petual succession of "envoys extraordinary and ministers plenipotentiary" is a fraud upon the name, and a breach of the old policy of the gov

bles for office, and degrades the government into an office for rewards and punishments; and divides the people of the Union into two adverse parties—each in its turn, and as it becomes dom-ernment, and a hitching on American diplomacy inant, to strip and proscribe the other.

to the tail of the diplomacy of Europe. It is the actual keeping up of "ministers resident" under a false name, and contrary to a wise and vener able policy; and requires the reform hand of the House of Representatives. But this point will require a chapter of its own, and its elucidation must be adjourned to another and a separate place.

having a deplorable effect both upon the purity of elections and the distribution of office, and taking both out of the hands of the people, and throwing the management of one and the enjoyment of the other into most unfit hands. I consider it as working a deleterious change in the government, making it what Mr. Jefferson feared: and being a disciple of his school, and believing in the soundness and nationality of the rule which he laid down, I deem it good to recall it solemnly to public recollection-for the profit, and hope, of present and of future times.

Our government is a Union. We want a united people, as well as united States-united for benefits as well as for burdens, and in feeling as well as in compact; and this cannot be while one half (each in its turn) excludes the other from all share in the administration of the government. Mr. Jefferson's principle is perfect, and reconciled public and private interest with Mons. de Tocqueville was right in the principarty rights and duties. The party in power is ple of his reproach, wrong in the extent of his responsible for the well-working of the govern- application, but would have been less wrong if ment, and has a right, and is bound by duty to he had written of events a dozen years later. I itself, to place its friends at the head of the dif-deprecate the effect of such sweeping removals ferent branches of the public service. After at each revolution of parties, and believe it is that, and in the subordinate places, the opposite party should have its share of employment; and this Mr. Jefferson's principle gives to it. But as there are offices too subordinate for party proscription, so there are others too elevated and national for it. This is now acknowledged in the army and navy, and formerly was acknowledged in the diplomatic department; and should be again. To foreign nations we should, at least, be one people—an undivided people, and that in peace as well as in war. Mr. Jefferson's principle reached this case, and he acted upon it. His election was not a signal gun, fired for the recall of all the ministers abroad, to be succeeded incontinently by partisans of its own. Mr. Rufus King, the most eminent of the federal ministers abroad, and at the most eminent court of Europe, that of St. James, remained at his post for two years after the revolution of parties in 1800; and until he requested his own recall, treated all the while with respect and confidence, A POLITICAL movement on the part of some of and intrusted with a negotiation which he con- the southern tribes of Indians, brought up a new ducted to its conclusion. Our early diplomatic question between the States and those Indians, policy, eschewing all foreign entanglement, re- which called for the interposition of the federal jected the office of "minister resident." That government. Though still called Indians, their early republican policy would have no perma-primitive and equal government had lost its nent representation at foreign courts. The "envoy extraordinary and minister plenipotentiary," called out on an emergent occasion, and to return home as soon as the emergency was over, was the only minister known to our early history; and then the mission was usually a mixed one, composed of both parties. And so it should be again. The present permanent supply and per

CHAPTER LI.

INDIAN SOVEREIGNTIES WITHIN THE STATES.

form, and had become an oligarchy, governed chiefly by a few white men, called half-breeds, because there was a tincture of Indian blood in their veins. These, in some instances, sat up governments within the States, and claimed sovereignty and dominion within their limits. The States resisted this claim and extended their laws and jurisdiction over them. The federal govern

ment was appealed to; and at the commencement of the session of 1829-'30, in his first annual message, President Jackson brought the subject before the two Houses of Congress,

thus:

"The condition and ulterior destiny of the Indian tribes within the limits of some of our States, have become objects of much interest and importance. It has long been the policy of gov ernment to introduce among them the arts of civilization, in the hope of gradually reclaiming them from a wandering life. This policy has, however, been coupled with another, wholly incompatible with its success. Professing a desire to civilize and settle them, we have, at the same time, lost no opportunity to purchase their lands and thrust them further into the wilderness. By this means they have not only been kept in a wandering state, but been led to look upon us as unjust, and indifferent to their fate. Thus, though lavish in its expenditures upon the subject, government has constantly defeated its own policy, and the Indians, in general, receding further and further to the West, have retained their savage habits. A portion, however, of the southern tribes, having mingled much with the whites, and made some progress in the arts of civilized life, have lately attempted to erect an independent government within the limits of Georgia and Alabama. These States, claiming to be the only sovereigns within their territories, extended their laws over the Indians; which induced the latter to call upon the United States for protection.

Maine permit the Penobscot tribe to erect an independent government within their State? and, unless they did, would it not be the duty of the general government to support them in resisting such a measure? Would the people of New-York permit each remnant of the Six Nations within her borders, to declare itself an inUnited States? Could the Indians establish a dependent people, under the protection of the in Ohio? And if they were so disposed, would separate republic on each of their reservations it be the duty of this government to protect them in the attempt? If the principle involved in the obvious answer to these questions be abandoned, it will follow that the objects of this government are reversed; and that it has become a part of its duty to aid in destroying the States which it was established to protect.

"Actuated by this view of the subject, I informed the Indians inhabiting parts of Georgia and Alabama, that their attempt to establish an independent government would not be countenanced by the Executive of the United States; and advised them to emigrate beyond the Missis sippi, or submit to the laws of those States."

Having thus refused to sustain these southern tribes in their attempt to set up independent governments within the States of Alabama and Georgia, and foreseeing an unequal and disagreeable contest between the Indians and the States, the President recommended the passage of an act to enable him to provide for their removal to the west of the Mississippi. It was an old policy, but party spirit now took hold of it, and strenuously resisted the passage of the act. It was one of the closest, and most earnestly contested questions of the session; and finally carried by an inconsiderable majority. The sum of $500,000 was appropriated to defray the expenses of treating with them for an exchange, or sale of territory; and under this act, and with the ample means which it placed at the disposal of the President, the removals were eventually effected; but with great difficulty, chiefly on account of a foreign, or outside influence from politicians and intrusive philanthropists. Georgia was the State where this question took its most serious form. The legislature of the State laid off the Cherokee country into counties, and pre

"Under these circumstances, the question presented was, whether the general government had a right to sustain those people in their pretensions? The constitution declares, that "no new States shall be formed or erected within the jurisdiction of any other State," without the consent of its legislature. If the general government is not permitted to tolerate the erection of a confederate State within the territory of one of the members of this Union, against her consent, much less could it allow a foreign and independent government to establish itself there. Georgia became a member of the confederacy which eventuated in our federal union, as a sovereign State, always asserting her claim to certain limits; which, having been originally defined in her colonial charter, and subsequently recognized in the treaty of peace, she has ever since continued to enjoy, except as they have been circumscribed by her own voluntary transfer of a portion of her territory to the United States, in the articles of cession of 1802. Ala-pared to exercise her laws within them. The bama was admitted into the Union on the same footing with the original States, with boundaries which were prescribed by Congress. There is no constitutional, conventional, or legal provision, which allows them less power over the Indians within their borders, than is possessed by Maine or New-York. Would the people of

Indians, besides resisting through their political friends in Congress, took counsel and legal advice, with a view to get the question into the Supreme Court of the United States. Mr. Wirt, the late Attorney General of the United States, was retained in their cause, and addressed a com

It was not known, however, until the receipt of your letter, that the spirit of resistance to the laws of the State, and views of the United States, which has of late been evident among the Indians, had in any manner been occasioned by your advice." Mr. Wirt had been professionally employed by the Cherokees to bring their case before the Supreme Court; but as he classed politically with the party, which took sides with the Indians against Georgia, the governor was the less ceremonious, or reserved in his reply to him.

munication to the Governor of the State, ap- pseudo philanthropists, the only effect of which prising him of the fact; and proposing that an was to bring upons ubaltern agents the punishment "agreed case " should be made up for the decis- which the laws inflicted upon its violators, the ion of the court. Gov. Gilmer declined this governor said: "It is well known that the exproposal, and in his answer gave as the reason tent of the jurisdiction of Georgia, and the polwhy the State had taken the decided step of ex-icy of removing the Cherokees and other Indians tending her jurisdiction, that the Cherokee tribe to the west of the Mississippi, have become party had become merged in its management in the questions. It is believed that the Cherokees in "half breeds" or descendants of white men, Georgia, had determined to unite with that porwho possessed wealth and intelligence, and act-tion of the tribe who had removed to the west of ing under political and fanatical instigations from the Mississippi, if the policy of the President without, were disposed to perpetuate their resi- was sustained by Congress. To prevent this redence within the State,-(the part of them still sult, as soon as it became highly probable that remaining and refusing to join their half tribe the Indian bill would pass, the Cherokees were beyond the Mississippi). The governor said: persuaded that the right of self-government could "So long as the Cherokees retained their primi- be secured to them by the power of the Supreme tive habits, no disposition was shown by the Court of the United States, in defiance of the legStates under the protection of whose govern-islation of the general and State governments. ment they resided, to make them subject to their laws. Such policy would have been cruel; because it would have interfered with their habits of life, the enjoyments peculiar to Indian people, and the kind of government which accorded with those habits and enjoyments. It was the power of the whites, and of their children among the Cherokees, that destroyed the ancient laws, customs and authority of the tribe, and subjected the nation to the rule of that most oppressive of governments--an oligarchy. There is nothing surprising in this result. From the Judge Clayton, in whose circuit the Indian character of the people, and the causes operating counties fell, at his first charge to the grand jury upon them, it could not have been otherwise. It assured the Indians of protection, warned the inwas this state of things that rendered it obliga-termeddlers of the mischief they were were dotory upon Georgia to vindicate the rights of her ing, and of the inutility of applying to the Susovereignty by abolishing all Cherokee govern-preme Court. He said: "My other purpose is ment within its limits. Whether of the intelligent, or ignorant class, the State of Georgia has passed no laws violative of the liberty, personal security, or private property of any Indian. It has been the object of humanity, and wisdom, to separate the two classes (the ignorant, and the informed Indians) among them, giving the rights of citizenship to those who are capable of performing its duties and properly estimating its privileges; and increasing the enjoyment and the probability of future improvement to the ignorant and idle, by removing them to a situation where the inducements to action will be more in accordance with the character of the Cherokee people."

With respect to the foreign interference with this question, by politicians of other States and

to apprise the Indians that they are not to be oppressed, as has been sagely foretold: that the same justice which will be meted to the citizen shall be meted to them." With respect to intermeddlers he said: "Meetings have been held in all directions, to express opinions on the conduct of Georgia, and Georgia alone—when her adjoining sister States had lately done precisely the same thing; and which she and they had done, in the rightful exercise of their State sovereignty." The judge even showed that one of these intrusive philanthropists had endeavored to interest European sympathy, in behalf of the Cherokees; and quoted from the address of the reverend Mr. Milner, of New-York, to the Foreign Missionary Society in London: "That if the cause of the negroes in the West Indias was interesting to

that auditory-and deeply interesting it ought of the United States; and it was proposed by the to be-if the population in Ireland, groaning be- counsel, Mr. Wirt, to try the whole question of neath the degradation of superstition-excited the right of Georgia, to exercise jurisdiction over their sympathies, he trusted the Indians of North the Indians and Indian country within her limAmerica would also be considered as the objects its, by the trial of this writ of error at Washof their Christian regard. He was grieved, how-ington; and for that purpose, and to save the teever, to state that there were those in America, dious forms of judicial proceedings, he requested who acted towards them in a different spirit; and the governor to consent to make up an "agreed he lamented to say that, at this very moment, the case" for the consideration and decision of that State of Georgia was seeking to subjugate and high court. This proposition Governor Gilmer destroy the liberties both of the Creeks and the declined, in firm but civil terms, saying: "Your Cherokees; the former of whom possessed in suggestion that it would be convenient and satGeorgia, ten millions of acres of land, and the isfactory if yourself, the Indians, and the gov latter three millions." In this manner European ernor would make up a law case to be submitsympathies were sought to be brought to bear ted to the Supreme Court for the determination upon the question of removal of the Indians-a of the question, whether the legislature of Georpolitical and domestic question, long since resolv- gia has competent authority to pass laws for the ed upon by wise and humane American states- government of the Indians residing within its men-and for the benefit of the Indians them- limits, however courteous the manner, and conciliaselves, as well as of the States in which they tory the phraseology, cannot but be considered as were. If all that the reverend missionary utter- exceedingly disrespectful to the government of the ed had been true, it would still have been a very State. No one knows better than yourself, that improper invocation of European sympathies in the governor would grossly violate his duty, and an American domestic question, and against a set- exceed his authority, by complying with such a tled governmental policy: but it was not true. suggestion; and that both the letter and the spirit The Creeks, with their imputed ten millions of of the powers conferred by the constitution upon acres, owned not one acre in the State; and had the Supreme Court forbid its adjudging such a not in five years-not since the treaty of cession case. It is hoped that the efforts of the general in 1825: which shows the recklessness with government to execute its contract with Georgia which the reverend suppliant for foreign sympa- (the compact of 1802), to secure the continuance thy, spoke of the people and States of his own and advance the happiness of the Indian tribes, country. The few Cherokees who were there, and to give quiet to the country, may be so efinstead of subjugation and destruction of their fectually successful as to prevent the necessity of liberties, were to be paid a high price for their any further intercourse upon the subject.” And land, if they chose to join their tribe beyond the there was no further intercourse. The day for Mississippi; and if not, they were to be protect the execution of Tassels came round: he was ed like the white inhabitants of the counties they hanged: and the writ of the Supreme Court was lived in. With respect to the Supreme Court, no more heard of. The remaining Cherokees afthe judge declared that he should pay no atten- terwards made their treaty, and removed to the tion to its mandate-holding no writ of error to west of the Mississippi; and that was the end of lie from the Supreme Court of the United States the political, and intrusive philanthropical interto his State Court-but would execute the sen- ference in the domestic policy of Georgia. One tence of the law, whatever it might be, in defiance Indian hanged, some missionaries imprisoned, the of the Supreme Court; and such was the fact. writ of the Supreme Court disregarded, the InInstigated by foreign interference, and relying dians removed: and the political and pseudoupon its protection, one George Tassels, of In- philanthropic intermeddlers left to the reflection dian descent, committed a homicide in resisting of having done much mischief in assuming to the laws of Georgia-was tried for murder -con- become the defenders and guardians of a race victed-condemned-and sentenced to be hanged which the humanity of our laws and people were on a given day. A writ of error, to bring the case treating with parental kindness. before itself, was obtained from the Supreme Court

CHAPTER LII.

VETO ON THE MAYSVILLE ROAD BILL.

belong to history, which would be an empty tale, devoid of interest or instruction, without the development of the causes, and consequences of the acts which it narrates. Division among chiefs has always been a cause of mischief to their country; and when so, it is the duty of history to show it. That mischief points the moral of much history, and has been made the subject of the greatest of poems:

"Achilles' wrath, to Greece the direful spring Of woes unnumbered

THIS was the third veto on the subject of federal internal improvements within the States, and by three different Presidents. The first was by Mr. Madison, on the bill "to set apart, and pledge certain funds for constructing roads and canals, and improving the navigation of watercourses, in order to facilitate, promote, and give security About the beginning of March, in the year to internal commerce among the several States: 1831, a pamphlet appeared in Washington City, and to render more easy and less expensive the issued by Mr. Calhoun, and addressed to the means and provisions of the common defence "- people of the United States, to explain the cause a very long title, and even argumentative-as if of a difference which had taken place between afraid of the President's veto-which it received himself and General Jackson, instigated as the in a message with the reasons for disapproving pamphlet alleged by Mr. Van Buren, and init. The second was that of Mr. Monroe on the tended to make mischief between the first and secCumberland Road bill, which, with an abstract ond officers of the government, and to effect the of his reasons and arguments, has already been political destruction of himself (Mr. Calhoun) for given in this View. This third veto on the same the benefit of the contriver of the quarrel-the subject, and from President Jackson, and at a then Secretary of State; and indicated as a canditime when internal improvement by the federal date for the presidential succession upon the termigovernment had become a point of party division, nation of General Jackson's service. It was the and a part of the American system, and when same pamphlet of which Mr. Duncanson, as hereconcerted action on the public mind had created tofore related, had received previous notice from for it a degree of popularity: this third veto un- Mr. Duff Green, as being in print in his office, der such circumstances was a killing blow to the but the publication delayed for the maturing of system-which has shown but little, and only the measures which were to attend its appearoccasional vitality since. Taken together, the ance; namely: the change in the course of the three vetoes, and the three messages sustaining Telegraph; its attacks upon General Jackson them, and the action of Congress upon them (for and Mr. Van Buren; the defence of Mr. Calhoun; in no instance did the House in which they origi-and the chorus of the affiliated presses, to be ennated pass the bills, or either of them, in opposi-gaged in getting up the storm which even the tion to the vetoes), may be considered as embracing all the constitutional reasoning upon the question; and enough to be studied by any one who wishes to make himself master of the subject.

CHAPTER LIII.

RUPTURE BETWEEN PRESIDENT JACKSON, AND
VICE-PRESIDENT CALHOUN.

WITH the quarrels of public men history has no concern, except as they enter into public conduct, and influence public events. In such case, and as the cause of such events, these quarrels

popularity of General Jackson could not stand.”

The pamphlet was entitled, "Correspondence between General Andrew Jackson and John C. Calhoun, President and Vice-President of the United States, on the subject of the course of the latter in the deliberations of the cabinet of Mr. Monroe on the occurrences of the Seminole war;" and its contents consisted of a prefatory address, and a number of letters, chiefly from Mr. Calhoun himself, and his friends-the General's share of the correspondence being a few brief notes to ascertain if Mr. Crawford's statement was true? and, being informed that, substantially, it was, to decline any further correspondence with Mr. Calhoun, and to promise a full public reply when he had the leisure for the purpose and access to