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negroes, to occupy the fort, and declares his might be rendered doubtful. Denmark had purpose to possess himself of it, in either of the only a nominal independence. She was, in two contingencies, of its being in their hands, truth, subject to his sway. We said to her, or in the hands of the Spaniards. He assumed Give us your fleet; it will otherwise be taken a right to judge what Spain was bound to do by possession of by your secret and our open enemy, her treaty, and judged very correctly; but then We will preserve it, and restore it to you whenhe also assumed the power, belonging to Con-ever the danger shall be over. Denmark regress alone, of determining what should be the fused. Copenhagen was bombarded, gallantly effect and consequence of her breach of engage- defended, but the fleet was seized." Everyment. General Jackson generally performs where the conduct of England was censured; what he intimates his intention to do. Accord- and the name even of the negotiator who was ingly, finding St. Marks yet in the hands of the employed by her, who was subsequently the minSpaniards, he seized and occupied it Was ever, ister near this government, was scarcely ever I ask, the just confidence of the legislative body, pronounced here without coupling with it an in the assurances of the chief magistrate, more epithet indicating his participation in the disabused? The Spanish commander intimated graceful transaction. And yet we are going to his willingness that the American army should sanction acts of violence, committed by ourtake post near him, until he could have instruc-selves, which but too much resemble it! What tions from his superior officer, and promised to maintain, in the mean time, the most friendly relations. No! St. Marks was a convenient post for the American army, and delay was inadmissible. I have always understood that the Indians but rarely take or defend fortresses, because they are unskilled in the modes of attack and defence. The threat, therefore, on their part, to seize on St. Marks, must have been empty, and would probably have been impossible. At all events, when General Jackson arrived there, no danger any longer threatened the Spaniards, from the miserable fugitive Indians, who fled on all sides upon his approach. And, sir, upon what plea is this violation of orders, and this act of war upon a foreign power, attempted to be justified? Upon the grounds of the conveniency of the depot and the Indian threat. The first I will not seriously examine and expose. If the Spanish character of the fort had been totally merged in the Indian char-ject, he writes, on the 20th of April, that he acter, it might have been justifiable to seize it. believes he may say that the war is at an end But that was not the fact; and the bare possi- for the present. He repeats the same opinion bility of its being forcibly taken by the Indians in his letter to the Secretary of War, written could not justify our anticipating their blow. six days after. The war being thus ended, it Of all the odious transactions which occurred might have been hoped that no further hostiliduring the late war between France and Eng-ties would be committed. But on the 23d of land, none was more condemned in Europe and in this country, than her seizure of the fleet of Denmark, at Copenhagen. And I lament to be obliged to notice the analogy which exists in the defences made of the two cases.

If my recollection does not deceive me, Bonaparte had passed the Rhine and the Alps, had conquered Italy, the Netherlands, Holland, Hanover, Lubec, and Hamburg, and extended his empire as far as Altona, on the side of Denmark. A few days' march would have carried him through Holstein, over the two Belts, through Funen, and into the island of Zealand. What then was the conduct of England? It was my lot to fall into conversation with an intelligent Englishman on this subject. "We knew (said he) that we were fighting for our existence. It was absolutely necessary that we should preserve the command of the seas. the fleet of Denmark fell into the enemy's hands, combined with his other fleets, that command

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an important difference, too, between the relative condition of England and of this country! She, perhaps, was struggling for her existence. She was combating, single-handed, the most enormous military power that the world has ever known. With whom were we contending? With a few half-starved, half-clothed, wretched Indians, and fugitive slaves. And while carrying on this inglorious war, inglorious as it regards the laurels or renown won in it, we violate neutral rights, which the government had solemnly pledged itself to respect, upon the principle of convenience, or upon the light presumption that, by possibility, a post might be taken by this miserable combination of Indians and slaves.

On the 8th of April the general writes from St. Marks that he shall march for the Suwaney river; the destroying of the establishments on which will, in his opinion, bring the war to a close. Accordingly, having effected that ob

May, on his way home, he receives a letter from the commandant of Pensacola, intimating his surprise at the invasion of the Spanish territory, and the acts of hostility performed by the American army, and his determination, if persisted in, to employ force to repel them. Let us pause and examine the proceeding of the governor, so very hostile and affrontive in the view of General Jackson. Recollect that he was governor of Florida; that he had received no orders from his superiors to allow a passage to the American army; that he had heard of the reduction of St. Marks; and that General Jackson, at the head of his army, was approaching in the direction of Pensacola. He had seen the president's message of the 25th of March, and reminded General Jackson of it, to satisfy him that the American government could not have authorized all those measures. I cannot read the allusion made by the governor to that message without feeling that the charge of insincerity

which it implied had, at least, but too much the | eral Jackson to have done in attacking Pensacola appearance of truth in it. Could the governor have done less than write some such letter? We have only to reverse situations, and suppose him to have been an American governor. General Jackson says that when he received that letter he no longer hesitated. No, sir, he did no longer hesitate. He received it on the 23d, he was in Pensacola on the 24th, and immediately after set himself before the fortress of San Carlos de Barancas, which he shortly reduced. "Veni, vidi, vici." Wonderful energy! Admirable promptitude! Alas! that it had not been an energy and a promptitude within the pale of the constitution, and according to the orders of the chief magistrate. It is impossible to give any definition of war that would not comprehend these acts. It was open, undis- | guised, and unauthorized hostility.

for an Indian town, by attempting the defence both of the President and General Jackson. If it were right in him to seize the place, it is impossible that it should have been right in the President immediately to surrender it. We, sir, are the supporters of the President. We regret that we cannot support General Jackson also. The gentleman's liberality is more comprehensive than ours. I approve with all my heart of the restoration of Pensacola. I think St. Marks ought, perhaps, to have been also restored; but I say this with doubt and diffidence. That the President thought the seizure of the Spanish posts was an act of war, is manifest from his opening message, in which he says that, to have retained them, would have changed our relations with Spain, to do which the power of the executive was incompetent, Congress alone possessing it. The President has, in this instance, deserved well of his country. He has taken the only course which he could have pursued, consistent with the constitution of the land. And I defy the gentleman to make good both his positions, that the general was right in taking, and the President right in giving up, the posts.

Mr. Holmes explained.

The honorable gentleman from Massachusetts has endeavored to derive some authority to General Jackson from the message of the president, and the letter of the Secretary of War to Governor Bibb. The message declares that the Spanish authorities are to be respected whereever maintained. What the president means by their being maintained is explained in the orders themselves, by the extreme case being put of the enemy seeking shelter under a Spanish fort. If even in that case he was not to attack, certainly he was not to attack in any case The gentleman from Massachusetts is truly of less strength. The letter to Governor Bibb unfortunate; fact or principle is always against admits of a similar explanation. When the him. The Spanish posts were not in the possecretary says, in that letter, that General Jack-session of the enemy. One old Indian only was son is fully empowered to bring the Seminole war to a conclusion, he means that he is so empowered by his orders, which, being now be fore us, must speak for themselves. It does not appear that General Jackson ever saw that letter, which was dated at this place after the capture of St Marks. I will take a momentary glance at the orders..

found in the Barancas, none in Pensacola, none in St. Marks. There was not even the color of a threat of Indian occupation as it regards Pensacola and the Barancas. Pensacola was to be restored unconditionally, and might, therefore, immediately have come into the possession of the Indians, if they had the power and the will to take it. The gentleman is in a dilemma On the 2d of December, 1817, General Gaines from which there is no escape. He gave up was forbidden to cross the Florida line. Seven General Jackson when he supported the Presidays after, the Secretary of War having arrived dent, and gave up the President when he suphere, and infused a little more energy into our ported General Jackson. I rejoice to have seen councils, he was authorized to use a sound dis- the President manifesting, by the restoration of cretion in crossing or not. On the 16th, he Pensacola, his devotedness to the constitution. he was instructed again to consider himself at When the whole country was ringing with liberty to cross the line, and pursue the enemy; plaudits for its capture, I said, and I said alone, but, if he took refuge under a Spanish fortress, in the limited circle in which I moved, that the the fact was to be reported to the Department President must surrender it; that he could not of War. These orders were transmitted to Gen- hold it. It is not my intention to inquire, eral Jackson, and constituted, or ought to have whether the army was or was not constitutionconstituted, his guide. There was then no jus- ally marched into Florida. It is not a clear tification for the occupation of Pensacola, and question, and I am inclined to think that the the attack on the Barancas, in the message of express authority of Congress ought to have the President, the letter to Governor Bibb, or been asked. The gentleman from Massachuin the orders themselves. The gentleman from setts will allow me to refer to a part of the corMassachusetts will pardon me for saying, that respondence at Ghent different from that which he has undertaken what even his talents are not he has quoted. He will find the condition of competent to the maintenance of directly con- the Indians there accurately defined. And it is tradictory propositions, that it was right in widely variant from the gentleman's ideas on General Jackson to take Pensacola, and wrong this subject. The Indians, inhabiting the United in the President to keep it. The gentleman has States, according to the statement of the Amermade a greater mistake than he supposes Gen-ican commissioners at Ghent, have a qualified

sovereignty only, the supreme sovereignty resid- | not preserve the liberties of his devoted couning in the Government of the United States. try! The celebrated Madame de Staël, in her They live under their own laws and customs, last and perhaps her best work, has said, that in may inhabit and hunt their lands; but acknowl- the very year, almost the very month, when edge the protection of the United States, and the president of the directory declared that have no right to sell their lands but to the Gov- monarchy would never more show its frightful ernment of the United States. Foreign powers head in France, Bonaparte, with his grenadiers, or foreign subjects have no right to maintain entered the palace of St. Cloud, and dispersing, any intercourse with them, without our permis- with the bayonet, the deputies of the people, sion. They are not, therefore, independent na- deliberating on the affairs of the State, laid the tions, as the gentleman supposes. Maintaining foundation of that vast fabric of despotism the relation described with them, we must which overshadowed all Europe. I hope not allow a similar relation to exist between Spain to be misunderstood; I am far from intimaand the Indians residing within her dominions. ting that General Jackson cherishes any designs She must be, therefore, regarded as the sover- inimical to the liberties of the country. I beeign of Florida, and we are, accordingly, treat- lieve his intentions to be pure and patriotic. I ing with her for the purchase of it. In strict- thank God that he would not, but I thank him ness, then, we ought first to have demanded of still more that he could not if he would, overher to restrain the Indians, and, that failing, we turn the liberties of the Republic. But preceshould have demanded a right of passage for dents, if bad, are fraught with the most dangerour army. But, if the President had the ous consequences. Man has been described, by power to march an army into Florida, without some of those who have treated of his nature, consulting Spain, and without the authority of as a bundle of habits. The definition is much Congress, he had no power to authorize any truer when applied to governments. Precedents act of hostility against her. If the gentleman are their habits. There is one important differhad even succeeded in showing that an author- ence between the formation of habits by an ity was conveyed by the executive to General individual and by governments. He contracts Jackson to take the Spanish posts, he would only only after frequent repetition. A single instance have established that unconstitutional orders fixes the habit and determines the direction of had been given, and thereby transferred the governments. Against the alarming doctrine disapprobation from the military officer to the of unlimited discretion in our military comexecutive. But no such orders were, in truth, manders when applied even to prisoners of war, given. The President acted in conformity to I must enter my protest. It begins upon them; the constitution, when he forbade the attack it will end on us. I hope our happy form of of a Spanish fort, and when, in the same spirit, government is to be perpetual. But, if it is to he surrendered the posts themselves. be preserved, it must be by the practice of virtue, by justice, by moderation, by magnanimity, by greatness of soul, by keeping a watchful and steady eye on the executive; and, above all, by holding to a strict accountability the military branch of the public force.

I will not trespass much longer upon the time of the committee; but I trust I shall be indulged with some few reflections upon the danger of permitting the conduct on which it has been my painful duty to animadvert, to pass without the solemn expression of the disapprobation of this House. Recall to your recollection the free nations which have gone before us. Where are they now?

We are fighting a great moral battle, for the benefit not only of our country, but of all mankind. The eyes of the whole world are in fixed attention upon us. One, and the largest portion of it, is gazing with contempt, with jealousy,

"Gone glimmering through the dream of things that and with envy; the other portion, with hope,

were,

A school-boy's tale, the wonder of an hour."

And how have they lost their liberties? If we could transport ourselves back to the ages when Greece and Rome flourished in their greatest prosperity, and mingling in the throng, should ask a Grecian if he did not fear that some daring military chieftain, covered with glory, some Philip or Alexander, would one day overthrow the liberties of his country, the confident and indignant Grecian would exclaim, No! no! we have nothing to fear from our heroes; our liberties will be eternal. If a Roman citizen had been asked, if he did not fear that the conqueror of Gaul might establish a throne upon the ruins of public liberty, he would have instantly repelled the unjust insinuation. Yet Greece fell; Cæsar passed the Rubicon, and the patriotic arm even of Brutus could

with confidence, and with affection. Everywhere the black cloud of legitimacy is suspended over the world, save only one bright spot, which breaks out from the political hemisphere of the west, to enlighten, and animate, and gladden the human heart. Obscure that by the downfall of liberty here, and all mankind are enshrouded in a pall of universal darkness. To you, Mr. Chairman, belongs the high privilege of transmitting, unimpaired, to posterity, the fair character and liberty of our country. Do you expect to execute this high trust, by trampling or suffering to be trampled down, law, justice, the constitution, and the rights of the people by exhibiting examples of inhumanity, and cruelty, and ambition? When the minions of despotism heard, in Europe, of the seizure of Pensacola, how did they chuckle, and chide the admirers of our institutions, tauntingly

Mr. Johnson, the faithful and consistent sentinel of the law and of the constitution, disapproved in that instance, as he does in this, and moved an inquiry. The public mind remained agitated and unappeased, until the recent atonement so honorably made by the gallant commodore. And is there to be a distinction between the officers of the two branches of the public service? Are former services, however eminent, to preclude even inquiry into recent misconduct? Is there to be no limit, no prudential bounds to the national_gratitude? I am not disposed to censure the President for not ordertial. Perhaps, impelled by a sense of gratitude, he determined, by anticipation, to extend to the general that pardon which he had the undoubted right to grant after sentence. Let us not shrink from our duty. Let us assert our constitutional powers, and vindicate the instrument from military violation.

pointing to the demonstration of a spirit of injustice and aggrandizement made by our country, in the midst of an amicable negotiation! Behold, said they, the conduct of those who are constantly reproaching kings! You saw how those admirers were astounded and hung their heads. You saw, too, when that illustrious man, who presides over us, adopted his pacific, moderate, and just course, how they once more lifted up their heads with exultation and delight beaming in their countenances. And you saw how those minions themselves were finally compelled to unite in the general praises bestowed upon our government. Beware how you forfeiting a court of inquiry, or a general court-marthis exalted character. Beware how you give a fatal sanction, in this infant period of our republic, scarcely yet two-score years old, to military insubordination. Remember that Greece had her Alexander, Rome her Cæsar, England her Cromwell, France her Bonaparte, and that if we would escape the rock on which they split, we must avoid their errors.

I hope gentleman will deliberately survey the How different has been the treatment of awful isthmus on which we stand. They may General Jackson and that modest, but heroic bear down all opposition; they may even vote young man, a native of one of the smallest the general the public thanks; they may carry States in the Union, who achieved for his coun-him triumphantly through this House. But, if try, on Lake Erie, one of the most glorious they do, in my humble judgment, it will be a victories of the late war. In a moment of triumph of the principle of insubordination, a passion, he forgot himself, and offered an act triumph of the military over the civil authority, of violence which was repented of as soon as a triumph over the powers of this House, a perpetrated. He was tried, and suffered the triumph over the constitution of the land. And judgment to be pronounced by his peers. Pub-I pray most devoutly to Heaven, that it may lic justice was thought not even then to be not prove, in its ultimate effects and consesatisfied. The press and Congress took up the quences, a triumph over the liberties of the subject. My honorable friend from Virginia, people.

SPEECH ON INTERNAL IMPROVEMENT.

Mr. Clay delivered this speech, in the House of Representatives of the United States, on the sixteenth of January, 1824; on "a bill authorizing the President of the United States to cause certain surveys and estimates to be made on the subject of roads and canals:"

MR. CHAIRMAN: I cannot enter on the discussion of the subject before us, without first asking leave to express my thanks for the kindness of the committee, in so far accommodating me as to agree, unanimously, to adjourn its sitting to the present time, in order to afford me the opportunity of exhibiting my views; which, however, I fear I shall do very unacceptably. As a requital for this kindness, I will endeavor, as far as is practicable, to abbreviate what I have to present to your consideration. Yet, on a question of this extent and moment, there are so many topics which demand a deliberate examination, that, from the nature of the case, it will be impossible, I am afraid, to

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reduce the argument to any thing that the com-
mittee will consider a reasonable compass.
has now existed for several years a difference
It is known to all who hear me, that there
of opinion between the executive and legislative
branches of this government, as to the nature
and extent of certain powers conferred upon it
by the constitution. Two successive Presidents
have returned to Congress bills which had pre-
viously passed both Houses of that body, with
a communication of the opinion, that Congress,
under the constitution, possessed no power to
enact such laws. High respect, personal and
official, must be felt by all, as it is due, to those
distinguished officers and to their opinions,
thus solemnly annourt ; and the most pro-
found consideration belongs to our present
chief magistrate, who has favored this House
with a written argument, of great length and
labor, consisting of not less than sixty or seventy
pages, in support of his exposition of the con-
stitution. From the magnitude of the interests
involved in the question, all will readily concur

that, if the power is granted, and does really exist, it ought to be vindicated, upheld and maintained, that the country may derive the great benefits which may flow from its prudent exercise. If it has not been communicated to Congress, then all claim to it should be, at once, surrendered. It is a circumstance of peculiar regret to me, that one more competent than myself had not risen to support the course which the legislative department has heretofore felt itself bound to pursue on this great question. Of all the trusts which are created by human agency, that is the highest, most solemn, and most responsible, which involves the exercise of political power. Exerted when it has not been intrusted, the public functionary is guilty of usurpation. And his infidelity to the public good is not, perhaps, less culpable, when he neglects or refuses to exercise a power which has been fairly conveyed, to promote the public prosperity. If the power, which he thus forbears to exercise, can only be exerted by himif no other public functionary can employ it, and the public good requires its exercise, his treachery is greatly aggravated. It is only in those cases where the object of the investment of power is the personal ease or aggrandizement of the public agent, that his forbearance to use it is praiseworthy, gracious, or magnanimous.

post offices and post roads, to regulate commerce among the several States, that in relation to the judiciary, besides many other powers indisputably belonging to the federal government, are strictly municipal. If, as I understood the gentleman in the course of the subsequent part of his argument to admit, some municipal powers belong to the one system, and some to the other, we shall derive very little aid from the gentleman's principle, in making the discrimination between the two. question must ever remain open-whether any given power, and, of course, that in question, is or is not delegated to this government, or retained by the States?

The

The conclusion of the gentleman is, that all internal improvements belong to the State governments: that they are of a limited and local character, and are not comprehended within the scope of the federal powers, which relate to external or general objects. That many, perhaps most internal improvements, partake of the character described by the gentleman, I shall not deny. But it's no less true that there are others, emphatically national, which neither the policy, nor the power, nor the interests, of any State will induce it to accomplish, and which can only be effected by the application of the resources of the nation. The improveI was extremely happy to find, that, on many ment of the navigation of the Mississippi furof the points of the argument of the honorable nishes a striking example. This is undeniably gentleman from Virginia, Mr. Barbour, there is a great and important object. The report of a entire concurrence between us, widely as we highly scientific and intelligent officer of the differ in our ultimate conclusions. On this engineer corps (which I hope will be soon taken occasion (as on all others on which that gentle- up and acted upon) has shown that the cost of man obliges the House with an expression of any practicable improvement in the navigation his opinions), he displayed great ability and of that river, in the present state of the inhabingenuity; and, as well from the matter as itants of its banks, is a mere trifle in comparison from the respectful manner of his argument, it to the great benefits which would accrue from is deserving of the most thorough consideration. it. I believe that about double the amount of I am compelled to differ from that gentleman at the loss of a single steamboat and cargo (the the very threshold. He commenced by laying Tennessee) would effect the whole improvement down as a general principle, that, in the distri- in the navigation of that river, which ought to bution of powers among our federal and State be at this time attempted. In this great object governments, those which are of a municipal | twelve States and two territories are, in different character are to be considered as appertaining degrees, interested. The power to effect the to the State governments, and those which improvement of that river is surely not municirelate to external affairs, to the general govern- pal, in the sense in which the gentleman used ment. If I may be allowed to throw the argu- the term. If it were, to which of the twelve ment of the gentleman into the form of a States and two territories concerned does it syllogism (a shape which I presume would be belong? It is a great object, which can only quite agreeable to him), it amounts to this: be effected by a confederacy. And here is municipal powers belong exclusively to the existing that confederacy, and no other can State governments; but the power to make in- lawfully exist: for the constitution prohibits ternal improvements is municipal; therefore it the States, immediately interested, from enterbelongs to the State governments alone. I denying into any treaty or compact with each other. both the premises and the conclusion. If the gentleman had affirmed that certain municipal powers, and the great rches of them, belong to the State governments nis proposition would have been incontrovertible. But if he had so qualified it, it would not have assisted the gentleman at all in his conclusion. But surely the power of taxation, the power to regulate the value of coin, the power to establish a uniform standard of weights and measures, to establish

Other examples might be given to show, that, if even the power existed, the inclination to exert it would not be felt, to effectuate certain improvements eminently calculated to promote the prosperity of the union. Neither of the three States, nor all of them united, through which the Cumberland road passes, would ever have erected that road. Two of them would have thrown in every impediment to its completion in their power. Federative in its char

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