of and made its own mark on the American landscape?

2. Do they indicate or imply that progress had a price? Was this presented as good or bad?

3. How are the human and natural elements jux- taposed in the first two scenes as compared to those in Durand's Progress?

4. What do the Audubon pictures and captions reveal about the human interest in and impact on America's native animals? How does Audu- bon's focus on and painting of specific animals compare to Durand's wider view of nature?

5. Consider how Americans might have inter- preted Durand's Progress in the 1850s, in the early 1900s, and then in 2000. What might such a comparison reveal about the nature of prog- ress in America?

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