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example to be shown to the world, and the duty of this republic to exhibit it, was an elevated and patriotic conception, and worthy of the genius which then presided over the War Department. But what is the example which we are now required to exhibit? It is that of a people preferring the spoils of their country to its defence! It is that of the electioneerer, going from city to city, from house to house, even to the uninformed tenant of the distant hamlet, who has no means of detecting the fallacies which are brought from afar to deceive his understanding: it is the example of this electioneerer, with slate and pencil in his hand (and here Mr. B. took up an old book cover, and a pencil, and stooped over it to make figures, as if working out a little sum in arithmetic), it is the example of this electioneerer, offering for distribution that money which should be sacred to the defence of his country; and pointing out for overthrow, at the next election, every candidate for office who should be found in opposition to this wretched and deceptive scheme of distribution. This is the example which it is proposed that we should now exhibit. And little did it enter into his (Mr. B.'s) imagination, about the time that message was written, that it should fall to his lot to plead for the defence of his country against the author of this report. He admired the grandeur of conception which the reports of the war office then displayed. He said he differed from the party with whom he then acted, in giving a general, though not a universal, support to the Secretary of War. He looked to him as one who, when mellowed by age and chastened by experience, might be among the most admired Presidents that ever filled the presidential chair. [Mr. B., by a lapsus linguæ, said throne, but corrected the expression on its echo from the galleries.]

"Mr. B. said there was an example which it was worthy to imitate: that of France; her coast defended by forts and batteries, behind which the rich city reposed in safety—the tranquil peasant cultivated his vine in security while the proud navy of England sailed innoxious before them, a spectacle of amusement, not an object of terror. And there was an example to be avoided: the case of our own America during the late war; when the approach of a British squadron, upon any point of our extended coast, was the signal for flight, for terror, for consternation; when the hearts of

virgins, the violation of matrons! the blood of fathers, husbands, sons! This is the example which we should avoid!

"But the amendment is to be temporary: it is only to last until 1842. What an idea!-a temporary alteration in a constitution made for endless ages! But let no one think it will be temporary, if once adopted. No! if the people once come to taste that blood; if they once bring themselves to the acceptance of money from the treasury they are gone for ever. They will take that money in all time to come; and he that promises most, receives most votes. The corruption of the Romans, the debauchment of the voters, the venality of elections, commenced with the Tribunitial distribution of corn out of the public granaries; it advanced to the distribution of the spoils of foreign nations, brought home to Rome by victorious generals and divided out among the people; it ended in bringing the spoils of the country into the canvass for the consulship, and in putting up the diadem of empire itself to be knocked down to the hammer of the auctioneer. In our America there can be no spoils of conquered nations to distribute. Her own treasury-her own lands -can alone furnish the fund. Begin at once, no matter how, or upon what-surplus revenue, the proceeds of the lands, or the lands themselves-no matter; the progress and the issue of the whole game is as inevitable as it is obvious. Candidates bid, the voters listen; and a plundered and pillaged country – the empty skin of an immolated victim-is the prize and the spoil of the last and the highest bidder."

The proposition to amend the constitution to admit of this distribution was never brought to a vote. In fact it was never mentioned again after the day of the above discussion. It seemed to have support from no source but that of its origin; and very soon events came to scatter the basis on which the whole stress and conclusion of the report lay. Instead of a surplus of nine millions to cover the period of two presidential elections, there was a deficit in the treasury in the period of the first one; and the government reduced to the humiliating resorts to obtain money to keep itself in motion-mendicant expeditions to Europe to borrow money, returning without it—and paper money struck under the name of treasury notes. But this attempt to amend the constitution to permit a distribution, becomes a material point in the history of the working of our government, seeing that a distribution afterwards took place without the

the brave and the almost naked hands of heroes
were the sole reliance for defence; and where
those hearts and those hands could not come,
the sacred soil of our country was invaded;
the ruffian soldier and the rude sailor became
the insolent masters of our citizens' houses;
their footsteps marked by the desolation of
fields the conflagration of cities, the flight of amendment to permit it.

CHAPTER CXXIX.

VERMONT-Heman Allen, Horace Everett, Hiland Hall, Henry F. Janes, William Slade

-5.

NEW-YORK-Samuel Barton, Saml. Beardsley, Abraham Bockee, Matthias J. Bovee, John W.

COMMENCEMENT OF TWENTY-FOURTH CONGRESS Brown, C. C. Cambreleng, Graham H. Chapin,

-PRESIDENT'S MESSAGE,

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INDIANA-Wm. Hendricks, John Tipton. MISSISSIPPI-John Black, Robert J. Walker. ILLINOIS-Elias K. Kane, John M. Robinson. ALABAMA-Wm. R. King, Gabriel P. Moore. MISSOURI-Lewis F. Linn, Thomas H. Benton.

REPRESENTATIVES:

MAINE-Jeremiah Bailey, George Evans, John Fairfield, Joseph Hall, Leonard Jarvis, Moses Mason, Gorham Parks, Francis O. J. Smith-8. NEW HAMPSHIRE-Benning M. Bean, Robert Burns, Samuel Cushman, Franklin Pierce, Jos. Weeks-5.

MASSACHUSETTS-John Quincy Adams, Nathaniel B. Borden, George N. Briggs, William B. Calhoun, Caleb Cushing, George Grennell, jr., Samuel Hoar, William Jackson, Abbot Lawrence, Levi Lincoln, Stephen C. Phillips, John Reed-12.

RHODE ISLAND-Dutee J. Pearce, W. Sprague -2.

CONNECTICUT-Elisha Haley, Samuel Ingham, Andrew T. Judson, Lancelot Phelps, Isaac Toucey, Zalmon Wildman-6.

Timothy Childs, John Cramer, Ulysses F. Doubleday, Valentine Efner, Dudley Farlin, Philo C. Fuller, William K. Fuller, Ransom H. Gillet, Francis Granger, Gideon Hard, Abner Hazeltine, Hiram P. Hunt, Abel Huntington, Gerrit Y. Lansing, George W. Lay, Gideon Lee, Joshua Lee, Stephen B. Leonard, Thomas C. Love, Abijah Mann, jr., William Mason, John McKeon, Ely Moore, Sherman Page, Joseph Reynolds, David Russell, William Seymour, Nicholas Sickles, William Taylor, Joel Turrill, Aaron Vanderpoel, Aaron Ward, Daniel Wardwell-40.

NEW JERSEY-Philemon Dickerson, Samuel Fowler, Thomas Lee, James Parker, Ferdinand S. Schenck, William N. Shinn-6.

PENNSYLVANIA.-Joseph B. Anthony, Michael W. Ash, John Banks, Andrew Beaumont, Andrew Buchanan, George Chambers, William P. Clark, Edward Darlington, Harmar Denny, Jacob Fry, jr., John Galbraith, James Harper, Samuel S. Harrison, Joseph Henderson, William Hiester, Edward B. Hubley, Joseph R. Ingersoll, John Klingensmith, jr., John Laporte, Henry Logan, Job Mann, Thomas M. T. McKennan, Jesse Miller, Matthias Morris, Henry A. Muhlenberg, David Potts, jr., Joel B. Sutherland. David D. Wagener.-28.

DELAWARE.-John J. Milligan.-1.

MARYLAND.-Benjamin C. Howard, Daniel Jenifer, Isaac McKim, James A. Pearce, John N. Steele, Francis Thomas, James Turner, George C. Washington.-8.

VIRGINIA. James M. H. Beale, James W. Bouldin, Nathaniel H. Claiborne, Walter Coles, Robert Craig, George C. Dromgoole, James Garland, G. W. Hopkins, Joseph Johnson, John W. Jones, George Loyall, Edward Lucas, John Y. Mason, William McComas, Charles F. Mercer, William S. Morgan, John M. Patton, John Roane, John Robertson, John Taliaferro, Henry

A. Wise.-21.

NORTH CAROLINA.-Jesse A. Bynum, Henry W. Connor, Edmund Deberry, James Graham, Micajah T. Hawkins, James J. McKay, William Montgomery, Ebenezer Pettigrew, Abraham Rencher, William B. Shepard, Augustine H. Shepperd, Jesse Speight, Lewis Williams.-13.

SOUTH CAROLINA.-Robert B. Campbell, William J. Grayson, John K. Griffin, James H. Hammond, Richard J. Manning, Francis W. Pickens, Henry L. Pinckney, James Rogers, Waddy Thompson, jr.-9.

GEORGIA. Jesse F. Cleveland, John Coffee Thomas Glasscock, Seaton Grantland, Charles E. Haynes, Hopkins Holsey, Jabez Jackson, George W. Owens, George W. B. Towns.-9. ALABAMA. - Reuben Chapman, Joab Lawler, Dixon H. Lewis, Francis S. Lyon, Joshua L. Martin.-5.

MISSISSIPPI.—David Dickson, J. F. H. Clai

borne.-2.

LOUISIANA. Rice Garland, Henry Johnson, Eleazer W. Ripley.-3.

TENNESSEE. John Bell, Samuel Bunch, William B. Carter, William C. Dunlap, John B. Forester, Adam Huntsman, Cave Johnson, Luke Lea, Abram P. Maury, Balie Peyton, James K. Polk, E. J. Shields, James Standefer.-13.

KENTUCKY. -Chilton Allan, Lynn Boyd, John Calhoun, John Chambers, Richard French, Wm. J. Graves, Benjamin Hardin, James Harlan, Albert G. Hawes, Richard M. Johnson, Joseph R. Underwood, John White, Sherrod Williams.-13.

agreement of the two Houses. The obligation to pay was admitted, and the money even voted for that purpose; but offence was taken at the President's message, and payment refused until an apology should be made. The President had already shown, on its first intimation, that no offence was intended, nor any disrespect justly deducible from the language that he had used; and he was now peremptory in refusing to make the required apology; and had instructed the United States' chargé d'affaires to demand the money; and, if not paid, to leave France imme

MISSOURI.-Wm. H. Ashley, Albert G. Har-diately. The ministers of both countries had

rison.-2.

ILLINOIS.-Zadok Casey, William L. May, John Reynolds.-3.

INDIANA.-Ratliff Boon, John Carr, John W. Davis, Edward A. Hannegan, George L. Kinnard, Amos Lane, Jonathan McCarty.-7.

OHIO. William K. Bond, John Chaney, Thomas Corwin, Joseph H. Crane, Thomas L. Hamer, Elias Howell, Benjamin Jones, William Kennon, Daniel Kilgore, Sampson Mason, Jeremiah McLene, William Patterson, Jonathan Sloane, David Spangler, Bellamy Storer, John Thompson, Samuel F. Vinton, Taylor Webster Elisha Whittlesey.-19.

DELEGATES.

ARKANSAS TERRITORY.-Ambrose H. Sevier.
FLORIDA TERRITORY.-Joseph M. White.
MICHIGAN TERRITORY.-George W. Jones.

previously withdrawn, and the last link in the chain of diplomatic communication was upon the point of being broken. The question having narrowed down to this small point, the President deemed it proper to give a retrospective view of it, to justify his determination, neither to apologize nor to negotiate further. He said:

"On entering upon the duties of my station, I found the United States an unsuccessful applicant to the justice of France, for the satisfaction of claims, the validity of which was never questionable, and has now been most solemnly admitted by France herself. The antiquity of these claims, their high justice, and the aggravating circumstances out of which they arose, are too familiar to the American people to require description. It is sufficient to say, that, for a period of ten years and upwards, our comMr. James K. Polk of Tennessee, was elected merce was, with but little interruption, the subspeaker of the House, and by a large majority ject of constant aggressions, on the part of over the late speaker, Mr. John Bell of the same France-aggressions, the ordinary features of State. The vote stood one hundred and thirty- which were condemnations of vessels and cargoes, under arbitrary decrees, adopted in contwo to eighty-four, and was considered a test travention, as well of the laws of nations as of of the administration strength, Mr. Polk being treaty stipulations, burnings on the high seas, supported by that party, and Mr. Bell having and seizures and confiscations, under special imbecome identified with those who, in siding with perial rescripts, in the ports of other nations Mr. Hugh L. White as a candidate for the pre-France. Such, it is now conceded, is the chaoccupied by the armies, or under the control of sidency, were considered as having divided from the democratic party. Among the eminent names missed from the list of the House of Rep-never denied our right to reparation. Of the resentatives, were: Mr. Wayne of Georgia, appointed to the bench of the Supreme Court of the United States; and Mr. Edward Everett of Massachusetts, who declined a re-election.

The state of our relations with France, in the continued non-payment of the stipulated indemnity, was the prominent feature in the President's message; and the subject itself becoming more serious in the apparent indisposition in Congress to sustain his views, manifested in the loss of the fortification bill, through the dis

racter of the wrongs we suffered; wrongs, in many cases, so flagrant that even their authors

extent of these injuries, some conception may be formed from the fact that, after the burning of a large amount at sea, and the necessary deterioration in other cases, by long detention, the American property so seized and sacrificed at forced sales, excluding what was adjudged to privateers, before or without condemnation, brought into the French treasury upwards of twenty-four millions of francs, besides large custom-house duties.

"The subject had already been an affair of twenty years' uninterrupted negotiation, except for a short time, when France was overwhelmed by the military power of united Europe. During

THIRTY YEARS' VIEW.

faith and word of a king, to observe it, and to cause it to be observed inviolably, without ever contravening it, or suffering it to be contravened, directly or indirectly, for any cause, or under any pretence whatsoever.'

this period, whilst other nations were extorting all and each of the depositions which are confrom her payment of their claims at the point tained in it, do declare by ourselves, as well as of the bayonet, the United States intermitted by our heirs and successors, that it is accepted, their demand for justice, out of respect to the approved, ratified, and confirmed; and by these oppressed condition of a gallant people, to whom presents, signed by our hand, we do accept, apthey felt under obligations for fraternal assist-prove, ratify, and confirm it; promising, on the ance in their own days of suffering and of peril. The bad effects of these protracted and unavailing discussions, as well upon our relations with France as upon our national character, were obvious; and the line of duty was, to my mind, equally so. This was, either to insist upon the adjustment of our claims, within a reasonable period, or to abandon them altogether. I could not doubt that, by this course, the interest and honor of both countries would be best consulted. Instructions were, therefore, given in this spirit to the minister, who was sent out once more to demand reparation. Upon the meeting of Congress, in December, 1829, I felt it my duty to speak of these claims, and the delays of France, in terms calculated to call the serious attention of both countries to the subject. The then French Ministry took exception to the message, on the ground of its containing a menace, under which it was not agreeable to the French government to negotiate. The American minister, of his own accord, refuted the construction which was attempted to be put upon the message, and, at the same time, called to the recollection of the French ministry, that the President's message was a communication addressed, not to foreign governments, but to the Congress of the United States, in which it was enjoined upon him, by the constitution, to lay before that body information of the state of the Union, comprehending its foreign as well as its domestic relations; and that if, in the discharge of this duty, he felt it incumbent upon him to summon the attention of Congress in due time to what might be the possible consequences of existing difficulties with any foreign government, he might fairly be supposed to do so, under a sense of what was due from him in a frank communication with another branch of his own government, and not from any intention of holding a menace over a foreign power. The views taken by him received my approbation, the French government was satisfied, and the negotiation was continued. treaty of July 4, 1831, recognizing the justice It terminated in the of our claims, in part, and promising payment to the amount of twenty-five millions of francs, in six annual instalments.

"The ratifications of this treaty were exchanged at Washington, on the 2d of February, 1832; and, in five days thereafter, it was laid before Congress, who immediately passed the acts necessary, on our part, to secure to France the commercial advantages conceded to her in the compact. The treaty had previously been solemnly ratified by the King of the French, in terms which are certainly not mere matters of form, and of which the translation is as follows: 'We, approving the above convention, in

fications in the United States reached Paris, "Official information of the exchange of ratiwhilst the Chambers were in session. The extraordinary, and, to us, injurious delays of the French government, in their action upon the subject of its fulfilment, have been heretofore stated to Congress, and I have no disposition to enlarge upon them here. It is sufficient to observe that the then pending session was allowed to expire, without even an effort to obtain the necessary appropriations—that the two succeeding ones were also suffered to pass away without any thing like a serious attempt to obtain a decision upon the subject; and that it was not until the fourth session-almost three years after the conclusion of the treaty, and more than two years after the exchange of ratifications-that the bill for the execution of the treaty was pressed to a vote, and rejected. In the mean time, the government of the United States, having full confidence that a treaty entered into and so solemnly ratified by the French king, would be executed in good faith, and not doubting that provision would be made for the payment of the first instalment, which ary, 1833, negotiated a draft for the amount was to become due on the second day of Februthrough the Bank of the United States. When this draft was presented by the holder, with the credentials required by the treaty to authorize him to receive the money, the government of France allowed it to be protested. In addition to the injury in the non-payment of the money by France, conformably to her engagement, the United States were exposed to a heavy claim on the part of the bank, under pretence of damages, in satisfaction of which, that institution seized upon, and still retains, an equal amount of the the decision of the Chambers reached Washingpublic moneys. Congress was in session when ton; and an immediate communication of this apparently final decision of France not to fulfil naturally to be expected from the President. the stipulations of the treaty, was the course The deep tone of dissatisfaction which pervaded the public mind, and the correspondent excitement produced in Congress by only a general knowledge of the result, rendered it more than probable, that a resort to immediate measures of redress would be the consequence of calling the attention of that body to the subject. Sincerely desirous of preserving the pacific relations which had so long existed between the two countries, I was anxious to avoid this course if I could be

satisfied that, by doing so, neither the interests nor the honor of my country would be compromitted. Without the fullest assurances upon that point, I could not hope to acquit myself of the responsibility to be incurred in suffering Congress to adjourn without laying the subject before them. Those received by me were believed to be of that character.

"The expectations justly founded upon the promises thus solemnly made to this government by that of France, were not realized. The French Chambers met on the 31st of July, 1834, soon after the election, and although our minister in Paris urged the French ministry to press the subject before them, they declined doing so. He next insisted that the Chambers, if prorogued without acting on the subject, should be reassembled at a period so early that their action on the treaty might be known in Washington prior to the meeting of Congress. This reasonable request was not only declined, but the Chambers were prorogued on the 29th of December; a day so late, that their decision, however urgently pressed, could not, in all probability, be obtained in time to reach Washington before the necessary adjournment of Congress by the constitution. The reasons given by the ministry for refusing to convoke the Chambers, at an earlier period, were afterwards shown not to be insuperable, by their actual convocation, on the first of December, under a special call for domestic purposes, which fact, however, did not become known to this government until after the commencement of the last session of Congress.

"Thus disappointed in our just expectations, it became my imperative duty to consult with Congress in regard to the expediency of a resort to retaliatory measures, in case the stipulations of the treaty should not be speedily complied with; and to recommend such as, in my judgment, the occasion called for. To this end, an unreserved communication of the case, in all its aspects, became indispensable. To have shrunk, in making it, from saying all that was necessary to its correct understanding, and that the truth would justify, for fear of giving offence to others, would have been unworthy of us. To have gone, on the other hand, a single step further, for the purpose of wounding the pride of a government and people with whom we had so many motives of cultivating relations of amity and reciprocal advantage, would have been unwise and improper. Admonished by the past of the difficulty of making even the simplest statement of our wrongs, without disturbing the sensibilitics of those who had, by their position, become responsible for their redress, and earnestly desirous of preventing further obstacles from that source, I went out of my way to preclude a construction of the message, by which the recommendation that was made to Congress might be regarded as a menace to France, in not only disavowing such a design, but in declaring that her pride and her power were too well known to

expect any thing from her fears. The message did not reach Paris until more than a month after the Chambers had been in session; and such was the insensibility of the ministry to our rightful claims and just expectations, that our minister had been informed that the matter, when introduced, would not be pressed as a cabinet measure.

"Although the message was not officially communicated to the French government, and notwithstanding the declaration to the contrary which it contained, the French ministry decided to consider the conditional recommendation of reprisals a menace and an insult, which the honor of the nation made it incumbent on them to resent. The measures resorted to by them to evince their sense of the supposed indignity were, the immediate recall of their minister at Washington, the offer of passports to the American minister at Paris, and a public notice to the legislative chambers that all diplomatic intercourse with the United States had been suspended.

"Having, in this manner, vindicated the dignity of France, they next proceeded to illustrate her justice. To this end a bill was immediately introduced into the Chamber of Deputies, proposing to make the appropriations necessary to carry into effect the treaty. As this bill subsequently passed into a law, the provisions of which now constitute the main subject of difficulty between the two nations, it becomes my duty, in order to place the subject before you in a clear light, to trace the history of its passage, and to refer, with some particularity, to the proceedings and discussions in regard to it. The Minister of Finance, in his opening speech, alluded to the measures which had been adopted to resent the supposod indignity, and recommended the execution of the treaty as a measure required by the honor and justice of France. He, as the organ of the ministry, declared the message, so long as it had not received the sanction of Congress, a mere expression of the personal opinion of the President, for which neither the government nor people of the United States were responsible; and that an engagement had been entered into, for the fulfilment of which the honor of France was pledged. Entertaining these views, the single condition which the French ministry proposed to annex to the payment of the money was, that it should not be made until it was ascertained that the government of the United States had done nothing to injure the interests of France; or, in other words, that no steps had been authorized by Congress of a hostile character towards France.

"What the disposition or action of Congress might be, was then unknown to the French Cabinet. But, on the 14th of January, the Senate resolved that it was, at that time inexpedient to adopt any legislative measures in regard to the state of affairs between the United States and France, and no action on the subject had occurred in the House of Representatives. These

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