Part 340

The questions of contested elections, generally depending upon personal and temporary circumstances, are usually omitted in this abridgment; but where they rise higher and reach the principles of Government, or connect themselves with the national history, then they become questions of general and permanent interest, adding to the stock of political knowledge; and as such are entitled to historical commemoration. Upon this view of such questions the debate on the contested election of William Smith, of South Carolina, is here given; and that on the contested election of Albert Gallatin, and some others, will be given hereafter.

This remark of Mr. MADISON shows the true reason for instituting the previous question, which was to prevent debate in cases in which there ought not to be any; cases in which it was necessary to guard the House against improper discussion. What a departure from that reason has since taken place in the House of Representatives! for the Senate has, thus far, been shielded from the introduction of that question and its consequent abuse.

It was afterwards renewed and carried, and in that form the amendments were made, twelve in number, and form additional articles to the constitution, leaving the text of that instrument unaltered, but controlled by the amendment where they differ, as in the twelfth amendment.

By taking the hour of 5 o'clock for the funeral, the adjournment of the two Houses, and the loss of a day was obviated, while becoming respect was shown to the memory of the deceased member.

Having found a personal attendance on such occasions inconvenient, President Washington adopted the form of a written message in asking the advice and consent of the Senate to the formation of the treaties which he judged to be necessary. Mr. Polk followed this form in consulting the Senate on the Oregon treaty of 1846.

The galleries were unusually crowded.

The committee reported in favor of a residence of two years, and with that provision the bill was passed.

Estimated at twenty-one millions of dollars, and distributed among the States thus:

New Hampshire, $300,000 Massachusetts, 4,000,000 Rhode Island, 200,000 Connecticut, 1,600,000 New York, 1,200,000 New Jersey, 800,000 Pennsylvania, 2,200,000 Delaware, 200,000 Maryland, 800,000 Virginia, 3,200,000 North Carolina, 2,200,000 South Carolina, 4,000,000 Georgia, 300,000 ----------- $21,000,000

The motion of Mr. Madison was lost, and with it the largest door was opened to the pillage of original creditors, the plunder of the public Treasury and the corruption of Congress which the history of any Government has ever seen. The immediate mischief was some thirty millions: it was only the beginning. Assignees of claims have since been the great suitors to Congress--purchasing for a trifle, and upon speculation--pursuing the recovery by indirect means--taking no denial--and gaining in the end what was scouted at the start. It has given rise to a new profession--a new industrial pursuit, still more industrious by night than by day--hunting up claims, pressing them upon Congress; and by organization, skill, perseverance, appliances, and seductions carrying through the most unfounded demands. By the common law a chose in action (an executory contract) was not assignable; and the whole experience of our Government from the assumption of the State debts, and funding of the revolutionary certificates in 1790 down to the present day, shows that the interest of the original creditor, the safety of the Treasury, and the purity of Congress require this wise common law principle to be applied to all claims upon the Government.

These proceedings put an end to abolition petitions in Congress. The Society of which Dr. Franklin was president was purely philanthropic in its character, and having got the answer to their petition, "that Congress had no right to interfere in the emancipation of slaves, or their treatment in any of the States," acquiesced in the decision and did not repeat their application.

This measure became combined with the Assumption Bill. Each had failed by small majorities: both were afterwards passed. There was a strong sectional party for each, but not a majority. The Eastern and Middle States were for the assumption--the Southern States against it: these latter were for the Potomac for the seat of Government--the former for the Susquehannah. The discontent was extreme on each side at losing its favorite measure. At last the two measures were combined. Two members from the Potomac who had voted against the assumption, agreed to change their votes: a few from the Eastern and Middle States who had voted against the Potomac, agreed to change in its favor; and so the two measures were passed. Mr. Jefferson gives this account of it, omitting his strictures: "This measure (the assumption) produced the most bitter and angry contest ever known in Congress, before or since the union of the States. I arrived in the midst of it: but a stranger to the ground, a stranger to the actors in it, so long absent as to have lost all familiarity with the subject, and as yet unaware of its object, I took no concern in it. The great and trying question, however, was lost in the House of Representatives. So high were the feuds excited on this subject that, on its rejection, business was suspended. Congress met and adjourned from day to day without doing any thing, the parties being too much out of temper to do business together. The Eastern members threatened secession and dissolution. Hamilton was in despair. As I was going to the President's one day, I met him in the street. He walked me backwards and forwards before the President's door for half an hour. He painted pathetically the temper into which the Legislature had been wrought--the disgust of those who were called the creditor States--the danger of the secession of their members, and of the separation of the States. He observed that the members of the administration ought to act in concert--that though this question was not of my department, yet a common duty should make it a common concern--that the President was the centre on which all administrative questions ultimately rested, and that all of us should rally around him, and support, with joint efforts, measures approved by him; and that the question having been lost by a small majority only, it was probable that an appeal from me to the judgment and discretion of some of my friends, might effect change in the vote, and the machine of government, now suspended, might be again set in motion. I told him that I was really a stranger to the whole subject; that not having yet informed myself of the system of finances adopted, I knew not how far this was a necessary sequence; that undoubtedly, if its rejection endangered a dissolution of our Union at this incipient stage, I should deem that the most unfortunate of all consequences, to avert which all partial and temporary evils should be yielded. I proposed to him, however, to dine with me the next day, and I would invite another friend or two, bring them into conference together, and I thought it impossible that reasonable men, consulting together coolly, could fail, by some mutual sacrifices of opinion, to form a compromise which would save the Union. The discussion took place. I could take no part in it but an exhortatory one, because I was a stranger to the circumstances which should govern it. But it was finally agreed, that whatever importance had been attached to the rejection of this proposition, the preservation of the Union, and of concord among the States, was more important, and that therefore it would be better that the vote of rejection should be rescinded--to effect which some members should change their votes. But it was observed that this pill would be peculiarly bitter to the Southern States, and that some concomitant measure should be adopted to sweeten it a little to them. There had before been propositions to fix the seat of Government either at Philadelphia, or at Georgetown on the Potomac; and it was thought that by giving it to Philadelphia for ten years, and to Georgetown permanently afterwards, this might, as an anodyne, calm in some degree the ferment which might be excited by the other measure alone: so two of the Potomac members (White and Lee, but the former with a revulsion of stomach almost convulsive) agreed to change their votes; and Hamilton undertook to carry the other point."

Could the extent to which the evil has since been carried, have been foreseen at the time, the state of the vote might have been very different.

Topics of temporary interest omitted.

At this commencement of the second Congress, being in the third year of Washington's administration, and when the finances had been brought to order and system by General Hamilton, and the machinery of government put into fair and full operation, a proper point presents itself to look at the expenses of the new Government, both as a fact at the time, and as a point of comparison in the future. In the annual speech which the President delivered to the two Houses, he congratulated Congress on the adequacy of the revenues which had been provided, and on the prospect that no new burthens would be required to be laid upon the people. This was a gratifying announcement, and makes it desirable to see what was the revenue at that time, and to what objects applied. The first inquiry is answered by a recurrence to the two tariff acts which had been passed--one at the first, the other at the second session of the first Congress. The first act had produced near two millions of dollars, which, though five times beyond what was necessary for the support of the Government, was not sufficient for the demands of the public debt and the Indian war raging in the North-west. An augmentation of the duties became necessary, and was accomplished in the second act, but still on a scale of moderation. The ad valorems were 5 per centum, 7-1/2, 10, 12-1/2, 15; but in counting their product, only the two first may be considered, as the mass of the importations fell under those rates; to wit, above 16 millions under the two first, and less than one million under the three last; so that the 5 and the 7-1/2 ad valorems may be considered as the effective duties, and the actual levy upon the imports. The list of specific duties was enlarged in the second bill, (the Secretary of the Treasury wisely saying that the experience of the world showed that duties upon quantities, ascertainable by weight and measure, were the only ones capable of safe and cheap collection, and therefore to be preferred as far as possible.) and their rate increased, but still in moderate proportion. The produce of the whole was about 3-1/2 millions, which was nearly nine times as much as the support of the Government required, leaving nearly eight parts out of nine to go to the public debt, the Indian war, and other extraordinary objects. This important statement requires to be verified, which is done by referring to General Hamilton's estimate of appropriations at the commencement of this first session of the second Congress; to wit, CIVIL LIST, comprehending compensation to the President and Vice President--the Departments of State, Treasury and War--the Board of Commissioners--the government of the North-western Territory--the Judiciary--the two Houses of Congress--contingencies incident to the civil list: in all $328,653.00; to which was afterwards added $87,000 for diplomatic intercourse, increasing the amount of the annual estimate to $415,000. The public debt, the Indian war, and other extraordinaries took all the rest, amounting to about three millions; so that this small revenue, produced by such moderate duties upon the small importation of that day, sufficed for the support of the Government, for carrying on an Indian war as far off, (the distance measured by time and cost of march and transportation,) and with Indians far more formidable than any now in the world; and also for the interest of the public debt. This is a result for statesmen to consider, and to bring into comparison with the present state of things; and the reflection may be, that with the same spirit of economy which, then prevailed, the same knowledge of the objects for which the Federal Government was created, and the same determination to confine its action to those objects, the same moderate rate of duties on the large importations of this day would be entirely sufficient, both for the support of the Government and for all extraordinary objects. The cost of collecting the revenue in that early period also presents a point for retrospect and comparison; it was then about 3 and 1/3 per cent., and according to the principle of such collections, should become less in proportion to the larger amount collected. On the contrary, the increase has been inordinate! and is, perhaps, now hardly ascertainable, but cutting deep into the national income.

The case of Pennsylvania goes far to sustain this view. The policy of William Penn was that of justice and humanity to the Indians, and his colony was long exempt from its calamity of savage hostility. It had been settled seventy years--from 1680 to 1753--before an Indian killed one of its inhabitants, and then in consequence of a disturbance in a neighboring province. Such an exemption, for so long a time, and while all the other colonies were involved in Indian wars from their early settlement, while so honorable to Penn's government and to the inoffensive manners of the inhabitants, goes far to show that the Indians were manageable by good treatment, and that, although savage, their savageism was not of a kind to resist the effects of justice and kindness.

This speech, of Cornplanter, the famous chief of the Seneca tribe, (one of the Six Nations,) does not appear in the debates, having been confidentially read to the House; but it is found in the State papers of the time, and is, as the allusions to it implied, a plea in behalf of the Indians against the wrongs of the whites. Intrusion upon their lands, fraudulent purchases, and killing unoffending Indians, are the subjects of complaint. The speech opens with a characteristic appeal to Washington.

"Father: The voice of the Seneca nation speaks to you, the great councillor in whose heart the wise men of all the Thirteen Fires (Thirteen United States) have placed their wisdom. It may be very small in your ears, and we therefore entreat you to hearken with attention: for we are about to speak of things which are to us very great. When your army entered the country of the Six Nations, we called you the town destroyer; and to this day, when that name is heard, our women look behind them and turn pale, and our children cling close to the necks of their mothers. Our councillors and warriors are men, and cannot be afraid; but their hearts are grieved with the fears of our women and children, and desire it to be buried so deep as to be heard no more. When you gave us peace, we called you Father, because you promised to secure us in the possession of our lands. Do this, and, so long as the lands shall remain, that beloved name will live in the heart of every Seneca."

Then followed a complaint for wrongs done them in their lands; to which Washington replied that that wrong was done before the new Government was established and the management of Indian affairs given up to it; but that they would now be protected. This reply fell short of his expectations, and the Cornplanter rejoined:

"Father: Your speech written on the great paper, is to us like the first light of the morning to a sick man, whose pulse beats too strongly in his temples, and prevents him from sleep. He sees it and rejoices, but is not cured."

Of killing and robbing their people he said:

"Three men and one woman have been killed at Big Beaver Creek, and they were good people, and some of the white people will testify this. Twenty-seven men came from another State, and murdered these men in the Quaker State where they had come to trade, and took away all the horses, and all the goods they had purchased from the traders."

The President answers to this complaint that he is very angry to hear of this murder and robbery--that he will have it inquired into, and will comfort the friends and relations of the persons who were killed, and make them compensation for the horses and property taken; and do all in his power to bring the murderers to justice, and that he will consider the crime as bad, exactly, as if committed against so many white people, and will use the same endeavors to bring them to punishment. Satisfied with the assurances which the President gave them, the Cornplanter, and the other chiefs with him, took a formal and affectionate leave in writing; in which they say:

"Father: No Seneca ever goes from the fire of his friend until he has said to him 'I am going.' We therefore now tell you, that we are setting out for our own country. Father: We thank you from our hearts, that we now know there is a country we may call our own, and on which we may lie down in peace. We see that there will be peace between your children and our children, and our hearts are very glad."

On arriving at Pittsburg on their way home, for these interviews with Washington took place in Philadelphia, these children of the forest with a native sentiment of graceful politeness, wrote back to him to let him know how they were getting along, the whole expressed in two brief sentences.

"Through the whole Quaker State, as we came up the road, we were treated well, and they took good care of us until we came here. One misfortune happened only, that one of our wagons is not yet arrived here, the one we first engaged, and with the goods you presented to us."

They always speak affectionately of the Quaker State, and in one of the speeches to President Washington, having occasion to mention a promise made to them by the State, said:

"The Quaker State will do what it promises."