there was an absolute and most ominous silence
in Congress about slavery. Almost every leading
man there told me in conversation that it was the
grand question of all ; that every member s mind
was full of it ; that nearly all other questions were
much affected, or wholly determined by it ; yet riTT
one even alluded to it in public. v ^!Before I left, it
had found its way into both houses. The houses
had, in some sort, come to a vote upon it, which
showed the absolute abolition strength in the
House of Representatives to be forty-seven.
The entering wedge having been thus far driven,
it is inconceivable that the nation will allow it to
be withdrawn by surrendering their right of peti
tion. When I left, however, the people had vir
tually no right of petition with regard to the Dis-
THE GENERAL GOVERNMENT. 45
trict over which they i. e. their Congress have
an exclusive jurisdiction.
Again. There were loud and extensive com
plaints, last session, of the despotism of the chair
in the House of Representatives, chiefly in con
nexion with the subject of slavery. No members,
it was said, were allowed a fair hearing but those
who sat in a particular part of the house. If this
complaint arises out of the peevishness of political
disappointment, it will soon be contradicted by
facts. If it is true, ; ; is a grave injury. In either
case, the chair will not long possess this power of
despotism. If the favoured are few, as the com
plaint states, the injured many will demand and
obtain the power to make themselves heard in turn ;
and no spirit of party can long stand in the way of
a claim so just.
Again. After the gentlemen of Charleston had
disgraced their city and country, by breaking into
the post-office, and burning the contents of the
mail-bags, in their dread of abolition papers, a
post-master wrote to a member of the cabinet, de
siring his approbation for having examined and re
fused to forward certain papers mailed at his office.
The member of the cabinet, Kendall, gave the de
sired sanction to this audacious stoppage of the
post-office function, declaring that the good of the
community (as judged of by the individual) is a
consideration above the law. The strangers in tHe
land knew not what to make of the fool-hardiness
of hazarding such a declaration, in a man of
Kendall s wit. It was known that he desired the
office of post-master-general; that the president
wished him to have it, and that the doubt was
whether the Senate would confirm the appoint
ment. Soon after this apparently fatal declara
tion, he was nominated, and the Senate confirmed
his appointment. The declaration, no doubt,
?46 , THE GENERAL GOVERNMENT.
>s-^
seated him in office. The southern members were
won by it. Kendall calculated rightly for his im
mediate object. What is to become of him when
the people shall at length recognise the peril and
insult to themselves of one of their favoured ser
vants declaring the will of an individual to be oc
casionally subversive of the law i. e. of the will
of the majority remains to be seen. Meantime,
the continuance in office of the person whose de
claration to the above effect remains unretracted,
may be regarded as one of the deepest wounds
which has been inflicted on the liberties of the
nation.
Another attempt, brought on, no doubt, by Ken
dall s success, to derange or stop the functions of
the post-office, has failed. Mr. Calhoun s Bill,
commonly called the Gag Bill, prohibiting post
masters from receiving and forwarding any papers
whatsoever containing anything relating to slavery,
actually was brought to a third reading by the cast
ing vote of the president of the Senate. There
Xvas fear, at the time, that this casting vote might
ensure the success of the bill, from the popularity
of the vice-president. But the bill was thrown
out on the third reading; and the effect of the
casting vote has been, not to aid the bill, but to in
jure materially the popularity of the vice-president.
This is so far well. It shows that the people are
preparing to grapple honestly with the great, the
hideous question, out of which arise these minor
encroachments upon their liberties,
Out of the slavery question arose the last mon
strous usurpation of Congress, for which the em
phatic rebuke of the nation awaits the sinning
members. The story deserves to be told at length,
on account both of its peculiarities, and of its fur
nishing a fair illustration of certain relations between
the state and general governments.
THE GENERAL GOVERNMENT. 47
Great Britain was not very learned in the geo
graphy of the new world, in the early days of her
colonies there. She gave Virginia a patent for
lands, including what is now Ohio, Indiana, Illinois,
Michigan, Missouri, and on to the Pacific. Other
colonies obtained grants of equal moderation as to
size, and wisdom as to disposition. This absurd
partition, it was found, must occasion irreconcilable
quarrels among the members of the confederation ;
and Washington proposed that all, after fixing their
own boundaries, should throw into the common
stock the huge unoccupied domain. Virginia led
the way in making this honourable sacrifice. She
fixed her own boundary ; and the articles of com
pact between the United States and the people of
the territory north-west of the Ohio river, declared
that the territory should be divided into not more
than five, nor less than three States. This was in
1787. The boundary prescribed for Ohio and
Michigan, was found to be " not convenient."
That is, Ohio found it so ; and Michigan was not
in a situation, at the time when Ohio was admitted
into the Union, to insist upon the ancient boun
dary, prescribed at the time of the cession of land
by Virginia. When Ohio was made a State, the
boundary she desired was, among other particulars,
ratified by Congress.
In 1816, another portion of land, lying within
what Michigan supposed to be her own territory,
was taken from her, and added to Indiana, on the
latter being made a State. An equivalent is offered
to Michigan in a portion of land, to be taken out
of Wisconsin, on the western side of Lake Michi
gan, which is the natural boundary of the territory.
Michigan alleges that the inconvenience of a part
of her territory lying on the other side of the lake
would be so great, that the inhabitants would prefer
belonging to Wisconsin; and the land would be
48 THE GENERAL GOVERNMENT.
ceded, as soon as Wisconsin becomes a State. The
decision of the right of this case is the proper busi
ness of the Supreme Court, whenever the contest
ing parties shall have all come into the Union.
Meantime, all parties are interested in bearing
down the claims of Michigan. Ohio and Indiana
desire to keep the lands Congress has authorised
them to take. The slave States are anxious to
hinder the increase in number of the free States ;
and by the ordinance of 1787, slavery is prohibited
for ever, north-west of the Ohio. The slave States
hope, by giving to Michigan a slice of Wisconsin,
to make Wisconsin too small to be hereafter divided
into two States. In this object, the south will be
foiled. Even if slavery should exist till Wisconsin
is ready for admission into the Union, there are two
ways by which the desire of the south may and
will be foiled. By the re-cession of the inconve
nient portion by Michigan, as mentioned above ;
and by the willingness of these northern States to
make themselves smaller, and add one to their
number, as, by a proviso in the original compact,
they have power to do, than let themselves be over
borne by the south. This part of the contest, for
" a balance of power," arises altogether out of the
slavery question.
Soon after I entered the country, Michigan be
came qualified to request admission into the Union.
She did so, declaring her discontent with the boun
daries prescribed to her by Congress, and her
intention to demand, in the Supreme Court, on her
admission, the re-establishment of the old ones. I
was amused with the different views of the affair
presented to me in different parts of the country.
At Cincinnati, in June, 1835, I was told that the
President had just transmitted a threat to Ohio,
that if she did not yield the boundary claimed by
Michigan, he would send the United States troops
THE GENERAL GOVERNMENT. 49
to fight it out It was added that the vice-presi
dent had thus far prevailed with the President ; it
being of importance to Mr. Van Buren, that Mi
chigan, which he considered in his interest, should
be admitted into the Union in time to vote for him
in the presidential election of 1836. There was much
talk at Cincinnati of the resources of Ohio. The
people would turn out, to a man. The legislature
had instantly voted 300,000 dollars to raise troops ;
and one hundred and fifty thousand men would im
mediately be in the field: while Michigan had neither
men nor money ; had absolutely nothing to depend
upon but the six thousand United States soldiers.
This seemed to me to be too clear a case to be a
very true one : and the event belied the story in
almost every particular. Michigan did raise men ;
(though there was no war :) she had not the United
States troops : she is not in the interest of Van
Buren; and Ohio could bring no troops into the
field.
Michigan proceeded to organise her state go
vernment, and sent her senators to Washington,
during the session of 1835 and 1836. They were
allowed to witness the proceedings, but not, of
course, to vote. When 1 arrived at Detroit, the
capital of Michigan, in the middle of June, 1836,
the Governor told me that the Michiganians
were in the singular position of having a state go
vernment in full operation, while they were ex
cluded from the Union. The general opinion
seemed to be that some concession must be made
about the boundary line ; in which case, Michigan
would be admitted, in time to vote at the presiden
tial election. I pursued my travels through and
around the Territory; and when I returned to
Detroit, a month afterwards, 1 found the place in a
state of high excitement : an excitement fully war
ranted by the circumstances which had occurred.
VOL. I. D
50 THE GENERAL GOVERNMENT.
Congress had acknowledged Michigan to be a
sovereign State ; and had offered to admit her into
the Union, on condition of her surrendering all
claim to the disputed portions of territory.
A grosser usurpation of power can hardly be
conceived. Congress here usurped the function of
the Supreme Court in passing sentence against Mi
chigan : passing sentence, too, without hearing, or
having a right to listen to, evidence on the case.
Congress here required of Michigan to lay down her
rights on the threshold of the Union, if she meant
to be admitted. Mr. Adams intrepidly declared
in the House of Representatives, that Michigan
had more cause to ply the Nullification doctrine
than South Carolina ever had. A South Carolina
milliner declared in conversation, that he believed
the Michiganians claims to be just : but that, sooner
than give her the means of summoning another
sovereign State before the Supreme Court, he would
vote for her exclusion from the Union as long as
he lives. A strange posture of affairs, where all
justice seemed to be set aside, and the constitution
to have become a dead letter !
The anxiety next was to know what Michigan
would do. There seemed too many symptoms of
yielding. It was mournful to those who felt that
JO, . .
now was the time, now the opportunity, so often
sighed for in the best moments of the best: men,
for making a heroic stand for the right, to hear the
forebodings about the canal shares, the lake trade,
the probable pecuniary loss in various ways, if
there should be delay in the admission of Michigan
into the Union. If we spoke of the constitution,
we were answered with the canal. If we spoke of
patriotism, we were answered with the surplus re
venue the share of it that would be lost. Then,
there were fears of war. \Ye were told that the alter
native was admission, with its advantages, and a
THE GENERAL GOVERNMENT. 51
surrender of the contested lands; and exclusion,
with war between infant Michigan and Ohio,
backed by the United States. The alternative
was rather, admission, with submission to uncon
stitutional force ; or exclusion, with the lonely en
joyment of an honest sovereignty. I kit this was
not the only alternative. Remaining out of the
Union did not involve war. Michigan might re
main out of the Union, peaceably, and under pro
test, till the people of the United States should
become fully possessed of her case, and aroused to
do her justice 1 . It was with heartfelt delight that
I found, at length, that this last honest course is
that which Michigan has determined to pursue.
It is so common for communities, as for indivi
duals, to miss the moment for doing the greatest
of their deeds, ta have the bright object of their
preceding worship eclipsed at the critical moment,
to pray incessantly that they may be honest, and
then stand aghast, after all, at an honest deed,
that the meeting of the Convention which was to
consider of this affair, was watched with deep anx
iety by the friends of Michigan. We, their visitors,
gathered hope from the tone of the Governor, and
others with whom we conversed ; from the aspect
of the legislators who were assembled to discuss
the Governor s message men with earnest and
sensible faces, who looked as if they were aware
that their liberties were at stake; and from the
spirited conduct of Michigan from the beginning of
I O O - O
the quarrel. Still, we were doubtful whether the
canal, the surplus revenue, and the probable war,
would not bo too much for the fortitude of so
young a people. They have shamed our fears, and
made a stand for constitutional liberty, which will
secure to them the gratitude of the Union, to the
latest day of its existence. They have refused to
enter the Union on the unconstitutional terms pro-
D 2
52 THE EXECUTIVE.
posed. The people will see that they are honour
ably admitted, and that Congress is duly rebuked.
SECTION II.
THE EXECUTIVE.
THE principle which is professed in the ap
pointment of a chief magistrate in the United
States is, that his removal is to be as easy as pos
sible, and effected without disturbing for a moment
the proceedings of government. Under the idea
that this last must be impossible, some of the pa
triots of 1789 were opposed to the institution of the
office of President altogether ; and there are now
some who desire that the chief magistrate should
be, as nearly as possible, a cipher ; that, for this
purpose, his election should be annual; and that,
if this cannot be, the term should continue to be
four years, but without renewal. Such declare
that the office was made for the man, Washington,
who was wanted, to reconcile all parties. They
maintain that, though it was, for a considerable
time, well filled, it must become, sooner or later,
dangerous to the public welfare : that it compre
hends too much power for a citizen of a republic
to hold, presents too high a stake, occupies too
much thought, and employs too much endeavour,
to the exclusion of better objects.
Some desire that the office should have a dura
tion of six years, without renewal.
No one dreams of an attempt to hold the office
I
THE EXECUTIVE. 53
for a third term ; and there is every prospect that,
4f any President should be ambitious enough to de-
sire a second re-election, he would fail, and descend
from his high station with a total loss of honour.
Some think so highly of the dignity of the chief
agistracy, as to propose that ex-presidents should
debarred from holding lower offices. This
looks too like an approximation to the monar
chical principle to be, or to become, a popular way
of viewing the subject. It is a proposition of the
high federalists. I was far more gratified than
amused at seeing Mr. Adams daily in his seat in
the House of Representatives, while the history of
his administration was perpetually referred to by
those who discussed the politics of the country
with me. I am aware that two interpretations may
be put upon the fact of an ex-president desiring a
lower office. It may occur from a patriotism which
finds its own dignity in the welfare of its country,
or from a restless ambition to be in the public eye.
In either case, it seems to be no matter for a fixed
rule. The republican principle supposes every man
to be at all times ready to serve his country, when
called upon. The rest must be left to the cha
racter of the man, and the views of his consti
tuents.
, Others think so much more highly of the dignity
Alii the Senate than of the executive, as to desire
that senators should be ineligible for tha-joffice of
President. The object here is two-fold rfo exalt
the Senate ; and, by making half a hundrrx}, offices
higher in honour than that of President^to drain
off some of the eager ambition which flows in the
direction of the executive function. But power is
more alluring than honour; and executive offices
will always be objects of choice, in preference to
legislative, except with a very small class of men.
Besides, the Senate is already further removed
54 THE EXECUTIVE.
from the control of the people, than consistency
with the true republican principle allows: and if
the people are to be precluded from choosing their
chief magistrate from among the fifty wisest men
(as the senators are in theory) that the States can
choose for the guardianship of their interest?, the
dignity of both functions would be much lowered.
In theory, the people s range of choice for their
chief magistrate is to extend from the vice-presi
dent s chair to the humblest abode which nestles
in the rocks of their eastern coasts, or overlooks the
gulf of Mexico. The honour in which the Senate
is held must depend on its preserving the character,
which, on the whole, it has hitherto maintained.
A nobler legislative body, for power and principle,
has probably never been known. Considering the
number of individuals of whom it is composed, its
character has, perhaps, been as remarkable as that
of the noble array of Presidents, of which the
United States have to boast. If, amidst its indirect
mode of election, and long term of office, it should
prove equally stable in principle, and flexible in its
methods of progress, it may yet enjoy a long term
of existence, as honourable as could be secured by
any exclusion of its members from other offices in
the commonwealth.
By far the greatest apprehension connected with
the President s office, relates to the extent of his
patronage. It was highly alarming, at first, to
hear all that was said about the country being
ridden with administration-officers, and office-ex
pectants. A little arithmetic, however, proved
very cheering. The most eminent alarmist 1 hap
pened to converse with, stated the number of per
sons directly and indirectly interested in the bcstow-
ment of office by the executive, to be 150,000.
No exact calculation can be made, since no one can
do more than conjecture how many persons at a
THE EXECUTIVE. 55
time are likely to be in expectation of any one
office. ]>ut the above may be taken as the widest
exaggeration which an honest alarmist can put
forth. This class of interested persons is, after
all, but a small section of the population. There
is every reason to fear that official corruption is
abundant under all governments ; and, for some
reasons \vhich will be easily apprehended, remark
ably so under the government of the United States;
but, when it is considered how small a proportion
of the people is, at any time, interested in office,
and how many persons in office are to be, in fair
ness, supposed honest, the evil of executive patron
age diminishes to the imagination so rapidly as to
induce a suspicion tMt many who say the most
about it are throwing a tub to the whale. The
watchfulness on the executive power thus induced
is a benefit which will set off against a great amount
of alarm. It will assist the people to find the
true mean between their allowing the President too
much power over the servants who are to transact
their business, and their assuming too much con
trol over the servants who are to transact his.
Difficult as it is to resist impressions on the
spot, from all that is said about the power of the
executive, and the character of the President of
, the time, the worst alarms are derided by the event.
f It does not appear as if the President could work
T any permanent effect upon the mind and destiny of
V the nation. It is of great consequence to tlip
morals and prosperity of the season, that the chief
magistrate should be a man of principle, rather
than expediency; a frank friend of the people,
rather than their cunning flatterer; a man of sense
and temper, rather than an angry bigot ; a man of
* business, rather than a blunderer. But the term ->
] of an unworthy or incapable President is pretty j %
i sure to be the shortest ; and, if permitted to serve
56 THE EXECUTIVE.
his eight years, he can do little unless he acts, on
.^the whole, in accordance with the mind of the
^^ people. If he has any power, it is because the
people are with him : in which case, he cannot be
very destructive to their interests. If he does not
proceed in accordance with public sentiment, he
\has no power. A brief review of the course of
the American Presidents seems to show that their
influence subsides into something very weak and
transitory; always excepting that immeasurable
and incalculable influence which is breathed forth
through the remotest generations, by the personal
, character of conspicuous individuals.
\^J Washington s influence is a topic which no one
is ever hardy enough to approach, in the way of
measurement or specification. VVithin the compass
of his name lies more than other words can tell of
his power over men^ When the British officers
were passing up the Potomac, in the last war, to
perpetrate as dastardly a deed of spoliation at the
capital as ever it was the cruel fate of soldiers to
be ordered to do, they desired to be told when they
were passing the burial place of Washington, and
stood uncovered on deck as long as they were
within sight of Mount Vernon. Any in England
who happen to know how deeply disgraced their
country was by the actors in this expedition, will
feel what the power must have been which, breath
ing from that shore, humanised for the hour the
cowardly plunderers as they floated by. But it
was Washington, the man, not the President, who
moved them to uncover their heads. It is Wash
ington, the man, not the President, whose name is
lovingly spoken, whose picture smiles benignly in
~ every inhabited nook of his own congregation of
^ republics. It is even Washington, the man, not
)the President, whose name is sacred abr>ve all
Bothers, to men of all political parties. It was
THE EXECUTIVE. 57
Washington, the man, who united the votes of all
parties in his presidentship, since, so far from pre
tending to agree with all, he took and left, without
fear or favour, what convictions he could or could
not adopt from each. The one impression which
remains of his presidentship is its accordance with
himself. Had it been, in any respect, a lower self,
there would have been little left of Washington
in the people now.
JjpAdams came in by the strength of the federal
party. Supported by the slave States, and all the
federalism of the north, he had the means, if any
President ever had, of leaving a strong and perma
nent impression on the face of affairs. He^fiUe^
up his_officg witix Jedecaliste. Everything during
his term of office favoured the influence of the fede
ralists. The nation was almost beside itself with
panic at the political convulsions of Europe. Yet,
notwithstanding all this, and Mr. Adams s great
weight of character, giving influence to his partia
lities, the people revealed themselves, in the choice
of his successor, staunchly republican.
5f Jefferson s influence was greater than that of any
other President, except Washington; and the reason
is, that/hijg ormvifitirmfl went along with the .na
tional mind.} If Jefferson, with the same love of
tHeTpeople, the same earnestness of temper, and
grace of manners, had been in any considerable
degree less democratic, he might have gone credit
ably through his term, and have been well spoken
of now; but he would not have been the honour
able means of two successors of the same princi