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THE 


AMERICAN 


ANNUAL    REGISTER; 


FOR 


THE   YEAR   1830—31, 


OR   THE 


JFIFTY-FIFTH  YEAR    OF    AMERICAN    INDEPENDENCE. 


BOSTON: 
PUBLISHED  BY   CHARLES  BOWEN 

NEW  YORK: 

E.    AND     G.W.  BLUNT. 

1833. 


Entered  according  to  Act  of  Congress,  in  the  year  1832. 

By  Charles  Bo  wen, 
in  the  Clerk's  office  of  the  District  Court  of  Massachusetts. 


ih 


o  j 


a 

I^30f3l 


CONTENTS 


Page. 

UNITED  STATES.— Policy  of  the  Administration.— "Sectional  Parties.— 
Policy  of  the  Southern  States— of  the  Northern. — Periodical  Press. — 
Political  Machinery. — Political  Course  of  the  President. — Quarrels  with 
the  Vice  President. — Change  of  Cabinet. — Causes  of  Resignations. — 
Character  of  New  Cabinet  opposition. — Anti-Masonic  Party — Origin  of 
same. — Principles  of  Anti-Masonic  Party. — Effect  upon  the  Politics  of 
the  Union. 9 

Indian  Affairs. — Conduct  of  Georgia. — Case  of  George  Tassel. — 
Resolutions  of  State  Legislature. — Survey  of  the  Cherokee  Territory. — 
Proceedings  of  State  Legislature. — Co-operation  of  the  Federal  Govern- 
ment.— Occupation  of  the  Cherokee  Country.— Arrest  of  Missionaries. — 
Condemnation  and  Imprisonment  of. — Process  in  Supreme  Court  of  the 
United  States.— Judgment  of  Court.— Change  in  mode  of  Paying  Indian 
Annuities. — Treaty  with  the  Cherokees. — Proceedings  of  Senate. — Motion 
in  House  on  the  Indian  Relations. — To  reform  mode  of  distributing  An- 
nuities.       .--.-.-        ^        -        .        -        -  26 

Foreign  Relations. — Claims  on  France. — Conduct  of  France. — Meas- 
ures of  Administration. — Objections  to  Claims. — Louisiana  Treaty. — 
Beaumarchais. — Treaty  with  France.— Intercourse  with  British  West  In- 
dies.— North  East  Boundary. — Origin  of  Controversy. — Treaty  of  1783. — 
Of  1794— of  1814— of  1827.— Umpire  appointed.— Award.— Protest  on 
the  part  of  the  United  States.        -         - 39 

Opening  of  Congress. — President's  Message. — Impeachment  of  Judge 
Peck. — Trial. — Acquittal. — Act  declaring  Law  of  Contempts. — Bill 
to  Repeal  the  25th  Section  of  Judiciary  Act. — Judicial  System  of  United 
States. — Mode  of  executing  Resolutions  of  Continental  Congress. — Mode 
Provided  by  Federal  Constitution. — Chisholm  vs.  Georgia. — Amendments 
to  Constitution. — Twenty-fifth  Section. — Cohens  vs.  Virginia.-^Decision 
of  Court. — Discontent. — Rejection  of  Bill  to  Repeal.        -        -        -        -       53 

Distinction  between  Federal  and  State  Governments. — Prospects  of 
the  Country. — Commerce. — Manufactures. — Internal  Improvements. — 
Policy  of  Federal  Government. — History  of  Policy. — Madison's 
Veto. — Course  of  Congress. — Monroe's  Veto, — Act  of  April,  1824. — 
Object  of  Act — Policy  of  Adams'  Administration. — Progress  of  In- 
ternal Improvement. — Course  of  Jackson's  Administration. — Veto. — Bills 
Retained. —  Grounds  of  objection.— Report  of  Committee  on  Internal  Im- 
provement.— Debate  in  House. — Congress  act  in  opposition  to  sentiments 
of  President. — President  yields  to  (yongress. 65 

Treasury  Report  for  1830. — Appropriations  for  Pensions. — For  Support 
of  Government. —  Debate  on  Survey  of  Public  Lands. — Debate 
on  Mission  to  Russia. — Debate  on  Turkish  Treaty. — Appropriations  for 
Navy— for  Fortifications— for  Array — for  the  Indian  Department — for 
Public  Buildings. 1  80 


W  ,  CONTENTS. 

Page 

COLOMBIA. — Geography.—  -Physical  Aspect. — Productions.— Govein- 
ment  under  Spain. — Religion. — Character  of  the  people. — Causes  of  the 
Revolution. — Revolutionary  Movements. — Miranda. — Events  of  Bayonne. 
— Juntas. — Independence. 122 

GERMANY. — Importance  of — Fall  of  the  Western  Empire,  and  its  revival 
under  Charlemagne. — Electors. — Constitution  of  the  Holy  Roman  Em- 
pire.— Diet  of  the  Empire. — French  Revolution. — Dissolution  of  the 
German  Empire. — Confederation  of  the  Rhine. — Its  dissolution. — Con- 
gress of  Vienna. — Mediatised  Princes. — Deliberations  respecting  the  re- 
construction of  the  German  Empire. — As  to  Saxony. — New  confederacy. 
— Its  objects. — Provisions  of  the  Act  of  Confederacy. — Diet  at  Frank- 
fort.— General  and  Ordinary  Assembly. — Powers  of  the  members  of  the 
Diet. — Deliberations  of  the  Diet. — Federal  Army. — Internal  Navigation. 
— Tariffs. — Commercial  Conventions. — Literature. — Copy -Rights. — 

Liberty  of  the  Press. — Patriotic  Associations. — Central  Commission  at 
Mentz. — Constitutions  of  Saxe  Weimar. — Bavaria. — Wertemburgh,  Han- 
over, Baden,  Nassau,  Prussia,  Austria,  &.c. — Quarrel  of  the  Duke  of 
Brunswick  with  George  IV. — Decision  of  the  Diet. — Revolution  in 
Brunswick. — Commotions  in  Saxony,  Hesse  Cassel,  &c.  -        -        -     137 

THE  PENINSULA.— Portugal.— Emigrants.— Negotiation.— Distress  of 
the  country. — Operations  at  Terceira. — Conduct  of  England. — Don  Pe- 
dro.— Effect  of  the  French  Revolution. — Collision  with  England. — And 
with  France. — Regency  at  Terceira. — Spain. — Attempt  of  the  Exiles. — 
Mina. — Disputes. — Attack  from  Bayonne. — From  Pespignan. — Torrijos.        l5l 

GREECE  AND  TURKEY.— Effect  of  the  Treaty  of  Adrianople.— Proto- 
col of  February. — Cnoice  of  Leopold. — He  declines. — State  of  Greece. — 
Destruction  of  the  Fleet. — Assassination  of  Capo  d'Istrias. — Turkey. — 
Mahmoud's  reform. — Revolts. — The  Viceroy  of  Egypt. 159- 

POLAND.— Frequency  of  revolutions.— Partition  of  Poland.— Its  effects^ 
— Policy  of  Napoleon. — The  Polish,  legion. — The  Dutchy  of  Warsaw. — 
Congress  of  Vienna. — Poland  subjected  to  Russia. — Alexander's  char- 
tier. — Tyranny  of  the  Russians. — Conspiracy  of  1825. — Oppression  of  Ni- 
cholas.— New  conspiracy. — Effect  of  the  French  Revolution.— Designs  of 
Nicholas.' — Commencement  of  the  revolution. 167. 

Poland  continued. — Provincial  Government. — The  Grand  Duke. — Depu^ 
tatioa  to  St.  Petersburgh. — Russian  proclamation. — State  of  Warsaw. — 
Chlopicki  Dictator. — Military  preparation. — Radzivil  succeeds  Chlopicki. 
— The  Polish  forces. — Diebitsch  enters  Poland. — Military  Operations. — 
Various  engagements. — Negotiations. — Battle  of  Crokow. — Appointment 
of  Skrzynecki. — Efforts  of  the  Poles. — Operations  of  Dwernicki. — Propo- 
sitions.— Skrzynecki's  operations. — Insurrection  in  Lithuania — Battle  of 
Igani. — Retrospect. Igj: 

PoLAWD  CONCLUDED. — ^Position  and  Strength  of  the  Armies. — Skrzynecki's 
Plans. — Defeat  of^  Licrawski. — Dwernicki's  operations. — The  Cholera 
Morbus.— Battles  of  Kuflew  and  Minsk.— Advance  of  the  Poles.— Battle 
of  Ostrolenka.— Death  of  Diebitsch.— Operations  in  Lithuania.— Brittle  of 
Wilna. — Jankowski's  expeditions. — Excitement  in  Warsaw— Disasters 
in  Lithuania.— Retreat  of  the  Poles.— Chlapowski  and  Rohland  enter 
Prussia;. — Paskewicz  passes  the  Vistula. — Council  of  War  — Dembinski's 
operations.— Fall  of  Warsaw.— Dispersion  of  the  Polish  ian:v. — Reflec- 
tions.       :      .      .  200 

THE  NETHERLANDS.— State  of  Uiings  in  October,  1830.— Bombard- 
ment of  Antwerp.— National  Congress.— De  Potter's  resignation.— Decla- 
ration of  Independence.— Adoption  of  monarchy.— Exclusion  of  the 
House  of  Orange  .—Designs  of  Russia.— The  Constitution.— Offer  of  the 
Crown  to  the  Due  de  Nemours.— Regency  of  Lurlet  de  Chokier.— Confer- 
ences of  London. — Question  of  Luxembourg. — Election  of  Prince  Leo- 
pold.—Hostilities  commenced  by  Holland.— Opening  of  the  Belgic  Cham- 
bers.    224 

SWITZERLAND.— Formation  of  the  Confederacy.— Constitution  of  the 
Old  Republic  —l!s  Evil  and  Abuses.— The  French  Revolution.— Act  of 
Mediation.— Compact  of  1814.— Its  Public  Law.— Example  of  Berne  — 
Other  Cantons.— Foreign  Interference.- Movement  in  Tessino.— In  other 
Cantons.— Hostilities  in  Bale.— Constitution  of  Berne.— Of  other  Cantons 
State  of  Schwytz.— Proceedings  of  the  Diet.— Neufchalel.— Reflections.  -     225 


CONTENTS.  V 

Page 
ENGLAND. — State  of  public  feeling. — Condition  of  England. — Aristocratic 
Character  of  Government. — House  of  Commons. — Elective  franchise  in 
England. — Scotland  and  Ireland. — East  India  Company. — West  India 
Company. — Corruption  of  Government. — Catholic  Emancipation. — Re- 
signation of  Duke  of  Wellington. — Whig  Administration. — Situation  of 
Country. — Poland. — Portugal. — West  India  Colonies. — East  India  Char- 
ter.— Ireland. — Anti-Union  Meetings. — Distress. — Disturbances. — Anli- 
tythe  Associations. — England. — Church  property. — Meetings  of  Parlia- 
ment.— Civil  List. — Retrenchment. — Budget. — Reform  Bill. — Charter  of 
Reform. — Discussion. — Timber  Duty. — Defeat  of  Minister. — Second  read- 
ing  of  Reform  Bill. — General  Gascoyne's  Motion. — Parliament  dissolved. 
—New  Parliament. — Reform  Bill  again  brought  forward. — Committed. — 
Course  of  Tories. — Passed  House  of  Commons. — Rejected  by  House  of 
Lords. — Public  Excitement. — Lord  Ebrington's  resolution. — Riots  at  Bris- 
tol.                ...         235 

FRANCE. — Impeachment  of  the  Ex-Ministers. — Riots  of  October. — Change 
of  Ministers. — Trial  of  the  Ex-Ministers.— State  of  Paris. — The  Students. 
— La  Fayette. — Riots  of  February. — New  Ministry. — Finances. — Proro- 
gation of  the  Chambers. — The  Heroes  of  July. — King's  tour — Dissolu- 
tion of  the  Chambers.— Election.— New  Chambers.— Celebratio!i  of  the 
three  days. — Resignation  of  Ministers. — Belgian  expedition. — .Stale  of 
Parties. 29^ 


LOCAL  HISTORY  AND  DOMESTIC  OCCURRENCES. 

Maine,  ........  305 

-S^ew  Hampshire,  -            .            -            -            .            -            .            .  313 

Massachusetts,  -            -            .            -            .            .            -            -  314 

ilhodo  Island,  ...._...  318 

Oonnecticuty  -            -            -            .            .            .            .            -  320 

Veimont,  --_.-...  322 

NewYorky  ......  -323 

New  Jersey,  ---.....  332 

Pennsylvania,  ^            ......            .  334 

Delaware,  -..-....  .340 

Maryland,  -  .  ...  .  .  .  .342 

Virginia,  -..._.'.,  ^^^ 

North  Carolina,  .  -  .  .  .  .  .  .    '     ^q 

South  Carolina,  ........  -3^3 

Georgia,  ^6 

Alabama,  -            .            .            _            ,            .            .            .  -  o^^o 

Mississippi,  -            -            -            v            ...            .  3(]() 

Louisiana,  -            .            .            ,            .            .            .            -  3GI 

Tennessee,  -----...  303 

Kentucky,  -------.  8C5 

?hio,  - .  3C7 

Indiana,  ----....  371 

Illinois,  -----...  ;372 

Missouri,  -----..            .  374 

Census  of  the  United  States,            -            ,                        .            .            .  '375 


APPENDIX. 

E.xecutiveOi:licersof  the  United  States,                   ...  1 

Judiciary,                   ....__  I 
Diplomatic  Corps,                   --..', 

Members  of  the  21st  Congress,        --.'*'  o 

Officers  of  Congress,              .             _             .             .             .             *             '  ^ 

Governors  of  States  and  Territories,             -             .             .             "             '  ^ 

Public  Debt  of  the  United  States,     -            -            .            .            .            '  Jj 


AMERICAN  ANNUAL  REGISTER, 


FOR 


THE  YEARS  1830—1831. 


HISTORY  OF  THE  UNITED  STATES. 


CHAPTER    I. 


Policy  of  the  Administration, — Sectional  Parties. — Policy  of  the 
Southern  States. —  Of  the  JVorthern. — Periodical  Press. — Po- 
litical Machinery. — Political  course  of  the  President. — Quarrels 
with  the  Vice  President. — Change  of  Cabinet. — Causes  of  Re- 
signations.—  Character  of  new  Cabinet. — Opposition. — Anti- 
Masonic  Painty. —  Origin  of  same. — Principles  of  Anti-Masonic 
Party. — Effect  upon  the  Politics  of  the  Union. 


More  than  a  year  had  now 
elapsed  since  the  Inauguration  of 
Andrew  Jackson  as  the  President 
of  the  United  States  ;  and  al- 
though this  was  scarcely  sufficient 
to  afford  a  fair  test  of  the  merits 
of  his  administration,  it  was  abun- 
dant time  for  the  formation  and 
promulgation  of  his  scheme  of 
National  Policy.  The  profession 
of  certain  principles  of  action  are 
so  much  words  of  course  among 
public  men,  that  no  intelligible 
criterion  could  be  found  in  the 
v^ry  general  maxims  advanced  in 
his  inaugural  address,  and  as  lit- 
tle could  be  gained  from  the 
oracular  expressions  contained  in 


his  first  message  to  Congress,  on 
the  great  questions  dividing  the 
country.  Even  when  a  principle 
was  advanced,  it  was  so  guarded, 
and  couched  in  such  ambiguous 
terms,  as  to  commit  the  adminis- 
tration to  nothing.  A  modifica- 
tion of  the  tariff  might  be  safely 
recommended,  while  all  parties 
were  dissatisfied  with  the  adjust- 
ment of  its  details  ;  and  profes-  . 
sions  of  favoring  the  cause  of 
internal  improvement,  were  so 
limited  by  a  reference  to  the 
doubtful  construction  of  the  Con- 
stitution, as  to  leave  it  still  a  ques- 
tion whether  the  Federal  Gov- 
ernment intended  to  continue  the 


10 


ANNUAL  REGlSrER,  1830—31. 


exercise  of  that  power.  It  eoem- 
ed  indeed  on  most  subjects  to  be 
the  policy  of  the  administration  to 
wait  for  the  development  of  pub- 
lic opinion,  and  to  receive  rather 
than  to  give  an  impulse  to  the 
councils  ol"  the  country. 

This  attitude  of  neutrality  was 
not  preserved  on  all  questions. — 
On  many  cf  those,  which  had  so 
much  contributed  to  the  division 
of  the  community  into  sectional 
parties,  theadiTiinistration  evinced 
a  more  decided  character,  and 
materially  contributed  by  its  in- 
fluence to  the  ascendancy  in  the 
national  councils,  of  what  had 
been  denominated  the  Southern 
Policy. 

This  policy,  which  has  occa- 
sionally triumphed  in  Congress, 
and  has  always  exercised  a  strong 
influence  in  that  body,  resuhs  in  a 
great  degree  from  the  peculiar 
structure  of  society  in  the  South- 
ern States. 

Those  States  from  the  Poto- 
mac to  the  province  of  Texas, 
make  one  large  but  compact  ter- 
ritory, 900  miles  in  length,  and 
600  in  breadth,  having  the  Ohio 
river  for  a  northern  boundary,  in 
which  slavery  forms  so  important 
a  feature  of  society,  as  to  give  a 
direction  to  capital  and  in  a  meas- 
ure to  control  its  employment. 
Excluding  Maryland,  a  Slate, 
which  has  been  detached  by  va- 
rious causes,  (and  by  none  more 
than  by  a  conviction  of  the  un- 
productive character  of  slave  la- 
bor,) from  the  influence  of  the 
political  motives  governing  this 
portion  of  the  Union,  and  it  con^ 
tains  a  territory  of  472,000 
square  miles,  inhabited  by  a  pop- 
ulation  of  5,083,000,  of  which 


1,850,000,  or  nearly  two  fifths, 
are  slaves. 

Society  is  thus  divided  into 
two  great  classes— the  proprie- 
tors of  the  soil,  and  the  slaves 
who  cultivate  it.  There  are  in- 
deed some  smaller  classes,  such 
as  overseers,  (who  are  dependent 
on  the  planters)  and  factors  and 
merchants,  who  facilitate  the 
transportation  of  produce  to  mar- 
ket.  The  most  important  and  m- 
fluentlal  class,  however,  is  com* 
posed  of  planters,  and  they  com- 
pletely control  the  policy  of  that 
part  of  the  Union. 

From  the  low  intelJectual  con- 
dition of  the  slaves,  it  follows 
that  their  labor  can  be  more  ea- 
sily employed  in  cultivating  the- 
soil,  than  mechanical  pursuits.  It 
requires  but  little  pains  to  teach  jJ 
negro  to  dig,  to  sow,  and  to  reap,, 
and  so  long  as  the  cultivation  of 
the  fertile  soil  of  the  Southern- 
States  can  be  profitably  followed, 
it  would  be  idle  to  expect  that 
any  attempts  will  be  made  to  in- 
struct the  negroes  in  the  more 
intricate  arts  of  the  workshop,- 
Agriculture  or  planting,  therefore,^ 
is  not  only  the  chief  but  almost 
the  sole  employment  of  the  souths 
and  owing  to  the  debased  char- 
acter of  those  employed  in  culti- 
vating the  earth,  a  large  portion  of 
society  is  devoted  to  idleness ; 
because  education  and  public 
opinion  has  attached  a  kind  of 
degradation  to  all  engaged  in 
what  has  hitherto  been  the  chief 
employment  of  that  portion  of  the 
Union. 

This  exemption  from  labor, 
while  it  aflbrds  leisure  for  the  ac- 
quisition of  the  more  elegant  ac- 
complishments and   the    urbane 


SECTIONAL  POLICY. 


1! 


manners  of  genUetnen,  lends  still 
farther  to  remove  this  class  from 
tile  agricultural  laborers  and  ren- 
ders it  an  entirely  unproductive 
class  by  preventing  the  acquisi- 
tion of  habits  of  industry. 

The  planters,  in  process  of  time, 
thus  become  unenterprising  and 
indolent,  and  the  whole  commu- 
nity is  supported  by  the  labor  of 
a  part,  and  in  the  case  referred 
to  of  scarcely  two  fifths  of  society. 
The  fertility  of  the  soil  and  the 
high  price  af  their  peculiar  pro- 
ductions, have  hitherto  enabled 
those  States  to  prosper,  notwith- 
standing the  disadvantage  of  so 
large  a  portion  of  their  population 
remaining  unemployed,  and  the 
residue  being  engaged  solely  in 
agncultiire. 

No  efforts,  consequently,  have 
been  made  to  divert  their  pro- 
ductive labor  to  other  pursuits, 
and  none  probably  will  be  made, 
until  the  low  rate  of  profits  in  ag- 
riculture shall,  hy  rendering  the 
planters  poor,  compel  them  either 
to  labor  themselves  or  to  devise 
new  modes  of  employing;  their 
slaves.  Until  necessity  furnishes 
a  spur  to  invention,  they  will  not 
readily  believe  that  a  subsistence 
can  be  obtained  except  by  plant- 
ing, and  their  whole  domestic  and 
external  policy  will  be,  as  it  hith- 
erto has  been,  governed  by  con- 
siderations resulting  from  this 
peculiar  structure  of  society. 

This  whole  tract  of  country  is 
intersected  in  almost  every  part 
by  navigable  rivers,  on  the  banks 
«f  which,  the  plantations  are  most- 
ly situated. 

After  the  crop  is  gathered  in,  it 
is  transported  on  these  streams  to 
he  sea  coast,  and  from  \he  pro- 


ceeds of  that  crop,  the  plantation 
is  supplied  with  what  it  requires 
for  iis  consumption  during  the 
next  year. 

The  active  population  of  the 
towns,  chiefly  consist  of  factors 
who  purchase  the  produce,  or 
shop  keepers  who  furnish  the  sup- 
plies to  the  planters,  and  they 
are  consequently  small,  and  with- 
out the  capacity  of  increasing 
beyond  a  very  limited  extent. 
The  greater  part  of  the  transpor- 
tation i)olh  of  produce  to  the  sea 
coast  and  of  foreign  productions 
into  the  interior,  is  carried  on  by 
means  of  the  rivers,  and  during 
only  a  portion  of  the  year.  Their 
sole  market  is  a  foreign  country, 
and  their  supplies  are  wholly  de- 
rived from  abroad.  Hence  a  de- 
ficiency of  good  roads  and  canals, 
which  there  are  not  so  much 
needed  as  in  other  portions  of  the 
country,  where  the  pursuits  of 
industry  are  more  varied  and 
where  large  cities  inhabited  by 
mechanics  and  merchants,  impart 
a  greater  and  more  constant  ac- 
tivity to  commerce. 

These  circumstances  have  giv- 
en to  the  planting  States  a  setded 
policy,  which  aims  only  to  foster 
and  sustain  their  own  peculiar 
branch  of  industry,  and  finds  no 
desirable  object  to  be  attained  in 
the  application  of  the  National 
funds  to  construct  works  of  inter- 
nal improvement,  which  can  only 
result  in  bringing  plantations  in 
the  interior  of  tlie  country,  as 
competitors  into  a  market  already 
overstocked. 

The  same  reluctance  is  evinced 
in  aiding  any  of  tlie  peculiar  ob- 
jects of  the  patronage  of  the 
Federal    Government,    and    the 


12 


ANNUAL  REGISTER,  1630—31. 


army,  the  navy,  the  system  of 
fortifications,  and  generally  all 
those  measures  which  aim  at  pro- 
tecting and  cherishing  the  great 
National  interests,  have  not  re- 
commended themselves  to  the 
favorable  consideration  of  the  pub- 
lic men  from  that  portion  of  the 
Union. 

Their  interests,  therefore,  in- 
cline them  to  ami-Federal  princi- 
ples, and  it  is  in  those  States,  that 
the  policy,  which  the  developing 
strength  and  interests  of  the  coun- 
try have  compelled  the  General 
Government  to  adopt,  has  been 
denounced  as  a  violation  of  the 
Federal  compact. 

The  residue  of  the  Union 
which  is  under  the  influence  of 
different  interests,  comprehends 
a  line  of  territory  about  1500 
miles  in  length  and  350  in  breadth, 
extending  from  the  Mississippi  to 
the  river  St  Croix.  The  States 
comprising  this  part  of  the  Union, 
possess  305,000  square  miles  of 
territory  and  7,600,000  inhabi- 
tants. 

In  many  of  the  States  compris- 
ing this  territory,  slavery  never 
existed.  In  all  of  them  it  is  near- 
ly extinct  except  Maryland,  where 
it  no  longer  operates  either  to  af- 
fect the  investment  of  capital  or 
to  control  the  policy  of  the  State. 

All  these  States  are  inhabited 
by  freemen,  among  whom  indus- 
try is  honorable,  and  by  the  abo- 
lition of  entails  and  the  laws  of 
primogeniture,  overgrown  fortunes 
are  prevented  from  accumulating, 
and  each  generation  is  compelled 
to  go  through  the  same  career  of 
active  industry  by  which  their 
predecessors  obtained  wealth. 
They  consequently  abound  in  en- 


terprise, activity,  and«vigor,  and 
on  every  side  are  to  be  found 
striking  proofs  of  the  rapid  im- 
provement of  the  country  and 
the  ever  wakeful  intelligence  of 
its  inhabitants.  The  sea  coast  is 
studded  with  cities  inhabited  not 
merely  by  merchants,  but  by  me- 
chanics and  manufacturers,  whose 
productions  vie  with  those  of  the 
workshops  of  Europe. 

The  interior  too  is  filled  with 
villages  and  towns,  some  of  which 
bid  fair  to  rival  both  in  population 
and  the  arts  the  older  cities  on 
the  Atlantic  coast.  A  domestic 
market  is  created  for  the  country 
produce,  and  vigorous  efforts  are 
made  to  supply  their  wants  from 
domestic  workshops. 

An  active  internal  commerce 
is  thus  created,  requiring  good 
roads  between  the  towns  and  vil- 
lages, and  canals  to  connect  the 
navigable  streams.  Hence  strong 
interests  are  here  enlisted  in  be- 
half of  internal  improvement,  and 
as  the  chief  sources  of  re  venue  are 
surrendered  to  the  General  Gov- 
ernment; from  that  quarter  aid 
is  expected  in  promoting  these 
works  so  necessary  to  the  inter- 
nal intercouse  of  this  part  of  the 
country.  The  foreign  commerce 
of  the  whole  Union  is  carried  on 
by  a  class  from  a  portion  of  these 
States,  and  as  eitlier  directly  or 
indirectly  connected  with  the 
commercial  interest,  the  Judicia 
ry,  the  navy,  the  army,  the  sys- 
tem of  fortifications,  and  gene- 
rally those  measures,  which  tend 
to  advance  the  national  character, 
find  their  friends  in  the  represen- 
tatives from  the  same  States. 

The  policy  of  this  part  of  the 
country,  however,  is  not  so  settled 


PERIODICAL  PRESS. 


13 


and  stable  as  that  of  the  Southern 
States. 

The  questions  constantly  aris- 
ing between  the  conflicting  inter- 
ests of  a  community  whose  re- 
scources  are  so  rapidly  develop- 
ing in  themselves,  furnish  a  fruit- 
ful source  of  political  divisions. 

The  varied  pursuits  of  socie- 
ty, the  great  natural  division  be- 
tween those  who  subsist  by  the 
labor  of  their  own  hands  and  those 
of  independent  circumstances,  in 
a  country  where  all  possess  equal 
rights,  are  also  productive  of  po- 
litical parties. 

These  States  are  thus,  by  the 
structure  of  society  and  the  very 
activity  and  enterprise,  which 
cause  their  superiority  in  popula- 
tion and  wealth,  divided  into  lo- 
cal parties,  and  prevented  from 
acting  in  the  national  councils 
with  that  unison  and  concert  that 
prevails  among  the  representatives 
from  the  Southern  States. 

The  periodical  press  in  the 
United  States  operates  to  in- 
crease these  divisions  at  the  north, 
while  litde  or  no  effect  can  be 
produced  upon  the  public  mind 
at  the  south,  where  no  counter- 
vailing causes  are  brought  in  op- 
position to  the  notions  which  in- 
duce them  to  adopt  their  favor- 
ite and  settled  policy. 

In  the  Southern  States  the 
newspapers  are  few  in  number 
tind  those  mostly  political.  They 
m'e  chiefly  supported  by  political 
men,  and  of  course  they  advocate 
the  sectional  policy  of  their  pa- 
irons  and  leaders. 

The  newspapers  in  the  other 

parts   of  the   country  find  their 

most   valuable   patronage   to   be 

deiived     from    the   commercial 

2* 


community,    and    the    attention 
required    to    provide    the    for- 
eign  and  domestic    intelligence 
demanded  at  their  hands  by  the 
merchants,  prevent  those  papers 
which  best  represent  the  public 
interests  from  becoming  leading 
political  journals.      Journals   of 
this  description  indeed  exist,  but 
they   are  establislied   nierely  to 
represent  a  particular  party,  and 
then-  object  is  to  avail  themselves 
of  the  various  conflicting  interests 
prevailing    in    their     immediate 
neighborhood,  and  so  to  combine 
them  as  to  secure  the  ascendancy 
of  their  own  party.     The  politi- 
cal press,  therefore,  is  not  gene- 
rally so  fair  a  representation  of 
the,  interests  and  deliberate  judg- 
ments of  the  community,  as  of  its 
passions  and  its  prejudices  ;  and 
skilful  editors,  not  scrupulous  as  to 
the  means,  find  it  easy  so  to  in- 
flame those  passions  and  to  ex* 
asperate  those  prejudices,  as  often 
to  carry  a  majority ^in  direct  op- 
position to  the  true  interests  of 
that  portion  of  the  Union. 

This  tendency  to  a  misrepre- 
sentation of  the  Northern  and 
JMiddle  States,  is  augmented  by 
the  political  machinery,  that  is 
there  used  to  concentrate  the 
votes  of  the  several  parties  upon 
the  candidates  respectively  pre- 
sented by  them  for  public  office. 
The  more  active  and  industrious 
classes  find  their  attention  engross- 
ed in  their  occupations.^  and  it  is 
only  when  the  measures  of  the 
Government  directly  interfere  with 
tliose  pursuits,  or  when  some  sig- 
nal violation  of  the  Constitution 
arrests  the  public  attention,  that 
they  are  diverted  from  those  oc- 
cupations to  political  affairs.     An- 


14 


ANNUAL  REGISTER,  1830—31. 


other  class  of  the  community 
whose  private  concerns  are  not 
of  so  engrossing  a  character, 
furnish  the  active  politicians,  who 
give  a  character  to  the  respective 
parties.  In  presenting  the  can- 
didates for  the  popular  suffrages 
in  the  Northern  States,  conven- 
tions are  called,  composed  of 
delegates  selected  at  meetings  of 
the  voters,  in  various  parts  of  the 
district  represented  in  convention, 
and  these  assemblages  designate 
the  candidate  to  be  supported  hj 
the  party.  The  opposite  party 
pursue  the  same  course,  and  thus 
candidates  are  presented  profes- 
sedly the  choice  of  representa- 
tives appointed  to  make  a  selec- 
tion of  the  best  qualified  candidate, 
but  in  reality  the  choice  of  a  ma- 
jority produced  by  a  combination 
of  some  factitious  and  epheme- 
ral interests,  entirely  distinct  from 
the  common  weal.  As  the  per- 
jsons  concerned  in  the  formation 
of  these  conventions  are  compar- 
atively kw  in'bumber,  the  patron- 
age of  the  Government  is  readily 
exerted  to  procure  an  influence 
over  them,  and  it  is  thus  that  the 
Federal  Government  is  enabled 
directly  to  interfere  in  the  elec- 
tions of  those  States  where  this 
machinery  prevails. 

In  the  southern  States  the 
candidates  are  self  nominated,  and 
coming  before  the  people  without 
any  adventitious  influence,  they 
succeed  by  force  of  those  per- 
sonal qualifications,  which  in  pub- 
lic opinion  best  fit  them  to  en- 
force the  setded  policy  of  that 
portion  of  the  Union. 

Hence  it  happens,  that  while 
in  Congress,  the  representatives 
from  the  north  are  divided  by  the 


various  interests  they  represent 
into  several  parties,  and  by  the 
habit  of  conflict  into  two  great 
parties,  those  from  the  south  ac 
together  upon  all  questions  of  gen- 
eral  interests ;  and  exercise  an 
influence  in  the  national  coun- 
cils altogether  disproportioned  to 
their  numbers. 

This  view  of  the  political  situ- 
ation of  die  United  States  is  ne- 
cessary to  a  full  understanding  of 
the  policy  adopted  by  the  Pres- 
ident upon  his  assuming  the  di- 
rection of  affairs. 

On  the  questions  of  protecting 
certain  branches  of  domestic 
industry  by  high  duties,  of  con- 
structing works  of  internal  im- 
provement and  of  chartering  a  na- 
tional bank  ;  the  south  had  shown 
itself  hostile  to  the  exercise  of 
power  by  the  Federal  Government 
The  Secretary  of  State  (M  Van 
Buren)  had,  previous  to  his  eleva- 
tion, manifested  his  predilections 
for  the  southern  policy,  but  not 
in  that  open  and  decided  manner 
which  generally  characterised  tlie 
course  of  men  holding  so  prom- 
inent a  station  before  the  public. 
Three  of  his  colleagues,  Messrs 
Eaton,  Branch,  and  Berrien,  in  the 
Cabinet,  were  from  that  part  of  the 
Union,  and  its  sectional  policy  was 
supposed  to  be  favored  by  the 
administration. 

As  the  President  determined, 
contrary  to  the  practice  of  his 
predecessors,  to  hold  no  cabinet 
councils,  no  definite  plan  of  pol- 
icy was  adopted  as  the  result 
of  the  joint  deliberations  of  hia 
constitutional  advisers.  His  opin- 
ions, therefore,  and  especially  o^ 
subjects  with  which  he  was  noi 
intimately  acquainted,  were  liable 


POLICY  OF  THE  ADMINISTRATION. 


15 


to  be  influenced  by  the  superior 
ability,  or  the  dexterous  manage- 
ment of  any  individual  near  him, 
who  might  obtain  an  undue  share 
of  his  confidence. 

Some  allusion  was  made  in  the 
last  volume  to  the  means  by  which 
the  Secretary  of  State  obtained 
an  acendancy  over  the  Vice  Pres- 
ident in  the  confidence  of  the 
the  President,  and  the  breach 
which  was  finally  produced  be- 
tween these  high  dignitaries. 
From  that  moment  the  policy  of 
the  administration  was  controlled 
by  the  Secretary  of  State,  and 
was  in  accordance  with  his  opin- 
ions, so  far  as  they  were  under- 
stood. As  a  large  majority  of 
the  inhabitants  of  the  Western 
and  Northern  States  had  indicat- 
ed a  preference  for  a  protecting 
tariff,  the  administration  on  this 
ijaestion  avoided  the  expression 
of  any  decided  opinion  ;  but  ex- 
pressed a  hope  that  all  might 
unite  in  diminishing  any  burthen 
of  which  either  section  could 
justly  complain. 

Towards  the  system  of  inter- 
nal improvement  and  the  United 
States  bank,  hostile  feehngs  were 
exhibited,  but  so  tempered  and 
modified  by  expressions  calcu- 
lated to  soothe  the  friends  of  those 
measures,  as  to  leave  it  doubtful 
whether  the  administration  was 
guided  by  any  settled  principle  of 
action,  or  merely  by  considera- 
tions of  temporary  expediency. 

While  suggesting  doubts  of  the 
constitutionality  of  devoting  the 
national  treasure  to  the  construc- 
tion ofworks  of  internal  improve- 
ment, [the  President  stated  that 
he  might  not  feel  himself  bound 
to    negative  a  bill  for  the  con- 


struction of  works  of  a  national 
character. 

This  limitation  of  his  doubts  to 
works  of  a  mere  local  description, 
was  a  surrender  of  the  whole 
constitutional  question ;  as  the 
distinction  between  those  national 
and  those  strictly  local,  was  so 
difficult  to  be  drawn,  that  the 
Government  would  be  left  with- 
out any  intelligible  rule  of  con- 
duct, and  must  necessarily  be 
solely  guided  by  considerations  of 
expediency.  This  intimation, 
however,  was  again  qualified  by  a 
suggestion  of  the  inexpediency  of 
entering  upon  any  system  of  in- 
ternal improvement  until  the  na- 
tional debt  should  be  paid  off, 
and  until  the  Constitution  should 
be  amended  so  as  to  define  the 
powers  ofthe  Federal  Government 
over  the  subject. 

A  similar  policy  was  pursued 
in  relation  to  the  United  States 
bank.  The  constitutionality  and 
the  expediency  of  such  an  in- 
stitution were  first  qGestioned,  and 
then  a  suggestion  was  made  that 
a  national  bank,  founded  upon  the 
credit  and  revenues  of  the  Gov- 
ernment, would  avoid  all  Consti- 
tutional difficulties,  and  at  the 
same  time  secure  to  the  country 
the  advantages  that  were  ex- 
pected from  the  present  bank. 

This  policy,  which  was  denom- 
inated a  non-committal  policy, 
was  well  calculated  to  promote 
the  success  of  an  administration 
relying  upon  the  entire  support 
of  the  south,  and  a  numerous, 
zealous  and  united  party  in  the 
rest  of  the  Union,  aided  by  the 
patronage  ofthe  Federal  Govern- 
ment and  a  periodical  press,  sus- 
tained and  supported  by  the  offi- 


16 


ANNUAL  REGISTER,  1830—31 


cial  and  private  patronage  of  the 
same  party. 

It  gave  to  it  the  advantage  of 
viraiting  upon  the  public  opinions 
and  of  being  governed  by  events, 
instead  of  controlling   them. 

It  therefore  did  not  permit  a 
strong  feeling  of  opposition  to  be 
excited  to  its  course  upon  those 
points,  no  ground  being  given 
for  an  appeal  to  either  section 
of  the  Union,  by  its  decided  pre- 
ference for  any  particular  line  of 
policy. 

Although  the  administration 
kept  itself  thus  uncommitted  on 
the  great  questions  of  principle,  it 
indicated  no  such  indecision  in 
the  dispensation  of  the  patronage 
of  the  Government.  Here  every 
effort  v\ras  made  to  secure  the 
political  ascendency  of  its  sup- 
porters. » 

The  most  active  politicians  in 
the  sea  ports  and  in  the  interior 
villages  of  the  Northern  and 
Western  States,  were  appointed 
to  places  in  the  Custom  House 
and  Post  Office,  and  many  of  the 
editors  of  leading  journals  were 
rewarded  in  the  same  way  for 
their  political  services.  The  ef- 
fects of  this  influence  were  speed- 
ily evinced  in  the  uniformity  of 
opinion  exhibited  in  the  adminis- 
tration journals,  upon  all  politi- 
cal questions.  It  seemed  as  if 
they  were  actuated  by  one  spirit 
and  controlled  by  the  same  feel- 
ing that  pervades  a  well  disci- 
plined corps. 

While  this  harmonious  con- 
cert of  sentiment  and  action  was 
imparting  greater  efficiency  and 
strength  to  the  administration 
party  in  its  various  ramifications 


throughout  the  country,  the  jeal- 
ousy existing  between  its  leaders 
at  the  seat  of  Government  was 
preparing  the  materials  for  an 
explosion  which  caused  a  com- 
plete separation  between  the  Pres- 
ident and  a  large  portion  of  his 
early  and  prominent  supporters. 

This  alienation  of  feeling  had 
existed  many  months  before  it 
was  generally  suspected,  and  al- 
though an  angry  and  acrimonious 
correspondence  was  carried  on 
between  him  and  the  Vice  Presi- 
ident  in  reference  to  the  Seminole 
campaign,  appearances  were  pre- 
served, and  in  the  divisions  which 
frequently  took  place  in  the  Sen- 
ate, his  nominations  had  the  sup- 
port of  the  Vice  President  and  of 
his  friends.  It  was  perceived  by 
those  who  were  admitted  behind 
the  scenes,  that  these  collisions 
must  ultimately  result  in  a  pub- 
lic explosion,  and  notwithstanding 
efforts  were  made  to  affect  an  ad- 
justment of  the  difficulties,  it  was 
intimated  shortly  before  the  close 
of  the  second  session  of  the  twen- 
tyfirst  Congress  that  this  corres- 
pondence would  be  soon  laid  be- 
fore the  American  people.  Pursu- 
ant to  that  intimation,  the  corres- 
pondence, (the  character  of  which 
was  given  in  the  last  volume  of 
the  Register,)  was  published  at 
the  adjournment  of  Congress. 

This  decisive  step  plainly  in- 
dicated a  division  among  the 
friends  of  the  administration,  and 
as  the  influence  of  the  Vice  Pres- 
ident predominated  in  the  South- 
ern, and  he  was  not  without 
friends  in  the  Middle  States,  his 
appeal  began  to  affect  injuriously 
tlie  administration  itself,  from   a 


CHANGE  OF  CABINET. 


17 


conviction  that  its  head  was  op- 
erated upon  by  improper  feelings 
and  prejudices. 

These  indications  of  the  with- 
drawal of  public  confidence,  were 
immediately  perceived  at  Wash- 
ington, and  with  the  view  of  pro- 
ducing a  re-union  of  the  party 
until  after  the  Presidential  elec- 
tion, arrangements  were  made 
for  an  entire  re-organization  of  the 
Cabinet.  It  had  now  become  a 
desirable  object  to  effect  the  re- 
election of  President  Jackson. 
The  difficulty  of  uniting  the  domi- 
nant party  upon  a  successor,  and 
possibly  the  sweets  of  power  once 
tasted,  has  induced  him  to  relin- 
quish his  professed  intention  of 
serving  but  one  term,  and  he  was 
now  formally  announced  as  a 
candidate  for  re-election.  In 
this  posture  of  affairs,  the  coun- 
try was  astonished  by  the  infor- 
mation promulgated  through  the 
official  journal  atthe  seat  of  Gov- 
ernment, April  20th,  1831,  that 
the  Cabinet  Ministers  of  the  Presi- 
dent had  resigned,  and  the  most 
lively  curiosity  was  manifested  to 
learn  the  causes  of  this  unexpect- 
ed and  unprecedented  movement. 
This  curiosity  was  not  speedily 
gratified.  The  letters  of  the  sev- 
eral members  of  the  Cabinet  were 
published,  but  they  served  to  in- 
flame rather  than  to  gratify  the 
public  feeling.  The  first  letter 
was  from  the  Secretary  of  War, 
of  the  date  of  April  7th,  in  which, 
after  referring  to  a  verbal  com- 
munication previously  made  of  his 
wish  to  retire,  he  reiterates  that 
request  without  assigning  any  rea- 
sons for  taking  that  step.  The 
President,  in  his  answer,  accepts 
ijis  resignation  and  expresses  en- 


tire satisfaction  with  his  perform- 
ance of  his  official  duties. 

The  next  letter  was  from  the 
Secretary  of  State,  of  the  date  of 
April  Uth,  declaring  it  to  be  his 
duty  to  retire  from  the  Cabinet, 
and  assigning  as  a  reason  for  so 
doing,  that  circumstances  beyond 
his  control  had  presented  him  be- 
fore the  public  as  a  candidate  for 
the  succession  to  the  Presidency, 
and  that  the  injurious  effects  ne- 
cessarily resulting  from  a  Cabinet 
Minister's  holding  that  relation  to 
the  country,  had  left  him  only  the 
alternative  of  retiring  from  the 
administration,  or  of  submitting 
to  a  self-disfranchisement,  hardly 
reconcileable  with  propriety  or 
self-respect.  To  this  letter,  the 
President  returned  an  answer 
fraught  with  expressions  of  es- 
teer^  and  entire  confidence  in 
the  Secretary  ofifSttate,  of  strong 
regret  at  the  existence  of  a 
w£mt  of  harmony  in  the  Cabinet, 
and  a  hope  that  if  the  Govern- 
ment should  require  his  services 
in  any  other  station,  that  his  con- 
sent would  not  be  wanting.  In 
this  correspondence,  although  al- 
lusion was  made  to  difficulties  in 
the  Cabinet,  no  explanation  was 
given  as  to  the  nature  of  those 
difficulties.  The  reason  assigned 
for  his  resignation,  by  the  Secre- 
tary of  State,  did  not  appear  even 
plausible,  as  he  had  not  been 
formally  nominated  to  the  public 
as  a  candidate,  and  men's  thoughts 
had  scarcely  wandered  beyond 
the  election  of  1832,  to  that  of 
1836. 

The  mystery  was  still  incom- 
prehensible, and  the  letters  of 
the  other  Secretaries  were  resort- 
ed to  for  an  explanation. 


18 


ANNUAL  REGISTER,  18130— 31. 


These  letters  were  of  a  subse- 
quent date  to  those  just  alluded 
to,  that  of  the  Secretary  of  the 
Treasury  being  dated  April  ISth, 
and  that  of  the  Secretary  of  the 
Navy,  April  1 9th. 

By  the  first  letter  of  the  Sec- 
retary of  the  Treasury,  it  appear- 
ed that  although  the  resignations 
of  the  Secretaries  of  State  and 
War,  had  been  accepted  a  week 
before  the  date  of  that  letter,  he 
had  not  been  informed  of  that 
fact  until  the  morning  of  the  1 8th, 
and  that  it  was  then  communica- 
ted to  him  with  an  intimation  that 
it  might  serve  as  the  basis  of  some 
communication  from  him  to  the 
President.  In  this  letter,  he 
stated  that  percei\ingthe  reasons 
assigned  for  their  resignation  to  be 
in  no  way  applicable  to  his  situa- 
tion, he  was  at  a  loss  to  know 
what  kind  of  a%  communication 
was  expected  from  him.  From 
this  difficulty  he  was  relieved  Tjy 
the  expression  of  a  wish  on  the 
part  of  the  President,  that  he 
should  resign  his  commission.  A 
similar  intimation  having  been 
mad€  to  the  Secretary  of  the 
Navy,  their  resignations  were 
fortliwith  made,  and  were  accept- 
ed by  the  President  in  formal 
letters,  expressing  his  satisfaction 
with  their  official  conduct,  and 
stating  his  motive  for  requiring 
their  resignations.  This  was,  to 
use  his  own  words,  that  having 
concluded  to  accept  the  resigna- 
tions of  the  Secretaries  of  State 
and  of  War,  he  had  come  to  the 
conviction,  that  he  must  entirely 
renew  his  Cabinet.  '•  Its  mem- 
bers had  been  invited  by  me,'  he 
said,  '  to  the  stations  they  occu- 
pied.    It  had  come  together  in 


great  harmony,  and  as  a  unit. 
Under  the  circumstances  in  which 
I  found  myself,  J  could  not  but 
perceive  the  propriety  of  select- 
ing a  Cabinet  composed  of  en- 
tirely new  materials,  as  being  cal- 
culated in  this  respect  at  least,  to 
command  public  confidence  and 
satisfy  public  opinion.' 

This  intimation  of  his  intention 
to  re-organise  his  Cabinet,  was 
also  considered  to  extend  to 
the  Attorney  General,  who  was 
then  on  a  visit  to  Georgia.  His 
resignation  was  accordingly  ten- 
dered to  the  President  upon  his 
return  to  the  seat  of  Government, 
the  15th  of  June. 

The  Cabinet  had  been  par- 
tially reorganised  about  a  month 
previous,  by  the  appointment  of 
tbe  Secretaries  of  State  and  the 
Navy.  The  arrangements,  how- 
ever, were  not  finally  completed 
until  after  the  resignation  of  the 
Attorney  General  ;  and  it  was 
then  generally  understood  that 
the  Post  Master  General,  would 
not  follow  the  example  of  the 
other  members  of  the  administra- 
tion— it  being  deemed  improper 
for  him  to  retire,  while  the  charge 
made  in  the  Senate,  just  before 
the  adjournment,  of  his  having 
behaved  corruptly  in  his  office, 
remained  neither  withdrawn,  nor 
explained,  nor  investigated. 

Notwithstanding  two  months 
had  elapsed  between  the  resigna- 
tions of  the  Secretaries  and  that 
of  the  Attorney  General,  nothing 
transpired  to  throw  light  upon 
the  real  cause  of  the  dissolution 
of  the  Cabinet.  Allusion  indeed 
was  made  in  the  letters  of  the 
President,  to  the  Secretaries  of 
the   Treasury-   and   Navy,   to  a 


CAUSE-'  OF   RESIGNATIONS. 


19 


•want  of  harmony  in  the  Cabinet ; 
but  the  entire  satisfaction  express- 
ed by  him  with  tlieir  official  con- 
duct, forbid  the  supposition  that 
it  proceeded  from  a  difference  of 
opinion  as  to  public  measures. 

Still,  his  request  for  their  resig- 
nations; their  ignorance,  until  that 
request,  of  the  resignation  of  their 
colleagues,  a  week  before,  and  the 

*  difference  of  tone  between  the 
warm  and  affectionate  expressions 
of  confidence  and  good  will  in  his 
answers  to  the  Secretaries  of  State 
and  of  War,  and  the  measured  and 
formal  phrase  of  his  official  letter 
to  the  Secretary  of  the  Treasury, 
' — a  copy  of  which  was  sent  to  the 
Secretary  of  the  Navy j— all  indi- 
cated the  existence  of  two  parties 
in  the  Cabinet,  and  that  the  Presi- 
dent warmly  espoused  the  cause 
of  those,  who,  by  tendering  their 
resignations,  gave  him  an  oppor- 
tunity of  requesting  the  others  to 
retire. 

The  mystery  was  finally  devel- 
oped by  a  communication  of  the 
Attorney  General  to  the  public, 
in  which  the  cause  of  this  want  of 
iiarmony  in  the  administration, 
was  attributed  to  a  determination 
to  compel  the  families  of  the  dis- 
missed members  to  associate  with 
the  wife  of  the  Secretary  of  War. 

^  By  this  statement  it  appeared  that 
these  ladies  had,  in  accordance 
with  the  general  understanding  of 
the  female  part  of  society  at  Wash- 
ington, declined  to  visit  the  family 
of  the  Secretary  of  War,  and  that 
this  neglect,  being  resented  by  that 
gentleman,  had  produced  a  cool- 
ness between  him  and  the  heads 
of  those  families.  As  the  Presi- 
dent warmly  espoused  the  feelings 
of  the  Secretary  of  War,  as  of  an 


old  and  confidential  friend,  it  Was 
rumored,  early  in  the  year,  that 
their  removal  would  be  a  conse- 
quen  e  of  this  resentment;  and 
the  Atiorney  General  stated,  that 
about  that  time  a  confidential 
friend  of  the  President  (Richard 
M.  Johnson)  called  upon  him  and 
the  otlier  refractory  members,  as 
from  the  President,  and  intimated 
to  them,  that  unless  they  would 
consent  to  at  least  a  formal  inter- 
course between  their  families  and 
that  of  the  Secretary  of  War,  he 
had  determined  to  remove  them 
from  office.  They  replied,  that 
while  they  felt  bound  to  maintain 
a  frank  and  harmonious  inter- 
course with  their  colleagues,  they 
would  not  permit  any  interference 
with  the  social  relations  of  their 
families,  and  wholly  refused  to 
comply  with  the  request.  Other 
friends,  however,  interfered,  and 
the  President  was  induced  to 
waive  any  further  prosecution  of 
the  subject  at  that  time. 

To  that  refusal,  however,  he 
attributed  the  want  of  harmony 
of  the  Cabinet  and  its  consequent 
dissolution. 

This  charge,  from  a  high  and 
unquestioned  source,  imputing  so 
discreditable  and  undignified  an 
interference  with  the  private  .and 
domestic  relations  of  the  members 
of  his  Cabinet,  produced  a  strong 
impression  upon  the  public  mind  5 
and  with  the  view  of  obviating 
that  unfavorable  impression,  a 
different  version  was  soon  fur- 
nished of  these  transactions,  by 
the  friends  of  the  administration. 
According  to  this  version,  it  seem- 
ed that  the  President,  believing 
that  a  combination  had  been  en- 
tered into   by  the  Vice  President 


20 


ANNUAL  REGISTER,  1830—31. 


and  a  portion  of  his  Cabinet,  to 
drive  the  Secretary  of  War  from 
the  administration,  by  excluding 
his  family  from  society,  had  de- 
termined on  re-organising  his  Cab- 
inet, unless  its  members  would 
consent  to  meet  upon  terms  of 
harmonious  intercourse.  With 
the  view  of  averting  that  result, 
Mr  Johnson  called  upon  the  mem- 
bers of  the  Cabinet  and  suggested 
to  them  the  propriety  of  associat- 
ing with  the  family  of  the  Secre- 
tary of  War,  or  at  least  of  assent- 
ing to  a  formal  intercourse,  which 
would  be  all  that  the  President 
could  desire.  In  making  this  pro- 
position. Colonel  Johnson  assert- 
ed, that  he  was  actuated  solely 
by  a  desire  to  prevent  a  dissolu- 
tion of  the  Cabinet ;  that  it  was 
upon  his  own  authority  ;  and  that 
he  was  in  no  shape  authorised  by 
th^  President  to  make  any  such 
requisition. 

This  version  was  sustained  by 
an  authorised  publication  on  the 
part  of  the  President,  while  that 
of  the  Attorney  General  was  sup- 
ported by  the  testimony  of  the 
Secretaries  of  the  Navy  and  of 
the  Treasury.  It  was,  however, 
impossible  to  avoid  the  conclu- 
sion, that  to  the  influence  of  these 
domestic  dissentions,  the  dissolu- 
tion of  the  Cabinet  was  to  be 
solely  attributed,  and  that  the 
cause  assigned  in  the  letter  of  the 
Secretary  of  State,  was  merely 
ostensible,  and  with  the  design  of 
diverting  the  public  attention  from 
these  discreditable  occurrences. 
The  satisfaction  that  was  felt  by 
the  community  at  large  at  the 
breaking  up  of  the  most  incom- 
petent Cabinet,  that  was  ever 
called  to  the  administration  of  the 


Government  of  the  United  States, 
in  some  measure  compensated  for 
the  manner  in  which  it  was  dis- 
solved. This  satisfaction  was  in- 
creased by  the  character  of  the 
gentlemen  invited  to  act  as  their 
successors. 

The  new  Cabinet,  which  was 
not  completely  organised  until 
late  in  the  summer  of  1831,  was 
constituted  as  follows : 

Edward  Livingston,  of  Lou- 
isiana, Secretary  of  State. 
.  Louis  McLane,  of  Delaware, 
Secretary  of  the  Treasury. 

Lewis  Cass,  of  Ohio,  Secre- 
tary of  War. 

Levi  Woodbury,  of  New- 
Hampshire,  Secretary  of  the 
Navy. 

Roger  B.  Taney,  of  Mary- 
land, Attorney  General. 

This  Cabinet  was  not  only  in 
every  particular,  and  in  every  de- 
partment, superior  to  that  which 
preceded  it,  but  might  fairly  com- 
pare, in  point  of  talent  and  ability, 
with  that  ofany  previous  adminis- 
tration, and  its  character  furnished 
strong  testimony  of  the  tribute 
paid  to  public  opinion  in  the  se- 
lection of  his  public  advisers  by  a 
Chief  Magistrate  of  great  personal 
popularity. 

Before,  however,  the  organisa- 
tion of  this  Cabinet,  an  opposition 
had  been  excited  to  the  adminis- 
tration, both  on  account  of  the 
principles  by  which  its  domestic 
policy  was  directed,  and  of  its 
proscriptive  and  intolerant  course 
towards  those  who  were  not  rank- 
ed among  its  supporters.  The 
friends  of  the  American  system 
began  to  correspond  and  to  take 
steps  to  sustain  those  interests 
which  they  deemed  to  be  threat- 


OPPOSITION. 


21 


ened  by  the  policy  of  the  admin- 
istration. The  authority  of  the 
Federal  Judiciary  was  said  to  be 
endangered  by  the  movements 
of  some  of  its  prominent  friends 
in  Congress,  and  although  the 
President  had  indicated  his  dis- 
satisfaction with  the  principle  of 
nullification  as  asserted  in  South 
Carolina,  this  was  imputed  to  his 
personal  feelings  towards  the  Vice 
President,  and  his  sanction  of  the 
same  principle  as  practised  by 
Georgia,  was  regarded  as  a  more 
direct  proof  of  his  real  sentiments 
on  the  supremacy  of  the  laws  and 
treaties  of  the  Federal  Govern- 
ment. 

His  refusal  to  maintain  the  stip- 
ulations of  the  treaties  made  with 
the  Cherokee  tribes,  or  to  enforce 
the  laws  passed  in  compliance 
with  those  treaties,  had  excited 
lively  apprehensions  in  a  large 
portion  of  the  community,  not  only 
as  to  the  ultimate  fate  of  those 
tribes,  but  also  as  to  the  stability 
of  a  government,  whose  setded 
policy  and  most  solemn  engage- 
ments seemed  to  be  so  dependent 
upon  the  will  of  an  individual. 

Other  objections  were  urged 
against  the  administration,  drawn 
from  the  alleged  violation  of  the 
pledges,  upon  the  strength  of 
which  it  came  into  power.  In- 
stead of  a  diminution  of  salaries 
or  of  the  number  of  offices,  it  was 
alleged  that  they  had  been  aug- 
mented. The  expenses  of  the 
Government  had  been  increased, 
and  the  reform  which  had  been 
promised  when  out  of  power  was 
now  dismissed  as  an  unpalatable 
topic.  The  influence  of  the  Fed- 
eral Government  in  local  elections 
was  now  more  direcdy  exerted 


than  before.  Persons  appointed 
to  lucrative  offices  continued  to 
manage  the  journals  of  which  they 
were  formerly  the  editors. 

The  Post-office  was  used  as  an 
engine  to  subserve  the  political  de- 
signs of  the  administration,  and 
with  the  view  of  consolidating  this 
scheme,  of  controlling  the  Fede- 
ral Government,  and  of  appropri- 
ating its  emoluments  among  the 
leaders  of  an  extensive  political 
combination  formed  only  for  that 
end,  it  was  said  that  the  President 
had  been  induced  to  become  a 
candidate  for  a  re-election,  not- 
withstanding his  open  and  reiter- 
ated recommendation  of  a  consti- 
tutional provision  limiting  the  term 
of  service  to  four  years. 

Upon  these  grounds,  an  oppo- 
sition was  formed  to  the  re-elec- 
tion of  General  Jackson,  and  in 
some  portions  of  the  Union  this 
party,  which  was  denominated 
'  national  republican,'  juanifested 
a  disposition  to  present  Henry 
Clay,  the  Secretary  of  State  dur- 
ing the  late  administration,  as  its 
candidate  for  the  Presidency.  He 
was  accordingly  nominated  by  the 
legislatures  of  several  States,  and 
with  the  view  of  producing  a  con- 
centration of  action  in  the  opposi- 
tion, a  national  convention  was 
recommended  to  be  held  at  Bal- 
timore, on  the  12th  of  December, 
1831. 

While  these  events  were  trans- 
piring, another  party,  at  first  mere- 
ly local  and  confined  to  a  small 
district  of  the  Union,  was  fast 
gathering  strength,  and  had  now 
so  far  extended  itself  beyond  the 
narrow  limits  of  the  spot  of  its 
origin,  as  to  assume  consequence 
as  a  national  party,  and  claimed 


22 


ANNUAL  REGISTER,  1830—31 


the  right  of  being  consulted  as  to 
the  candidates  to  be  placed  before 
the  country,  in  opposition  to  the 
candidates  of  the  administration 
party. 

This  new  ])arty  had  its  origin 
in  the  abduction  and  murder  of 
one  William  Morgan,  a  citizen  of 
the  State  of  New  York,  who  was 
forcibly  taken  in  open  day  from 
the  jail  of  Canandaigua,  in  the 
month  of  September,  1826,  by  a 
party  of  fanatic  and  misguided 
members  of  the  masonic  frater- 
nity, carried  to  the  Niagara  fron- 
tier, and  there  murdered  for  an 
alleged  violation  of  his  masonic 
obligations.  This  lawless  outrage 
in  a  civilised  community,  having 
excited  great  sensibility,  efforts 
were  made  to  bring  the  perpetra- 
tors of  the  crime  to  justice.  To 
these  efforts  a  systematic  opposi- 
tion was  soon  discovered  to  exist, 
and  circumstances  speedily  trans- 
pired to  prove,  that  a  strong  in- 
fluence was  exerted  by  masons  of 
high  standing  to  prevent  any  in- 
vestigation of  the  offence. 

The  Sheriffs  of  the  counties, 
where  the  outrage  was  perpetrat- 
ed, were  members  of  the  Society, 
and  all  attempts  to  inquire  into 
the  fate  of  Morgan  were  in  most 
'places  effectually  thwarted  by 
their  selecting  grand  juries  prin- 
cipally composed  of  masons,  who 
ignored  all  bills  against  any  con- 
cerned in  the  abduction.  Bills  of 
indictment  however  were  found 
in  Ontario  county,  (the  Sheriff 
and  District  Attorney  of  which, 
were  above  this  illegal  influence,) 
against  some  of  the  principal  ac- 
tors in  the  conspiracy  and  a  se- 
ries of  judicial  investigations  were 
finally  commenced  in  the  seve- 


ral counties  through  which  Mor- 
gan had  been  carried.  In  the 
progress  of  these  investigations, 
it  was  discovered  that  many  of 
the  principal  witnesses  of  the 
abduction,  were  withdrawn  from 
the  process  of  the  courts,  and  that 
in  various  instances  they  success- 
fully eluded  all  attempts  to  pro- 
cure their  attendance  before  the 
juries  engaged  in  inquiring  into 
the  conspiracy.  Many  of  the 
masons,  who  were  on  the  grand 
juries  and  in  official  stations,  man- 
ifested a  leaning  in  favor  of  the 
accused  and  an  unwillingness  to 
investigate  the  truth  of  the  accu- 
sation. This  extraordinary  con- 
duct inflamed  rather  than  quiet- 
ed the  public  mind,  and  the  in- 
dignation, which  was  at  first  di- 
rected against  those  personally 
concerned  in  the  abduction,  was 
finally  turned  against  the  institu- 
tion of  Masonry  itself,  to  which 
was  attributed  the  original  insti- 
gation of  the  crime  and  the  im- 
munity and  protection  of  the  per- 
petrators. A  determination  was 
now  formed  by  a  large  portion  of 
the  citizens  of  those  counties, 
through  which  Morgan  had  been 
carried  in  his  passage  from  Can- 
andaigua jail  to  Niagara  river, 
fully  to  investigate  all  the  circum- 
stances connected  with  his  ab- 
duction, and  to  bring  the  crimi- 
nals, who  seemed  to  be  merely 
the  agents  of  a  powerful  and  ex- 
tensive combination,  to  justice. 

Various  indictments  were  ac- 
cordingly found  in  the  counties 
alluded  to,  and  certain  individu- 
als implicated  in  the  conspiracy 
were  brought  to  trial,  and  the  ju- 
dicial proceedings  consequent 
upon  these  indictments  occupied 


ANTI-MASONRY. 


the  public  attention  in  the  west- 
ern portion  of  the  State  of  New 
York  lor  several  years  subsequent 
to  the  abduction. 

Many  who  were  accused, 
were  acquitted ;  some  after  an 
impartial  trial,  and  others  from  a 
refusal  on  the  part  of  witnesses 
who  were  members  of  the  frater- 
nity, to  testify,  either  from  an  un- 
willingness to  compromit  them- 
selves, or  to  violate  their  Masonic 
obligations.  Nicholas  G.  Cheese- 
bro,  Edward  Sawyer,  and  Loton 
Law^son,  pleaded  guilty  ;  and  Eli 
Bruce,  the  Sheriff  ol  Niagara  at 
the  time  of  the  murder,  John 
Sheldon,  and  John  Whitney  were 
all  convicted  at  different  terms  of 
the  courts  in  Ontario  county,  and 
were  sentenced  to  imprisonment. 
Lawson  for  two  years,  Eli  Bruce 
for  two  years  and  four  months, 
Cheesebrofor  one  year,  Whitney 
for  one  year  and  three  months, 
Sheldon  for  three  months  and 
Sawyer  for  one  month. 

Convictions  were  also  had  of 
Jesse  French,  James  Hurlburt, 
and  Roswell  Wilcox  for  forcibly 
arresting  David  C.  Miller,  a  prin- 
ter, connected  with  Morgan  in  his 
expositions  of  the  secrets  of  Ma- 
sonry. French  was  sentenced 
to  one  year's  imprisonment,  Wil- 
cox to  six  months  and  Hurlburt 
to  three  months. 

Still  however  the  chief  actors 
in  the  last  scene  of  this  outrage 
escaped  conviction  and  punish- 
ment, and  a  powerful  but  secret 
agency  was  constantly  exerted  to 
protect  the  criminals.  Witnesses, 
whose  evidence  was  required  to 
prove  essential  particulars,  were 
removed  beyond  the  reach  of  the 
courts. 


Those  who  were  accused  as 
having  committed  the  murder 
with  their  own  hands,  escaped 
from  the  State,  and  a  veil  of  im- 
penetrable darkness  was  inter- 
posed between  the  investigations 
of  justice,  and  the  ultimate  fate  of 
Morgan. 

The  abortive  results  of  all  ju- 
dicial attempts  to  throw  any  light 
upon  this  matter ;  the  perfect 
immunity  with  which  the  offen- 
ders were  enabled  to  perpetrate 
one  of  the  most  atrocious  of 
crimes ;  and  the  aid  afforded  to 
the  accused  by  the  Masonic  fra- 
ternity in  evading  the  inquiries 
of  justice,  conspired  to  excite 
a  strong  feeling  of  indignation 
against  the  order  itself,  in  coun- 
ties where  these  circumstances 
transpired.  The  institution  ot 
Masonry  was  denounced  as  in- 
compatible with  the  institutions 
of  a  republican  government,  and 
as  aiming  to  control  or  counter- 
act the  regular  deliberation  and 
action  of  the  constituted  authori- 
ties. Its  oaths  and  secret  cere- 
monies were  said  to  be  immoral 
and  unlawful,  and  an  actual  ad- 
herence to  the  principles  contain- 
ed in  the  obligations  of  the  order 
was  declared  to  be  inconsistent 
with  the  paramount  duties  owing 
by  all  citizens  to  the  community, 
and  to  be  a  disqualification  for 
offices  of  public  trust. 

In  acting  up  to  the  principles 
of  this  declaration,  a  political  par- 
ty was  at  once  formed  in  the 
western  part  of  the  State  of  New- 
York  upon  the  simple  footing  of 
hostility  to  Masonry. 

So  much  had  the  public  mind 
been  excited  by  the  circumstan- 
ces connected  with  the  abduction 


24 


ANNUAL  REGISTER,  1830—31. 


of  Morgan,  that  all  political  dif- 
ferences were  speedily  merged 
in  opposition  to  .^.asonry,  and  an 
overwhelming  Anti-Masonic  ma- 
jority in  those  counties  soon 
placed  its  leaders  in  power,  and 
enabled  them  to  state  its  objects 
and  to  vindicate  its  principles  in 
the  Legislature  of  the  State.  In 
1827,  the  Anti-Masonic  party 
polled  17,000  votes  in  the  local 
elections.  The  next  year  can- 
didates were  nominated  on  their 
part  for  Governor  and  Lieutenant 
Governor,  but  they  having  declin- 
ed, from  an  unwillingness  to  di- 
vide the  votes  of  those  opposed 
to  the  election  of  General  Jack- 
son, candidates  were  nominated 
by  some,  who  were  not  unwilling 
to  produce  that  result,  and  they 
received  nearly  34,000  votes. 

In  1 S29  the  Anti-Masonic  party 
had  swallowed  up  in  most  of  the 
western  counties  all  other  parties 
in  opposition  to  the  administra- 
tion, and  their  candidates  received 
between  60  and  70,000  votes. 

Stimulated  by  this  result  they 
again  determined  to  nominate 
gubernatorial  candidates,  who, 
being  the  only  opposition  candi- 
dates, received  at  the  election  of 
1830,  120,000  votes. 

In  the  mean  time  the  attention 
of  the  citizens  of  other  States  was 
attracted  by  these  proceedings 
to  the  institution  of  Masonry,  and 
a  strong  feeling  of  hostility  to  the 
order  began  to  manifest  itself  in 
the  States  of  Vermont,  Pennsyl- 
vania, Massachusetts,  Rhode  Is- 
land, and  Ohio.  In  Vermont 
the  Anti-Masonic  candidates  in 
1831  obtained  a  plurality  above 
the  other  candidates,  and  in  Penn- 


sylvania the  gubernatorial  candi- 
date of  the  Anti-Masons  in  1829, 
received  50,000  votes. 

These  indications  of  increasing 
strength,  encouraged  the  leading 
Anti-Masons  in  the  United  Slates 
to  hold  a  national  convention  for 
the  purpose  of  organising  a  gene- 
ral opposition  to  the  order  through- 
out the  country. 

The  first  meeting  of  this  con- 
vention was  held  at  Philadelphia, 
on  the  11th  of  September,  1830, 
and  was  attended  by  delegates 
from  Massachusetts,  Rhode  Isl- 
and, Connecticut,  Vermont,  New 
York,  New  Jersey,  Pennsylva- 
nia, Maryland,  Delaware,  Ohio, 
and  Michigan. 

Proceedings  were  there  adopt- 
ed with  the  view  of  exposing  the 
dangerous  character  of  the  insti- 
tution to  the  w^orld,  and  a  nation- 
al convention  was  recommended 
to  be  held  at  Baltimore  on  the 
26th  September,  1831,  for  the 
purpose  of  nominating  candidates 
for  the  Presidency  and  Vice  Pres- 
idency of  the  United  States.  As 
this  party  avowed  its  determina- 
tion to  put  down  Masonry  at  all 
hazards,  and  expressed  its  unwil- 
lingness to  support  any  Masons, 
who  still  adhered  to  the  institu- 
tion, its  principles  and  doctrines 
became  the  subject  of  general 
examination. 

The  abduction  and  murder  of 
Morgan,  and  the  protection  of  his 
murderers,  were  imputed  by  the 
Anti-Masons  to  the  order  as  the 
legitimate  consequences  of  its 
oaths  and  maxims,  and  the  obliga- 
tions assumed  by  its  members 
were  denounced  as  immoral,  un- 
lawful, hostile  to  the  spirit  of  our 


ANTI-MASONRY. 


2i> 


institutions  and  incompatible  with 
the  paramount  obligations  of  so- 
ciety. 

On  the  other  hand,  the  friends 
of  the  order  contended,  that  the 
murder  of  Morgan  was  the  act  of 
a  few  misguided  fanatics,  and  no 
more  to  be  imputed  to  the  insti- 
tution, than  the  cruelty  of  the 
Inquisition  was  attributable  to  the 
establishment  of  Christianity ;  that 
the  charges  against  the  order 
were  founded  merely  upon  sus- 
picion which  asked  no  proof,  nor 
waited  for  confirmation  from 
facts ;  and  that  it  was  unjust  to 
involve  in  the  guilt  of  a  few, 
all  the  members  of  an  institut  on 
originating  in  charity  and  benev- 
olence, and  which  ranked  among 
its  supporters  and  friends  many  of 
the  brightest  ornaments  of  the 
country,  whose  names  alone  af- 
forded conclusive  proof  of  the 
high  and  exalted  character  of 
Masonry. 

The  effect  of  the  political  or- 
ganisation of  the  Anti-Masons 
was  to  compel  a  more  strict  and 
intimate  union  among  the  adher- 
ing members  of  the  fraternity,  and 
to  induce  them  to  exercise  a 
more  direct  influence  in  the  po- 
litics of  the  country,  in  the  hope 
of  crushing  a  party,  whose  avow- 
ed object  was  the  annihilation  of 
their  order. 

Another  portion  of  the  com- 
munity, comprehending  many  of 
its  most  enlightened  citizens,  as- 


sented to  the  opinion,  that  the 
Masonic  institution  had  become 
useless,  and  that  from  its  very 
organisation  it  was  liable  to  be 
perverted  to  corrupt  and  danger- 
ous purposes.  With  their  opin- 
ion of  Masonry,  however,  they 
refused  to  join  in  what  they  deem- 
ed an  undistinguishing  and  intol- 
erant proscription. 

The  misdeeds  of  a  few,  they 
could  not  regard  as  a  good  ground 
for  withdrawing  their  confidence 
from  men  whose  integrity  had 
been  tried,  simply  because  they 
were  members  of  a  society,  which 
had  been  long  tolerated  in  the 
country,  and  which  would  be 
more  effectually  destroyed  by  a 
sober  and  calm  appeal  to  the 
understanding  of  the  American 
people,  than  by  any  party  asso- 
ciation, as  all  such  associations 
are  liable  to  be  perverted  to 
the  designs  of  political  ambition. 

This  diversity  of  opinion  as  to 
the  character  and  objects  of  the 
Anti-Masonic  party  had  not  the 
effect  of  dissuading  its  leaders 
from  presenting  their  candidates 
for  the  Presidency  and  Vice 
Presidency  of  the  United  States 
before  the  public,  and  the  oppo- 
sition to  the  re-election  of  Gene- 
ral Jackson  seemed  destined  to 
be  as  much  thwarted  by  their 
own  divisions  as  by  the  disci- 
pline and  concert  prevailing  in 
the  party  sustaining  his  adminis- 
tration. 


3* 


CHAPTER  II. 


INDIAN  AFFAIRS. 

Conduct  of  Georgia. —  Case  of  George  Tassel — Resolutions  of 
State  Legislature. — Survey  of  the  Cherokee  Territory. — Fro- 
ceedings  of  State  Legislature. —  Co-operation  of  thQ  Federal 
Government. —  Occupation  of  the  Cherokee  Country. — Arrest  of 
Missionaries. —  Condemnation  and  Imprisonment  of. — Frocess  in 
Supreme  Court  of  United  States. — Judgment  of  Court. —  Change 
in  mode  of  paying  Indian  Annuities. —  Treaty  witti  the  Chero- 
Jcees. — Froceedings  of  Senate. — Motion  in  House  on  the  Indian 
Relations. — To  reform  mode  of  Distributing  Annuities. 


The  determination  adopted  by 
General  Jackson,  upon  his  acces- 
sion to  the   Presidency,  not  to 
enforce   the    Indian    intercourse 
act,  whenever  its  provisions  should 
bring   the    Government    of    the 
United  States  into  collision  with 
the  State  authorities,  now  began 
to   produce    the    most   unhappy 
consequences.     Encouraged   by 
the  conviction,  that   they  could 
proceed  without  molestation,  the 
Government   of    Georgia    com- 
menced the  execution  of  what  it 
had  only  threatened,  under  the 
preceding  administration.  Its  pre- 
tensions respecting  the  right  of 
sovereignty  and  jurisdiction,  hav- 
ing been  sanctioned  by  the  Fed- 
eral Government,  its  course  w^as 
thenceforth  controlled  only  by  its 
own  ideas  of  propriety  and  ex- 
pediency, and  they  were  unfor- 
tunately too  much  perverted  by 
passion  and   prejudice,  to  exert 
any  efficient  influence*  over  the 
policy  of  the  State.     Shortly  af- 


ter the  period  designated  for  the 
extension  of  the  jurisdiction  of 
the  State,  over  the  Cherokee  ter- 
ritory, the  writs  of  the  State 
Courts  were  issued  against  resi- 
dents in  the  Indian  territory,  and 
the  Cherokee s  were  tried  before 
the  State  tribunals,  without  any 
regard  being  paid  to  their  pleas 
to  the  jurisdiction  of  the  Court 
before  which  they  were  sum- 
moned. 

In  the  case  of  George  Tassel, 
a  Cherokee,  charged  with  the 
murder  of  another  Cherokee  up- 
on the  Indian  territory,  an  effort 
was  made  to  procure  the  decision 
of  the  Supreme  Court,  upon  the 
constitutionality  of  the  State  laws. 
After  his  trial  and  condemnation, 
by  the  Superior  Court  for  Hall 
County,  a  writ  of  error  was  issued 
from  the  Supreme  Court  of  the 
United  States,  and  a  citation  was 
served  upon  Governor  Gilmer,  on 
the  22d  of  December,  1830,  re- 
quiring the  State  of  Georgia,  to 


INDIAN  AFFAIRS. 


27 


appear  before  the  Supreme  Court, 
at  Washington,  on  the  second 
Monday  of  January,  to  shew  cause 
why  the  judgment  in  that  case 
should  not  be  reversed.  As  the 
question  in  this  cause  was  simply 
concerning  the  validity  of  the 
treaties  between  the  United  States 
and  the  Cherokee  tribe,  it  was 
obviously  within  the  jurisdiction 
of  the  Federal  Judiciary,  which 
by  the  2d  section  of  the  third  ar- 
ticle of  the  Constitution,  is  de- 
clared to  extend  *  to  all  cases  in 
law  and  equity,  arising  under  this 
Constitution,  the  laws  of  the  Unit- 
ed States  and  treaties  made  or 
which  shall  be  made  under  their 
authority.' 

Governor  Gilmer,  however,  re- 
garding it  as  an  usurpation  of  au- 
thority, immediately  transmitted 
the  citation  to  the  legislature,  with 
a  message  exhorting  that  body  to 
take  measures  to  resist  any  inter- 
ference on  the  part  of  the  Fed- 
eral Judiciary,  with  the  jurisdic- 
tion of  the  criminal  Courts  of  the 
State. 

Upon  the  reception  of  this 
message,  the  following  resolutions 
were  proposed  by  the  committee 
to  which  the  subject  was  refer- 
red, and  were  passed  by  the  leg- 
islature. 

After  reciting  the  proceedings 
in  the  case,  the  report  proceeded 
with  the  following  preamble  and 
resolutions  : 

*  Whereas,  the  right  to  punish 
crimes  against  the  peace  and  good 
order  of  this  State,  in  accordance 
with  the  existing  laws,  is  an  orig- 
inal and  a  necessary  part  of  sov- 
ereignty, which  the  State  of 
Georgia  has  never  parted  with  : 
Be  it  therefore  resolved  by  the 


Senate  and  House  of  Represen- 
tatives, That  they  view  with  feel- 
ings of  the  greatest  regret,  the 
interference  by  the  Chief  Justice 
of  the  Supreme  Court  of  the 
United  States,  in  the  administra- 
tion of  the  criminal  laws  of  this 
State,  and  that  such  an  interfer- 
ence is  a  flagrant  violation  of  her 
rights. 

Resolved  further.  That  his  Ex- 
cellency the  Governor,  be,  and  he 
and  every  other  officer  of  this 
State,  is  hereby  requested  and 
enjoined,  to  disregard  any  and 
every  mandate  and  process,  that 
has  been,  or  shall  be,  served  up- 
on him  or  them,  purporting  to 
proceed  from  the  Chief  Justice 
or  any  associate  Justice,  of  the 
Supreme  Court  of  the  United 
States,  for  the  purpose  of  arrest- 
ing the  execution  of  any  of  the 
criminal  laws  of  this  State. 

And  be  it  further  resolved. 
That  his  Excellency,  the  Gov- 
ernor, be  and  he  is  hereby  au- 
thorised and  required,  with  all  the 
force  and  means  placed  at  his 
command,  by  the  Constitution  and 
laws  of  this  State,  to  resist  and 
repel  any  and  every  evasion  from 
whatever  quarter,  upon  the  ad- 
ministration of  the  criminal  laws 
of  this  State. 

Resolved,  That  the  State  of 
Georgia,  will  never  so  far  com- 
promit  her  sovereignty  as  an  in- 
dependent State,  as  to  become  a 
party  to  the  case  sought  to  be 
made  before  the  Supreme  Court 
of  the  United  States,  by  the  writ 
in  question. 

Resolved,  That  his  Excellen- 
cy the  Governor,  be,  and  he  is 
hereby  authorised,  to  communi- 
cate to  the  Sheriff  of  Hall  Coun- 


u» 


AxNNuAl.  liEGlSTER,  1830—31 


ty,  by  express,  so  much  of  the 
foregoing  resolutions,  and  such 
orders  as  are  necessary  to  ensure 
the  full  execution  of  the  laws,  in 
the  case  of  George  Tassel,  con- 
victed of  murder  in  Hall  county.' 

Orders  were  accordingly  given 
to  the  Court  and  the  Sheriff,  to 
disregard  any  process  from  the 
United  States  Courts,  and  the 
execution  of  the  unfortunate  In- 
dian, took  place  on  the  28th  of 
i  ecember,  pursuant  to  his  sen- 
tence. 

The  death  of  George  Tassel, 
the  plaintiff  in  error,  of  course 
prevented  any  further  proceed- 
ings upon  the  writ  of  error,  and 
the  punishment  inflicted  not  be- 
ing disproportioned  to  the  offence, 
substantial  justice  was  doubtless 
awarded  by  the  State  tribunals  ; 
still  the  unwillingness  to  submit 
the  question  of  jurisdiction  to  the 
Supreme  Court,  the  defiance  of 
the  authority  of  the  Federal  Ju- 
diciary, and  the  indecent  haste 
with  which  the  life  of  a  human 
being  was  taken  away,  while  his 
appeal  was  pending,  all  indicated 
the  conscious  weakness  of  the 
ground  occupied  by  the  State, 
augured  unfavorably  of  its  fidelity 
to  the  Lnion.  The  State  Gov- 
ernment did  not,  however,  content 
itself  with  citing  the  Cherokees 
before  the  tribunals  of  Georgia, 
but  also  proceeded  to  authorise 
the  survey  and  occupation  of  the 
Indian  territory,  with  the  view  of 
distributing  it  by  lot,  among  the 
citizens  of  Georgia. 

A  law  was  also  passed,  forbid- 
ding the  holding  of  any  legislative 
councils,  or  Judicial  Courts  among 
the  Indians,  and  the  exercise  of 
any  official  authority  on  the  part 


of  the  native  chieftains  was  pro- 
hibited, under  the  penalty  of  im* 
prisonment ;  while  with  a  marked 
inconsistency,  the  last  section  of 
that  law  authorised  the  chieftains 
to  hold  communication  with  the 
commissioners  of  the  United 
States,  in  order  to  enable  the 
Federal  Government  to  go  on  and 
purchase  the  Indian  territory  by 
treaty. 

Another  law  was  enacted,  de- 
claring that  no  Cherokee  should 
be  bound  by  any  contract,  entered 
into  with  a  white  man,  nor  should 
he  be  liable  to  be  sued  on  such 
contract. 

A  proclamation  was  also  issued, 
prohibiting  the  digging  of  gold  on 
the  Indian  lands,  and  the  United 
States  troops  were,  at  first,  order- 
ed to  co-operate  in  carrying  into 
effect  this  law,  by  arresting  the 
gold  diggers  and  destroying  their 
huts. 

This  movement  on  the  part  of 
the  United  States  troops,  was  un- 
der the  authority  vested  in  the 
President,  by  the  Indian  inter- 
course act,  of  1802  ;  but  this  law 
also  prohibited  any  encroachment 
on  the  Indian  territory,  and  any 
further  acquiescence  in  the  valid- 
ity of  that  law,  would  be  incon- 
sistent with  the  pretensions  of 
Georgia.  A  communication,  dat- 
ed October  29,  1830,  was  ac- 
cordingly addressed  by  tlie  Gov- 
ernor to  the  President  of  the 
United  States,  requiring  the  with- 
drawal of  the  United  States  troops 
from  the  Indian  territory,  on  the 
ground  that  the  enforcement  of 
the  provisions  of  the  law,  under 
which  they  acted,  was  inconsist- 
ent with  the  rights  of  Georgia  ; 
that  the  legislature  was  then  as- 


INDIAN  AFFAIRS. 


29 


sembled  for  the  purpose  of  ex- 
tending the  laws  of  the  State  over 
the  Indian  country  ;  that  the  State 
Government  was  abundantly  com- 
petent to  preserve  order  within 
the  Cherokee  territory  ;  and  that 
as  the  object  of  ordering  the 
troops  there,  was  undoubtedly  the 
preservation  of  the  peace  of  the 
Union,  and  as  in  the  execution  of 
their  duties  they  had  punished  in 
some  instances,  citizens  of  the 
State  in  violation  of  their  rights, 
the  Governor  suggested  that  the 
most  effectual  mode  of  preventing 
any  collision  between  the  Federal 
and  State  Governments,  was  to 
remove  the  troops. 
,  To  this  communication,  the 
Secretary  of  War  replied,  No- 
vember 10th,  that  the  troops  w^ere 
ordered  upon  the  approach  of 
winter,  to  retire  into  winter  quar- 
ters, because,  as  the  Secretary 
added,  *it  is  expected  that  the 
emergency  which  induced  the 
troops  to  enter  the  Indian  coun- 
try has  ceased.'  The  troops 
were  accordingly  removed,  and 
the  Cherokees  abandoned  to  the 
mercy  of  the  State  Government. 
Measures  were  at  once  adopted 
by  the  Governor,  to  enforce  the 
pretensions  of  the  State  by  a 
military  force,  which  was  sent  to 
remove  the  gold  diggers  from  the 
Cherokee  country.  A  detach- 
ment of  troops,  or  local  standing 
army,  raised  by  the  State  authori- 
ties, was  accordingly  despatched 
in  the  month  of  January,  1831, 
to  drive  off  these  persons,  com- 
posed partly  of  Cherokees,  and 
partly  of  white  intruders  upon 
their  territory. 

This  object  was  accomplished 
without  any   serious   opposition, 


but  the  guard  thought  it  necessary 
in  the  execution  of  their  duty,  to 
act  as  the  police  of  the  Indian 
country,  and  with  their  excited 
prejudices  against  the  Cherokees, 
soon  rendered  their  residence  on 
their  own  territory  inconvenient 
and  even  intolerable. 

By  the  law,  which  authorised 
the  appointment  of  a  commis- 
sioner and  guard,  powers  were 
given  to  them  which  enabled 
them  to  drive  from  the  Cherokee 
tribe,  all  the  white  men  to  whom 
they  had  been  in  the  habit  of  re- 
sorting, for  advice  and  instruction. 

This  law  required  all  white 
persons  residing  in  the  Cherokee 
country,  to  provide  themselves 
with  a  permit  from  the  Governor, 
and  to  take  an  oath  of  allegiance 
to  the  State,  and  declared  all 
white  persons  residing  there,  with- 
out having  complied  with  those 
requisites,  to  be  punishable  with 
imprisonment  in  the  penitentiary 
for  four  years. 

Under  that  law,  Samuel  Wor- 
cester, and  five  other  white  per- 
sons, who  had  long  been  residents 
in  the  Cherokee  territory,  were 
arrested  by  this  guard  in  the 
month  of  March,  and  with  a  se- 
verity entirely  uncalled  for,  were 
dragged  before  the  Superior 
Court  of  Gwinnett  county,  for 
refusing  to  comply  with  this  ex- 
traordinary law. 

An  objection  was  made  to  the 
Constitutionality  of  the  law,  but 
Judge  Clayton,  before  whom  they 
were  arraigned,  decided  it  to  be 
in  conformity  w^th  the  Constitu- 
tion, and  ordered  four  of  the  de- 
fendants to  be  bound  over  to  an- 
swer at  the  next  term  of  the 
Court.    Mr  Worcester  and  John 


30 


ANNUAL  REGISTER,  1830—31. 


Thompson,  being  missionaries, 
were  discharged,  on  the  ground 
that  they  were  exempted  from 
the  operation  of  the  statute,  as 
agents  of  the  Federal  Govern- 
ment,— having  been  employed  to 
disburse  among  the  Cherokees, 
the  portion  of  the  appropriation 
annually  made  to  civilize  the  In- 
dians, to  which  that  tribe  was  en- 
titled. 

This  decision  so  far  as  it  dis- 
charged the  missionaries,  gave 
great  offence  to  the  State  author- 
ities, and  the  Governor  obtained 
from  the  General  Government,  a 
disavowal  that  the  missionaries 
were  its  agents.  Orders  were 
also  given  to  withdraw  from  Mr 
Worcester,  his  appointment  as 
Postmaster,  at  New  Echota. 

These  preliminary  steps  hav- 
ing been  taken,  the  missionaries 
were  warned  by  Governor  Gil- 
mer, to  quit  the  nation,  and  with- 
in ten  days  afterwards  Mr  Wor- 
cester and  Ezra  Butler,  were 
arrested  and  again  arraigned  be- 
fore the  Superior  Court  of  Gwin- 
nett county,  and  the  facts  being 
proved,  they  were  sentenced  to 
four  years'  confinement  at  hard 
labor,  in  the  penitentiary  of  Geor- 
gia, for  continuing  to  reside  in  the 
Cherokee  country,  where  they 
had  been  invited  to  go  by  the 
policy  of  the  Federal  Govern- 
ment, and  for  having  refused  to 
take  the  oath  of  allegiance  to  the 
State  of  Georgia.  Measures  were 
taken  to  subject  this  unrighteous 
sentence  to  the  revision  of  the 
Federal  Courts  ;  but  in  the  mean- 
time, the  missionaries  were  com- 
pelled to  undergo  the  punishment 
of  felons,  which  was  submitted  to 
with  constancy  and  patience. 


Much  indignation  was  mani- 
fested througliout  the  country  at 
this  gross  violation  of  personal 
rights,  superadded  to  a  complete 
disregard  of  the  Federal  compact 
and  the  faith  of  treaties.  The 
decision  of  the  President,  how- 
ever, sustaining  Georgia  in  the 
ground  she  had  assumed,  she 
proceeded  to  carr)^  her  policy  of 
expelling  the  Cherokees  from 
their  territory  into  effect,  with  as 
much  deliberation,  as  if  she  had 
not  been  a  party  to  the  Federal 
Constitution,  and  as  if  they  were 
a  conquered  enemy  and  not  a 
faithful  ally.  The  chieftains  com- 
posing the  legislative  and  execu- 
tive council  of  the  tribe,  did  not, 
however,  shrink  from  the  per- 
formance of  the  duties  which  be- 
longed to  their  stations.  Aware 
of  the  disparity  of  force,  they 
carefully  abstained  from  all  vio- 
lence, and  appealed  to  the  Amer- 
ican tribunals,  in  defence  of  their 
rights. 

A  bill  was  filed  in  behalf  of  the 
nation,  on  the  equity  side  of 
the  Supreme  Courts  of  the  Unit- 
ed States,  and  process  was  duly 
served  on  the  Governor  of  the 
State  of  Georgia,  with  the  view 
of  testing  the  validity  of  her  claims, 
and  of  procuring  an  injunction  to 
restrain  her  from  pursuing  a 
course  so  inconsistent  with  the 
rights  of  the  Cherokee  tribe,  as 
secured  by  treaty. 

Of  these  proceedings  no  notice 
was  taken  by  the  State  Govern- 
ment, except  the  adoption  of  a 
resolution  to  set  at  defiance  the 
authority  of  the  Court. 

The  Court,  however,  proceeded 
to  hear  the  cause,  and  after  a  full 
argument  in  behalf  of  the  Chero- 


INDIAN  AFFAIRS. 


91 


kee  tribe,  by  Messrs  Wirt  and 
Sergeant,  it  determined,  at  the 
January  term  of  1831 ,  that  in  that 
form  it  had  not  jurisdiction  of  the 
subject-matter  in  dispute. 

The  Supreme  Court  had  juris- 
diction between  two  Slates  of  the 
confederacy,  and  also  between  a 
foreign  State  and  one  of  the  States 
of  the  Union.  The  Cherokee 
tribe,  however,  was  neither  a  for- 
eign State  nor  a  member  of  the 
confederacy,  but  a  domestic  de- 
pendent nation  in  a  state  of  pupil- 
age, and  in  a  relation  to  the  Unit- 
ed States  resembling  that  of  a 
ward  to  his  guardian. 

The  prayer  of  the  bill  was, 
therefore,  denied,*  and  the  Cher- 
okee tribe  was  left  another  year 
exposed  to  the  encroachments 
and  oppressions  of  its  neighbors 
in  spite  of  the  plain  and  positive 
stipulation  of  treaties. 

in  addition  to  the  countenance 
given  by  the  General  Government 
to  these  arbitrary  proceedings  on 
the  part  of  Georgia,  a  change  was 
adopted  in  the  mode  of  distribut- 
ing the  annuity  stipulated  to  be 
paid  to  the  Cherokee  tribe,  with 
the  view  of  depriving  them  of  the 
means  of  legally  resisting  the  en- 
croachments upon  their  territory. 

By  the  treaties  between  the 
United  States  and  that  tribe,  cer- 
tain sums  of  money,  amounting  in 
the  whole  to  twelve  thousand 
dollars,  were  agreed  to  be  paid 
annually  *  to  the  Cherokee  Na- 
tion,' and  pursuant  to  those  stipu- 
lations the  payments  hitherto  had 
been  punctually  made  by  the 
Government  to  the  chieftains  re- 
presenting the   nation,   and  who, 

*  Vide  Opinion,  second  part,  page  229. 


in  the  treaties  with  that  tribe,  had 
been  considered  as  the  proper 
agents  to  transact  business  in  its 
behalf. 

The  present  administration  hav- 
ing adopted  a  new  policy  respect- 
ing the  Indians,  and  regarding 
them  as  subject  to  the  State  with- 
in whose  limits  they  were,  it  re- 
solved to  carry  out  the  principle, 
and  orders  were  issued  from  the 
War  department  not  to  pay  the 
annuities  as  formerly  to  the  chief- 
tains of  the  Cherokee  tribe,  but 
to  distribute  them  among  the  na- 
tion,— paying  to  each  individual 
his  proportion.  The  number  of 
Cherokees  east  of  the  Mississippi 
being  between  fourteen  and  fifteen 
thousand,  the  share  of  each  indi- 
vidual would  come  to  less  than  a 
dollar,  and  as  the  tribe  extended 
over  a  large  tract  of  country,  the 
expenses  of  each  Indian's  travel- 
ling to  the  agency  would  more 
than  absorb  the  sum  to  which  he 
is  entided.  The  effect  of  the 
order  was,  therefore,  a  virtual 
withholding  of  the  annuity,  and  it 
was  regarded  as  an  additional  vio- 
lation of  the  treaties  between  that 
tribe  and  the  Government  of  the 
United  States. 

The  Cherokees  generally  re- 
fused to  receive  the  annuities  in 
this  manner,  and  it  consequently 
remained  in  the  hands  of  the 
agents  of  the  United  States. 

The  withholding  the  annuity 
and  the  encroachments  made  up- 
on their  territory  by  the  State 
authorities,  did  not  in  the  least 
faciliiate  the  accomplishment  of 
the  object  aimed  at  by  the  State. 
The  Cherokees,  conscious  of  their 
rights,  and  strong  in  the  support 
of  public  opinion,  refused  to  re- 


33 


ANNUAL  REGISTER,  1830—31. 


move  from  their  territory  or  even 
to  treat  for  its  cession.  Excited 
by  a  conviction  of  their  having 
been  unjustly  treated,  they  re- 
garded the  Government  o(  the 
United  States  itself  in  an  un- 
friendly light,  and  communicated 
with  its  agents  only  in  the  shape 
of  complaint  and  remonstrance. 
In  the  mean  time,  the  State  of 
Georgia  pursued  its  course  re- 
gardless of  the  public  opinion  of 
the  country. 

Convinced  that  a  judicial  in- 
quiry into  its  pretensions  would 
result  in  their  complete  refutation 
and  overthrow,  the  State  Govern- 
ment studiously  sought  to  bring 
the  Federal  Courts  into  contempt. 

Their  authority  over  the  sub- 
ject was  constantly  denied,  and 
the  legal  and  constitutional  mode 
provided  for  the  peaceable  execu- 
tion of  the  laws  and  treaties  of 
the  United  States,  was  thus  de- 
feated by  the  self-will  of  a  State, 
permitted  and  even  encouraged 
to  pursue  its  reckless  career,  by 
the  novel  views  adopted  by  those 
entrusted  with  the  administration 
of  the  Federal  Government  as  to 
its  powers  and  its  obligations. 

While  the  Government  of  the 
United  States  thus  thwarted  its 
own  ends,  and  lost  its  influence 
over  the  Cherokee  tribe,  by  the 
indifference  manifested  towards 
its  engagements,  it  was  more  suc- 
cessful in  its  efforts  to  persuade 
the  Choctaws — a  numerous  tribe 
in  the  States  of  Alabama  and  Mis- 
sissippi— to  remove  beyond  the 
Mississippi,  and  to  cede  their  lands 
east  of  that  river  to  the  United 
States.  Shortly  after  the  adjourn- 
ment  of  Congress,  in  1630,  Gene- 
ral John  Coffee  and  the  Secretary 


of  War  (Mr  Eaton)  were  appoint- 
ed commissioners  to  negotiate 
with  this  tribe  for  a  cession  of 
their  territory.  The  council  of 
the  tribe  was  accordingly  invited 
to  meet  them  in  September,  at 
Dancing  River  Creek,  in  the 
Choctaw  country.  A  very  numer- 
ous assemblage  of  Indians  took 
place — it  being  computed  that 
between  four  and  five  thousand 
were  present, — a  number  com- 
prehending the  effective  popula- 
tion of  the  tribe.  Upon  commenc- 
ing the  negotiation,  it  was  soon 
discovered,  that  the  Choctaws 
were  divided  into  two  parties,  in 
relation  to  the  cession  of  their  ter- 
ritory. One  party  opposing  the 
conclusion  of  any  additional  trea- 
ties, and  the  other  contending  that 
it  would  be  better  for  the  tribe  to 
yield  to  the  wishes  of  the  Govern- 
ment of  the  United  States,  before 
the  Government  of  Mississippi 
should  commence  a  system  of 
oppression  with  the  view  of  co- 
ercing them  into  a  cession.  After 
a  protracted  negotiation,  during 
which  the  two  parties  were  almost 
on  the  point  of  coming  to  blows, 
those  opposed  to  a  cession  retired 
from  the  council,  and  a  treaty 
was  concluded  with  the  remaining 
chieftains,  by  which  all  the  Choc- 
taw territory  east  of  the  Missis- 
sippi was  ceded  to  the  United 
States,  upon  the  following  terms  : 

Reservations  were  allowed  to 
all  persons,  not  exceeding  40, 
cultivating  50  or  more  acres  of 
land,  of  one  section  each  :  to 
1,500  persons,  of  from  80  to  480 
acres  each,  according  to  tlie  quan- 
tity of  land  which  they  cultivated. 

These  reservations  included 
improvements,  and  might  be  sold, 


INDIAN  AFFAIRS. 


33 


by  permission  of  the  President  of 
the  United  States. 

Ninety  captains,  who  did  not 
otherwise  obtain  one  section  each, 
were  entitled  to  an  additional  half 
section  each,  which  might  be  sold 
by  permission  of  the  President,  or 
paid  for  by  the  United  States,  at 
fifty  cents  per  acre,  at  the  option 
of  the  captains. 

All  orphans  were  secured  a 
quarter  section,  to  be  selected  by 
the  President,  and  sold  for  their 
benefit,  under  his  direction. 

All  families  who  resided  on  their 
present  improvements  five  years, 
were  declared  to  be  entitled  to  a 
patent  for  640  acres  for  the  head 
of  the  family,  and  320  acres  to 
each  unmarried  child  over  ten 
years  of  age,  and  160  acres  for 
each  under  ten,  contiguous  to  their 
parent's  land. 

Some  50  or  100  special  reser- 
vations were  made  in  favor  of 
individuals  of  the  nation.  ^l,e 
United  States  also  stipulated  to 
pay  $50,000  for  the  support  of 
common  schools  in  thii  Choctaw 
nation.  $400,000  to  be  paid  in 
20  annual  instalments.  $250  a 
year,  to  fouv  principal  chiefs,  each 
for  20  years.  $500  a  year  to 
one  chief,  to  preside,  in  case  of 
the  naUon  adopting  a  republican 
form,  of  government.  The  Unit- 
ed States  also  agreed  to  pay  for 
-che  building  a  council  house,  a 
house  for  each  chief,  and  three 
churches,  to  be  also  used  as 
schoolhouses  :  to  provide  for  the 
salary  of  three  teachers  and 
preachers,  for  twenty  years  :  for 
three  smith's  shops, to  be  support- 
ed sixteen  years;  one  millwright 
for  five  years  ;  and  sundry  small 
payments  to  secretaries,  speakers, 
4 


he.  They  also  agreed  to  present 
one  rifle  to  each  emigrating  war- 
rior, after  his  arrival  in  their  new 
country,  and  to  deliver  2,100 
blankets,  1,000  wheels  and  carts, 
1,000  axes,  1,000  hoes,  400 
looms,  1 ,000  ploughs,  to  be  divid- 
ed among  them  in  Arkansas,  and 
to  furnish  one  ton  of  iron  and 
two  hundred  weight  of  steel,  annu- 
ally, to  each  district  for  sixteen 
years. 

The  Indians  were  to  be  remov- 
ed at  the  expense  of  the  United 
States,  in  wagons  and  steamboats, 
and  to  be  supported  one  year  after 
their  arrival  at  their  new  homes. 
Their  new  country,  according  to 
the  boundaries  described  in  the 
treaty  of  Washington  City,  in 
1825,  *and  the  jurisdiction  and 
government  of  all  persons  and 
P/roperty  within  its  limits,  it  was 
agveed  should  be  secured  to  them 
forever;  no  State  or  Territory 
should  ever  extend  its  jurisdiction 
over  any  part  of  it ;  the  nation 
should  always  be  governed  by 
its  own  laws,  which,  however, 
were  not  to  be  inconsistent^  with 
those  of  the  United  States.  The 
United  States  stipulated  to  pro- 
tect the  Choctaws  from  domestic 
strife  and  from  foreign  enemies, 
as  if  they  were  citizens  of  the 
United  States.  Navigable  streams 
were  declared  to  be  free  to  the 
Choctaws,  and  the  United  States 
were  authorised  to  establish  roads 
through  their  territory.  Provision 
was  made  for  the  apprehension 
and  punishment  of  trespassers  and 
offenders;  and  Choctaws  on  the 
territory  ceded,  were  authorised 
to  become  citizens  of  the  United 
States,  upon  declaring  their  inten- 
tion, and  were  thereupon  entitled 


34 


ANNUAL  REGISTER,  1830—31. 


to  a  reservation  of  640  acres  each. 
The  propriety  of  admitting  the 
nation  to  a  representation  by  their 
delegate  on  the  floor  of  Congress, 
after  they  shall  become  sufficient- 
ly civilized,  is  submitted  in  the 
treaty  to  the  consideration  of  Con- 
gress. 

The  Choctaws  agreed  to  re- 
move in  1831,  1832,  and  1833, 
and  in  the  mean  time,  the  United 
States  were  to  keep  out  intruders ; 
and  the  commissioners  promised- 
that  the  Government  would  use 
its  influence  with  the  State  of 
IMississippi,  to  suspend  the  opera- 
lion  of  her  laws,  and  also  with 
Alabama  not  to  extend  her  laws 
into  the  nation,  for  the  space  of 
three  years.  The  country,  how- 
ever, in  the  mean  time  was  to  be 
surveyed  as  soon  as  practicable, 
by  prudent,  discreet  surveyors.'* 

Upon  this  treaty  being  submit- 
ted to  the  Senate  for  its  ratifica- 
tion, that  body  determined  to  in- 
quire minutely,  into  the  circum- 
stances under  which  it  was  made, 
and  a  resolution  was  accordingly 
introduced,  calling  for  any  letters 
received  from  the  Choctaw  chief- 
tains in  relation  to  the  treaty.  An 
inquiry  was  also  instituted  into  the 
character  of  the  territory  west  of 
the  Mississippi,  destined  for  the 
Choctaw  tribe.  These  inquiries 
having  terminated  satisfactorily,  a 
resolution  was  then  introduced, 
disavowing  the  principle  contained 
in  the  preamble  of  the  treaty,  by 
which  the  President  of  the  United 
States  is  represented  as  saying, 
that  he  cannot  protect  the  Choc- 
taw people  from  the  operation  of 
the  laws  of  the  State  of  Missis- 

*  For  Treaty,  vide  second  part,  84th 
page. 


sippi.  This  doctrine  was  that  by 
which  the  President  and  his  Cab- 
inet undertook  to  justify  their  neg- 
lect to  execute  the  provisions  of 
the  Indian  intercourse  act,  and 
the  decisive  vote  of  the  Senate, 
by  which  the  preamble  was  strick- 
en  out,  was  a  striking  condemna- 
tion on  the  part  of  that  body  of 
the  novel  principle,  which  the 
President  sought  to  introduce  into 
the  administration  of  the  Govern- 
ment. On  a  division  of  the  Sen- 
ate, the  vote  stood  32  for  striking 
out  the  preamble,  and  1 1  in  its 
favor. 

The  treaty  was  then  confirmed, 
33  ayes  and  12  nays,  and  the 
Choctaw  nation  commenced  its 
removal  beyond  the  Mississippi 
river. 

A  similar  treaty  was  made  with 
their  neighbors,  the  Chickasaws, 
and  the  provisions  of  both  these 
treaties  may  be  deemed  highly 
favorable  to  the  Indians,  whose 
subsistence  in  their  new  homes 
was  secured  one  year  at  the  ex- 
perise  of  the  United  States.  This 
policy,  adopted  by  the  adminis- 
tration towards  the  Aborigines, 
however,  was  not  carried  into  ef- 
fect without  serious  opposition  in 
Congress. 

The  trial  and  impeachment  of 
Judge  Peck,  occupied  the  atten- 
tion of  both  Houses  at  the  com- 
mencement of  the  session,  and  no 
opportunity  was  given  to  bring  the 
subject  up  until  the  beginning  of 
February.  On  the  7th  of  that 
month,  Mr  Everett  presented  a 
petition  from  sundry  citizens  of 
Massachusetts,  praying  the  repeal 
of  the  Indian  laws  of  last  session. 
It  not  being  in  order  to  discuss 
petitions  the  day  they  are  pre- 


INDIAN  AFFAIRS. 


3& 


sented,  it  was  laid  over  until  the 
next  Monday,  when  Mr  Everett 
gave  notice,  that  he  should  call 
for  its  consideration.  On  the 
14th  of  February,  accordingly,  it 
was  announced  from  the  Chair, 
as  before  the  House  for  its  dis- 
posal. 

Mr  Everett  rose,  and  was  pro- 
ceeding to  address  the  Chair, 
when 

Mr  Tucker  interposed  and  de- 
manded that  the  question  of  '  con- 
sideration '  be  put,  and  the  Speak- 
er announced  this  to  be  the  ques- 
tion. 

[This  question  precludes  de- 
bate on  any  motion,  unless  the 
House  decides  in  favor  of  its  con- 
sideration.] 

The  yeas  and  nays  on  the 
*  consideration '  being  ordered, 

Mr  Everett  said,  it  was  with 
great  regret,  he  was  obliged  to  say, 
that  he  considered  the  demand 
for  the  question  of  consideration, 
out  of  order  ;  the  petition  had 
been  received  by  the  House,  and 
if  this  motion  were  entertained 
by  the  Chair,  it  would  cut  off  all 
debate  on  the  petition,  which  Mr 
Everett  said  he  had  a  right  to 
discuss,  on  presenting  it,  if  he 
thought  proper. 

The  Speaker  said  the  House 
had  a  right  to  decide,  whether  it 
would  consider  the  gentleman's 
motion — it  had  a  right  to  refuse 
to  receive  the  petition  itself. 

Mr  Everett.  But  the  House 
has  received  the  petition,  Mr 
Speaker. 

The  Speaker  said  the  petition 
had  been  received  and  laid  on  the 
table  ;  that  the  House  had  a  right 
now  to  say,  whether  it  would 
consider  the  gentleman's  motion 


touching  its  reference,  and  there- 
fore the  demand  for  the  question 
of  consideration  was  in'  order ;  and 
he  proceeded  to  refer  to  the  rules, 
and  explain  his  construction  of 
them,  to  show  the  propriety  of  his 
decision. 

Mr  Bell  asked,  if  the  House 
decided  in  favor  of  '  considera- 
tion,' what  time  would  the  discus- 
sion be  in  order — could  it  be 
continued  from  day  to  day,  or 
would  it  be  limited  ? 

The  Speaker  replied,  it  could 
only  be  continued  to-day,  and  the 
next  days  on  which  the  presenta- 
tion of  petitions  would  be  in  order, 
(namely,  on  Monday  alone.) 

Mr  Everett  again  rose,  and  said 
he  felt  himself  under  the  necessi- 
ty of  appealing  from  the  decision 
of  the  Chair,  on  the  correctness 
of  entertaining  the  demand  for 
the  question  of  consideration  ;  and 
he  proceeded  in  support  of  his 
appeal  at  some  lene;th — arguing 
that  this  was  no  motion,  or  pro- 
position offered  to  the  House,  but 
simply  a  petition  from  a  portion 
of  his  constituents,  which  they  in 
the  exercise  of  their  constitutional 
right,  had  presented  to  the  House 
through  him,  their  representative. 
He  had  laid  it  on  the  table,  under 
the  rule  ;  it  came  up  to-day,  as  a 
matter  of  course  ;  its  considera- 
tion required  no  motion,  and  he 
had  made  none  ;  the  matter  be- 
fore the  House  was  the  petition 
itself,  and  to  that  he  had  a  light 
to  speak ;  it  was  a  constitutional 
right,  to  which  the  rule  of  con- 
sideration could  not  apply,  and 
could  not  cut  off. 

Mr  Tucker,  in  a  few  remarks, 
defended  his  call  for  the  question 
of  '  consideration,'  and  his  motive 


36 


ANNUAL  REGISTER,  1630—31. 


for  making  it.  His  object  was, 
to  save  the  time  of  the  House 
from  being  wasted  in  an  useless 
debate. 

The  Speaker  then  rose,  and 
after  stating  the  case,  read  the 
rules  in  point,  which  he  explained 
at  some  length,  to  show  the  cor- 
i*ectness  of  his  decision  in  enter- 
taining the  demand  for  '  conside- 
ration.' He  referred  particularly 
to  the  fifth  rule,  which  is  as  fol- 
lows :  '  When  any  motion  or  pro- 
position is  made,  the  question 
"  Will  the  House  now  consider 
it  ?  "  shall  not  be  put,  unless  it  is 
demanded  by  some  member,  or 
is  deemed  necessary  by  the 
Speaker.'  During  the  whole  time 
which  he  had  presided  in  the 
Chair,  he  had  never  exercised 
the  privilege  of  requiring  the 
question  of  consideration  5  it  was 
now  required  by  another  member, 
and  he  had  no  right  to  refuse  it, 
it  being  in  order  under  the  rule. 

Mr  Wayne  asked  if  he  was  to 
understand  that  the  motion  of  the 
gentleman  from  South  Carolina 
(Mr  Tucker)  was  in  order,  before 
the  gendeman  from  Massachu- 
setts (Mr  Everett)  had  submitted 
any  proposition. 

The  Speaker  replied,  that  he 
considered  there  was,  virtually, 
a  motion  before  the  House,  on 
taking  up  the  petition  for  disposal. 

Mr  Wayne  thought  that  did  not 
follow  of  course.  The  gentleman 
from  Massachusetts  had  not  sub- 
mitted any  proposition  relative  to 
the  petition ;  and  until  he  did 
that,  the  House  could  not  know 
what  his  motion  would  be,  or  de- 
cide whether  they  w^ould  consider 
it  The  House  would  be  voting 
ill  the  dark.     He  maintained  that 


the  Speaker  would  be  right,  had 
the  gentleman  made  any  motion 
for  the  disposition  of  the  petition, 
but  at  present  the  demand  of 
'  consideration '  he  thought  pre- 
mature. 

Mr  Tucker  then  withdrew  his 
call  for  the  question  of  conside- 
ration. 

Mr  Everett  said,  it  was  his  in- 
tention, to  debate  the  petition, 
which  he  had  presented  to  the 
House ;  and  when  the  Speaker 
decided  that  he  could  not  do  so, 
he  denied  a  right  which  was 
sancdoned  by  the  practice  of  the 
British  Parliament,  and  was  sanc- 
tioned by  tlie  practice  of  this 
House.  During  the  last  war 
many  important  questions  were 
debated  on  the  presentation  of 
petitions. 

The  Speaker.  There  must 
sdll  be  a  motion  before  the  House 
to  authorize  debate. 

Mr  Everett.  If  I  am  entitled 
to  the  floor  [several  members 
were  attempUng  to  address  the 
Chair]  I  will  then  submit  a  mo- 
tion before  I  sit  down. 

The  Speaker.  It  is  in  the 
power  of  the  Speaker,  or  of  any 
member,  to  require  that  every 
motion  be  reduced  to  writing, 
and  the  Speaker  requires  that 
the  gentleman  send  his  motion  to 
the  Chair  in  writing. 

Mr  Everett  accordingly  sent 
to  the  Chair  the  following  motion : 

That  the  said  memorial  be  re- 
ferred to  the  Committee  on  In- 
dian Affairs,  with  instructions  to 
report  a  bill  making  further  pro- 
visions for  executing  the  laws  of 
the  United  States  on  the  subject  of 
intercourse  with  the  Indian  tribes  ; 
and  also,  for  the  faithful  obser- 


INDIAN  AFFAIRS. 


37 


vance  of  the  treaties  between  the 
United  States  and  the  said  tribes. 

The  motion  having  been  read — 

Mr  WicklifFe  demanded,  that 
the  question  be  put  on  the  '  con- 
sideration '  of  the  motion.  He 
had  no  idea  of  commencing  anoth- 
er Indian  war  at  this  period  of 
the  session. 

Mr  Condict  called  for  the  yeas 
and  nays,  and  they  were  ordered. 

The  question  was  then  put — 
*  Will  the  House,  now  consider 
the  motion?'  and  was  decided 
in  the  affirmative.  Ayes  101, 
Noes  93. 

The  house  having  determined 
to  consider  the  subject,  Mr  Eve- 
rett rose,  and  in  a  powerful  and 
eloquent  speech,  replete  with  pa- 
thos and  feeling,  condemned  the 
course  of  the  government  towards 
the  Indians,  and  contended  that 
good  faith  and  humanity  alike  re- 
quired the  administration  to  re- 
trace its  steps  and  to  interpose  the 
national  force  to  execute  the  trea- 
ties made  with  the  aboriginal  tribes. 

Before  he  had  concluded,  a 
motion  was  made  to  adjourn,  and 
the  subject  went  over  to  the  21st, 
being  the  subsequent  Monday, 
the  day  devoted  to  the  considera- 
tion of  petitions. 

His  remarks  were  concluded 
on  that  day,  and  he  was  answered 
by  Mr  Haynes,  and  Mr  Bell,  who 
occupied  the  rest  of  the  day. 

The  following  Monday  being 
"near  the  close  of  the  session,  a 
motion  was  made  to  lay  the  me- 
morial on  the  table,  which  was 
carried,  and  the  action  of  Con- 
gress was  thus  prevented  at  that 
session,  directly,  upon  this  ques- 
tion, by  the  numerical  majority  of 
the  administration  party. 
4* 


An  effort  was  also  made  to 
compel  the  executive  to  pay  the 
Indian  annuities  as  they  had  been 
paid  under  former  administrations. 
On  the  28th  February,  the 
bill  making  appropriations  for  the 
Indian  department,  being  under 
discussion  in  the  house,  Mr  Bates 
moved  to  amend  the  bill  by  add- 
ing a  section,  requiring  the  annu- 
ities to  the  Indians  to  be  paid  in 
the  manner  in  which  they  had 
heretofore  been  paid. 

Mr  Bates  explained  the  man- 
ner in  which  the  annuities  had 
been  paid,  from  the  foundation  of 
the  government,  until  this  policy 
was  reversed  by  an  order  issued 
from  the  Department  of  War,  in 
June  last,  which  prescribed,  that 
these  annuities  shall  be  hereafter 
paid  to  the  individuals,  composing 
the  nation,  each  according  to  his 
proportion.  There  ought,  he  said, 
to  be  sufficient  reason  given   to 
satisfy  the  house  of  the  propriety 
of  this  change.      He  wished  to 
know  at  what  age  individuals  were 
to  be  regarded  as  entitled,  wheth- 
er the  annuities  were  to  be  varied 
by  rank,  or  number   of  family. 
How  are  the  annuities  to  be  paid  ? 
Is  the  agent  to  go  in  quest  of  the 
individuals,  or  are  the  latter  to 
come  to  the  agency  ?     The  indi- 
vidual share  would  be  about  forty 
cents,     'i'he  total  amount  of  an- 
nuities  is   above    two    hundred 
thousand  dollars  ;  and  the  whole, 
under  the  new  arrangement,  must 
be  paid  in  specie.     How  is  it  to 
be   transported?     If  the  16,000 
Cherokees  come  up  to  the  agency 
for   their   money  they    must  be 
maintained  while   there.     Some 
will  have  to  come  200  miles,  and 
the   expense   would  more   than 


38 


ANNUAL  REGISTER,  1830—31. 


consume  the  fortytwo  cents  due 
to  each.  The  great  mass  of  In- 
dians have  but  one  name  each, 
the  Fox,  the  Raccoon,  &£c.  There 
are  hundreds  of  the  same  name. 
Suppose  3  or  400  Raccoons 
come,  how  is  the  receipt  to  be 
given.  Before  half  of  the  Rac- 
coons are  gone  tlirough,  those 
already  paid,  may  put  on  a  new 
coat  of  paint  and  come  again. 
It  will,  therefore,  be  found  impos- 
sible to  execute  this  order. 

He  stated  that  a  greater  door  for 
fraud  could  not  be  opened  than 
by  the  adoption  of  this  order.  He 
denied  -the  right  of  the  Govern- 
ment to  issue  this  order.  These 
annuities  are  not  gratuities,  do- 
nations or  gifts — but  debts  due, 
not  to  individuals  of  a  nation  or 
tribe,  but  the  nations  or  tribes 
tliemselves.  It  has  been  the 
pi^actice  to  pay  the  Cherokee  an- 
nuities into  their  treasury,  and 
he  wished  to  know  by  what 
right  these  debts  are  to  be  paid 
to  individuals.  The  Executive 
might  as  reasonably  refuse  to  pay 
the  Massachusetts  claim  to  the 
State,  and  determine  to  pay  it  to 
the  individual  citizens;  and  there 
would  doubtless  be  found  citizens 
who  would  prefer  this  mode. 

He  would  not  state  the  object 
of  the  change,  but  he  took  a  view 
-of  the  effect  of  it ;  which  would  be 
to  deprive  the  Cherokee  Nation 
of  the  means  of  trying  the  force 
of  the  treaties  which  have  been 
made  witli  them  by  the  United 
States,  J3e fore  the  Supreme  Court 
of  the  United  States.  Georgia 
desires  that  her  courts  shall  de- 
cjide  the  Constitutionality  of  these 
treaties,  and  by  those  who  have 
in   tbeir   pockets   the  tickets  in 


the  lottery  by  which  the  Chero- 
kee possessions  are  to  be  parcel- 
led out  among  their  spoilers ;  but 
the  Cherokees  desire  that  the 
Supreme  Court  of  the  United 
States  shall  decide  the  ques- 
tion ;  and  to  obtain  this  deci- 
sion, they  must  employ  and  pay 
Counsel.  An  order  on  the  War 
Department    by    the    Cherokee 

ation  has  been  disregarded^ 
and  they  are  thus  deprived  of  the 
means  of  paying  their  CounseL 
The  Creek  delegates  here,  on 
giving  assurance  that  they  are  not 
in  any  way  connected  with  the 
Cherokees,  have  had  their  order 
on  the  Government  for  their  ex- 
penses paid,  while  the  Cherokee 
Delegates  have  not  been  able  to 
obtain  a  dollar. 

Mr  Bates  then  read  an  extract 
of  a  letter  from  Mr  Jefferson,  in 
answer  to  complaints  from  some 
of  the  Cherokees  that  the  annu- 
ities were  partially  distributed,  in 
which  !ie  states  that  the  distribu- 
tion was  made  according  to  the 
rule  prescribed  by  the  Cherokee 
Nation,  and  that  the  United 
States  Government  had  no  con- 
trol over  the  distribution.  He 
also  read  a  letter  from  the  Chero- 
kee agent,  Col.  Montgomery, 
stating  that  no  complaint  on  the 
subject  of  the  annuities  had  been 
made  to  the  United  States  Gov- 
ernment through  him. 

Mr  Buchanan  moved  the  pre- 
vious question,  which  was  second- 
ed. Ayes  87,  Noes  64. 

The  previous  question  having 
been  ordered,  all  contemplated 
amendments  were  shut  out,  and 
the  effort  to  provide  a  remedy  for 
the  abuses  in  distributing  the  In- 
dian annuities,  was  thus  defeated. 


CHAPTER    III 


FOREIGN    RELATIONS 


Claims  on  France. —  Conduct  of  France. — Measures  of  Adminis- 
tration.—  Objections  to  Claims. — Louisiana  Treaty. — Beau- 
marchais. — Treaty  with  France. — Intercourse  with  British  West 
Indies. — JVortheast  Boundary. —  Origin  of  Controversy. — 
Treaty  of  1783.-0/  1794.-0/  1814.-0/  \S21.— Umpire 
appointed. — Award. — Protest  on  the  part  of  the  United  States. 


Upon  the  accession  of  General 
Jackson  to  the  Presidency,  he 
declared  as  a  maxim  that  would 
guide  him,  in  the  administration 
of  the  foreign  relations  of  the 
United  States,  *that  he  would 
demand  nothing  that  was  not 
right,  and  submit  to  nothing  that 
was  wrong.' 

Among  the  causes  of  complaint 
against  other  governments,  the 
manner  in  which  the  claims  of 
American  citizens  upon  France, 
for  spoliations  during  the  reign  of 
Napoleon  had  been  received,  was 
the  most  prominent.  An  account 
of  the  origin  of  those  claims,  and 
of  the  efforts  of  the  American 
Government  to  procure  satisfac- 
tion, was  given  in  the  last  volume 
of  this  Register.  Those  efforts 
had  proved  abortive  under  former 
administrations,  through  various 
causes ;  but  chiefly  from  an  un- 
willingness on  the  part  of  the 
French  Government  to  recognise 
any  claitns  in  favor  of  a  govern- 
ment, whose  liberal  institutions 
were  regarded  as  a  standing  con- 
demnation of  its  own  principles 


and  policy  ;  and  partly  from  a 
conviction,  that  no  decisive  and 
energetic  measures  would  be  tak- 
en to  enforce  the  claims,  in  the 
event  of  its  refusal  to  adjust  them. 

The  course  taken  by  the 
French  Government  in  relation 
to  the  American  claims,  had  pro- 
duced a  strong  impression  of  its 
unfriendly  sentiments  towards  this 
country  ;  and  the  feelings  of  the 
American  people  began  to  mani- 
fest themselves  at  public  meet- 
ings, where  resolutions  were  pass- 
ed, calling  upon  Congress  to 
adopt  stronger  measures  with  the 
view  of  enfoicing  the  claims,  in 
case  France  persisted  in  a  denial 
of  justice.  These  resolutions, 
with  addresses  on  the  part  of  the 
claimants,  having  been  transmit- 
ted to  the  President,  the  Secre- 
tary of  State  in  reply,  assured 
the  claimants  that  their  claims 
should  be  made  the  subject  of 
special  instructions  to  the  new 
minister  about  to  be  sent  to  that 
government. 

The  character  of  the  instruc- 
tions may  be  gathered  from  the 


40 


ANNUAL  REGISTER,  1830—31. 


allusion  made  to  the  subject  in  the 
annual  message  of  the  President, 
at  the  opening  of  the  twentyfirst 
Congress. 

After  alluding  to  the  beneficial 
€fFects  of  the  commercial  conven- 
tion with  that  country,  the  mes- 
sage proceeds  in  the  following 
emphatic  manner  : 

'  The  claims  of  our  citizens  for 
depredations  upon  their  property, 
long  since  committed  under  the 
authority  and  in  many  instances, 
by  the  express  direction  of  the 
then  existing  government  of 
France,  remain  unsatisfied,  and 
must  therefore  continue  to  furnish 
a  subject  of  unpleasant  discussion 
and  possible  collision,  between 
the  two  governments.  I  cherish 
a  lively  hope,  founded  as  well  on 
the  validity  of  those  claims  and 
the  established  policy  of  all  en- 
lightened governments,  as  on  the 
known  integrity  of  the  French 
monarch,  that  the  injurious  de- 
lays of  the  past,  will  find  redress 
in  the  equity  of  the  future.  Our 
minister  has  been  instructed  to 
press  those  demands  on  the 
French  Government,  with  all  the 
earnestness  which  is  called  for  by 
their  im{k)rtance  and  irrefutable 
justice,  and  in  a  spirit  that  will 
evince  the  respect,  which  is  due 
to  the  feelings  of  those  from  whom 
the  satisfaction  is  required.' 

This  plain  dealing  made  no 
small  impression  upon  the  French 
Government.  It  began  at  length 
to  believe,  that  the  United  States 
were  in  earnest  in  pressing  these 
claims  upon  its  attention,  and  a 
negotiation  was  finally  commenced 
in  reference  to  their  liquidation. 

The  objections  to  the  admis- 
sions  of   the   American    claims 


were  so  indefensible,  that  the 
French  ministers  were  obliged  to 
bring  other  topics  into  the  nego- 
tiation, in  order  to  obtain  some 
abatement  in  their  amount.  The 
first  topic  urged,  was  a  claim  for 
damages  under  the  Louisiana 
treaty.  By  that  treaty,  French 
vessels  were  entitled  to  admission 
into  the  ports  of  the  ceded  terri- 
tory, upon  the  same  terms  as  the 
vessels  of  the  most  favoured  na- 
tion. After  that  treaty  was  form- 
ed, the  United  States  entered  in- 
to arrangements  with  other  coun- 
tries, by  which  all  discriminating 
tonnage  duties  were  abolished, 
and  the  vessels  of  both  countries 
were  placed  in  their  respective 
ports,  upon  the  same  footing  as 
their  own  vessels. 

This  privilege  France  claimed 
for  her  vessels,  but  the  United 
States  contended,  that  as  it  was  a 
privilege  granted  for  an  equiva- 
lent, France  was  not  entitled  to 
claim  it  for  her  vessels,  without 
allowing  the  same  equivalent ;  and 
that  when  she  would  consent  to 
place  American  vessels  in  French 
ports,  upon  the  same  footing  as 
her  own  vessels,  her  vessels  should 
be  admitted  into  the  ports  of  the 
United  States,  upon  the  same 
terms  as  American  vessels. 

A  claim  was  also  urged  in  be- 
half of  the  heirs  of  Caron  de 
Beaumarchais,  for  1,000,000  of 
livres,  for  supplies  furnished  to 
the  United  States,  during  the 
revolutionary  war.  Beaumar- 
chais was  then  employed  as  a 
medium,  through  which  arms  and 
military  stores  were  furnished  to 
the  American  Government,  as  a 
loan  from  the  French  Government, 
which,  however,  did  not  choose 


FOREIGN  RELATIONS. 


41 


at  first,  openly  to  espouse  the  cause 
of  the  colonies.  The  accounts  of 
Beaumarchais,  were  definitively 
settled  at  the  Treasury  of  the 
United  States,  in  1805,  and  a 
balance  was  found  in  favor  of  his 
heirs  to  the  amount  of  2,700,000 
livres,  or  about  $500,000. 

In  the  setdement  of  these  ac- 
counts, however,  the  officers  of 
the  Treasury  deducted  from  what' 
was  due  to  him,  the  sum  of 
1,000,000  livres,  with  interest 
from  June  10th,  1776. 

That  sum  had  been  paid  to 
Beaumarchais,  by  order  of  Louis 
XVI,  for  the  service  of  the  Unit- 
ed States,  and  doubtless  was  at 
first  intended  as  a  gift.  For  that 
million  lie  never  accounted  to  the 
United  States,  and  it  was  not  un- 
til 1783,  that  the  American  Con- 
gress or  the  American  minister, 
at  Paris,  became  acquainted, 
through  M.  de  Vergennes,  with 
the  fact  that  such  payment  had 
been  made  as  a  gift  to  the  United 
States,  to  some  person,  in  addi- 
tion to  2,000,000  of  livres,  cred- 
ited on  the  books  of  the  Ameri- 
c«n  bankers  at  Paris.  The  name 
of  that  person  was  not  given,  but 
in  1794,  it  was  ascertained 
through  Governor  Morris,  from 
the  French  Government,  that  it 
was  paid  to  Caron  de  Beaumar- 
chais. As  it  had  not  been  ac- 
counted for,  that  amount  was  de- 
ducted from  his  claim  for  supplies 
furnished  to   the  United  States. 

This  deduction  he  resisted, 
and  contended  that  he  was  ac- 
countable for  the  expenditure  of 
that  sum,  only  to  his  own  Gov- 
ernment, and  the  French  minister 
certified  that  it  had  been  duly  ac- 
counted for,  and  that  no  part  of  it 


was  expended  for  supplies  to  the 
United  States.  The  inference 
therefore,  was,  that  it  was  ex- 
pended for  some  secret  political 
service,  the  object  of  which,  was 
confined  to  the  knowledge  of 
Beaumarchais  and  of  the  French 
Government. 

As  it  was  a  gift,  it  did  not  be- 
come the  American  Government 
to  inquire  into  its  disposition. 

It  was  given  to  an  agent,  not  of 
the  United  States,  but  of  the 
French  Governn>ent,  to  use  for 
their  benefit  at  his  discretion,  and 
the  donor  alone  was  entitled  to 
call  him  to  an  account  for  the 
manner  in  which  it  was  expend- 
ed. His  claims  for  supplies  were 
indisputable,  and  this  million  of 
livres  could  not,  with  propriety,  be 
made  an  offset  against  those  de- 
mands, inasmuch  as  it  became 
their  property  only  according  to 
the  conditions  upon  which  it  was 
given,  viz.  to  be  applied  und^r 
the  direction  of  BeaumarchaiV^ 
Still,  however,  Congress  refused 
to  adjust  the  claim,  and  although 
the  French  Government  did  not 
set  up  that  refusal  as  a  reason 
why  the  claims  of  the  United 
States  for  spoliations  should  not 
be  allowed,  it  was  strongly  sus- 
pected, that  the  refusal  of  the 
American  Government  to  admit 
that  claim,  was  one  of  the  obsta- 
cles to  an  admission  of  the  Ameri- 
can claims. 

These  topics,  however,  were 
now  brought  under  discussion, 
and  in  the  midst  of  the  negotia- 
tion, the  obstacles  to  the  admis- 
sion of  the  American  claims, 
growing  out  of  the  hostility  of  the 
ultra  Bourbonists  to  republican 
institutions,    were    suddenly    re- 


42 


ANNUAL  REGISTER,  1830—31. 


moved  by  a  revolution  in  the 
French  Government  itself;  and 
the  expulsion  of  the  Bourbons, 
and  the  accession  of  the  liberal 
party  to  power,  rendered  France 
equally  desirous  with  the  United 
States,  to  adjust  the  only  topic  of 
unpleasant  discussion  between  the 
two  powers.  The  setdement  of 
these  claims  was  now  rendered 
comparatively  easy,  and  the  ne- 
gotiation proceeded  rapidly  to  a 
favourable  termination.  A  treaty 
finally  adjusting  these  subjects  of 
dispute,  was  signed  by  Mr  Rives 
and  Sebastiani,  at  Paris,  on  the 
4th  of  July,  183 J,  and  the  ratifi- 
cations in  due  time  were  ex- 
changed between  the  two  gov- 
ernments. 

By  this  treaty,  the  French 
Government  agreed  to  pay  to  the 
United  States,  in  complete  satis- 
faction of  all  claims  of  the  citizens 
of  the  United  States,  for  '  seiz- 
ures, captures,  sequestrations,  or 
destructions  of  their  vessels,  car- 
goes, or  other  property,  25,000,- 
000  francs,  in  six  equal  annual 
instalments.  The  Government 
of  the  United  States,  on  their 
part,  agreed  to  pay  1,500,000 
francs  to  the  Government  of 
France,  in  satisfaction  of  all 
claims  in  behalf  of  France,  its 
citizens,  or  the  royal  Treasury, 
either  for  ancient  supplies  or  ac- 
counts, or  for  unlawful  seizures, 
captures,  detentions,  arrests,  or 
destruction  of  French  vessels, 
cargoes,  or  other  property,  in  six 
annual  instalments,  to  be  reserved 
out  of  the  instalments  payable  to 
the  United  States.  Interest  at  the 
rate  of  4  per  cent,  is  to  be  allowed 
on  the  above  sums  from  the  ex- 
change of  the  ratifications. 


These  sums  are  to  be  divided 
among  the  claimants  by  their  re- 
spective Governments,  and  all 
claims  of  a  character  different 
from  those  provided  for  in  this 
treaty,  are  reserved  to  be  prose- 
cuted at  the  discretion  of  the 
claimants,  before  the  ordinary  tri- 
bunals of  the  several  countries, 
where  justice  is  to  be  administer- 
ed as  towards  native  citizens.  A 
provision  was  made  for  a  mutual 
exchange  of  all  documentary  evi- 
dence, necessary  and  proper  to 
facilitate  the  examination  and 
liquidation  of  the  claims. 

An  additional  article  was  in- 
serted, by  which  the  United  States 
engaged  to  reduce  the  duties  on 
French  wines  for  ten  years,  to 
six  cents  per  gallon  on  red  wine, 
and  ten  cents  for  white  wine  in 
casks,  and  twentytwo  cents  for 
all  wines  when  in  bottles. 

In  case  of  a  reduction  on  the 
existing  duties  on  other  wines,  a 
similar  reduction  is  to  be  made 
on  French  wines,  so  as  to  afford 
to  them  the  advantage  contem- 
plated by  the  treaty.  In  consid- 
eration of  this  stipulation,  France 
abandons  all  claims  for  indemnity 
under  the  Louisiana  treaty,  and 
also  agrees  to  reduce  the  duties 
on  the  long  staple  cotton  of  the 
United  States,  imported  in  Amer- 
ican or  French  vessels,  to  the 
same  rate  as  on  short  staple  cot- 
ton.* The  sum  thus  stipulated 
to  be  paid  by  France,  did  not 
amount  to  more  than  one-third  of 
the  just  claims  of  the  citizens  of 
the  United  States,  but  their  liqui- 
dation, even  upon  terms  compara- 
tively unfavorable,  was  so  desira- 

*  For  treaties,  vide  second  part,  page 


FOREIGN  RELATIONS. 


43 


ble,  that  the  conclusion  of  this 
treaty  was  hailed  with  universal 
satisfaction  by  all  parties.  Some 
exceptions  were  taken  to  that  ar- 
ticle of  the  treaty  by  which  a  re- 
duction of  the  duties  on  wines 
was  stipulated,  and  doubts  were 
expressed  as  to  the  constitutional 
power  of  the  President  and  Sen- 
ate to  modify  the  revenue  or  tariff 
regulations  by  a  treaty.  It  was 
urged,  that  it  would  render  in- 
operative that  part  of  the  Consti- 
tution by  which  the  House  of 
Representatives  is  invested  with 
the  sole  power  of  originating  rev- 
enue bills.  A  stipulation  to  lay  a 
lower  duty,  and  one  to  impose  a 
higher  duty,  are  similar  in  char- 
acter, and  if  the  principle  be 
sanctioned,  the  House  might  be 
divested  of  its  constitutional  pow- 
ers, and  the  domestic  policy  of 
the  Government  controlled  by  a 
combination  of  two-thirds  of  the 
smaller  States  with  the  Executive, 
without  any  check  from  the  repre- 
sentation of  the  numerical  major- 
•  ity  of  the  country. 

These'  objections,  however, 
were  not  deemed  tenable  by  the 
Government,  and  the  treaty,  after 
deliberate  consideration,  was  sanc- 
tioned by  the  Senate,  and  the  on- 
ly remaining  difficulties  between 
the  United  States  and  their  earli- 
est ally,  were  thus  happily  ad- 
justed. 

The  same  good  fortune  did  not 
attend  the  efforts  of  the  adminis- 
tration to  arrange  the  disputes, 
pending  between  the  United  States 
and  Great  Britain.  An  agree- 
ment was  indeed  made  respecting 
the  intercourse  between  the  Unit- 
ed States  and  the  British  West 


Indies,  but  an  unwise  eagerness 
to  succeed,  where  the  preceding 
administration  had  failed,  induced 
the  advisers  of  the  President  to 
abandon  the  vantage  ground, 
which  the  vigorous  measures  of 
his  predecessor  had  secured  to 
the  country,  and  to  hastily  accept 
such  terms  as  the  British  Govern- 
ment was  willing  to  grant.  The 
result  was,  that  the  arrangement 
was  made  solely  with  reference 
to  the  interests  of  the  navigation 
and  colonies  of  England,  and 
while  that  Government,  with  pro- 
per sagacity,  reserved  the  right 
to  impose  discriminating  duties, 
with  the  view  of  encouraging  im- 
portations through  the  Northern 
colonies,  the  President,  in  the 
exercise  of  a  power  most  indis- 
creetly conferred  by  Congress, 
repealed  the  laws,  which  were 
imposed  to  counteract  these  par- 
tial and  offensive  commercial  reg- 
ulations of  England. 

The  navigation  of  the  United 
States  was  thus  exposed,  without 
protection,  to  a  competition  with 
British  vessels,  which  were  fa- 
vored by  heavy  discriminating 
duties  imposed  for  the  purpose  of 
securing  the  whole  trade  to  Brit- 
ish navigation.  A  schedule  of 
duties  was  introduced  into  Par- 
liament shortly  after  the  West 
India  ports  were  opened  to  Amer- 
ican vessels,  and  a  law  was  finally 
passed,  by  which  were  imposed 
the  duties  enumerated  in  the  fol- 
lowing schedule. 


Articles. 

Wheat  Flour  barrel 

imported  into  Canada 
imported  into  the  West  Indies 

from  the  warehouse  of  the 

Northern  Colonies 


£  s.d. 

0    5  0 

free 


free 


44 


ANNUAL  REGISTER,  1830—31. 


Bread  or  Biscuit  cwt.     free 

Meal  or  flour,  not  of  wheat,tarrcZ     free 
Wheat  bushel     free 

Peas,  beans,  rye,  calavances,  oats, 

barley,  or  Indian  corn,  bushel     free 
Rice  100  lbs.  weight     free 

Shingles,  not  more  than  twelve  £  s.  d. 
inches  in  length     per  1,000  0    7  0 
imported  into  the  Northern 

Colonies  free 

imported  into  the  West  Indies 

from  the  Northern  Colonies     free 
more  than  12  inches  ^jcr  1,000  0  14  0 
imported    into   the    Northern 

Colonies  free 

imported  into  the  West  Indies 
from  the  Northern  Colonies     free 

Staves  of  red  oak  fer  1 ,000  

until  1  January,  1834  1     6  3 

from   1   January,   1834,  to  1 

January,  1836  12  3 

from  and  after  1  January,  1836  0  15  0 
imported    into   the   Northern 

Colonies  free 

imported  into  the  West  Indies 

from  the  Northern  Colonies     free 

Staves  of  white  oak      per  1,000  

until  1  January,  1834  0  11  3 

from   1    January.  1834,  to  1 

January,  1836  '  0    7  3 

from  and  after  1  January,  1836  

imported    into   the    Northern 

Colonies  free 

imported  into  the  West  Indies 
from  the  Northern  Colonies     free 
Pitch  pine  lumber         l,000/ee<  110 
imported   into   the    Northern 

Colonies  free 

imported  into  the  West  Indies 

from  the  Northern  Colonies     free 
White  and  yellow  pine  lumber, 

of  1  inch  1,000 /ce«  

until  1  January,  1834  0    7  0 

from    1  January,   1834,   to   1 

January,  1836  0    5  0 

from  and  after  1  January,  1836  

imported   into  the    Northern 

Colonies  free 

imported  into  the  West  Indies 
/rom  the  Northern  Colonies     free 
Other  wood  or  lumber  1,000 /ecf  I    8  0 
imported    into   the    Northern 

Colonies  free 

from  thence  into  the  West 

Indies  free 

Wood  hoops  per  1,000  0    5  3 

imported   into   the    Northern 

Colonies  free 

from  thence  into  the  West  | 
Indies  |    free 

Livestock,     every  £iQQ  of  value]    free 
Beef  and  pork  per  cwt.  10  12  0 

imported  into  the  West  Indies  I 

from  the  Northern  Colonies     free 
imported   into   the    Northern 
Colonies  I   free 


This  competition  was  upon  too 
unfavorable  a  footing  to  continue, 
and  the  American  shipping  were 
soon  almost  totally  excluded  from 
a  trade,  which  this  very  arrange- 
ment was  intended  to  secure.  A 
more  discreditable  negotiation, 
both  in  the  manner  of  conducting 
it  and  in  its  results,  cannot  be 
found  in  the  annals  of  the  coun- 
try; and  although  a  temporary 
feeling  of  gratification  was  pro- 
duced, upon  its  being  announced 
that  the  intercourse  was  opened, 
the  publication  of  the  instructions 
and  the  correspondence,  caused  a 
conviction,  that  commercial  ad- 
vantages may  be  purchased  at  too 
high  a  price,  and  a  short  experi- 
ence under  the  new  arrangement 
proved,  that  American  navigation 
need  not  expect  favor  from  Brit- 
ish legislation,  and  that  an  indirect 
intercourse  through  the  Danish 
islands  was  more  advantageous 
for  the  United  States  than  a  direct 
trade,  regulated  according  to  the 
notions  of  the  British  Govern- 
ment of  a  fair  reciprocity. 

The  next  most  prominent  topic 
of  discussion  with  Great  Britain, 
was,  respecting  the  boundary  be- 
tween the  State  of  Maine  and  the 
province  of  New  Brunswick. 
This  dispute  arose  out  of  the  dif- 
ferent constructions  put  upon  the 
second  article  of  the  treaty  of 
1783  by  the  Governments  of  the 
United  States  and  of  England. 
By  that  treaty,  the  north  bound- 
ary of  the  United  States  is  de- 
scribed in  the  following  manner  : 
*  From  the  northwest  angle  of 
Nova  Scotia,  viz.  that  angle  which 
is  formed  by  a  line  drawn  due 
north  from  the  source  of  St  Croix 
river,  to  the  highlands,  along  the 


NORTHEASTERN  BOUNDARY. 


45 


said  highlands  which  divide  those 
rivers  that  empty  themselves  into 
the  river  St  Lawrence  from 
those  which  fall  into  the  AUantic 
Ocean  ; '  and  the  east  boundary  is 
afterwards  described  as  follows  : 
'  East  by  a  line  to  be  drawn  along 
the  middle  of  the  river  St  Croix 
from  its  mouth  in  the  Bay  of 
Fundy  to  its  source,  and  from  its 
source  directly  north  to  the  afore- 
said highlands  which  divide  the 
rivers  that  fall  into  the  Atiantic 
Ocean  from  those  which  fall  into 
the  river  St  Lawrence.'  By  this 
treaty,  therefore,  it  was  obvious, 
that  the  east  boundary  of  the 
United  States  was  to  run  due 
north  from  the  source  of  the  St 
Croix  to  the  northwest  corner  of 
Nova  Scotia;  and  at  that  spot 
the  northern  boundary  of  the 
United  States  was  to  commence, 
to  run  west  along  the  line  of 
mountains  described  in  the  treaty. 
The  two  questions,  therefore,  to 
be  determined,  were,  first,  the 
northwest  corner  of  Nova  Scotia, 
and  secondly,  the  highlands  de- 
scribed in  the  treaty.  As  the  two 
provinces  of  Nova  Scotia  and 
Lower  Canada  were  adjacent  ter- 
ritories, the  angle  referred  to  was 
necessarily  to  be  found  some- 
where on  the  south  boundary  line 
of  Canada  ;  and  as  that  province 
was  admitted  to  extend  but  a  few- 
miles  south  of  the  St  Lawrence, 
it  was  too  clear  to  admit  of  doubt, 
that  the  angle  referred  to  in  the 
treaty  was  lo  be  found  near  that 
river.  As  litde  doubt  could  be 
fairly  entertained  concerning  the 
highlands  described  in  the  treaty. 
Previous  to  the  peace  of  1763, 
Great  Britain  claimed  to  the  St 
Lawrence,  as  the  north  boundary 
5 


of  her  colonies ;  and  the  dividing 
line  between  Canada  and  those 
colonies  is  so  laid  down  in  Jef- 
fery's  map  prefixed  to  the  memo- 
rials of  the  English  and  French 
commissioners,  in  1755,  and  in 
Mitchell's  map,  published  in  the 
same  year.  By  the  treaty  of 
1763,  Canada  was  ceded  to  Eng- 
land, and  it  being  represented  that 
it  would  be  convenient  to  annex 
to  Canada  a  strip  of  land  border- 
ing on  the  St  Lawrence,  by  the 
consent  of  the  agents  of  Massa- 
chusetts, which  was  commanicat- 
ed  to  the  General  Court,  that  nar- 
row tract  of  land  lying  beyond  the 
sources  of  the  Atlantic  rivers  and 
watered  by  those  running  into  the 
St  Lawrence,  was  annexed  to 
that  province,  in  order  to  preserve 
the  continuity  of  fiie  government 
of  Quebec. 

The  highlands,  as  described  in 
the  treaty,  were  then,  by  the  royal 
proclamation  of  1763,  declared  to 
be  the  southern  boundary  of  Que- 
bec. Those  highlands  were  to 
divide  the  rivers  falling  into  the 
St  Lawrence  from,  those  falling 
into  the  Atlantic,  and  the  inten- 
tion of  die  parties  to  the  treaty  of 
1783,  as  to  what  highlands  were 
intended,  was  to  be  gathered  first 
from  the  treaty  itself,  and  second- 
ly, where  any  obscurity  or  ambi- 
guity existed  in  the  expression, 
from  the  maps  and  geographical 
and  historical  documents,  in  use 
at  the  time  it  was  negotiated, 
showing  the  general  understand- 
ing of  the  import  of  those  terms. 

In  all  the  papers  of  that  na- 
ture, prior  to  1783,  a  chain  of 
mountains  are  described,  running 
from  the  north  east  to  the  south 
west,  between  thirty   and  forty 


4^ 


ANNUAL  REGISTER,  1830—31. 


miles  distant  from  the  St  Law- 
rence. 

In  the  two  maps  published  by 
order  of  the  British  government 
in  1755,  at  the  commencement 
of  the  seven  years,  these  high- 
lands are  thus  described ;  and  in 
the  proclamation  of  1763,  a  line 
was  drawn  along  the  heads  of  the 
rivers  falling  into  the  Atlantic, 
beyond  which  no  setdements  were 
permitted  to  be  made. 

This  limitation  of  the  extent 
of  the  colonies  now  forming  the 
United  States  and  Nova  Scotia, 
extended  from  the  Ohio  towards 
lake  Ontario,  and  following  the 
southern  boundary  of  the  govern- 
ment of  Quebec,  along  the  north 
coast  of  the  bay  of  Chaleurs,  and 
the  coast  of  the  St  Lawrence  to 
Cape  Rosieres. 

In  the  Annual  Register  of  1763, 
this  southern  boundary  of  Que- 
bec is  described  as  extending 
'quite  to  the  gulf  of  St  Law- 
rence through  the  highlands  which 
separate  the  rivers  falling  into 
the  great  rivers  of  Canada  from 
those  falling  into  the  ocean  ;'  and 
in  the  same  volume  a  map  is  pub- 
lished, on  which  the  southern 
boundary  of  that  province  is  mark- 
ed out  as  passing  from  lake  Cham- 
plain  along  the  fortyfifth  degree 
of  latitude  to  the  north  of  Con- 
necticut river,  and  then  along  the 
highlands,  approaching  the  St 
Lawrence  to  the  head  of  the  bay 
of  Chaleurs. 

This  line  is  described  in  the 
commission  given  to  Governor 
Wilmot,  November,  1763,  as  the 
north  boundary  line  of  Nova 
Scotia ;  and  the  western  boundary 
of  that  province  is  described  as, 
^  a  line  drawn  due  north  from  the 


source  of  the  St  Croix  to  the 
southern  boundary  of  Quebec' 
In  the  map  at  the  end  of  the 
Annual  Register,  these  lines  are 
drawn  as  the  boundaries  of  Nova 
Scotia,  and  a  definite  location 
and  description  is  thus  given  of 
the  north  west  angle  of  Nova 
Scotia,  so  that  it  might  safely  be 
referred  to  as  a  settled  point  in 
the  description  of  the  boundary 
line  of  the  United  States. 

In  a  map  of  the  province  of 
Quebec,  published  by  Sayer  and 
Bennet,  London,  1776,  the  south 
boundary  of  that  province  is 
marked  as  running  along  the 
highlands,  from  the  head  of  the 
Connecticut,  north  of  the  source 
of  the  St  John,  to  the  head  of  the 
Ristigouche  and  down  that  river 
to  the  bay  of  Chaleurs  ;  and  on 
a  map  dated  1777,  by  the  same 
pubHshers,  of  North  America  and 
the  West  Indies,  the  west  bound- 
ary of  Nova  Scotia  is  drawn 
due  north  from  the  St  Croix, 
crossing  the  St  John,  to  the  south 
boundary  of  Quebec. 

Referring  to  the  general  un- 
derstanding, which  appeared  from 
these  documents  to  prevail  at  the 
time  of  concluding  the  treaty  of 
1783,  not  only  as  to  the  north 
west  corner  of  Nova  Scotia,  but 
also  as  to  the  highlands  in  ques- 
tion, it  could  scarcely  have  been 
expected,  that  any  difficulty  in 
in  running  the  boundary  line 
would  have  occurred. 

Some  doubts  however  existed 
as  to  which  river  was  the  St  Croix, 
referred  to  in  the  treaty;  the 
American  contending  that  the  St 
John  was  the  St  Croix  contem- 
plated, and  by  the  treaty  of  1794, 
provision  was  made   for  a  joint 


NORTHEASTERN  BOUNDARY. 


^ 


commission    to    determine    this 
question. 

This  commission  determined 
in  1798,  that  the  extreme  north- 
ern source  of  the  northern  branch 
of  the  Scoodic  river,  was  the 
source  of  the  St  Croix  designated 
in  the  treaty,  and  a  monument 
was  there  erected  as  the  point 
from  which  the  line  due  north 
should  commence. 

In  the  British  argument  under 
this  commission,  it  was  conceded, 
that  the  north  line  from  the 
source  of  the  St  Croix  would 
necessarily   cross  the    St   John. 

So  also  in  the  topographical 
description  of  Lower  Canada, 
by  Colonel  Bouchette,  Surveyor 
General  of  that  province,  the 
ridge  along  which  the  boundary 
line  between  the  United  States 
and  the  British  territories  is  sup- 
posed to  run,  is  described  as  be- 
ing the  land  height,  and  at  about 
fifty  miles  distance  from  the  St 
Lawrence. 

This  boundary  line  on  the 
side  of  Canada  was  always  prac- 
tically recognized  until  the  close 
of  the  last  war.  No  Canadian 
process  was  expected  on  the 
south  side  of  that  line,  and  seve- 
ral posts  were  placed  there  as 
designating  the  boundary  between 
the  United  States   and  Canada. 

During  the  late  war,  however, 
it  became  an  object  of  British 
ambition  to  establish  a  new  bound- 
ary line  between  the  United 
States  and  New  Brunswick, 
which  formerly  was  comprehend- 
ed within  the  province  of  Nova 
Scotia. 

All  former  treaties  having  been 
annulled  by  the  war.  Great  Brit- 
ain deemeditself  justified  in  claim- 


ing all  the  legitimate  advantages, 
it  expected  to  derive  from  the  suc- 
cess of  its  arms,  and  the  termina- 
tion of  the  war  on  the  Continent, 
left  its  government  at  liberty  to 
employ  an  overwhelming  force 
against  the  United  States. 

Certain  propositions  were  about 
that  time  set  forth  in  periodicals 
and  pamphlets,  which  were  sup- 
posed to  express  the  opinions  of 
the  government  as  proper  to  be 
insisted   upon   in    adjusting   the 
controversy   with   this    country. 
Among  them  was  one  which  aim- 
ed to  fix  the  eastern  boundary 
of  the  United  States  at  the   Pe- 
nobscot, which  was  asserted  to  be 
the  old  boundary  line  of  the  prov- 
ince of  Massachusetts,  and  at  all 
events  to  have  some  line  drawn, 
which  would  secure  a  free  com- 
munication between  Canada  and 
Nova    Scotia.     In   pointing   out 
the  advantages  of  such  a  bound- 
ary, it  is  stated  in  a  pamphlet  by 
J.    M.   Richardson,  that  '  there 
is  actually  no  readily  practicable 
communication  between   Lower 
Canada    and    New    Brunswick 
without  crossing   a  part  of  the 
American  territory.      In  pursu- 
ance of  this  policy  an  expedition 
was  fitted  out  and  possession  taken 
of  Castine,   a   peninsula   at   the 
mouth  of  the  Penobscot. 

At  Ghent  too,  among  the  oth- 
er demands  of  the  British  nego- 
tiators, was  one  for  a  general  re- 
vision of  the  boundary  hne  be- 
tween the  United  States  and 
the  British  territories,  and  on  the 
north  east  *a  variation  of  the 
line  of  frontier  by  a  cession  of 
that  portion  of  the  district  of  Maine 
in  the  State  of  Massachusetts, 
which  intervenes  between  New 


48 


ANNUAL  REGISTER,  1830—31., 


Brunswick  and  Quebec,  and  pre- 
vents their  direct  communication.' 
As  these  demands  were  prompt- 
ly rejected  by  the  American  en- 
voys, a  proposal  was  made  of  the 
uti  possidetis ;  and  it  is  worthy  of 
observation,  that  this  proposition 
was  made  immediately  after  ac- 
counts had  been  received,  that 
a  British  force  had  taken  posses- 
sion of  Castine  and  the  adjacent 
country. 

This  principle,  therefore,  being 
admitted,  the  project  of  the  Brit- 
ish government  to  secure  the  di- 
rect route  between  Canada  and 
Nova  Scotia  would  be  realised. 
This  proposition  met  with  no  bet- 
ter reception  than  the  demand 
of  a  variation  of  the  north  east 
boundary. 

The  American  Commissioners 
replied,  that  *  they  perceived  un- 
der the  alleged  purpose  of  open- 
ing a  direct  communication  be- 
tween two  of  the  British  provin- 
ces in  America,  that  a  cession  of 
territory,  forming  a  part  of  one 
of  the  States  of  the  American 
Union,  was  required.'  *  They 
had  no  authority  to  cede  any 
part  of  the  territory  of  the  United 
States,  and  to  no  stipulations  to 
that  effect  would  they  subscribe. 
Failing  to  attain  their  object 
directly,  a  proposition  was  then 
made,  to  adopt  some  mode  of 
ascertaining  the  exact  location  of 
the  northwest  corner  of  Nova 
Scotia,  and  to  survey  the  bound- 
ary line  along  the  highlands.  It 
was  not  then  pretended,  that  any 
doubt  existed  as  to  what  highlands 
were  intended  by  the  treaty  of 
1783,  but  merely  that  the  line 
had  not  been  run  along  the  high- 
lands which    were    designated. 


The  doubt  expressed  was  only 
concerning  the  northwest  corner 
of  Nova  Scotia,  which  was  stated 
to  lie  due  north  of  the  source  of 
the  river  St  Croix. 

To  this  proposition  no  objec- 
tion could  be  made,  and  it  was 
incorporated  in  the  treaty  of 
Ghent  as  the  fifth  article 

With  the  view  of  fairly  pre- 
senting the  question  now  at  issue 
before  our  readers,  we  insert 
that  part  of  the  treaty. 

'  Whereas  neither  that  point  of 
the  highlands  lying  due  north 
from  the  source  of  the  river  St 
Croix,  and  designated  in  the  for- 
mer treaty  of  peace  between  the 
two  powers,  as  the  northwest  an- 
^gle  of  Nova  Scotia,  nor  the  north- 
westermost  head  of  Connecticut 
river,  has  yet  been  ascertained: 
and  whereas  that  part  of  the 
boundary  line  between  the  dom- 
inions of  the  two  powers,  which 
extends  from  the  source  of  the 
river  St  Croix,  directly  north  to 
the  above  mentioned  north  west 
angle  of  Nova  Scotia,  thence 
along  the  said  highlands  which 
divide  these  rivers  that  empty 
themselves  into  the  river  St  Law- 
rence, from  those  which  fall  into 
the  Atlantic  ocean,  to  the  north- 
westernmost  head  of  Connecticut 
river ;  thence,  down  along  the 
middle  of  that  river,  to  the  forty 
fifth  degree  of  north  latitude ; 
thence,  by  a  line  due  west  on 
said  latitude,  until  it  strikes  the 
river  Iroquois  or  Cataraguy,  has 
not  yet  been  surveyed ;  it  is 
agreed,  that  for  these  several 
purposes,  two  commissioners  shall 
be  appointed,  sworn,  and  author- 
ised, to  act  exactly  in  the  man- 
ner directed  with  respect  to  those 


NORTHEASTERN  BOUNDARY. 


mentianed  in  the  next  preceding 
article,  unless  otherwise  specified 
in  the  present  article.  The  said 
commissioners  shall  meet  at  St 
Andrews,  in  the  province  of  New 
Brunswick,  and  shall  have  pow- 
er to  adjourn  to  such  other  place  or 
places  as  they  shall  think  fit.  The 
said  commissioners  shall  have  pow- 
er to  ascertain  and  determine  the 
points  above  mentioned,  in  confor- 
mity with  the  provisions  of  the  said 
treaty  of  peace  of  1783,  and 
shall  cause  the  boundary  afore- 
said, from  the  source  of  the  river 
St  Croix  to  the  river  Iroquois  or 
Cataraguy,  to  be  surveyed  and 
marked  according  to  the  said 
provisions.  The  said  commis- 
sioners shall  make  a  map  of  the 
said  boundary,  and  annex  to  it 
a  declaration  under  their  hands 
and  seals,  certifying  it  to  be  the 
true  map  of  the  said  boundary, 
and  particularizing  the  latitude 
and  longitude  of  the  northwest 
angle  of  Nova  Scotia,  of  the 
northwesternraost  head  of  Con- 
necticut river,  and  of  such  other 
points  of  the  said  boundary  as 
they  may  deem  proper.  And 
both  parties  agree  to  consider 
such  map  and  declaration  as 
finally  and  conclusively  fixing  the 
said  boundary.  And,  in  the 
event  of  the  said  two  Commission- 
ers differing,  or  bodi,  or  either  of 
them,  refusing,  or  declining,  or 
wilfully  omitting  to  act,  such  j;e- 
ports,  declarations  or  statements, 
shall  be  made  by  them,  or  either 
of  them,  and  such  reference  to 
a  friendly  sovereign  or  state  shall 
be  made,  in  all  respects,  as  in 
the  latter  part  of  the  fourth  article 
is  contained,  and  in  as  full  a  man- 
5* 


ner  as  if  the  same  was  herein 
repeated.' 

By  this  article,  provision  was 
made  for  ascertaining  in  what 
part  of  a  line  running  due  north 
from  the  source  of  the  St  Croix, 
that  point  of  the  highlands  desig- 
nated as  the  northwest  corner  of 
Nova  Scotia,  was  to  be  found. 
The  northwestern  most  head  of 
Connecticut  river  was  also  to  be 
designated.  Those  points  being 
ascertained,  the  Commissioners 
were  to  survey  the  line  along  the 
highlands,  between  the  disputed 
points.  No  doubt,  however,  was 
expressed  as  to  the  highlands  in 
question.  Those  were  pointed 
out  as  the  dividing  ridge  between 
the  tributaries  to  the  St  Law- 
rence, and  those  of  the  Adantic, 
The  doubts  were  simply  as  to  the 
northwest  corner  of  Nova  ScoUa, 
and  the  northwestern  most  head 
of  Connecticut  river,  and  the  un- 
certainty as  to  the  first  point  is 
limited  by  its  being  described  as 
being  at  some  point  of  the  high- 
lands referred  to,  du^  north  of  the 
source  of  the  St  Oroix. 

Here,  then,  were  to  be  found 
the  powej^  of  the  Commissioners 
and  the  questions  to  be  decided. 

Commissioners  were  accord- 
ingly appointed,  and  after  a  pro- 
tracted discussion  of  the  subject, 
Mr  C.  P.  Van  Ness  on  the  part 
of  the  United  States,  and  Mr, 
Barclay  the  elder,  on  the  British 
side,  disagreed  in  the  report  to 
be  made.  In  the  execution  of 
the  commission  confided  to  these 
gentlemen,  the  Briush  commis- 
sioner started  a  question  as  to  the 
highlands  designated  in  the  treaty 
of  1783, 


50 


ANNUAL  REGISTER,  1830—31. 


He  contended  that  the  north- 
west angle  of  Nova  Scotia  was 
to  be  found  near  Mars  Hill,  about 
forty  miles  north  of  the  source  of 
the  St  Croix,  and  about  the  same 
distance  south  of  that  part  of  the 
St  John,  which  it  would  cross  if 
prolonged. 

From  that  point,  he  claimed  to 
run  the  boundary  line  to  the 
northwesternmost  source  of  the 
Connecticut,  along  the  highlands 
which  divide  the  Chaudiere  and 
its  several  branches,  that  being  a 
river  falling  into  the  St  Lawrence 
from  the  Kennebec,  Androscog- 
gin and  Penobscot. 

The  American  Commissioner 
replied,  that  the  province  of  Nova 
Scotia,  (now  New  Brunswick,) 
extended  far  to  the  north  of  the 
spot  thus  claimed  as  the  north- 
west corner  of  that  province,  and 
and  shewed  that  Mars  Hill  was 
isolated  and  not  part  of  a  range 
of  highlands. 

The  ground  assumed  by  the 
British  commissioner,  however, 
was  still  insisted  upon  ;  and  it  was 
now  contended,  that  the  chain  of 
highlands  referred  to  in  the  treaty 
was  a  ridge,  that  would  divide  the 
heads  of  rivers  whose  mouths  and 
courses  were  within  the  actual 
provinces  of  the  respective  claim- 
ants.—Thus  the  party  possessing 
the  mouth  of  the  stream,  would 
possess  its  whole  course  to  the 
fountain  head.  This  he  asserted 
was  the  object  of  the  treaty,  and 
it  afforded  the  most  equitable  and 
convenient  boundary  line.. 

This  was  not  the  question, 
which  the  Commissioners  were 
authorised  to  determine,  but  as 
the  British  Commissioner  refused 
to  accede  to   any  report,  which 


did  not  allow  the  claim  of  his 
Government,  nothing  remained 
but  to  refer  the  points  in  dispute 
to  the  decision  of  some  friendly 
sovereign,  as  originally  provided 
in  the  treaty  of  Ghent. 

This  was  done  by  a  conven- 
tion concluded  September  29th, 
1827,  prescribing  the  mode  of 
submission,  and  agreeing  that  *  the 
points  of  difference  which  have 
arisen  in  the  setdement  of  the 
boundary,  between  the  American 
and  British  dominions,  as  de- 
scribed in  the  fifth  article  of  the 
treaty  of  Ghent,  shall  be  referred 
as  therein  provided  to  some 
friendly  sovereign  or  State,  who 
shall  be  invited  to  investigate  and 
make  a  decision  upon  such  points 
of  difference.'  It  was  also  agreed, 
that  the  decision  of  the  arbiter 
should  be  final  and  conclusive, 
and  carried  into  effect  widiout  re- 
serve, by  commissioners  chosen 
by  both  parties. 

After  some  negotiation,  during 
which,  various  arbiters  were  pro- 
posed, the  kin^  of  the  Nether- 
lands was  finally  agreed  upon  as 
the  friendly  sovereign  to  decide 
the  controversy. 

Messrs  Galatin  and  Preble 
were  appointed  Commissioners  to 
prepare  the  written  statement  and 
proofs  on  the  part  of  the  United 
States;  and  these  were  duly  sub- 
milted,  together  with  similar  doc- 
uments on  the  part  of  Great 
Britain,  to  the  king  of  the  Neth- 
erlands for  bis  decision.  After 
deliberating  upon  the  subject,  this 
decision  was  finally  given  in  the 
shape  of  an  award,  which  was  de- 
livered on  the  10th  of  January, 
J  831,  to  Mr  Preble  and  Sir 
Charles  Bagot,  the  ministers  of 


NORTHEASTERN  BOUNDARY. 


51 


the  United    States    and    Great 
Britain,   at   the  Hague.     In  this 
award,  however,  the  arbiter  did 
not  undertake  to  decide  the  ques- 
tions  submitted  to  him,  but  re- 
commended a  new  boundary,  not 
contemplated   by    either    party. 
Instead  of  ascertaining  the  north- 
west corner  of  Nova  Scotia,  and 
determining  which  were  the  high- 
lands in  question,  he  commences 
an  inquiry  as  to  what  line  would 
be  most  convenient  to  the  parties, 
and  finding   that  a  line  running 
due  north  from  the  source  of  the 
St  Croix  to  the  highlands,  would 
cut  off  the   communication   be- 
tween Canada  and  New  Bruns- 
wick, he  undertakes  to  lay  down 
a  boundary  not  designated  in  the 
treaty.     The  range  of  highlands 
claimed  by  the  United  States,  the 
arbiter  perceived  to  be  those  re- 
ferred to  in  the   treaty.     Being 
satisfied  of  that,  his  duty  was  to 
eause  a  line   to  be   drawn  due 
north  from  the  monument  at  the 
bead  of  the  St  Croix,  to  the  place 
where   it  should   intersect  those 
highlands.     This   was  the  plain 
import  of  the  treaty,  and  on  this 
part  of  the   boundary  it  was  the 
point  in  dispute. 

Instead  of  doing  this,  he  says, 
*  that  it  will  be  proper  (il  con- 
viendra)  to  adopt  as  the  boun- 
dary of  the  two  States,  a  line 
drawn  due  north  from  the  source 
of  the  river  St  Croix  to  the  point 
where  it  intersects  the  middle  of 
the  thalweg  of  the  river  St  John, 
thence  the  middle  of  the  thalweg 
of  that  river,  ascending  it,  to  the 
point  where  the  river  St  Francis 
empties  itself  into  the  river  St 
John,  thence  the  middle  of  the 
thalweg  of  the  river  St  Francis, 


ascending  it,  to  the  source  of  its 
south  westernmost  branch,  which 
source  we  indicate,  on  the  map 
A,  by  the  letter  X,  authenticated 
by  the  signature  of  our  minister 
of  Foreign  Affairs  ;  thence  a  line 
drawn  due  west,  to  the  point 
where  it  unites  with  the  line  claim- 
ed by  the  l.  nited  States  of  Amer- 
ica, and  delineated  on  the  map 
A,  thence  said  line  to  the  point  at 
which  according  to  said  map,  it 
coincides  with  that  claimed  by 
Great  Britain,  and  thence  the  line 
traced  on  the  map  by  the  two 
powers,  to  the  northwesternmost 
source  of  Connecticut  river.' 

He  then  proceeds  to  determine 
the  northwesternmost  head  of 
Connecticut  river,  which  he  de- 
cides to  be  the  northwesternmost 
stream  falling  into  the  northern- 
most of  the  three  lakes,  the  last 
of  which,  bears  the  name  of  Con- 
necticut lake.  The  third  duty 
to  be  performed  by  the  arbiter, 
was  to  run  the  line  west  from  the 
head  of  the  Connecticut  along 
the  45th  degree  of  latitude  to  the 
St  Lawrence.  In  performing  this 
duty,  he  considered  that  the  prin- 
ciple of  observed  latitude  ought 
to  be  followed,  but  that  inasmuch 
as  the  American  Government  had 
erected  fortifications  at  Rouse's 
Point,  under  a  mistaken  impres- 
sion that  it  was  below  the  45th 
degree  of  latitude,  he  therelore 
determined  to  make  the  import  of 
the  treaty  bend  to  the  convenience 
of  the  parties,  and  determined 
*  that  it  will  be  proper  (il  convien- 
dra)  to  proceed  to  fresh  opera- 
tions to  measure  the  observed  lati- 
tude, in  order  to  mark  out  the 
boundary  from  the  river  Connect- 
icut along  the  parallel  of  the  46th 


5- 


ANNuAj.  register,  1830—31. 


degree  of  north  latitude  to  the 
river  St  Lawrence,  named  in  the 
treaties  Iroquois  or  Cataraguy ;  in 
such  a  manner,  however,  that,  in 
all  cases,  at  the  place  called 
Rouse's  Point,  the  territory  of  the 
United  States  of  America  shall 
extend  to  the  fort  erected  at  that 
place,  and  shall  include  said  fort 
and  its  kilometrical  radius  [ray- 
on kilometrique.]' 

Against  this  decision  the  Amer- 
ican ministers  at  the  Hague  im- 
mediately protested,  as  being  be- 
yond the  authority  of  the  arbiter, 
— he  having  decided  upon  ques- 
tions not  submitted  to  him,  and 
left  undecided  the  questions  in 
dispute."'^ 

The  line  drawn  by  the  arbiter, 
was  one  never  contemplated  by 
the  parties  to  the  submission,  nor 
was  it  laid  down  in  the  treaty  ; 
but  it  was  one  adjusted  upon  those 
principles  of  convenience  and 
equity,  which  probably  ought  to 

*  For  a  very  able  and  minute  exam- 
ination of  the  controversy  respecting  the 
Northeast  Boundary,  vide  North  Amer- 
ican Review,  No.  75, 


have  prevailed  in  the  absence  of 
a  treaty.  His  decision,  therefore, 
was  an  assumption  of  power  be- 
yond the  powers  granted  by  the 
parties  to  the  convention,  and  the 
Government  of  the  United  States 
expressed  great  doubts  as  to  the 
validity  of  the  award. 

The  British  Government,  on 
the  contrary,  having  gained  the 
principal  object  for  which  it  con- 
tended, i.  e.  an  uninterupted  com- 
munication between  its  provinces, 
signified  i(s  willingness  to  carry 
the  award  into  etfect. 

The  State  of  Maine  on  its  part, 
protested  against  the  award  as  in- 
valid, and  denied  the  authority  of 
the  Federal  Government,  to  cede 
any  portion  of  the  territory  of  a 
State  by  treaty  or  convention. 
In  this  unsetded  state  the  contro- 
versy remained  at  the  termina- 
tion of  the  year  1831,  and  the 
result  of  the  arbitration  forcibly 
brought  to  mind  the  description  in 
a  celebrated  epic,  of  that  contest, 
where 

'  Chaos  umpire  sits, 
And  by  decision  more  embroils  tbefwy,' 


CHAPTER    IV 


Opening  of  Congress. — Presidents  Message. — Impeachment  of 
Judge  Peck. — Trial. — Acquittal. — Act  declaring  law  of  Con- 
tempts.— Bill  to  repeal  the  twentyfifth  Section  of  Judiciary  Act. 
— Judicial  System  of  United  States. — Mode  of  executing  Resolu- 
tions of  Continental  Congress. — Mode  provided  by  Federal 
Constitution. — Chisholm  vs  Georgia. — Amendments  to  Consti- 
tution.— Twentyfifth  Section. —  Cohens  vs  Virginia. — Decision 
of  Court. — Discontent. — Rejection  of  Bill  to  Repeal. 


TiTE  second  session  of  the 
twentyfirst  Congress  commenced 
on  the  6th  of  December,  1330. 

Thirtyfive  seq^tors  appeared  at 
the  commencement  of  the  session, 
and  Samuel  Smith,  President  pro- 
tem,  resumed  the  chair.  In  the 
House,  one  hundred  and  seventy 
members  answered  to  their  names 
at  the  call  of  the  roll.  Six  new 
members  appeared,  to  supply  va- 
cancies occasioned  by  deaths 
and  resignations,  and  one  new 
member  to  fill  the  vacancy  in 
the  delegation  from  Maine. 
(The  Speaker)  Mr  Stevenson, 
being  indisposed,  did  not  at- 
tend the  first  day,  and  the  house 
adjourned  over  to  the  7th,  when 
the  Speaker  took  the  chair  and 
the  President  of  the  United  States 
having  been  informed  of  the  or- 
ganisation of  Congress,  the  annual 
message  was  the  same  day  com- 
municated to  both  Houses. 

Among  the  changes  which  oc- 
curred in  the  foreign  relations  of 
the  country  since  the  last  session, 
the  message  stated  that  an  amica- 


ble arrangement  had  been  made 
with  Great  Britain,  by  which  the 
trade  with  her  colonies  was  plac- 
ed upon  a  mutually  advantageous 
footing.  A  treaty  witli  Turkey, 
was  also  stated  to  have  been  con- 
cluded, and  it  was  intimated,  that 
the  preliminary  steps  to  the  form- 
ation of  that  treaty  had  been  taken 
by  the  present  administration,  up- 
on the  suggestion  of  the  President. 

Allusion  was  made  to  the  situ- 
ation of  the  legation  at  St  Peters- 
burg, and  the  President  informed 
Congress,  that  '  the  minister  lately 
commissioned  at  that  Court,  (Mr 
Randolph)  had  been  compelled 
by  extreme  indisposition  to  exer- 
cise a  privilege,  which  in  consid- 
eration of  the  extent  to  which  his 
constitution  had  been  impaired  in 
the  public  service,  was  comhiitted 
to  his  discretion  of  leaving  tempo- 
rarily his  post  for  the  advantage 
of  a  more  genial  climate.' 

A  cursory  glance  was  given  to 
the  state  of  our  relations  with  oth- 
er powers,  and  the  bills  for  the 
improvement  of  certain  harbours. 


54 


ANNUAL  REGISTER,  1830—31. 


&c.  and  authorising  a  subscrip- 
tion for  stock  in  the  Louisville 
and  Portland  Canal  Company 
were  then  adverted  to. 

These  bills  had  been  retained 
by  the  President  at  the  close  of 
the  last  session,  for  more  mature 
consideration.  Some  doubts  were 
at  that  time  expressed,  as  to  the 
propriety  of  that  course.  Ac- 
cording to  the  Constitution,  the 
President  has  the  right  of  return- 
ing any  bill  to  the  House  where 
it  originated,  with  his  objections, 
and  unless  two  thirds  of  both 
Houses  vote  in  favor  of  its  pas- 
sage, notwithstanding  these  objec- 
tions. It  does  not  take  effect  as  a 
law.  In  order  to  prevent  any 
abuse  of  this  prerogative,  it  is  also 
provided,  that  unless  the  bill  be 
returned  within  ten  days  after  it 
has  been  presented  to  the  Presi- 
dent, it  shall  become  a  law,  ex- 
cept Congress  by  adjourning, 
prevents  its  return  within  that 
time^  in  which  case  it  shall  not 
become  ^  law. 

The  intention  of  the  Constitu- 
tion, was,  to  prevent  the  President 
on  the  one  hand,  from  impeding 
the  legislation  of  Congress  by 
any  procrastination  of  his  decision 
in  relation  to  the  expediency  or 
constitutionality  of  any  law  be- 
yond ten  days  ;  and  on  the  other 
hand,  to  prevent  Congress,  by  a 
sudden  adjournment  before  the 
lapse  of  that  period,  from  defeat- 
ing the  prerogative  of  the  Execu- 
tive, to  refer  the  law  back  for  the 
re-consideration  of  Congress. 

In  this  instance  the  laws  refer- 
red to  were  presented  at  the 
close  of  the  session,  and  in  order 
to  give  to  Congress  an  opportuni- 
ty of  reconsidering  its  decisions, 


they  should  have  been  forthwidi 
returned.  By  not  doing  that, 
the  President  converted  the  qual- 
ified veto  conferred  upon  him  by 
the  Constitution  into  an  absolute 
veto,  which  was  never  contem- 
plated by  that  instrument.  The 
want  of  time  however  at  the  close 
of  the  session  having  prevented 
deliberations  upon  these  laws,  they 
were  retained  during  the  vaca- 
tion, and  now  they  were  returned 
with  his  objections  to  their  pas- 
sage. Among  the  reasons  urged 
against  the  passage  of  such  laws 
was  one  representing  that  it  would 
produce  contests  in  Congress 
among  the  States  for  the  surplus 
revenue,  and  in  order  to  obviate 
all  danger  from  that  source,  a 
distribution  of  the  surplus  reven- 
ue was  recommended  among  the 
States  in  proportion  to  their  rep- 
resentations, instead  of  applying 
it  to  works  of  internal  improve- 
ment. 

An  alteration  of  that  part  of 
the  Constitution  regulating  the 
election  of  President  and  Vice 
President,  was  earnestly  recom- 
mended, and  so  strongly  were 
the  dangers  of  an  improper  in- 
fluence on  the  part  of  the  Exe- 
cutive over  the  legislature  pour- 
trayed,  that  Congress  was  strong- 
ly solicited  to  urge  an  amendment 
rendering  him  ineligible  after  one 
term  of  service. 

The  attention  of  Congress 
was  then  called  to  the  Tariff,  and 
Congress  was  recommended,  in 
laying  duties  with  a  view  to  pro- 
tection, to  confine  the  bill  to  one 
particular  interest,  by  which  all 
danger  of  improper  combinations 
would  be  avoided. 

An  account  was  next  given  of 


IMPEACHMENT  OF  JUDGE  PECK. 


55 


the  condition  of  ths  several  de- 
partments of  the  government, 
concluding  with  a  recommenda- 
tion to  place  the  Attorney  Gene- 
ral on  the  same  footing  with  the 
other  departments.  At  the  close 
of  the  message,  the  attention  of 
Congress  was  again  called  to  the 
United  States  bank ;  the  doubts 
expressed  in  his  last  message  as 
to  the  constitutionality  of  this  in- 
stitution were  reiterated ;  and  as 
a  substitute  for  the  bank,  the 
President  recommended  that  a 
branch  of  the  treasury  department 
be  authorised  to  sell  bills  of  ex- 
change based  on  the  credit  and 
revenues  of  the  Government.  It 
was  not  however  to  be  empow- 
ered to  purchase  property,  nor  to 
make  loans  ;  but  was  to  be  con- 
fined to  selling  bills  of  exchange 
and  receiving  money  on  deposit. 
The  message  itself  will  be 
found  at  length  in  the  second  part 
of  the  volume,  47th  page,  to 
which  we  refer  our  readers. 

The  first  topic  which  engaged 
the  attention  of  Congress  was 
the  trial  of  the  impeachment  of 
James  H.  Peck,  Judge  of  the 
district  court  of  Missouri. 

A  complaint  had  been  made 
to  the  House  of  Representatives,  at 
the  last  session,  against  this  offi- 
cer, by  Luke  E.  Lawless,  for  hav- 
ing committed  him  to  prison  for 
contempt ;  and  after  a  full  inves- 
tigation it  was  resolved  by  a  vote 
of  123,  to  49,  that  Judge  Peck 
be  impeached  of  high  misdemean- 
ors in  office.  Messrs  Buchan- 
an, Storrs  of  New  York,  M'Duf- 
fie,  Spencer  of  New  York,  and 
WickelifFe,  were  appointed  a  com- 
mittee to  prepare  articles  of  im- 


peachment. After  the  articles 
were  reported,  the  same  commit- 
tee were  appointed  to  manage 
the  prosecution,  and  the  Sen- 
ate having  been  informed  by 
the  managers  of  the  impeach- 
ment, it  resolved  itself  into  a 
court  of  impeachment.  The 
President  and  Senators  were 
sworn  to  do  impartial  justice  ac- 
cording to  the  law,  and  on  the 
4th  of  May,  1830,  the  Senate 
having  resolved  itself  into  a  high 
court  of  impeachment,  the  man- 
agers appeared  on  the  part  of 
the  House  and  presented  the  ar- 
ticles of  impeachment. 

A  summons  was  then  issued  to 
Judge  Peck  to  appear  and  answer 
to  the  accusation,  and  his  answer 
was  put  in  on  the  25th  of  May. 
It  being  necessary  to  procure 
the  attendance  of  witnesses  from 
Missouri,  the  trial  of  the  impeach- 
ment was  postponed  to  the  next 
session  of  Congress,  to  the  second 
Monday  of  which,  the  court  was 
adjourned.  At  that  time  the 
court,  having  opened,  the  mana- 
gers attended  and  requested  an 
adjournment  on  account  of  the 
absence  of  a  necessary  witness. 

The  20th  of  December  the 
court  was  again  opened,  and  the 
managers,  accompanied  by  the 
House  of  Representatives,  attend- 
ed, and  the  trial  commenced. 

During  part  of  the  trial  the 
House  accompanied  the  mana- 
gers each  day  to  the  Senate  as 
attending  the  trial;  but  finding 
that  unnecessary,  and  the  pro- 
ceedings proving  long  and  tedi- 
ous, the  House  finally  concluded 
to  attend  only  during  the  argu- 
ment of  the  counsel  and  mana- 
gers, and  to   demand  judgment 


56 


ANNUAL  REGISTER.  1630—31. 


upon  the  impeachment.  In  the 
investigatian  of  the  articles  of  im- 
peachment, it  appeared  that  the 
decision  of  Judge  Peck  in  the 
case  of  James  G.  Soulard  and 
others  vs.  the  United  States,  was 
pubhshed  in  the  Missouri  Re- 
publican by  his  directions.  Mr 
Lawless  was  counsel  for  the  plain- 
tiffs in  this  suit,  who  were  land 
claimants,  as  well  as  for  many 
other  parties  whose  claims  de- 
pended upon  a  similar  stateof  facts. 

The  question  therefore  decid- 
ed by  the  Judge  was  one  of  great 
interest,  and  in  the  State  of  Mis- 
souri did  actually  produce  an  ex- 
citement, in  which  all  individual 
feeling  and  interest  was  enlisted 
on  the  side  of  the  claimants,  the 
United  States  being  the  party 
defendant. 

Under  these  circumstances  Mr 
Lawless  published  in  the  Missouri 
Advocate  a  comment  upon  the 
decision  in  respectful  terms,  in 
which  he  endeavored  to  show 
that  the  court  was  in  error,  and 
stated  that  error  to  consist  in  cer- 
tain assumptions  of  facts  and  of 
doctrines. 

This  statement,  which  was  a 
concise  recapitulation  of  the 
grounds  for  which  the  plaintiff 
contended,  Judge  Peck  regarded 
as  a  contempt,  because  by  sup- 
pressing certain  distinctions  and 
facts,  insisted  upon  by  the  court, 
it  placed  his  decision  in  an  un- 
favorable light  before  the  public, 
which  was  already  excited  by  the 
conclusion  which  the  court  had 
adopted.  He  accordingly  order- 
ed Mr  Lawless  to  shew  cause 
why  an  attachment  should  not  be 
awarded  against  him,  and  why 
he  should  not  be  suspended  from 


practice  as  an  attorney  and  coun- 
sellor for  publishing  that  comment. 
Mr  Lawless  appeared  upon 
the  return  of  the  rule  and  insisted 
that  the  publication  was  no  con- 
tempt, that  it  was  a  fair  represen- 
tation of  the  decision  and  within 
the  limits  of  fair  discussion. 

The  court,  however,  held  oth- 
erwise, and  an  attachment  was  is- 
sued. Mr  Lawless  was  brought 
before  the  court,  and  was  there 
asked  whether  he  wished  to  purge 
himself  of  contempt  by  answer- 
ing interrogatives,  which  he  prop- 
erly refused  to  do,  but  insisted  on 
the  truth  of  his  publication.  Judge 
Peck  viewing  this  as  an  aggrava- 
tion of  the  contempt,  proceeded 
to  sentence  Mr  Lawless  to  be 
imprisoned  for  twentyfour  hours 
and  to  be  suspended  from  prac 
tising  in  that  court  for  eighteen 
months. 

For  this  arbitrary  conduct  he 
was  impeached,  but  the  Senate 
believing  that  Judge  Peck  pro- 
ceeded upon  %  mistaken  view  of 
the  powers  of  the  court,  and  that 
he  was  governed  by  a  strong 
conviction  of  what  he  deemed 
his  official  duty,  refused  to  find 
him  guilty  upon  the  article  of 
impeachment.  The  vote  stood, 
guilty  21,  not  guilty  22. 

This  impeachment,  however, 
produced  a  strong  conviction  of 
the  necessity  of  Umiting  and  de- 
fining the  power  of  the  Judiciary 
in  relation  to  the  law  of  con- 
tempts. 

It  was  universally  conceded, 
that  the  common  law  doctrine  of 
the  English  courts  was  inconsis- 
tent with  free  institutions,  and 
entirely  inapplicable  to  this 
countiy. 


JUDICIAL  SYSTEM. 


57 


It  was  derived  from  that  unde- 
finable  notion  concerning  the  pre- 
rogatives of  high  dignitaries,  that 
prevailed  in  the  early  period  of 
English  history,  and  is  so  plainly 
to  be  perceived  in  the  decisions 
and  proceedings  of  the  Star 
Chamber. 

Although  modified  by  the  great- 
er freedom  and  intelligence  of 
modern  times,  the  doctrine  as  ac- 
cepted in  England,  was  deemed 
incompatible  with  a  political  sys- 
tem, whose  distinguishing  charac- 
teristic is  the  specific  and  well 
defined  limitation  of  the  preroga- 
tives and  powers  of  all  its  public 
officers.  Scarcely,  therefore,  had 
the  Senate  determined  upon  the 
impeachment  of  Judge  Peck, 
when  a  bill  was  introduced  into 
the  House,  declaratory  of  the  law 
concerning  contempts  of  Court. 

This  bill  which  was  reported 
on  the  10th  of  February,  (the  im- 
peachment having  been  determin- 
ed on  the  31st  of  January,)  was 
passed  by  both  Houses,  and  be- 
came a  law  on  the  2d  of  March, 
1831.  By  it,  the  power  of  the 
Federal  Courts  to  issue  attach- 
ments and  inflict  summary  pun- 
ishment for  contempt  of  Court,  is 
limited  to  cases  of  misbehaviour 
in  presence  of  the  Court,  or  so 
near  thereto  as  to  obstruct  the 
administration  of  justice  ;  the  mis- 
behaviour of  the  officers  of  the 
Court  in  their  official  transactions ; 
and  the  disobedience  or  resistance 
to  any  lawful  writ,  process,  order, 
rule,  decree  or  command,  of  the 
Court. 

It  was  also  enacted,  that  any 

attempt  by  corruption,  threats,  or 

force,  to  influence,  intimidate,  or 

impede,   any  juror,  witness,  or 

6 


officer,  in  the  discharge  of  his  du- 
ty, or  to  obstruct  or  impede  the 
due  administration  of  justice  in 
the  Federal  Courts,  should  be 
punished  upon  conviction  on  an 
indictment,  by  fine  not  exceeding 
five  hundred  dollars,  or  imprison- 
ment for  three  months,  or  both,  at 
the  discretion  of  the  Court. 

While  Congress  thus  evinced 
its  determination  to  confine  this 
power  of  the  Courts  within  limits 
consistent  with  the  personal  free- 
dom of  the  citizen  ;  it  manifested 
equal  zeal  to  maintain  the  author- 
ity of  the  Federal  Judiciary,  over 
those  subjects  assigned  to  that 
department  by  the  Constitution  of 
the  United  States. 

A  jealousy  had  always  been 
manifested  of  that  department  of 
the  Government,  by  a  certan 
class  of  politicians,  especially  by 
those,  who  contended  for  what 
they  denominated  a  strict  con- 
struction of  the  Constitution. 

The  Speaker  of  the  House  of 
Representatives  (Mr  Stevenson) 
was  an  ardent  advocate  of  that 
construction ;  and  in  the  selection 
of  the  Judiciary  committee,  he 
appointed  a  majority  from  the 
class  of  members  agreeing  with 
him  on  that  point, — the  chairman 
of  the  committee  himself  being  an 
advocate  of  the  right  of  a  State, 
to  nullify  a  law  of  Congress. 
Deeming  the  present  a  fit  time  to 
promote  their  views,  that  com- 
mittee on  the  24th  of  January, 
made  a  report  accompanied  by  a 
bill,  to  repeal  the  twenty-fifth  sec- 
tion of  the  act  to  establish  the  Judi- 
cial system  of  the  United  States, — 
passed  shortly  after  the  organisa- 


58 


ANNUAL  REGISTER,  1830—31. 


lion  of  the  Federal  Government 
in  1789. 

In  framing  a  scheme  of  Gov- 
ernment for  the  United  States,  it 
was  felt  to  be  necessary  to  adopt 
some  mode  of  carrying  the  laws 
of  the  general  Government  into 
effect  through  its  own  instruments, 
without  being  dependent  upon 
the  State  Governments  for  their 
efficiency.  Under  the  articles  of 
confederation  the  decrees  of  Con- 
gress were  only  regarded  as  re- 
commendations;  or  when  it  be- 
came necessary  to  execute  them 
in  opposition  to  a  State  Govern- 
ment, it  was  done  by  an  armed 
force  and  as  a  hostile  act  against 
that  State. 

A  striking  illustration  of  the 
mode  in  which  the  Continental 
Congress  was  obliged  to  maintain 
its  rights  against  the  pretensions 
of  particular  States,  may  be  found 
in  the  manner  in  which  that  body 
vindicated  its  right  to  the  north- 
west territory,  against  the  claims 
of  Virginia.  Notwithstanding  the 
earnest  request  of  Congress,  to 
abstain  from  granting  warrants  for 
unappropriated  lands  during  the 
revolutionary  war,  that  State  in 
1779,  opened  a  land  office  for 
that  purpose ;  and  various  inhab- 
itants of  Virginia  crossed  the 
Ohio  and  settled  upon  the  banks 
of  the  Muskingum.  An  armed 
force  stationed  at  Pittsburg,  un- 
der Colonel  Brodhead,  to  prevent 
intrusions  upon  that  territory,  was 
immediately  put  in  motion  against 
them,  and  after  destroying  their 
huts  and  apprehending  them  as 
trespassers,  an  account  was  sent 
on  to  Congress,  where  it  was  di- 
rected to  be  communicated  to  the 
Governor  of  Virginia,  that  a  rep- 


etition ofsuch  trespasses  might  be 
prevented. 

As  this  energetic  act  was  stig- 
matised as  an  encroachment  upon 
State  rights.  Congress  found  it 
necessary  on  the  18th  of  April 
1780,  to  resolve,  that  Colonel 
Brodhead  should  be  supported  by 
Congress  in  any  acts  or  orders, 
which  the  nature  of  the  service 
and  the  discharge  of  his  duty  as 
commanding  officer  at  Fort  Pitt, 
had  made  or  should  make  ne- 
cessary. 

In  this  manner  when  the  case 
was  too  urgent  to  tolerate  a  vi- 
olation of  the  resolution  of  Con- 
gress, that  body  was  at  once 
brought  into  hostile  collision  with 
some  of  the  States ;  and  where  it 
was  not  of  paramount  importance, 
execution  was  entrusted  to  the 
State  legislatures,  which  were 
governed  in  their  decisions  by 
too  close  a  regard  to  their  local 
interests. 

Warned  by  experience  of  the 
inefficacy  of  a  central  government 
upon  this  basis,  the  framers  of  the 
Constitution  determined  to  give 
to  the  federal  government  a  direct 
action  upon  the  citizens  as  indi- 
viduals, rather  than  indirectly 
upon  them  as  communities  through 
the  State  2;ovemments.  With 
that  view  they  provided  that  *  the 
Federal  Consitution,  the  laws  of 
the  United  States,  made  in  pur- 
suance thereof,  and  all  treaties 
made,  or  which  shall  be  made 
under  the  authority  of  the  United 
States,  should  be  the  supreme 
law  of  the  land.'  A  supreme 
Court  of  the  United  States  was 
then  established,  and  the  judicial 
power,  ^V^hich  was  vested  in  that 
and   other  inferior  courts  to  be 


JUDICIAL  SYSTEM 


59 


established  by  Congress,  '  was 
extended  to  all  cases  arising  un- 
der the  Constitution,  the  laws  of 
the  United  States,  and  treaties 
made  under  their  authority ;  to 
all  cases  affecting  ambassadors, 
other  public  ministers  and  con- 
suls ;  to  all  cases  of  admiralty 
and  maritime  jurisdiction  ;  to  con- 
troversies to  which  the  United 
States  shall  be  a  party ;  to  con- 
troversies between  two  or  more 
States  ;  between  a  State  and  the 
citizens  of  another  State  ;  between 
citizens  of  different  States ;  be- 
tween citizens  of  the  same  State 
claiming  lands  under  grants  of 
different  States ;  and  between  a 
State  or  the  citizens  thereof,  and 
foreign  states,  citizens  or  subjects. 

In  all  cases  affecting  ambassa- 
dors, other  public  ministers,  and 
consuls,  and  those  in  which  a 
State  shall  be  a  party,  the  Su- 
preme Court  shall  have  original 
jurisdiction.  In  all  other  cases 
before  mentioned,  the  Supreme 
Court  shall  have  appellate  juris- 
diction, both  as  to  law  and  fact, 
with  such  exceptions  and  under 
such  regulations,  as  the  Congress 
shall  make.' 

Shortly  after  the  organisation 
of  the  Government  upon  this 
basis,  the  States  of  Georgia,  New 
York,  and  South  Carolina  were 
sued  in  the  Supreme  Court  by 
various  citizens  of  other  States 
for  debts  due  to  them  from  the 
governments  of  those  States.  In 
February  term,  J  793,  the  case 
of  Chisholm  vs,  the  State  of 
Georgia  came  up  for  judgment 
and  the  Court  decided  in  favor  of 
the  plaintiff,  and  held  the  States 
to  be  liable  to  respond  in  the  Su- 
preme Court  of  the  United  States 


to  the  actions  of  private  citizens 
of  other  States. 

Although  this  was  the  express 
language  of  the  Consitution,  it 
was  not  convenient  at  that  time 
to  carry  that  provision  into  prac- 
tice. The  States  had  just  emerg- 
ed from  a  ruinous  war ;  and  it  was 
found  easier  to  postpone  and  to  ad- 
just claims  with  petitioners  in  the 
legislature  of  the  State,  than 
with  suitors  whose  demands  were 
backed  with  legal  authority. 

Great  dissatisfaction  was  ac- 
cordingly expressed  at  this  de- 
cision, and  the  legislature  of 
Georgia  at  that  as  at  a  later  peri- 
od openly  defied  the  judicial 
authority. 

To  quiet  this  feeling  of  discon- 
tent, Congress  proposed,  in  1794, 
the  following  amendment,  which 
was  adopted  and  became  part  of 
the  Constitution.  *The  judicial 
power  of  the  United  States  shall 
not  be  construed  to  extend  to  any 
suit  in  law  or  equity,  commenced 
or  prosecuted  against  one  of  the 
United  States,  or  by  citizens  of 
another  State,  or  by  citizens  or  ' 
subjects  of  any  foreign  state.' 

By  this  amendment  therefore 
the  States  were  rendered  no 
longer  liable  to  be  arraigned  as 
defendants  at  the  suit  of  private 
persons,  citizens  of  another  State. 

The  Supreme  Court,  however, 
by  this  amendment,  was  not  de- 
prived of  jurisdiction  over  all 
cases  arising  under  the  Constitu- 
tion, laws,  and  treaties  of  the 
United  States. 

This  was  a  branch  of  its  pow- 
ers, that  was  conferred  in  order  to 
preserve  uniformity  in  the  con- 
struction of  the  Constitution,  laws, 
and  treaties  of  the  United  States ; 


60 


ANNUAL  REGISTER,  1830—31. 


to  ensure  the  peaceable  execu- 
tion of  the  constitutional  powers 
of  the  federal  government;  to 
protect  them  from  the  encroach- 
ments of  the  States ;  to  vindicate 
the  rights  of  individuals  from  the 
local  excitements  which  tempo- 
rarily affect  states  and  communi- 
ties ;  and  to  prevent  any  quarrels 
with  foreign  nations,  by  a  disre- 
gard or  misconstruction  by  the 
State  Courts,  of  the  treaties  be- 
tween them  and  the  United  States. 
With  the  view  of  giving  effect 
to  this  branch  of  its  jurisdiction, 
the  first  Congress,  which  met 
after  the  adoption  of  the  Consti- 
tution, (composed  of  members, 
many  of  whom  had  belonged  to 
the  convention  which  framed  that 
instrument,)  inserted  in  the  judici- 
ary act,  the  section  commonly 
known  as  the  25th  section,  which 
is  as  follows,  *  A  final  judgment 
or  decree  in  any  suit,  in  the 
highest  court  of  law  or  equity  of 
a  State  in  which  a  decision  in  a 
suit  could  be  had,  where  is  drawn 
in  question  the  validity  of  a  treaty, 
or  statute  of,  or  an  authority  ex- 
ercised under,  the  United  States, 
and  the  decision  is  against  their 
validity;  or  where  is  drawn  in 
question  the  validity  of  a  statute 
of,  or  an  authority  exercised  un- 
der the  United  States,  and  the 
decision  is  against  their  validity  ; 
or  where  is  drawn  in  question 
the  validity  of  a  statute  of,  or 
an  authority  exercised  under,  any 
State,  on  the  ground  of  their 
being  repugnant  to  the  Consti- 
tution, treaties,  or  laws  of  the 
United  States,  and  the  decision  is 
in  favor  of  such  their  validity ; 
or  where  is  drawn  in  question  the 
construction  of  any  clause  of  the 


Constitution ;  or  of  a  treaty  or 
statute  of,  or  commission  held 
under  the  United  States,  and  the 
decision  is  against  the  title,  right, 
privilege,  or  exemption,  specially 
set  up  or  claimed  by  either  party 
under  such  clause  of  the  said 
Constitution,  treaty,  statute,  or 
commission,  may  be  re-examined, 
and  reversed  or  affirmed  in  the 
Supreme  Court  of  the  United 
States,  upon  a  writ  of  error,  the 
citation  being  signed  by  the  chief 
justice,  or  judge,  or  chancellor 
of  the  court  rendering  or  passing 
the  judgment  or  decree  com- 
plained of,  or  by  a  justice  of  the 
Supreme  Court  of  the  United 
States,  in  the  same  manner  and 
under  the  same  regulations,  and 
the  writ  shall  have  the  same  ef- 
fect as  if  the  judgment  or  decree 
complained  of  had  been  rendered 
or  passed  in  a  circuit  court ;  and 
the  proceeding  upon  the  revisal 
shall,  also  be  the  same,  except 
that  the  Supreme  Court,  instead 
of  remanding  the  cause  for  a  final 
decision,  as  before  provided,  may 
at  their  discretion,  if  the  cause 
shall  have  been  once  remanded 
before,  proceed  to  a  final  decis- 
ion of  the  same,  and  award  exe- 
cution. 

In  this  section  are  embraced 
three  classes  of  cases,  1  st,  where 
a  State  court  decides  against  the 
validity  of  a  law  or  treaty  of  the 
United  States, — a  power  confer- 
red to  prevent  any  violation 
of  the  laws  or  treaties  of  the 
United  States  on  the  part  of  a 
State  :  2d,  where  the  validity  of 
a  State  law  is  questioned  on  the 
ground  of  its  being  repugnant  to 
the  federal  Constitution  or  laws, — 
a  power  essential  to  preserve  the 


JUDICIAL  SYSTFiVl. 


Gl 


general  government  from  the  en- 
croachments of  the  State  govern- 
ments ;  3cl,  where  any  title,  right, 
privilege,  or  exemption  claimc<i 
under  the  Constitution,  law^,  or 
treaties  of  the  United  Stfw;es  has 
been  denied  by  the  Stafc^  Courts, 
— a  power  intended  t^  secure  to 
individuals  the  in>'flunities  held 
out  to  them  bv  the  laws  and 
treaties  of  the  Federal  Govern- 
ment. 

Upon  tHe  powers  conferred  by 
this  sermon,  depended  the  appel- 
late Jurisdiction  of  the  Supreme 
Court  of  the  United  States  over 
^he  State  Courts,  and  without 
those  powers,  the  permanency  of 
the  Union  itself  would  be  left  at 
the  mercy  of  the  State  Govern- 
ments; and  the  constitutionality 
of  the  United  States  bank,  the  ta- 
riff, and  of  all  treaties,  whether 
with  Indian  tribes  or  foreign  na- 
tions, would  be  subjected  to  such 
construction  as  the  caprice  or 
interests  of  twenty-four  distinct 
communities  should  prescribe. 

In  pursuance  of  the  mode  point- 
ed out  in  the  twentyfirst  section, 
various  causes  were  brought  up 
to  the  Supreme  Court,  involving 
the  constitutionality  of  State  laws 
and  the  construction  of  the  Con- 
stitution, laws  and  treaties  of  the 
United  States.  They  were  con- 
sidered as  causes  over  which  the 
Supreme  Court  had  jurisdiction, 
owing  to  the  nature  of  the  ques- 
tion to  be  determined. 

Some  of  the  causes  of  this  de- 
scription were  between  private 
citizens  and  States,  members  of 
the  Union.  Suits  commenced  in 
the  name  of  a  State  wherein  the 
constitutionality  of  a  State  law  or 
the  validity  of  a  treaty  was  brought 
6^^ 


in  question,  were  not  regarded 
3/  falling  within  an  amendment, 
the  object  of  which  was  to  pro- 
hibit private  citizens  from  prose- 
cuting their  claims  against  a  State 
Government. 

In  the  case  of  Cohens  vs,  the 
State  of  Virginia,  (which  was  re- 
moved from  the  State  courts  by 
a  writ  of  error  from  a  judgment 
invalidating  a  law  of  Congress,) 
objections  were  raised  to  the  au- 
thority of  the  Court;  first,  be- 
cause a  State  was  a  party  on  the 
record  ;  and  second,  because  no 
writ  of  error  could  constitutionally 
issue  from  the  Supreme  Court  of 
the  United  States  to  a  State  Court. 

The  jurisdiction  of  the  Court 
was  sustained,  and  the  opinion  of 
Chief  Justice  Marshall  gives  so 
clear  and  correct  an  exposition  of 
the  true  construction  of  the  elev- 
enth amendment,  that  we  shall 
insert  a  few  extracts,  in  order  to 
shew  the  grounds  upon  which 
that  judgment  was  given. 

*  To  commence  a  suit,  is  to 
demand  something  by  the  institu- 
tion of  process  in  a  Court  of  jus- 
tice ;  and  to  prosecute  the  suit  is, 
according  to  the  common  accep- 
tation of  language,  to  continue 
that  demand.  By  a  suit  com- 
menced by  an  individual  against 
a  State,  we  should  understand 
process  sued  out  by  that  individ- 
ual against  the  State,  for  the  pur- 
pose of  establishing  some  claim 
against  it  by  the  judgment  of  a 
Court,  and  the  prosecution  of  that 
suit  is  its  continuance.  Whatever 
may  be  the  stages  of  its  progress, 
the  action  is  still  the  same.  Suits 
had  been  commenced  in  the  Su- 
preme Court,  against  some  of  the 
States  before  the  amen  dment  was 


62 


ANNlJikL  REGISTER,  1830—31. 


introduced  into  Congress,  and 
otliers  might  be  commenced  be- 
fore it  should  be  adopted  by  tht 
State  legislatures,  and  might  be 
"depending  at  the  time  of  its  adop- 
tion. 

*  Tlie  object  of  the  amendment 
was  not  only  to  prevent  the  com- 
mencement of  future  suits,  but  to 
arrest   the  prosecution  of  those 
which  might  be  commenced  when 
this  article  should  form  a  part  of 
the  Constitution.     It,  therefore, 
.embraces  both   objects ;  and   its 
meaning  i«,  that  the  judicial  pow- 
er shall  not  be  construed  to  ex- 
tend to  any  suit  which  may  be 
commenced,  or  which,  if  already 
commenced,  may  be  prosecuted 
•against  a  State,  by  the  citizens  of 
another  State.     If  a  suit,  brought 
into  one  Court,  and  carried  by 
leeal   process    to    a   supervising 
Oourt,  be  a  continuation  of  the 
same  suit,  then  this  suit  is  not  com- 
menced  nor   prosecuted  against 
a  State.     It  is  clearly,  in  its  com- 
mencement, the  suit  of  a  Stale 
against  an  individual,  which  suit 
is  transferred  to  this  Court,  not 
for  the  purpose  of  asserting  any 
«.'laim  against  the  State,  but  for 
the  purpose  of  asserting  a  consti- 
tutional defence   against  a  claim 
made  by  a  State.' 

'Under  the  judiciary  act,  the 
•effect  of  a  writ  of  error  is  simply 
to  bring  the  record  into  Court 
and  submit  the  judgment  of  the 
inferior  tribunal  to  re-examination. 
It  -does  not  in  any  manner  act 
upon  the  parties  ;  it  acts  only  on 
the  record.  It  removes  the  re- 
cord into  the  supervising  tribunal. 
Where,  then,  a  State  obtains  a 
judgment  ngainst  an  individual, 
and   the   (]ourt   rendering   such 


judgment  overrules  a  defence  set 
up  under  the  Constitution  or  laws 
of  the  United  States,  the  transfer 
^f  this  record  into  the  Supreme 
Cc»jrt,  for  the  sole  purpose  of  in- 
quirui^  whether  the  judgment  vio- 
lates tht  Constitution  or  laws  of 
the  United  States,  can,  with  no 
propriety,  wt  think,  be  denomin- 
ated a  suit  coirmenced  or  prose- 
cuted against  Ufi-,  State,  whose 
judgment  is  so  far  re-examined. 
Nothing  is  demanded  from  the 
State.  No  claim  agair^t  it,  of 
any  description,  is  asseri^d  or 
prosecuted.  The  party  is  not  i^be 
restored  to  the  possession  of  any 
thing.  Essentially,  it  is  an  ap- 
peal on  a  single  point ;  and  the 
defend ent  who  appeals  from  a 
judgment  rendered  against  him, 
is  never  said  to  commence  or 
prosecute  a  suit  against  a  plaintiff 
who  has  obtained  the  judgment. 
The  writ  of  error  is  given  rather 
than  an  appeal,  because  it  is  the 
more  usual  mode  of  removing 
suits,  at  common  law ;  and  be- 
cause, perhaps,  it  is  more  tech- 
nically proper  where  a  single 
point  of  law,  and  not  the  whole 
case,  is  to  be  re-examined.  But 
an  appeal  might  be  given,  and 
might  be  so  regulated  as  to  affect 
every  purpose  of  a  writ  of  error. 
The  mode  of  removal  is  form, 
and  not  substance.  Whether  it 
be  by  writ  of  error  or  appeal,  no 
claim  is  asserted,  no  demand  is 
made  by  the  original  defendent  ; 
he  only  asserts  the  constitutional 
right  to  have  his  defence  examin- 
ed by  that  tribunal  whose  prov- 
ince it  is  to  construe  the  Consti- 
tution and  laws  of  the  Union.' 

*  The  only  part  of  the  proceed- 
ing, which  is  in  any  manner  per- 


JUDICIAL  SYSTEM. 


G3 


sonal,  is  the  citation.  And  what 
is  the  citation  ?  It  is  simply  no- 
tice to  the  opposite  party,  that  the 
record  is  transferred  into  another 
Court,  where  he  may  appear,  or 
decline  to  appear,  as  his  judgment 
or  inclination  may  determine. 
As  the  party  who  has  obtained  a 
judgment  is  out  of  Court,  and 
may,  therefore,  not  know  that  his 
cause  is  removed,  common  jus- 
tice requires  that  notice  of  the 
fact  should  be  given  him  ;  but 
this  notice  is  not  a  suit,  nor  has  it 
the  effect  of  process.  If  the  par- 
ty does  not  choose  to  appear,  he 
cannot  be  brought  into  Court, 
nor  is  his  failure  to  appear  con- 
sidered as  a  default.  Judgment 
cannot  be  given  against  him  for 
his  non-appearance ;  but  the  judg- 
ment is  to  be  re-examined  and 
reversed  or  affirmed,  in  like  man- 
ner as  if  the  party  had  appeared 
and  argued  his  cause.' 

'  The  point  of  view  in  which 
this  writ  of  error,  with  its  citation 
has  been  considered  uniformly  in 
the  Courts  of  the  Union,  has  been 
well  illustrated  by  a  reference  to 
the  course  of  this  Court  in  suits 
instituted  by  the  United  States. 
The  universally  received  opinion 
is,  that  no  suit  can  be  commenced 
or  prosecuted  against  the  United 
States ;  that  the  judiciary  act  does 
not  authorise  such  suits ;  yel  writs 
of  error,  accompanied  with  cita- 
tions, have  uniformly  issued  for 
the  removal  of  judgments  in  fa- 
vor of  the  United  States  into  a 
Superior  Court,  w4iere  they  have, 
like  those  in  favor  of  an  individ- 
ual, been  re-examined,  and  af- 
firmed or  reversed.  It  has  never 
been  suggested  that  such  writ  of 
error  was  a  suit  against  the  Unit- 


ed States,  and  therefore  not  with- 
in the  jurisdiction  of  the  appellate 
Court.' 

'  It  is,  then,  the  opinion  of  the 
Court,  that  the  defendent  who  re- 
moves a  judgment  rendered 
against  him  by  a  State  Court  in- 
to this  Court,  for  the  purpose  of 
re-examining  the  question  wheth- 
er that  judgment  be  in  violation 
of  the  Constitution  or  laws  of  the 
United  States,  does  not  com- 
mence or  prosecute  a  suit  against 
the  State ;  whatever  may  be  its 
opinion,  where  the  effect  of  the 
writ  may  be  to  restore  the  party 
to  the  possession  of  a  thing  which 
he  demands.' 

As  by  that  decision  the  Federal 
Judiciary  was  enabled  effectually 
to  vindicate  the  powers  of  the 
General  Government,  it  became 
the  particular  object  of  censure 
and  complaint  with  those,  who 
deemed  the  rights  of  the  States 
invaded.  The  present  Congress 
was  deemed  a  proper  one  to  dis- 
enthral the  States  from  the  yoke, 
which  had  thus  been  fastened  up- 
on them,  and  as  the  most  effec- 
tual mode  of  doing  this,  the  Judi- 
ciary committee  recommended 
the  repeal  of  the  twenty-fifth  sec- 
tion of  the  Judiciary  act.  This 
would  completely  emancipate  the 
State  Courts  from  the  control  of 
the  Federal  judiciary,  and  under 
the  specious  notion  of  maintaining 
State  sovereignty,  the  treaties  and 
the  Constitution  of  the  United 
States,  would  be  construed  ac- 
cording to  the  fluctuating  interests 
or  caprices  of  the  twenty-four  in- 
dependent States  forming  this 
confederacy. 

In  opposition  to  this  report  and 
bill,  the  minority  of  the  commit- 


64 


ANNUAL  REGISTER,  1830—31. 


tee  submitted  a  counter  report, 
and  upon  reading  the  bill  of  the 
committee  Mr  Doddridge  mov- 
ed, that  it  be  rejected  without  al- 
lowing it  a  second  reading.  After 
some  desultory  conversation,  the 
second  reading  was  postponed  un- 
til the  29th  of  January,  when  the 
subject  again  coming  before  the 
House,  the  previous  question  was 
ordered,  and  the  main  question 
being  put,  *  shall  this  bill  be  re- 
jected,' it  was  carried  Ayes  137, 
Nays  51. 

Yeas — Messrs  Anderson,  Arm- 
strong, Arnold,  Bailey,  Noyes 
Barber,  John  S.  Barbour,  Bar- 
ringer,  Bartley,  Bates,  Baylor, 
Beekman,  J.  Blair,  Bockee, 
Boon,  Borst,  Brodhead,  Brown, 
Buchanan,  Burges,  Butman,  Ga- 
boon, Chilton,  Clark,  Condict, 
Cooper,  Coulter,  Cowles,  Craig, 
Crane,  Crawford,  Crockett, 
Creighton,  Crocheron,  Crownin- 
shield,  John  Davis,  Deberry, 
Denny,  De  Witt,  Dickinson,  Dod- 
dridge, Dorsey,  Drayton,  D wight, 
Eager,  Earll,  Ellsworth,  G.  Ev- 
ans, Joshua  Evans,  Edward  Ev- 
erett, Findlay,  Finch,  Forward, 
Fry,  Gilmore,  Gorham,  Green, 
Grennell,  Gurley,  Halsey,  Hemp- 
hill, Hodges,  Holland,  Hoffman, 
Hubbard,  Hughes,  Hunt,  Hunt- 
ington, Ihrie,  Ingersoll,  Thomas 
Irwin,  William  W.  Irvin,  Johns, 
Cave  Johnson,  Kendall,  Kennon, 
Kincaid,  Perkins  King,  Adam 
King,    Leavitt,     Leiper,     Lent, 


Letcher,  Magee,  Mallary,  Mar- 
tindale,  Lewis  Maxwell,  Mc- 
Creery,  McDuffie,  Mclntire,  Mer- 
cer, Miller,  Mitchell,  Monell, 
Muchlenburg,  Norton,  Pierce, 
Pierson,  Powers,  Reed,  Richard- 
son, Rose,  Russell,  Sanford, 
Scott,  William  B.  Shephard,  Aug. 
H.  Shepperd,  Shields,  Sill, 
Speight,  Ambrose  Spencer,  Rich- 
ard Spencer,  Sprigg,  Standefer, 
Sterigere,  Henry  R.  Storrs,  Wm 
L.  Storrs,  Strong,  Sutherland, 
Swann,  Swift,  Taylor,  Test,  J. 
Thomson,  Vance,  Varnum,  Ver- 
planck,  Vinton,  Washington, 
Weeks,  Whittlesey,  C.  P.  White, 
Edward  D.  White,  Williams, 
Wilson,   Wingate,  Young — 137. 

Nays — Messrs  Alexander,  Al- 
len, Alston,  Angel,  Barnwell,  Bell, 
James  Blair,  Bouldin,  Cambre- 
leng,  Campbell,  Chandler,  Clai- 
borne, Clay,  Coleman,  Conner, 
Daniel,  Davenport,  W.  R.  Davis, 
Desha,  Draper,  Foster,  Gaither, 
Gordon,  Hall,  Harvey,  Haynes, 
Hinds,  Jarvis,  Richard  M.  John- 
son, Lamar,  Lecompte,  Lewis,. 
Loyall,  Lumpkin,  Lyon,  Martin, 
Thomas  Maxwell,  McCoy,  Nuc- 
kolls, Overton,  Patton,  Pettis, 
Polk,  Potter,  Roane,  Wiley 
Thompson,  Trezvant,  Tucker, 
Wickliffe,  Wilde,  Yancy— 51. 

So  the  bill  was  rejected,  and 
the  constitutional  powers  of  the 
Supreme  Court  of  the  United 
States,  vindicated  and  maintained. 


CHAPTER    V 


Distinction  between  Federal  and  State  Governments. — Prospects  of 
the  Country, —  Commerce. — Manufactures. — Internal  Improve- 
ment.— Policy  of  Federal  Government. — History  of  Policy. — 
Madison's  Veto. —  Course  of  Congress. — Monroe's  Veto. — Act  of 
April,  1824. —  Objects  of  Act. — Policy  of  Adams'  Administra- 
tion.— Progress  of  Internal  Improvement. —  Course  of  Jackson's 
Administration. —  Veto. — Bills  retained. — Grounds  of  Objec- 
tion.— Report  of  Committee  on  Internal  Improvement. — Debate 
in  House. —  Congress  acts  in  opposition  to  sentiments  of  Presi- 
dent.— President  yields  to  Congress. 


The  entire  want  of  any  settled 
policy  in  the  management  of  do- 
mestic affairs,  which  has  been  be- 
fore mentioned  as  characterising 
the  present  administration,  did 
not  so  materially  affect  the  general 
course  of  the  business  and  pros- 
perity of  the  country  as  might  nat- 
urally have  been  expected.  When 
a  principle  is  once  adopted  by  the 
Government  of  this  country,  as  a 
rule  of  action,  although  not  follow- 
ed out  by  the  administration  suc- 
ceeding that  which  adopts  it,  an 
impulse  is  given  to  the  public 
mind  ;  and  the  distribution  of  po- 
litical power  among  the  Federal 
and  State  Governments  affords 
many  opportunities  of  carrying 
that  policy  into  effect,  even  in  the 
absence  of  all  action  on  the  part 
of  the  Federal  Government.  The 
action  of  the  State  Governments 
becomes  still  more  important, 
when  we  regard  those  subjects 
peculiarly  within  their  jurisdiction. 
The  ordinary  administration  of 
criminal  and  civil  jurisprudence  ; 


all  legislation  concerning  corpora- 
tions, the  private  relations  of  socie- 
ty, as  between  master  and  servant, 
parent  and  child,  man  and  wife, 
guardian  and  ward ;  concerning 
real  estate,  wills,  contracts,  evi- 
dence, civil  rights  ;  and  generally 
all  municipal  legislation,  exclusive- 
ly belong  to  the  State  Govern- 
ments. 

Any  mal-administration  of  the 
Federal  Government  does  not 
consequently  affect  at  once  the 
community  at  large.  Its  duty  is 
chiefly  confined  to  the  manage- 
ment of  topics  of  national  concern, 
as  the  defence  of  the  Union,  the 
administration  of  the  impost  sys- 
tem, the  public  domains,  the  for- 
eign relations,  and  those  powers 
which,  for  the  sake  of  ensuring 
tranquillity  and  of  giving  union  to 
the  confederacy,  were  confided  to 
the  national  Government.  Unless 
these  aflfairs  are  so  managed  as  to 
glaringly  shock  the  pubfic  feeling, 
no  great  excitement  is  likely  to 
be  produced  in  the  body  of  the 


66 


ANNUAL  REGISTER,  1830—31. 


community,  unless  the  national 
honor,  the  public  faith,  or  the  in- 
tegrity of  the  Constitution,  be  com- 
promitted  by  those  in  the  direction 
of  the  Federal  Government. 

Tiie  tranquillity  of  the  Union 
being  preserved,  individual  indus- 
try can  be  successfully  exerted  in 
extending  the  dominion  of  civiliz- 
ed man  over  the  wilderness,  and 
in  improving  and  cultivating  what 
is  already  settled. 

These  remarks  were  strikingly 
illustrated  by  the  advancing  pros- 
perity of  the  United  States,  during 
the  period  under  consideration. 
Although  the  policy  of  the  admin- 
istration was  to  suffer  the  country 
to  move  on  under  the  impulse 
previously  given,  and  not  to  com- 
mit itself  by  originating  or  prose- 
cuting any  policy  of  its  own ;  no- 
thing was  to  be  found  by  the  su- 
perficial observer  indicating  the 
neglect  of  the  government,  and 
the  great  and  increasing  prosperity 
of  almost  every  branch  of  indus- 
try sufficiently  demonstrated,  that 
no  intense  and  general  distress 
would  prove  an  auxiliary  to  the 
opponents  of  the  administration. 

The  prevalence  of  a  long  and 
general  peace  had  allowed  capital 
in  all  parts  of  the  world  to  become 
invested  in  those  employments, 
which  yielded  certain  and  ade- 
quate returns ;  and  the  temporary 
checks  to  overtrading  in  particular 
branches  of  industry  having  pro- 
duced their  proper  effects,  com- 
merce revived  and  was  prosecuted 
with  unwonted  activity.  The 
year  1830-1831  was  a  period  of 
extraordinary  prosperity.  The 
tonnage  of  the  United  States  en- 
gaged in  foreign  trade,  which  had 
been  constantly  augmenting  since 


1790  at  an  average  rate  of  in- 
crease of  8,000  tons  per  annum, 
were  apparently  diminished  in 
1830,  by  a  correction  in  the  re- 
turns of  the  treasury,  from  which 
were  stricken  the  vessels  broken 
up,  sold  or  shipwrecked,  had 
however  increased  within  the  year 
beyond  the  average  increase.  The 
tonnage  employed  in  the  coasting 
trade  shewed  an  average  increase, 
since  1790,  of  more  than  10,000 
tons  per  annum,  and  a  large  in- 
crease, during  the  year  1S30. 
Freights  advanced  nearly  double 
to  what  they  had  been  for  many- 
years,  and  the  demand '  for  new 
vessels  produced  unusual  activity 
in  the  ship  building  districts  of  the 
United  States. 

This  prosperity  of  the  navigat- 
ing interest  was  only  an  evidence 
of  the  improving  condition  of  the 
country,  and  not  a  consequence 
of  any  temporary  and  partial  en- 
couragement of  that  branch  of  in- 
dustry. The  exportation  of  grain 
and  of  flour,  during  the  year  1831, 
was  double  the  average  exporta- 
tion of  those  articles  during  the 
ten  preceding  years : — that  of  flour 
and  meal  amounting  to  2,028,460 
barrels,  and  that  of  grain  being 
972,145  bushels;  and  the  total 
exportations  from  the  United 
States,  during  that  year,  amount- 
ed to  $81,31 0,583,  while  the  im- 
portations for  the  same  period 
amounted  to  the  extraordinary 
sum  of  $103,191,124. 

The  manufacturers  and  agri- 
culturists were  equally  favored  by 
circumstances,  and  shared  in  the 
general  prosperity. 

The  prices  of  the  chief  articles 
of  domestic  manufacture  and  of 
agricultural  produce  advanced  al- 


PROSPERITY  OF  THE  COUNTRY. 


67 


most  in  the  same  ratio,  and  the 
stimulus  of  high  prices  encouraged 
an  extension  of  the  manufacturing 
establishments,  and  authorised  new 
investments  in  agriculture. 

The  increase  in  the  manufac- 
ture of  iron  amounted  to  21,000 
tons  during  the  year  1830 — the 
quantity  of  that  article  during  the 
year  made  at  the  furnaces  and 
bloweries  in  operation  in  the  Unit- 
ed States  amounting  to  more  than 
1 50,000  tons  ;  while  the  quantity 
imported  the  same  year  amounted 
to  only  36,000  tons.  The  steel 
furnaces  in  operation  produced  in 
the  same  year  about  1,600  tons 
of  that  material^ — a  quantity  equal 
to  about  one-half  of  the  consump- 
tion of  the  country.  The  manu- 
facture of  cotton  and  woollen  fab- 
rics indicated  a  still  greater  state 
of  advancement,  and  the  former 
began  to  form  a  large  item  in 
the  exportations  from  the  United 
States. 

In  the  year  ending  September 
30th,  1830,  the  treasury  returns 
shewed  an  exportation  of  Ameri- 
can cottons  amounting  in  value  to 
$1,318,183,  and  the  number  of 
factories  in  a  course  of  establish- 
ment, gave  reason  to  conclude 
that  it  would  speedily  become  one 
of  the  most  important  branches 
of  American  industry. 

Still  greater  evidences  of  the 
general  prosperity  of  the  country 
were  afforded  by  the  works  of  in- 
ternal improvement, undertaken  in 
all  parts  of  the  country.  The  ex- 
traordinary success  of  the  New 
York  canals,  had  stimulated  the 
citizens  of  other  States  to  action, 
and  the  encouragement  extended 
towards  every  rational  plan  of  im- 
proving the  means  of  internal  in- 


tercourse by  the  late  administra- 
tion, and  the  direct  aid  given  to 
this  policy  by  the  surveys  and  ex- 
aminations made  under  the  act  of 
April  30th,  1824,  had  greatly 
contributed  to  fix  public  attention 
upon  this  important  subject. 

This  act  was  justly  regarded 
as  a  decisive  indication  of  the  fu- 
ture policy  of  the  general  Govern- 
ment. Circumstances  had  re- 
tarded the  adoption  of  that  policy 
until  that  year. 

Some  movements  v^ere  indeed 
made  at  an  early  period,  with  a 
view  to  the  action  of  the  govern- 
ment on  this  subject.  In  1796, 
Mr  Madison  proposed  a  resolu- 
tion to  cause  a  survey  to  be  made 
for  a  road  from  north  to  south 
through  all  the  Atlantic  States  ; 
and  shortly  after  the  commence- 
ment of  Mr  Jefferson's  adminis- 
tration, a  law  was  passed  (May 
1st,  1802)  authorising  roads  to  be 
made  in  the  northwest  Territory. 
A  survey  was  also  began  of  a  road 
from  Washington  to  New  Orleans, 
and  appropriations  were  made  for 
roads  from  Nashville  to  Natchez, 
and  a  survey  of  the  coast.  In 
1806,  Congress  authorised  the 
construction  of  the  Cumberland 
road — the  first  great  national  work 
opening  an  avenue  over  the  moun- 
tains to  the  Western  States. 

The  next  year,  Mr  John  Quin- 
cy  Adams,  then  a  senator  from 
Massachusetts,  moved  a  resolu- 
tion asking  for  information  with 
reference  to  a  digested  plan  for 
the  internal  improvement  of  the 
country.  This  resolution  elicited 
Mr  Gallatin's  celebrated  report, 
in  which  the  capacity  of  the  Unit- 
ed States  for  internal  communi- 
cations is  fully  pourtrayed.     Our 


68 


ANNUAL  REGISTER,  1830—31. 


unsettled  relations  with  France 
and  England,  resulting  in  a  war 
with  the  latter  power,  prevented 
the  commencement  of  the  plan 
proposed  in  that  report ;  and  the 
debt  contracted  during  the  war, 
warned  the  Federal  Government 
against  incurring  any  new  liabili* 
ties  until  after  the  discharge  of 
the  old.  Previous  however  to  the 
war,  an  appropriation  was  made 
for  a  survey  of  the  main  post  road 
on  the  Atlantic  coast  from  Geor- 
gia to  Maine. 

The  necessity  of  internal  im- 
provements of  a  national  charac- 
ter, was  rendered  so  obvious  by 
the  experience  of  that  war,  that 
strenuous  efforts  were  made  to 
authorise  the  construction  of  some 
of  the  most  important  works 
of  that  character.  New  York 
having  been  the  chief  theatre  of 
the  operations  of  our'armies,  was 
most  strongly  convinced  of  this 
necessity;  and  Mr  Clinton,  as 
one  of  the  leading  men  of  that 
State,  finally  succeeded  in  pro- 
curing the  passage  of  a  law,  by 
the  State  legislature,  authorising 
the  preliminary  steps  towards  the 
construction  of  the  great  western 
canal.  While  these  events  were 
transpiring  in  that  State,  Congress 
was  acting  in  reference  to  the 
same  subject,  and  on  the  1 6th  of 
February,  1816,  Mr  Calhoun 
moved  the  appointment  of  a  com- 
mittee to  inquire  into  the  expedi- 
ency of  setting  apart  the  United 
States'  bank  bonus  and  dividends, 
as  a  permanent  fund  for  internal 
improvement.  A  bill  to  this  ef- 
fect was  reported,  and  after  an 
ineffectual  attempt  to  render  the 
application  of  the  funds  by  Con- 
gress subject  to  the  assent  of  the 


States,  it  was  passed  at  the  next 
session  and  submitted  to  the  Pres- 
ident for  his  approval.  This  bill 
was  rejected  by  Mr  Madison,  on 
the  ground  that  under  the  Consti- 
tution, Congress  had  not  the  pow- 
er to  construct  roads  and  canals, 
or  to  improve  the  navigation  of 
water-courses. 

The  bill  being  returned  to  the 
house  of  representatives  on  the 
3d  of  March,  1817,  there  still 
appeared  upon  re-consideration, 
a  majority  of  sixty  to  fifty-six  in 
favor  of  its  passage.  Mr  Monroe 
was  then  Secretary  of  State  and 
President  elect ;  and  in  his  mes- 
sage to  the  succeeding  Congress, 
he  declared  his  views  on  this 
question  to  coincide  with  his  pre- 
decessors. This  part  of  his  mes- 
sage was  referred  to  a  committee, 
which  reported  a  resolution  in 
opposition  to  the  views  of  the 
message.  After  negativing  an 
attempt  to  limit  the  power  of 
Congress,  by  making  these  ap- 
propriations subject  to  the  assent 
of  States,  the  resolution  was  pass- 
ed, ninety  affirmative,  seventy-five 
negative,  declaring  Congress  to 
have  power  under  the  Constitu- 
tion, to  appropriate  money  for  the 
construction  of  post,  military,  and 
other  roads,  and  for  the  improve- 
ment of  water-courses. 

The  policy  thus  sanctioned  by 
the  House  of  Representatives,con- 
tinued  to  be  acted  upon  by  Con- 
gress during  the  whole  of  Mr 
Monroe's  administration  ;  and  ap- 
propriations were  made  for  sur- 
veys and  roads  in  the  interior,  as 
well  as  for  improving  the  naviga- 
tion of  the  harbors  and  rivers  on 
the  Atlantic  coast. 

A  check  was  indeed  given  to 


INTERNAL  ilviVRO YEMEN' T. 


CD 


this  policy  by  the  veto  to  the  bill 
authorising  the  collection  of  tolls 
for  the  preservation  and  repair  of 
the  Cumberland  road  in  1822. 
In  his  message  justifying  this  veto, 
Mr  Monroe  seemed  to  be  of  opin- 
ion, that  although  Congress  might 
make  appropriations  for  the  pur- 
poses of  internal  improvement 
with  the  consent  of  the  States 
through  which  the  road  or  canal 
was  to  pass,  it  had  not  that  com- 
plete right  of  jurisdiction  and  sov- 
ereignty over  the  soil,  which  was 
required  for  the  legal  exaction  of 
tolls. 

The  expression  of  this  opinion 
did  not  materially  change  the  ac- 
tion of  Congress,  for  although  on 
the  reconsideration  of  the  bill  for 
the  collection  of  toll,  the  ayes 
stood  sixtyeight,  to  seventytwo 
nays ;  a  select  committee  was 
raised  the  same  session,  which 
reported  a  bill  to  procure  the  ne- 
cessary surveys,  plans,  and  esti- 
mates for  such  roads  and  canals, 
as  the  President  might  deem  of 
importance  in  a  commercial  or 
military  point  of  view,  for  the 
transportation  of  the  mail.  In 
1823  this  bill  was  partially  acted 
upon,  and  April  30th,  1824,  it 
became  a  law. 

As  this  law  appropriated  f  30,- 
000  for  those  surveys,  and  also 
authorised  the  employment  of  the 
engineer  corps  in  carrying  the 
objects  of  the  act  into  effect,  it 
was  justly  regarded  as  the  delib- 
erate adoption  of  a  system  of  in- 
ternal improvement.  Its  objects 
were  to  obtain  information  and  an 
accurate  knowledge  of  the  topo- 
graphy of  the  Union,  by  the  ex- 
amination of  scientific  men,  un- 
der the  direction  of  the  President ; 
7 


and  to  lay  a  solid  foundation  ior 
the  improvement  of  the  country, 
by  the  direct  action  of  the  General 
Government, — reserving  to  Con- 
gress the  power  to  select  the 
routes  of  the  highest  national  im- 
portance to  be  first  executed. — 
The  direction  to  submit  the  esti- 
mates to  that  body,  plainly  indi- 
cated that  it  was  the  intention  of 
the  legislature  to  act  upon  the 
subject ;  and  the  sanction  given 
by  Mr  Monroe  to  this  bill,  show- 
ed, that  he  had  yielded  the 
scruples  entertained  at  the  com- 
mencement of  his  administra- 
tion, to  the  current  of  public 
opinion. 

Under  this  act,  many  parts  of 
the  country  were  explored,  whose 
capacities  for  improvement  were 
previously  unknown. 

The  accession  of  Mr  Adams 
to  the  presidency  shortly  after  the 
passage  of  this  act,  imparted  a 
new  stimulus  to  the  progress  of 
internal  improvement.  The  dif- 
ficulty of  reconciling  the  preten- 
sions and  ir^terests  of  adjoining ' 
States,  and  of  inducing  them  to 
join  in  constructing  works  of  gen- 
eral importance,  had  been  strong- 
ly impressed  upon  his  mind  dur- 
ing his  long  service  in  the  Federal 
Councils ;  and  he  felt  the  neces- 
sity of  exercising  the  powers 
vested  in  the  Government  of  the 
United  States,  in  order  to  prevent 
local  jealousies  from  obstructing 
the  development  of  the  resources 
and  capacities  of  the  nation. 

Consequently  upon  first  assum- 
ing the  administration  of  the  Gov- 
ernment, he  frankly  avowed  his 
convictions,  and  his  willingness  to 
co-operate  with  Congress,  in  ap- 
plying the  surplus  revenue  to  the 


70 


ANNUAL  RE(iISTER,  1830—31. 


internal  improvement  of  the  coun- 
try. 

This  decided  expression  of 
opinion  on  the  part  of  the  Execu- 
tive, was  not  met  by  Congress  in 
a  corresponding  spirit.  The  op- 
position to  his  administration  was 
sufficiently  strong  to  prevent  a 
cordial  co-operation  in  the  legis- 
lature. Still,  however,  appropri- 
ations were  made  for  various  roads 
and  canals ;  break-waters,  piers, 
and  dry  docks,  were  authorised  ; 
the  navigation  of  harbors  and  riv- 
ers was  improved  ;  and  a  strong 
impulse  was  given  to  the  public 
mind,  by  the  action  of  Congress 
in  behalf  of  internal  improvement. 

States  were  awakened  from 
their  lethargy,  and  aided  by  the 
scienti6c  researches  of  the  engin- 
eers, individuals  associated  them- 
selves as  incorporated  companies 
for  the  improvement  of  the  chan- 
nels of  internal  intercourse. 

Aided  by  the  subscription  of 
the  Federal  Government,  a  canal 
for  sloop  navigation  was  con- 
structed between  the  Chesapeake 
and  Delaware  bays.  The  Dis- 
mal Swamp,  and  the  Chesapeake 
and  Ohio  Canals,  and  that  round 
the  falls  of  the  Ohio,  were  equally 
indebted  to  its  countenance  and 
aid.  Stimulated  by  the  general 
feeling  prevailing  in  the  Union, 
the  State  of  Pennsylvania  adopt- 
ed an  extensive  system  of  inter- 
nal improvement,  with  a  view  of 
connecting  Philadelphia  by  means 
of  canals  and  rail  roads  with  the 
Ohio,  and  also  of  facilitating  the 
transportation  of  coal  from  the 
anthracite  mines  in  the  interior  of 
that  State  to  the  sea-board. 

Ohio  also  commenced  the  con- 
struction of  canals  between  the 


Ohio  and  Lake  Erie,  and  the 
Ohio  and  the  navigable  part  of 
the  great  Miami  river. 

The  Federal  Government  hav- 
ing shown  its  willingness  to  afford 
assistance  to  works  protected  by 
individual  enterprise,  with  the 
hope  of  receiving  support  so  lib- 
erally bestowed,  other  important 
undertakings  were  commenced 
by  companies  incorporated  by  the 
State  legislatures.  Two  canals 
between  the  Hudson  and  Dela- 
ware rivers  through  New  Jersey, 
one  by  way  of  Morristown  and 
the  other  through  the  State  of 
New  York  ;  and  various  others  of 
less  importance  were  commenced 
in  other  parts  of  the  Union. 

Many  rail  roads  were  under- 
taken in  places  where  the  face  of 
the  country  prevented  canals; 
and  the  liberal  course  adopted  by 
the  Federal  Government  during- 
the  administration  of  Mr  Adams, 
now  began  to  produce  the  results 
contemplated,  in  exciting  a  gen- 
eral spirit  to  improve  commu- 
nications of  internal  intercourse 
between  the  Atlantic  and  the 
West,  and  to  connect  the  num- 
berless navigable  streams  which 
intersect  every  State  of  the  Un- 
ion. 

Although  a  strong  impulse  was 
thus  given  to  the  public  mind  by 
the  action  of  Congress,  no  com- 
prehensive and  consistent  policy 
could  be  adopted  and  carried  into 
effect  by  the  government,  while 
the  executive  was  without  the 
cordial  support  of  the  legislative 
department. 

A  portion  of  the  opposition  had 
strongly  objected  to  the  continu- 
ance  of  Mr  Adams  in  office,  on 
the  ground  of  his  favoring  what 


INTERNAL  IMPROVEMENT. 


71 


ihey  termed  a  wasteful  and  ex- 
travagant expenditure  of  public 
monies  for  such  objects ;  and 
they  formed  so  large  a  part  of 
that  party,  that  President  Jackson 
found  himself  compelled  in  some 
measure  to  yield  to  their  views, 
and  after  leaving  the  community 
more  than  a  year  in  doubt,  wheth- 
er he  intended  to  act  according 
to  the  principles  avowed  by  him 
when  in  the  Senate  of  the  United 
States,  or  upon  the  principle  of 
reform  promised  in  the  adminis- 
tration of  the  Government,  he 
promulgated  his  views  upon  this 
question  in  his  message  to  Con- 
gress rejecting  the  Maysville  and 
Lexington  road  bill. 

In  this  message,  he  declared 
Congress  to  have  no  power  to 
construct  or  promote  any  works 
of  internal  improvement  within 
the  limits  of  a  State,  provided  the 
jurisdiction  of  the  territory  occu- 
pied by  them  be  necessary  for 
their  preservation  and  use.  In 
aid  of  works  undertaken  by  State 
authority,  he  thought  Congress 
had  acquired  the  authority  by  the 
practical  construction  given  to  the 
Constitution,  to  appropriate  mon- 
ey, provided  such  works  were  of 
a  national  character  and  the  claim 
of  jurisdiction  were  surrendered. 

The  term  national,  was  too  in- 
definite in  its  application  to  afford 
a  very  exact  criterion  of  the  lim- 
its within  which  the  President 
intended  to  confine  the  powers  of 
Congress  on  this  point,  and  as 
two  bills  of  a  similar  character  to 
those  rejected,  were  retained  by 
him  for  deliberate  examination  at 
the  close  of  the  first  session  of 
the  twentyfirst  Congress,  a  lively 
expectation  was  entertained,  that 


the  message  at  the  commence- 
ment of  the  next  session,  would 
lay  down  some  clear  and  intelligi- 
ble maxims  by  which  tl)e  admin- 
istration was  to  be  governed  on 
the  subject  of  internal  improre- 
ment. 

One  of  these  bills  was  to  au- 
thorise a  subscription  for  stock  in 
the  Louisville  and  Portland  canal 
company ;  the  other  made  ap- 
propriations for  building  light- 
houses, light-boats,  beacons,  and 
monuments,  placing  buoys,  and 
for  improving  harbors,  and  direct- 
ing surveys. 

Bills  of  a  similar  character  to 
the  former,  had  been  sanctioned 
by  both  his  immediate  predeces- 
sors ;  and  the  light-house  bill  did 
not  differ  in  principle  from  the 
bill  in  relation  to  the  same  sub- 
jects, which  had  been  annually 
passed  since  the  organisation  of 
the  government,  and  gradually  ex- 
tended to  the  objects  enumerated 
in  the  title,  as  the  developing 
wants  of  the  country  had  increas- 
ed, when  no(  obstacle  had  been  in- 
terposed on  account  of  the  con- 
dition of  the  public  finances. 

These  bills  were  now  returned 
to  Congress,  and  the  President,  in 
his  message,  stated  the  reasons 
which  induced  him  to  withhold 
his  assent  to  them. 

After  objecting  to  the  multipli- 
cation of  light-houses,  and  the 
want  of  system  in  establishing 
them,  the  message  states  that  an 
assent  would  have  been  given  to 
a  bill  making  direct  appropriations 
for  such  objects ;  but  that  in  the 
bill  returned,  there  were  various 
appropriations  for  surveys  of  a 
local  character,  and  that  on  that 
account   the   bill  was   returned. 


ANNUAL  REGISTER,  1830—31. 


The  canal  bill  was  declared  to 
to  be  rejected,  simply"*  on  the 
ground  of  its  being;  inexpedient 
for  the  Government  to  become 
interested  in  the  stock  of  compa- 
nies incorporated  to  construct 
roads  and  canals.  All  improve- 
ments effected  by  public  funds, 
he  thought,  should  be  open  to  the 
enjoyment  of  all  the  people  free 
of  tolls,  and  that  if  the  govern- 
ment were  allowed  to  become  in- 
terested in  the  stock  of  road  and 
canal  companies,  it  would  ulti- 
mately change  the  character  of 
the  Government  by  too  great  an 
extension  of  the  Federal  powers. 

The  message  then  went  on  to 
state  the  objections  of  the  Presi- 
dent to  the  power  of  making  in- 
ternal improvements  as  exercised 
by  the  national  Government ;  and 
recommended  the  distribution  of 
the  surplus  funds  in  the  national 
treasury  among  the  States,  in  pro- 
portion to  the  number  of  their 
representativ^es,  to  be  applied  by 
them  to  objects  of  internal  im- 
provement. 

The  proposition  was  generally 
regarded  as  evidence  of  the  hos- 
tility of  the  President  to  the  whole 
policy  ;  and  that  part  of  his  mes- 
sage being  referred  to  the  com- 
mittee on  internal  improvement, 
a  report  was  brought  in  by  Mr 
Hemphill,  on  the  10th  of  Feb- 
ruary, 1831,  strongly  and  point- 
edly condemning  the  views  con- 
tained in  the  message,  and  con- 
cluding with  a  resolution,  that  it  is 
expedient  for  the  General  Gov- 
ernment to  continue  to  prosecute 
internal  improvements  by  direct 
appropriations  of  money,  or  by 
subscriptions   for  stock  in  com- 


panies incorporated  in  the  respec- 
tive States. 

This  mtimation  on  the  part  of 
the  friends  of  internal  improve- 
ment of  their  determination  to 
act  on  that  question  in  defiance  of 
the  opinions  of  the  President,  was 
followed  up  by  the  introduction  of 
several  bills  for  the  internal  im- 
provement of  the  country. 

The  first  of  these  bills  was  one 
making  appropriations  for  the  im- 
provement of  harbors,  and  re- 
moving obstructions  in  rivers, 
which  was  reported  to  the  House 
on  the  18th  of  January,  and  taken 
up  for  consideration  on  the  17th 
of  February,  in  the  committee  of 
the  whole.  The  next  day,  when 
the  bill  was  taken  up  in  the  House, 
Mr  Lea  rose  and  said,  that  he 
wished  to  know  the  sense  of  the 
House  on  this  measure.  He 
wished  to  know  what  was  meant 
by  this  sort  of  external  internal 
improvement.  He  wished  to  know 
how  high  up  a  river  it  was  con- 
sidered constitutional  to  go,  widi- 
out  coming  in  conflict  with  the 
objectionable  principle,  and  how 
far  the  House  could  carry  a  dis- 
tinction, which  he  himself  could 
not  see  nor  approve.  He  could 
see  no  difference  between  appro- 
priations for  harbors  and  the 
mouths  of  rivers,  and  appropria- 
tions for  the  improvement  of  the 
interior  of  the  country.  He,  there- 
fore, asked  for  the  yeas  and  nays 
on  the  engrossment  of  this  bill. 

Mr  Carson  said  he  felt  that  on 
the  subject  of  internal  improve- 
ment it  was  perfectly  useless  to 
say  a  word.  The  bill  proposed 
\farious  objects  of  expenditure  for 
harbors,  he.   What  evidence  was 


INTERNAL  IMPROVEMENTS. 


73 


there  of  their  necessity — not  to 
speak  of  their  constitutionality. 
But  he  knew  of  no  evidence,  that 
the  improve^ments  were  needed, 
admitting  their  legality.  He  went 
through  all  the  items  to  show  that 
many  of  them  were  unworthy  of 
legislation,  and  some  of  them  con- 
temptible. He  protested  against 
them,  and  said  that  the  items  for 
his  own  State  should  not  seduce 
him  to  vote  for  ths  bill. 

Messrs  Irvin  and  Whittlesey  de- 
fended the  appropriation  in  refer- 
ence to  the  waters  of  Lake  Erie, 
showing  their  importance  to  the 
commerce  of  the  West,  the  great 
extent  of  the  commerce  of  the 
lake  ;  the  deficiency  of  natural 
harbors  on  it,  and  the  necessity 
of  forming  them,  Sic.  Mr  Sill 
also  defended  at  some  length  the 
appropriation  for  the  harbor  of 
Erie, 

Mr  McDuffie  begged  the  friends 
of  the  bill  not  to  consume  the 
time  of  the  House  in  making 
speeches  against  an  opposition  so 
untenable,  that  it  could  not  cer- 
tainly gain  thirty  votes.  The  bill 
embraced  no  new  objects,  it  em- 
braced such  only  as  former  appro- 
priations authorised,  or  standing 
laws  required,  and  every  item  had 
been  examined  and  approved  by 
a  committee.  He  hoped,  there- 
fore, that  the  debate  would  be 
left  entirely  to  the  enemies  of  the 
bill. 

Mr  Carson  replied,  and  reite- 
rated his  objections  to  the  bill,  on 
the  score  of  expediency  and  prin- 
ciple. 

Mr  Drayton  said  that  most  of 
the  items  were  proper,  but  there 
were  some  which  he  deemed  un- 
7* 


constitutional.  He  could  not  vole 
for  the  bill. 

The  question  was  taken  on  the 
third  reading  of  the  bill,  and  car- 
ried, 113  to  45. 

On  the  19th  of  February,  the 
bill  was  read  a  third  time  and  the 
question   being   on   its    passage, 

Mr  Carson  rose  and  said,  the 
liberties  of  the  country  were  by 
this  bill  put  up  for  sale,  and  that 
for  one  he  would  not  be  bribed 
to  vote  for  it. 

Mr  Barringer  said  he  was  sorry 
ta  hear  such  language  from  his 
colleague.  This  was  a  strange 
declaration — that  in  a  bill  of  the 
most  usual  and  customary  char- 
acter— to  promote  the  commerce 
and  revenue  of  the  country — 
which  had  been  regularly  provided 
for  every  year,  without  anybody's 
dreaming,  that  it  was  a  violation 
of  the  Constitution — to  hear  it 
proclaimed  now  that  it  was  selling; 
the  liberties  of  the  country  !  The 
principle,  Mr  Barringer  said,  had 
never  been  denied,  that  where  the 
commerce  of  the  country  could  be 
facilitated  or  increased,  and  the 
revenue  derived  therefrom  was 
received  exclusively  by  the  Gen- 
eral Government,  that  it  was  with- 
in the  province  of  the  Government 
to  make  the  improvement ;  and 
this  w^as  strictly  and  peculiarly  the 
case  with  harbors,  and  the  mouths 
of  rivers,  where  obstructions  im- 
peded or  endangered  the  naviga- 
tion. This  was  a  species  of  im- 
provement, which  it  had  never 
been  contended  devolved  on  the 
States  themselves.  They  had 
been  executed  by  the  General 
Government  from  the  beginning 
of  the  Government ;  at  least  such 


74 


ANNUAL  REGISTER,  1830—31. 


hadlbeen  the  action  of  Congress 
ever  since  he  had  been  here,  and 
the  action,  he  believed,  of  those 
who  had  gone  before  us.  North 
Carolina  had  petitioned  for  the 
improvement  of  Roanoke  inlet. 
This  object  was  in  no  way  differ- 
ent from  the  objects  in  this  bill. 
North  Carolina  had  petitioned 
Congress  for  the  improvement  of 
Ocracock  and  the  Cape  Fear  in- 
lets, and  all  her  delegation  had 
supported  the  application.  It  had 
been  frequently  before  the  House, 
and  none  of  them  had  discovered 
that  it  was  unconstitutional ;  and 
now,  because  these  objects  are 
embraced  in  this  bill,  are  we,  who 
vote  for  it,  to  be  charged  with  be- 
ing bought  uj)  ?  He  had  voted  for 
such  a  bill  every  year,  when  these 
objects  were  not  included,  and  he 
should  have  voted  for  it  now,  if 
they  had  been  excluded.  He 
protested  against  such  injurious 
imputations. 

Mr  Carson  said,  in  ancient  times 
the  Roman  leaders  bought  up  the 
liberties  of  the  people  with  the 
spoils  of  the  conquered  provinces  : 
and  this  policy  of  internal  improve- 
ment and  the  high-handed  tariff 
were  the  means  with  which  the 
liberties  of  this  people  were  to  be 
bought  up.  His  colleague  said 
he  would  not  defend  the  constitu- 
tionality of  the  appropriations  pro- 
posed by  this  bill :  and  well  he 
might  say  so,  for  he  could  not  de- 
fend it.  The  Constitution  has 
been  placed  in  the  hands  of  em- 
pirics— of  political  quacks,  who 
have  given  it  a  construction 
whereby  il:  is  swallowing  up  the 
liberties  of  the  country.  He  knew 
it  was  in  vain  to  oppose  the  pas- 
sage of  this  bill,  and  perhaps  there 


was  no  use  in  a  man's  throwing 
himself  into  the  breach,  and  re- 
ceiving in  his  breast  the  daggers 
of  all  who  were  in  favor  of  it.  He 
attacked  the  system,  not  the  mo- 
tives of  'gentlemen  ;  but  he  sol- 
emnly believed  if  this  sort  of  legis- 
lation was  persisted  in,  our  liber- 
ties were  gone  ;  and  that  nothing 
but  the  action  of  the  States  could 
save  them. 

Mr  Blair,  of  Tennessee,  said 
that  although,   for  several  years 
past,  he  had  voted  in  favor  of 
measures   of    internal    improve- 
ment, and  had  seen  no  reason  to 
change  his  opinion  or  his  course 
in  that  particular,  yet  he  should 
vote  against  this  bill,  because  of 
the   arguments  by  which  it  had 
been  supported  by  the  gentleman 
from  North  Carolina  (Mr  Barrin- 
ger).      For  his  part,   Mr  Blair 
said,  he  could  not  see  why  the 
mouth  of  a  river  should  be  im- 
proved by  appropriations  of  the 
public  money  more  than  its  bed  ; 
nor  why  a  measure  of  this  de- 
scription, coming  from  the  com- 
mittee of  commerce,  was  not  as 
much  a  measure  of  internal  im- 
provement, as  if  it  had  come  from 
the   committee  of  roads  and  ca- 
nals.    Suppose  the  appropriations 
proposed  by  this  bill  had  been  for 
the  improvement  of  the  Ohio  river, 
or  for  removing  obstructions  in 
other   streams  ;    would   not   the 
gentleman  from  North  Carolina 
have  gone  against  that  measure  ? 
Has  he  not  invariably  gone  against 
such  appropriations  ?  What,  then, 
shall  we  see,  if  we  act  upon  the 
principles  which  govern  his  vote 
in  favor  of  this  bill  r     Why,  Sir, 
that  there  is  to  be  a  system  of 
appropriations  for  bays  and  rivers. 


INTERNAL  IMPROVEMENTS. 


75 


for  expenditures  on  tide  water, 
and  no  appropriations  are  to  be 
made  for  the  improvement  of  the 
interior.  It  is,  therefore,  Sir,  that 
I  am  obliged  to  turn  my  back 
against  this  bill,  after  voting  for 
similar  measures,  for  the  last  eight 
years.  Sir,  look  at  the  details  of 
this  bill ;  the  State  of  Ohio  is  the 
only  one  of  the  Western  States 
for  which  the  smallest  appropria- 
tion is  proposed  in  it.  Suppose 
I  were  to  call  for  an  appropria- 
tion for  the  improvement  of  the 
Coosa  river ;  would  the  gentle- 
man from  North  Carolina  come 
out,  and  say  that  that  appropria- 
tion is  constitutional.  No,  Sir, 
he  would  not  admit  its  constitu- 
tionality, because  it  is  above  the 
mouth  of  the  river,  and  not  im- 
mediately connected  with  foreign 
commerce.  Yes,  Sir,  I  might 
exhaust  my  strength  here  in  vain, 
in  showing  the  importance  of  the 
connection  of  the  Coosa  and  Ten- 
nessee rivers ;  I  should  not  get 
the  vote  of  the  gentleman  from 
North  Carolina.  If  the  proposi- 
tion for  such  an  appropriation 
came  from  the  committee  of  com- 
merce, indeed  then  I  might,  per- 
haps, get  his  vote  ;  but  not  if  it 
came  from  the  committee  on  in- 
ternal improvements.  Mr  Blair 
repeated  that  he  felt  himself  called 
upon  to  vote  against  the  bill  be- 
cause of  its  exclusiye  nature,  going 
to  establish  a  system  of  providing 
for  the  improvement  of  the  mouths 
of  rivers,  bays,  &c.,  and  neglect- 
ing the  whole  interior  interests  of 
the  country.  He  was  for  improv- 
ing the  means  of  domestic  as  well 
as  foreign  intercourse  and  com- 
merce. If  the  exclusive  system 
proposed  by  this  bill  was  perse- 


vered in,  the  people  whom  he 
represented  would  derive  no  ben- 
efit whatever  from  the  expendi- 
ture of  public  money.  He  believed 
this  to  be  as  much  an  internal  im- 
provement bill,  as  any  bill  of  that 
nature  introduced  at  the  present 
session.  Of  its  constitutionality 
he  had  no  doubt,  but  he  denied 
the  expediency  of  thus  limiting 
and  partially  carrying  the  princi- 
ple into  effect.  Whenever  mea- 
sures should  come  before  the 
House,  which  do  look  to  the  great 
interests  of  the  country — to  those 
of  the  country  beyond  the  Alle- 
ghany, as  well  as  that  on  this  side 
of  it,  his  opinion  on  the  subject 
would  be  found  to  be  the  same 
now  as  it  always  had  been.  In 
self-defence,  said  he,  we  of  the 
West  must  vote  against  such  par- 
tial appropriations  of  the  public 
money  as  are  embraced  in  this 
bill,  or  else  we  shall  become  but 
hewers  of  wood  and  drawers  of 
water.  We  shall  feel  the  blessings 
of  government  in  the  burthens 
which  it  imposes,  and  not  in  the 
benefits  which  it  confers. 

Mr  Barringer  again  rose.  It  had 
been  his  practice,  he  said,  to  vote 
for  what  he  deemed  just  and  ex- 
pedient, no  matter  by  what  com- 
mittee the  measure  was  reported. 
In  regard  to  the  question  before 
the  House,  he  said,  his  rule  was 
this ;  that,  if  he  found  the  object 
connected  with  the  commerce  of 
the  nation,  and  calculated  to  ben- 
efit that  commerce,  he  deemed 
the  object  legitimate,  and  he  gave 
it  his  support.  For  instance,  the 
mouth  of  the  Mississippi,  one  of 
the  items  of  this  bill,  was  import- 
ant to  the  commerce  of  all  the 
great  rivers  which  flow  into  it,  and 


r6 


ANNUAL  REGISTER,  1830—31. 


he  could  not  hesitate  to  support 
the  appropriation  ;  and  if  gentle- 
men would  point  out  any  objects 
not  leading  to  some  port,  and  cal- 
culated to  facilitate  the  commerce 
of  the  country,  he  would  agree  to 
strike  it  out.  On  the  lakes  he 
knew  there  were  ports,  and  these 
were  necessary  to  the  great  and 
growing  commerce  of  those  wa- 
ters, and  he  was  as  ready  to  sup- 
port legitimate  objects  in  the  West 
as  the  East.  He  would  not  con- 
descend to  inquire  what  part  of 
the  country  the  object  was  to 
benefit,  so  it  was  proper.  If  it 
•came  from  the  gentleman's  (Mr 
Blair's)  committee  (the  commit- 
tee on  internal  improvement)  he 
would  support  it  just  as  soon  as  if 
it  came  from  any  other.  He 
would  leave  it  to  that  gentleman 
to  say  how  he  could  now  oppose 
measures  which  he  had  formerly 
suppferted,  because  he  thought  the 
conduct  of  others  improper  or  in- 
consistent. For  himself,  Mr  Bar- 
ringer  said,  seeing  nothing  in  this 
bill  variant  from  what  he  had  al- 
ways supported,  he  should  give  it 
his  vote. 

Mr  Whittlesey,  believing  that 
further  debate  would  not  change 
a  single  vote,  moved  the  previous 
question. 

The  motion  was  sustained,  and 
the  question  being  put  on  the 
passage  of  the  bill,  it  was  carried 
by  a  vote  of  136  yeas  to  53  nays. 
In  the  Senate  the  bill  was  passed 
by  a  vote  of  28  ayes  to  6  nays. 

The  decisive  votes  in  both 
Houses  on  this  bill  showed  the 
determination  of  Congress  to  act 
on  the  subject  of  internal  improve- 
ments, in  spite  of  the  veto  of  the 
President,  and  as  the  friends  of 


this  bill  now  formed  more  than 
two  thirds  of  the  Legislature,  the 
Executive  yielded  his  scruples 
to  the  force  of  public  opinion, 
and  signed  the  bill.  By  this  bill 
the  following  appropriations  were 
made  : 

For  removing  obstructions  at 
the  mouth  of  Huron  river,  Ohio, 
#3,480. 

For  removing  sand  bar  at  or 
near-  the  mouth  of  Black  river, 
Ohio,  $9,275. 

For  completing  the  improve- 
ment of  Cleaveland  harbor,  Ohio, 
$3,670. 

For  completing  the  removal  of 
obstructions  at  the  mouth  of  Grand 
river,  Ohio,  $5,680. 

For  completing  the  obstructions 
at  the  mouth  of  Ashtabula  creek, 
Ohio,  $7,015. 

For  improving  the  navigation 
of  Conneaut  creek,  Ohio,  $6,370. 

For  completing  the  improve- 
ment of  the  harbor  of  Presque 
Isle,  Pennsylvania,  $],700. 

For  improving  the  navigation 
of  Gennessee  river,  New  York, 
$16,670. 

For  removing  obstructions  at 
the  mouth  of  Big  Sodus  bay. 
New  York,  $17,450. 

For  completing  piers  at  Oswe- 
go, New  York,  $2,812  92. 

For  securing  the  works  of  Os- 
wego harbor.  New  York,  by  a 
stone  pier,  head,  and  mole,  $18,- 
600. 

For  completing  the  pier  at  the 
mouth  of  Buffalo  harbor,  New 
York,  $12,900. 

For  securing  and  completing 
the  works  at  the  harbor  of  Dun- 
kirk, New  York,  $6,400. 

For  further  protection  and  pres- 
ervation of  the  beach  of  Prov* 


INTERNAL  IMPROVEMENTS. 


incetown,     Massachusetts,    §'2,- 
050. 

For  the  repair  and  completion 
of  the  breakwater  at  the  mouth  of 
Merimack  river,  Massachusetts, 
$n  6,000. 

For  completing  repairs  to  piers 
at  the  entrance  of  Kenneiounk 
river,  Maine,  $1,175. 

For  completing  the  sea  wall 
for  the  preservation  of  Deer  Isl- 
and, Boston  harbor,  Massachu- 
setts, $12,390. 

For  repairing  Plymouth  beach, 
Massachusetts,  $2,820. 

For  completing  the  breakwater 
at  Hyannis  harbor,  Massachusetts, 
$8,400. 

For  removing  the  bar  at  the 
mouth  of  Nantucket  harbor,  Mas- 
sachusetts, $8,265. 

For  improving  the  harbors  of 
New  Castle,  Marcus  Hook,  Ches- 
ter, and  Port  Penn,  in  the  Dela- 
ware river,  $4,000. 

For  improving  Cape  Fear  riv- 
er, below  Wilmington,  North  Car- 
olina, $25,705. 

For  carrying  on  the  works  for 
the  improvements  of  Ocracoch 
inlet.  North  Carolina,  $17,000. 

For  completing  the  removal  of 
obstructions  in  the  river  and  har- 
bor of  St  Marks,  Florida,  $7,430. 

For  completing  the  removal  of 
obstructions  in  the  Appalachicola 
river,  Florida,  $8000. 

For  carrying  on  the  v/ork  of 
the  Delaware  breakwater,  $208,- 
000. 

The  difficulty  of  laymg  down 
any  constitutional  principle  which 
would  justify  appropriations  of 
this  description,  and  reject  ap- 
propriations of  the  character  de- 
manded by  the  friends  of  in- 
ternal improvement   at   the   last 


session,  was  so  obvious,  that  the 
President  was  considered  as  hav- 
ing relinquished  the  ground  of 
opposition  to  the  system,  upon 
princi[)le,  and  to  aim  rather  to 
check  the  action  of  Congress, 
than  to  prevent  it  altogether. — 
The  constitutional  objection  to  the 
power  of  the  Federal  Govern- 
ment was  no  longer  adhered  to, 
and  an  entire  departure  from  that 
objection  was  evinced  in  his  as- 
sent to  the  bills  making  appro- 
priations for  carrying  on  certain 
roads  and  works  of  internal  im- 
provement, and  providing  for  sur- 
veys. When  this  bill  was  under* 
consideration  in  committee  of 
the  whole,  (February  17th)  an 
amendment  was  proposed  by  Mr 
WicklifTe  to  appropriate  $150,000 
for  the  improvement  of  the  navi- 
gation of  the  Ohio  river.  Mr 
Vinton  said,  that  he  would  not  at 
that  late  hour  give  his  reasons  at 
large  upon  the  proposed  amend- 
ment, but  he  would  state  in  a  few 
words  the  ground  upon  which  he 
thought  it  ought  to  be  adopted. 

The  improveriient  of  the  navi- 
gation of  the  Ohio  river,  was  in 
truth  nothing  more  than  an  exten- 
sion of  the  canals  of  Ohio  and 
Pennsylvania.  These  two  States 
were  incurring  an  expense  often 
or  fifteen  millions  of  dollars — the 
one  in  opening  a  canal  from  Phil- 
adelphia to  Pittsburg,  and  the 
other  between  Lake  Erie  and  the 
Ohio  river,  thus  opening  a  con- 
tinued communication  from  Phil- 
adelphia to  New  Orleans,  by  the 
the  Pennsylvania  canal,  and  from 
New  York  to  N.  Orleans  through 
the  Erie  and  Ohio  Canal.  Ow- 
ing to  certain  shoals  in  the  Ohio 
river,  its   navigation  was  almost 


78 


ANNUAL  REGISTER,  1831—32. 


wholly  suspended  for  about  two 
months  every  autumn,  and  that 
too,  at  the  very  best  season  of  the 
year  for  business  on  these  canals. 
The  loss  of  business  on  this  ac- 
count must  be  very  great.  It  is 
of  little  consequence,  that  the 
Ohio  canal  enters  the  Ohio  river, 
unless  the  produce  of  the  interior 
can  descend  to  New  Orleans  or 
other  places  of  destination. — So 
of  the  Pennsylvania  canal ;  it  is 
in  vain  for  that  State  to  think  of 
participating  to  any  considerable 
extent  in  the  trade  of  the  western 
country  at  that  season  of  the  year, 
unless  the  navigation  of  the  Ohio 
is  opened  to  Pittsburg;  so  that 
produce  may  ascend  and  mer- 
chandise descend  the  river  on 
their  way  to  and  from  Philadel- 
phia. The  making  of  these  ca- 
nals, which  will  now  be  finished 
in  a  year  or  two,  renders  it  of 
vast  importance  to  keep  the  navi- 
gation of  that  river  always  open, 
while  business  can  be  done  upon 
them.  We  have  a  report  lying 
upon  the  table,  showing  that  the 
shoals  in  the  river  can  be  deep- 
ened at  a  very  moderate  expense. 
The  improvement  of  its  naviga- 
tion properly  belongs  to  the  Gen- 
eral Government. — And  he  hop- 
ed, considering  the  vast  expense 
the  States  of  Pennsylvania  and 
Ohio  were  incurring  in  opening 
avenues  of  trade  to  the  Ohio,  that 
the  comparatively  small  sum  of 
$150,000,  would  not  be  denied 
in  their  great  efforts. 

The  amendment  was  adopted, 
ayes  seventynine,  nays  fiftytwo, 
as  was  an  amendment  of  Mr 
Verplanck  of  $50,000  for  improv- 
ing the  navigation  of  the  Ohio 
and  Mississippi, 


It  was  taken  up  in  the  House 
on  the  24th  of  February,  when 
an  unsuccessful  motion  was  made 
by  Mr  Pettis,  to  include  Missouri 
with  the  Ohio  and  Mississippi ;  a 
motion  was  also  made  by  Mr 
Lea,  to  commit  the  bill :  Mr  Lea 
objected  to  the  bill,  because  it 
comprised  so  many  heterogen- 
eous objects,  and  his  design  in 
recommitting  it,  was  to  have  the 
analagous  appropriations  classed 
in  separate  bills. 

The  motion  was  lost,  sixtytwo 
ayes,  one  hundred  and  seven  nays, 
as  was  a  motion  by  Mr  Polk  to 
strike  out  an  appropriation  of 
$25,000  for  surveys  under  the 
act  of  1824,  which  after  some  de- 
bate was  negatived,  ayes  sixty  six, 
nays  one  hundred  and  nine ;  and 
the  bill  was  ordered  to  a  third 
reading.  The  next  day  the  bill 
passed,  ayes  one  hundred  and 
seven,  nays  fiftyseven. 

In  the  Senate,  the  bill  was 
amended  by  extending  the  appli- 
cation of  the  sum  of  $150,000  to 
the  improvement  of  the  Missis- 
sippi, as  well  as  to  the  Ohio,  and 
guarding  against  its  improper  ex- 
penditure. An  amendment  was 
also  offered  by  Mr  Kng,  to  mod- 
ify the  appropriation  of  $25,000 
to  defray  the  expenses  incidental 
to  making  surveys,  by  limiting  its 
application  to  defray  the  expen- 
ses of  surveys  already  made  ; 
but  the  Senate  rejected  it,  ayes 
eighteen,  nays  nineteen.  The 
bill  then  passed,  ayes  twenty  six, 
nays  ten.  The  amendment  of 
the  Senate  having  been  concur- 
red in  by  the  House,  the  bill 
was  sent  to  the  President,  and 
having  received  his  sanction,  it 
became    a  law.      By  this    law 


INTERNAL  IMPROVEMENTS. 


79 


the  following  appropriations  were 
made  : 

For  defraying  the  expenses  in- 
cidental to  making  examinations 
and  surveys  under  the  act  of  the 
30th  of  April,  1824,  $25,000. 

For  improving  the  navigation 
of  the  Ohio  and  Mississippi  riv- 
ers, to  be  expended  under  the 
existing  laws,  $50,000. 

The  sum  of  $150,000  for  the 
improvement  of  the  navigation  of 
the  Ohio  and  Mississippi  rivers 
from  Pittsburg  to  New  Orleans, 
removing  the  obstructions  in  the 
channels  at  the  shoal  places  and 
ripples,  and  such  other  means  as 
may  be  deemed  best  for  the 
deepening  of  the  channels  of  the 
Ohio  river. 

By  another  law,  the  sum  of 
$100,000  was  appropriated  for 
the  purpose  of  opening,  grading, 
and  making  the  Cumberland  road 
westwardly  of  Zanesville,  in  the 
State  of  Ohio  :  and  the  sum  of 
$75,000  for  the  purpose  of  open- 
ing, grading,  and  bridging  the 
Cumberland  road,  in  the  State  of 
Indiana,  including  a  bridge  over 
White  river,  near  Indianapolis, 
and  progressing  v/ith  the  work  to 
the  eastern  and  western  bounda- 
ries of  said  State.  And  the  sum 
of  $66,000  for  the  purpose  of 
opening,  grading,  and  bridging 
the  Cumberland  road,  in  the  State 
of  Illinois.     And  by  the  internal 


improvement  bill  the  sum  of 
$41,000  was  granted  for  roads 
in  the  territories. 

The  bill  for  building  light- 
houses was  next  taken  up,  and 
after  some  opposition  from  Mr 
Yancey,  it  passed,  ayes  one  hun- 
dred and  twentyfive,  nays  forty- 
nine.  It  also  passed  the  Senate 
with  an  unimportant  amendment, 
which  was  agreed  to  by  the 
House,  and  was  also  sanctioned 
by  the  President. 

By  this  bill  $227,912  were 
appropriated  for  building  light- 
houses and  light-boats,  $8,420 
for  spindles  and  buoys,  and  $19,- 
590  for  beacons  and  monuments. 

The  President  and  his  Cabinet 
thus  found  themselves  compelled 
to  yield  to  public  opinion  ex- 
pressed in  Congress,  and  although 
their  determination  checked  the 
action  of  the  Federal  Govern- 
ment in  relation  to  internal  im- 
provement, still  they  had  surren- 
dered every  principle  upon  which 
their  opposition  to  the  system 
could  be  founded. 

By  these  decisive  votes  in  Con- 
gress, this  policy  was  considered 
as  firmly  established,  and  nothing 
was  required  to  carry  it  into  ef- 
fect with  moderation  and  discre- 
tion, but  the  harmonious  co- 
operation between  the  different 
branches  of  the  Government. 


CHAPTER    VI. 


Treasury  Report  for  1830. — Appropriations  for  Pensions— for 
Support  of  Government, — Debate  on  Survey  of  Public  Lands, 
— Debate  on  Mission  to  Russia. — Debate  on  Turkish  Treaty, — 
Appropriations  for  JVavy — for  Fortifications— for  Army— for 
the  Indian  Department— for  Public  Buildings, 


The  annual  report  of  the  Sec- 
retary of  the  Treasury  on  the 
State  of  the  public  finances  was 
transmitted  to  Congress  on  the 
16th  of  December,  1830. 

The  balance  in  the  treasury 
on  the  first  of  January,  1830,  ap- 
peared to  be  $5,755,704  79,'— 
The  actual  receipts  into  the  trea- 
sury during  the  first  three  quarters 
of  the  year  1 830,  were  estimated 
at  #19,136,019,  viz.: 

Customs  $17,268,123 

Public  Lands  1,293,719 

Bank  Dividends  490,000 

Miscellaneous  84,177 

The  receipts  during  the 
fourth  quarter  were  es- 

.  timated  at  5,025,000 


Total  receipts  $24,101,019 

which  exceeded  the  estimated 
receipts  for  1830  as  stated  in  the 
report  dated  December  15, 1829, 
be  the  sum  of  $321,019. 

The  expenditures  during  the 
first  three  quarters  of  the  year 
1830,  were  estimated  at  $20,- 
780,937,  viz. : 


Civil,  Diplomatic,  and  Mis- 
cellaneous 

Military  Services,  includ- 
in£j  Fortifications,  Indian 
Affairs,  and  Internal  Im- 
provements 

]Js}aval  Service 

Public  Debt 


$2,460,672 


5,728,976 
1,651,458 
9,939,630 


The  expenditures  for  the  4th 
quarter,  including  $1,415,000  on 
account  of  the  Public  Debt,  were 
estimated  at  $4,316,005;  mak- 
ing the  total  expenditures  of  the 
year  1830,  $25,096,942,  and 
leaving  in  the  treasury  on  the  first 
of  January,  1831,  an  estimated 
balance  of  $4,819,782. 

The  expehditures  for  this  year 
had  been  estimated  in  the  preced- 
ing report  at  $23,755,527,  and 
the  result  showed  an  excess  over 
the  estimate  of  $1,341,415. 

The  receipts  for  1831,  were 
estimated  at  $23,340,000,  viz. : 


Customs 

$21,000,000 

I^ands 

1,700,000 

Bank  Dividends 

490,000 

Incidental  Receipts 

150,000 

The  expenditures  for  the  same 
year  were  estimated  at  $23,228,- 
066,  viz. : 

Civil,  Diplomatic,  and  Mis- 
cellaneous 2^85^153 
Military  Service,  &c.  6,789,318 
Naval  Service  3,853/>95 
Public  Debt  10,000,000 

The  gross  amount  of  duties 
accruing  during  the  first  three 
quarters  of  the  year  1830,  was 
estimated  at  $20,570,000,  and 
the  debentures  for  drawback  dur- 
ing the  same  period,  amounted  to 
$3,331,895. 


APPROPRIATIONS. 


81 


The  amount  of  debentures  out- 
standing on  the  30th  September, 
1830,  and  chargeable  upon  the 
year  1831,  was  $1,411,801. 

The  total  amount  of  the  pubhc 
debt  on  the  first  of  January,  1830, 
was  $48,565,406. 

Consisting  of  six  per  cents.  $0,444,556 
Five   per   cents,  including 
the  $2,000,000  subscrip- 
tion to  the  United  States 
Banks  12,792,000 

Four  and  one  half  per  cents.     15,994,064 
Three  per  cents.  13,296,250 

Unfunded  Debt  42,530 


The   payments  made  on   ac- 
count of  the  public  debt  during 

1830,  were  for  interest  $1,912,- 
415,  towards  the  reduction  of  the 
principal  $  1 1 ,354,630,— leaving 
the  total  debt  of  the  United 
States  on  the  first  of  January, 

1831,  $39,123,192. 

The  bills  providing  for  the 
different  departments  of  the  gov- 
ernment having  been  reported 
from  the  Committee  of  Ways  and 
Means,  that  making  provision  for 
the  revolutionaiy  and  invalid  pen- 
sioners was  taken  up  in  the  House 
on  the  eleventh  of  January,  and 
having  received  the  assent  of  both 
Houses,  became  a  law.  By  this 
act  $1,011,100  were  appropriat- 
ed for  the  revolutionary,  and 
$276,720  for  the  invalid  pen- 
sioners, and  $5000  for  the  wid- 
ows and  orphans  of  those,  who 
had  fallen  in  the  public  service. 

The  bill  making  appropriations 
for  the  support  of  the  Government 
for  the  year  1831,  was  brought 
forward  in  the  committee  of  the 
whole  House,  on  the  eleventh  of 
January.  After  making  and  pro- 
posing various  amendments,  the 
8 


bill  was  reported  to  the  House, 
and  upon  its  coming  under  con- 
sideration the  next  day,  a  debate 
arose  on  the  amendment,  propos- 
ed in  the  committee,  increasing 
the  appropriation  for  the  survey 
of  the  public  lands  to  $130,000, 
and  $8,000  (or  surveying  private 
land  claims. 

Mr  McCoy  opposed  the  amend- 
ment.    He  said  the  surveys  pro- 
posed were  not  necessary.   There 
were  lands  already  surveyed,  and 
not  sold,  to  the  amount  of  from 
one   hundred   and   fifty   to   two 
hundred  millions  of  acres,  and 
there  was  no  good  reason,  why 
one   hundred   millions   of  acres 
more   should   be   surveyed   and 
thrown  into  the  market.     Some 
of  the  public  lands,  he  said,  were 
not  worth  surveying.     He  was  in 
favor  of  surveying  as  fast  as  the 
lands  would  sell,  and  was  dispos- 
ed to  authorise  the  surveying  of 
the  good  lands  as  fast  as  purchas- 
ers could  be  found  for  them.     Mr 
M'C  alluded  to  the  great  extent 
of  lands  surveyed,  and  said  that 
a   considerable   portion  of  them 
would  have  to  be  resurveyed — 
such,  for  instance,  as  the  prairie- 
lands,  in   which  fires  very  often 
took    place,   and   burnt   up   the 
marks   which   had  been   placed 
there  by  the  surveyors.     Under 
his  present  impressions  he  moved 
to   strike    from   the   amendment 
$130,000,  and  insert  $60,000. 
Mr  Test  said  he  generally  had 
a  great  respect  for  the  opinions 
of  the  gentleman  from  Virginia, 
who  had  addressed  the  House  ; 
but,  he  considered  his  motion  to 
lessen  the  sum  proposed  for  sur- 
veys, to  say  the  least  of  it,  inex- 
pedient.    He  spoke  of  the  puh- 


82 


ANNUAL  REGISTER,  1831—32. 


lie  lands  as  an  increasing  source 
of  revenue,  and  remarked  that 
lands  to  the  amount  of  half  a  mil- 
lion of  dollars  had  been  sold  in 
the  State  of  Indiana. 

Mr  Clay,  of  Alabama,  said  the 
effects  of  withdrawing  the  ap- 
propriation which  was  proposed, 
would  obviously  be  twofold — first, 
to  check  the  tide  of  emigration 
to  the  West ;  and — secondly,  to 
cut  down  and  materially  lessen 
this  branch  of  the  public  revenue. 
If  the  public  lands  were  not  sur- 
veyed they  could  not  be  sold,  and 
individuals  would  not  be  disposed 
to  remove  to  this  new  region,  and 
devote  their  time,  labor,  and 
money  to  improving  and  prepar- 
ing lands  for  cultivation,  of  which 
they  could  entertain  no  hope  of 
becoming  proprietors,  at  least 
within  any  reasonable  time. 

Mr  C.  said,  the  public  lands, 
too,  had  been  an  important  source 
of  revenue.  The  receipts  from 
that  source  had  been  gradually 
increasing,  until  they  had  grown 
to  an  amount  of  no  small  import- 
ance. The  amount  paid  by  pur- 
chasers during  the  year  ending 
on  the  thirtieth  September,  1830, 
was  almost  two  millions  of  dollars, 
— exceeding,  by  about  half  a  mil- 
lion, he  believed,  the  amount  re- 
ceived in  any  former  year.  Mr 
C.  asked  if  gentlemen  were  dis- 
posed to  change  the  present  land 
system,  and  cutoff  this  important 
branch  of  revenue  ? 

The  gentleman  from  Virginia 
(Mr  McCoy)  speaks  of  the  large 
quantity  of  land  already  surveyed 
and  remaining  unsold.  Mr  C. 
said,  if  the  gentleman  would  ex- 
amine a  document  laid  before 
Congress  two  or  three  years  ago, 


he  would  find  that  a  large  portion 
of  that  quantity,  perhaps  thirty 
millions  of  acres,  was  sterile  and 
worthless,  and  about  eightythree 
millions  too  inferior  in  quality  to 
command  the  minimum  price. — 
In  the  State  from  which  he  came, 
said  Mr  C,  good  land,  or  that 
which  was  fit  for  cultivation,  sel- 
dom remained  long  unsold,  after 
it  had  been  surveyed  and  put  in 
market ;  and  he  presumed  that 
w^as  very  much  the  case  in  the 
other  new  States.  No  danger, 
he  conceived,  was  to  be  appre- 
hended that  good  land  would, 
anywhere,  remain  long  in  market 
for  want  of  purchasers. 

Again,  Mr  C.  asked,  if  it  were 
desirable  in  point  of  policy,  that 
the  public  lands  should  be  long 
settled  and  improved  before  they 
were  offered  for  sale  ?  This 
would  certainly  be  the  case  if  the 
surveys  were  suspended;  and 
Congress  might  again,  and  would 
properly  be,  appealed  to,  and 
importuned  by  petitions,  for  the 
right  of  pre-emption.  Those 
gentlemen  who  were  opposed  to 
the  pre-emption  principle  ought 
certainly,  in  Mr  C's  judgment, 
to  oppose  a  suspension  of  surveys. 
The  lands  would  be  settled  as 
fast  as  they  were  acquired.  It 
had  been  long  the  practice  to 
permit  such  settlement,  and,  when 
occupied  and  improved,  the  right 
of  pre-emption  had  been,  and  Mr 
C.  hoped  always  would  be,  ac- 
corded. Looking,  either  to  the 
settlement  of  new  tracts  of  coun- 
try, or  the  interest  of  the  Govern- 
ment, Mr  C.  saw  no  good  reason 
for  withholding  the  appropriation. 
There  had  been  none  made  last 
year;   in  consequence  of  which 


APPROPRIATIONS. 


83 


we  were  in  arrears ;  for  the  dis- 
charge of  which,  as  well  as  the 
expenses  of^he  present  year,  the 
sum  proposed  by  the  committee 
was  intended  ;  which  does  not 
exceed  the  average  amount  ap- 
propriated for  the  same  purpose 
for  some  years  past. 

Mr  Strong  said  surveys  might 
be  necessary  in  Michigan,  Flori- 
da, Indiana,  and  perhaps  some 
other  State  ;  but  why  ask  for  an 
appropriation  of  $  130,000  ?  In 
1828,  hut  45,000  dollars  was  ap- 
propriated ;  in  1829,  51,000  dol- 
lars. In  1 830,  there  was  no  ap- 
propriation— the  commissioner  of 
llie  General  Land  Office  having 
informed  the  House  that  there 
was  a  balance  of  84,000  dollars  on 
hand.  He  desired  to  know  what 
rendered  the  proposed  appropri- 
ation necessary,  and  he  would 
also  like  to  be  informed  of  the 
necessity  of  bringing  into  market 
so  gi^eat  an  amount  of  lands,  as  the 
sum  proposed  to  be  appropriated 
would  survey,  in  addition  to  those 
lands  already  surveyed.  The 
commissioner  of  the  General  Land 
Office  had  designated  certain  sec- 
tions of  ihe  public  domain,  which 
it  was  expedient  to  have  surveyed 
the  present  year  ;  but  this  survey 
would  not  require  the  sum  pro- 
posed to  be  appropriated.  Why 
then  grant  so  much,  unless  we 
have  abandoned  all  notions  of 
economy  ?  If  any  substantial  rea- 
sons could  be  shown  why  the  pro- 
posed appropriation  was  neces- 
sary, he  hoped  they  would  be 
given. 

Mr  Verplanck  said,  that  since 
he  had  been  a  member  of  the 
committee  of  Ways  and  Means, 
he  had  often  noticed  the  singular 


contrast  in  which  he  was  placed 
when  here  and  when  in  the  com- 
mittee room.  There  were  nu- 
merous demands  before  the  com- 
mittee, and  their  object  was  to 
reduce  appropriations  proposed 
to  as  small  an  amount  as  possible ; 
while  here  in  this  House,  that 
committee  was  accused  of  extrav- 
agance. Such,  in  part,  was  the 
imputation  cast  upon  them  by  the 
motion  now  before  the  House. 
The  requisition  made  upon  the 
General  Land  Office  by  the  sur- 
veyors, for  the  present  year,  had 
been  200,000  dollars ;  the  com- 
missioner of  that  office  consider- 
ing the  sum  too  great,  had  redu- 
ced it  to  150,000  dollars;  the 
committee  of  Ways  and  Means, 
in  the  fulfilment  of  what  they 
considered  their  duty,  had  ask- 
ed for  an  appropriation  of  only 
130,000  dollars.  The  proposed 
amount  would  pay  the  arrearages 
of  the  last  year,  and  leave  for  the 
surveys  of  the  present  year  a  sum 
averaging  the  amount  appropriat- 
ed for  surveys  for  the  last  eight 
or  nine  years — perhaps  it  would 
fall  below  that  average — the  aU 
lowance,  after  paying  arrearages, 
would  leave  about  eighty  or  ninety 
thousand  dollars.  If  gentlemen 
would  examine,  they  would  find 
that  to  be  about  the  average  sum 
appropriated  for  the  survey  of  the 
public  lands  since  the  year  182L 
Mr  V.  then  alluded  to  the  valua- 
ble lands  in  Louisiana,  the  survey 
and  settlement  of  which  had  long 
been  retarded  by  claims  of  indi- 
viduals having  grants  from  the 
former  governments  possessing 
that  country,  and  spoke  of  the 
great  desire  of  this  Government 
to  bring  those  lands  into  market. 


84 


ANNUAL  REGISTER,  J830~3I. 


He  said,  if  the  proposed  amend- 
ment now  under  consideration 
prevailed,  it  would  reduce  the  ap- 
propriation for  surveys  to  about 
,^30,000 — a  sum  altogether  in- 
adequate. He  hoped  this  en- 
croachment on  the  usual  course 
of  the  Government  would  not  be 
made.  The  committee  of  Ways 
and  Means  had  done  their  duty 
in  proposing  the  appropriation, 
and  it  was  for  the  House  to  de- 
cide whether  the  appropriation 
should  be  made  or  not. 

Mr  Sevier,  of  Arkansas,  said 
that  the  surveys  of  the  public 
lands  in  Arkansas  had  not  been 
equal  to  the  present  demand — 
that  there  were  many  counties 
containing  thousands  of  inhabi- 
tants, in  which  not  one  foot  of  the 
public  lands  had  ever  been  sur- 
veyed— that  the  surveys  of  the 
very  lands  bordering  upon  the 
capital  of  Arkansas  were  still  in- 
complete. His  constituents  con- 
ceive that  their  interest  in  this 
particular  had  been  grossly  neg- 
lected ;  and  for  this  neglect  they 
had  complained  of  the  commis- 
sioner of  our  Land  Office  aind  our 
Surveyor  General. 

By  examining  the  report  of  the 
commissioner  we  shall  discover 
that  a  smaller  quantity  of  the  pub- 
lic land  has  been  sold  in  Arkansas 
than  in  any  other  section  of  the 
western  country  ;  that,  including 
all  the  public  sales  from  1822  to 
1830,  there  have  not  been  sixty 
thousand  dollars  paid  to  the 
Government.  Why  has  such  an 
insignificant ,  sum  been  receiv- 
ed from  the  sales  of  the  public 
land  in  that  country }  It  is  be- 
cause there  has  been  but  little 
good  land  surveyed  and  in  mar- 


ket. In  what  manner,  sir,  have 
the  surveys  in  Arkansas  been 
conducted  ?  The  Government  has 
given  us  no  Surveyor  General  to 
reside  among  us.  He  resides  in 
St  Louis,  four  hundred  miles  from 
our  capital.  He  knows  nodiing  of 
the  situation  of  our  country  ;  and 
is  govemed  entirely  in  letting  out 
his  contracts  by  the  representa- 
tions of  deputy  surveyors.  These 
deputies  know  their  own  interest. 
Their  engagements  to  survey  are 
generally  in  the  prairies,  and  in 
the  poor  and  barren  sections  of 
the  country.  Sir,  I  do  not  blame 
them.  They  could  not  afford  to 
survey  the  rich  lands  of  Arkansas, 
covered  with  cane,  and  almost 
impenetrable  forests,  for  three  dol- 
lars a  mile.  To  provide  against 
this  evil,  at  the  last  session  of 
Congress,  an  act  was  passed  au- 
thorising the  Surveyor  General 
to  allow  his  deputies  for  survey- 
ing the  good  lands  in  Arkansas, 
four  dollars  a  mile.  When  such 
lands  as  these  are  surveyed, — 
lands  to  which  our  settlements  are 
almost  entirely  confined,  you  will 
perceive  a  very  great  increase  in 
the  income  to  the  Government 
from  the  sales  of  the  public  lands. 
At  the  last  session  of  Congress 
an  act  was  passed,  granting,  for  a 
limited  period,  the  right  of  pre- 
emption to  settlers  upon  the  pub- 
lic lands.  That  act  is  about  ex- 
piring, and  but  few  of  the  citizens 
of  Arkansas  have  availed  them- 
selves of  its  provisions.  And 
why .?  because  the  lands  upon 
which  they  live  have  not  been 
surveyed.  They  petition  Con- 
gress at  this  present  session  to 
continue  the  act  in  force  for  a 
longer  period  of  time,  because 


APPROPRIATIONS. 


85 


the  land  upon  which  they  live  has 
not  been  surveyed. 

The  honorable  gentleman  seems 
to  fear  that  the  corners  made  by 
the  surveyors  in  the  prairies  would 
be  destroyed  by  fire,  and  that  the 
land  would  have  to  be  surveyed 
again.  If  that  gentleman  had  been 
in  prairies  as  often  as  I  have,  he 
would  have  known  that  these  cor- 
ners are  made  of  other  materials 
than  wood  ;  he  would  have  known 
that  at  each  corner  mounds  were 
made,  which  fire  can  never  des- 
troy. There  is  no  instance  with- 
in my  knowledge  when  the  public 
lands  have  ever  been  twice  sur- 
veyed, for  this  or  any  other  cause. 
Mr  Vinton  said  he  was  glad 
that  the  gentleman  from  Virginia 
had  submitted  his  motion,  and 
hoped  it  would  prevail.  He  was 
one  of  those  who  believed  the 
operations  of  the  surveying  de- 
partment, for  some  years  past, 
had  gone  to  great  excess,  pro- 
ducing highly  injurious  effects 
throughout  the  whole  western 
country,  and  seriously  deranging 
the  Land  Office  Department.  It 
was  time  to  bring  back  the  land 
system  to  a  healthy  action  ;  such 
as  it  possessed  prior  to  the  late 
war.  The  survey  of  land  was  a 
step  preparatory  to  its  being  ex- 
posed to  sale  ;  and  when  survey- 
ed it  would  be  forced  into  market, 
whether  the  quantity  on  hand 
would  justify  its  introduction  or 
not.  It  will  hence  be  obvious 
that  the  surveying  department 
really  regulates  the  proportion 
between  the  demand  for  land, 
and  the  quantity  in  market ;  and 
it  is  only  by  a  skilful  and  judicious 
management  of  that  department, 
ihat  any  just  proportion  between 
8* 


the  supply  and  die  demand  can 
be  maintained.  The  Land  Office 
commenced  its  operations  under 
the  present  system  in  1801. — 
For  the  first  fifteen  years,  and  up 
to  the  close  of  the  war,  the  quan- 
tity of  land  surveyed,  making 
due  allowances  for  bad  land,  did 
not  go  materially  beyond  the 
demand.  That  was  the  period 
of  the  greatest  prosperity  in  the 
Western  country.  The  value  of 
both  public  and  private  property 
was  sustained ;  a  circumstance 
that  gave  activity  to  the  sales  and 
confidence  to  the  purchaser. 

Shortly  after  the  war,  this  sal- 
utary policy  was  lost  sight  of. 
Immense  districts  of  country  were 
surveyed  and  suddenly  thrown 
into  market,  so  that  at  the  close 
of  1825,  there  had  been  surveyed 
in  all,  one  hundred  and  thirty 
eight  millions  of  acres ;  and  for 
the  five  last  years,  great  quanti- 
ties have  also  been  surveyed, 
probably  amounting  to  some  forty 
or  fifty  millions  more ;  the  exact 
amount  not  known.  Of  these 
one  hundred  and  thirtyeight  rail- 
lions  then  surveyed,  between 
twentythree  and  twentyfour  mil- 
lions had  not  been  brought  into 
market.  At  that  time,  the  entire 
quantity  sold  since  the  year  1 800, 
was  less  than  twenty  millions — 
between  1825  and  the  present 
time,  the  sales  have  amounted  to 
about  one  million  of  acres  per 
annum.  We  have  not  been  in- 
formed what  is  the  quantity  of 
surveyed  land  now  on  hand,  that 
has  not  yet  been  brought  into 
market.  It  is  to  be  presumed  that 
it  has  not  been  diminished  since 
that  time.  The  result  of  these 
factst  is,  that  at  the  close  of  1825^ 


86 


ANNUAL  REGISTER,  1830—31. 


and  probably  at  the  present  time, 
the  quantity  surveyed    and  pre- 
pared for  sale,  but  not  yet  brought 
into  market,  exceeds  the  whole 
amount  sold  for  these  thirty  years, 
and  exceeds  also  the  existing  an- 
nual   demand    about   twentyfive 
times.     That  the  quantity  now  in 
market,  and  seeking  a  purchaser, 
exceeds  the  annual  demand  more 
than  one  hundred  times,  and  is 
about  seven  times  as  much  as  the 
whole  amount  sold  since  the  year 
1800.     Now  it  must  be  borne  in 
mind,  that   the   land   system   is 
nothing  more  nor  less  than  a  great 
concern  for  vending  land.     And 
like  any  oth^r  article,  if  more  of 
it  is  forced  into  market  than  can 
possibly  be  used  ;  tlie  inevitable 
consequences  of  a   glut  in   the 
niarket — a  depression  in  the  value 
of  the  property  of  the  public  and 
of  individuals,  and  tlie  derange- 
ment and  distress  incident  to  such 
a  state  of  things,  must  follow.- — 
We  here,  sir,  get  at  the  true  cause 
of  the  growing  complaints  of  the 
new  States.     Every  part  of  the 
Western    country    is    oppressed 
with  this  operation,  and  dissatis- 
faction   everywhere    prevails. — 
The  old  setdements  are  dissatis- 
fied,  because    you   crowd    into 
market  such  vast  bodies  of  land 
around  them,  as  to  depress  the 
value  of  the  property  they  have 
purchased  of  you,  faster  than  they 
can  add  to  it  by  their  labor.     A 
farmer  in  Ohio,  who  has  devoted 
to  his  farm  the  labor  of  his  life, 
and  that  of  his  family,  can  scarce- 
ly dispose  of  it  at  this  day,  with 
all  its  improvements,  for  as  much 
as  he  paid  you  for  it  some  twenty 
or  thirty  years  ago.     He  has  a 
right  to  be  dissatisfied  with  this 


unreasonable  glut,  and  he  is  dis- 
satisfied. While  he  expects  you 
will  sell  the  public  domain,  he 
has  a  right  to  demand  of  you, 
that  you  shall  not  so  conduct  that 
operation,  as  to  destroy  the  value 
of  his  property  without  benefit  to 
yourself.  Good  faith  forbids  you 
so  to  do.  The  new  settlements, 
if  possible,  are  still  more  oppress- 
ed by  this  state  of  things.  On  a 
sudden  you  have  thrown  into 
market  a  hundred  millions  of 
acres  of  land,  extending  from  the 
Gulf  of  Mexico  to  the  Upper 
Lakes,  requiring  many  millions  of 
inhabitants  to  convert  them  to  use. 
A  few  of  them  are  taken  up,  and 
very  sparse  setdements  are  scat- 
tered here  and  there  over  the 
whole  country.  There  is  not  a 
surplus  population  in  the  United 
States,  that  can  be  detached  from 
their  present  situations  and  em- 
ployments, to  people  the  vast  re- 
gion of  country  thus  open  for  set- 
tlement :  nor  can  there  be  such 
a  surplus  for  a  generation  yet  to 
come.  These  new  settlements, 
therefore,  fill  up  very  slowly — 
and  in  the  newest  settlements  the 
sales  are,  generally  speaking,  the 
the  most  limited  in  amount.  The 
occupants  see  vast  bodies  of  ex- 
cellent land  around  them,  without 
any  one  to  buy — everything  goes 
on  heavily,  and  they  naturally 
enough  think  the  Government  re- 
tards their  growth ;  and  bring 
themselves  to  the  belief,  that  the 
country  around  them  is  not  sold 
and  settled  on  account  of  the 
price,  at  which  the  Government 
holds  it  being  too  high. 

The  anxiety  of  all  new  formed 
settlements  to  increase  their  num- 
bers is  very  sreat ;  and  that  anxiety 


APPROPRIATIONS. 


87 


not  being  gratified,  and  they  suf- 
fering under  the  inconveniences 
incident  to  a  new"  country,  they 
become  greatly  dissatisfied,  and 
charge  the  whole  fault  to  tlie 
Government.  Hence  the  agita- 
tion that  is  constantly  kept  up  on 
this  subject  in  the  new  States, 
and  the  high  toned  pretensions  of 
Illinois  in  particular,  about  the 
right  of  property.  We  are  now 
called  upon  to  add  to,  and  aggra- 
vate this  distressing  state  of  things, 
by  surveying  four  thousand  six 
hundred  townships  more,  amount- 
ing to  one  hundred  and  three 
millions  of  acres,  at  an  expense 
of  a  million  of  dollars.  The  ap- 
propriation proposed  in  the  bill, 
will  survey  twelve  millions  of 
them,  and  it  is  but  the  entering 
wedge  of  others,  that  are  to  follow 
to  execute  this  great  project. — 
Can  any  man  entertain  a  doubt  as 
to  the  efl^ect  of  adding  to  the 
quantity  now  in  market,  the  enor- 
mous amount  of  one  hundred  and 
three  millions  of  acres  ? 

It  has  been  already  shown,  that 
there  are  now  in  market  many 
millions,  which  we  have  no  ability 
to  people :  and  is  it  not  far  better 
that  some  portion  of  the  vast  re- 
gions now  in  market  should  be 
disposed  of  and  settled,  before  we 
bring  any  considerable  additional 
quantities  into  market?  If  any 
particular  settlement  should  take 
a  direction  into  an  unsurveyed 
region,  Mr  V.  said  he  would  sur- 
vey and  bring  it  into  market,  so 
that  the  market  might  always  be 
kept  fully  adequate  to  any  de- 
mand. Beyond  that  he  would 
not  go  for  the  present. 

The  quantity  of  land  now  in 
market  being  far  greater  than  any 


existing  demand  for  settlement, 
and  of  as  good  quality  as  any  that 
remains  to  be  surveyed,  it  follows 
as  a  necessary  consequence,  that, 
by  increasing  the  quantity,  you 
do  not  in  reality  open  any  addi- 
tional room  for  settlement,  nor 
can  you  expect  in  that  way  to 
add  a  single  inhabitant  to  the  ag- 
gregate population  of  the  new 
States.  All  that  you  can  effect 
by  this  operation,  is  to  diffuse  our 
population  over  a  greater  region 
of  country,  when,  in  point  of  fact, 
the  sparseness  of  population  in 
that  already  settled,  is  among  the 
greatest  evils  it  has  to  o\  ercome. 
He  said  he  most  conscientiously 
believed,  that  the  vast  bodies  of 
land  that  now  glutted  the  market, 
had  depressed  the  actual  value  of 
the  public  domain  and  of  private 
property,  at  least  fifty  per  cent, 
below  what  it .  would  have  been, 
if  a  proper  regard  had  been  paid 
in  adjusting  the  supply  to  the  de- 
mand ;  while  he  did  not  believe 
the  aggregate  population  of  the 
country  is  any  greater  than  it 
would  have  been,  by  keeping  the 
market  always  fully  supplied,  with- 
out going  materially  beyond  that 
point.  The  hundred  millions  now- 
proposed  to  be  prepared  for  sale, 
must  inevitably  produce  still  great- 
er depression,  in  both  public  and 
private  property,  to  an  extent  that 
no  one  can,  with  certainty  fore- 
tell. The  land  now  in  market  is 
diffused  throughout  all  the  new 
States  and  Territories.  There 
is  not  one  of  them,  where  the 
quantity  in  market  is  not  now 
more  than  thirty  times  as  great  as 
the  annual  sales,  and  in  many  of 
them  many  hundred  times  as 
great.     And  singular  as  it  may 


88 


ANNUAL  REGISTER,  1830—31. 


seem,  where  the  disproportion  is 
the  greatest,  the  call  for  addition- 
al quantities  is  the  most  urgent. 

The  gentleman  from  Arkansas 
is  very  anxious  for  this  appropria- 
tion, and  informs  us  that  the  settle- 
ment of  that  Territory  is  retarded 
for  want  ol  land  in  market.  Now, 
it  appears  that  so  long  ago  as 
1825,  more  than  eleven  millions 
■of  acres  had  been  surveyed  in 
that  Territory.  What  quantity 
had  been  since  surveyed  he  did 
not  know  ;  but  the  entire  amount 
of  sales  for  the  last  year  did  not 
exceed  one  thousandth  part  of 
the  quantity  surveyed  and  unsold  : 
indeed,  the  whole  amount  sold 
would  not  make  more  than  half  a 
dozen  good  plantations ;  and  the 
whole  sales  ever  made  there, 
would  very  litde  more  than  pay 
the  salaries  and  expenses  of  mak- 
ing the  sales,  without  taking  into 
the  account  more  than  a  hundred 
thousand  dollars  paid  for  the  sur- 
veys already  made.  Nothing  can 
show  more  forcibly  than  this  case, 
that  it  is  not  additional  land  that 
it  is  wanted  ;  but  it  is  people  that 
is  wanted  to  occupy  those  already 
exposed  to  sale.  The  gentleman 
from  Florida  has  also  expressed 
his  anxiety  about  this  appropria- 
tion. In  1825,  the  amount  sur- 
veyed in  that  territory  was  about 
three  millions  of  acres,  and  he 
believed  about  the  same  quantity 
had  been  surveyed  within  the  last 
five  years,  while  the  annual  sales 
in  that  Territory  do  not  amount  to 
a  fiftieth  part  of  that  quantity. — 
The  same  remarks  were  applica- 
ble to  Michigan,  and,  in  general, 
to  all  the  new  States.  For  these 
reasons,  he  could  not  see  any  ne- 
cessity  for   expending   a   larger 


sum  than  that  proposed  by  the 
gentleman  from  Virginia.  HIsl 
amendment  would  leave  at  the 
disposal  of  the  Department,  after 
discharging  the  arrearages  now 
due,  thirty  thousand  dollars,  which 
would  survey  three  millions  of 
acres  for  the  current  year,  while 
the  sales  will  not  probably  much 
exceed  one  million.  If  we  should 
come  back  again  to  the  old  prin- 
ciple and  practice  before  the  war, 
from  which  we  have  departed, 
and  hereafter  survey  some  two  or' 
three  millions  per  annum,  we 
should  then  keep  constantly  on 
hand,  and  exposed  to  sale,  one 
hundred  times  as  much  as  the 
annual  demand.  But  in  that  way 
we  should  prevent  things  from 
growing  worse,  and  avoid  further 
unnecessary  depression,  in  the 
public  property  or  that  of  individ- 
uals. He  thought  it  to  be  our 
duty  to  afford  a  reasonable  protec- 
tion to  both.  Entertaining  these 
opinions,  he  hoped  the  amend- 
ment of  the  gentleman  from  Vir- 
ginia would  be  adopted. 

Mr  Duncan,  of  Illinois,  said 
that  a  very  large  portion  of  the 
State  of  Illinois  was  yet  to  be 
surveyed — only  twentyseven  out 
of  forty  odd  millions  had  been 
surveyed.  Mr  Duncan  spoke  of 
the  quality  of  the  soil  and  beauty 
of  the  country  in  the  northern 
section  of  Illinois  and  north  of  it, 
and  the  prospect  of  its  immediate 
settlement  when  surveyed  and 
brouglit  into  market.  He  said 
that  there  was  now,  and  had  been 
for  several  years,  a  large  number 
of  citizens,  estimated  at  near  ten 
thousand,  residing  in  the  northern 
part  of  Illinois,  far  beyond  the 
present  surveys  ;  that  an  equal  or 


APPROPRIATIONS. 


89 


greater  number  resided  north  of 
the  State,  in  the  Northwest  Ter- 
ritory, where  there  was  not  an 
acre  of  public  land  surveyed. — 
He  hoped  that  a  statement  of 
these  facts  would  sufficiently  show 
the  necessity  of  extending  the 
surveys  in  Illinois  and  Michigan  ; 
and  from  statements  he  had  heard 
made  by  other  gentlemen,  it  was 
clear  to  his  mind  that  the  necessi- 
ty was  equally  pressing  in  other 
sections  of  the  country. 

Mr  D.  believed  it  to  be  the 
true  policy  of  the  Government  to 
survey  all  the  lands  within  the 
States  and  Territories,  as  soon 
as  possible,  and  bring  them  into 
market.  He  thought  it  quite 
probable,  that  there  were  enough 
settlers  at  this  moment  on  the  un- 
surveyed  land,  who  were  prepared 
to  purchase  their  homes,  to  pay 
enough  at  once  to  defray  the  ex- 
pense of  surveying  all  the  public 
lands,  yet  to  be  surveyed  in  the 
States. 

Mr  WicklifFe  said  he  was  op- 
posed to  the  motion  made  by  the 
member  from  Virginia,  (Mr  Mc- 
Coy) to  reduce  the  amount  of 
appropriation  for  the  surveying  of 
the  Public  Lands ;  and,  he  ob- 
served, he  should  have  given  a 
silent  vote  on  the  question,  but 
for  the  remarks  of  the  honorable 
gentleman  from  Ohio  (Mr  Vin- 
ton). The  gentleman  says,  we 
have  more  land  now  surveyed 
than  we  shall  be  able  to  sell  in 
thirty  years  ;  and  he  has  furnish- 
ed us  with  the  tables  of  the  quan- 
tity surveyed,  and  number  of 
acres  sold.  His  statistics  I  do  not 
controvert.  Admit  the  facts  and 
his  inferences,  is  it  any  argument 
against  continuing  the  surveying  ? 


If  the  argument  is  worth  anything, 
it  would  have  its  full  weight  upon 
a  proposition  to  suspend,  by  law, 
the  sales,  not  the  surveyingj  of 
the  Public  Lands.  We  are  not 
obliged  to  bring  the  lands  into 
market  so  soon  as  surveyed,  if  it 
be  the  policy  of  the  Government 
to  limit  the  sales  of  the  Public 
Lands,  and  confine  the  popula- 
tion to  the  States  and  Territories 
already  surveyed.  If  it  were 
proper  to  do  this,  and  a  law  were 
now  passed,  declaring  that  not 
another  section  of  public  land 
should  be  surveyed  until  the  last 
acre  now  surveyed  was  sold  and 
occupied,  still  it  would  be  proper 
to  proceed  with  the  surveying, 
that  the  Government  might  know- 
something  of  the  quality,  soil,  and 
situation  of  the  public  domain. 

Other  reasons  might  be  urged 
why  the  surveying  of  the  public 
lands  should  proceed  rapidly,  but. 
I  pass  by  them,  to  consider  the 
main  point  in  the  gentleman's  ar- 
gument, which  has  often  been 
presented  to  us  in  this  or  some 
other  shape,  and  by  the  member 
from  Ohio  especially.  And  it 
is,  if  I  understand  it  correctly, 
that  the  United  States,  by  the 
reduction  of  the  price  of  the 
public  lands,  holds  out  induce- 
ments to  the  citizens  of  the  older 
States  to  emigrate,  and  pur- 
chase l^nd  for  themselves, — 
thereby  extending  our  settlements 
beyond  the  limits,  which  a  true 
regard  to  the  interest  of  the  Gov- 
ernment, and  of  individual  land- 
holders, will  justify.  And  again  : 
by  the  immense  quantity  of  public 
land  which  the  Government  has 
brought,  and  is  still  bringing  into 
market,    the    quantity    becomes 


90 


ANNUAL  REGISTER,  1830—31. 


greater  than  the  demand,  conse- 
quently, the  price  of  landed  estate 
ill  the  hands  of  individual  pur- 
chasers from  the  Government  is 
lessened  more  than  one  half  its 
value,  thus  producing  ruin  upon 
whole  communities,  as  well  as 
operating  injustice  to  individuals. 

I  have,  Mr  Speaker,  given  the 
substance  of  the  gentleman's  ar- 
gument, if  not  his  words.  I  in- 
vite him  to  review  it  himself,  and 
see  if  he  is  willing  to  stand  by  it. 
I  propose  to  analyze  it  briefly, 
that  we  may  see  if  it  be  founded 
upon  that  public  policy,  v^^hich  has 
been,  and  which  I  hope  ever  will 
be  pursued  by  this  Government : 
a  policy  connected  with  her  true 
interests  and  future  welfare — a 
policy  which  will  give  physical 
strength  and  moral  energy  to  the 
population  of  the  United  States. 
I  mean  such  a  disposition  of  her 
public  lands  as  will  put  it  in  the 
power  of  every  man,  how^ever 
poor  and  humble  in  society,  to 
acquire  a  home  for  himself,  and 
a  fire-side  for  his  family.  With 
a  population  of  freeholders — of 
men  who  have  their  homes  with 
all  the  interesting  endearments 
which  belong  to  that  name,  and  a 
Government  to  which  they  may 
turn  and  look  upon  as  a  benefac- 
tor, what  have  our  free  institu- 
tions to  fear  from  intestine  divis- 
ions or  foreign  invasion  ?  Nothing, 
sir — nothing. 

Land  is  too  cheap  already,  says 
the  gentleman.  I  well  recollect 
the  policy  recommended  by  the 
Secretary  of  the  Treasury,  (Mr 
Rush,)  under  the  last  administra- 
tion, and  this  argument  of  the 
gentleman  from  Ohio  has  called 
it  to  memory  at  the  present  mo- 


ment. He,  sir,  was  in  favor  of, 
what  is  now  a  very  fashionable 
term,  'The  American  System.' 
He  was,  in  his  report,  justifying 
the  principle,  that  the  agricultural 
interest  of  the  West  ought  to  be 
taxed,  to  support  the  manufactur- 
ing interest  of  the  East ;  because, 
in  his  opinion.  Congress,  by  the 
reduced  price  at  w^hich  public 
lands  were  sold,  gave  to  agricul- 
ture a  bounty  equivalent  to  the 
increase  of  taxation  in  favor  of 
manufactures ;  and,  if  my  memo- 
ry does  not  deceive  me,  he  con- 
demned the  policy  thus  pursued, 
because  it  excited  to  emigration 
from  the  manufacturing  districts, 
and  thereby  enhanced  the  price  of 
labor  to  the  manufacturer,  and  he 
thence  deduced  an  argument  in 
favor  of  this  taxation  upon  the 
farming  interest,  for  the  benefit  of 
the  manufacturing  States.  How 
was  this  argument  received  in  the 
West  ?  With  universal  disappro- 
bation, as  the  elections  of  1828 
will  attest.  I  protest  against  it  in 
every  shape,  whenever  and  how- 
ever used.  That  policy  ,which 
has  for  its  object  to  build  up  an 
interest  in  this  country  at  the  ex- 
pense of  the  farming  interest, 
which  has  for  its  purpose  the 
concentration  of  population,  in 
order  to  reduce  the  price  of  la- 
bor, and  exact  from  it  its  hard 
earnings  to  sustain  a  particu- 
lar interest — call  it  by  whatever 
name  you  will,  give  to  it  all  the 
charms  which  impassioned  elo- 
quence can  furnish — I  am  utterly 
opposed  to  it. 

Again ;  the  gendeman  says  the 
price  of  land  has  fallen  to  half  its 
former  value,  in  consequence  of 
the  policy  which  the  United  States 


APPiiOPRIATIOI^S. 


9! 


has  pursued  in  reference  to  her 
public  domain  for  the  last  twelve 
or  fourteen  years.     1  deny  that  it 
is  owing  to  this  cause  entirely,  if, 
indeed,  at  all.     Other  and  more 
immediate  causes  must   present 
itself  to  the  inquiring  mind.     Is  it 
in  this  country  alone  that  the  price 
of  real  estate  has  fallen  ?     Is  real 
estate  in  this   country  the  only 
estate  that  has  depreciated  ?    No, 
sir,  everything  has  sunk  in  value, 
and  the  true  cause  may  be  traced 
by  the  political  economist  in  the 
appreciation  of  the    medium  of 
exchange — the  precious  metals; 
and  the'  man  who  buys  his  land 
now  in  Illinois  at  $  I  25  per  acre, 
pays  as  much  for  it  as  t\\e  gende- 
raan's  constituents,  who   bought 
seventeen  or  eighteen  years  ago 
at  $2  per  acre.     Sir,  he  pays 
more,  according  to  the  compara- 
tive value  of  specie  then  and  now, 
as  estimated  by  the  report  of  the 
Committee  of  Ways  and  Means 
on  your  table.     This  policy  of 
stopping  the  surveying  of  the  pub- 
lic lands  now  will  very  well  suit 
the  gendeman's  own  State,  where 
every   acre  ha^  been  surveyed, 
and  subject  to  location.    Stop  the 
surveys,   and   limit  the  sales  in 
other  States  and  Territories,  and 
you  will  perhaps  increase  the  tide 
of  emigration  to   the  great  and 
flourishing  State  of  Ohio,  and  you 
may  increase  the  value  of  lands 
owned  by  private  individuals  too. 
Is  it  our  duty  to  do  this  ?     Shall 
we  by  our  legislation  attempt  to 
restrain  the  tide  of  emigration  ? 
You  might  as  well,  sir,   attempt 
to  stay  the  tide  of  that  mightiest 
of  rivers,  which  gives  name  and 
consequence  to  the  Western  coun- 
try.   There  are  reasons,  however, 


sir,  unconnected  with  this  view 
of  the  subject,  why  the  surveying 
of  the  public  lands  shoul(J  pro 
ceed  with  accelerated  rapidity. 
The  tide  of  emigration  in  front  is 
forced  on  by  its  succeeding  wave, 
and  your  public  lands  will  be  oc- 
cupied by  your  citizens,  and  im- 
proved, whether  you  survey  them 
or  not ;  and  what  is  the  cqnse- 
quence  ?  At  every  session  of 
Congress,  shall  we  be  compel- 
led to  interrupt  our  regular  sys- 
tem of  disposing  of  the  public 
lands,  to  grants  to  these  honest 
pioneers  the  right  of  settlement 
and  pre-emption.  No  Congress 
has  yet  refused  it — no  Congress 
will  refuse  it.  My  situation  as  a 
member  of  the  Committee  on 
the  Public  Lands,  enables  me  to 
speak  of  the  fact,  if  it  has  not 
already  attracted  the  attention  of 
the  House,  that  petitions  from 
every  quarter  in  behalf  of  this 
worthy  class  of  our  population 
now  lie  upon  your  table,  calling 
upon  you  to  extend  to  them  the 
privileges  of  the  pre-emption  law 
of  last  session,  upon  the  ground 
that  the  land  on  which  they  reside 
had  not  been  surveyed,  conse- 
quently they  could  not  avail  them- 
selves of  the  beneficent  provisions 
of  that  act.  We  must  grant  it 
them — we  cannot  refuse ;  and  I 
hope  no  American  Congress  will 
be  found  willing  to  expose  the 
home,  of  a  citizen  to  the  high- 
est bidder,  with  a  view  to  wring 
from  him  the  last  dollar,  to  pay 
for  that  which  his  own  labor  has 
produced — his  little  tenement, 
the  shelter  of  his  family.  There 
is  but  one  way  to  stop  these  ap- 
peals, and  that  is  by  surveying 
the  land  as  speedily  as  possible. 


92 


ANNUAL  REGISTER,  1830—31. 


You  cannot  prevent  your  citizens 
from  taking  possession  of  the  pub- 
lic lands.  You  may  pass  your 
penal  laws  to  prevent  it,  but  you 
cannot  enforce  them.  The  public 
sentiment  and  feeling  are  against 
such  laws,  and  they  would  be 
dead  letters  on  your  statute  book. 
I  trust,  sir,  the  amendment  will 
not  prevail,  and  that  the  Govern- 
ment will  be  permitted  to  proceed 
with  all  reasonable  despatch  to 
execute  the  surveys,  and  bring 
the  lands  into  market. 

Mr  White,  of  Floridp,  said 
that  the  delays  and  difficuhies 
succeeding  the  acquisition  of  Flor- 
ida, by  the  United  States;  the 
time  required  for  the  examination 
and  decision  of  the  claims  derived 
from  the  former  government ;  and 
the  removal  of  the  Indians,  had 
retarded  the  surveys  of  the  pub- 
lic lands  in  that  Territory.  What- 
ever might  be  the  necessity  in 
other  quarters,  where  these  em- 
barrasments  did  not  exist,  he  was 
sure  it  would  operate  injuriously 
to  that  part  of  the  country,  whose 
interests  it  was  his  duty  to  guard 
by  this  floor*  He  was  opposed 
to  striking  out  the  proposed  ap- 
propriation, and  most  solemnly 
protested  against  the  arguments 
by  which  it  was  urged  upon  the 
House.  If  he  properly  under- 
stood the  honorable  member 
from  Ohio,  he  was  in  favor  of 
striking  out  that  section  of  the 
bill,  because  there  were  lands 
enough  surveyed  for  the  market, 
and  because  offering  new  lands  for 
sale  would  depreciate  the  price 
of  those  before  purchased.  This 
might  suit  the  meridian  of  Ohio, 
Illinois,  and  Missouri,  but  it  is  not 
in  accordance  with  the  rights  or 


interests  of  Arkansas  and  Florida. 
The  gentleman  has  said  that  eight 
millions  of  acres  have  been  sur- 
veyed in  Florida,  because  he  has 
a  printed  statement  saying  that 
twentyfour  millions  were  to  be  sur- 
veyed in  1825.  I  do  not  believe, 
at  that  time,  that  there  was  half 
a  million  surveyed,  and  the  only 
way  in  which  it  can  be  accounted 
for,  is,  that  the  author  of  the  pa- 
per he  holds  in  his  hands  put 
down  the  private  land  claims  that 
were  held  under  the  treaty,  as 
part  of  the  public  lands  to  be  sur- 
veyed. 

[Mr  Vinton  explained :  He 
said  he  had  derived  his  informa- 
tion from  the  statistical  tables  of 
Van  Zandt  and  Watterston.  From 
these  it  appeared,  that  in  1825 
three  millions  of  acres  of  lands 
had  been  surveyed  in  Florida — 
there  were  now  seven  millions 
surveyed.  There  were  said  to 
have  been  thirtyone  millions  of 
acres  of  land  purchased  by  the 
United  States  in  Florida — ^by  a 
statement  of  the  Delegate  from 
that  Territory,  read  from  the 
Clerk's  table,  it  appeared  that 
twentyfour  millions  of  acres  re- 
mained to  be  surveyed,  and  the 
gentleman  could  therefore  make 
his  own  calculations  of  the  quan- 
tity that  had  already  been  sur- 
veyed.] 

Mr  Pettis  of  Missouri  begged 
leave  to  remind  the  gentlemen 
of  what  had  frequently  occurred 
in  the  House  when  any  discus- 
sion took  place  on  the  subject  of 
the  public  lands.  Whenever  any 
proposition  was  before  it,  propos- 
ing to  amend  the  system  in  re- 
gard to  the  mode  of  disposing  of 
ths   pjblic   lands;    whenever   it 


PUBLIC  LANDS. 


93 


was  proposed  to  reduce  the  price 
of  these  lands,  and  that  to  actual 
settlers,  in  small  parcels ;  we  of 
the  new  States  have  been  entreat- 
ed by  gentlemen,  not  to  interrupt 
the  existing  system  in  regard  to 
these  lands.     We  have  been  told 
that  the  system  was  devised  by 
the  wisest  men  of  the  nation,  and 
matured  by  the  wisdom  of  expe- 
rience.    Sir,  said  Mr  P.  the  tone 
is  now  changed.     The  gentlemen 
are  themselves  proposing  an  inno- 
vation of  the  most  prejudicial  char- 
acter to  the  new  States  and  to 
the  Territories.   Your  committee 
of  Ways   and  Means  have  told 
you,  that  the  estimate  made  by  the 
several  surveyors  was  $200,000 
dollars;   that  made  and  sent  in 
by  the  Treasury  Department  was 
.f  150,000;   and   the   committee 
propose  appropriating  but  f  ISO, 
000,  for  the  surveys  to  be  made 
the  ensuing  year.     We  all  know, 
that  no  appropriation  was  made 
for  this  object  at  the  last  session  ; 
and  the  committee  have  told  us 
that  the   land  office  department 
was  in  consequence,  $30,000  in 
arrears.      The   committee  have 
stated,  that  the  appropriation  re- 
commended by  them  is  about  the 
average   of    such   appropriations 
made  during   the  last   seven  or 
eight  years,  and  not  so  much  as 
had  been  appropriated  for  many 
years   previous    thereto.      Not- 
withstanding these  iacts,  we  have 
seen  the  gentlemen  heretofore  so 
much  opposed  to  innovation,  pro- 
posing to  strike  out  the  appropri- 
ation recommended,  and  to  Insert 
less   than   half  that   sum.     We 
have  been  told  by  the  gentleman 
from    Ohio    (Mr    Vinton)    that 
this  is  an  enormous  appropriation, 
9 


and  that  the  sales  of  the  public 
lands    do   not  justify   it. 

The  nett  proceeds  of  these  sales 
for  the  last  year  amounted  to 
nearly  two  millions  of  dollars. 
Can  this  appropriation,  then,  be 
considered  enormous  ?  That  gen- 
tleman has  told  us,  that,  from 
1815  to  1S20,  the  Government 
surveyed  and  brought  into  mar- 
ket too  great  a  portion  of  these 
lands ;  and  that  the  consequence 
had  been  a  great  depreciation  in 
the  value  of  lands  in  the  hands 
of  individuals.  And  he  now  op- 
poses the  present  appropriation 
because,  as  he  says,  it  will  bring 
too  much  land  into  market,  and 
the  result  will  be  a  further  de- 
preciation in  the  price  of  private 
property. 

Mr  P.  said  he  was  not  dis- 
posed to  attribute  personal  mo- 
tives to  the  gendeman  from  Ohio ; 
but  he  did  impute  to  him  consid- 
erations of  State  interest.  The 
true  secret  is,  that  Ohio  has 
no  more  public  lands  to  be  sur- 
veyed. All  the  public  lands 
within  her  limits  were  surveyed 
during  the  time  when,  according 
to  the  gentleman  from  Ohio,  the 
Government  was  pursuing  an  ejc- 
travagant  course  in  regard  to  these 
surveys.  We  then  heard  no  ob- 
jection from  Ohio.  It  is  well 
known,  that  during  that  period 
Ohio  had  grown  up  in  a  manner 
unparalleled  in  the  history  of  the 
world.  Large  appropriations  for 
surveying  were  then  well  enough. 
Nearly  all  the  public  lands  within 
her  limits  have  been  sold ;  and 
now  vvc  are  called  on  to  stop  the 
surveys,  for  fear  it  may  have  an 
injurious  effect  upon  private  prop- 
erty  in   Ohio.      We   must   not, 


94 


ANNUAL  REGISTER,  1831—32. 


it  is  said,  bring  these  lands  into 
competition  with  private  lands  in 
that  State.  Tliey  have  reaped 
their  harvest ;  they  have  had  their 
land  surveyed  and  sold  under 
this  system  ;  the  private  property 
of  the  citizens  of  the  old  States 
has,  if  you  please,  been  depreci- 
ated in  value,  for  the  benefit  of 
Ohio  ;  this  State  has  rapidly  pop- 
ulated from  the  old  States  under 
this  system  :  but  now,  forsooth, 
Ohio  having  all  she  desires,  the 
'system  of  surveying  is  to  be  stop- 
ped for  her  benefit;  to  keep  up 
the  value  of  her  private  property  ; 
dnd  to  keep  her  population  from 
being  induced  to  migrate  further 
West.  This  is  not  all,  there  is 
another  motive.  On  a  certain 
occasion,  a  million  of  acres  of  the 
public  lands  were  given  to  Ohio 
lor  making  Canals.  He  would 
not  say  it  was  given  by  way  of 
bribe.  Is  is  true,  however,  that 
at  a  particular  crisis,  two  bills 
were  pushed  through  Congress 
having  different  and  opposing 
friends,  each  bill  making  a  dona- 
lion  of  about  500,000  acres  of 
land.  These  lands  have  been 
selected  in  small  parcels  from 
the  best  of  the  public  lands  in 
that  State ;  and  now  the  surveys 
of  other  public  lands  is  to  be 
checked,  to  prevent  other  lands 
from  being  brought  in  competition 
with  these  lands  thus  given  and 
thus  selected,  and  to  keep  up  their 
value.  Sir,  said  Mr.  P.  is  this 
liberal  ?  Is  it  generous  ?  Is  it  fair  ? 
He  would  not  say  it  was  unjust, 
but  he  would  say  it  was  very  un- 
fair. The  gentleman  from  Ohio, 
(Mr  Vinton)  not  satisfied  with 
using  these  arguments,  has  thought 
proper  to  state,  that  the  most  of 


the  revenue  arising  from  the  sales 
of  public  lands  was  drawn  from  the 
old  land  districts,  and  conse- 
quently from  Ohio.  Sir,  the 
gendeman  is  mistaken.  The  fact 
is  not  so.  The  sales  of  the  pub- 
lic lands  in  the  State  of  Illinois 
for  the  last  year  amount  to  nearly 
double  the  amount  of  those  from 
Ohio.  The  sales  in  Missouri, 
in  Indiana,  and  in  Alabama, 
greatly  exceed  those  of  Ohio  for 
the  last  year. 

The  gentleman  from  Ohio  has 
based  his  opposition  to  this  bill 
on  the  ground,  that  there  is  alrea- 
dy more  land  in  market  than  is 
demanded  by  purchasers.  He 
contends,  that  the  Government 
should  act  as  an  individual,  and 
not  permit  the  supply  to  exceed 
the  demand.  Was  not  this  the 
case  when  the  Government  was 
making  such  liberal  appropria- 
tions for  surveys  in  Ohio  ?  Shall 
we  now  change  our  course  for 
the  benefit  of  Ohio,  who,  from 
her  proximity  to  the  old  States, 
has  always  possessed  a  great 
advantage  over  other  new  States? 
Shall  the  Government  hug  the 
public  lands  as  a  treasure  for  mere 
purposes  of  revenue?  This  doc- 
trine has  been  utterly  disclaimed 
by  all  parties  in  another  quarter. 
The  proposition  to  stop  the  surveys 
of  the  public  lands  had  been  dis- 
cussed at  great  length  in  the  quarter 
referred  to.  It  received  a  deci- 
sive negative,  not  only  then,  but, 
as  was  then  believed,  its  everlast- 
ing quietus,  by  the  good  people 
of  this  nation.  Believing  this 
question  at  rest  forever,  he  had 
been  taken  by  surprise  in  this  de- 
bate. He  would  take  this  occa- 
sion to  say,  however,  that  he  con- 


PUBLIC  LANDS. 


95 


sidered  it  the  duty  of  the  Gov- 
ernment, and  very  important  to 
the  new  States,  that  these  lands 
should  be  brought  into  market,  as 
speedily  as  the  United  States  can 
reasonably  defray  the  expense 
thereof;  and  that  every  facility 
should  be  afforded  to  the  extin- 
guishment of  the  title  of  the  Gov- 
ernment in  and  to  these  lands. 
And  to  this  end  he  contended  that 
the  price  of  these  lands  should 
be  reduced,  especially  in  favor  of 
actual  setders.  He  made  these 
remarks,  because  he  was  well  sat- 
isfied that  this  opposition  to  the 
surveying  of  more  lands  was  a 
preliminary  step,  to  the  stand  to 
be  taken  against  any  reduction  of 
the  price  of  public  lands.  Gen- 
tlemen have  been  railmg  against 
innovation  in  the  land  system,  un- 
til they  have  got  ready  their  own 
machinery,  and  now  they  are  for 
a  vigorous  effort  to  oppress  still 
further  the  new  Statej  in  regard 
to  the  public  lands. 

Mr  P.  said  he  felt  himself 
bound,  to  take  notice  of  the  re- 
marks made  by  thv^  gendeman 
from  Ohio,  (Mr  Vinton)  and  by 
the  gentleman  from  Kentucky 
(Mr  Wickliffe)  relative  to  the 
claims  set  up  by  some  of  the  new 
States  to  the  public  lands.  The 
gentleman  from  Ohio,  in  opposing 
this  appropriation,  has  thought 
proper  to  urge  as  a  reason  for  his 
opposition,  that  some  of  the  States 
had  certain  pretensions  to  the 
right  of  property  in  the  lands 
within  their  limits  ;  and  insinuates 
that  the  United  States  should  sur- 
vey no  more  of  these  lands,  be- 
cause, he  says,  it  is  for  the  States 
thus  setting  up  their  claims.  The 
gendeman  from  Kentucky,  in  re- 


pelling these  insinuations,  has  ^ 
indulged  himself  in  ridicule  of 
those  who  entertain  such  opinions. 
He  has  indeed  uttered  very  se- 
vere denunciations  against  them. 
He  was  sorry  to  hear  such  re- 
marks from  that^  quarter,  but  he 
(elt  himself  called  on  to  make  a 
reply.  Mr  P.  said  it  was  well 
known  to  the  House,  that  during 
the  last  session  the  new  States 
were  ridiculed,  taunted,  reproach- 
ed, for  the  pretensions  some  of 
them  had  made  to  the  right  ol 
property  in  the  public  domain 
within  their  limits.  This  was 
urged  then  as  a  reason,  why  the 
proceeds  of  the  lands  should  be 
divided  among  all  the  States,  for 
the  purposes  of  internal  improve- 
ment and  education.  On  that 
account  the  public  lands  in  the 
new  States  were  to  be  divided 
among  the  old  States.  Observ- 
ing the  strong  prejudices  which 
had  been  excited  by  these  in- 
sinuations, he  attempted  to  re- 
move them  by  frankly  and  ful- 
ly stating  the  arguments  and 
ground  on  which  they  relied,  for 
the  justness  of  their  conclusions. 
He  had  asked  to  be  shown  the 
part  of  the  ConstituUon,  which 
authorised  the  United  States  to 
hold  lands  within  the  limits  of  a 
sovereign  State.  He  had  insisted, 
that  if  the  Government  could  hold 
these  lands  and  sell  them,  they 
could  lease  them,  and  make  the 
citizens  of  the  new  States  tenants 
to  the  United  States.  He  had 
urged,  that  the  practice  of  the 
Government,  in  regard  to  crown 
lands  in  the  old  States,  showed 
what  the  first  opinions  under  the 
Constitution  were  on  this  subject. 
He  had  as  politely  and  respect- 


06 


ANNUAL  REGISTER,  1830—31. 


fully  as  he  could,  invited  gentle- 
men to  answer  his  arguments. 
No  one,  not  even  the  gentleman 
from  Kentucky,  had  met  the  ar- 
gument. None  had  undertaken 
the  task.  The  subject  had,  it  is 
true,  been  touched  on  in  another 
body,  and  barely  touched  on,  but 
the  argument  was  not  met. 

But  to  return  to  the  immediate 
subject  before  us,  Mr  P.  said  he 
considered  the  Government  pledg- 
ed to  take  the  most  liberal  steps 
to  settle  and  sell  the  public  lands. 
In  1780  the  Old  Congress,  when 
iliey  invited  the  States  to  surren- 
der their  wild  lands,  gave  a 
sacred  pledge,  that  these  lands 
should  be  settled  and  sold,  and 
formed  into  distinct  Republican 
States,  having  the  same  rights  of 
sovereignty,  freedom,  and  inde- 
pendence, as  the  original  States. 
Shall  we  not  redeem  this  pledge  ? 
How  can  it  be  redeemed  but  by 
having  these  lands  surveyed  ?  How 
can  you  have  these  lands  sold  and 
settled,  without  bringing  the  price 
within  the  means  of  the  great  bo- 
dy of  purchasers  ?  Sir,  said  Mr 
P.  if  no  amelioration  is  intended 
to  be  extended  to  us,  we  cannot 
surely  bear  a  more  rigid  system. 
Let  us  have  the  usual  appropria- 
tion for  surveying,  and  adjust 
other  matters  in  relation  to  these 
lands  hereafter. 

Mr  Strong  regretted,  that  so 
much  debate  had  taken  place  on 
the  proposed  amendment.  He 
said  he  was  in  favor  of  going  on 
vv'ith  the  surveys,  and  believed 
the  usual  appropriation  for  the 
purpose  averaged  about  ,f50,000. 
He  wanted  to  know,  however, 
what  had  become  of  the  f  84,000 
of  which  he  had  before  spoken  ? 


Was  it  all  expended  the  last  year 
for  surveys?  Was  the  Depart- 
ment now  in  debt?  His  desire 
w^as  to  get  at  the  facts.  Had 
^84,000  been  expended  last  year 
for  surveys,  and  was  the  Depart- 
ment in  debt  |30,000  more  ?  If 
such  was  the  fact,  he  wanted  to 
know  the  reasons  for  so  great  an 
expenditure  for  this  purpose.  He 
was  willing  to  give  fifty  or  sixty 
thousand  dollars  a  year  for  sur- 
veys ;  but  he  saw  no  necessity  for 
granting  one  hundred  or  one  hun- 
dred and  fifty  thousand  dollars  a 
year  to  carry  them  on.  He  was 
desirous,  that  the  department 
should  be  out  of  debt,  and  then 
let  the  surveys  go  on  as  fast  as 
they  were  necessary. 

Mr  Verplanck  said  his  col- 
league would  find  an  answer  to 
his  inquiries,  by  turning  to  the  re- 
port of  the  commissioner  of  the 
General  Land  Office,  appended 
to  the  message  of  the  President, 
at  the  commencement  of  the  pres- 
ent session — (from  which  he  read 
an  extract).  He  said  further, 
that  the  present  appropriation 
would  cover  all  arrearages. 

Mr  Vinton  said  it  was  not  his 
intention,  after  what  he  had  said, 
to  enter  farther  into  the  debate ; 
but  the  remarks  that  had  been 
made,  applicable,  not  to  the  ques- 
tion, but  to  the  State  of  Ohio,  left 
him  no  alternative  but  to  vindicate 
the  State  from  which  he  came. 

The  gentleman  from  Kentucky, 
who  was  followed  by  the  gen- 
tleman fi'om  Missouri,  had  thought 
proper  to  open  an  attack  upon  the 
State  of  Ohio,  through  him,  by 
asserting  that  Ohio  had  been  the 
favored  State  of  the  West,  and 
when  she  had  obtained  all  her 


PUBLIC  LANDS. 


97 


ends,  she  was  actuated  by  a  de- 
sire to  oppress  and  keep   down 
the  other  new  States.    He  would 
say  to  those  gentlemen,  one  and 
all,  that  to  answer  an  argument 
was  one  thing,  and  to  fly  away 
from  it  into  insinuation  was  an- 
other.   It  was  an  artifice  to  escape 
from  an  argument,  which  no  gen- 
tleman, who  had  a  proper   self- 
respect  would  hazard  in  the  face 
of  an  intelligent  assembly.     The 
gentleman  from  Missouri,  in  par- 
ticular, had  given  himself  great 
indulgence  in  insinuations  against 
the  State  of  Ohio.    He  had  called 
on  her  delegation  to  do  as  they 
had  been  done  by,  and  commented 
very  much  at  large  upon  the  fa- 
vors which   Ohio   had  received 
from  Congress.    He  said,  that  vast 
sums  of  money  had  been  paid  for 
surveying  the  lands  in  Ohio ;  that 
now  they  were  all  surveyed,  she 
was  anxious  to  arrest  the  surveys 
in  Missouri,  at  the  same  time  tax- 
ing  Ohio   with    ingratitude    and 
other  sinister  motives.    Sir,  if  the 
gentleman  from  Missouri  is  desir- 
ous, that  his  State  should  be  treat- 
ed, in  respect  to  the  public  lands, 
as  the  State  of  Ohio  has  been,  for 
himself  he  would  ask  and  desire 
no  more  than  that  the  gentleman 
from  Missouri  would  abide  by  the 
application  of  the  rule,  which  he 
seems  to  be  so  anxious  to  get  the 
benefit  of.     He  wants  the  public 
lands  surveyed  in  Missouri,  with 
the  same  rapidity  with  which  that 
operation  was  carried  on  in  Ohio. 
The  surveys,  sir,  were  commen- 
ced in  Ohio  in  1785,  and  were  not 
completed  in  that  State  until  after 
the  year  1820,  a  period  of  more 
than  thirty-five  years.     Now,  sir, 
apply  the  rule  of  favored  Ohio  to 
9* 


Missouri,  and  the  surveys  will  noC 
be  completed  there  these  twenty 
years  to  come; — thus  much  for 
that  part  of  the  insinuation,  that 
Ohio  is  unwilling  to  do  for  others 
that  which  has  been  done  for  her. 
But,  again,  the  gentleman  says 
vast  sums  have  been  expended 
for  surveys  in  Ohio,  and  now  she 
refuses  a  similar  favor  to  Missouri. 
During  these  thirty-five  years,  a 
little  more  than  fourteen  millions 
of  acres  were  surveyed  in  Ohio, 
being  the  whole  amount  of  public 
land  in  that  State.     In  the  course 
of  some  seven  or  eight  years  prior 
to  1 825,  about  twenty-seven  mil- 
lions had  been  surveyed  in  Mis-* 
souri,  being   an   expenditure   of 
nearly  twice  as  much  in  Missouri 
as  the  whole  amount  of  all  the 
surveys  made    in  Ohio,  and,  in 
less  than  one-fourth  part  of  the 
time.     Let  the  gentleman  have 
the  benefit  of  this  example  of  fa- 
vored Ohio,  and  the  surveys  in 
Missouri  would  stop  for  the  pres- 
ent where  they  now  are.     Ohio 
has  paid  into  the  public  treasury 
near  twenty  millions  of  dollars  for 
land,  while  the  receipts  from  Mis- 
souri have  not  gone  much,  if  any, 
beyond  a  million  and  a  half.     Let 
Missouri  follow  this  example,  if 
the  gentleman  is  really  desirous 
to  coj)y  from  Ohio,  and  then  come 
and  claim  the  grants  and  favors, 
that  have  been  bestowed  on  Ohio. 
Mr  V.  said  he  protested  against 
the  right  of  any  gentleman  here 
to  arraign  the  motives  of  Ohio. 
Is   Ohio   to   be   put   under   the 
ban  of  her  neighbors  ?     Is  she 
not  a  part  of  this  Union  ?     Has 
she  not  interests,  which  it  is  the 
duty  of  this  House  to  protect  in 
common  with  her  sister  States? 


98 


ANNUAL  REGISTER,  1630—31. 


Have  not  her  Representatives  a 
right  to  be  heard  on  this  floor,  and 
to  mingle  in  debate  in  questions 
like  the  present,  in  which  she  has 
more  at  stake,  and  a  deeper  inter- 
est than  any  State  in  the  Union  ? 
These,  sir,  are  rights  which  her 
Representatives  on  this  floor  will 
neither  surrender  nor  cease  to 
exercise,  while  they  are  faithful 
to  her  or  true  to  themselves. 

Mr  Polk  said  he  did  not  intend 
unnecessarily  to  proti'act  this  un- 
expected discussion.     His  princi- 
pal object  was  to  call  back  the 
attention  of  the  House  to  the  real 
question  before  it.     The  Chair- 
hian  of  the  committee  of  Ways 
and  Means  had  informed  us,  that 
this  was  the  usual  and  ordinary 
annual  appropriation  for  this  ob- 
ject ;  that  it  was  below  the  aver- 
age of  appropriations  for  the  sur- 
vey of  the  public  lands,  for  the 
last  half  dozen  years  or  more ; 
that  it  was  much  below  the  appro- 
priations for  the  same  object,  be- 
tween the  years  1815  and  1821. 
To  refuse  it,  would  be  suddenly 
to  change,  what  has,  for  a  great 
series  of  years,  been  understood 
tn  be  the   setded  policy  of  the 
Government  in  regard  to  its  pub- 
lic domain.     Were  we  now  pre- 
pared to  discuss  or  to  decide  that 
question  ?     He  trusted  that  upon 
this  annual  appropriation  bill  for 
the  support  of  Government,  we 
should  not  get  into  a  discussion 
about  the  expediency  of  changing 
our  past   policy.     If  the  amend- 
ment of  the  gentleman  from  Vir- 
ginia prevailed,  more   than    half 
of  it  would  be  exhausted  in  pay- 
ing arrearages  for  surveys  made 
during  the  last  year ;  and  the  sum 
remaining;  would  be  greatly  less 


than  the  usual  sum,  and  -would 
be  wholly  inadequate  to  defray 
the  expense  of  surveying  that 
portion  of  the  public  lands,  which 
it  might  be  the  interest  of  the 
Government  to  survey,  and  bring 
into  market  the  present  year. 
The  gentleman  from  New  York 
had  admonished  us,  that  we 
should  have  an  eye  to  economy. 
He  believed  that  he  regarded 
economy  in  his  votes  in  that 
House,  as  much  as  the  gentle- 
man from  New  York,  or  any 
other ;  but  he  denied  that  it  was 
economy  to  postpone  the  surveys 
of  the  public  lands.  When  once 
surveyed,  the  work  had  never  to 
be  done  again.  The  expense  of 
surveying  them  had  to  be  incurred 
before  they  could  be  brought  into 
market,  and  he  thought  it  true 
economy  to  place  them  in  a  con- 
dition to  be  sold  as  speedily  as 
possible,  that  the  Government 
might  realise  the  price  of  them. 
If  the  object  of  reducing  the  ap- 
propriation w^as  to  retard  their 
sale,  and  thereby  put  a  check  to 
the  emigVation  to  the  West,  and 
prevent  their  speedy  setdement, 
he  hoped  that  we  should  not  be 
compelled  to  discuss  a  question, 
so  radically  changing  our  policy, 
upon  an  appropriation  bill.  If 
economy  was  the  object,  there 
was  the  same  reason  for  reducing 
the  appropriation  last  year,  or  ten 
years  ago,  that  there  was  now. 
He  hoped  that  the  House  would 
take  the  question  without  further 
debate. 

The  question  was  now  loudly 
demanded ;  and  Mr  Clay  called 
for  the  yeas  and  nays;  but  th© 
House  refused  to  order  them. 

Mr  Storrs,  of  New  York,  asked 


RUSSIAN  MISSION. 


99 


what  had  been  the  average  sum 
appropriated  for  surveys  in  past 
years  ? 

Mr  Verplanck  replied,  that  it 
had  varied  Trom  seventy  to  one 
hundred  and  fifty,  or  two  hundred 
thousand  dollars.  The  commit- 
tee of  Ways  and  Means,  after  due 
examination,  had  fixed  it  at  from 
ninety  to  one  hundred  thousand 
dollars.  Going  back  to  the  year 
1815,  it  would  be  found  to  be 
something  more. 

The  question  was  put  on  agree- 
ing to  the  amendment  submitted 
by  Mr  Mc  Coy,  and  decided  in 
the  negative — ayes  46,  noes  not 
counted. 

The  question  then  recurred  on 
the  amendment  proposed  in  Com- 
mittee of  the  Whole,  and  it  was 
determined  in  the  affirmative, 
without  a  division. 

After  the  termination  of  this 
discussion,  Mr  Stanberry  moved 
to  strike  out  the  appropriation  for 
a  salary  for  the  minister  to  Rus- 
sia. This  motion  was  founded 
on  the  circumstances  attending 
the  visit  of  Mr  John  Randolph, 
the  minister  of  the  United  States, 
to  that  country. 

Mr  Randolph  had  left  the 
United  States  shortly  after  his 
appointment  in  one  of  the  public 
vessels,  and  after  a  short  visit  to 
England,  proceeded  to  his  post. 
Immediately  after  landing  at  St 
Petersburgh,  he  commenced  the 
display  of  one  of  those  constitu- 
tional freaks  of  eccentricity,  which 
had  characterised  him  throughout 
life,  and  which,  in  the  opinion  of 
the  greater  part  of  the  communi- 
ty, disqualified  him  for  any  office 
requiring  prudence   and   discre- 


tion ;  and  after  indulging  in  the 
most  extraordinary  whims  for  the 
space  of  ten  days,  suddenly  left 
his  post,  and  departed  for  Eng- 
land, where  he  spent  die  remain- 
der of  the  year,  during  which  he 
continued  to  hold  the  commission 
of  envoy  extraordinary  to  Russia. 

As  the  President  manifested 
no  displeasure  at  this  unprece- 
dented course  of  conduct  in  a 
public  minister ;  but  on  the  con- 
trary had  informed  Congress,  that 
his  departure  from  St  Peters- 
burgh was  with  the  consent  of  the 
government,  granted  previous  to 
Mr  Randolph's  departure  from 
the  United  States,  it  was  deemed 
proper  to  obtain  the  opinion  of 
Congress  on  this  atternpt  to  re- 
ward a  favorite  at  the  expense  of 
the  public  service. 

On  the  thirteenth  of  Januar}', 
the  House  having  resumed  the 
consideration  of  the  general  ap- 
propriation bill,  Mr  Carson  rose 
in  opposition  to  the  motion  of  Mr 
Stanberry  to  strike  out  the  appro- 
priation of  the  salary  of  the  min- 
ister to  Russia. 

Mr  Carson  said  he  heard  with 
surprise  the  motion  made  yester- 
day by  the  gentleman  from  Ohio ; 
and  it  was  with  still  more  sui*prise 
he  had  heard  the  reason,  which 
the  gendeman  assigned  for  his 
motion ;  which  was,  that  the 
House  had  been  informed  by  the 
message  of  the  President,  that 
we  had  no  Minister  at  the  Court 
of  Russia.  The  gentleman  had 
mistaken  the  Executive  message, 
he  had  mistaken  the  information 
which  it  conveyed  to  the  House, 
and  if  the  motion  originated  in 
that  mistake,  it  fell  to  the  ground. 
If  the  present  motion  was  meant 


100 


ANNUAL  REGISTER,  1830—31. 


as  a  covert  blow  at  the  Executive, 
it  was  a  feeble  one ;  the  arm  that 
struck  it  was  too  nerveless  to 
reach  its  object.  Mr  C.  here 
read  the  following  passage  from 
the  President's  Message  : 

*  Our  relations  with  Russia  are 
of  the  most  stable  character. — 
Respect  for  that  Empire,  and 
confidence  in  its  friendship  to- 
wards the  Unit3d  States,  have 
been  so  long  entertained  on  our 
part,  and  so  carefully  cherished 
by  the  present  Emperor  and  his 
illustrious  predecessor,  as  to  have 
become  incorporated  with  the 
public  sentiment  of  the  United 
States.  No  means  will  be  left 
unemployed  on  my  part  to  pro- 
mote these  salutary  feelings,  and 
those  improvements  of  which  the 
commercial  intercourse  between 
the  two  countries  is  susceptible, 
and  which  have  derived  increased 
importance  from  our  treaty  with 
the  Sublime  Porte. 

'  1  sincerely  regret  to  inform 
you  that  our  Minister  lately  com- 
missioned to  that  Court,  on  whose 
distinguished  talents  and  great  ex- 
perience in  public  affairs  I  place 
great  reliance,  has  been  compell- 
ed by  extreme  indisposition  to 
exercise  a  privilege,  which,  in 
consideration  of  the  extent  to 
which  his  constitution  had  been 
impaired  in  the  public  service, 
was  committed  to  his  discretion, 
of  leaving  temporarily  his  post  for 
the  advantage  of  a  more  genial 
climate. 

'  If,  as  it  is  to  be  hoped,  the 
improvement  of  his  health  should 
be  such  as  to  justify  him  in  doing 
so,  he  will  repair  to  St  Peters- 
burgh,  and  resume  the  discharge 
of  his  official  duties.     I  have  re- 


ceived the  most  satisfactory  as- 
surance that,  in  the  mean  time, 
the  public  interests  in  that  quarter 
will  be  preserved  from  prejudice, 
by  the  intercourse  which  he  will 
continue,  through  the  Secretary 
of  Legation,  with  the  Russian 
Cabinet.' 

Now,  said  Mi-  C,  does  this  jus- 
tify the  motion,  and  as  a  measure 
of  policy,  would  it  be  right  to 
strike  out  the  appropriation  ? — 
What  inference  could  be  drawn 
from  our  refusing  the  appropria- 
tion, but  that  we  were  about  to 
suspend  our  intercourse,  and  all 
amicable  relations,  with  the  Court 
of  Russia  ? 

Mr  Stanberry  rose  and  replied, 
that  the  motion  was  dictated  by 
those  principles  which  brought 
General  Jackson  into  office. — 
During  the  preceding  administra- 
tion, great  clamor  was  heard  about 
the  profligate  expenditure  of  the 
public  money,  and  about  con- 
structive journeys ;  and  a  change 
of  administration  was  urged  for 
the  purpose  of  correcting  these 
abuses.  But  Mr  S.  saw  no  dif- 
ference between  paying  an  officer 
for  a  constructive  residence  and 
for  a  constructive  journey.  The 
House  had  just  heard  read,  that 
the  Minister  sent  to  Russia  does 
not  reside  there ;  we  have  all 
seen  him  here — we  know  him, 
and  know  that  he  cannot  reside 
there  ;  if  he  receive  the  public 
money  as  Minister  to  Russia, 
without  residing  there,  he  will  be 
paid  for  a  constructive  residence. 
We  know,  as  far  as  we  know 
anything  about  him,  that  he  re- 
sides in  England,  or  in  France ; 
we  know  at  any  rate,  that  he  does 
not  reside  at  his  post  in  Russia, 


RUSSIAN   MISSION. 


101 


nnd  have  reason  to  believe  that 
he  will  not  reside  there.  Is  it 
right  to  pay  for  duties  thus  per- 
formed ?  Might  he  not  as  well 
reside  at  home,  and  still  be  con- 
sidered Minister  to  Russia,  as  to 
reside  in  England  or  France  in 
that  capacity  ?  Mr  S.  said  that 
in  making  the  motion,  he  had 
aimed  no  covert  blow  at  the  ad- 
ministration ;  he  had  made  the 
motion  in  pursuance  of  what  he 
deemed  his  duty  to  the  public.  In 
doing  so,  he  was  acting  as  the  in- 
dividual in  question  would  himself 
have  acted,  under  similar  circum- 
stances, were  he  now  a  member 
of  this  House.  If  we  are  to  pay 
that  individual  for  the  public  ser- 
vices, which  it  is  said  he  has  per- 
formed, let  us  do  so  directly,  not 
indirectly ;  not  pay  him  for  those 
services,  by  giving  him  a  salary 
for  an  office  which  he  fills  but  in 
name.  These  principles,  I  learn- 
ed, said  Mr  S.,  from  that  gende- 
man  himself,  in  here  listening  to 
him  with  delight,while  denouncing 
the  abuses  of  other  administrations 
in  misapplying  the  public  money. 
Mr  Archer  said,  that  it  propos- 
ed to  take  I'i'om  the  appropriation 
bill  the  provision  for  the  mission  to 
Russia.  If  this  were  done,  not 
the  professed  object  only,  the  re- 
call of  the  present  Minister  to  that 
Court,  but  an  effect  much  beyond 
it  w^ould  be  produced  ;  the  inter- 
diction of  any  mission  there  at  all. 
If  there  was  to  be  no  appropria- 
tion, no  Minister  could  be  main- 
tained. The  operation,  then,  of 
the  motion,  if  it  should  succeed, 
would  be  to  suspend  diplomaUc 
relations  with  that  Power — the 
greatest  in  the  world — the  Power 
with  which  our  relations  of  amity 


had  been  the  least  interrupted, 
and  the  closest — to  which  in  great 
and  vital  collisions  which  might 
await  us,  we  must  look,  if  any- 
where, for  consentaneous  policy 
and  effective  support.  In  this 
view  of  the  subject,  he  should 
submit  the  motion  to  the  decision 
of  the  House. 

There  were  purposes,  however, 
Mr  A.  said,  covered  by  the  mo- 
tion, which  would  induce  him  to 
trouble  the  House  with  a  few  ob- 
servations. The  gentleman  aim- 
ed at  by  the  motion,  was  from  his 
own  Slate;  distinguished  by  a 
large  share  of  its  esteem,  and 
some  degree  of  sensibility  might 
be  supposed  to  be  awakened  by 
the  attacks  upon  him,  and  on  the 
Executive  for  his  appointment, 
circulated  very  extensively,  and 
now  disclosing  themselves  here. 
Exception  had  been  taken  to  the 
appointment.  With  what  propri- 
ety ?  The  House  might  exert  a 
restraining  judgment,  through  the 
incidental  operations  of  its  power 
to  deny  appropriations,  on  the 
institution  of  missions.  But  in 
relation  to  the  persons  by  whom 
they  were  to  bo  filled,  or  the  con- 
duct of  the  incumbents  in  their 
discharge,  it  was  not  the  province 
of  the  House  to  exercise  judg- 
ment and  discretion,  but  ot  the 
Executive.  But  where  was  the 
ground  for  imputation  in  any  view 
in  the  present  instance  ?  As  re- 
garded the  nomination,  for  which 
the  Executive  had  been  arraigned 
with  censure  so  widely  diffused, 
and  unsparing,  the  person  receiv- 
ing it — who  was  he  ?  How  many 
filled  so  large  a  space  of  reputa- 
tion ?  Who  was  there  remaining 
on  the  public  theatre  ;  who  had 


102 


ANNUAL  REGISTER,  1830—31. 


filled  so  long  and  unbroken  a 
space  of  public  service — a  career 
of  active,  and  sedulous,  and  bril- 
liant exertion,  extending  beyond 
the  period  of  thirty  years  ?  His 
talents — where  were  any  to  be 
found  superior,  ripened  in  this 
long  period  of  service,  to  the 
fullness,  yet  not  beyond  it,  of  the 
most  fruitful  maturity  ?  His  po- 
litical attainments,  they  were  not 
inferior  to  his  talents.  This  was 
the  nomination  which  had  brought 
vehement  vituperation  on  the  Ex- 
ecutive, as  an  extravagant  abuse 
of  its  discretion  of  appointments  ! 

But  consider  the  matter  in 
another  view.  A  tried  public 
servant,  who,  in  a  most  active  ca- 
reer of  thirty  years,  has  never 
sought  official  appointment  (as  he 
did  not  this,  which  he  has  now 
received)  nor  other  reward,  than 
the  favor  of  his  immediate  con- 
stituents, and  public  esteem ;  re- 
tires, with  health  in  some  degree 
impaired,  but  his  faculties  and 
capacity  of  usefulness  unbroken. 
Is  it  matter  of  just  imputation  on 
an  Executive,  whom  his  exertions 
contributed  to  bring  into  the  pub- 
lic service — representing  a  great 
political  division  in  the  nation  of 
which  he  has  been  an  eminent 
ornament — wholly  unsolicited — 
when  he  had  left  the  situation 
which  might  bring  the  motive  of 
this  proceeding  into  question — 
that  he  has  been  desirous  to  extend 
to  a  public  servant  so  circumstan- 
ced, an  acknowledgment  of  mer- 
it— a  mark  of  regard — a  recall  to 
renewed  exertion  of  his  abilities? 
Had  not  the  country  a  right  to 
expect  this  ? 

The  complaint  disclosed  by  the 
present  motion,  however,  was  not 


directly  to  the  appointment  of  Mr 
Randolph,  but  his  absence  at  the 
present  moment  from  the  scene 
of  his  duties.  The  first  sug- 
gestion in  the  party  vituperation 
which  had  prevailed  was — that 
he  had  assumed  this  privilege  of 
absenting  himself,  unpermitted. — 
This  suggestion  had  been  repel- 
led by  the  message  of  the  Presi- 
dent, which  had  been  read  by  the 
gentleman  from  North  Carolina 
(Mr  Carson).  The  exercise  of 
a  discretion  in  this  respect,  had 
been  accorded  to  the  minister. 
On  what  grounds?  His  health, 
though  better  at  the  time  of  his 
acceptance  of  this  mission,  than 
for  a  considerable  period,  had 
been  impaired.  With  a  feeble 
constitution,  and  such  a  state  of 
health,  he  distrusted  the  extreme 
rigor  of  the  climate  of  Russia. — 
Permission  had  in  this  view,  been 
accorded  to  him,  in  the  event  of 
his  health  failing,  to  remove  to  a 
more  favorable  climate.  In  the 
actual  occurrence  of  the  contin- 
gency, he  had  availed  himself  of 
the  permission,  with  the  purpose 
of  returning  to  his  situation,  with 
the  removal  of  the  cause  of  his 
departure. 

It  had  been  conceived,  in  not 
an  entire  consistency  with  the 
present  charge  of  Mr  Randolph's 
undue  absence  from  this  sphere 
of  his  duties,  that  he  had  in  truth 
no  duties  to  discharge,  and  that 
it  was  for  this  reason  that  the  ap- 
pointment had  been  conferred  on 
him.  Mr  A.  could  assure  the 
House,  if  they  would  accept  his 
voucher  for  the  fact,  that  this  con- 
ception was  founded  in  mistake. 
Our  present  mission  to  St  Peters- 
burg was  charged  with  duties  of 


RUSSIAN  MISSION. 


103 


no  unimportant  character.  It 
was  due,  however,  to  candor  to 
say,  that  however  it  was  desira- 
ble to  proceed  in  every  business 
with  despatch,  the  affairs  were  not 
of  a  nature  to  suffer  detriment 
from  a  transient  delay  of  prosecu- 
tion, such  as  might  be  expected 
to  be  constituted  by  the  present 
absence  of  the  minister. 

Mr  Mallary  stated  that  there 
were  some  great  considerations 
connected  with  this  question  which 
demanded  notice.     He  was  not 
disposed  to  speak  ot  the  gentle- 
man who  holds  the  appointment 
of  Minister  to  Russia,  as  a  gen- 
tleman from  Virginia.  He  thought 
there  were  higher  considerations 
to  be  viewed.     We  well  know 
the  influence  which  the  Autocrat 
exercises.     He  puts  his  foot  on 
the  neck  of  nine-tenths  of  the 
physical  power  of  Europe :  his 
thumb  is  on   Kamtschatka;   his 
little   finger  touches  the  Pacific 
Islands ;  it  is  well   known   also, 
that  he  feels  or  pretends  to  feel 
1  great  friendship   for  the  United 
States.     It  is  our  duty  to  cultivate 
this  feeling.     We  know  our  situ- 
ation is   delicate  as  regards  the 
European   Powers.     What  is  to 
be  done  ?     How  are  we  to  im- 
prove our   condition  ?      Not  by 
confiding  our  affairs  to  persons 
who  have  no  higher  qualifications, 
than  that  they  are  gentlemen  from 
Virginia.     We  want  somebody 
at  the  Court  of  Russia  to  hold 
intercourse  with  the  Autocrat — 
to  meet  him  face  to  face,  not  on 
bended  knee — to  be  there  on  the 
spot,  and  honestly  to  communi- 
cate our  honest  wishes.     We  do 
not  wish  a  minister  who  is  to  be 
continually  an  absentee.     He  in- 


tended no  disrespectful  reflection 
on  the  gentleman,  but  we  want  a 
man  who  can  talk  to  the  Auto- 
crat, in  reference  to  the  mutual 
interests  of  the  two  countries.  It 
was  not  merely  because  a  person 
had  figured  well  on  the  floor  of 
Congress,  that  he  is  to  be  selected 
as  a  minister.  We  want  a  man 
who  can  do  the  business  of  the 
country — who  can  present  him- 
self before  the  Emperor,  and  tell 
him  what  we  deem  to  be  the 
suitable  relations  between  us. — 
He  understood  that  the  gentleman 
was  in  delicate  health,  and  could 
not  stand  the  rough  winter  of  a 
Muscovite  climate.  We  want 
some  one  who  can  ;  and  not  a 
minister  who  is  obliged  to  retreat 
from  the  inclemency  of  a  Russian 
atmosphere,  to  more  congenial 
climates,  and  to  leave  the  inter- 
ests which  have  been  entrusted  to 
him  in  the  hands  of  a  Secretary. 
Mr  M.  then  referred  to  the  clam- 
our which  was  raised  when  Mr 
Rufus  King  was  sent  to  England 
by  the  late  administration,  because 
his  state  of  health  was  such  as  to 
render  it  impossible  for  him  to 
remain  ;  yet,  we  are  now  called 
on  to  vote  a  salary  for  a  minister 
who  has  merely  made  his  bow 
at  Court,  and  stayed  ten  days, 
and  then  left  the  business  of  his 
mission  to  a  Secretary  ;  and  we 
are  told  that  the  purposes  of  his 
mission  were  successfully  fulfilled 
while  he  remained  there  !  If  all 
which  is  required  to  be  done,  can 
be  as  well  done  by  the  Secretary, 
as  by  the  minister,  let  the  minis- 
ter remain  in  the  United  States, 
in  the  City  of  Washington,  and  let 
him  do  all  by  correspondence  with 
the  Secretary  at  St  Petersburgb. 


104 


AJNNUAL  REGLSTEFv,  1830— :31. 


Let  ihe  plenipotentiary  stay  here, 
and  communicate  with  his  Secre- 
tary there.  No  doubt,  if  the  Em- 
peror can  have  his  objects  accom- 
plished, he  will  be  satisfied  with 
the  Minister  we  have  sent  him  ; 
but  we  want  one  who  will  remain 
on  the  spot.  If  (he  repeated)  a 
Secretary  be  sufficient  to  tran- 
sact the  business,  let  the  Plenipo- 
tentiary remain  at  home,  and  the 
Secretary  reside  at  the  Court 
of  Russia. 

Mr  Burgess  remarked,  that  the 
item  under  discussion  bore  no 
mark  distinguishing  it  from  others 
of  the  same  kind,  or  affording  any 
warrant  for  rejecting  that,  while 
others  were  allowed. 

We  must  look,  said  he,  to  other 
documents  for  information  con- 
cerning this  mission,  and  our  ob- 
ligation to  furnish  the  money  for 
supporting  this  Minister  at  the 
Court  of  St  Petersburgh.  The 
paper  which  I  now  take  from  the 
desk  before  me  contains  that  in- 
formation. It  purports  to  be  the 
rnnual  Message  from  the  Presi- 
dent of  the  United  States  to  Con- 
gress at  die  present  session.  It 
certainly  bears  his  signature,  and 
was  sent  to  tliis  House  by  that 
high  dignitary.  Notwithstanding 
these  facts,  the  document  must 
be  received  and  considered  en- 
tirely as  the  production  of  Cabi- 
net Ministers.  No  member  of  this 
House — who  reads  and  examines 
this  communication,  made  to  us  so 
much  at  length,  could,  I  think, 
say,  without  hazard  of  his  reputa- 
tion, tliat  he  believes  one  sentence 
of  it  was  composed  by  the  distin- 
guished gentleman  whose  name  is 
placed  at  the  end  of  it.  This,  sir, 
is  not  said  for  any  purpose  of  der- 


ogation from  the  eminent  official 
character  of  our  First  Magistrate, 
but  for  a  very  different,  a  much 
more  important  purpose.  Are 
gentlemen  aware  of  the  extent  of 
our  importation  of  European  pol- 
itics ?  Have  we  not  brought  home, 
and  put  into  use,  the  high  tory 
maxim  of  their  monarchies,  that 
the  king  can  do  no  WTong  ?  Was 
there  ever  a  time  in  our  country 
when  the  friends  of  any  Admin- 
istration, other  than  the  present, 
believed  and  practised  this  article 
of  political  faith  with  more  un- 
scrupulous devotion  ?  The  Cab- 
inet Ministers  of  our  Executive 
have  taken  artful  council  from  this 
fact.  As  European  ministers, 
being  answerable  with  their  heads 
for  what  the  king,  their  master, 
may,  from  the  throne,  communi- 
cate to  his  Lords  and  Commons, 
they  will  not  suffer  any  speech  but 
of  their  own  contriving  to  be  thus 
communicated :  so,  the  adroit 
Ministers  of  our  Cabinet,  taking 
shelter  under  the  Executive  sub- 
serviency of  the  times,  have  not 
only  put  upon  the  nation  this 
message,  but  the  President,  a  man 
who,  if  he  moved  at  all,  always 
marched  straight  forward  to  his 
object,  they  have  betrayed  into 
the  crooked  counsels  which  may, 
by  diligent  examination,  be  found 
in  this  message,  sent  to  Congress 
by  them  ;  while  they  lie  sheltered 
under  the  imposing  name  of  the 
first  dignitary  of  the  nation.  If 
the  king  can  do  no  wrong,  thank 
God,  Ministers  may.  even  in  these 
times,  be  made  accountable  for 
the  counsels  which  they  have 
given  him.  'The  right  divine 
in  man  '  to  rule,  '  the  enormous 
faith  of  many  made  for  one,'  com- 


RUSSIAN  MISSION. 


105 


prehends  in  its  creed  no  perma- 
nent provision  for  any  crafty  syc- 
ophant to  skulk  and  screen  him- 
self behind  the  throne,  and  play 
the  little  tyrant  with  security. 

That  part  of  this  message,  from 
which  we  learn  the  character  of 
this  mission  to  Russia,  is  all  of  it 
which  now  it  concerns  us  to  ex- 
amine. Our  foreign  relations  are 
a  branch  of  the  Department  of 
State  ;  and  this  mission  was  con- 
trived, and  the  account  of  it  con- 
tained in  the  message,  has  been 
given  to  us  by  the  Secretary  of 
that  Department.  We  are  told 
by  it,  that  our  long  established 
Legation  to  Russia  has  been  to- 
tally changed  ;  and  that,  in  place 
of  a  permanently  resident  Minister 
at  that  Court,  without  regard  to  the 
public  service,  a  mission  has  been 
invented  to  suit  the  talents,  the 
health,  habits,  and  disposition  of 
the  distinguished  individual  for 
whom  it  was  designed !  By  the 
very  terms  of  this  mission,  this 
individual  is  required  to  repair  to 
Russia,  but  is  authorised  to  leave 
that  Court,  and  that  Empire  when- 
ever his  health  (and  of  that  he 
alone  is  the  judge)  may  require 
it.  Who  but  the  Machiavelian 
politician  at  the  head  of  the  State 
Department  would  have  advised 
the  President  to  institute  such  a 
mission,  or  dared  to  place  on  a 
document,  prepared  to  be  sent  to 
this  House,  such  a  statement  of  its 
commencement,  progress  and  pre- 
sent condition  ?  In  what  part  of  the 
Constitution,  or  the  laws  of  the 
United  States,  or  of  the  usages  of 
this  Government,does  he  find  any 
thing  in  support  of  the  measure  ? 
It  will  not  be  hazarding  very 
'  much  to  say,  that  this  House  was 
10 


never,  before  this  time,  called 
upon  to  pay  such  a  salary  for  such 
services. 

This  distinguished  Minister  to 
Russia  is  John  Randolph.  How 
does  he  understand  the  terms  on 
which  he  agreed  to  embark  on 
this  mission  ?  The  course  of  con- 
duct pursued  by  him  since  his 
departure,  may  give  us  some 
knowledge  on  this  point.  We 
are  left  in  nearly  utter  darkness 
by  the  department  of  State,  con- 
cerning all  the  movements  of  this 
minister ;  for  the  message  merely 
tells  us  that  he  has  already  taken 
benefit  under  the  sinecure  clause 
in  his  charter  of  legation.  He 
has  left  the  Court  of  our  illustri- 
ous friend,  the  Autocrat  of  all  the 
Russians ;  but  when,  or  for  what 
other  region  ?  Here  the  Secre- 
tary is  cautiously  silent.  The 
Chairman  of  the  Committee  on 
Foreign  Relations  has  been  equal- 
ly so.  Can  any  gentleman  of  this 
Committee  either  indoctrinate  us 
into  this  great  mystery  of  State, 
or  give  us  the  light  of  a  single 
fact  concerning  the  voyages  and 
travels  of  this  minister  of  ours  ; 
and  let  us  know  whether  he  is 
now  moving  or  stationary  ?  Where 
is  John  Randolph  ?  Where  is  our 
Ambassador,  for  whose  public 
services  Mr  Van  Buren  is  calling 
upon  us  to  provide  a  salary  ?  We 
are  told  that  he  is  not  where  he 
was  sent ;  and  that  he  had  per- 
mission to  go  thence  when  and 
whither  he  might  choose ;  but 
whether  he  is,  in  pursuit  of  health, 
now  basking  in  the  sunshine  of 
Naples,  or,  for  a  like  purpose, 
traversing  '  the  fog-wrapt  island  of 
Britain,'  we  are  left  to  learn  from 
the    same    authentic    documents 


106 


ANNUAL  REGISTER,  1830—31. 


from  which  the  Chairman  of  the 
Committee  on  Foreign  Relations 
seems  to  have  taken  advice — ru- 
mor, and  the  public  papers.  Nor 
do  we  know  that  he  ever  intends 
to  return  to  his  post.  We  are, 
therefore,  directed  and  required, 
by  the  Secretary  of  State,  to  ap- 
propriate this  item  of  $9,000,  for 
the  salary  of  a  public  minister, 
w^ho  has  been  in  the  public  ser- 
vice, at  the  place  of  his  destined 
residence,  not  much  more  than  a 
like  number  of  days.  He  arrived 
at  St  Petersburgh,  was  presented 
to  the  Emperor,  made  his  bow, 
or  genuflection,  retired,  and  went 
to — England  ?  France  ?  Italy  ?  or 
where  ?  No  mortal  man,  on  this 
side  the  Atlantic,  can  inform  us. 

During  this  nine  days'  residence 
what  service  did  he  render  to  the 
American  People  ?  The  Secre- 
tary is  satisfied ;  and  we  surely 
ought  not  to  be  anxious  about 
this  great  affair.  We  are  told  it 
is  a  matter  exclusively  within  the 
competency  of  the  Executive  ; 
and,  therefore,  it  is,  1  presume, 
considered,  that  the  Representa- 
tives of  the  People  have  no  other 
vocation,  but  to  vote  the  promised 
and  required  compensation. 

What  could  such  a  man  do  for 
his  country  in  the  character  of  a 
foreign  minister?  Just  what  he 
has  done  :  which  was  very  much 
like  what  each  man  in  the  na- 
tion of  all  parties,  who  knew  him, 
must  have  expected  he  would  do. 
Genius  he  certainly  has ;  for  he 
is  original  and  unlike  all  other 
men.  If  you  please,  he  is  elo- 
quent ;  but  if  so,  that  eloquence 
is,  like  himself,  sui  generis.  These 
have  enabled  him  to  perform 
what  he  has  done  ;  could  they 


qualify  him  for  the  services  of  a 
great  diplomatic  minister  ?  Do 
not  these  require  sound  judgment, 
deep,  extensive,  and  regular  think- 
ing ;  laborious  perseverance  in 
business ;  and,  above  all,  pru- 
dence, and  vigilant  circumspec- 
tion ?  In  his  thirty  years'  public 
service,  where  are  the  monuments 
of  his  political  wisdom,  and  labors 
of  patriotism  ?  They  are  all  of  a 
piece — of  one  uniform  character ; 
and  this  Russian  residence  will 
neither  give  the  blush,  nor  the 
palm  to  any  other  public  trans- 
action of  this  remarkable  man 
throughout  his  political  life. 

With  a  perfect  knowledge  of 
this  man,  the  Secretary  of  State 
could  not  have  contrived  this  lega- 
tion, so  different  from  all  others, 
with  any  view  to  the  public  ser- 
vice. This  man  was  sent  out  not 
to  benefit  the  people  abroad,  but 
to  relieve  the  Administration  at 
home.  The  crafty  Secretary  had 
witnessed  the  political  movements 
of  this  eccentric  man.  He  feared 
the  comet  might  return  again  and 
visit  his  political  hemisphere.  He 
had  seen  it  blaze  in  perihelion — 

'  With  fear  of  f^hange  perplexing  men 
in  power.' 

Was  it  not  prudent  to  remove  this 
star  of  malign  influence  to  another 
sky  ?  It  has  been  done  ;  and  the 
nation  must  pay,  not  for  a  mission 
made  for  the  advancement  of 
their  interests,  but  made  to  secure 
the  political  power  of  the  Secre- 
tary. 

We  have  been  told  that  our  re- 
lations with  Russia  are  of  great  and 
important  interest ;  and,  therefore, 
we  cannot  dispense  with  this  ap- 
propriation, because,  if  we  refuse 
this  salary,  we  shall  defeat  the 


RUSSIAN  MISSION. 


107 


mission.  Should  this  mission,  by 
which  no  public  benefit  was  in- 
tended, and  from  which  none  can 
be  hoped,  be  recalled,  it  may  be 
replaced  by  one  of  better  purpose, 
and  efficient  character.  It  is  an 
obstruction  in  the  ^  straight  for- 
ward' path  of  our  relations  with 
Russia,  and  we  are  laboring  to 
abate,  or  to  remove  it  out  of  the 
way. 

Our  relations  with  that  Govern- 
ment are  truly  important.  That 
Empire  is  perhaps  the  most  nu- 
merous in  population,  and  cer- 
tainly the  most  extensive  in  terri- 
tory, of  any  power  on  the  globe. 
No  nation  of  the  old  world,  other- 
wise than  by  colonies,  approaches 
so  near  to  us.  This  people  is 
advancing  in  civilization,  wealth, 
and  power,  beyond  any  example 
in  its  former  history.  In  the  last 
controversy  of  arms,  between 
Russia  and  the  Ottoman  Empire, 
had  not  other  Powers  of  Europe 
interposed  a  shielding  hand,  the 
Moslem,  after  a  dominion  of  more 
than  four  centuries  in  the  fairest 
part  of  Europe,  had  been  driven 
beyond  the  Bosphorus ;  and  the 
Autocrat  of  Russia  would  hav^e 
ascended  the  throne  of  Constan- 
tine.  At  all  times,  our  relations 
with  such  a  Power  must  be  im- 
portant to  the  American  People. 
Are  those  relations  taken  care  of 
now,  as  heretofore  they  have  been, 
and  as  now  especially  they  ought 
to  be? 

Yes,  sir,  I  say  as  now  they 
should  be.  For  now  Europe  is 
convulsed,  and  agitated  (from  the 
Mediterranean  to  the  Baltic.  The 
flame  of  war  is  but  just  repressed. 
Troops  are  called  into  the  field, 
in  almost  every  nation  ;  and  Rus- 


sia, in  a  kind  of  winter  campaign, 
has  sent  out  two  hundred  thou- 
sand soldiers  to  her  south  western 
frontier,  to  look  out  on  the  old  bat- 
tle fields  of  Belgium  and  France. 
In  this  condition  of  Europe,  do 
we  not  require  an  able,  a  diligent, 
a  resident  minister  at  Russia? 
Withhold  this  appropriation,  abol- 
ish this  sinecure  legation,  and  this 
may  be  effected. 

One  other  fact,  in  the  history 
of  our  diplomacy,  renders  the 
residence  of  a  skilful,  faithful  min- 
ister at  that  Court,  at  this  time, 
above  all  others,  indispensable. 
We  learn  from  the  Department 
of  State,  through  the  same  medi- 
um, this  message,  that  a  treaty  of 
amity  and  commerce  has  been 
negotiated  between  the  United 
States  and  the  Sublime  Port. 
The  Secretary,  with  great  candor, 
told  us  what  the  Turk  had  agreed 
to  do  for  the  Christian,  but,  he 
with  great  caution,  concealed  what 
the  Christian  had  agreed  to  do 
for  the  Turk.  What  have  we 
learned  from  this  witness }  Why, 
truly,  that  a  secret  article  is  con- 
tained in  this  treaty  ;  and  this  fact 
was,  I  believed,  published  in  the 
newspapers,  before  we  received 
the  message.  It  is  said,  it  is  be- 
lieved, that  by  this  article  the 
American  People  agree  to  furnish 
armed  ships  to  the  Sultan  of  Tur- 
key, in  his  future  wars  with  Chris- 
tian nations.  Do  you  believe,  sir, 
that  our  Envoy  had  left  Constan- 
tinople before  the  Russian  minis- 
ter at  the  Port  knew  this  fact? 
The  very  Drogoman,  by  whom 
your  Mr  Rhind  talked  with  Reis 
EfFendi,  would,  for  half  a  plate 
full  of  piasters,  have  told  the  whole 
story  to  Count  OrlofF;  and  sworn 


108 


ANNUAL  REGISTER,  1831—32. 


be  was  doing  good  service  to  the 
Prophet,  by  betraying  one  Chris- 
tian dog  to  another.  Sir,  our  friend- 
ship for  the  Russian  Empire  has 
been  so  cherished  by  thq  present 
Sovereign,  and  his  illustrious  pre- 
decessor, that  it  has  become  a 
sentiment  of  the  American  Peo- 
ple ?  Is  not  this  secret  article  a 
diplomatic  fraud,  not  only  on  that 
friendship,  but,  which  it  quite  as 
much  concerns  us  to  consider, 
upon  that  sovereign  wlio  has  so^ 
generously  cherished  it  ?  I  say 
nothing  now  of  what  may  happen, 
if  the  Turk  should  again  war  upon 
the  Greek  :  nor  how  it  may  com- 
port with  the  republican  princi- 
ples of  the  Secretary  of  State, 
when  he  shall  call  on  this  House 
to  furnish  ships  to  that  Despot, 
thereby  aiding  him  in  bringing 
that  People  again  under  his  iron 
yoke.  What  shall  we  say  to  the 
Emperor  of  Russia  ?  Who  shall 
make  our  explanation,  if  we  shall 
have  any  to  make  ?  It  is  proba- 
ble that  the  news  of  this  treaty, 
and  perhaps  a  copy  of  it,  reached 
the  Court  of  St  Petersburgh,  short- 
ly after  our  minister  left  that  city. 
The  shortness  of  his  residence 
there,  the  suddenness  of  his  de- 
parture, the  intelligence  of  this 
secret  article,  the  intended  so- 
journ of  that  minister,  perhaps  in 
England,  perhaps  in  France,  the 
attitudes  of  the  nations  of  Europe, 
all  giving  dreadful  note  of  pre- 
paration for  war,  must  have  had 
some  tendency  to  place  our  rela- 
tions with  Russia  on  a  footing  not 
the  most  firm  and  friendly.  Does 
not  sound  policy — does  not  na- 
tional good  sense,  call  on  the 
American  People  to  have  an  able 
minister  at  that  Court,  and  that 


too  right  speedily  ?  Have  we 
one  there  now  ?  Under  the  mis- 
sion for  which  this  appropriation 
is  to  be  made,  are  we  likely  soon, 
or  ever,  t  do  not  say  to  have  such 
a  man  there,  but  to  have  there 
any  minister  at  all  ?  I  shall  there- 
fore oppose  this  appropriation,  be- 
cause it  is  intended  to  support  a 
mission,  formed  for  purposes  un- 
connected with  the  public  inter- 
ests, places  our  foreign  relation 
in  peril,  and  is  without  any  justi- 
fication in  law,  usage,  or  consti- 
tutional principle. 

Mr  Wayne  observed,  that  when 
the  gentleman  from  Ohio  made 
the  motion  to  strike  from  the  bill 
under  consideration  the  appropri- 
ation for  the  salary  of  the  Minister 
to  Russia,  he  had  accompanied 
it  with  two  declarations,  neither  of 
which  was  a  fact,  though  both  had 
the  appearance  of  being  so.  His 
declarations  were,  that  the  Presi- 
dent had  told  us  the  United  States 
was  not  represented  at  the  Court 
of  Russia,  and  that  it  was  not 
probable  we  soon  would  be,  the 
last  being  an  assertion  of  his  own. 
These  were  the  reasons  he  had 
given  to  sustain  his  motion,  and 
both  he  professes  to  have  derived 
from  the  message.  Sir,  the  Presi- 
dent, after  stating  our  amicable 
relations  with  Russia,  and  that  no 
means  will  be  left  unemployed  to 
promote  them,  and  to  improve  the 
commercial  intercourse  between 
the  two  nations,  sincerely  regrets 
to  inform  us,  that  extreme  indis- 
position had  compelled  the  minis- 
ter to  leave,  temporarily,  his  post, 
for  a  more  genial  climate,  and 
that  this  was  a  privilege  which 
had  been  committed  to  the  min- 
ister's discretion,  in  consideration 


RUSSIAN  MISSION. 


109 


of  the  extent  to  which  his  consti- 
tution had  been  impaired  in  the 
public  service.  But  the  Presi- 
dent also  states,  he  had  received 
the  most  satisfactory  assurances 
that  the  public  interests  would  not 
suffer  in  the  minister's  absence, 
as  it  was  his  intention  to  keep  up 
an  intercourse  with  the  Russian 
Cabinet,  through  the  Secretary  of 
Legation.  So  far,  then,  sir,  from 
not  being  represented,  we  are  in- 
formed that,  notwithstanding  dis- 
ease had  forced  the  minister  to 
leave  St  Petersburgh  for  a  time, 
he  was,  though  under  its  pressure, 
not  unmindful  of  his  duty,  of  the 
particular  interests  which  had  been 
confided  to  him,  and  of  the  wel- 
fare of  his  country.  Hr)vv  differ- 
ent is  this  statement  from  the 
naked  declaration  of  the  gentle- 
man, which,  without  any  expla- 
nation from  him,  implies  an  en- 
tire suspension  of  all  negotiation 
during  the  minister's  absence  5 
conveys  an  intimation  that  the 
public  interest  was  suffering,  and 
the  imputation,  that  the  appropri- 
ation was  asked  to  pay  for  con- 
structive, and  not  for  actual  ser- 
vices. Equally  unfortunate  is  the 
gentleman's  declaration,  that  it 
was  not  probable  we  would  soon 
be  represented  at  the  Russian 
Court;  as  it  is  the  opposite  con- 
clusion to  which  a  candid  mind 
would  come  from  the  langdage  of 
the  message.  In  such  a  case, 
nothing  could  be  certainly  said 
or  promised,  but  enough  was  said 
to  show  that  the  President  had  a 
definite  hope,  that  the  minister 
would  return  in  the  spring  to  his 
post,  with  a  full  ability  to  give  to 
his  country  the  use  of  those  tal- 
ents and  attainments  by  which  he 
10^ 


had  become  so  much  distinguish- 
ed at  home. 

The  motion  is  not  therefore 
sustained  by  the  facts  of  the  case  : 
we  are  forced  to  look  beyond 
them  for  the  cause  which  induced 
it ;  and  it  seems  to  have  been  In- 
tended to  give  an  opportunity  for 
an  out-pouring  of  party  resent- 
ment, which  has  been  the  more 
violent  and  personal  from  having 
no  substantial  cause  of  complaint, 
upon  which  it  would  fasten  its 
rancour.  The  gentleman  from 
Rhode  Island  [Mr  Burgess]  has 
indulged  in  a  wide  range  of  ob- 
servation, in  no  way  connected 
with  the  subject,  and  by  no 
means  sanctioned  by  the  remarks 
of  the  Chairman  of  the  Com- 
mittee on  Foreign  Relations,  to 
which  he  more  than  once  re- 
ferred as  an  example  to  protect 
him  in  his  irregular  course.  The 
House  had  understood  the  Chair- 
man to  deprecate  any  reliance 
being  placed  upon  new^spaper  con- 
jectures and  calumnies ;  but  the 
gendeman  had  made  them  the 
basis  of  his  argument  and  his 
authority  for  facts — and  until  he 
had  done  so,  the  real  subject  of 
debate  had  not  been  lost  sight  of. 
What  connection,  sir,  with  his 
subject,  has  the  treaty  with  Tur- 
key, or  any  one  of  its  articles, 
about  which  we  cannot  know  any- 
thing, until  it  shall  be  ratified,  or 
its  provisions  shall  be  divulged  by 
a  vote  of  the  Senate,  unless  infor- 
mation concerning  it  has  been  got 
by  a  shameless  violation  of  fidelity 
to  the  constitution.  Did  the  his- 
torical reading  of  the  gentleman 
not  remind  him  how  often  it  has 
happened  in  negotiation,  that  an 
inadmissible  article  is  permitted 


110 


ANNUAL  REGISTER,  1831—32. 


to  be  a  part  of  treaty  by  a  minis- 
ter, not  having  full  power  to  ratify 
it,  in  the  expectation  that  its  tem- 
porary admission  will  be  produc- 
tive of  ultimate  good  ?  But,  sir, 
we  know  nothing  of  that  treaty ; 
and  I  abstain  from  farther  notice 
of  that  part  of  the  gentleman's 
speech,  believing  whilst  the  trea- 
ty is  under  consideration  in  the 
Senate,  conjectures  of  its  con- 
tents, or  any  remarks  concerning 
it,  to  be  altogether  unbecomnig 
here.  The  gentleman,  however, 
IS  as  little  justified  for  having 
made  the  qualifications  and  fit- 
ness of  the  minister  to  Russia,  a 
subject  of  inquiry  and  remark 
upon  a  motion  to  strike  out  the 
appropriation  for  his  salary. — 
When  the  right  of  appointment 
exists,  and  it  is  made  and  con- 
firmed by  the  Senate,  the  fitness 
of  the  individual  is  conclusive 
•upon  this  House,  and  a  constitu- 
tional obligation  is  im{X)sed  upon 
it  to  co-operate  in  voting  the  sup- 
ply to  support  the  minister  j  and 
our  only  constitutional  check  up- 
on the  disbursement  of  it,  is  a 
right  of  inquiry  into  its  applica- 
tion. A  call  upon  us  to  refuse 
the  supply  in  anticipation  of  its 
auisapplication,  is  an  indecency  of 
TtsSLimption  which  was  unknown 
to  the  journals  of  our  legislation 
until  this  motion  v*'ns  made.  But 
why  refuse  the  appropriation  ? 
The  right  of  the  President  to  ex- 
tend to  a  minister  the  indulgence 
of  temporary  removal  from  his 
post  in  anticipation  of  a  hostile 
influence  of  climate  upon  his 
health  cannot  be  denied  ;  for  it 
does  not  differ  in  effect  from  such 
an  allowance  after  the  ravages  of 
climate  have  been  felt,  and  the 


latter,  though  often  done,  has  not 
been  heretofore  a  subject  of  com- 
plaint or  of  reproach  against  any 
minister  or  any  administration  un- 
der which  it  has  happened.  The 
same  principle  produced  the  law 
which  gives  to  a  member  of  Con- 
gress liis  pay,  if,  after  having  be- 
gun his  journey  to  Washington, 
he  shall  be  overtaken  with  sick- 
ness, and  be  prevented  by  it  from 
reaching  the  Capitol  during  the 
session.  The  exercise  of  the 
President's  discretion,  tlierefore, 
in  this  instance,  is  strictly  in  anal- 
ogy with  our  legislation  for  our- 
selves ;  and  for  my  own  part,  I 
cannot  but  think,  it  was  highly 
commendable  in  Mr  Randolph, 
when  he  accepted  the  mission,  to 
have  warned  the  administration 
that  his  heahh,  though  then  good, 
might  be  affected  by  the  climate 
of  Russia — patriotic  in  him  to 
have  incurred  a  risk,  which  very 
few  men  of  feeble  constitution 
would  have  encountered,  and 
doubly  so  on  one,  with  his  fortune, 
at  his  time  of  life,  to  have  deter- 
mined to  encounter  the  climate 
of  St  Petersburgh  again,  after  hav- 
ing suffered  to  the  extent  he  has 
done,  and  in  the  way  he  had  ap- 
prehended. What  was  thought 
possible,  or  even  probable,  if  gen- 
tlemen will  rather  please  to  have 
it  so,  ])us  occurred  to  an  extreme 
degree  ;  and  because  disease,  in 
a  foreign  climate,  has  driven  one 
of  our  most  distinguished  men 
from  the  theatre  of  his  services 
for  a  few  months,  there  are  those 
to  be  found  here,  who,  instead  of 
having  a  generous  sympathy  for 
the  sufferer,  seize  upon  his  afflic- 
tion to  vent  the  bitterness  of  party 
resentment*.     There  are  periods 


RUSSIAN  MISSION. 


Ill 


which  will  permit  no  limit  to  our 
devotion  to  the  public  service  ; 
but  when  no  such  crisis  impends, 
the  man  who,  without  being  al- 
lured by  the  distinctions  or  the 
emoluments  of  office,  exposes 
himself  at  the  call  of  his  country 
to  what  he  knows  may  be  un- 
commonly hazardous  to  his  health, 
deserves  uncommon  praise.  The 
gentleman  argued  the  question 
also  with  a  view  to  make  the  im- 
pression upon  the  public,  that  in 
any  event,  whether  the  minister 
should  return  or  not  to  his  post, 
it  was  intended  by  the  administra- 
tion to  apply  to  his  uses  the  entire 
salary  for  a  year.  This  point, 
however,  is  regulated  by  law,  and 
it  will  be  a  difficult  matter  for  the 
gentleman  and  his  coadjutors  to 
make  even  a  faint  impression,  that 
those  who  have  been  so  recently 
engaged  in  correcting  abuses  in 
our  diplomatic  expenditures,  will 
subject  themselves  to  any  impu- 
tation from  those  who  have  been 
shamed  by  their  vigilance.  Nor 
can  I  agree  with  the  gentleman 
that  at  this  crisis  in  the  affairs  of 
Europe,  our  interests  have  or  can 
suffer  by  the  absence  of  Mr  Ran- 
dolph. The  Emperor  and  his 
Cabinet  have  been  engaged  in 
more  intense  occupations,  to  the 
probable  exclusion  of  such  remote 
connections  as  he  has  with  us ; 
and  nothing  can  occur  affecting 
the  nations  of  Europe,  and  hav- 
ing any  bearing  upon  our  interest, 
which  will  not  be  as  soon  com- 
municated to  us  through  other 
channels,  as  it  would  be  by  the 
minister  from  St  Petersburgh. — 
But,  sir,  I  will  say  no  more.  This 
motion  is  well  understood — it  is 
intended  to    accomplish  nothing 


here,  but  has  been  niade  for  out- 
door effect ;  and  the  people  will 
be  as  apt  to  detect  the  sinister  de- 
sign, as  gentlemen  have  been  to 
hope,  and  anticipate,  and  to  in- 
sinuate, that  something  would 
grow  out  of  this  trifling  appropri- 
ation, which  would  furnish  them 
with  a  subject  of  reproach  against 
the  administration. 

The  debate  was  revived  on  the 
3d,  the  8th,  and  the  9th,  of  Jan- 
uary— the  bill  again  coming  un- 
der the  consideration  of  the  house 
on  those  days,  when  the  motion 
was  made  to  amend  the  bill  by 
authorising  a  deduction  from  the 
salary  of  any  minister  absenting 
himself  from  his  post  for  objects 
not  connected  with  the  public 
service,  by  virtue  of  any  arrange- 
ment similar  to  the  one  made  by 
Mr  Randolph.  This  amendment 
was  cut  off  by  the  previous  ques- 
tion, which  was  ordered,  112  ayes, 
70  nays.  The  bill  then  passed 
to  a  third  reading,  115  ayes,  3 
nays,  and  was  sent  to  the  Senate 
for  its  concurrence. 

In  that  body  a  new  subject  of 
difficulty  was  started  in  the  ap- 
propriations proposed  for  the  ex- 
penses of  negotiating  the  treaty 
with  Turkey.  After  several  un- 
important amendments  were  made 
and  assented  to,  Mr  Tazewell 
moved  (February  18th,)  that  the 
following  appropriations,  which 
were  reported  from  the  committee 
of  finance,  as  amendments  to  the 
bill  as  it  passed  the  House,  be 
stricken  out  of  the  bill. 

Those  appropriations  were  as 
follows. 

'  For   compensation    to    the 
Commissioners  employed  in  ne- 


112 


ANNUAL  REGISTER,  1830—31. 


gotialing  a  treaty  with  the  Sub- 
lime Porte. 

'  To  Charles  Rhind,  an  outfit 
of  four  thousand  five  hundred 
dollars,  deducting  therefrom  what- 
ever sum  may  have  been  paid  to 
him  for  his  personal  expenses. 

'To  Charles  Rhind,  David 
Offley,  and  James  Biddle,  at  the 
rate  of  four  thousand  five  hund- 
red dollars  per  annum  for  the 
time  that  each  of  them  was  en- 
gaged in  the  said  negotiation. 

'  For  compensation  to  the  Com- 
missioners employed  on  a  former 
occasion  for  a  similar  purpose. 

'  To  William  M.  Crane  and 
David  Offley,  at  the  rate  of  four 
thousand  five  hundred  dollars  per 
annum  for  the  time  that  each  of 
them  was  engaged  in  the  said 
negotiation.' 

As  the  motion  to  strike  out 
these  appropriations  was  regard- 
ed as  a  direct  censure  upon  the 
administration  on  account  of  the 
manner,  in  which  that  treaty  was 
negotiated,  a  vehement  discussion 
ensued  in  the  Senate,  which  was 
continued  on  the  19ih,  22d,  23d, 
24th,  and  25th  of  February. 

In  advocating  the  motion  pro- 
posed by  him,  Mr  Tazewell  said 
that  the  appointment  of  the  Com- 
missioners during  the  recess  (in 
1829,)  and  abstaining  from  sub- 
mitting their  appointments  to  the 
Senate  for  its  consent  at  the  next 
session,  was  an  unauthorised  mea- 
sure, on  which  he  animadverted 
with  much  earnestness,  character- 
ising it  as  unconstitutional,  a  fla- 
grant violation  of  the  rights  of  the 
Senate — a  lawless  act  and  one 
that  ought  not  to  be  passed  over 
by  the  Senate  without  condem- 
nation. 


The  power  belonged  to  the 
President  and  Senate  jointly  and 
not  to  the  President  alone. 

Mr  Livingston  contended  that 
the  President   had    not   usurped 
any  pov/er  in  making  those  ap- 
pointments.    In  all  treaties  here- 
tofore concluded  with  the  Bar- 
bary    powers,   the    agents    were 
not  only  not   nominated   to  the 
Senate,  but   the  Senate  had   no 
information  of  the  conclusion  of 
the   treaties   until  sent  to  it  for 
ratification — even  farther ;  in  two 
or  three  of  the   cases  to  which 
be  referred,    the    commissioners 
had    received    their  full   powers 
through    American   Ministers   at 
Foreign    Courts.     He  spoke  of 
the  agency  Commodores  Deca- 
tur and  Chauncey  had  in  conclud- 
ing two   of  these   treaties,    and 
asked  if  the  names  of  those  offi- 
cers had  ever  been  sent  to   the 
Senate    for    confirmation.      He 
farther  referred  to  cases  in  which 
treaties  had  been  made  with  For- 
eign Powers  by  American  Secre- 
taries   of    State,    and    inquired 
whether,  in  these  cases,  the  offi- 
cers concluding  the  treaties  had 
been  nominated  to  the  Senate  as 
Ministers  Plenipotentiary  for  con- 
firmation.    He  should  therefore 
vote  for  the    appropriation,   and 
denied  that,  in  so  doing,  he  should 
violate  the  Constitution  which  he 
had  many  times  sworn  to  support ; 
and  with  the  provisions  of  which 
he  was  acquainted  when  it  was 
in  its  cradle. 

Mr  Livingston  contended  that 
the  practice  of  appointing  secret 
agents  was  coeval  with  our  exis- 
tence as  a  nation.  All  those 
great  men,  who  have  figured  in 
the  history  of  our  diplomacy  began 


RUSSIAN  MISSION. 


J 13 


iheir  career  in  the  capacity  of  se- 
cretagents.  Franklin,  Adams,  and 
Lee  were  only  commissioners,  and 
in  negotiating  a  treaty  with  the 
Emperor  of  Morocco,  the  selec- 
tion of  the  secret  agents  was  left 
to  the  minister  appointed  to  make 
the  treaty,  and  accordingly  in  the 
year  1785,  Mr  Adams  and  Mr 
Jefferson  appointed  Thomas  Bar- 
clay, who  went  to  Morocco  and 
made  a  treaty  which  was  ratified 
by  the  ministers  at  Paris. 

On  the  30th  March,  1795,  in 
the  recess  of  the  Senate  by  let- 
ters patent  under  the  great  broad 
seal  of  the  United  States,  and 
the  signature  of  their  President 
(George  Washington)  counter- 
signed by  the  Secretary  of  State, 
David  Humphreys  was  appointed 
commissioner  plenipotentiary  for 
negotiating  a  treaty  of  peace  with 
Algiers.  By  instructions  from 
the  President  he  was  afterwards 
authorised  to  employ  Joseph  Don- 
aldson as  agent  in  that  business. 

In  May  of  the  same  year  he 
did  appoint  Donaldson,  who  went 
to  Algiers,  and  in  September  of 
the  same  year  concluded  a  treaty 
with  the  Dey  and  Divan,  which 
was  confirmed  by  Humphreys  at 
at  Lisbon,  on  the  2Sth  November, 
in  the  same  year,  and  afterwards 
ratified  by  the  Senate  in  1796, 
and  an  act  passed  both  houses  on 
6th  May,  1796,  appropriating  a 
large  sum,  $25,000  annually,  for 
carrying  it  into  effect.  Mr  L. 
called  the  attention  of  the  Senate 
to  the  fact  of  this  case ;  and  ob- 
served that  the  construction  which 
it  gave  to  the  Constitution,  was 
made  in  the  earliest  years  of  the 
federal  government,  by  the  man 
who  presided  in  the  convention, 


which  made  that  Constitution, 
acting  with  the  advice  and  assis- 
tance of  the  leading  members  of 
that  body,  all  fresh  from  its  dis- 
cussion, and  who  had  taken  prom- 
inent parts  in  every  question  that 
arose.  A  precedent  going  the 
full  length  of  that  which  is  now 
called  a  lawless  usurpation,  bear- 
ing the  present  act  out  in  all  its 
parts,  and  in  some  points  going 
much  beyond  it.  Like  the  pres- 
ent case,  it  was  an  appointment 
in  the  recess,  of  a  commissioner 
with  full  power  to  make  a  treaty. 
But  it  differs  in  this ;  that  the  com- 
mission to  Col.  Humphreys  was 
an  original  appointment,  and  there- 
fore, according  to  the  new  doc- 
trine, more  objectionable,  no  min- 
ister having  before  been  appointed 
to  treat  with  Algiers.  Whereas, 
in  this  case,  a  previous  commission 
had  been  given  by  Mr  Adams, 
which  was  vacated  by  the  recall 
of  the  first  powers,  and  the  ap- 
pointment of  Rhind,  Offley  and 
Biddle.  It  went  infinitely  farther 
than  this,  in  giving  to  the  minister, 
the  authority  to  appoint  a  substi- 
tute, and  in  the  fact  that  the  sub- 
stitute negotiated  and  made  the 
treaty.  Besides,  the  commission 
to  Humphreys  was  dated  only 
three  weeks  after  the  adjourn- 
ment of  the  Senate  in  March  ;' 
Donaldson  was  employed  in  May  ; 
and  neither  Humphreys  nor  Don- 
aldson were  ever  nominated  to 
the  Senate ;  although  that  body 
met  in  the  December  following. 

Yet  when  the  treaty  came,  it 
was  ratified,  and  both  houses 
passed  a  law  for  carrying  it  into 
effect.  The  whole  transaction 
was  spread  before  a  Senate,  com- 
posed of  men,  four-fifths  of  whom 


114 


ANNUAL  REGISTER,  1830—31 


I  may  say,  had  either  aided  in 
making  the  Constitution,  or  de- 
liberated on  the  propriety  of  its 
adoption,  and  this  treaty  sent  to 
them  by  George  Washington. 
Yet,  with  all  these  badges  of  law- 
less, unconstitutional  usurpation 
on  its  back,  the  treaty  was  rat- 
ified, and  the  law  passed. 

Nor  was  this  an  isolated  case. 
In  the  very  same  year,  the  30th 
March,  1 795,  David  Humphreys 
received  another  commission,  by 
letters  patent  from  President 
Washington,  authenticated  in  the 
same  manner,  constituting  him 
Commissioner  Plenipotentiary  for 
negotiating  a  treaty  of  })eace  with 
*  the  most  illustrious,  the  Bashaw, 
Lords,  and  Governors  of  the  city 
and  kingdom  of  Tripoli,'  with 
like  po\Vfer  of  substitution.  Oh 
the  10th  February,  1796,  he  trans- 
ferred his  powers  to  Joel  Barlow. 
And  on  the  3d  January  1797, 
Mr  Barlow  made  a  treaty  with 
the  Bashaw  and  his  Divan ;  which 
was,  in  like  manner  with  the  for- 
mer, approved  by  Colonel  Hum- 
phreys, at  Lisbon,  on  the  18th 
February,  1797,  and  was  ratified 
by  the  Senate,  the  following  ses- 
sion. Here  we  find  three  sessions 
pass  after  the  commission  is  grant- 
ed, before  the  treaty  is  presented 
to  the  Senate  for  its  confirmation, 
during  all  which,  no  nominatipn 
of  either  Humphreys  or  Barlow 
was  made. 

The  next  President  (John  Ad- 
ams) who  besides  the  great  share 
he  had  in  forming  the  Constitu- 
tion, was  pre-eminently  qualified 
to  judge  on  every  question  relat- 
ing to  foreign  intercourse,  fell  in- 
to the  same  fatal  error,  or  (if  the 
case  is  as   clear  as  is  supposed) 


was  guilty  of  the  same  unpardon- 
able fault. 

He,  on  the  ISth  of  December, 
1798,  put  his  signature  and  the 
seal  of  the  nation  to  a  paper, 
vesting  Richard  O'Brien,  William 
Eaton,  and  James  Leander  Cath- 
cart,  with  full  powers  to  negoti- 
ate with  the  Bey  and  regency  of 
Tunis,  alterations  in  a  certain  trea- 
ty made  in  the  year  1797,  by 
Joseph  Famin,  who  calls  himself 
a  '  French  merchant,  residing  at 
Tunis,  and  Charge  d'Affaires  of 
the  United  States.'  These  gen- 
tlemen make  the  new  treaty  on 
the  6th  March,  1 799.  Yet  neith- 
er the  nomination  of  the  French 
merchant,  who  made  the  first 
treaty,  (which  must  have  been  in 
the  lime  of  General  Washington) 
nor  of  the  three  other  Commis- 
sioners, was  ever  submitted  to 
the  Senate.  And  it  is  remark- 
able that  this  last  appointment  was 
made  on  the  18th  of  Decem- 
ber, when  the  Senate  was  in 
session. 

During  the  administration  of 
Thomas  Jefferson,  only  one  treaty 
with  the  Barbary  Powers  (that 
with  Tripoli)  was  made ;  but  as 
the  negotiation  was  carried  on  by 
Mr  Lear,  the  public  minister  of 
the  United  States,  at  that  place, 
nothing  can  be  inferred  from  this 
transaction  that  bears  on  the  ques- 
tion ;  but  Jefl^erson's  co-operation 
in  the  two  appointments  made  by 
General  Washington,  leaves  no 
doubt  of  his  construction  of  the 
Constitution. 

Here,  then,  is  the  practice  of 
Washington,  Adams,  and  Jeffer- 
son, sanctioning  every  part  of  the 
conduct  pursued  by  the  present 
Chief  Magistrate;   and  in  some 


TURKISH  MISSION.  115 

instances,  pushing  the  construe-  — but  froni  his  participation,  as 
tion  further  than  he  has  found  it  head  of  the  Department  of  State, 
necessary  to  go.  But  this  is  not  in  those  which  had  been  sent  by 
all :  Mr  Madison  comes  next.  If  Mr  Madison,  we  may  fairly  sup- 
any  voice  can  be  called  the  oracle  pose  that,  if  the  occasion  had  of- 
of  the  Constitution,  it  is  his :  if  fered,  he  would  have  followed 
any  practice  under  it  can  be  the  same  course, 
deemed  void  of  error,  or  inten-  But,  during  his  administration, 
tional  wrong,  it  is  that  of  the  wise,  and  that  of  his  successor,  it  was 
the  venerated  Madison.  found  convenient  in  the  exercise 

He  followed  precisely  the  route  of  the  same  constitutional  right  of 

in  which  his  predecessors  trod,  making  treaties,  to  employ  other 

In  the  year  1815,  hostilities  hav-  agents  than  Ambassadors  or  pub- 

ing  been  commenced  by  Algiers,  lie  Ministers  '  to  form  treaties  with 

he  commissioned  WiUiam  Shaler,  European  and  Christian  Powers.' 
and  the  gallant  and  lamented  De-       During  the  session  of  Congress 

catur,  to  negotiate  with  them. —  in  1818 — '19,  Mr  Monroe  gave 

They  concluded  a  treaty  on  board  to  Mr  Adams  plenipotentiary  pow- 

of  the  United  States'  ship  Guer-  ers  to   treat  with  the  minister  of 

rier,  and  although  he  never  nom-  Spain,  and  make  a  settlement  of 

inated  them  to  the   Senate,  yet  the  boundary  line   between   the 

the   treaty   was   ratified   by   the  United  States  and  Mexico,  which 

Senate,  in  the  succeeding  session,  would  take  from  or  add   to  our 

without  a  question  as  to  their  right  territory  an  extent  sufficient  for 

to  co-operate  in  the  appointment,  the  establishment  of  several  States. 

He,  it  was,  too,  who  in  the  recess  He  gave  these  powers  under  the 

of  the  Senate,  sent  the  commission  great  seal ;   he  never  communi- 

which  made  the  treaty  of  peace  cated    the    appointment    to   the 

with  Great  Britain.  Senate,  although    they  were   in 

Again  :  difficulties  having  aris-  session.  Yet  the  treaty  was  rat- 
en  as  to  the  execution  of  the  treaty  ified  by  the  Senate,  and  both 
with  Algiers,  another  commission  Houses  concurred  in  passing  laws 
was  issued  on  the  24th  of  Au-  for  carrying  it  into  execution, 
gust,  1816,  to  William  Shaler  Again:  Mr  Adams,  in  like  man- 
and  Isaac  Chauncey,  who  re-  ner,  in  the  year  1820,  commis- 
newed  the  former  treaty,  with  al-  sioned  Mr  Clay  to  treat  of  and 
terations,  on  the  23d  of  Decern-  conclude  a  treaty  of  commerce, 
ber,  of  the  same  year.  And  and  navigation,  with  the  minister 
again  the  Senate  were  kept  in  of  Denmark ;  which  treaty  was 
ignorance  of  the  appointment,  un-  signed  on  the  26th  April,  in  the 
til  the  treaty  was  sent  to  them  for  same  year,  during  the  sitting  of 
ratification.  the   Senate,  and  in  like  manner 

On  Mr  Monroe's  accession  to  ratified    by  them,    although    the 

the    Presidency,   he   found    our  appointment  of  Mr  Clay  was  nev- 

peace  secured  with  the  Barbary  er  made  known  to  the   Senate, 

Powers.     He  had,  therefore,  no  and  of  course  was  not  confirmed 

Commissioners  to  appoint  to  them,  by  that  body. 


116 


ANNUAL  REGISTER,  1830— :j|. 


But  to  remove  all  ground  for 
distinction,  take  an  instance  from 
the  collection  of  treaties  before 
quoted.  In  the  year  1818,  Mr 
Gallatin,  then  our  minister  to 
France,  was  commissioned  jointly 
with  Mr  Rush,  our  minister  at  St 
James',  to  negotiate  a  treaty  with 
England,  in  the  same  manner  that 
the  Secretaries  of  State  were  com- 
missioned to  negotiate  at  Wash- 
ington. This  nomination  was  never 
submitted  to  the  Senate,  yet  a 
most  important  convention,  made 
under  that  appointment,  was  rati- 
fied by  the  Senate  ;  so  that  here 
we  have  Commissioners  appointed 
at  home,  abroad,  to  Christians  as 
well  as  infidels,  in  every  form  in 
which  the  power  can  be  exercised ; 
and  in  every  form  acknowledged 
by  the  co-ordinate  branches  of 
Government,  to  be  constitutional 
and  right ;  and  yet,  sir,  it  is  now 
undertaken  to  arraign  and  de- 
nounce it  as  a  usurpation. 

The  second  ground  of  accusa- 
tion, that  the  nomination,  though 
made  in  recess,  was  not  submitted 
to  the  Senate  when  they  met,  has 
been  anticipated.  It  may  be  justi- 
fied on  several  grounds.  It  may  be 
justified  on  the  necessity  of  keep- 
ing the  mission  a  secret  until  the 
result  was  known,  on  his  consti- 
tutional power  of  originating  a  se- 
cret mission  without  the  co-opera- 
tion of  the  Senate ;  and  on  the 
inutility  of  naming  persons  to  be 
confirmed  in  offices  which  were 
temporary  in  their  nature,  and 
which  must  expire  before  the  con- 
firmation by  the  Senate  could 
reach  them.  Mr  L.  therefore 
earnestly  urged  the  rejection  of 
the  amendment  to  strike  out  the 
appropriation. 


Mr  Tyler  rose  in  opposition 
to  Mr  Livingston,  and  said  that 
this  was  no  secret  agency,  in  the 
diplomatic  sense,  but  a  secret  em- 
bassy or  mission.  And  as  to  the 
Panama  question,  that  that  was 
nothing  more  than  a  mere  ab- 
stract declaration  made  by  Mr 
Adams,  that  the  right  to  appoint 
ministers  without  the  interposition 
of  the  Senate  fell  within  the  com- 
petency of  the  executive  power. 
He  did  not  appoint,  however,  but, 
as  the  constitution  required,  nomi- 
nated persons  to  the  Senate  for  its 
advice  and  consent ;  and  yet  what 
was  the  course  pursued.  There 
then  stood  on  this  floor  nineteen 
Senators,  who  moved  with  the 
irresistible  force  of  the  Spartan 
phalanx  against  that  principle  as- 
serted by  him, — a  principle  which 
threatened  to  overthrow  the  Con- 
stitution. The  present  Secretary 
of  the  Navy  moved  a  resolution 
expressing  the  opinion  of  those 
Senators  in  the  following  words, 
viz  :  *  Resolved,  as  the  opinion  of 
the  Senate,  inasmuch  as  the  claim 
of  powers  thus  set  up  by  the  Ex- 
ecutive, might,  if  suffered  to  pass 
unnoticed  by  the  Senate,  be  here- 
after relied  upon  to  justify  the 
exercise  of  a  similar  power,  they 
owe  it  to  themselves  and  the 
States  they  represent,  to  protest, 
and  they  do  hereby  solemnly,  but 
respectfully,  protest  against  the 
same.'  Mark  this — a  mere  claim 
set  up.  The  apprehension  that 
that  might  be  called  into  prece- 
dent, to  justify  the  exercise  of  a 
similar  power  by  some  future  Ex- 
ecutive, was  sufficient  to  produce 
so  solemn  a  resolution  as  that 
which  I  have  read. 

The  opinions  then  uttered  by 


RUSSIAN   MISSION. 


117 


my  colleague  are  the  same  that 
he  has  enforced  in  this  debate. 
But  I  will  give  you  the  expres- 
sions and  opinions  of  a  gentleman 
who  stands  more  immediately 
connected  with  the  subject  under 
discussion.  I  mean  the  Secretary 
of  State — the  person  immediately 
charged  with  the  management  of 
our  diplomatic  relations,  one  upon 
whose  advice  the  President  doubt- 
less reposed  with  confidence. 

In  his  speech  on  the  Panama 
question,  he  contended  Mhat  it 
was  not  within  the  constitutional 
competency  of  the  Executive,  to 
institute  a  mission,  without  previ- 
ously consulting  the  Senate.' 

And  in  a  speech  delivered  by 
him  on  what  was  commonly  called 
'  the  rules  of  the  Senate,'  he  made 
the  following  striking  remarks, 
viz  :  that  ^  the  same  disposition  to 
limit  the  popular  branch  was  forci- 
bly illustrated  in  the  discussions 
of  the  foreign  intercourse  bill  in 
1798.  It  was  upon  that  occasion 
contended,  and  successfully  too, 
that  the  House  of  Representatives 
had  no  discretion  upon  the  ques- 
tion of  appropriation  for  the  ex- 
penses of  such  intercourse  with 
foreign  nations,  as  the  President 
saw  fit  to  establish.  That  they 
would  be  jusdy  obnoxious  to  the 
imputation  of  gross  delinquency 
if  they  hesitated  to  make  provis- 
ion for  the  salaries  of  such  foreign 
ministers  as  the  President,  with 
the  assent  ol  the  Senate,  should 
appoint.  What  would  be  the  feel- 
ings of  real  and  unchanged  repub- 
licans in  relation  to  such  doctrines 
at  this  day  ?  Associated  with  them, 
was  the  bold  avowal,  that  it  be- 
longed to  the  President  alone  to 
decide  on  the  propriety  of  the 
11 


mission ;  and  that  all  the  consti- 
tutional agency  which  the  Senate 
could  of  right  have,  was  to  pass 
on  the  fitness  of  the  individuals 
selected  as  ministers.  It  wa5  pre- 
tensions like  these  (said  Mr  Van 
Buren),  aided  by  unceasing  indi- 
cations, both  in  the  internal  and 
external  movements  of  the  Gov- 
ernment, that  produced  a  deep 
and  setded  conviction  in  the  pub- 
lic mind,  that  a  design  had  been 
conceived  to  change  the  govern- 
ment from  its  simple  and  repub- 
lican form,  to  one,  if  not  monarch- 
ical, at  least  too  energetic  for  the 
temper  of  the  American  people.' 
It  is  indeed  true,  that  the  avowal, 
that  the  President  alone  possessed 
the  power  to  decide  on  the  pro- 
priety of  a  mission,  and  that  all 
our  agency  consisted  on  deter- 
mining on  the  fitness  of  the  min- 
ister to  be  sent,  if  not  monarch- 
ical, is  at  least  too  energetic  in 
its  tendency,  bold,  and  somewhat 
reckless ;  and  yet  here  is  a  mis- 
sion originated,  and  not  even  the 
names  of  the  ministers  sent  in  to 
the  Senate  ;  and  that,  too,  not- 
withstanding a  long  session  of  that 
body  had,  in  fact,  intervened. 
Why,  sir,  here  is  not  only  a  bold 
avowal,  but  the  actual  execution 
of  that  avowal.  Not  only  no  pre- 
vious consultation  with,  but  no 
nomination  ever  submitted.  The 
Secretary  also  voted  for  the  reso- 
lution of  Mr  Branch  in  the  only 
form  in  which  he  could  express 
his  opinion. 

And  yet,  *  ere  those  shoes  were 
old,'  with  which  he  followed  (not 
'  like  Niobe,  all  tears,'  but  with 
a  heart  full  of  joy  and  gladness) 
the  last  administration  to  its  grave, 
the  same  doctrine  is  carried  into 


118 


ANNUAL  REGISTER,  1830—31. 


full  practice.  Mr  Tyler  conclud- 
ed with  a  motion  to  amend  an 
amendment  offered  by  Mr  Kane, 
by  adding  a  Proviso. 

Mr  Kane's  amendment  was  to 
strike  out  that  part  of  the  fifth 
amendment  of  the  Committee  on 
Finance,  proposed  to  be  stricken 
out  by  Mr  Tazewell,  after  the 
word  compensation,  and  inserting 
the  following : 

'  Persons  heretofore  employed 
in  our  intercourse  with  th.e  Sub- 
lime Porte,  the  further  sum  of 
fifteen  thousand  dollars,  in  addi- 
tion to  the  sum  of  twenty-five 
thousand  dollars,  by  this  act  ap- 
propriated for  the  contingent  ex- 
penses of  foreign  intercourse.' 
Tiiat  amendment  having  been  de- 
termined in  the  affirmative,  yeas 
twenty-two,  nays  twenty-one. 

Mr  Tyler  moved  to  amend  the 
amendment  as  thus  amended,  by 
adding  thereto  the  following:' — 
'  Provided  always,  That  nothing 
in  this  act  contained  shall  be  con- 
strued as  sanctioning  or  in  any 
way  approving  of  the  appointment 
of  these  persons  by  the  President 
alone,  during  the  recess  of  the 
Senate,  and  without  their  advice 
or  consent,  as  commissioners  to 
negotiate  a  treaty  with  the  Otto- 
man Porte.' 

The  motion  was  determined  in 
the  affirmative,  yeas  twenty-five, 
nays  eighteen. 

Mr  Webster  then  moved  to  fur- 
ther amend  the  amendment,  by 
making  an  appropriation  for  a 
Charge  des  Affaires  instead  of  a 
minister,  and  by  reducing  the 
appropriation  for  the  contingent 
expenses  of  the  legation,  from 
$50,000  to  $25,000. 

The  motion  was  determined  in 


the  affirmative,  yeas  thirty-seven, 
nays  seven. 

Mr  Hayne  moved  to  strike  out 
the  provision  for  a  student  of  lan- 
guages ;  which  was  determined 
in  the  affirmative,  yeas  twenty- 
nine,  nays  thirteen. 

The  question  was  then  put,  on 
the  amendment  of  Mr  Webster, 
as  amended,  and  determined  in 
the  affirmative,  yeas  thirty-nine, 
nays  four. 

i\Ir  King  moved  to  insert  a 
proviso  of  a  general  nature,  so  as 
to  refer  to  all  former  administra- 
tions ;  which  was  negatived,  yeas 
nineteen,  nays  twenty-three. 

Mr  Bibb  renewed  the  motion 
to  strike  out  the  whole  of  the 
proviso,  which  after  an  explana- 
tion by  Mr  Tyler,  disclaiming 
any  intention  of  giving  it  a  partic- 
ular application  to  the  President, 
was  determined  in  the  negative, 
as  follows,  yeas  seventeen,  nays 
twenty-five. 

The  amendment  was  then 
agreed  to  as  follows. 

'  For  the  outfit  and  salary  of  a 
Charge  des  Affaires  and  a  Dro- 
goman,  at  Constantinople,  and 
for  the  contingent  expenses  of  the 
Legation,  §36,500;  that  is  to 
say,  for  the  outfit  of  a  Charge  des 
Affaires,  $4,500  ;  for  the  salary 
of  the  same,  $4,500 ;  for  the  sal- 
ary of  a  Drogoman,  $2,500  ;  for 
the  contingent  expenses  of  the 
Legation,  $25,000. 

'  For  compensation  to  the  per- 
sons heretofore  employed  in  our 
intercourse  with  the  Sublime 
Porte,  the  further  sum  of  $15,- 
000,  in  aid  of  the  sum  of  $25,000, 
appropriated  for  the  contingent 
expenses  of  foreign  intercourse  : 
Provided  always^   That  nothing 


APPROPRIATIONS. 


119 


in  this  act  contained,  shall  be 
construed  as  sanctioning,  or  in  any 
way  approving  the  appointment  of 
these  persons,  by  the  President 
alone,  during  the  recess  of  the 
Senate,  and  without  their  advice 
and  consent,  as  commissioners  to 
negotiate  a  treaty  with  the  Otto- 
man Porte.' 

The  bill  was  then  passed,  and 
sent  to  the  House  for  its  concur- 
rence in  the  amendments  propos- 
ed by  the  Senate.  In  the  House, 
the  amendments  were  all  concur- 
red in  except  the  first,  which  pro- 
vided for  an  additional  compen- 
sation of  $300  to  the  Assistant 
Librarian  of  Congress,  and  the 
proviso  in  relation  to  the  Turkish 
treaty,  which  was  disagreed  to, 
eighty-three  affirmative,  fifty-sev- 
en ne2;ative. 

The  Senate  receded  from  the 
first  amendment,  and  having  ad- 
hered to  the  one  relating  to  the 
Turkish  treaty,  by  a  vote  of 
twenty  to  nineteen,  a  conference 
was  asked  and  committees  were 
appointed  on  the  part  of  both 
Houses. 

At  that  conference  it  was  agreed, 
that  the  proviso  moved  by  Mr 
Tyler,  should  be  stricken  out  of 
the  bill,  and  that  instead  of  an 
appropriation  of  $15,000  specif- 
ically granted  for  the  contingent 
expenses  of  that  negotiation  as 
proposed  by  the  House,  that  the 
general  contingent  fund  for  the 
expenses  of  diplomatic  intercourse 
should  be  augmented  $15,000. 

The  difficulty  was  thus  adjust- 
ed in  the  committee,  and  both 
Houses  having  agreed  to  their 
report,  the  general  appropriation 
bill  was  passed  into  a  law. 


By  that  law  the  following  ap- 
propriations were  made,  viz ; 

For  the  expenses  of  the  Exec- 
utive Department,  incUidinfj 
salaries  of  the   Vioe    Presi- 
dent, all  the  Departments  at 
Washin(rton,and  of  the  Ter- 
ritorial Governments  ^098,970 
Survey  of  the  Public  Lands         130,000 
Expenses  of  Diplomatic  Inter- 
course 334,000 
Expenses  of  Congress                  430,053 
'•         of  the  Judicial   De- 
partment                                     307,553 
For  Light-houses,  Beacons,  &.c    22*3,956 
For  Pensions  1 ,750 
For  Miscellaneous  Expenses         77,313 

The  bill  making  appropriations 
for  the  naval  service  lor  the  year 
183 1,  was  taken  up  in  the  House 
on  the  17th  of  February,  and 
having  received  the  sanction  of 
that  body,  was  sent  to  the  Senate, 
where  it  passed,  without  amend- 
ment, into  a  law. 

By  that  act  there  were  appro- 
priated 

For  Pay,   Subsistence,   and 

Provisions  $1,509,837 

For  repairs  of  Vessels  615,400 

For  Medicines  and  Hospital 

Stores  25,500 

For  Repairs  and  Improve- 
ment of  Navy  Yard  272,250 
For  enumerated  Contingent 

cies  250,000 

For  Non-enumerated,  do  5,000 

For  the   suppression  of  the 

Slave  Trade  10,000 

For  Arrearages  15,763 

For    Expenses    of   Marine 

Corps  135,796 

For  rebuilding  Monument  to 

the  memory  of  those  who 

fell  in  the  Tripolitan  v/ar  2,100 

By  another  act  passed  at  an 
earlier  period  of  the  session,  the 
sum  of  $87,360  was  appropriat- 
ed for  the  construction  of  three 
schooners  of  twelve  guns  each. 

The  annual  bill  providing  for 
fortifying  the  coast  of  the  United 
States,  was  taken  up  in  the  House 


120 


ANNUAL  REGISTER,  1830—31. 


on  the  17ih  of  February,  and  hav- 
ing been  amended  in  the  Senate, 
received  the  sanction  of  both 
Houses,  and  became  a  law. 

By  this  act  the  following  sums 
were  appropriated  for  the  com- 
pletion of  fortifications,  viz : 
For  Fort  Adams  $100,000 

"       Hamilton  10,000 

*■       Columbus  and  Cas- 
tle Williams  25.000 
"       Monroe  80,000 
"       Calhoun                            80.000 
"       Macon                               70.000 
"       on  Oak  Island  9.0,000 
For  Fortifications  at  Charles- 
ton                                                45,000 
For  Fortifications  at  Pensa- 

cola  100,000 

For  Fort  at  Mobile  Point  90,000 

For  Preservation  of  Georges 

Island,  Boston  harbor  5,000 

For  Repairs  of  Forts  7,000 

For  Contingencies  10,000 

The  military  appropriation  bill 
for  1831,  was  also  taken  up  in 
the  House  on  the  17th  of  Febru- 
ary, and  having  passed  without 
debate,  was  sent  to  the  Senate 
for  its  concurrence. 

It  was  there  amended  by  in- 
creasing the  appropriation  for  the 
armament  of  fortifications  from 
$100,000,  to  1200.000.  Mr 
Clayton  also  moved  to  amend  it 
by  appropriating  $30,000  annu- 
ally, in  addition  to  the  sum  appro- 
priated by  the  act  of  1808,  for 
the  purpose  of  tirming  the  militia 
of  the  United  States.  This 
amendment  was  rejected,  ayes 
seventeen,  nays  twenty-five,  and 
the  amendment  increasing  the  ap- 
propriation for  the  armament  of 
fortifications  was  disagreed  to  by 
the  House,  when  the  Senate  re- 
ceded from  it  and  the  bill  passed 
into  a  law. 

The    following   appropriations 

were  made  by  that  act,  viz  : 

For  Pay  of  the  Army,  and 

Subsistence  of  the  Officers  $1,108,612 


For  Forage  and  Subsistence 

314,01  r> 

For  Clothing 

13(3,037 

For   Medical    and   Hospital 

Department 

30,000 

For  Quarter   Master's    De- 

partment 

220,800 

For  Transportation 

167,000 

For  West  Point  Academy 

24,050 

For  Contingencies 

10,000 

For  National  Armories 

360,000 

For  Armament  of  Fortifica- 

tions 

100,000 

For  Ordinance  Service 

68,0(*0 

For  Arsenals 

94,400 

For  Recruiting  Service 

51,64b 

For  Militia  of  Missouri  and 

Arkansas 

9,666 

For  Arrearages 

5;284 

For  Medals  for  Indian  De- 

partment 

3,000 

For  completing    Mars   Hill 

Road,  in  Maine 

5.000 

For  Harper's  Ferry  Armory 

7,500 

The  bill  making  the  appropri- 
ations for  the  Indian  Department, 
w^as  taken  up  in  the  House  the 
same  day  with  the  other  bills  for 
the  War  Department,  and  receiv- 
ed the  concurrence  of  the  House, 
after  an  ineffectual  attempt,  by 
Mr  Bates,  to  amend  it  by  ad- 
ding thereto  a  section,  directing 
the  Indian  annuities  to  be  paid  in 
the  manner  usually  followed  since 
the  grant  thereof,  until  the  Indian 
tribes  respectively,  in  general 
council,  shall  otherwise  direct. — 
This  amendment  was  cut  off  by  a 
motion  of  Mr  Buchanan  for  the 
previous  question,  and  the  bill 
was  then  passed  and  sent  to  the 
Senate.  It  was  there  amended 
by  directing  the  appropriation  of 
$80,248  for  carrying  into  effect 
the  Choctaw  treaty  of  1830,  to 
be  paid  out  of  any  money  in  the 
treasury  ;  whereas  the  House  had 
directed  it  to  be  paid  out  of  the 
$500,000  appropriated  at  the  last 
session,  for  the  removal  of  the 
Indians. 

This  amendment  was  concur- 
red in  by  the  House,  ninety-two 


APPROPRIATIONS. 


121 


ayes,  seventy-two  nays,  and  the 
bill  passed  into  a  law. 

By  that  act  the  following  ap- 
propriations were  made  for  1831, 
viz: 

For  the  Expenses  of  the  lu^ 

dian  Department  $81,090 

For  Presents  to  the  Indians  15,000 

For  Ejcpenses  of  Indian  In- 
tercourse and  of  Agencies  50,374 

For  Blacksmiths'  Shops  23,760 

Besides  those  appropriations, 
three  laws  were  enacted  making 
the  following  appropriations  for 
the  Indian  service,  viz  : 


For  the  payment  of  annuities 
For  Expenses  of  Emigrating 

Tribes 
For  Presents  and   Expenses 

of  negotiating  treaties 
For    Expenses    of   running 

Boundary  lines    between 

Tribes 
For    Schools,    Blacksmiths, 

Millwrights,  Agricultural 


$82,000 

124,902 

24,215 


Implements,    Tools,    and 
Education  100,250 

Six  thousand  dollars  were  also 
appropriated  annually,  as  an  an- 
nuity for  the  Seneca  tribe  in  New 
York. 

The  sum  of  $74,762  was  also 
appropriated  for  the  arrearages 
in  the  Indian  Department. 

Appropriations  were  also  made 

For  the  Improvement  of  the 

Capitol   and    the    Square 

round  that  building 
For  Improvement  of  the  Pres» 

ident's  House  and  Garden 
For  Furniture  for  same 
For  Architect 


18,944 

7,982 
5,000 


For  Penitentiary  in  District 
of  Columbia 


30,300 


The  appropriations  for  internal 
improvement,  will  be  found  in 
chapter  five,  which  is  devoted  to 
the  consideration  of  that  subject* 


11 


wTt 


CHAPTER    VII. 

Colombia. — Geography. — Physical  Aspect . — Productions. — Gov- 
eminent  under  Spain. — Religion. —  Character  of  the  People. — 
Causes  of  the  Revolution. — Revolutionary  Movements. — Mi- 
randa.— Events  of  Bayenne. — Juntas. — Independence. 


During  the  last  year  the  repub- 
lic of  Colombia  was  dissolved 
into  its  original  elements,  subse- 
quently to  the  death  of  of  Bolivar, 
under  whose  auspices  its  constit- 
uent provinces  had  been  united 
together,  and  it  is  now  in  the 
course  of  being  reconstructed  in 
a  form  better  calculated  to  give 
satisfection  to  the  people,  and 
with  Santander  for  President.  We 
reserve  the  history  of  these  events 
for  another  time,  when  having 
reached  their  consummation,  they 
may  be  presented  in  a  complete 
view,  occupying  the  space  usually 
devoted  to  Colombia  with  an  ac- 
count of  the  circumstances  which 
led  to  a  separation  from  Spain. 

The  Republic  of  Colombia  as 
it  recently  existed,  embraced  all 
that  vast  region  of  South  America, 
known  in  Spanish  books  as  the 
Terra  Firma  or  Spanish  Main, 
having  been  composed  of  the  Cap- 
tain Generalship  of  Venezuela  and 
the  Vice  Royalty  of  New  Gran- 
ada, including  Quito,  and  also  the 
provinces  of  Panama  and  Vern- 
gua  in  the  isthmus.  It  extended 
on  the  Atlantic  from  Cape  Gra- 
cias-a-Dios  along  the  whole  north- 
ern coast  of  the  Continent  of 
South  America  to  the  River  Es- 


equebo,  and  on  the  Pacific,  from 
the  Gulf  of  Guayaquil  to  the 
Gulf  Dulce.  It  touched  Guatem- 
ala on  the  isthmus,  and  was  bound- 
ed on  the  south  by  Peru,  the 
Empire  of  Brazil,  and  Dutch 
Guiana,  occupying  twenty  degrees 
of  latitude.  The  space  compre- 
hended within  these  limits  con- 
tains 92,000  square  leagues,  and 
sustained  at  the  beginning  of  the 
revolution,  a  population  of  2,900, 
000,  souls.  The  first  fundamen- 
tal law  of  the  Republic  divided 
the  whole  territory  into  three 
great  departments,  Quito,  Cun- 
dinamarca,  and  Venezuela,  which, 
proving  too  extensive  for  the  pur- 
poses of  convenient  internal  ad- 
ministration, were  gradually  sub- 
divided into  twelve  departments, 
denominated,  Orinoco,  Venezu- 
ela, Apure,  Zulia,  Boyaca,  Cun- 
dinamarca,  Magdalena,  Istmo, 
Cauca,  Ecuador,  Guayaquil,  and 
Asuays,  and  these  constitute  the 
political  divisions  of  Colombia 
employed  in  the  present  wgrk. 

The  physical  aspect  of  a 
country  resting  upon  both  oceans 
and  covering  so  great  an  extent 
of  soil,  is  of  course  highly  diver- 
sified, curious,  and  interesting. 
It  is  partitioned   by  nature  into 


COLUMBIA. 


123 


two  great  divisions,  totally  differ- 
ent from  each  other  in  climate, 
surface,  condition,  and  produc- 
tions ;  the  easterly  half  of  it  being 
as  much  distinguished  by  its  im- 
mense range  of  plains,  as  the 
other  is  by  its  numerous  ridges  of 
the  loftiest  mountains  in  America. 
The  long  chain  of  the  Andes,  which 
beginning  at  the  very  extremity 
of  the  continent,  sweeps  along  the 
shores  of  the  Pacific  from  south 
to  north,  through  Chili  and  Peru, 
enters  Colombia  at  Loja  in  a  sin- 
gle undivided  range  of  elevated 
summits,  and  so  continues  onward 
for  several  degrees,  sundered  only 
by  a  very  narrow  valley,  until  it 
reaches  Pasto.  In  this  region, 
between  Loja  and  Pasto  are  the 
celebrated  peaks  of  Chimborazo, 
Cayambar,  Capac-Urca,  Coto- 
paxi,  and  others,  some  of  which 
are  terrific  volcanoes,  elevated 
far  above  the  region  of  eternal 
snow.  In  the  province  of  Pasto 
the  chain  is  broken  up  into  deep 
vaUies,  rough  precipices,  and  dif- 
ficult defiles,  which  give  this  prov- 
ince advantages  in  a  defensive  war 
unsurpassed  in  any  part  of  Amer- 
ica ;  and  here  at  length  the  Andes 
are  severed  into  a  number  of 
branches,  spreading  out  in  fan- 
like ramifications  towards  the  At- 
lantic. One  branch  still  pursues 
the  coast  of  the  Pacific,  and 
goes  off  to  the  northwest  to  form 
the  isthmus  of  Panama,  after 
throwing  off  a  ramification,  which 
embraces  the  valley  of  the  river 
Atrato,  and  reaches  the  Atlantic 
near  the  Gulf  of  Darien. 

A  second  great  branch  pro- 
ceeds northwardly  separating  the 
noble  streams  of  the  Cauca  and 
the  Magdalena.     A  third  branch, 


extending  to  the  northwest,  con- 
taining the  rich  vallies  of  Bogota 
and  Sogamoso,  the  primitive  seats 
of  the  ancient  Indian  kingdom  of 
the  Mayscas  ;  it  severs  the  waters 
of  the  Magdalena  from  those 
which  flow  into  the  Orinoco,  and 
as  it  approaches  the  Adantic  is  di- 
vided so  as  to  embrace  the  great 
lake  of  Maracaybo  between  its 
two  ramifications.  All  that  por- 
tion of  Colombia  through  which 
these  main  branches  of  the  Andes 
extend,  may  with  the  exception 
of  a  comparatively  small  portion  of 
it,  be  described  as  full  of  moun- 
tains covered  with  woods,  mead- 
ows, and  arable  land.  There  is 
concentrated  the  great  mass  of 
the  population,  industry,  agricul- 
ture, and  intelligence  of  the  peo- 
ple of  Colombia.  Its  principal 
cities,  such  as  Caracas,  Bogota, 
Popayan,  Quito,  Cuenca,  are 
placed  high  on  the  Cordilleras, 
where  their  inhabitants  breathe  a 
pure  and  vivifying  air,  which  fits 
them  for  action  whether  of  body 
or  mind. 

Eastward  of  the  region  just  de- 
scribed, every  thing  is  totally 
different.  Interminable  plains, 
covered  half  the  year  with  im- 
mense herds  of  neat  cattle  and 
horses,  and  presenUng  the  other 
half  the  appearance  of  an  inter- 
nal ocean  ;  small  thickets  scat- 
tered over  wide-spreading  savan- 
nahs ;  the  mighty  Orinoco,  with 
its  great  branches,  the  Guavi- 
ari,  Meta,  and  Apure,  emulating 
the  Mississippi  and  its  tributary 
streams,  and  creating  an  unexam- 
pled exuberance  of  vegetable  life. 

Such  are  the  characteristics 
of  the  great  eastern  level  of  Co- 
lombia which  extends  for  a  dis- 


124 


ANNUAL  REGISTER,  1830—31 


tance  of  three  hundred  and  eighty 
leagues  from  the  delta  of  the  Or- 
inoco to  the  foot  of  the  Andes  of 
Pasto.  The  inhabitants  of  the 
great  region  of  the  plains  are  few 
in  number,  particularly  towards 
Guiana,  as  the  last  settlements 
are  on  the  banks  of  the  Meta, 
and  east  of  the  Apure  is  a  popu- 
lation of  only  60,000  souls,  and  a 
few  wandering  tribes  of  aborigines. 
Beyond  this  plain  on  the  side  of 
Brazil  is  a  group  of  mountains 
covered  with  unexplored  forests, 
the  mysterious  Guiana  of  Ra- 
leigh's search,  the  region  of  dark- 
ness and  fable,  the  untrodden  Do- 
i-ado  of  Central  America. 

As  the  whole  of  Colombia  is 
situated  within  the  tropics,  its  cli* 
mate  is  varied  only  according  to 
the  elevation  of  soil  above  the 
level  of  the  sea,  the  plains  and 
low  vallies  possessing  all  the  heat 
proper  to  their  latitude,  and  the 
heat  diminishing  as  you  ascend 
the  mountains.  The  vegetable 
productions  have  reference  of 
course  to  the  same  principle. 
The  usual  trees  and  plants  of  the 
torrid  zone  are  abundant  on  the 
low  soils,  whether  consisting  in 
objects  of  cultivation,  like  tobac- 
co, cojSee,  cotton,  sugar,  and  co- 
coa, or  in  the  colossal  growth  and 
luxuriant  verdure  of  unassisted 
nature;  while  the  fruits  and  grains 
of  the  temperate  zone  are  equally 
abundant  on  the  Cordilleras.  The 
orders  of  Venezuela  have  always 
consisted  in  these  productions  of 
the  soil  and  in  its  herds  of  cattle 
and  horses.  New  Granada  also 
possesses  great  mineral  riches, 
especially  in  gold,  which  abounds 
in  various  parts  of  the  country, 
and  served  at  an  early  period  to 


allure  the  Spaniards  on  to  the 
subjugation  of  its  aboriginal  in- 
habitants. 

To  describe  the  conquest  and 
setdement  of  Venezuela  and  New- 
Grenada  by  the  Spaniards  would 
be  foreign  to  this  undertaking; 
and  we  pass  it  over,  although  the 
expedition  of  Gonzalo  Ximenez 
de  Quesada  against  Bogota  is 
hardly  less  interesting  than  that 
of  Cortez  in  Mexico,  or  Pizarro 
in  Peru,  which  in  many  respects 
it  closely  resembles.  It  is  a  pic- 
ture of  rapacity,  cruelty,  and 
bloodshed,  which  all  the  evangel- 
ical virtues  of  his  companions, 
the  missionaries,  Domingo  Las 
Casas  and  Pedro  Zambusano,  are 
inadequate  to  redeem  from  infamy. 

When  in  process  of  time  the 
conquest  and  colonization  of  the 
country  by  the  Spaniards  were 
accomplished,  and  its  new  politi- 
cal organization  completely  ar- 
ranged. New  Granada,  it  is  true, 
was  governed  by  a  Viceroy,  and 
Venezuela  by  a  Captain  General ; 
but  in  most  things  each  was  ad- 
ministered according  to  one  uni- 
form system.  The  Viceroy  of 
Santa  Fe  was  appointed  for  five 
years,  and  exercised  all  the  pow- 
ers of  government,  civil,  military, 
and  judicial,  inasmuch  as,  in  ad- 
dition to  being  political  chief,  and 
commander  of  the  troops,  he  was 
president  of  the  highest  court  of 
justice.  The  Captain  General 
of  Venezuela  exercised  precisely 
the  same  practice,  except  that  li© 
did  not  superintend  royal  reven- 
ues, which  were  committed  more 
to  an  intendant.  A  carefully  or- 
ganized system  of  internal  respon- 
sibility made  the  governors  and 
commandants  of  provinces  and  the 


GOVERNMENT  UNDER  SPAIN. 


125 


alcaldes  of  the  towns  dependant 
upon  the  king's  representative  in 
all  the  affairs  of  government.  For 
the  administration  of  justice  New 
Granada  was  divided  into  two 
audiencias,  or  supreme  judicial 
districts,  one  resorting  from  Quito 
and  the  other  from  Bogota,  while 
Venezuela  constituted  a.ii0[d  dis- 
trict centering  in  Caracas.  The 
audiencias  were  the  high  court  of 
appeal  in  the  colonies,  whose 
judgment  was  final,  except  in  cer- 
tain cases,  where  an  appeal  was 
allowed  to  the  Council  of  the  In- 
dies at  Madrid,  a  privilege,  which 
the  procrastinating  system  of  the 
Spanish  tribunal,  the  distance  of 
the  metropolis,  and  the  expense 
and  other  difficulties  attending  the 
prosecution  of  an  appeal  in  Ma- 
drid, rendered  of  small  value  to 
the  colonist.  It  is  generally  ad- 
mitted, however,  that,  in  all  but 
questions  of  political  offence,  the 
audiencias  administered  justice 
with  rectitude  and  sufficient  mod- 
eration of  spirit.  In  addition  to 
the  regular  tribunals  were  privi- 
leged courts  of  fiscal,  commer- 
cial, military,  and  ecclesiastical 
jurisdiction. 

The  authority  of  the  King  was 
nearly  as  complete  and  absolute  in 
ecclesiastical,  as  in  civil,  affairs. 
As  general  patron  of  the  Ameri- 
can Church,  he  nominated  all  the 
prelates,  who  were  confirmed  by 
the  Pope,  as  a  matter  of  course ; 
and  all  the  inferior  ecclesiastical 
dignities  were  in  like  manner 
conferred  by  virtue  of  his  nomi- 
nation. The  effect  of  all  this, 
w^as  to  render  the  clergy  entirely 
dependent  on  the  King,  and  of 
course  to  retain  them  in  obedi- 
ence to  his  powers,  by  the  strong- 


est inducements  of  interest.  And 
as  ecclesiastical  tribunals  were 
subject  to  the  control  of  the  audi- 
encias, the  people  were  protected 
from  any  abuse  of  authority  on 
the  part  of  the  church,  except  in 
the  case  of  the  Inquisition.  Even 
this  dreaded  body  had  began  to 
yield  to  the  enlightened  spirit  of 
the  times,  and  was  chiefly  felt  in 
the  impediments  it  threw  in  the 
way  of  the  acquisition  of  knowl- 
edge. 

The  Roman  Catholic  religion 
prevailed  universally  and  exclu- 
sively, save  among  some  tribes  of 
Indians,  and  possessed  a  strong 
hold  on  the  minds  of  the  inhabi- 
tants, according  to  the  peculiar 
mode  in  which  its  cultivation  was 
most  encouraged  by  their  spiritual 
teachers.  But  duties  of  confes- 
sion, the  external  observances  and 
liberality  in  gifts  and  bequests,  ac- 
companied with  much  supersti- 
tion, and  fanatical  misjudgment 
of  other  denominations  of  Chris- 
tians, seem  to  have  been  deemed 
the  prominent  and  essential  traits 
of  religion  in  these,  as  in  the  other 
Spanish  American  provinces. — - 
One  consequence  of  the  tendency 
given  by  the  clergy  of  the  country 
to  religious  impression,  was  the 
vast  accumulation  of  riches  in  the 
hands  of  ecclesiastical  corpora- 
tions. More  than  one  fourth  part 
of  the  real  estate  of  New  Granada 
and  Venezuela,  was  thus  holden 
previous  to  the  revolution. 

The  great  mass  of  the  inhabi- 
tants lay  buried  in  the  most  pro- 
found ignorance.  Primary  schools 
being  extremely  rare,  and  confin- 
ed to  a  few  popular  places,  it  ne- 
cessarily happened  that  the  In- 
dians, slaves,  cultivators,  and  arti- 


J  26 


ANNUAL  REGISTER,  1S30-^:JI, 


sans,  that  is,  three  fourths  of  the 
population,  were  wholly  unable  to 
read.  The  children  of  the  better 
class  of  proprietors,  merchants, 
and  public  functionaries,  receiv  ed 
some  little  education ;  but,  take 
them  as  a  body,  they  only  learnt 
the  elementary  branches  of  read- 
ing, writing,  and  accounts.  Only 
the  smaller  number  aspired  to  a 
better  education  as  preparatory  to 
entering  the  clerical  or  legal  pro- 
fession. In  the  colleges  of  Santa 
Fe,  Quito,  or  Caracas,  the  sys- 
tem of  instruction  was  elaborately 
arranged  with  a  view  to  shut  out 
all  the  light  of  modern  philosophy, 
even  physical  science  being  re- 
garded with  a  jealous  eye,  lest  the 
acquisition  of  knowledge  should 
slacken  the  submissiveness  of  the 
colonies  to  the  mother  country. 
It  was  only  in  the  retirement  of 
private  life,  that  they,  among  the 
inhabitants,  who  aspired  to  the 
acquisition  of  general  information, 
could  read  the  books  and  cultivate 
the  sciences  of  modern  Europe. 
And  if  they  sought  to  gain  politi- 
cal knowledge,  it  was  done  with 
infinite  risk  and  labor.  Mean- 
while the  Inquisition  exerted  all 
its  powers  to  prevent  the  intro- 
duction into  the  country  of  all 
books  capable  of  enlightening  the 
minds  of  the  people,  and  to  detect 
and  punish  the  possessors  of  any 
prohibited  works.  It  is  to  the 
anxious  suppression  of  all  intelli- 
gence among  the  people,  so  far  as 
the  government  were  able  to  ac- 
complish it,  we  are  to  ascribe 
many  of  those  vicissitudes  and 
public  misfortunes,  which  mark 
the  progress  of  the  revolution  in 
Colombia. 

Little  progress  had  been  made 


in  any  of  the  useful  arts  of  life, 
except  agriculture.  Indeed,  it 
was  only  on  the  co^st  of  Vene- 
zuela, that  the  facility  of  obtain- 
ing a  market  had  led  to  any 
considerable  development  of  ag- 
ricultural industry.  The  culti- 
vation of  cocoa,  coffee,  indigo, 
and  sugar,  was  dien  extensively 
pursued,  and  constituted  the  great 
source  of  wealth.  But  in  the 
interior,  agriculture  continued  in 
a  very  imperfect  state  ;  and  man- 
ufacture was  almost  everywhere 
confined  to  the  coarser  fabrics. 
The  condition  of  the  country  in 
respectof  roads,  opposed  a  serious 
obstacle  to  the  exercise  of  indus- 
try, by  the  interchange  of  com- 
modities ;  land  transportation  be- 
ing altogether  carried  on  by  means 
of  horses  or  mules,  and  carriages 
of  any  kind  being  almost  unknown. 
Some  portion  of  the  country,  ap- 
parendy  afforded  great  facilities 
for  communication  by  water  on 
the  large  rivers  of  the  interior ; 
but  it  was  only  by  means  of  large 
boats,  in  the  manner  formerly 
practised  on  the  Ohio  and  Missis- 
sippi before  the  use  of  steam- 
boats ;  and  of  course  it  very  in- 
adequately answered  the  purposes 
of  extensive  commerce. 

In  New  Granada,  and  a  large 
part  of  Venezuela,  where  the 
manners  of  the  people  were  sim- 
ple, and  the  means  of  subsistence 
abundant,  crimes  were  compar- 
atively rare,  far  more  so  than 
among  the  inhabitants  of  the  sea- 
coast,  who,  in  Spanish  America, 
as  well  as  in  Spain,  communicate 
no  just  idea  of  the  general  char- 
acter of  the  people.  The  great- 
est laxity  of  manners  was  to  be 
found  among  the  mariners  of  the 


GOVERNMENT  UNDER  SPAIN. 


127 


coast,  and  the  boatmen  of  the  riv- 
ers, and  among  some  of  the  Lla- 
nerosj  or  inhabitants  of  the  plains 
of  the  Orinoco  and  Apure.  This 
general  view  of  the  state  of  the 
country  and  of  the  people,  cannot 
be  more  appropriately  concluded 
than  in  the  very  words,  wherein 
Restrepo  so  well  characterises 
the  different  classes  of  inhabitants. 

*  The  civilized  Indian,'  he  says, 

*  was  abject,  profoundly  ignorant 
and  dull,  and  the  slave  of  the  cu- 
rates and  local  magistrates,  who 
appropriated  to  themselves  the 
fruits  of  his  toil.  The  African 
slave  was  treated  far  better  than 
in  other  countries,  but  here  also 
partook  of  the  ignorance  and  vices 
inherent  in  servitude.  The  free 
mulatto  was  endued  with  vivacity, 
penetration,  boldness,  and  aptitude 
for  the  arts  and  sciences,  as  for 
any  other  pursuit.  The  inhabi- 
tants of  the  plains  in  the  eastern 
parts  of  New  Grenada  and  Ven- 
ezuela, composed  of  mixed  races 
of  every  shade,  were  marked  by 
peculiar  traits.  Accustomed  from 
early  infancy  to  combat  the  tiger 
and  ferocious  bulls,  living  in  saddle 
and  mounting  the  wildest  horses 
without  apprehension,  and  lance 
in  hand,  the  Llanero  of  course 
learnt  to  fear  nothing,  and  his  fa- 
vorite occupation  was  to  pasture 
and  manage  the  immense  herds  of 
their  native  Savannahs,  crossing 
the  vast  rivers  regardless  of  the 
caiman,  and  resting  one  hand  on 
the  shoulder  of  the  horses  which 
swam  by  his  side.  These  circum- 
stances rendered  the  llaneros  pe- 
culiarly fit  for  war  ;  and  in  that  of 
the  revolution  they  realised  the 
anticipations  which  travellers  had 
formed  of  them,  continually  per- 


forming prodigies  of  valor,  and  de- 
ciding with  the  lance  alone,  some 
of  the  most  brilliant  actions  of  the 
revolution.  The  castes  of  Indians, 
negroes,  and  mulattoes,  were  op- 
posed to  the  white  Creoles,  who, 
together  with  the  European  Span- 
iards, the  white  natives  of  Grana- 
da and  Venezuela,  were  com- 
monly of  a  character  circumspect 
in  the  cold,  and  lively  and  ani- 
mated in  the  warm  climates  ;— of 
a  happy  disposition  for  the  arts 
and  sciences,  and  but  litde  in^ 
clined  to  labor — the  sad  and 
necessary  consequence  of  the 
abasement  and  servitude  they  had 
suffered  for  three  hundred  years. 
Ignorant  themselves,  from  th© 
mode  in  which  they  were  brought 
up,  they  still  respected  the  en- 
lightened, and  longed  to  escajvi 
from  their  own  ignorance,  aivi 
fanatical  by  education  and  hab^t, 
rather  than  tendency  of  mind.-— 
they  liberalised  their  opinions  $o 
soon  as  opportunities  for  acquif  ins; 
knowledge  occurred.' 

It  will  be  instructive  to  col*-- 
dense  from  the  same  author,  a 
view  of  the  causes  which  it  prodiv- 
ced,  as  well  of  those  which  dela}'-- 
ed  and  protracted  the  war  of  in- 
dependence in  Colombia.  What 
in  the  greatest  degree  served  to 
exasperate  the  minds  of  the  South 
Americans,  was  their  total  exclu- 
sion from  employments,  civil,  mil- 
itary, or  ecclesiastical.  The  high 
posts  in  church  and  state,  the 
offices  of  viceroy,  captain  general, 
judge  (oidor),  governor,  intend- 
ant,  bishop,  and  archbishop,  were 
lilled  with  Europeans.  Rarely 
was  an  American  honored  with 
any  employment,  except  in  sub- 
ordinate stations  in  the  treasury, 


128 


ANNUAL  REGISTER,  1830—31. 


army,  or  church.  It  is  easy  to 
conceive  how  much  discontent  this 
peculiarity  in  the  Spanish  pohcy 
must  have  created  in  the  colonies, 
among  men  who  saw  every  office 
of  honor  and  profit  in  the  hands 
of  fortune-hunting  foreigners,  to 
tl^ieir  own  exclusion  and  the  im- 
poverishment of  their  country. 

This  cause  of  uneasiness  was 
greatly  aggravated  by  the  haugh- 
tiness and  superciliousness  of  the 
Spanish  functionaries.  Infatuated 
with  extravagant  notions  of  their 
own  superiority,  each  one  of  the 
Spanish  officers  acted  the  petty 
despot,  disgusting  the  Americans 
with  contemptuous  disregard  of 
the  feelings  and  pretensions  of 
everything  American.  The  na- 
tive inhabitant  of  the  country  was 
outraged  by  seeing  all  the  distinc- 
tions of  life  arrogated  and  engross- 
ed by  men,  his  inferiors  in  birth 
and  qualification,  all  the  power 
and  emolument  of  high  office 
theirs,  and  even  a  large  propor- 
tion of  the  advantageous  matrimo- 
nial connexions  grasped  by  the 
same  rapacious  class,  whose  only 
claim  to  preference  consisted  in 
their  being  aliens  to  the  soil  and 
interests  of  America. 

The  better  informed  and  purely 
disinterested  inhabitants  of  South 
America  v/ere  incensed  by  the 
obstacles,  which  they  encounter- 
ed, in  their  attempt  to  acquire 
and  disseminate  knowledge.  No 
man  could  purchase  books  without 
exposing  himself  to  the  domicilia- 
ry visits  of  the  Inquisition,  and  to 
being  denounced  and  proceeded 
against  before  that  odious  tribunal. 
The  purest  and  best  members  of 
the  community  were  most  exposed 
to  be  buried  alive  in  the  prisons 


of  the  Holy  Office,  in  the  noxious 
climate  of  Carthagena.   They  saw 
the  universities  of  their  country 
condemned  to  teach  the  obsolete 
and    absurd    philosophy    of  the 
schools,  as  if  to  cheat  their  sons 
with  the  name  of  education,  and 
perpetuate  the  empire  of  igno- 
rance, barbarism,  and  superstition. 
Thus  it  was  that  the  most  patri- 
otic and  high-minded  Americans 
were   taught   to   anticipate  with 
calmness  all  the  bloodshed  and 
suffering  of  a  revolution,  as  the 
sole  means  of  rescuing  their  pos- 
terity from  that  state  of  desperate 
intellectual  abasement,  which  the 
Spanish  Government  had  come 
to  think  essential  to  the  main- 
tenance of  its  power  in  America. 
The  operation  of  the  colonial 
system   was    another   grievance, 
universally  felt  by  all  classes  and 
conditions ;  that  tyrannical  abuse 
of  power,  which  arose  out  of  the 
principle  of  considering  the  colo- 
nies as  existino;  for  no  other  ob- 
ject,  but  that  of  enriching  the  in- 
dustry of  the  metropolis.    In  pur- 
suance of  this  policy,  it  was  that 
the  South  Americans  were  for- 
bidden to  work  their  own  iron 
ore,  lest  ihey  should  injure  the 
miners  of  Biscay ;  to  cultivate  the 
grape  or  the  olive,  so  as  to  com- 
pete with  the  cultivators  of  Anda- 
lusia or  Catalonia ;  or  to  establish 
manufactures,  which  might  affect 
the   silk  weavers   of  Seville  or 
Granada.    In  accordance  with  the 
same  system,  Spain  endeavored 
to  secure  to  herself  a  commercial 
monopoly  of  importation  and  ex- 
portation throughout  all  her  vast 
possessions  in  America;  and  it 
was  this  feature   of  her  policy, 
which,  tyrannical  at  any  and  every 


COLOMBIA. 


129 


period,  had  in  later  times  proved 
absolutely  insupportable.  Rich, 
powerful,  and  productive  nations, 
like  France  and  England,  might 
plausibly  undertake  to  hold  in 
their  own  hands  the  entire  com- 
merce of  their  colonies  in  Ameri- 
ca. But  for  Spain  to  attempt  this 
in  the  nineteenth  century,  when 
she  had  not  manufactures  for  the 
supply  of  her  colonies,  her  popu- 
lation to  consume  their  products, 
nor  marine  to  transport  either, — 
was  madness  in  itself,  and  pro- 
duced a  forced  condition  of  things 
incapable  of  lasting  continuance, 
even  in  time  of  peace.  And  at 
every  conflict  of  the  great  powers 
in  Europe,  Spain  was  absolutely 
driven  from  the  ocean,  and  was 
wholly  incapable  of  transacting 
the  commerce  of  America.  Thus 
it  was  that  Spanish  America  ac- 
quired the  habit  of  supplying  her- 
self with  necessaries  by  contra- 
band trade,  paying  the  cost  in 
precious  metals,  while  the  pro- 
ductions of  her  soil  perished  for 
want  of  a  market,  and  every  arti- 
cle of  foreign  manufacture  was 
obtained  only  at  the  most  ex-hor- ' 
bitant  price.  And  this  cause  of 
discontent  was  the  most  active 
and  efficacious  of  all,  because  it 
came  home  to  the  business  and 
bosoms  of  every  man  alike,  wheth- 
er rich  or  poor,  while  the  other 
considerations  acted  rather  upon 
the  upper  classes. 

Finally,  among  intelligent  men, 
nothing  had  more  influence  in 
bringing  on  a  revolution  than  the 
example  of  the  United  States. 
They  were  allured  and  enchanted 
by  the  spectacle  of  a  new  people, 
who,  breaking  the  bonds  that 
united  them  to  England,  had  ac- 
12 


quired  a  glorious  independence  ; 
who   having    organized    a    great 
Republic,  enjoyed  the  most  per- 
fect liberty  of  which  man  is  capa- 
ble under  any  lorm  of  govern- 
ment ;  who  were  fast  augmenting 
their  wealth  and  population  under 
the  auspices  of  wise  and  benefi- 
cent  laws ;   and   who,    although 
younger  colonies  than  New  Gra- 
nada and  Venezuela,  seemed  to 
have  set  the  latter  an  example  of 
the  blessings  they  would  enjoy  by 
becoming  independent  of  Spain. 
At  the  same  time,  it  is  to  be 
considered  that  the  inhabitants  of 
South  America  were  very  imper- 
fectly prepared,  or  rather  in  the 
mass  altogether  unprepared,  for 
the  acquisition  and  enjoyment  of 
independence.    A  very  small  part 
of  the  population  had  a  clear  idea 
of  what  independence  or  liberty 
meant;  and  only  the  select  (ew 
rightly  appreciated  the  natm-e  of 
the  benefits  implied  in  the  fact  of 
separation  from  the  motlier  coun- 
try.   But  many  other  causes  con- 
spired to  put  off  the  revolution, 
and  protract  the  struggle  when  it 
had  commenced.     Among  these 
causes  were  the  extreme  sparse- 
ness  of  the  population  in  each  of 
the  great  provinces ;  their  disper- 
sion over  so  vast  a  territory,  in 
separate  governments,  possessed 
of  no  point  of  union  or  principle 
of  combination  ;  the  ignorance  of 
the  mass  of  the  native  inhabitants^ 
opposed  to  each  other  from  diver- 
sity of  color,  and  without  wisdoiii 
to  counteract  so  powerful  a  source 
of  discord;  the  habit  of  obedi- 
ence,  contracted    by  education, 
and  sedulously  fostered  by  the 
clergy  ;  the  power,  influence,  and 
watchfulness  of  the  numerous  Ea- 


ise 


ANNUAL  REGISTER,  1830^31, 


ropean  Spaniards,  who  exclusive- 
ly occupied  the  vantage  ground 
of  society,  and  employed  their 
advantages  in  repressing  intelli- 
gence and  the  spirit  of  liberty; 
the  peaceful  habits  of  the  people, 
arising  from  the  long  tranquillity 
they  had  enjoyed  under  the  au- 
thority of  the  King  of  Spain,  and 
their  studied  exclusion  ft'om  all 
means  of  acquiring  military  taste 
or  knowledge.  And  all  these 
considerations  being  combined, 
could  not  fail  to  have  the  great- 
est efficacy  in  securing  and  pro- 
longing the  power  of  the  metropo- 
lis in  the  midst  of  its  very  weak- 
ness. 

The  attentive  reader  will  re- 
mark how  opposite  was  the  state 
of  things,  indicated  by  these  facts, 
to  the  condition  of  the  English 
colonies  in  North  America,  and 
will  readily  understand  why  the 
circumstances  of  the  two  revolu- 
tions, that  of  South  and  of  North 
America,  have  differed  so  essen- 
tially. All  the  pertinacious  de- 
cisions of  the  inhabitants,  all  the 
fluctuations  in  policy,  all  the  end- 
less charges  arnong  the  revolu- 
tionary chiefs  and  rulers,  in  Co- 
lombia, have  arisen  out  of  the 
causes  which  we  have  briefly  in- 
dicated. In  the  United  States, 
on  the  contrary,  at  the  opening  of 
the  revolution,  our  population  was 
homogeneous,  enlightened,  accus- 
tomed to  the  duties  of  self  gov- 
ernment, inured  to  war,  and  bless- 
ed with  facilities  for  union  and 
organization,  which  preserved  us 
from  the  horrors  of  anarchy  and 
civil  war,  which  have  desolated 
independent  Spanish  America. 
Indeed,  the  difierence  in  the  for- 
tunes of  the  British  and  Spanish 


colonies  may  be  traced  up  to  the 
motives  which  induced,  in  either 
of  them,   to   the   emigration   of 
Europeans  to  the  New  World. 
The  love  of  liberty,  civil  and  re^ 
ligious,  a  desire  to  escape  from 
oppressive  laws  at  home,  an  un- 
conquerable aversion  to  spiritual 
and  political  tyranny,  and  a  dispo- 
sition to  incur  all  the  privations 
and  dangers  of  exile,  in  order  to 
enjoy  the  privilege  of  worshipping 
God  according  to  the  dictates  of 
conscience, — these  were  the  great 
inducements  which  peopled  the 
North   American    colonies,   and 
more  especially  New  England, 
the  cradle  of  our  independeice. 
No  such  principle  actuated  the 
Spaniards  in  their  acquisition  of 
possessions  in  America.     Their 
objects    were    exclusively    of  a 
gainful  character,  except  in  so  far 
as  anxiety  to  extend  the  Christian 
religion,  was  mingled  with  more 
interested  feelings.     No  high  en- 
thusiasm of  liberty,  no  overpow- 
ering  attachment   to  theoretical 
opinions  on  the  subject  of  govern- 
ment, entered  into  the  motives  of 
the  Spanish   colonists.     On  the 
contrary,  loyalty  in  politics,  and 
conformity  in  religion,  were  as 
decidedly  characteristic  of  them, 
as    republicanism    and    noncon- 
formity were  of  the  first  settlers  in 
the  United  States.    Hence  whilst 
in   North   America  every  great 
province  possessed  its  legislative 
body,  each  of  them  a  great  school 
of  freedom,  and  while  their  his- 
tory is  the  history  of  a  people 
gradually  marching   on   towards 
independence, — in  South  Ameri- 
ca, on  the  contrary,  after  the  bril- 
liant and  turbulent  epoch  of  the 
conquest  was  past,  each  of  the 


COLOMBIA. 


131 


great  Spanish  colonies  presents 
only  the  picture  of  the  despotism 
of  delegated  rulers,  in  whose  per- 
sons all  the  powers  of  government 
were  centered,  and  all  its  interests 
absorbed.  And  in  these  peculiar 
circumstances  of  Spanish  Ameri- 
ca, it  is  easy  to  see  how  it  was 
that  while  its  colonization  pre- 
ceded that  of  British  America  by 
more  than  a  century,  its  indepen- 
dence followed  tardily  along  in 
the  rear  of  our  more  vigorous  pro- 
gress in  freedom. 

Yet,  amid  all  the  causes  of  de- 
pendence on  the  mother  country, 
which  we  have  indicated  in  the 
condition  of  Spanish  America, 
events  were  occasionally  transpir- 
ing to  show  by  how  slender  a  bond 
of  union  the  colonies  were  attach- 
ed to  Spain.  The  very  circum- 
stances of  ignorance  and  separa- 
tion among  themselves,  which  pre- 
vented the  organization  of  any 
systematic  resistance  to  the  me- 
tropolis, led  to  the  breaking  out 
of  occasional  insurrections  of  the 
most  alarming  description.  Such 
were  the  disturbances  excited  in 
New  Granada  in  1781,  by  the 
exactions  of  Don  Juan  Gutierrez 
de  Pinerez,  a  temporary  inspector 
general  of  the  King's  revenues, 
who  drove  a  pacific  and  loyal  peo- 
ple to  raise  the  standard  of  rebel- 
lion in  one  part  of  America,  at 
the  very  time  when  the  celebrat- 
ed insurrection  of  Tupac  Amaru 
raged  in  Peru,  and  had  almost 
revived  the  ancient  empire  of  the 
Incas.  But  these  and  other  les- 
ser commotions  shook,  without 
overturning,  the  unstable  fabric 
of  the  Spanish  authority ;  and  the 
liberation  of  the  colonies  was  at 
last  precipitated  by  a  combination 


of  accidents,  which  the  colonists 
availed  themselves  of,  at  its  time, 
at  last,  but  with  litde  promptitude, 
and  less  discretion.  In  giving  an 
account  of  incidents  in  question, 
we  shall  confine  ourselves  to  the 
provinces,  which  afterwards  united 
to  form  the  Republic  of  Colom- 
bia. 

Projects  of  independence  ap- 
pear to  have  been  first  entertained 
contemporaneously  in  Venezuela 
and  New  Granada,  but  without 
any  concert  among  the  inhabit- 
ants of  the  two  governments.  In 
1 794,  New  Granada  was  agitated 
by  the  discovery  of  a  kind  of 
patriotic  society  in  Bogota,  of 
which  Don  Antonio  Narino,  Don 
Francisco  Anloi>io  Zea,  and  oth- 
ers whose  names  have  since  been 
distinguished  in  the  Colombian 
revolution,  were  prominent  mem- 
bers,— and  in  consequence  of 
which,  they  sustained  a  long  po- 
litical persecution,  which  only 
served  to  embitter  them  against 
the  authority  of  Spain.  In  1797, 
a  conspiracy,  headed  by  Don 
Manuel  Gual,  and  having  for  its 
object  the  independence  of  the 
country,  was  also  detected  and 
crushed  in  Venezuela.  The  indi- 
viduals implicated  on  both  occa- 
sions were  Americans  of  standing, 
intelligence,  and  patriotism,  whose 
movements  indicated  the  under 
current  of  liberal  feeling,  which 
the  despotism  of  the  government 
was  endeavoring  to  conceal  from 
public  view. 

These  were  purely  domestic 
efforts.  But  meanwhile  there  was 
an  American  abroad,  Don  Fran- 
cisco de  Miranda,  a  native  of 
Caracas,  who,  having  served  in 
the  United  States  during  our  war 


132 


ANNUAL  REGISTER,  1830—31. 


of  revolution,  had  imbibed  the  love 
of  freedom  in  that  great  school  of 
patriotism,  and  who  ever  since, 
■whilst  leading  an  uncertain  life  of 
travel  and  adventure  in  Europe, 
had,  as  it  were,  dedicated  himself 
to  the  task  of  accomplishing  the 
independence  of  Spanish  Ameri- 
ca. His  enthusiasm  in  the  cause 
he  had  embraced,  his  intelligent 
and  chivalrous  character,  and  the 
manifest  practicability  of  his  views, 
imparted  a  degree  of  notice  and 
importance  to  his  person,  which, 
as  a  mere  lieutenant  colonel  in 
ihe  Spanish  service,  he  could 
never  have  gained.  The  circum- 
stances of  tl.e  times  were  pecu- 
liarly favorable  to  the  prosecution 
of  his  object.  The  French  revo- 
lution has  completely  broken  up 
all  the  ancient  European  alliance, 
and  sent  abroad  a  spirit  of  liberty 
and  of  enterprise,  which  encour- 
'  aged  the  boldest  and  highest,  as 
well  as  the  most  chimerical  at- 
tempts. Miranda  was  counte- 
nanced and  protected  by  the  Em- 
press Catherine  of  Russia.  He 
was  invited  to  enter  the  service 
of  the  French  Rej)ublic,  and  per- 
formed active  and  distinguished 
services  in  the  army  of  Dumou- 
rier,  which  overrun  the  Nether- 
lands. 

It  w^as  by  the  assistance  of 
France  that  he  hoped  to  rev- 
olutionize his  own  country,  ^nd 
die  republican  leaders  seriously 
entertained  the  idea  of  an  expe- 
dition against  America.  Failing 
in  Paris,  however,  Miranda  re- 
paired to  London,  where  he  spent 
several  years,  continually  encour- 
aged by  the  English  ministers, 
who  saw  that  by  the  liberation 
of  Spanish  America  infinite  ad- 
vantage  must  accrue  to   British 


commerce,  and  who  were  pre- 
vented from  fitting  out  an  expe- 
dition to  Venezuela  only  by  the 
necessity  of  conforming  them- 
selves to  the  shifting  combina- 
tions of  policy  in  Europe.  In- 
deed, the  temporary  occupation 
of  Montevideo  and  Buenos  Ayres 
by  the  English  in  1804,  showed 
the  hearty  good  will  of  Great 
Britain  to  the  cause  of  South 
American  independence,  although 
her  agents  suffered  a  rapacity  of 
spirit  to  manifest  itself  on  that 
occasion,  which  destroyed  all  con- 
fidence in  the  purity  of  her  mo- 
tives. 

Weary,  at  length,  of  repeated 
disappointments  in  England,  Mi- 
randa came  to  the  LTnited  States, 
and  failing  to  secure  the  co-opera- 
tion of  the  government  in  his  en- 
terprise, undertook  to  fit  out  a 
small  expedition,  with  merely  pri- 
vate resources.  He  procured  the 
ship  Leander  to  be  manned  and 
fitted  out  at  New  York,  and 
to  proceed  to  San  Domingo  to  be 
joined  by  the  ship  Emperor. 
But  after  the  sailing  of  the  Lean- 
der, the  government  of  the  United 
States  which  had  thus  far  winked 
at,  if  it  did  not  expressly  counte- 
nance, the  expedition,  ordered 
the  prosecution  of  two  of  the 
friends  of  Miranda.  The  accused 
parties  were  acquitted,  but  their 
prosecution  prevented  the  masters 
of  the  Emperor  from  joining  in 
the  enterprise,  and  Miranda  was 
compelled  to  proceed  with  two 
small  schooners  instead,  while  the 
legal  proceedings  had  given  time 
and  information  to  the  Spanish 
aiuhorities  in  Venezuela.  The 
consequence  was,  that  although 
Miranda  was  furnished  with  some 
sloops  and  gun  boats  by  the  En- 


COLOMBIA. 


133 


glish  Admiral  in  the  West  Indies, 
and  effected  a  landing;  with  his 
little  army  of  five  hundred  vol- 
unteers at  a  place  called  La  Vela 
de  Coro  on  the  coast  of  Venezula, 
in  August  1806,  yet  failing  of  any- 
valuable  support  from  the  English, 
he  was  compelled  to  evacuate 
Coro,  which  he  had  taken,  and 
retire  to  Trinidad,  without  accom- 
plishing any  of  the  objects  of  the 
expedition. 

But  the  independence  of  Amer- 
ica was  about  to  be  wrought  by 
the  incidental  operation  of  events 
in  another  hemisphere,  which  were 
destined  to  place  Miranda  for  a 
time    in   the  situation   to   which 
he  had    so  long   aspired.     An- 
other Charlemagne  had  arisen  in 
France,  the  favorite  of  victory  and 
fortune,  who  needed  only  the  pos- 
session of  Spain  and  Portugal  to 
be  supreme  in  Western  Europe, 
and  whose  invasion  of  the  Pen- 
insula gave  liberty  to  the  Spanish 
Colonies.    Spain  was  at  that  time 
governed  by  die  weak  and  inca- 
pable Charles  IV,  or  rather  by 
Du  Manuel  de  Godoy,  the  un- 
principled favorite  of  the  shame- 
Jess  queen  Maria  Louisa.     This 
profligate  woman  persecuted  her 
own  son  Ferdinand,  the  heir  of 
the  crown,   in   order   to  gratify 
Godby ;  and  the  domestic  diffe- 
rence thus  introduced   into   the 
royal   family   of  Spain   enabled 
Napoleon  to  render  them  all  his 
victims  alike.     His  influence  was 
already   irresistible  in  the  royal 
councils ;  for  a  sense  of  her  own 
weakness,  and  a  natural  appre- 
hension  of  the  great  conqueror 
had  rendered  Spain  entirely  sub- 
servient to  the  views  of  France. 
Anxious  to  free  himself  from  the 
domestic  tyranny  under  which  he 


suffered,  Ferdinand  wrote  a  let- 
ter to  Napoleon  seeking  a  mem- 
ber of  the  Bonaparte  family  in 
marriage,  so  as  to  strengthen 
himself  against  the  power  of  Go- 
doy. (October,  1807.)  This  let- 
ter came  to  the  knowledge  of  the 
king,  and  made  Charles  as  well 
as  Godoy  and  the  Queen,  the 
bitter  enemies  of  Ferdinand. 

Meanwhile  a  treaty  was  conclud- 
ed   at    Fontdinebleau    between 
Charles  and  Napoleon  for  the  par- 
tition of  Portugal  between  France 
and  Spain,  a  principality  being  cre- 
ated in  the  Algarves  for  Godoy. 
Such  was  the  tenor  and  such  the 
ostensible  object  of  the  treaty,  but 
the  real  object  was  to  effect  the  in- 
troduction of  a  large  b9dy  of  French 
troops  into  Spain.     An  army  un- 
der the  command  of  Junot,  march- 
ed on  Lisbon,  and  another  French 
army  proceeding  in  the  high  road 
towards  Madrid  spread  itself  over 
the  provinces,  while  the  fortresses 
of  San  Sebastian,  Pamplona,  Fo- 
queras  and  Barcelona  were  also 
placed  in  the  hands  of  the  French. 
These  proceedings  filled  all  Spain 
with  consternation,  and  the  gov- 
ernment   alone     seemed   totally 
blind  to  what  was  in  train.     But 
having  attained  thus  much  peace- 
ably.  Napoleon   now  threw   ofi 
the  mask,  and  caused  Charles  to 
be  notified  that  the  interests  of 
France  required  the  annexation 
to   his   empire   of    the   Spanish 
provinces  between  the  Pyrenees 
and  the  river  Ebro,  in  compen- 
sation  for  which   the  whole   of 
Portugal    would   be   yielded  up 
to  Spain.  (Feb.  1808.)     Aston- 
ished as  they  were  by  the  unjust 
demand,    Godoy    and    Charles 
saw  no  remedy  but  in  submission  ; 
and  foreseeing  their  ruin  in  pre- 


134 


ANNUAL  REGISTER,  1830—31. 


paratlon  they  began  to  think  of 
imitating  the  example  of  the 
king  of  Portugal,  and  transfer- 
ring the  seat  of  monarchy  to 
America. 

Had  their  design  been  carried 
into  eflect,  it  is  impossible  to  say 
what  might  have  been  the  effect 
of  such  a  movement  upon  the 
condition  of  America.  The  prev- 
alent sentiment  in  the  colonies 
then  and  long  afterwards  was  that 
of  loyalty  to  the  Crown,  as  will 
clearly  appear  in  the  sequel. 
But  it  was  otherwise  decreed; 
for  Ferdinand,  who  was  unwilling 
to  leave  Spain,  gave  one  of  the 
guards  some  intimation  of  what 
w-as  in  contemplation,  on  the  very 
day  Vvhen  the  royal  family  in- 
tended to  depart  from  Aranjuez. 
The  immediate  consequence  was 
a  violent  popular  commotion,  in 
whiph  Godoy  narrowly  escaped 
being  torn  in  pieces  by  the  populace 
enraged  at  the  prospect  of  being 
abandoned  by  their  princes ;  and 
the  terrified  Charles  abdicated 
his  crown  in  favor  of  the  Prince 
of  Astujias,  who  was  joyfully 
recognised  as  king  by  the  Span- 
iards, disgusted  with  the  misrule 
of  Gcdoy  (March  1808.) 

Intelligence  of  these  extraor- 
dinary events  being  immediately 
sent  to  Joaquim  Murat,  who  com- 
manded all  the  French  forces  in 
Spain,  and  whose  head  quarters 
were  then  at  Aranda  de  Duero. 
He  hastened  his  miarch  to  Mad- 
rid, and  entered  the  capital  with 
}iis  troops,  observing  a  cautious 
policy  in  regard  to  Ferdinand, 
neither  admitting  nor  denying  his 
right  to  the  crown,  but  referring 
every  thing  to  the  decision  of 
Kapoleon.  Hereupon  Ferdinand 
despatched  letters  to  the  Empe- 


ror soliciting  his  support,  and 
again  seeking  an  alliance  with 
his  family ;  while  Charles,  on  the 
other  hand,  sent  a  protest  against 
his  abdication  as  having  been 
forced  from  him  by  apprehensions 
for  the  personal  safety  of  himself 
and  the  Queen.  All  eyes  were 
therefore  anxiously  turned  towards 
Napoleon,  who  had  announced 
his  intention  of  coming  to  Mad- 
rid himself  for  the  purpose  of  set- 
tling the  affairs  of  Spain.  By 
anxious  desires  Ferdinand  was 
trained  on  from  one  false  step  to 
another,  until  he  left  Madrid  to 
meet  Napoleon  on  his  v.T.y,  and 
proceeded  to  Burgcs,  and  from 
Burgos  to  Victoria,  until  at  last 
he  was  induced  to  cross  the 
frontiers  and  to  meet  the  Em- 
peror in  Bayonne.  Charles  and 
Maria  Louisa  with  Godoy  soon 
followed ;  and  the  other  mem- 
bers of  the  royal  family  having 
also  been  drawn  into  the  snare, 
they  were  all  in  the  hands  of 
Napoleon.  The  abdication  at 
Aranjuez  was  declared  to  be  null 
and  void ;  Charles  resigned  his 
crown  anew  to  Napoleon  ;  and 
Ferdinand  with  the  other  princes 
of  the  blood  royal,  confirmicd  the 
cession  made  by  the  king  their 
father :  whereupon  Joseph  Bon- 
aparte was  called  from  Naples  to 
become  king  of  Spain  and  the 
Indies.  (June  1808.) 

Such  were  the  events  of  Bay- 
onne, so  disastrous  in  their  con- 
sequences to  the  Spanish  monar- 
chy. For  disturbances  had  mean- 
while broken  out  in  Madrid  or 
rather  a  battle  had  been  fought 
between  the  French  troops  and 
the  citizens,  who  were  indignant 
witnesses  of  the  series  of  unprin- 
cipled acts  by  which  the  effectu- 


COLOMBIA. 


135 


al  government  of  the  country 
had  been  given  up  to  the  French. 
All  Spain  was  ready  to  fly  to 
arms ;  and  ere  Joseph  had  well 
entered  upon  the  enjoyment  of 
his  new  dignity,  rebellion  per- 
vaded the  nation.  He.  was  ac- 
knowledged, it  is  true,  in  Madrid, 
and  wherever  the  French  had 
control  of  affairs  by  their  pres- 
ence ;  but  every  where  else  Jun- 
tas, or  Committees  of  govern- 
ment, were  establishad  in  the 
provinces,  which  commenced  a 
desperate  war  against  their  French 
invader  in  favor  of  the  title  of 
the  absent  Ferdinand. 

It  is  impossible  to  doubt  that  if 
Napoleon  had  succeeded  in  estab- 
lishing his  authority  in  Spain,  it 
would  have  redounded  to  the  per- 
manent advantage  of  the  whole 
country,  than  which  none  ever 
stood  in  greater  need  of  a  radical 
change  in  its  whole  internal  or- 
ganization. He  was  a  usurper, 
and  the  feelings  of  patriotism, 
which  led  the  Spaniards  to  oppose 
him,  were  high  and  honorable ; 
but  they  were  mistaken  feelings, 
and  led  the  nation  into  a  sanguin- 
ary struggle,  which  only  plunged 
it  deeper  in  woe.  They  fought 
in  opposition  to  a  prince  who 
would  have  broken  up  the  vicious 
system  of  domestic  misrule,  which 
has  reduced  Spain  to  the  rank  of 
a  second  rate  power  ;  and  they 
fought  to  maintain  a  dynasty  which 
was  destitute  of  a  single  claim  to 
their  loyalty  or  respect.  The  in- 
terposition of  the  English,  by  ena- 
bling Spain  to  expel  the  French, 
has  only  served  to  consign  many 
of  her  best  men  to  exile  or  death, 
and  to  bind  the  fetters  of  despot- 
ism more  inseparably  around  a 
gallant  but  unfortunate  people. 


Among  the  various  Juntas 
which  sprung  up  to  exercise  the 
functions  of  government  at  this 
time,  that  of  Seville  was  the  most 
conspicuous,  assuming  indeed  the 
title  of  Supreme  Junta  of  Spain 
and  the  Indies.  ^  This  Junta  dis- 
patched messengers  to  the  va- 
rious governments  of  Spanish 
America,  claiming  their  obedi- 
ence and  demanding  pecuniary 
aid.  Owing  to  the  existence  of 
war  between  England  and  Spain, 
the  colonies  were  without  authen- 
tic information  of  the  progress  of 
affairs  at  home.  News  of  the 
abdications  of  Bgyonne,  the  con- 
sequent insurrection  of  all  Spain, 
the  establishment  of  juntas  of  gov- 
ernment, the  armistice  with  Eng- 
land, and  the  first  successes  of  the 
Spanish  arms  at  Baylen — all  came 
upon  the  colonists  with  the  sud- 
denness and  accumulated  force 
of  a  clap  of  thunder.  Meanwhile 
messengers  also  arrived  from 
Bayonne,  claiming  the  allegiance 
of  the  colonies  for  the  dynasty  of 
Napoleon.  And  in  the  course  of 
a  few  months  the  formation  of  a 
Central  Junta  in  Madrid,  was  an- 
nounced, which  assumed  to  be  the 
true  and  genuine  depositary  of 
the  functions  of  government. — 
Distracted  by  these  various  claims 
on  their  obedience,  the  rulers 
and  the  people  in  America  were 
equally  embarrassed  to  decide 
what  line  of  action  to  adopt.  At 
the  present  day,  it  seems  unac- 
countable that  the  Americans  did 
not,  one  and  all,  instantly  assert 
their  independence ;  for  never 
before  nor  since  was  there  so  fa- 
vorable an  opportunity  for  secur- 
ing the  peaceful  emancipation  of 
the  New  World.  But  instead  of 
this,  a  kind  of  infatuation  of  at 


136 


ANNUAL  REGISTER,  1830—31. 


tachment  to  the  person  of  Ferdi- 
nand seemed  to  have  taken  uni- 
versal possession  of  the  minds  of 
the  people  ;  while  the  viceroys, 
and  captains  general,  and  other 
Spaniards  in  high  authority,  were 
generally  disposed  to  recognise 
the  title  of  Joseph.  But  a  long 
period  of  doubt,  division,  and  un- 
certainty elapsed,  during  which 
the  country  was  exhausted  by 
enormous  contributions  of  money 
for  the  use  of  Spain,  and  the  pre- 
cious moments  of  decisive  action 
had  glided  by  unheeded. 

At  length  the  more  intelligent 
Americans  began  to  regard  the 
situation  of  their  country  in  its 
true  aspect.  It  was  then  univer- 
sally believed  that  Spain  must  in- 
evitably succumb  to  the  gigantic 
power  of  Napoleon,  as  Italy,  Ger- 
many, and  the  Netherlands  had 
done  already.  The  European 
Spaniards  constantly  maintained 
that  America  should  peaceably 
compose  herself  to  the  fate  of  the 
Peninsula;  but  the  Americans, 
who  had  originally  proclaimed 
Ferdinand  in  the  enthusiasm  of 
the  moment,  were  far  from  admit- 
ting that  they  were  under  obliga- 
tions to  obey  whatever  conqueror 
should  possess  himself  of  Spain. 
They  secretly  contemplated  the 
organization  of  provisional  juntas 
of  government,  in  imitation  of  the 
proceedings  in  Spain,  as  equally 
their  rights,  quite  as  much  as  that 
of  Asturias  or  Andalusia. 

Of  the  Colombian  provinces, 
Quito  was  the  first  to  attempt 
availing  herself  of  the  advantage 
afforded  by  circumstances.  On 
the  tenth  of  August,  1809,  the 
patriots  of  Quito,  having  privately 
taken  these  measures,  arrested  the 
President  of  the  Audiencia,  the 


Conde  Ruiz  de  Castilla,  and  es- 
tablished a  Junta,  intended  for 
Quito,  Guayaquil,  Popoyan,  and 
Panama ;  the  several  Colombian 
provinces  in  the  Pacific.  This 
Junta  was  speedily  put  down  by 
the  intervention  of  the  viceroys 
Abascal,  of  Peru,  and  Amar,  of 
New  Granada ;  but  the  example 
was  not  lost  in  Bogota  and  Car- 
acas. Various  projects  had  been 
attempted  in  Spain  to  prevent  the 
occurrence  of  an  event,  which 
everybody  saw  was  imminent. — 
The  Central  Junta  invited  the 
Americans  to  send  deputies  to 
that  body,  in  order  to  identify 
their  interests  ;  but  actuated  by 
a  short-sighted  policy,  failed  to 
make  the  proposal  palatable  in 
America,  by  adopting  a  singular 
inequality  of  representation. — 
Only  one  delegate  was  assigned 
to  the  great  population  of  Mexico, 
whilst  every  little  province  in 
Spain  was  entitled ;  and  Spain 
was  entitled  to  thirty-two  dele- 
gates, while  only  nine  were  as- 
signed to  the  whole  of  America. 
No  such  imperfect  measure  of 
justice  could  ward  off  the  dreaded 
crisis;  for  everything  was  now 
ripe  for  insurrection.  On  the 
19th  of  April,  1810,  the  muni- 
cipality and  inhabitants  of  Car- 
racas  deposed  the  Spanish  author- 
ities, and  constituted  a  Supreme 
Junta,  professing  to  maintain  the 
authority  of  Ferdinand.  Similar 
proceedings  were  had  in  Bogota 
on  the  20th  of  July,  1810 ;  and 
the  example  of  the  two  capitals 
was  followed  in  the  various  prov- 
inces of  New  Granada  and  Ven- 
ezuela. These  two  events  form 
the  commencement  of  the  revolu- 
tion of  Colombia. 


CHAPTER    VI 


GERMANY. 

Importance  of  Germany. — Fall  of  the  Western  Empire,  and  its 
revival  under  Charlemagne, — Electors. — Constitution  of  the 
Holy  Roman  Empire, — Diet  of  the  Empire. — French  Revolu- 
tion.— Dissolution  of  the  German  Empire. — Co7 federation  of 
the  Rhine — its  Dissolution. —  Congress  of  Vienna. — Mediatised 
Princes. — Deliherations  respecting  the  reconstruction  of  the  Ger- 
man Empire — as  to  Saxony. — New  Confederacy — its  Objects. — 
Provisions  of  the  Act  of  Confederacy. — Diet  at  Frankfort. — 
General  and  Ordinary  Assembly. — Powers  of  the  Members  of 
the  Diet. — Deliberations  of  the  Diet. — Federal  Army. — Inter- 
nal Navigation. — Tariffs. —  Commercial  Conventions. — Litera- 
ture.—  Copy-rights. — Liberty  of  the  Press. — Patriotic  Associa- 
tions.— Central  Commission  at  Mentz. —  Conutitutions  of  Saxe- 
Weimar,  Bavaria,  Wurtemberg,  Hanover,  Baden,  Nassau,  Prus- 
sia, Austria,  fyc. —  (Quarrel  of  the  Duke  of  Brunswick  with 
George  IV. — Decision  of  the  Diet. — Revolution  in  Brunswick. — 
Commotions  in  Saxony,  Hesse  Cassel,  fyc. 


In  our  annual  retrospects  of 
the  affairs  of  the  world,  we  have 
not  always  deemed  it  necessary 
to  devote  a  separate  chapter  to 
each  of  the  European  States.  We 
fear,  however,  that  Germany, 
which,  from  its  population  and 
geographical  extent,  as  well  as 
from  the  influence  of  some  of  the 
kingdoms  comprised  under  that 
general  name,  and  the  high  intel- 
lectual attainments  of  the  inhabit- 
ant, ranks  among  the  most  impor- 
tant divisions  of  the  earth,  has 
heretofore  scarcely  received  at 
our  hands  the  attention,  to  which 
it  is  entitled.  But,  so  connected 
are  all  the  great  powers  of  Chris- 
tendom, that  ^it  is  impossible  to 


write  a  summary  of  die  transac- 
tions of  England  and  France, 
without  referring  to  the  parts 
enacted  by  Austria  and  Russia  in 
the  great  political  drama ;  while 
the  constitutional  systems  of  the 
several  minor  principalities,  with 
the  modifications  which  their  insti- 
tutions are  undergoing,  may  be 
better  explained  by  discussing 
them  together,  than  by  a  few  brief 
paragraphs  on  individual  States 
in  each  successive  volume. 

The  name  of  Germany  has,  in 
different  ages,  been  applied  to 
districts  of  country  of  very  une- 
qual extent.  It  anciently,  besides 
embracing  the  regions  now  known 
by  that  appellation,  included  the 


138 


ANNUAL  REGISTER,  1830—31 


northern  part  of  France,  the 
Netherlands,  Holland,  Denmark, 
Poland,  Hungary,  part  of  Turkey 
in  Europe,  and  Muscovy.  The 
Southern  Germans  were  inter- 
mixed with  the  Gauls,  while  the 
Northern  were  blended  with  the 
Scythians. 

With  the  success  of  the  He- 
ruli  under  Odoacer,  in  the  fifth 
century,  terminated  the  Western 
Empire  of  the  Romans.  These 
barbarians  were,  however,  in  turn, 
subjugated  by  the  Ostrogoths, 
who  themselves  yielded  to  Jus- 
tinian, by  whom  Italy  was  annex- 
ed to  the  Eastern  Empire.  The 
subsequent  wars  between  the 
Lombards  and  the  Popes,  who 
had  assumed  temporal  as  well  as 
spiritual  authority,  induced  the 
latter  to  invoke  the  aid  of  Char- 
lemagne, King  of  France.  This 
prince,  having  conquered  both 
Italy  and  Germany,  was  crowned 
Emperor  of  the  West  in  the  year 
800  ;  and  we  have  here  the  resus- 
citation of  that  dignity,  which, 
until  all  ancient  institutions  bowed 
before  the  genius  of  Napoleon, 
gave  to  the  sovereigns  of  Ger- 
many a  pre-eminence  among  the 
princes  of  the  earth.  After  the 
posterity  of  Charlemagne  had 
filled  the  imperial  throne  for 
eighty  years,  the  empire  became 
elective,  in  the  person  of  the 
King  of  Bohemia,  from  whom  it 
passed  successively  to  the  houses 
of  Saxony,  Franconia  and  Sua- 
bia  ;  but,  in  1440,  Frederic, 
Duke  of  Austria,  was  chosen 
Emperor,  and  the  office  contin- 
ued in  the  male  line  of  his  family 
for  three  hundred  years. 

The  course  of  events,  as  re- 
spected the  feudal  nobles,  differed 


widely  in  Germany  and  in  other 
parts  of  Europe.  In  most  coun- 
tries the  barons  gradually  yielded 
to  the  increased  power  of  the 
sovereign,  or  to  tlie  influence  of 
the  commons,  whom  the  progress 
of  civilization  and  the  diffusion  of 
knowledge  advanced  to  impor- 
tance, but,  in  Germany,  the  princes 
encroached  constantly  on  the  pre- 
rogatives of  the  emperor;  and, 
except  in  a  few/ree  towns,  where 
the  burghers  held  the  position 
maintained  elsewhere  by  the  no- 
bles, the  mass  of  the  population 
were  reckoned  of  no  account. 

The  capitulation,  formed  on 
the  death  of  Maximilian,  the  pre- 
decessor of  Charles  V.,  and  to 
preserve  which  all  subsequent 
emperors  were  before  their  coro- 
nation sworn,  was  deemed  the 
magna  charta  of  the  German 
princes,  while  the  electoral  union, 
confirmed  by  the  golden  rule  of 
Charles  IV.,  gave  to  seven  elect- 
ors,* (to  whom  tvvoothersj-  were 
afterwards  added),  the  choice  of 
the  chief  of  the  empire. 

To  the  emperor  high  honorary 
distinctions  were  accorded,  but 
there  was  very  little  real  power 
connected  with  his  office.  It  was, 
however,  deemed  requisite  to  ob- 
tain his  assent  to  die  assumption 
of  a  new  title,  and  when  in  1688 
the  elector  of  Brandenberg  be- 
came King  of  Prussia,  his  royal 
rank  was  only  acknowledged  on 
specific  conditions.     But  though 

*  The  King  of  Bohemia,  the  Duke  of 
Saxony,  the  Margrave  of  Brandenberg, 
the  Count  Palatine  of  the  Rliine,  and 
the  Archbishops  of  Mentz,  Treves,  and 
Cologne. 

t  The  Duke  of  Bavaria  and  the  Duke 
of  Brunswick — Lunenburg,  the  ancestor 
of  the  present  Royal  Family  of  England. 


GERMANY. 


139 


the  Emperor,  was  the  head  of 
the  Germanic  body,  and,  for  of- 
fences against  him  as  such,  any 
of  the  members  might  be  pun- 
ished and  put  under  the  ban  of 
the  empire  ;  yet  the  subordi- 
nate princes  might  constitution- 
ally wage  war  against  him,  on 
account  of  his  possessions  uncon- 
nected with  the  imperial  dignity. 
Indeed,  notwithstanding  the  juris- 
diction of  the  Aulic  Council  and 
Imperial  Chamber,  and  the  amen- 
ability of  all  the  princes  of 
Germany  to  the  Diet  of  the  Em- 
pire, the  annals  of  Europe  are 
replete  with  bloody  contests,  car- 
ried on  by  the  different  States 
among  themselv^es  or  against  their 
acknowledged  chief. 

It  was  not  in  the  person  of  the 
emperor,  that  the  Germanic  Con- 
federacy was  alone  known  to  the 
world.  While  the  several  States 
also  conducted  negotiations  with 
foreign  princes,  and  waged  wars 
on  their  own  authority,  most  of 
the  powers  of  Europe  were  rep- 
resented by  public  ministers  at 
Ratisbon — the  seat  of  the  Diet. 
In  this  assembly,  which  was  com- 
posed of  the  three  colleges  of 
Electors,  Princes  and  Free  Cities, 
the  legislative  power  of  the  em- 
pire resided,  and  the  acquiesence 
of  each  college,  as  well  as  of  the 
emperor,  was  required  for  all 
enactments.  The  division  of  the 
people  of  Germany  into  Protest- 
ants and  Catholics,  led,  also,  on 
the  termination  of  the  religious 
wars,  to  other  arrangements,  hav- 
ing in  view  a  guaranty  of  the 
rights  of  these  two  great  sects ; 
but  in  these  preliminary  remarks, 
we  can  only  glance  at  that  com- 


plicated system,  which  is  now 
mere  matter  of  historical  research. 
Connected  as  was  the  unfortu- 
nate queen  of  Louis  XVI,  with 
the  house  of  Austria,  and  inter- 
fering, as  did  the  powers  of  Ger- 
many from  an  early  day  in  the 
affairs  of  France,  it  could  not  be 
expected  that  the  Holy  Roman 
Empire  would  escape  the  effects 
of  a  revolution,  whose  influ- 
ence has  extended  to  every  part 
of  the  civilized  world.  As  early 
as  1797,  the  Netherlands — a  for- 
eign possession  of  Austria, — were 
annexed  to  France.  In  1801, 
the  ecclesiastical  electorates  of 
Mentz,  Treves  and  Cologne  were 
abolished.  Bishoprics  were  sec"- 
ularised  and  free  towns  disfran- 
chised to  provide  indemnities  for 
the  princes,  who  were  deprived 
of  their  possessions  on  the  left 
bank  of  the  Rhine,  and,  in  1S06, 
after  the  batde  of  Australitz,  the 
old  constitution  of  the  German 
Empire  was  totally  abrogated. 
Francis  renounced  the  title  of 
Emperor  of  Germany,  and  as- 
sumed that  of  Emperor  of  Aus- 
tria. The  sovereigns  of  Bavaria, 
Saxony  and  Wurtemberg,  were 
made  kings,  and  disconnecting 
themselves  wholly  from  Austria, 
which  had  been  humbled  by  re- 
peated defeats,  and  from  Prussia, 
which  was  stripped  in  1807  of 
half  her  possessions,  they  formed 
with  the  smaller  States  in  the 
neighborhood,  the  Confederation 
of  the  Rhine.  At  the  head  of 
this  league,  the  Emperor  Napo- 
leon placed  himself,  and  as  it  was 
established  with  an  exclusive 
view  to  his  continental  policy,  it 
was  naturally,  after  a  short  lived 


140 


ANiNUAL  REGISTER,  1830—31. 


existence  of  seven  years,  dis- 
solved, at  the  downfal  of  its  au- 
thor, in  1814. 

The  present  political  organi- 
zation of  Germany  is  to  be  traced 
to  the  Congress  of  Vienna.  It 
had,  indeed,  been  provided  by 
the  sixth  article  of  the  treaty  of 
Paris,  that  the  German  States 
should  be  independent  and  united 
by  a  federal  bond.  But,  though 
status  ante  bellum  was  always 
appealed  to  as  the  governing 
principle  of  the  Holy  Alliance  ; 
ancient  privileges  availed  but  lit- 
tle, when  put  in  competition  with 
the  establishment  of  barriers 
against  new  revolutions  or  the 
distribution  of  spoils  among  the 
leading  potentates. 

There  were  in  Germany,  be- 
fore the  French  revolution,  a  vast 
number  of  princes  and  counts, 
who  received  the  investiture  of 
their  fiefs  direct  from  the  empe- 
ror, and  enjoyed  s:)vereign  rights 
on  their  own  estates.  These 
princes  and  counts,  including  the 
free  cities,  also  mediatised  in 
1806,  possessed  a  territory  of 
450,000  square  leagues,  with 
1,200,000  inhabitants.  They  ap- 
peared at  Vienna,  under  the 
presidency  of  Prince  Metternich 
(the  father  of  the  great  minister), 
to  reclaim  the  privileges  w^iich 
they  had  lost  by  the  Confedera- 
tion of  the  Rhine ;  but,  fortu- 
nately, in  this  case,  the  interests 
of  all  the  German  sovereigns  of 
the  higher  orders,  in  whose  do- 
minions these  independent  juris- 
dictions formerly  existed,  coin- 
cided with  those  of  humanity, 
and  the  people  w'ere  spared  the 
return  of  petty  tyrants,  whose  ex- 
actions were  generally  in  the  in- 


verse ratio  of  the  number  of  their 
subjects. 

Though  strongly  urged  by  the 
minor  states  to  style  himself  a 
new  emperor  of  Germany,  Fran- 
cis preferred  solid  acquisitions  in 
Italy  and  elsewhere,  to  the  empty 
distinction  conferred  by  the  old 
imperial  tide.  He  positively  de- 
clined resuming  his  place  as  chief 
of  the  empire,  unless  there  was 
confided  to  him  a  degree  of  au- 
thority which  the  other  princes, 
particularly  the  king  of  Prussia, 
(who  viewed  himself  rather  as  a 
rival  than  as  a  subordinate  sove- 
reign), would  never  have  con- 
sented to  confer.  All  idea  of  re- 
constructing the  Holy  Roman 
Empire  was  consequently  aban- 
doned, and  the  attention  of  the 
congress  turned  to  the  adoption 
of  such  a  system,  as,  while  it  did 
not  oftend  against  the  pretensions 
of  the  two  great  powers,  might 
prevent  the  other  states  from  en- 
gaging in  intestine  wars  or  lend- 
ing aid  to  a  neighboring  kingdom 
in  its  future  contests  with  Austria  " 
and  Prussia. 

The  first  deliberations  of  the 
Plenipotentiaries  at  Vienna,  on 
German  affairs,  had  reference  to 
the  king  of  Saxony,  whose  crime 
consisted  in  his  being  the  last  of 
the  new  made  kings,  who,  in  the 
same  year,  supported  the  Empe- 
ror Napoleon.  It  was  in  vain 
that  he  appealed  to  that  old  order 
of  things,  which  was  the  basis  of 
all  the  acts  of  the  Holy  Alliance, 
— that  he  showed  that,  in  fol- 
lowing the  example  of  Wurtem- 
berg  and  Bavaria,  and  becoming 
a  member  of  the  confederation  of 
the  Rhine,  he  was  adopting  a 
course  approved  by  the  former 


GERMANY. 


141 


head  of  the  empire,  and  that,  in 
uniting  his  troops  with  those  of 
France,  he  yielded  to  irresistible 
force.  His  Saxon  majesty  was 
treated,  by  his  former  associates, 
as  the  only  traitor  to  the  Euro- 
pean commonwealth,  and  after  he 
had  been  menaced  with  the  loss 
of  his  entire  possessions,  Russia 
was  graciously  pleased  to  be  con- 
tented with  two-fifths  of  his  terri- 
tories and  one  half  of  his  sub- 
jects. 

The  Germanic  Confederacy, 
as  established  by  the  Congress  of 
Vienna,  recognised  thirty-nine^ 
States,  (now  reduced  by  the  ex- 
tinction of  the  family  of  Saxe- 

*]  Austria. 

2  Prussia. 

3  Bavaria. 

4  Saxony. 

5  Hanover. 

6  Wurtemberg. 

7  Baden. 
S  Hesse-Cassel. 
9  Hesse-Darmstadt. 

10  Denmark  (for  Holstein  and  J^auen- 

berg). 

11  Netherlands  (for  Luxemburg). 

12  Mecklenburg-Schwerin. 

13  Nassau. 

14  Saxe  Weimar. 

15  Saxe-Coburg  Gotha. 
IC  Saxe  Meiningen. 

17  Saxe-AItenberg. 

18  Brunswick. 

19  Mecklenbercr  Strelitz. 

20  Holstein-Qldenburg. 

21  Anhalt-Dessau. 

22  Anhalt-Bernburg. 

23  Anhalt-Cothen. 

24  Schwartzburg-Sondershausen. 

25  Schwartzburg-Rudolstadt. 

26  Hohenzollern  Hechingen. 

27  Lichtenstein. 

28  Hohenzollern-Sigraaringen. 

29  Waldeck. 

30  Reuss-Greitz. 

31  Reuss-Lobenstein. 

32  Schauenberg-Lippe. 

33  Lippe  Detmold. 

34  Hesse- Hamburg. 

35  Lubec. 

36  Frankfort. 

37  Bremen. 
28  Hamburg. 

13 


Gotha  to  thirty-eight),  and  their 
aggregate  population  was,  in  1814, 
upwards  of  thirty  millions.  Of 
these  States,  some  are  entirely  Ger- 
man, others  belong  to  sovereigns, 
who  also  possess  dominions,  which 
are  not  within  the  territories  of 
the  Confederacy.  Thus,  without 
referring  to  His  Britannic  Majes- 
ty, whose  ancient  hereditary  do- 
minions are  held  by  a  very  differ- 
ent title  from  his  claims  to  the 
English  throne,  the  Kings  of  the 
Netherlands  and  Denmark  were 
made  members  of  the  new  Ger- 
man league,  on  account  of  Lux- 
emburg and  Holstein.  Of  the 
twelve  millions  belonging  to  the 
King  of  Prussia,  three  are  out  of 
Germany ;  and  though  the  Empe- 
ror of  Austria  counts  upwards  of 
thirty  millions  of  subjects,  three- 
fourths  of  them  are  not  included 
within  the  bounds  of  the  Confed- 
eracy. 

The  difficulty   of  devising   a 
scheme  to  reconcile  the  conflict- 
ing pretensions  of  States,  suppos- 
ed to  be  sovereign  and  independ- 
ent, and  to  restrain  them,  without 
the  intervention  of  force,  by  a 
superior  law,  must  be  obvious  to 
every  American,    familiar   with 
those  occurrences  in  the  history 
of  our  country,  which  imperious- 
ly  required  the    substitution    of 
our  present  admirable   constitu- 
tion, to  the  imperfect  confedera- 
cy of  the  revolution.  In  addition, 
also,  to  the  usual  obstacles  to  the 
formation  of  confederacies  among 
equal  sovereigns,  there  were  oth- 
ers arising  from  the  peculiar  con- 
dition of  Germany.    Bavaria  and 
Wurtemberg  were  naturally  un- 
willing to  sink  into  the  political 
insignificance,  to  which,  controlled 


142 


ANNUAL  REGISTER,  1830 -:3 1. 


in  their  foreign  relations  and  in- 
hibited from  making  separate  alli- 
ances, they  were  destined, — whilst 
Austria,  Prussia,  the  Netherlands, 
and  Denmark,  whose  sovereigns 
participated  in  the  advantages  of 
the  league,  were  untrammelled 
in  all  essential  matters. 

The  avowed  object  of  the 
Confederacy,  as  set  forth  in  the 
act  of  1815,  and  recognised  in 
the  constitution  of  1820,  was  to 
secure  the  external  and  internal 
tranquillity  and  independence  of 
the  different  States  ;  the  respec- 
tive territoi'ies  of  which  were  also 
further  guarantied  by  the  Holy 
Alliance.  It  was  especially  pro- 
vided that  the  members  of  the 
Confederacy  should  not  make 
war  on  one  anodier,  that  in  case 
of  an  attack  from  abroad  no 
State  should  make  a  separate 
peace  or  truce,  and  that  they 
should  keep  on  foot  an  army,  for 
which  each  State  should  furnish 
its  contingent.  The  equality  of 
religious  sects  was  likewise  stipu- 
lated, and  it  was  further  provided 
that  the  several  principalities 
should  have  representative  con- 
stitutions, by  which  the  people 
were  to  participate  in  the  laying 
of  taxes,  making  laws,  &c.  No 
member  can  withdraw  itself  from 
the  league,  and  the  Diet  may  in- 
terfere not  only  between  princes, 
but  between  a  prince  and  his 
subjects. 

The  affairs  of  the  Confederacy 
are  managed  by  a  Diet,  which 
holds  its  sessions  at  Frankfort. 
The  assemblies  of  the  body  are 
of  two  kinds,  in  both  of  which  the 
minister  of  Austria  presides.  1st. 
The  general  assembly,  in  which 
every  State  has  at  least  one  vote ; 


Austria,  Prussia,  Bavaria,  Saxo- 
ny, Hanover*  and  Wurtemberg, 
each  four ;  Baden,  Hesse-Cas- 
sel,  Hesse-Darmstadt,  Holstein 
and  Luxemburg,  three;  Bruns- 
wickjMecklenberg-Schwerin  and 
Nassau,  each  two.  In  all  pro- 
ceedings relating  to  religion  and 
the  admission  of  new  members, 
unanimity  is  required,  and  in  oth- 
ers two-thirds  of  the  votes.  2d. 
The  ordinary  assembly,  in  which 
there  are  but  seventeen  votes,  of 
these  Austria,  the  five  kingdoms, 
Hesse-Cassel,  Hesse-Darmstadt, 
Holstein,  and  Luxemburg  have 
each  one,  and  the  others  are  col- 
lective votes  of  the  minor  States. 
The  ordinary  assembly  proposes 
measures  to  the  general  assembly 
and  executes  its  decrees.  A  ma- 
jority of  nine  decides  all  ques- 
tions. 

As  the  Confederacy  is  an  as- 
sociation of  the  princes,  and  not 
of  the  people  of  the  different 
States,  the  members  of  the  Diet 
are  not  deputies,  but  ministers 
plenipotentiary,  who  are  com- 
pelled to  consult  their  constitu- 
ents, before  coming  to  any  final 
decision.  The  subjects,  which 
have  occupied  their  principal  at- 
tention during  the  last  fifteen 
years,  have  been  the  organization 
of  the  federal  army,  the  free 
navigation  of  the  rivers,  the  com- 
mercial intercourse  between  the 
States  generally,  and  the  suppres- 
sion of  liberal  or  revolutionary 
doctrines. 

After  several  years  discussion, 

*  The  title  of  the  king  of  Hanover 
was  first  assumed,  after  the  downfall  of 
Napoleon,  to  put  the  sovereign  of  that 
country  on  an  equality  with  those  of  Ba- 
varia, Saxony  and  Wurtemberg. 


GERMANY. 


143 


the  regulations  for  the  army  of 
the  Confederacy  were  finally 
adopted  on  the  17th  April,  1821. 
One  man  for  every  hundred  in- 
habitants is  the  contingent,  which 
each  State  has  to  furnish,  and 
consequently  the  standing  army 
exceeds  300,000  men.  One  half 
of  one  per  cent  of  the  whole  pop- 
ulation is  also  set  apart  as  a  re- 
serve. The  contingent  of  each 
power  must  always  be  kept  in 
readiness,  but  to  the  Diet  belongs 
the  authority  of  determining  what 
portion  of  the  army  is  to  be  call- 
ed into  service.  The  command- 
er-in-chief is  named  by  the  Diet, 
to  whom  he  takes  an  oath  of 
fidelity,  and  many  of  the  princi- 
pal fortresses  of  the  States  of  the 
Confederacy  are  garrisoned  by 
portions  of  the  federal  army. 

By  the  Congress  of  Vienna, 
the  liberty  of  internal  navigation 
was  adopted  as  a  principle,  and 
provisions  were  made  for  secur- 
ing, to  the  subjects  of  the  several 
powers  bordering  on  the  rivers, 
their  free  use  to  the  sea,  on  the 
payment  of  moderate  tolls.  One 
of  the  earliest  cases,  in  which  the 
interposition  of  the  Diet  was  in- 
voked, was  an  attempt  made  in 
1821  by  Prussia,  to  impose  du- 
ties on  goods  passing  through  its 
dominions  on  the  Elbe,  to  and 
from  one  of  the  principalities  of 
Anhalt.  The  complaints  of  An- 
halt  were  answered  by  a  meta- 
physical effort  to  reconcile  the 
unrestricted  right  of  using  a  river 
with  the  unlimited  power  of  im- 
posing duties  on  articles  trans- 
ported on  it ;  but,  before  the  im- 
partiality of  the  assembly  of  the 
Confederacy  was  brought  to  the 
test  in  settling  a  controversy  be- 


tween one  of  the  most  important 
and  one  of  the  least  considerable 
States  subjected  to  its  jurisdic- 
tion, means  were  found  to  recon- 
cile the  disputants.  Similar  dif- 
ficulties also  arose  between  other 
neighboring  powers,  and  without 
eliciting  the  final  action  of  the 
Diet ;  but  by  far  the  most  im- 
portant controversy  of  this  nature 
in  which  the  German  States  were 
involved,  was  one  with  the  King 
of  the  Netherlands,  in  relation  to 
that  part  of  the  Rhine,  which 
passed  through  Holland.  In  this 
matter  the  sovereign  of  the  Low 
Countries  was  wholly  independ- 
ent of  the  Confederacy,  but  it  oc- 
cupied, for  many  years,,  in  con- 
nection with  the  subject  of  the 
tolls  to  be  established  on  the 
Rhine,  and  the  free  intercourse 
among  the  States,  much  of  the 
attention  of  the  Diet. 

Holland  evaded  the  article  of 
the  treaty  of  Vienna,  which 
opened  the  navigation  of  the 
Rhine  to  the  sea,  by  contending 
that,  if  the  other  powers  would 
insist  on  the  terms  of  the  treaty, 
they  must  be  content  with  the 
Rhine  proper,  which  was  neither 
the  Waal,  the  Leek,  nor  the 
Yssel,  but  a  rivulet,  which  leaves 
the  Leclc  at  Wyck,  and  passing 
by  Utrecht  and  Leyden,  loses 
itself  in  a  muddy  stream.  Hol- 
land afterwards  agreed  to  con 
sider  first  the  Leek  and  then  the 
Waal,  as  a  continuation  of  the 
Rhine ;  but  she  insisted  that  there 
was  a  distinction  between  the 
terms  *  to  the  sea'  and  '  into  the 
sea,'  and  that  the  Rhine  or  its 
continuation  terminating  at  Gor- 
cum,  the  navigation  from  thence 
was  on  an  arm  of  the  sea,  and 


144 


ANNUAL  REGISTER,  1830—31. 


consequently  not  within  the  pur- 
view of  the  treaty.     The  course 
pursued  by  the  King  of  the  Neth- 
erlands was  particularly  annoying 
to  Prussia,  on   account  of  its  in- 
terfering with  the  very  extensive 
trade  carried  on  by  the  Rhenish 
Provinces  with  the  United  States 
and   South    America.      Austria, 
also,   plainly    intimated  that  the 
freedom  of  the  navigation  of  the 
rivers  was  connected,  as  one  trans- 
action, with  the  increase  of  the 
territories  of  the  house  of  Orange. 
The  prohibition  of  transit  in  other 
than  Dutch  vessels  was  repealed, 
and  the  Germans  were  allowed  to 
navigate  the  Rhine  of  Holland  on 
the  same  terms  as  other  parts  of 
the   river ;   but  when   they   ap- 
proached the  sea,  they  continued 
to  be  subjected  to  the  export  du- 
ties ;  and  in  this  situation  matters 
rested  at  the  time  that  the  atten- 
tion of  His  Netherlands'  Majesty 
was  called  to  those  occurrences 
iK  Belgium,  which  stripped  him 
of  the  better  half  of  his  dominions. 
To  those  among  us,  who  are 
acquainted  with  the  practical   di- 
ficulty  of  adjusting  a  tariff  of  du- 
ties in  a  manner  to  conciliate  the 
diversified  interests  of  an  extend- 
ed Empire,  it  cannot  be  surpris- 
ing that  the  Diet  should  not  have 
assumed  a  task,  not  imperiously 
obligatory  on  it,  and  undertaken 
to   form   general    regulations   of 
trade  for  the  several  States  of  the 
Confederacy.      Attempts    were, 
however,  made  to  render  Ger- 
many one  country  as  to  internal 
commerce  ;  but  these  having  fail- 
ed, partial  conventions  were  en- 
tered into  by  different  States.  At 
an  early   day   several  of  them 
made  declarations,recognising  the 


importance  of  unlimited  freedom 
of  trade  among  the  members  of 
the  Confederacy,  and  of  the  great- 
est practical  facilities  in  their  inter- 
course with  foreign  nations.     It 
subsequently  became    a  favorite 
notion  with  the  politicians  of  the 
minor  powers,  to  form  a  union  for 
the  free  admission  of  all  articles 
among   themselves,  and    for  the 
exclusion  of  the  products  of  those 
countries,  which  were  not  parties 
to  the  compact.     In   1822,   Ba- 
varia,  Wurtemberg  and    Hesse- 
Darmstadt  entered  into  arrange- 
ments founded  on  this  principle, 
and   united   in   the   adoption   of 
prohibitory   duiies    with   respect 
to  France,  and  which  it  was  pro- 
posed   to    extend    to    Holland^ 
Prussia,  and  England. 
'   By  a  convention,  concluded  at 
Berlin  in  February,!  828, between 
Prussia  and  Hesse-Darmstadt,  it 
was  agreed  that  there  should  be 
entire  freedom  of  commerce  be- 
tween the  two  States,  subject  how- 
ever to  the  duties   which  should 
continue  to   be  levied   in  each, 
regard   being   had    to   their   re- 
spective systems  of  indirect  in- 
ternal imposts ;  that  there  should 
be  a  mutual  suppression   of  the 
line  of  custom-houses  upon  their 
adjoining  frontiers;   and  that  the 
Grand    Duke   should    adopt   for 
his   other   frontiers  the   tariff  of 
Prussia. 

In  the  same  year,  a  treaty 
of  commerce,  with  a  special  re- 
ference to  the  custom  houses,  was 
concluded  between  Bavaria  and 
Wurtemberg,  and  acceeded  to  by 
several  of  the  principalities  bor- 
dering on  the  two  kingdoms. 
This  treaty  provided  that  a  line 
of  custom-houses,  common  to  the 


GERMANY. 


145 


contracting  parties,  should  be  es- 
tablished, and  that  they  should 
unite  in  naming  agents  to  re- 
ceive the  duties,  the  amount  of 
which  was  to  be  provisionally  reg- 
ulated by  the  tariff  of  Bavaria. 

An  arrangement  of  a  more  ex- 
tended nature  was,  about  the  same 
time,  entered  into  between  seve- 
ral of  the  powers  of  the  north 
and  centre  of  Germany.  Their 
object  is  thus  set  forth  in  an  act 
bearing  date  the  24th  of  Septem- 
ber, 1828. 

*  The  Kingdoms  of  Hanover 
and  Saxony,  the  Electorate  of 
Hesse,  the  Grand  Dutchy  of  Saxe 
Weimar,  the  Dutchy  of  Bruns- 
wick, the  Landgrave  of  Hesse 
Hamburg,  the  Dutchies  of  Nas- 
sau, Oldenburg,  Saxe  Altenburg, 
Saxe  Coburg  Gotha,  Saxe  Mein- 
ingen,  the  Principalities  of  Reuss- 
Greitz,  Reuss-Lobenstein  Eb- 
ensdorf,  Reuss-Schleitz,  and 
Schwartzburg-Rudolstadt  and  the 
free  cities  of  Bremen  and  Frank- 
fort form  an  association,  in  or- 
der to  procure,  in  the  sense 
of  the  19th  article  of  the  act 
of  Confederation,  all  possible  lib- 
erty of  commerce,  as  well  among 
the  members  of  the  Union  as 
with  foreign  states,  and  to  es- 
tablish such  regulations,  as  that  all 
the  States  may  enjoy,  as  far  as 
their  financial  and  mercantile  re- 
lations may  permit,  their  respec- 
tive geographical  and  other  ad- 
vantages.' 

This  association  was  limited 
provisionally  to  31st  Dec.  1834, 
it  being  understood  that  the  inter- 
mediate time  should  be  employed 
in  setding  arrangements  of  a  de- 
finitive character. 
13* 


Other  special  treaties  have  also 
been  concluded  by  the  German 
powers,  of  which  the  most  im- 
portant is  the  Convention,  for 
twelve  years,  from  1st  January 
1 830,  between  the  King  of  Prus- 
sia and  the  Grand  Duke  of  Hesse 
on  the  one  side  and  the  Kings  of 
Bavaria  and  Wurtemberg  on  the 
other.  This  treaty  stipulates  for, 
1st,  the  liberty  of  reciprocally  im- 
porting all  indigenous  productions 
of  the  soil,  of  industry,  or  the 
arts,  for  the  consumption  of  the 
contracting  countries,  free,  with 
certain  special  exceptions,  from 
all  duties.  2dly,  the  liberty  of 
transit  for  all  the  productions 
and  merchandize  of  the  respec- 
tive parties,  subject  to  the  pay- 
ment of  tolls,  according  to  the 
regulations  of  the  treaty  of  Vien- 
na or  of  special  conventions. 
Preliminary  arrangements  were 
also  made  for  the  establishment  of 
a  uniform  system  of  moneys, 
weights  and  measures. 

Besides  the  adjustment  of  the 
terms  of  commercial  intercourse 
with  one  another,  those  powers 
of  Germany,  which  have  either 
continental  neighbors  or  a  mari- 
time coast,  have  entered  into  con- 
ventions to  regulate  their  trade 
with  foreign  powers.  Prussia, 
Hanover,  Oldenburg  and  the 
Hanseatic  towns  early  embraced 
the  overtures  contained  in  the 
British  acts  of  reciprocity  of 
1823-4,  and  on  29th  December, 
1829,  a  treaty  of  the  same  nature 
with  Austria  was  signed  at  Lon- 
don. The  United  States,  also, 
have  commercial  conventions 
with  Austria,  Prussia  and  the 
Hansetowns,  founded  on  the  libe- 


146 


ANNUAL  REGISTER,  1830-31, 


ral  principles,  which  have  for 
many  years  served  as  the  basis 
of  our  diplomatic  relations. 

Such  is  the  respect  paid  to 
science  and  literature  in  Germa- 
ny, that,  among  many  of  the  small- 
er princes,  there  is  as  much 
competition  as  to  the  reputation  of 
their  universities  and  the  fame  of 
iheir  learned  men,  as  there  is 
among  the  greater  powers  with  re- 
gard to  the  extent  of  their  terri- 
tory^ or  the  magnitude  of  their 
standing  armies.  The  late  Duke 
of  Saxe  Weimar,  who  had,  by  his 
enlightened  patronage  of  the  arts 
and  sciences,  obtained  for  his 
small  capital  the  designation  of 
the  modern  Athens,  could,  in  dy- 
ing, ask  no  higher  distinction  for 
his  remains,  than  that  they  should 
be  placed  between  those  of  Schil- 
ler and  the  spot  reserved  for,  and 
which  was  but  too  soon  afterwards 
occupied  by,  Goethe.  Even  roy- 
alty, not  content  with  merely  ren- 
dering honor  to  genius,  has  not 
always  been  inaccessible  to  the 
attractions  of  authorship.  The 
poems  of  King  Louis  of  Bavaria, 
which  were  published  during  the 
period  now  under  review,  have 
been  declared  by  the  cities  of 
Germany,  *  to  unite  the  taste  of 
the  ancient  with  the  enthusiasm  of 
the  modern  school.' 

Literature  is  not  in  Germany 
a  mere  matter  of  pastime  or  of 
elegant  recreation.  The  number 
of  volumes,  which  annually  issue 
from  the  press,  is  only  equalled  by 
the  research  and  industry  of  their 
authors;  p.nd  as  the  composition  of 
books  may  thus  be  fairly  deemed 
a  staple  manufacture  of  the  coun- 
try, the  subject  of  copy-rights  is 
obviously  one  of  the  deepest  inte- 


rest. Distributed,  however,  as 
the  Germans  are  into  numerous 
principalities,  speaking  the  same 
language  and  carrying  on  with  one 
another  a  constant  intercouse, 
now  relieved  from  many  ancient 
restrictions,  the  exclusive  privi- 
lege of  publishing  a  work  in  any 
one  State  could  be  gf  but  little 
comparative  importance.  To  the 
Diet  the  literati  of  Germany  had 
looked  for  adequate  protection. 
Such  a  subject,  however,  was  not 
likely  to  receive  much  attention 
from  an  assembly,  of  which  an 
Austrian  minister  was  president ; 
but,  though  disappointed  in  the 
only  quarter,  where  an  efficient 
regulation  could  be  established, 
much  has  been  done  by  individual 
sovereigns  for  the  relief  of  their 
subjects  against  piratical  booksel- 
lers. Prussia  has,  within  the 
last  two  or  three  years,  entered 
into  reciprocal  stipulations  with 
Wurtembeig,  and  their  example 
has  been  followed  by  several  of  the 
minor  powers. 

But,  though  the  Diet  were  re- 
gardless of  the  rights  of  literary 
property,  they  were  not  unmind- 
ful of  the  influence  of  the  press. 
When  the  prerogatives  of  sove- 
reigns, as  well  as  the  indepen- 
dence of  nations,  had  been  pros- 
trated before  the  triumphs  of  Na- 
poleon, kings  and  princes  con- 
ceived that  no  price  could  be  too 
high,  at  which  the  downfall  of  this 
mighty  conqueror  was  purchased. 

Among  the  efforts  resorted  to, 
appeals  were  made  to  the  patri- 
otism of  the  people  of  the  seve- 
ral States,  who  were  promised, 
as  a  compensation  for  their  servi- 
ces, such  a  participation  in  the 
future  legislation  of  their  respec- 


GERMANY. 


litr 


tlve  countries,  as  might  enable 
them  to  guaranty  for  themselves 
that  liberty,  which  they  were  to 
aid  in  achieving.  When,  how- 
ever, the  fear  of  a  foreign  foe  was 
withdrawn,  it  began  to  be  deemed 
inconvenient  to  fulfil  pledges  made 
under  different  circumstances. 
But  the  people,  accustomed  to 
discuss  public  affairs,  demanded 
the  performance  of  the  promises, 
upon  the  faith  of  which  they  had 
made  almost  superhuman  exer- 
tions. The  patriotic  societies  in 
Prussia,  as  well  as  elsewhere, 
formed  to  expel  foreign  enemies, 
were  kept  up,  in  order  to  wrest 
the  rights  of  the  people  from  their 
own  princes,  and  the  universities 
and  learned  men  were  generally 
enlisted  on  the  same  side.  But 
unfortunately  the  fanaticism  of 
the  murderers  of  Kotzebue,  and 
of  other  zealots  in  the  cause  of 
liberty,  gave  untoward  advantages 
to  their  opponents  and  furnished 
to  those  governments,  which  were 
indisposed  to  popular  rights,  an 
apology  for  interfering  in  the  in- 
ternal concerns  of  their  neighbors. 
The  sovereignty  of  the  minor 
powers  presented  a  feeble  barrier 
against  the  anti-revolutionary  mea- 
sures dictated  by  the  apprehen- 
sions of  Austria  and  Prussia.  As 
it  was  conceived  that  the  police 
of  no  one  State  was  competent  to 
repress  publications,  which  the 
monarchs,  whose  conduct  did  not 
bear  a  scrutiny,  might  deem  sedi- 
tious, the  Diet,  in  spite  of  the  op- 
position of  Bavaria,  Baden,  and 
other  constitutional  governments, 
established  at  Mentz,  in  1819,  a 
general  central  commission,  and 
gave  to  this  tribunal  authority  to 
prosecute  inquiries  in  all  parts  of 


Germany,  concerning  demagogi- 
cal intrigues, — to  examine  any 
persons  whatever  as  witnesses  on 
the  subject, — and  to  take  the  pun- 
ishment of  political  offenders  into 
its  own  hands.  Foreign  newspa- 
pers in  the  German  language 
were  forbidden  by  the  King  of 
Prussia  to  be  circulated  in  his 
States,  and  the  Grand  Duke  of 
Saxe  Weimar  was  compelled  to 
suppress  a  journal  published  in 
his  capital. 

At  a  subsequent  period  (1823), 
instructions  were  given  to  Bavaria 
not  to  permit  the  insertion,  in 
the  journals  of  that  country,  of 
any  article  reflecting  on  foreign 
powers.  The  German  Observer ^ 
printed  in  Wurtemberg,  was  at 
the  same  time  ordered  to  be  dis- 
continued,— the  King,  who  for  his 
constitutional  doctrines  had  been 
almost  put  under  the  bar  of  the 
Confederacy,  being  obliged  to 
enforce  the  decree  of  the  Diet. 
Nor  did  Austria  confine  her  ex- 
ertions against  the  progress  of 
liberal  principles  to  the  assembly 
at  Frankfort.  Her  influence  was 
even  extended  to  the  Swiss  Can- 
tons, whose  governments  were 
under  the  necessity  of  sending 
away  many  unfortunate  foreigners, 
who  had  sought  a  retreat  in  that 
ancient  refuge  of  the  oppressed. 
An  extraordinary  edict  issued  by 
Prince  Metternich  in  1824,  against 
Lord  Holland  and  four  ladies 
named  in  it,  to  forbid  their  en- 
trance into  the  Austrian  territory, 
is  an  apt  illustration  of  the  sys- 
tem of  administration  recognised 
at  Vienna. 

The  act  of  the  confederation 
required  the  establishment  of  rep- 
resentative governments  in  all  the 


148 


ANNUAL  REGISTER,  1830-^1. 


States.  In  the  fulfilment  of  the 
obligations  contracted  under  it  by 
the  German  monarchs,  the  Duke 
of  Saxe  Weimar,  as  might  from 
his  character  have  been  expected, 
took  the  lead.  The  late  King  of 
Bavaria  also  gave  his  subjects  a 
Constitution,  securing  equality  of 
contributions  and  entire  liberty  of 
conscience.  And  such  was  the 
confidence  of  the  present  sovereign 
in  the  honesty  of  his  own  pur- 
poses and  the  good  intentions  of 
his  people,  that,  on  ascending  the 
throne,  he  abolished  all  police 
reports.  In  Wurtemberg,  where 
the  late  King  leaned  to  the  popu- 
lar party  against  the  privileged 
orders,  some  difficulty  was  at 
first  experienced,  in  adjusting  the 
different  articles  of  the  fundamen- 
tal law.  In  Hanover  the  patri- 
monial jurisdictions  have  been 
abolished,  and  the  institutions  ac- 
commodated in  other  matters  to 
the  spirit  of  the  age.  Baden  and 
Nassau,  as  well  as  others  among 
the  smaller  States,  have  adopted 
constitutions  based  on  the  repre- 
sentative principle. 

In  Prussia  the  King  promised, 
as  early  as  1813,  to  recompense 
his  subjects  for  their  heroic  ef- 
forts by  giving  them  a  liberal 
constitution,  and  assuredly  in  no 
country  of  continental  Europe 
are  the  people  better  qualified  to 
participate  in  the  government. 
All,  however,  that  has  yet  been 
accomplished  towards  fulfilling  the 
royal  promise,  is  the  establishment 
of  provincial  assemblies  and  the 
creation  of  a  grand  permanent 
council,  composed  of  the  princes 
of  the  blood,  the  great  officers  of 
State  and  the  chiefs  of  the  ad- 
mmistration  departments,  whose 


business  it  is  to  discuss  new  laws 
and  examine  the  projects  of  gov- 
ernment. But,  although  the  as- 
semblies of  the  provinces  are 
inefficient  as  checks  on  the  sove- 
reign, they  are  useful  for  the  pur- 
poses of  finance  and  police,  and 
something  has  been  gained  by  the 
publication  of  the  budgets  of  re- 
ceipts and  expenditures. 

There  is  no  national  assembly 
for  Austria  j  but  several  of  the 
component  parts  of  the  empire,  as 
well  those  which  are  in  as  those 
which  are  out  of  the  confederacy, 
viz.  Bohemia,  Moravia,  Hungary, 
and  Galicia,  have  assemblies  of 
the  states,  that,  to  a  certain  ex- 
tent, supply  its  place.  Only  special 
subjects  are,  however,  confided  to 
these  bodies,  the  nature  of  which 
is  not  to  be  confounded  with  that  of 
the  British  Parliament  or  Ameri- 
can Congress.  Austria  proper  is 
an  absolute  monarchy,  or,  as  it  is 
sometimes  phrased,  ^  a  paternal 
government.'  In  Hungary,  a  pos- 
session of  the  house  of  Austria 
not  included  within  the  Germanic 
Confederacy,  the  Diet  of  the 
kingdom  has  a  constitutional  con- 
trol over  men  and  money,  and  it 
has  recendy  seemed  disposed  to 
enforce  practically  its  authority. 
This  legislative  body  is,  however, 
confined  to  a  powerful  oligarchy,, 
and  the  people  have  no  share  in 
its  deliberations. 

The  King  of  England  had  been 
the  guardian  of  the  minority  of 
the  Duke  of  Brunswick,  and  while 
exercising  that  office,  it  had  be- 
come necessary  to  make  the  insti- 
tutions of  the  Dutchy  conform  to 
the  change  in  the  circumstances 
of  Germany.  To  the  abolition  oi 
the  patrimonial  jurisdictions,  aa 


GERMANY. 


149 


well  as  to  many  arrangements 
personal  to  himself,  the  young 
Duke,  on  coming  of  age,  objected; 
and,  not  content  with  repudiating 
the  acts  of  his  guardian,  he  pub- 
lished the  most  abusive  manifes- 
toes against  George  IV.  and 
Count  Munster,  the  Hanoverian 
Minister  of  State,  by  whom  the 
King's  German  affairs  were  prin- 
cipally managed.  His  Royal 
Highness  even  condescended  to 
send,  through  the  celebrated 
horse-dealer,  Tattersall,  a  chal- 
len2;e  to  Count  Munster  to  meet 

o  

him  in  single  combat.  The  pro- 
ceedings of  the  Duke  of  Bruns- 
wick were  brought  to  the  notice 
of  the  Diet,  by  the  King  of  Eng- 
land in  his  character  of  King  of 
Hanover,  and  as  the  former  prince 
refused  the  mediation  of  Austria 
and  Prussia,  and,  though  only  the 
sovereign  of  two  hundred  thou- 
sand subjects,  declared  that"  he 
would  rather  try  the  fortune  of 
war  than  submit  to  any  reconcili- 
ation, the  assembly  of  the  Con- 
federacy had  no  ground  for  re- 
fusing its  interposition.  In  1829 
every  point  in  controversy  was 
decided  against  the  Duke,  and  he 
having  declined  making  an  apolo- 
gy, withdrawing  his  offensive  pub- 
lications, or  doing  anything  else 
that  was  required  of  him,  the  Diet 
took,  in  the  following  year  ( 1 830), 
efficient  means  to  enforce  its  de-- 
cree.  The  King  of  Saxony  was 
about  moving  his  troops  towards 
Brunswick,  when  the  death  of  the 
King  of  England  suspended  his 
arrangements  ;  and  the  subse- 
quent conduct  of  the  Duke,  within 
his  own  dominions,  rendered  un- 
necessary the  further  action  of  any 
external  force.     As  His  Royal 


Highness  had  manifested  no  more 
wisdom  in  the  government  of  his 
Dutchy  than  in  his  transactions 
abroad,  he  was  naturally  appre- 
hensive, lest  the  popular  move- 
ments, which  occurred  in  France 
and  Belgium  during  the  summer 
of  1830,  should  be  imitated  else- 
where to  his  prejudice.  To 
guard  against  an  insurrection  in 
his  capital,  he  had  placed  cannon 
in  several  parts  of  the  town ;  but, 
on  his  return  from  the  theatre  on 
the  sixth  September,  he  was  at- 
tacked by  the  mob,  from  whose 
fury  he  only  escaped  by  promis- 
ing to  comply  with  all  their  de- 
mands. These  were,  1st,  the 
removal  of  the  cannon ;  2d,  the 
confirmation  of  the  Constitution 
granted  under  the  guardianship  of 
the  King  of  England ;  3d,  a  stip- 
ulation not  to  run  away  to  evade 
the  edict  of  the  Diet;  4th,  not  to 
send  away  his  money.  The 
Duke,  notwithstanding  his  forced 
assent,  having  refused  the  next 
morning  to  fulfil  his  pledge,  and 
intimated  that  he  should  employ 
the  cannon  to  maintain  his  au- 
thority, the  insurrectionists  pro- 
ceeded to  substantiate  their  claims 
by  force.  The  military  refused 
to  fire  on  the  citizens,  the  Duke's 
palace  was  burnt,  and  he  escaped 
to  the  frontiers.  The  brother  of 
the  Duke  was  immediately  pro- 
claimed sovereign,  and  he  con- 
tinues to  reign  as  such,  with  the 
concurrence  of  all  the  principal 
courts. 

The  poor  old  King,  who  gov- 
erned Saxony  at  the  time  of  its 
dismemberment,  was  succeeded, 
on  his  death  in  1827  in  the  sev- 
enty-seventh year  of  his  age,  by 
his  brother, — a  prince  but  little 


150 


ANNUAL  REGISTER,  1830—31. 


younger  than  himself.  The  new 
King  had  always  been  much  under 
the  influence  of  the  Jesuits,  whose 
control  was  the  less  to  be  tole- 
rated, as  the  Saxons  are  princi- 
pally protestants ;  and  the  discon- 
tents, from  this  and  other  sources, 
gathered  new  strength  from  the 
revolutions  that  were  taking  place 
in  other  countries.  An  insurrec- 
tion, which  broke  out  at  Leipsic 
on  the  2d  of  September,  1830, 
was  suppressed  without  much 
difficulty;  but  the  citizens  of  Dres- 
den being  employed,  a  few  days 
afterwards,  to  put  down  some 
petty  disturbances,  entered  upon 
the  discussion  of  politics,  and  de- 


manded, among  other  things,  the 
abolition  of  such  taxes  as  were 
deemed  oppressive,  and  the  ex- 
tension of  the  right  of  suffrage. 
King  Anthony  fell  on  the  expe- 
dient of  quieting  the  tumult,  by 
associating  with  himself  a  more 
popular  ruler,  in  the  person  of  his 
nephew  Ferdinand,  whom  he  con- 
stituted joint  Regent.  Hesse- 
Cassel  also  presented  a  scene  of 
commotion,  which  led  to  some 
alterations  in  the  Constitution. 

In  Hamburg,  there  were  like- 
wise some  insurrectionary  move- 
ments, but  they  were  attended 
with  no  important  results. 


CHAPTER    VII. 
THE    PENINSULA. 

Portugal, — Emigrants. — Negociation, — Distress  of  the  Counr 
try, — Operations  at  Terceira. — Condmt  of  England, — Don 
Pedro. — Effect  of  the  French  Revolution. — Collision  with  Eng' 
land. — And  with  France. — Regency  at  Terceira. — Spain, — 
Attempts  of  the  Exiles. — Mina. — Disputes, — Attack  from  Bay^ 
onne. — From  Perpignan, — Torrijos, 


We  omitted,  the  last  year,  to 
give  an  account  of  events  in  Por- 
tugal, in  the  hope  that,  ere  now, 
we  should  have  been  called  upon 
to  record  the  overthrow  of  that 
flagitious  tyranny,  which  is  de- 
stroying the  resources  of  the 
country,  and  extinguishing  what 
remains  of  virtue  among  the  peo- 
ple. But  although  the  doom,  so 
richly  merited  by  the  usurper, 
seems  now  impending  over  his 
head,  it  has  not  yet  fallen  upon 
him  ;  and  we  are  ,  unwilling  to 
suspend  our  narrative  for  another 
annual  period.  We  had  related 
the  incidents  of  his  usurpation, 
and  of  its  being  brought,  apparent- 
ly, to  a  successful  close,  and  le- 
galized, so  to  speak,  by  the  Cortes 
of  Lamego.  The  history  of  Por- 
tugal, since  that  time,  is  the  his- 
tory of  detestable  and  shocking 
oppression  at  home  ;  and  abroad 
it  consists  of  the  enterprises  of  the 
exiled  constitutionalists  to  deliver 
their  country  from  its  thraldom. 
The  domestic  history  of  the  coun- 
try we  shall  dispose  of  in  a  few 
words. 


It  was  estimated  that,  in  the 
year  1830,  one  in  a  hundred  of  the 
whole  population  of  Portugal  was 
either  confined  in  prison  within 
the  kingdom  or  transported  to  the 
presidios  in  Africa  and  its  islands, 
for  alleged  political  offences. 
Little  short  of  the  same  number 
of  persons  had  fled  from  the  Pen- 
insula into  foreign  exile,  to  es- 
cape the  vengeance  of  the  tyrant ; 
or  were  concealed  in  Portugal  it- 
self, driven  from  their  homes  by 
political  persecution.  Most  of 
these  individuals  were,  of  course, 
adult  males  ;  and  it  is  impossible 
for  any  minuteness  of  detail  to 
exhibit  the  misery  and  distrac- 
tion of  the  nation  in  a  clearer 
light,  than  it  appears  from  the 
single  fact,  that  one  twenty-fifth 
part  of  the  entire  male  population 
of  the  kingdom  were  in  prison  or 
exile  for  crimes  of  opinion. 

Miguel's  usurpation  had  been 
such  a  flagrant  breach  of  every 
obligation,  human  or  divine,  that 
all  the  powers  of  Europe  had,  as 
matter  of  necessity,  withdrawn 
their    ministers.       Even    Spain 


152 


ANNUAL  REGISTER,  1830— 3L 


could  not  but  participate,  at  first, 
in  the  general  expression  of  dis- 
approbation, which  Miguel's  con- 
duct elicited,  although  she  subse- 
quently determined  to  recognise 
the  usurper.  But  one  sentiment  of 
outraged  public  feeling  pervaded 
the  rest  of  Europe.  His  whole 
proceeding  seemed  to  shock  the 
moral  sense  even  of  those  govern- 
ments, which  entertained  no  sym- 
pathy for  constitutions,  and  both 
in  theory  and  practice  were  the 
friends  of  despotism.  Of  course, 
the  condemnation  of  Miguel  was 
proportionably  more  decided  in 
countries,  which,  like  France  and 
England,  enjoyed  a  free  press 
and  were  strongly  attached  to 
liberty.  England  had-  been  so 
instrumental  in  bringing  Portugal 
into  its  present  condition  ;  its 
afflictions  were  so  immediately 
owing  to  the  shifting  policy  of  the 
court  of  St.  James,  which,  under 
the  counsels  of  Mr.  Canning, 
called  the  constitutional  party 
into  existence  and  supported  them 
with  an  auxiliary  army, — and 
which  again  left  that  party  to  its 
fate  when  the  Duke  of  Welling- 
ton came  into  power ; — England 
became  so  conscious  of  her  fault 
in  this  respect,  that  she  was  anx- 
ious to  restore  the  victims  of  her 
vacillation  to  their  homes,  al- 
though at  the  price  of  acknow- 
ledging the  authority  of  Miguel. 
The  Portuguese  government  hav- 
ing anticipated,  from  the  tenor  of 
the  Duke  of  Wellington's  policy, 
that  England  would  recognise  the 
claims  of  Don  Miguel  uncondi- 
tionally, were  greatly  incensed 
when  they  came  to  understand  it 
was  otherwise. 

But  meanwhile  the   French 


revolution  of  July,  and  the  sud" 
den  change  of  the  English  minis- 
try, deprived  Miguel  of  all  hopes 
from  the  Duke  of  Wellington  j 
and  put  an  end  to  the  secret 
countenance,  which  he  received 
from  Charles  Tenth  and  his  fam- 
ily. Of  course,  these  events  ag- 
gravated, instead  of  softening,  the 
tyrannical  wickedness  of  Miguel, 
and  the  consequent  suffering  of 
the  Portuguese.  A  long  succes- 
sion of  public  an(f  private  misfor- 
tunes, the  interruption  of  their 
commerce,  and  the  suspension  of 
their  ordinary  foreign  relations, 
conspired  to  derange  the  public 
finances,  and  to  add  the  evils  of 
a  debased  currency,  excessive 
taxes,  and  forced  contributions  to 
the  previous  calamities  of  the 
people.  To  fill  the  measure  of 
their  distress,  there  wanted  but 
one  thing,  the  necessity  of  draw- 
ing from  the  exhausted  means  of 
the  nation  wherewithal  to  carry 
on  war  abroad  ;  and  this  was  af- 
forded by  the  establishment  of  a 
Regency  at  Terceira,  in  the  name 
of  Donna  Maria. 

When  Portugal  and  the  Portu- 
guese people  sustained  Don  Mi- 
guel in  his  assumption  of  the 
Crown,  the  several  parties  of  con- 
stitutionalists, within  the  kingdom 
having  been  reduced  by  force,  the 
island  of  Terceira  alone  continued 
faithful  to  the  young  Queen.  It 
was  at  first  governed  in  her  name 
by  General  Carbarra,  who  held  it 
against  a  blockading  Portuguese 
squadron.  At  length  Count  Villa 
Flor,  a  Portuguese  nobleman  dis- 
tinguished in  the  recent  wars  in 
Portugal,  succeeded  in  landing  at 
Terceira  with  a  considerable 
number  of  his  countrymen,  who, 


THE  PENINSULA. 


153 


like  himself,  were  fugitives  from 
the  tyranny  of  MigiieJ.  Their 
arrival  infused  new  vigor  and  res- 
olution into  the  counsels  of  the 
garrison  ;  and  prepared  it  for  re- 
pelling any  expedition,  which 
might  be  sent  against  the  island. 

Such  an  expedition  arrived  off 
Terceira,  in  the  summer  of  1829. 
A  landing  was  effected  on  the 
1 1  th  of  August,  under  cover  of 
the  blockading  .squadron.  The 
ships  approached  the  bay  of  Villa 
Praya  concealed  by  a  fog,  and 
were  enabled  to  enter  it,  so  as  to 
protect  the  launches  in  which  the 
invading  troops  were  to  be  landed. 
But  meanwhile  Villa  Flor,  with 
his  volunteers,  had  taken  the  re- 
quisite measures  of  defence  ;  and 
although  the  troops  made  good 
their  landing,  they  were  immedi- 
ately attacked  and  routed  ;  and 
those  who  were  not  killed  in  the 
engagement  or  driven  into  the 
sea,  were  made  prisoners,  as  the 
launches  had  retired,  to  receive 
and  land  another  column  of 
troops.  By  this  time  Villa  Flor 
had  brought  down  some  artillery 
to  bear  upon  the  squadron,  and 
thus  beat  off  the  launches,  when 
they  attempted  to  come  up  a 
second  time,  and  at  length  com- 
pelled the  Miguel ites  to  abandon 
the  undertaking. 

Villa  Flor's  good  fortune  in 
this  instance,  and  the  determina- 
tion of  the  garrison,  pointed  out 
the  island  of  Terceira  as  a  con- 
venient point  d^  appui  for  future 
operations  of  the  constitutionalists. 
Indeed,  previous  to  this  time,  a 
great  number  of  Portuguese  emi- 
grants, chiefly  military  men,  had 
taken  refuge  in  England,  and 
were  collected  in  Plymouth  and 
14 


other  towns  at  the  entrance  of  the 
British  Channel.  Their  profess- 
ed and  ostensible  purpose  was  to 
provide  means  for  sailing  to  Bra- 
zil ;  but  there  was  good  reason  to 
suppose  that  they  actually  design- 
ed to  convey  an  armament  to  the 
Azores.  Their  preparation  went 
on,  although  not  without  objection 
and  remonstrance  from  the  gov- 
ernment;  but  as  the  Duke  of 
Wellington  had  no  proof  that  their 
true  object  was  different  from  the 
assigned  one,  and  as  the  latter 
was  lawful,  he  could  not  prevent 
the  armament  from  being  com- 
pleted and  setting  sail.  The 
expedition  accordingly  departed 
from  Plymouth  in  January  1829, 
consisting  of  four  vessels,  having 
on  board  642  officers  and  men, 
under  the  command  of  Count 
Saldanha,  who  had  been  Portu- 
guese Minister  of  War,  under  the 
constitution.  They  in  fact  sailed 
directly  for  Terceira,  their  true 
place  of  destination ;  but  in  an- 
ticipation of  this,  a  British  squad- 
ron, under  Captain  Walpole,  had 
been  despatched  from  England  to 
the  Azores,  which  compelled  the 
Portuguese  to  turn  back  :  where- 
upon they  proceeded  to  Brest. 

This  affair  gave  rise  to  much 
discussion  in  England,  being  re- 
presented by  the  opposition  as 
unjustifiable  interference  on  the 
part  of  the  Ministers,  in  favor  ot 
Don  Miguel.  Much  negotiation, 
also,  took  place  between  the 
Marquess  of  Barbacena,  the 
Brazilian  Envoy,  and  the  Duke 
of  Wellington's  cabinet,  as  to 
the  duty  of  the  British  go- 
vernment in  relation  to  the 
rights  of  Donna  Maria.  The 
Marquess  of  Barbacena  contended 


154 


ANNUAL  REGISTiai,  1830— 31. 


that  Great  Britain  was  bound  by  former]y  minister  of  justice  irf 
treaty  to  lend  aid  to  Donna  Ma-  Portugal.  This  step,  by  placing 
ria  in   recoverina-  the   throne  of  the  Regency  within  the  dominions 

of  Portugal,  seemed  to  give  more 


Portugal.  But  lord  Aberdeen 
replied  that  Great  Britain  was  re- 
quired by  no  treaty,  to  interfere 
in  the  domestic  discussion  of  the 
Portuguese  nation.  She  was 
only  bound  to  protect  Portugal 
against  foreign  aggression ;  not  to 
settle  a  controversy  between  ad- 
verse claimants  of  the  Crowh, 
each  supported  by  Portuguese 
alone,  but  on  the  contrary  to  ob- 
serve a  strict  neutrality  between 
the    contending    parties.       And 


consistency  and  formality  to  the 
pretentions  of  Donna  Maria. 

Matters  remained  in  this  situa- 
tion until  the  events  of  the  three 
days  in  France.  All  accounts  of 
them  was  carefully  excluded  from 
the  Lisbon  Gazette,  until  at  last 
the  a:rrival  of  a  French  vessel, 
with  the  tri-color  at  her  mast 
head,  compelled  the  trembling 
government  to  disclose  the  secret 
of  the  expnlsion  of  the  Bourbon& 

such  was  the  ostensible  policy  of  from  France.  HoivevcF,  no  polit- 

England  at  this  period,  in  regard    ical 

to  the  Portuguese  emigrants  and 

the  blockade  of  Terceira. 

However  solicitous  the  Empe- 
ror of  Brazil  may   have  been,  at 

this  time,  to  espouse  the  cause  of  occasion 

his   daughter,    his    engagements    fidelitj 

with  his  Brazilian  subjects  did  not 

permit  him  to  do  it  effectually. 

His  assistance  was  chiefly  limited 

to  occasional  supplies  of  money, 

and  to  the  efforts  he  made  to  in- 
terest other  governments  in  her 

behalf.     He  even  gave  ofience  to 

some  of  the  Portuguese,  by  exer- 
cising his  authority  as  father  and 

natural    guardian   to    recall    his 

daughter   from   England.      But 

adequate  reasons  for  this  appear 

to    have    existed.       Indeed,'   a 

change  for  the  better  ensued,  in 

the  mode  of  conducting  her  af- 
fairs.   Hitherto  London  had  been 

the    centre    of    government   for 

Donna  Maria.     But  in  February 

1830,  the  Regency  embarked  at 

Plymouth  for  Terceira,  and  was 

installed   there  on   the    15th  of 

March,   consisting    of  the  Mar- 


movement  ensued.  MigueF 
was  admonished  by  wh^t  had 
happened  to  pay  off  the  arrears 
due  his  troops,  and  to  cultivate 
their  good  will;  btit  he  had  no- 
te make  proof  of  their 
in  any  contest  with  hh 
subjects.  Nothing  else  of  itnpor- 
tance  transpired  during  the  year, 
in  regard  to  the  affairs  of  Portu- 
gal, except  the  mission  of  the 
Marquess  of  San  Amaro,  who 
was  sent  from  Brazil  with  full 
power  to  setde  the  Portuguese 
question  by  the  mediation  of  the 
governments  of  England,  Austria, 
and  France.  Nothing  was  effect- 
ed by  the  mission. 

Thus  the  year  1830  passed  off 
without  producing  any  crisis  in 
the  affairs  of  Portugal.  But  the 
year  1831  has  had  more  sensible 
effects  upon  its  condition.  The 
English  government  had  long 
been  remonstrating  with  Don 
Miguel  for  his  continual  violations 


of  the  various  treaties,  which  reg- 
ulated the  intercourse  between 
subjects  of  the  two  Crowns.  Re- 
quess  of  Palmella,  the  Count  of  clamations  had  also  been  made 
Villa  Flor,  and  J.  H.  Guerreiro    for  damages  occasioned  by  the 


THE  PENINSUL, 


155 


illegal  deteatlon  of  British  vessels 
ofFTerceira.  Weary  of  negoci- 
ating  with  Don  Miguel  on  the 
subject,  the  British  goverumeut 
(inaliy  des{3atche(l  a  large  arma- 
ment to  the  Tagus,  for  the  pur- 
pose of  exacting  justice  of  the 
usurper  by  force,  if  he  failed  to 
accede  immediately  to  the  de- 
mands of  Great  Britain.  The 
squadron  consisted  of  a  line  of 
batde  ship,  a  large  frigate,  and  sik 
smaller  vessels  of  war,  which  ap- 
peared off  the  bar  on  the  25th  of 
April.  A  diplomatic  note  was 
forthwith  addressed  to  the  Portu- 
guese government  through  the 
medium  of  the  British  Consul, 
containing  a  peremptory  demand 
for  an  immediate  and  full  redress 
of  all  tlie  grievances  complained 
of,  and  dictating  the  terms  on 
which  England  would  abstain 
from  hostilities.  These  terms 
were  the  dismissal  and  punish- 
ment of  various  civil  and  military 
functionaries,  guilty  of  insult  and 
outrage  upon  the  persons  or 
property  of  British  subjects ;  the 
indemnification. of  the  parties  in- 
jured ;  the  refunding  of  certain 
duties  illegally  exacted  ;  and  the 
payment  within  one  month  of 
claims  ior  the  British  vessels  de- 
tained off  Terceira.  These  hu- 
miliating conditions  were  commu- 
nicated to  the  Viscount  de  San- 
tarem,  'the  Portuguese  minister 
of  foreign  affairs,  accompanied 
with  an  assurance  that  reprisals 
would  immediately  be  ordered,  if 
the  prescribed  terms  were  not  ac- 
ceded to  without  delay.  Nothing 
could  exceed  the  consternation 
and  embarrassment,  which  the 
arrival  of  this  fleet  occasioned  in 
Lisbon.    However  degrading  the 


conditionof  p3ace  may  have  been 
esteemed  by  Don  Miguel's  minis- 
ters, they  saw  themselves  forced 
to  comply  ;  and  everything  was 
done  to  the  letter,  precisely  as  the 
British  government  demanded. 
Thecircumstances  were  such  as 
to  teach  Miguel  a  severe  lesson 
of  justice  ;  and  occasioned  much 
animosity  of  feeling  towards  Eng- 
land among  the  Portuguese,  who 
accused  the  former  of  never  re- 
garding anything  but  its  own  in- 
terest, as  indeed  they  might  have 
judged  from  most  of  their  prior 
intercourse  with  Great  Britain. 

This  affair  was  hardly  adjusted, 
when  a  similar  collision  occurred 
between  France  and  Portugal,  on 
account  of  certain  arbitrary  pro- 
ceedings of  the  Portuguese  courts 
against  two  French  subjects, 
named  Sauvenet  and  Bonhomme. 
A  French  corvette  and  brig  were 
first  despatched  to  demand  satis- 
faction in  a  peaceable  manner. 
Accordingly  the  French  consul 
required  of  the  Portuguese  a  re- 
vocation of  the  sentence  against 
Sauvenet  and  Bonhomme,  the 
dismissal  of  the  judges  who  con- 
demned them,  the  payment  of  a 
large  sum  of  money  in  damages, 
and  the  publication  of  an  apology 
in  the  Lisbon  Gazette, — demand- 
ing a  categorical  answer  within 
twenty -five  days.  If  no  satisfac- 
tory reply  was  given  within  that 
period,  the  functions  of  the  con- 
sul were  to  cease,  and  all  the 
French  residents  were  to  quit 
Lisbon.  The  Portuguese  gov- 
ernment, however,  rejected  the 
terms;  and  on  the  16th  of  May 
a  French  squadron,  of  eleven 
vessels  of  war,  appeared  off  the 
Tagus,  repeating  the   demand  of 


156 


ANiNUAL  REGISTER,  1830—31. 


satisfaction.  This  being  still  re- 
fused, the  French  proceeded  to 
capture  such  Portuguese  vessels 
as  they  fell  in  with,  but  without 
declaring  the  Tagus  in  a  state  of 
blockade. 

These  events  appear  to  have 
engrossed  the  attention  of  Don 
Miguel  so  entirely  as  to  encour- 
age the  Regency  in  Terceira  to 
assume  an  offensive  attitude. — 
They  fitted  out  an  expedition 
from  Angra,  which,  on  the  9th  of 
May,  succeeded  in  capturing  the 
island  of  St  George,  another  of 
the  Azores.  We  read,  also,  of 
conspiracies  and  attempted  insur- 
rections in  Portugal,  which  had 
no  effect  but  to  swell  the  number 
of  state  prisoners,  which  already 
overcrowded  the  fortress  of  the 
kingdom.  But  the  most  impor- 
tant incident  of  the  year,  in  its 
relation  to  Portugal,  was  the  ab- 
dication of  the  Crown  of  Brazil, 
by  Don  Pedro,  on  the  7th  of 
April,  and  his  arrival  soon  after- 
wards in  Europe  in  company 
with  his  daughter  the  titular 
Queen  of  Portugal.  It  was  fore- 
seen that  his  new  situation  would 
enable  him  to  exert  his  activity 
and  talents  in  her  behalf,  unem- 
barrassed by  contradictory  obli- 
gations, and  with  a  reasonable 
prospect  of  success.  His  move- 
ments in  Europe  will  enter  more 
appropriately  into  the  history  of 
another  year. 

In  Spain,  the  latter  part  of  1830 
and  the  beginning  of  1831  were 
marked  by  the  abortive  attempts 
of  Mina  in  the  north,  and  Torri- 
jos  in  the  south,  to  subvert  the 
government  of  Ferdinand.  Con- 
temporaneously with  the  events  of 
the  Three  Days,  a  party  of  Span- 
ish exiles  in  England,  buoyed  up 


by  the  delusive  expectation  of 
receiving  effective  support  within 
the  Peninsula,  vvere  preparing  an 
expedition  against  their  country. 
The  French  revolution  came,  to 
fill  them  with  extreme  confidence 
of  success,  and  incite  them  to 
redoubled  exertion.  They  vainly 
imagined  that  Spain  was  ripe  for 
revolt,  and  that  nothing  was 
needed  but  a  few  bold  spirits  to 
fire  the  train.  General  Mina  was 
looked  up  to,  on  all  hands,  as  the 
most  suitable  person  to  command 
the  projected  expedition  ;  but 
he,  it  seems,  had  more  accurate 
knowledge  of  the  state  of  feeling 
in  Spain,  and  was  more  capable 
of  judging  concerning  it,  than 
many  of  his  countrymen. 

From  the  very  oatset^  he  dis- 
trusted the  means  possessed  by 
them,  denying  that  any  impression 
could  be  made  with  such  slender 
resources.  But  the  ardor  of 
General  Torrijos  overcame  tfiQ 
caution  of  Mina  ;  and  arrange-^ 
ments  were  made  to  convey  a 
ship  load  of  munitions  of  war  to 
the  south  of  Spain,  with  a  few 
patriots  and  a  bale  of  proclama- 
tions, as  a  means  of  revolutioniz- 
ing the  Peninsula.  The  vigi-. 
lance  of  the  Spanish  ambassador 
detected  the  plan  in  agitation,  and 
at  his  suggestion  the  arms  were 
seized  by  the  British  government. 
But  relying  on  the  effect  of  his 
own  example  and  presence,  Tor-^. 
rijos  departed  for  the  coast  of 
Andalusia,  in  prosecution  of  his 
quixotic  enterprize. 

Meantime  the  great  body  of 
the  exiles,  stimulated  more  and 
more  by  the  progress  of  the  rev- 
olution in  France,  began  to  re^ 
pair  thither  from  all  quarters,  in-. 
tending  to  enter  Spain  by  I^.n4 


THE  PENINSULA. 


15 


iVom  that  country.  Mina  him- 
self yielded  to  the  current,  and 
-accompanied  his  countrymen  to 
the  Pyrenees,  counting,  perhaps, 
upon  the  assistance,  or  at  least 
upon  the  connivance  of  the  gov- 
ernment of  Louis  Philippe.  In 
Paris,  a  considerable  number  of 
volunteers  joined  the  emigrants, 
and  they  received  promises  of  aid 
in  money  and  arms  from  tlie 
mouvement  puny  in  France.  They 
gradually  assembled  on  the  Span- 
ish frontiers,  partly  at  Bayonne 
at  the  western  extremity  of  the 
Pyrenees,  and  partly  at  Perpig- 
iian,  on  their  eastern  extremity. 
These  two  French  cities  stand 
>each  on  the  principal  high  road 
■into  Spain,  Bayonne  being  the 
;point  of  departure  for  Madrid  by 
way  of  Burgos,  and  Perpignan  for 
the  same  place  by  way  of  Barce- 
lona. The  former  introduces 
into  Navarre  and  Biscay,  the 
latter  into  Catalonia  and  Aragon. 
A  governing  junta  was  establish- 
ed at  Bayonne  preparatory  to 
actually  crossing  the  frontier. 

At  this  critical  moment,  when 
the  last  remnant  of  the  Spanish 
constitutionalists  were  gathered 
together  for  a  final  attempt  to  de- 
liver their  country,  they  had  the 
madness  to  revive  those  deplora- 
ble party  disputes,  which  had  dis- 
graced and  degraded  the  patriot 
cause  in  the  time  of  its  greatest 
ascendancy.  The  comuneros  and 
the  masones  had  not  forgotten 
their  old  quarrels.  Unfortunate- 
ly, also,  the  same  insubordination 
of  spirit,  which  distinguished  the 
constitutionalists  when  they  were 
the  nation,  was  equally  to  be  re- 
marked among  them  now  they 
were  a  feeble  band  of  exiles. 
Mina  and  the  most  eminent  of 
14* 


the  patriots  either  as  civilians  or 
military  men,  were  of  the  party 
of  masones;  and,  as  might  be 
expected  from  their  ability  and 
experience,  were  less  confident 
of  success  than  the  comuneros, 
who  rendered  themselves  objects 
of  commisseration  by  their  vio- 
lence, and  by  their  impetuosity- 
amounting  to  rashness.  The  ef- 
fect of  all  this  was  to  deprive 
their  efforts  of  that  unity,  without 
which  it  was  clearly  impossible 
to  effect  anything  useful.  At 
the  same  time,  it  must  be  ad- 
mitted that  their  whole  scheme 
was  a  wild  and  impracticable 
one.  The  Spanish  people  did 
not  desire  a  revolution ;  the  fact 
is  undeniable  ;  and  without  a 
powerful  party  in  the  heart  of  the 
kingdom,  what  had  a  few  hundred 
exiles  to  expect,  in  their  invading 
the  country,  but  defeat  to  them- 
selves, and  ruin  to  all  who  should 
espouse  their  cause  ?  And  how 
much  soever  we  may  condemn 
the  factious  temper,  which  dis- 
tracted the  counsels  of  the  patri- 
ots, we  do  not  believe  the  issue 
would  have  been  different,  had 
their  conduct  been  ever  so  free 
from  censure. 

In  effect,  however,  the  conse- 
quence was  that  the  comuneros 
proceeded  to  cross  the  frontier  in 
their  own  time  and  mode.  It  is 
supposed  that  the  entire  force  as- 
sembled along  thePyrenees  did  not 
exceed  1000  men,  of  whom  only 
about  the  half  w^ere  Spaniards. 
Colonel  Valdez  led  the  first  party 
of  250  men,  which  crossed  the 
frontier  from  Bayonne  on  the 
17th  of  October,  took  possession 
of  some  villages,  and  dispersed  a 
few  royalist  volunteers.  But  no 
person  joined  his  standard,  and 


158 


ANNUAL  REGISTER,  1830— 3^ 


he  would  have  been  speedily  cut 
off,  had  not  General  Mina  follow- 
ed him  in  a  few  days  with  the 
residue  of  their -forces,  consisting 
of  about  300  men.     It  was  soon 
ascertained  that  the  enterprise  was 
a  desperate  one ;  for  the  inhabi- 
tants carefully  kept  aloof,  afford- 
ing neither  supplies  nor  recruits 
to  the  invaders.     Mina  took  pos- 
session of  the  town  of  Irun,  and 
posted    his     followers    on     the 
heights  near   Vera,  a  few  miles 
from  the   great  road  to  Madrid. 
On   the  27th  a   well  appointed 
royalist  force  advanced  to  meet 
them.    It  was  the  advice  of  Mina 
to    avoid    an    engagement,    and 
maintain  a  guerilla  warfare  in  the 
mountain  ;    but   Valdez   insisted 
upon   withstanding    the    royalist 
troops    and  was  accordingly  de- 
feated with  great  loss,  and  driven 
back  into  France.     Mina  himself 
saved  his  life  by  a  series  of  hair- 
breadth   escapes,    and    reached 
France   in   a   state   of  extreme 
wretchedness.     Seeing  the  irre- 
trievable discomfiture  of  the  expe- 
dition, the  French  now  interfered, 
disarming  the  fugitives  and  com- 
pelling them  to  leave  the  neigh- 
borhood of  Spain. 

During  the  same  period,  an- 
other party  of  the  patriots  had 
entered  Spain  by  the  opposite 
extremity  of  the  Pyrenees  ;  and 
was  in  like  manner  driven  back 
without  having  accomplished  any- 
thing, and  being  reduced  them- 
selves to  a  state  of  mere  starva- 
tion. The  same  fate  attended 
each  of  the  invading  parties* 
Utterly  failing  to  arouse  the  peo- 
ple, and  having  no  sufficient  means 
of  their  own  to  carry  on  a  war 
with  the  government,  they  only 
enjoyedthe  consolation  of  having 


tried  the  experiment  of  proffering 
liberty  to  their  countrymen.  The 
French  had  regarded  their  pre- 
paration with  an  eye  of  sympathy, 
if  not  of  encouragement,  so  long 
as  there  was  a  possibility  of  their 
success.  It  became  indispensa- 
ble to  disarm  them,  when  they 
were  become  a  band  of  desperate 
fugitives,  capable  only  of  keeping 
the  frontier  in  confusion.  In  fact, 
perfect  tranquillity  was  restored 
long  before  the  close  of  the  year^ 
along  the  whole  line  of  the  Py- 
renees. 

It  was  several  months  before 
anything  certain  was  known  of 
the  fate  of  Torrijos.  He  landed 
at  Algeziras  with  his  (ew  friends 
and  his  proclamations  ;  but  was 
speedily  taken  prisoner  and  exe- 
cuted, with  all  his  party,  without 
having  in  the  least  degree  shaken 
the  stability  of  the  government.  As 
in  Catalonia,  Navarre,  and  Biscay, 
so  also  in  Andalusia,  whatever  dis- 
satisfaction the  people  might  feel 
towards  Ferdinand,  they  were  evi- 
dently determined  not  to  rush  into 
the  hazards  of  a  new  revolution, 
without  more  certain  grounds  of 
success,  than  the  existing  state  of 
affairs  in  the  kingdom  afforded. 
The  emigrants  appear  to  have 
been  strangely  ignorant  of  the 
fact,  that  there  was  no  revolu- 
tionary party  in  Spain.  Miscal- 
culating the  effect,  which  the 
French  revolution  was  to  have  in 
the  Peninsula,  Torrijos  and  Val- 
dez seem  to  have  imagined,  that 
they  had  only  to  show  them- 
selves, and  patriot  armies  would 
rise  up  at  their  bidding.  But 
they  mistook  both  their  own  con- 
sequence, and  the  feelings  of  the 
nation,  in  supposing  it  so  easy  to 
shake  the  throne  of  Ferdinand. 


CHAPTER    VIII. 


GREECE    AND    TURKEY. 

Greece. — Effect  of  the  Treaty  of  Adrianople. — Protocol  of  Feb- 
ruary.—  Choice  of  Leopold, — He  declines. — State  oj  Greece. — 
Destruction  of  the  Fleet. — Assassination  of  Capo  d^Istrias. — 
Turkey. — Mahmoud^s  Reform. — Revolts. — The  Viceroy  of 
Egypt. 


When  the  treaty  of  Adrlanople 
had  shown  the  humiliated  condi- 
tion of  the  Porte,  it  was  presumed 
that  Greece,  protected  by  the  great 
allied  powers,  would  begin  to  en- 
joy repose,  under  some  form  of 
government  suited  to  the  genius  of 
her  people.  But  three  years 
have  since  elapsed,  without  see- 
ing the  accomplishment  of  so  de- 
sirable an  object.  This  may  be 
owing,  in  some  sort,  to  domestic 
causes  ;  but  is  to  be  ascribed,  in  a 
greater  degree,  to  the  selfish  poli- 
cy of  the  allies,  which  leads  them 
to  insist  upon  imposing  on  Greece 
a  form  of  government,  and  per- 
sons to  exercise  it,  without  duly 
consulting  the  mind  and  feelings 
of  the  Greeks  tliemselves.  By 
the  protocol  of  March,  1829, 
Greece  was  made  a  principality, 
bound  to  acknowledge  the  Sul- 
tan as  sovereign  or  feudal  supe- 
rior, and  bound  also  to  the  pay- 
ment to  Turkey,  of  a  stipulated 
tribute.  At  the  same  time,  it 
was  provided  that  the  frontier  of 
the  new  principality,  on  the  north, 
should  extend  across  between  the 


gulfs  of  Arta  and  Volo.  The 
conditions  of  this  arrangement  not 
having  been  acceded  to  by  the 
Porte,  the  allies  did  not  on  their 
part  feel  bound  to  adhere  to  them 
in  any  new  arrangements,  which 
circumstances  might  render  ex- 
pedient. The  Sultan  had  been 
compelled  by  the  victories  of  the 
Russians  to  engage,  that  he  would 
submit  the  whole  question  unre- 
servedly to  the  conference  of  the 
allies  at  London,  pledging  himself 
to  abide  by  their  decision.  They 
accordingly  proceeded,  by  a  pro- 
tocol of  the  3d  of  February  1830, 
to  settle  anew  the  destinies  of 
Greece. 

This  protocol  was  considered 
by  the  allies  as  the  solemn  act 
for  constituting  the  future  state. 
They  began  by  deciding  that 
henceforth  the  Greeks  should 
form  a  free  people,  invested  with 
all  the  rights,  political,  adminis- 
trative, and  commercial,  attached 
to  complete  independence.  But 
while  thus  depriving  Turkey  of  her 
qualified  dominion  over  Greece, 
as   secured   by   the  protocol  of 


160 


ANNUAL  REGISTER,  1830—31. 


March,  1829,  the  allied  powers 
saw  fit,  on  the  other  hand,  to 
narrow  the  boundaries  of  the  ter- 
ritory to  be  detached  from  the 
Turkish  empire,  thus  depriving 
Greece  of  a  defensible  military 
frontier,  which  was  accorded  to 
her  by  the  previous  arrangement. 
They  decided,  also,  that  the 
government  of  Greece  should  be 
a  monarchy,  and  that  the  first  re- 
cipient of  the  new  dignity  should 
be  nominated  by  them,  from 
among  some  of  the  princes  of 
Europe. 

Having  determined  to  select  a 
ruler  for  Greece,  from  among  the 
European  royal  and  princely 
houses,  the  allies  very  soon  turn- 
ed their  eyes  to  Germany,  as  a 
kind  of  '  officina  principum,''  fur- 
nishing them  with  abundance  of 
new  materials  well  adapted  for 
the  manufacture  of  kings  with  the 
proper  hereditary  marks  of  gen- 
uineness. Candidates,  of  course, 
were  not  wanting,  and  among 
them,  Leopold  of  Saxe-Coburg 
was  the  most  prominent,  and  by 
his  alliance  with  the  British  royal 
family  as  well  as  the  large  pen- 
sion he  enjoyed  from  England, 
the  most  likely  to  be  useful  to 
Greece.  The  allied  powers,  it 
should  be  observed,  had  mutually 
agreed  to  exclude  the  Immediate 
members  of  their  respective  fam- 
ilies from  consideration.  Russia 
went  so  far  as  to  make  Charles  X. 
her  proxy  in  the  matter,  so  that 
in  fact  the  choice  rested  with 
France.  Charles  proffered  the 
honor  to  prince  John  of  Saxony, 
who  declined  it ;  and  it  was  then 
conferred  on  Leopold. 

Leopold  received  the  offer  of 
the  Greek  crown  on  the  4th  of 


February;  and  on  the  1 1th,  re- 
plied, desiring  information  upon 
certain  points,  as  indispensable  to 
his  coming  to  a  decision  to  accept 
the  trust.  The  conditions,  which 
he  thus  annexed  to  his  accept- 
ance, were  1,  a  guarantee  of  the 
new  state  against  foreign  aggres- 
sion ;  2,  protection  to  the  Greek 
inhabitants  of  Candia  and  Samos ; 

3,  the  extension  of  his  northern 
frontier  so  as  to  render  it  defen- 
sible in  a  military  point  of  view ; 

4,  pecuniary  succor ;  and  5,  tem- 
porary assistance  in  troops,  to 
enable  him  to  organize  his  gov- 
ernment, and  establish  and  main- 
tain public  order.  In  regard  to 
the  first,  fourth,  and  fifth  condi- 
tions, an  agreement  was  finally 
concluded,  and  after  much  nego- 
ciation,  carried  on  chiefly  be- 
tween Leopold  and  Lord  Aber- 
deen the  English  plenipotentiary, 
it  was  settled  that  the  French 
troops  should  stay  in  Greece 
another  year  ;  and  the  allies  con- 
sented to  guarantee  a  Greek  loan 
of  sixty  millions  of  francs,  for  the 
benefit  of  i^eopold.  The  whole 
correspondence  on  this  subject 
exhibits  a  scene  of  higgling  and 
chaffering  on  the  part  of  Lord 
Aberdeen,  little  to  the  honor  of 
the  British  cabinet,  which  gained 
no  credit  by  the  negociation.  In 
fact,  England,  which  had  never 
made  any  sacrifice  in  behalf  of 
Greece,  which  had  only  interfer- 
ed in  her  favor,  out  of  jeal- 
ousy towards  Russia,  proved 
true,  on  this  occasion,  to  the  trad- 
ing spirit,  which  is  so  apt  to  per- 
vade her  foreign  policy.  Leo- 
pold, however,  succeeding  in 
obtaining  the  engagements  he 
desired  in  this  respect;   but  in 


GREECE  AND  TURKEY. 


161 


l*egarcl  to  the  boundary,  and  the 
protection  of  Candia,  he  was  un- 
able to  accomplish  his  purpose. 

The  correspondence  on  these 
various  subjects  continued  for 
several  months.  Leopold,  it  was 
manifest,  was  gradually  growing 
indifferent  to  the  object,  which  he 
had  originally  sought  for  so  anx- 
iously ;  for  as  the  negociation 
proceeded)  he  grew  more  and 
more  exigeant,  in  regard  to  the 
terms  on  which  he  would  accept 
the  crown.  Meanwhile,  sufficient 
time  had  elapsed  to  ascertain  the 
feelings  of  the  Greeks  tliemselves, 
in  yiew  of  this  transfer  of  them, 
like  a  herd  of  cattle,  to  a  master 
selected  by  other?,  in  whose  ap- 
pointment they  were  to  have  no 
voice,  and  who  was  to  be  sus- 
mti'ed.  in  authority  by  foreign 
troops  and  subsidies.  Leopold 
had  entered  into  correspondence 
with  Capo  d'Istrias  the  President 
^f  Greece,  and  with  other  individ- 
uals of  rank  and  influence  in  that 
country.  Whatever  naay  have 
been  the  representations  made  by 
others  on  this  subject,  certain 
it  is  that  the  letters  of  Capo 
d'Tstrias  had  the  effectof  com- 
pletely weaning  Leopold  from 
his  ambition  to  be  ruler  of 
Greece.  Capo  d'Istrias,  with  the 
address  and  consummate  art  of  a 
Greek  and  a  veteran  diplomatist, 
succeeded  in  terrifying  Leopold 
with,  such  a  picture  of  the  condi- 
tion of  Greece,  and  the  hardships 
to  be  encountered  by  him  who 
should  assume  its  government, 
that,  on  the  21st  of  May,  he  final- 
ly resigned  the  station,  to  which 
he  had  been  raised  by  the  favor 
f)f  the  allies. 

Among  the  various  motives  as- 


signed for  this  step,  in  addition  to 
those  which  are  more  obvious  to 
be  remarked,  it  has  been  said  that 
Prince  Leopold  vvas  not  uninflu- 
enced by  the  state  of  parties  and 
of  the  succession  to  the  crown  in 
England,  the  Dutchess  of  Kent, 
mother  of  Victoria,  the  next  in 
succession  to  the  Duke  of  Clar- 
ence as  presumptive  heir  of 
George  IV,  being  the  sister  of 
Leopold,  and  he  having  some 
reason  to  anticipate  being  called 
to  exercise  the  regency  in  case  of 
the  crown's  devolving  upon  Vic- 
toria during  the  minority.  How- 
ever this  may  be,  his  refusal  of 
the  government  of  Greece  was 
positive  and  decided,  and  no  suc- 
cessor had  been  pitched  upon 
previous  to  the  dethronement  of 
Ciiarles  X,  and  the  consequent 
interruption  of  the  harmonious 
action  of  the  allies,  so  far  as 
regarded  tVance  and  Russia. 
Prince  Paul  of  Wirtemberg  was 
at  that  time  a  suitor  to  Charles 
for  the  vacant  throne.  The 
question  of  boundary  continued 
unsettled,  although  the  transfer  of 
Candia  to  the  Pacha  of  Egypt, 
which  took  place  during  the  au- 
tumn, seemed  to  be  decisive  of 
the  fate  of  that  important  island. 
At  the  same  time,  it  was  to  be 
considered,  that  the  political 
changes  in  France  and  England 
were  highly  auspicious  to  the 
cause  of  Greek  independence, 
and,  but  for  the  events  in  Belgi- 
um and  Poland,  we  may  suppose 
that  this  vexed  question  would 
have  been  long  since  set  at  rest. 
It  is  much  to  be  regretted, 
however,  that  the  destinies  of 
Greece  have  not  been  fixed  on 
some  equitable  foundation,  so  that 


162 


ANNUAL  REGISTER,  1830^31. 


an  end  may  be  made  of  its  inter- 
nal distraction,  and  its  inhabitants 
may  devote  themselves  to  those 
gainful  pm-suits  of  industry,  for 
which  their  t6mper  and  geograph- 
ical situation  render  them  pecu- 
liarly well  fitted,  and  which  would 
speedily  restore  prosperity  and 
competency  to  the  Morea  and  the 
Archipelago.  During  the  early 
part  of  1831,  we  continually  re- 
ceived accounts  of  the  disturbed 
state  of  various  parts  of  the  coun- 
try, especially  the  Morea,  coupled 
with  statements  of  the  growing 
unpopularity  of  Capo  d'Istrias. 
Every  day  seemed  to  augment 
the  intensity,  and  accelerate  the 
spread  of  the  spirit  of  disaffection 
to  his  government. 

It  is  difficult  to  say  how  much 
he  may  have  been  in  fault  in  ref- 
erence to  the  troubles  in  question. 
There  is  enough  to  show,  howev- 
er, in  the  conduct  of  the  Greek 
chieftains,  that  they  needed  a 
more  energetic  government,  rath- 
er than  a  milder  one.  The  de- 
struction of  the  Greek  fleet  by 
Miaulis,  was  a  remarkable  in- 
stance of  factious  insubordination. 
In  the  course  of  the  summer  of 
1831,  a  dispute  arose  between 
Admiral  Miaulis  and  the  Presi- 
dent, in  consequence  of  which, 
the  former  took  possession  of  the 
whole  Greek  fleet,  and  conduct- 
ed it  to  Poros.  Hereupon  Count 
Capo  d'Istrias  employed  some 
Russia  men  of  war  to  go  and  re- 
claim the  fleet.  On  the  Russians 
entering  Poros,  the  forts  opened 
a  fire  upon  them;  but  Miaulis 
finding  the  Russians  were  likely 
to  be  victorious,  set  fire  to  the 
Greek  vessels,  and  caused  their 
total  destruction.     Thus  perished 


the  entire  fleet,  including  the 
frigate  Hellas,  so  well  known  in 
America,  as  well  as  a  large  num- 
ber of  other  vessels  of  war.  The 
whole  naval  force  of  Turkey 
could  not  have  inflicted  so  much 
injury  on  Greece,  as  this  single 
act  of  madness  and  treason  on 
the  part  of  Miaulis  occasioned. 
With  infatuation  difficult  to  be 
understood  or  conceived,  he  pro- 
ceeded to  dismantle  the  fortifica- 
tions of  Poros,  which  had  been 
constructed  during  the  war  of  in- 
dependence under  the  direction 
of  an  English  engineer.  His  pur- 
pose appears  to  have  been  to  in- 
flict all  the  injury  in  his  power 
on  Poros,  as  if  it  had  been  a  hos- 
tile Turkish  fortress,  or  he  a  will- 
ing instrument  of  Ibrahim  Pacha; 
for  when  the  government  troops 
took  possession  of  Poros  and  of 
the  steamboats  which  had  escap- 
ed the  conflagration,  they  found 
lighted  matches,  not  only  in  the 
vessels,  but  in  the  cellars  of  the 
houses.  This  act  of  extrava- 
gance and  folly  was  perpetrated 
by  a  man,  who,  in  other  times, 
had  deserved  well  of  his  country, 
by  many  brilliant  achievements, 
but  who  seemed  resolved,  on  this 
occasion,  to  efface  the  memory 
of  his  patriotism,  and  to  substitute 
the  execration  of  the  Greeks  in 
place  of  their  respect  and  ap- 
plause. This  incident  does  much 
to  confute  some  of  the  complaints 
of  the  Greeks  against  Capo  d'Is- 
trias; and  the  assassination  of  him 
soon  afterwards  tended  the  same 
way. 

The  circumstances  of  this  un- 
happy affair  are  as  follows.  Pietro 
Bey  was  the  chief  of  Maina,  a 
mountainous  district,  which  occu' 


(GRfiECE  AND  TURKEY. 


163 


Y)it^s  the  southern  extremity  of  the 
Peloponnesus.  This  region  was 
comparatively  exempt  from  the 
oppression  of  the  Turks,  being 
governed  by  its  own  chiefs, 
who  were  only  subjected  to  the 
payment  of  a  slight  tribute.  Still 
Pietro  Bey  and  his  family  were 
among  the  earliest  and  most  zeal- 
ous friends  of  the  Greek  cause, 
and  had  adhered  to  it  through 
every  vicissitude  of  fortune,  af- 
fording far  less  grounds  for  impu- 
tation of  selfishness  and  rapacity, 
than  the  other  Moreot  leaders. 
He  bore  the  tide  of  Bey,  from 
being  the  only  considerable  chief- 
tain in  the  Morea,  whom  the 
Turks  suffered  to  retain  the  com- 
mand of  a  district;  and  being  a 
Christian  and  an  enemy,  this  was 
no  small  testimony  to  his  merits. 
Capo  d'lstrias  had  the  bad  fortune 
to  quarrel  with  the  Mainote  chief- 
tain, and  caused  him  to  be  im- 
prisoned in  the  citadel  of  Nauplia. 
The  kinsmen  of  Pietro  Bey  es- 
poused the  quarrel  of  the  head  of 
their  family,  and  avenged  it  in 
their  own  lawless  way.  As  the 
President  was  proceeding  to  at- 
tend religious  service,  Constan- 
tine  and  George  Mavromichaelis, 
the  brother  and  the  son  of  Pietro 
Bey,  lay  in  wait  for  him,  and  kill- 
ed him  on  the  spot,  the  one  dis- 
charging a  pistol  at  his  head,  and 
the  other  stabbing  him  with  a 
Turkish  dagger.  Constantino 
was  immediately  killed  by  the 
President's  guards.  George  es- 
caped, and  took  refuge  in  the 
house  of  the  French  consul,  who 
protected  him  from  the  fury  of 
the  populace,  but  subsequently 
delivered  him  up  to  the  public 
authorities,  by  whom  he  was  tried 


and  executed.  The  murder  was 
committed  at  Napoh,  on  the  9th 
of  October.  A  commission  was 
immediately  nominated  by  the 
Senate,  for  carrying  on  the  gov- 
ernment until  the  meeting  of  the 
National  Assembly,  and  Coloco- 
troni  was  appointed  to  be  its 
President.  These  events,  disas- 
trous as  they  were,  did  not  per- 
manently interrupt  the  public 
tranquillity.  Capo  d'Istrias'  mur- 
der was  an  act  of  private  ven- 
geance merely,  unconnected  with 
any  popular  commotion ;  and  in 
its  consequences  may  be  service- 
able to  the  Greeks,  by  facilitating 
the  final  organization  of  their  gov- 
ernment. 

To  those  who  take  interest  in 
the  affairs  of  Greece,  from  attach- 
ment to  the  Greek  cause,  and  the 
recollections  of  antiquity,  it  was  a 
subject  of  gratulation  to  witness 
the  success  of 'the  allies  in  obtain- 
ing the  annexation  of  Attica  to 
the  new  Greek  state.  It  seemed 
as  if  the  war  of  independence  was 
but  half  fought,  if  Athens,  the  seat 
of  ancient  learning  and  liberty, 
was  to  continue  subject  to  the 
Turkish  sceptre.  The  embassa- 
dors of  the  allies  obtained  this 
concession  in  Decemberl830,and, 
on  the  10th  of  January  following, 
the  flag  of  independent  Greece 
was  displayed  from  the  heights  of 
the  Acropolis. 

Turkey  has  exhibited  a  singu- 
lar spectacle  during  the  past  year. 
Whilst  all  the  rest  of  Europe  has 
been  agitated  by  the  attempts  of 
the  people  to  introduce  regulari- 
ty, stability,  and  equality  into  the 
administration  of  justice,  and  to 
abridge  the  arbitrary  authority  of 
their   rulers,    Turkey,    on    the 


164 


ANNUAL  REGISTER,  1830—31. 


contrary,  has  been  convulsed  by 
opposition,  from  various  quarters, 
to  the  liberalized  and  enlarged 
policy  of  Sultan  Mahmoud.  This 
wise  and  highminded  prince,  who 
has  learned  wisdom  by  fatal  ex- 
perience,— who  sees  that  public 
prosperity  depends  on  the  just  and 
equitable  administration  of  gov- 
ernment, and  that  it  is  incompati- 
ble with  the  system  of  irresponsi- 
ble exaction  and  petty  provincial 
tyranny,  which  has  so  long  dis- 
graced the  Turkish  name;  who  is 
conscious  that  his  people  are  far 
behind  the  subjects  of  his  Chris- 
tian foes  in  all  the  arts  of  life, 
even  the  art  of  war,  the  peculiar 
boast  and  pride  of  the  Ottoman  ; 
— this  ambitious  ruler  is  anxious 
to  place  his  empire  on  a  level  with 
the  great  powers  of  Christendom. 
Many  of  his  reforms  come  in  col- 
lision with  the  interest  of  the 
powerful  dependents  of  the  Porte 
in  the  distant  pachalics  ;  many 
others  offend  the  prejudices  of  the 
well  disposed,  but  bigotted  and 
ignorant,  among  the  subjects  of 
his  authority  in  every  part  of  the 
Empire. 

A  strong  example  of  his  con- 
version to  the  maxims  and  prac- 
tices of  civilized  Europe,  is  an 
order  issued  by  him,  for  the  re- 
lease of  all  Christians  made  slaves 
in  consequence  of  the  Greek  rev- 
olution. This  may  be  consider- 
ed as  purely  a  political  measure, 
not  especially  in  conflict  with  the 
religious  prejudices  of  the  Turks ; 
but  the  imperial  decree  of  Feb- 
ruary llth  1831,  strikes  directly 
at  the  gross  intolerance  and  relig- 
ious self-sufficiency  of  the  Ma- 
hometans. It  deserves  to  be 
quoted  for  the  liberal  and  enlight- 


ened spirit  it  breathes.  *  Greeks^ 
Armenians,  Armenian  Catholics, 
and  Jews,'  it  says,  ^  shall,  from 
henceforth,  in  common  with  the 
Turks  and  Moslems,  be  equal 
before  the  law.  No  Moslem 
shall,  in  future,  have  any  prefer- 
ence, or  enjoy  any  superior  rights, 
in  consequence  of  his  being  a 
Moslem ;  for,  according  to  the 
opinion  of  the  Sultan,  all  form 
but  one  family, — but  one  body, — 
whatever  may  be  the  private  creed 
of  each  of  his  subjects ;  and  this 
is  a  matter  only  concerning  the 
consciences  of  men,  who  ought 
not  to  be  called  to  account  fc)r 
their  religion  to  any  one  but  God.' 
However  adverse  the  doctrine 
may  be  to  the  exclusive  and  per- 
secuting spirit,  by  which  the  Ma- 
hometan religion  was  originally 
propagated  and  established,  there 
can  be  no  doubt  of  its  being  the 
best  adapted,  at  the  present  time, 
for  the  lasting  good  of  the  Otto- 
man Empire,  and  the  permanen- 
cy of  the  dominion  of  the  Turks, 
either  in  Europe  or  Asia.  As 
connected  with  the  sarne  pecu- 
liarity of  Mahmoud's  policy,  it 
should  be  mentioned,  that,  in  an- 
nexing Candia  to  the  pachalic 
of  Egypt,  Mahmoud  authorised 
the  Greek  Patriarch  to  designate 
suitable  persons  to  fill  the  bishop- 
rics and  other  ecclesiastical  dig- 
nities of  the  island.  And  his  so- 
licitude to  consult  the  reasonable 
wishes  of  the  Christians  in  other 
parts  of  the  Empire,  has  been 
equally  marked. 

His  anxiety  to  reform  the  dis- 
cipline, equipment,  and  organiza- 
tion of  his  troops,  we  have  had 
occasion  to  record  heretofore. 
The   repugnance   of  the   troops 


GREECE  AND  TURKEY. 


165 


themselves  to  submit  to  the  new 
regulations,  has  always  constitut- 
ed a  serious  obstacle  to  his'  ])ro- 
gress  in  this  respect.  The  Eu- 
ropean costume  and  European 
discipline  scandalize  the  ignorance 
and  pride  of  the  Turks,  who  can- 
not distinguish  between  the  relig- 
ion and  the  barbarism  which  they  • 
inherit  from  their  forefathers,  and 
who  think  that  the  maintenance 
of  the  former  depends  upon  the 
perpetuity  of  the  latter,  even  in 
the  dress  and  equipments  of  the 
army,  quite  as  much  as  in  funda- 
mental articles  of  faith.  These 
feelings  contribute  to  the  continu- 
ed existence  of  materials  of  dis- 
cord and  civil  commotion  in  the 
Turkish  Empire ;  but  its  recent 
troubles  have  arisen  more  imme- 
diately from  the  operation  of  Mah- 
moud's  improvements  upon  the 
great  functionaries  of  the  Empire. 
Mahmoud's  first  object,  very 
naturally,  was  to  give  European 
efficiency  to  his  troops,  the  main 
dependence  of  every  despotism  in 
every  age,  whether  Pagan,  Ma- 
hometan, or  Christian.  This  was 
equally  essential  to  the  protection 
of  his  Empire  against  foreign  ag- 
gression, and  of  himself  against 
domestic  foes.  Next  to  this,  it 
was  all  important  to  reform  the 
civil  and  military  administration 
of  the  provinces,  the  abuses  in 
which  constituted  the  chief  caus- 
es of  the  decay  and  degradation 
of  Turkey.  To  this  end,  he  la- 
bored to  make  the  armies  every- 
where directly  responsible  to  the 
head  of  the  Empire,  as  in  civiliz- 
ed Europe,  instead  of  allowing 
them  to  be  the  means  of  local  in- 
dependence to  the  various  pa- 
chas. He  has  been  anxiously 
15 


endeavoring,  also,  to  impart  fixed- 
ness and  regularity  to  the  finances 
of  the  Empire, — to  make  the  rev- 
enue depend  on  the  collection  of 
the  imports  by  accountable  agents, 
instead  of  being  received  through 
the  arbitrary  exactions  of  the  pa- 
chas, and  instead  of  being  a 
share,  as  it  were,  of  the  spoils 
they  pillaged  from  the  people. 
In  the  new  state  of  things,  at 
which  he  has  been  aiming,  the 
military  authority  in  the  provin- 
ces "wou.ld  be  separated  from  the 
civil  administration  ;  the  pachas 
would  receive  specific  limited  ap- 
pointments, instead  of  being  left 
to  desolate  their  governments  by 
arbitrary  exactions ;  the  domestic 
organization  of  the  Empire,  in 
short,  would  be  made  to  resem- 
ble that  of  civilized  communities 
in  general,  instead  of  being  a 
a  monstrous  anomaly,  a  by-word 
of  tyranny  and  misrule  in  all  Eu- 
rope. 

The  successful  accomplishment 
ot  these  invaluable  reforms  would 
be  a  blessing,  beyond  all  calcula- 
tion, to  the  subjects  of  the  Porte. 
But  their  introduction  is  fatal  to 
the  consequence  of  the  pachas. 
From  being,  as  it  were,  mighty 
princes,  with  full  power  to  enrich 
th  eraselves,  if  they  please,  by  the 
strip  and  waste  of  the  provinces 
they  govern ;  or  with  the  means 
of  rendering  themselves  practical- 
ly independent  of  their  master, 
like  Djezzar,  Pacha  of  Acre,  or 
Ali,  Pacha  of  Joannina  : — instead 
of  being  thus  situated,  they  will 
be  reduced  to  simple  governors 
of  provinces,  with  but  temporary, 
or  at  any  rate  well  defined,  pow- 
er, and  completely  subject  to  the 
authority  of  the  Sultan.     These 


166 


ANNUAL  REGISTER,  1830—31, 


considerations  are  assigned  as  the 
explanation  of  the  distracted  state 
of  some  of  the  Turkish  provin- 
ces, and  the  open  rebellion  of 
others.  In  Europe,  the  most 
alarming  and  serious  revolt  was 
that  of  the  Pacha  of  Albania. 
But  the  troubles  in  Rumelia  and 
elsewhere,  occasioned  by  the 
Pacha  of  Albania,  great  as  they 
were,  yielded  in  consequence  to 
those  in  the  eastern  extremity  of 
the  Empire,  where  Daoud,  the 
Pacha  of  Bagdad,  raised  the 
standard  of  rebellion.  In  conse- 
quence of  this,  the  Pacha  of  Alep- 
po was  charged  to  assemble  all 
his  disposable  forces  in  Asia  Mi- 
nor, and  march  against  Daoud. 
And  lest  his  resources  should 
prove  insufficient,  the  Viceroy  of 
Egypt  was  desired  to  send  rein- 
forcements from  Egypt,  with  a 
promise  of  the  pachalic  of  Syria 
as  the  recompense  of  his  services. 
These  preparations  enabled  the 
Porte  to  overcome  Daoud  in  a 
battle  before  Moussoul,  and  to 
drive  him  into  the  citadel  where 
he  was  beseiged. 


Thus  every  year  has  added  to 
the  power  of  the  Egyptian  Vice- 
roy. Egypt  was  acquired  by  this 
fortunate  and  aspiring  soldier  in 
spite  of  the  opposition  of  the 
Porte..  He  carried  his  arms  into 
Nuba,  Fezzan,  and  Sennaar. 
The  schism  and  revolt  of  the 
Wahabees  in  Arabia  proved  too 
much  for  the  Sultan  to  cope 
with;  and  his  great  vassal,  after 
vanquishing  the  rebels,  became 
the  ruler  of  the  country,  which 
he  had  subjugated  anew  in  the 
name  of  the  Sultan.  Candia  fol- 
lowed, at  the  conclusion  of  the 
Greek  war,  falling  into  the  hands 
of  the  Viceroy,  quite  as  much 
from  the  incapacity  of  the  Sultan 
to  retain  it  of  himself,  as  -on  ac- 
count of  the  merits  and  losses  of 
Ali,  in  the  contest  with  Greece. 
The  introduction  of  his  arms  into 
the  affairs  of  the  Levant  could  not 
fail,  as  the  result  has  demonstra- 
ted, to  have  important  influence 
on  the  afiairs  of  the  Turkish  Em- 
pire. But  the  events  of  the  war 
in  Syria  belong  to  the  history  of 
another  year. 


CHAPTER  IX. 


POLAND. 

Frequency  of  Revolutions. — Partition  of  Poland. — lis  Effects. — 
Policy  of  Napoleon. —  The  Polish  Legion. — The  Dutchy  oj 
Warsaw. —  Congress  of  Vienna. — Poland  subjected  to  Russia. — 
Alexander's  Charter. —  Tyranny  of  the  Russians. — Conspiracy 
of  1825. — Oppression  of  Nicholas. — New  Conspiracy. — Effect 
of  the  French  Revolution. — Designs  of  Nicholas. —  Commence- 
ment of  the  Revolution. 


The  present  generation  has 
grown  familiar  with  the  dismem- 
berment of  kingdoms,  and  the 
forcible  disposition  of  states  and 
provinces,  according  to  the  ca- 
price of  selfish  alliances  or  irre- 
sponsible conquerors.  We  have 
seen  Italy,  Switzerland,  and  the 
Netherlands  conquered  by,  or  an- 
nexed to,  France ;  Spain,  Portu- 
gal, Sardinia,  Prussia,  and  half 
the  principalities  and  kingdoms 
of  Germany,  subjugated  by  Na- 
poleon ;  Finland  torn  from  Swe- 
den, and  Normandy  joined  to  it, 
by  the  fiat  of  others ;  and  all  con- 
tinental Europe  prostrated  before 
the  feet  of  a  mere  soldier  of  for- 
tune. Again,  we  have  seen  the 
tide  of  conquest  driven  back  ; 
France  stripped  of  her  acquisi- 
tions, and  these  arbitrarily  dis- 
tributed here  and  there,  just  as 
sundry  great  allies  considered 
meet ;  Belgium  and  Holland  tied 
together  in  Mezentian  bonds  ; 
Prussia  once  more  supreme  from 
the  Rhine  to  the  Merael ;  Lom- 
bardy  engorged  again  by  the  suc- 
cessors of  Frederic  Barbarossa  ; 


France  and  Naples  restored  by 
a  dash  of  the  pen  to  the  dynasties 
they  hated  and  despised ;  and  un- 
happy Poland  yielded  up  anew 
to  the  tender  mercies  of  the  Czar. 
Later  still,  the  invasion  of  Savoy 
and  Naples  by  the  Austrians,  of 
Spain  by  the  French,  and  of 
Portugal  by  the  English,  in  or- 
der to  give  ascendancy  to  partic- 
ular parties,  and  to  sustain  some 
internal  modification  of  govern- 
ment, agreeable  to  the  will  of 
their  officious  ally,  have  borne 
further  testimony  to  the  nature 
and  qualities  of  European  inde- 
pendence. The  Sultan,  again, 
has  been  obliged  to  submit  to  the 
dismemberment  of  his  Empire  to 
gratify  the  wishes  of  his  friends, 
and  the  severed  member  has 
been  compelled  to  accept  of  such 
a  government,  and  such  rulers, 
as  the  same  kind  friends  might 
choose  to  impose.  Even  at  the 
present  time,  Europe  is  witness- 
ing the  spectacle  of  what  wa.<i 
once  among  her  most  important 
states,  namely,  Holland,  compel- 
led to  forego  her  rights  as  a  na- 


J  68 


ANNUAL  REGISTER.  le^O— :3I. 


tion,  at  the  dictation  of  the  pow- 
erful neighbors  around  her.  Ma- 
ny other  examples  to  the  same 
efTect  might  be  cited,  interposi- 
tions of  some  partial  alliance  or 
potent  monarch  to  change  the 
destinies  of  entire  nations  and 
peoples,  occasionally,  it  is  true,  in 
the  interest  of  liberty  and  im- 
provement, but  more  frequendy 
to  advance  the  interests  of  des- 
potism and  usurpation.  Such 
continual  bouleversemens  among 
the  states  of  Europe,  effected  by 
foreigners  without  consultation  of 
the  desires  of  the  parties  acted 
upon,  have  served  to  blunt  the 
delicacy,  and  deaden  the  sensi- 
tiveness, of  the  public  feeling  in 
regard  to  revolutions  affecting  the 
nationality  of  a  people. 

But  it  was  not  so  in  former 
times.  To  maintain  the  balance 
of  power  in  Europe,  as  it  was 
phrased,  Flanders  was  filled,  in 
the  days  of  Marlborough  and  Tu- 
renne,  with  contending  armies  for 
many  successive  years,  when  the 
whole  territory  in  dispute  was 
but  a  tithe  of  what  has  since  been 
given  to  this  prince,  or  taken  from 
that,  as  carelessly  and  unrespec- 
lively  as  the  ancient  Persian  kings 
were  used  to  distribute  cities 
among  favorites  about  the  throne, 
or  as  Rome  made  and  unmade 
kings  in  the  Asiatic  provinces  of 
her  Empire.  What  treasure  was 
lavished,  how  much  blood  was 
shed,  to  prevent  a  testamentary 
devise  in  favor  of  the  grandson  of 
Louis  XIV.  from  taking  effect ! 
— The  permanency,  the  un- 
changeableness  of  states,  was  then 
the  dominant  idea  among  states- 
men ;  all  the  acts  of  diplomacy 
were  aimed   to  accomplish  this 


object,  by  such  combinations  of 
one  set  of  governments,  as  should 
prevent  others  from  acquiring  too 
large  share  of  the  soil  of  Europe. 
Even  the  gradual  increase  of 
Prussia,  although  seemingly  in 
violation  of  this  principle,  was  in 
fact  a  consequence  of  it,  the 
growth  of  the  House  of  Branden- 
burg being  countenanced  to  se- 
cure the  equipoise  of  the  Ger- 
manic confederation. 

It  was  in  such  a  state  of  pub- 
lic opinion,  that  Europe  saw  the 
three  north-eastern  monarchies, 
Austria,  Prussia,  and  Russia, 
combine  for  the  partition  of  Po- 
land, thus  breaking  down  the 
doctrine  of  the  status  in  quo,  that 
common  law  in  Europe,  by  which 
alone  the  weaker  powers  subsist- 
ed, and  setting  an  example  of  un- 
principled rapacity,  of  which  they 
themselves  were  destined  to  be 
the  future  victims.  The  western 
powers  of  Europe  seemed  to  be 
astounded  and  stupified,  rather 
than  shocked  and  aroused  as  they 
ought  to  have  been,  by  the  high- 
handed and  flagitious  violation  of 
the  national  sovereignty  of  the 
Poles  ;  and  the  indignation  of 
En2;land  and  France  evaporated 
in  idle  and  fruitless  popular  sym- 
pathy with  the  sufferers.  The 
monstrous  injustice  of  the  act  in 
quesdon  shocked,  it  is  true,  the 
whole  of  Europe,  to  a  degree 
proportioned  to  the  sacredness 
which  was  then  attached  to  the 
idea  of  nationality.  Poetry  ex- 
hausted all  her  invention,  and 
philosophy  poured  out  her  stores 
of  eloquence,  in  malediction  of 
the  leagued  oppressors.  But  the 
Poles  were  left  to  fight  the  bat- 
tles of  their  independence  single- 


POLAND. 


169 


handed;  and  this  gallant  and 
free-spirited  nation,  which,  within 
less  than  a  century,  has  number- 
ed a  population  of  twenty  million 
souls,  was  swallowed  up  and  des- 
troyed after  a  desperate  struggle, 
by  the  bearded  barbarians  of 
Muscovy  and  the  hereditary  slaves 
of  Prussia  and  Austria. 

When  the  shameless  coalition, 
which  partitioned  Poland,  was 
suffered  to  go  unpunished,  the 
moral  sense  of  Europe,  in  regard 
to  the  integrity  of  national  sover- 
eignty, was  extinguished.  We 
saw  the  effects  of  this  in  the  fa- 
cility with  which  revolutionary 
France  overran  the  Netherlands, 
the  Rhine,  and  Italy.  In  the  re- 
cent rapacity  of  legitimate  empe- 
rors, Napoleon  could  not  fail  to 
find  apology,  at  least,  for  his  own 
disregard  of  the  rights  of  nation- 
ality. How  could  Prussia  appeal 
to  the  sympathies  of  Europe  in 
her  behalf,  with  the  fresh  blood 
of  the  injured  Poles  yet  reeking 
on  her  hands  ?  How  could  Aus- 
tria complain  of  provinces  ravish- 
ed from  her  sceptre  on  the  south, 
when  her  northern  frontier  was 
pieced  out  with  the  ill-gotten 
fragments  of  plundered  Poland  ? 
How  could  Russia  object  to  the 
extension  of  Empire  by  unpro- 
voked invasion,  when  she  herself 
had  set  up  a  school  in  Poland  for 
the  teaching  of  lessons  of  invasion, 
outrage,  tyranny,  and  profitable 
crime  ? — Sure  we  are,  that,  until 
they  themselves  were  just,  those 
three  governments  had  no  right 
to  call  on  others  to  be  generous. 
If  that  mighty  genius,  whom  the 
interested  calumnies  of  a  volunta- 
ry enemy  so  long  prevented  from 
15* 


being  duly  appreciated, — if  Na- 
poleon,   after  humbling  Austria, 
subduing  Prussia,  and  intimidating 
Russia,    had    made   the  reinte- 
gration of  Poland  the  hinge  of 
his  northern  policy,  how  nobly 
would    he    have    avenged     the 
wrongs  of  the  Poles,  how  trium- 
phantly would  he  have  sustained 
himself,  how  totally  different  from 
its    present    aspect    would   now 
be    the   condition  of  Europe  ! — 
Napoleon  possessed  ample  op- 
portunity to  revive  the  Polish  na- 
tion, and  to  render  it  the  bulwark 
of  western   Europe   against   the 
Russians,  as  it  had  formerly  been 
against   the   Turks.      After   the 
final  defeat  of  Kosciuscko  in  the 
batde  of   Maceiowice,  the  scat- 
tered relics  of  the  armed  Poles 
were  united   together  by  Dom- 
browski,  one  of  the  most  eminent 
among  the  Polish  patriots,  who 
offered  their  services  to  France, 
not  as  mere  mercenary  auxiliaries, 
but  as  an  expatriated  nation,  who 
wished  to  maintain  their  national- 
ity under  the  banner  of  the  only 
country,  of  whom  they  could  ex- 
pect the  recompense  they  looked 
for,  namely,   the   restoration   of 
Poland.     They  were  joyfully  re- 
ceived, to  the  number  of  1 5,000, 
into  the  armies  of  the   French 
Republic,  and  proved  the  bravest 
among  the  brave  in  the  ranks  of 
those    victorious   legions,   which 
planted  the  tricolored  flag  on  eve- 
ry cathedral  in  Europe,  and  cov- 
ered the  French  name  with  glo- 
ry.     In    Italy,    Egypt,    Spain, 
Germany,  Prussia,  wherever  Na- 
poleon advanced  his  eagles,  the 
Poles  were  always  to  be  found,^ 
anxious  only  to  perpetuate  the 


170 


ANNUAL  REGISTER,  1830—31. 


individuality  of  their  nation,  and 
glad  to  die  so  that  on  some  future 
day  Poland  might  live.  A  junta, 
or  committee  ol  Poles  continued 
to  sit,  either  in  Italy  or  France, 
which  scrupulously  observed  the 
rules  of  the  Diet,  in  order  that 
the  existence  of  the  nation  might 
not  be  suspended,  nor  the  sacred 
flame  of  Polish  independence  be 
quenched  for  a  moment.  On 
every  tield  of  victory,  wherever 
the  thanks  of  the  French  nation 
were  presented  to  the  gallant 
Polish  legion,  Dombrowski  never 
failed  to  remind  France  of  the 
reward,  to  which  they  aspired. 
They  fought  for  France,  with  all 
the  courage  and  enthusiasm  >which 
characterize  them ;  but  it  was  in 
their  country's  behalf  that  they 
poured  out  their  blood  so  freely. 
At  Marengo  and  Wagram,  at  Je- 
na and  Austerlitz,  it  was  still  for 
Poland  they  conquered. 

Although  Napoleon  never  did 
justice  to  the  merits  and  virtues 
of  the  Poles, — merits  and  virtues 
of  which  no  man  was  more  con- 
scious, and  of  which  he  availed 
himself  on  the  most  trying  occa- 
sions,— yet  he  could  not  always 
resist  the  prayers  of  this  heroic 
people.     During  his   triumphant 
career  in  Prussia,  it  was  in  his 
power  to  have  redeemed  Poland. 
Especially   in    1812,   when    his 
victorious  armies  occupied  Wil- 
na,  the  Poles  looked  to  him  for 
the   accomplishment   of   all   the 
promises  of  France  in  their  be- 
half.    But  unfortunately  for  him- 
elf,  as  well  as  for  them,  success 
ad  hardened  him  to  the  calls  of 
enerosity,  and  in  the  selfish  cal- 
ulations  of  his  own  personal  poli- 


cy, he  but  half  met  the  ardent 
expectations  of  the  Poles.  In- 
stead of  re-establishing  the  king- 
dom of  Poland,  he  had  merely 
formed  the  grand  dutchy  of  War- 
saw, composed  of  five  depart- 
ments taken  from  Austria,  and 
seven  from  Prussia,  and  compre- 
hending a  population  of  4,834,- 
656  souls.  Although  the  Poles 
were  disappointed,  and  with  just 
cause,  at  the  want  of  generosity, 
as  well  as  good  policy,  displayed 
in  these  arrangements,  yet  they 
were  thankful  for  the  boon  they 
received,  and  felt  that  dieir  suf- 
ferings and  sacrifices  had  not 
been  in  vain.  They  were  once 
more  a  people,  with  a  home  and 
a  name,  and  they  were  unspeak- 
ably grateful  for  the  blessing. 

Of  course,  the  Poles  did  not 
fail  to  stand  by  Napoleon,  in  his 
desperate  conflict  with  Russia, 
and  they  were  the  joint  victims 
of  his  defeat,  as  they  would  have 
been  the  participators  in  his  suc- 
cess. When  the  Russians  occu- 
pied the  dutchy  of  Warsaw  in 
1813,  they  hastened  to  conclude 
with  Prussia  and  Austria  one 
more  treaty  of  partition,  by  which 
the  Czar  was  to  have  yet  anoth- 
er share  of  Poland.  But  the 
further  events  of  the  campaign 
prevented  the  execution  of  this 
treaty  ;  and  the  fate  of  the  Poles 
came  up  for  consideration  in  the 
Congress  of  Vienna.  The  victo- 
rious allies  were  assembled  to 
dispose  of  the  multitude  of  states, 
which  they  had  torn  from  the 
authority  or  influence  of  Napole- 
on. More  than  thirty  millions  of 
human  beings,  inhabitants  of  Po- 
land, Germany,  the  Netherlands 


POLAND. 


171 


and  Italy,  were  to  receive  their 
doom  from  the  hands  of  individu- 
als, whose  alliances  and  victories 
had  raised  them  above  all  con- 
siderations of  responsibility,  and 
made  them  totally  independent  of 
the  feelings  of  so  many  unappro- 
priated nations.  Forgetting  that 
they  were  in  arms  for  the  purpose 
of  punishing  usurpation  and  un- 
justified conquest,  they  proceed- 
ed to  exercise  like  tyranny,  in  a 
manner  still  more  flagrantly  re- 
volting to  public  justice.  Their 
arbitrary  appropriation  of  the 
Poles  did  not  stand  alone  ;  but 
there  are  peculiar  circumstances 
attending  it,  which  aggravate  the 
atrocity  manifested  by  Russia, 
from  beginning  to  end,  towards 
this  unfortunate  people. 

It  was  from  the  spoils  of  Aus- 
tria, and  Prussia,  as  we  have  stat- 
ed, that  the  grand  dutchy  of 
Warsaw  was  constituted.  Had  Al- 
exander been  true  to  his  own  princi- 
ples, he  would  certainly  have  laid 
no  claim  to  this  territory,  which 
had  never  belonged  to  his  Em- 
pire, and  which,  if  it  was  not  to 
be  rendered  independent,  should 
have  been  restored  to  its  former 
possessors.  Lord  Castlereagh, 
in  behalf  of  England,  strenuously 
insisted  that  the  kingdom  of  Po- 
land should  be  restored.  He  right- 
ly represented  it  as  the  earnest 
desire  of  his  country  to  see  '  some 
independent  power  established  in 
Poland,  as  a  separation  between 
the  three  great  empires  of  Eu- 
rope.' Talleyrand  expressed  the 
same  wish  in  behalf  of  France, 
which  he  represented.  He  said 
that  '  Of  all  questions  to  be  dis- 
cussed at  this  Congress,  he  con- 


sidered the  affairs  of  Poland  as 
incomparably  the  most  important 
to  the  interests  of  Europe,  if 
there  was  any  chance  that  this 
nation,  so  worthy  of  regard  for 
its  antiquity,  its  valor,  its  misfor- 
tunes, and  the  services  which  it 
has  formerly  rendered  to  Europe, 
might  be  restored  to  complete 
independence.  The  partition, 
which  destroyed  its  existence, 
was  the  prelude,  in  some  meas- 
ure the  cause,  perhaps  even  to  a 
certain  extent  the  apology,  for 
the  subsequent  commotions,  to 
which  Europe  has  been  exposed.' 
Metternich  cordially  entered  into 
the  views  of  the  English  and 
French  plenipotentiaries,  and  was 
willing  even  to  surrender  a  por- 
tion of  the  Austrian  territory,  if 
requisite  for  the  re-establishment 
of  Poland  as  an  independent 
kingdom.  These  honorable  and 
useful  purposes  of  England, 
France,  and  Austria,  were  defeat- 
ed by  the  selfish  rapacity  of  the 
Emperor  of  Russia. 

Alexander  had  taken  advantage 
of  the  single  darling  passion  of 
the  Poles,  their  desire  of  a  sepa- 
rate national  existence,  to  draw 
them,  by  fair  promises,  into  the 
expression  of  good  will  towards 
him,  and  thus  render  them  ac- 
complices in  their  own  ruin. 
Meanwhile,  his  troops  now  occu- 
pied the  grand  dutchy,  as  they 
had  continued  to  do  ever  since 
the  expulsion  of  the  French. 
Under  these  circumstances,  he  in- 
sisted that  Poland  should  be  in- 
corporated with  the  Russian  Em- 
pire ;  and  as  the  other  powers 
could  only  prevent  this  by  run- 
ning the  hazards  of  a  new  war, 


172 


ANNUAL  REGISTER,  1830-31. 


they  reluctantly  yielded  to  the 
iniquitous  demands  of  Alexander. 
But  they  did  not  acquiesce,  with- 
out a  solemn  protest  in  favor  of 
the  independence  and  civil  rights 
of  the  Poles.  Lord  Castlereagh, 
especially,  assumed  a  stand  in  re- 
gard to  Great  Britain,  which 
amounted  to  an  honorary  engage- 
ment of  his  country,  to  see  that 
the  Poles  were  fairly  treated  by 
Russia.  He  exacted  of  the  sov- 
ereigns, by  whom  the  various 
fragments  of  the  Polish  monarchy 
were  now  held,  a  pledge  *  that 
the  Poles  in  their  respective  do- 
minionsj  under  whatever  form  of 
government  they  might  think 
proper  to  place  them,  should  still 
be  treated  as  Poles.'  They  each 
solemnly  pledged  themselves  to 
this  effect,  as  well  to  each  other, 
as  to  England,  and  embodied 
their  engagements  in  the  final  act 
of  the  Congress. 

By  the  first  article  of  the  trea- 
ty of  Vienna,  then,  the  grand 
dutchy  of  Warsaw  was  transfer- 
red, under  the  title  of  the  king- 
dom of  Poland,  to  the  Emperor 
of  Russia  forever ;  it  being  stipu- 
lated at  the  same  time  that  '  the 
Poles,  the  respective  subjects  of 
Russia,  Austria,  and  Prussia,  shall 
obtain  a  national  representation 
and  national  institutions,  framed 
according  to  the  mode  of  political 
existence ;  which  each  of  the  gov- 
ernments to  which  they  belong, 
shall  judge  useful  and  proper 
to  grant.' — Prussia  and  Aus- 
tria wholly  disregarded  this  en- 
gagement, but  Russia  flattered 
the  Poles  with  a  constitution  upon 
paper,  only  to  await  her  own 
time  to  govern  them  as  she  pleas- 
ed, without  regard  to  the  privi- 


leges of  their  charter.  During 
the  progress  of  these  negociationsj 
Alexander  was  incessantly  en- 
deavoring to  conciliate  the  Poles 
by  professions  of  the  greatest  re- 
gard for  their  welfare  as  a  nation,, 
and  by  acts  of  courtesy  and  kind- 
ness towards  prominent  individu- 
als. His  charter  was  promulga- 
ted in  18 J  5,  and  contained  pro- 
visions, which,  if  observed  by  him 
and  by  Nicholas,  would  have  se- 
cured the  fidelity  and  attachment 
of  the  Poles.  It  assured  to  them 
a  governor,  to  be  called  Lieuten- 
ant of  the  kingdom,  who  should 
be  selected  from  among  their  own 
people.  It  promised  them  ex- 
emption from  arbitrary  arrest, 
guarantied  the  liberty  of  the 
press,  and  limited  to  the  Poles 
all  employments,  civil  and  milita- 
ry, within  their  own  country. 
To  gratify  the  national  feeling  of 
the  Poles,  it  was  provided  that  the 
Polish  army  should  preserve  '  its 
colors,  its  uniform,  and  everything 
belonging  to  its  nationality.'  To 
complete  the  system  of  govern- 
ment, the  Poles  were  gratified 
with  p  Diet,  whose  deliberations 
were  to  be  public,  and  which  was 
to  assemble  every  two  years.  It 
consisted  of  two  chambers,  name- 
ly, the  Senate,  composed  of  nine 
bishops  and  of  palatines  and  cas- 
tellans nominated  for  life  by  the 
Emperor  out  of  a  double  list  pre- 
sented to  him  by  the  Senate  it- 
self,— and  a  lower  chamber,  com- 
posed of  seventy-seven  nuncios 
or  representatives  of  the  assem- 
blies of  nobility,  and  fifty-one  dep- 
uties of  communes.  Such  was 
the  constitution  of  the  new  king- 
dom, as  provided  by  the  charter. 
But  with  these  ample  nominal 


POLAND. 


173 


guarantees  of  their  independence, 
which  promised  them  all  that  in 
tlieir  circumstances  they  could 
expect,  if  not  all  they  desired, — 
the  Poles  ere  long  discovered  that 
they  possessed  no  real  indepen- 
dence. They  were  still  subject 
to  a  despot,  who  respected  their 
rights  just  so  far  as  suited  his 
convenience,  and  no  further.  In 
fact,  the  violations  of  the  charter 
were  as  strikingly  arbitrary,  as 
the  provisions  of  it  on  paper  were 
strikingly  just  and  equitable. 
The  Grand  Duke  Constantine 
being  stationed  in  Warsaw  as 
commandor  in  chief  of  the  army, 
there  was  an  end  of  the  liberty  of 
the  people,  and  of  the  indepen- 
dence of  the  PoHsh  Lieutenant 
General.  The  press  was  sub- 
jected to  a  rigid  police.  Ar- 
bitrary arrests,  imprisonments 
without  trial,  and  cruel  punish- 
ments, became  familiar  incidents 
among  the  oppressed  inhabitants 
of  Poland.  The  sittings  of  the 
Diet  were  interrupted  for  a  peri- 
od of  five  years.  Its  doors  were 
closed  by  order  of  Alexander 
himself.  At  the  very  first  meet- 
ing of  the  Diet,  a  decision  was 
promulgated  that  its  members 
must  submit  in  all  things  to  the 
will  of  the  Grand  Duke,  and  to 
make  sure  of  their  obedience,  the 
palace  of  the  Diet  and  its  galleries 
were  filled  with  armed  guards. 
The  city  was  overrun  with  spies, 
and  no  means  of  extortion  and 
oppression  were  spared,  to  break 
down  the  spirit,  and  extinguish 
the  independent  feeling  of  the 
Poles.  Finally,  the  army  was 
subjected  to  every  possible  indig- 
nity, so  that  the  most  patriotic 
Polish    officers    resigned     their 


commissions,  and  the  soldiers  fre- 
quently committed  suicide  to  es- 
cape from  the  military  tyranny  of 
Constantine. 

This  accumulation  of  injuries 
was  not  the  business  of  a  single 
year,  of  course,  nor  was  it  all  the 
work  of  Alexander.  It  is  to  be 
remembered  that,  from  the  be- 
ginning, Constantine,  whose  char- 
acter was  uniformly  represented, 
long  before  the  Polish  insurrec- 
tion, as  being  an  extraordinary 
specimen  of  fatuous  weakness  and 
brutal  ferocity,  was  the  virtual 
administrator  of  the  Russian  au- 
thority in  Poland.  The  Empe- 
ror Alexander  appears  to  have 
entertained  somewhat  friendly 
sentiments  towards  the  Poles,  al- 
though his  friendliness  was  not  of 
a  sufficiently  active  description  to 
preserve  them  from  the  oppres- 
sion of  his  subalterns,  nor  suffi- 
ciently disinterested  to  induce 
him  to  comply  with  his  own  en- 
gagements or  fulfil  the  expecta- 
tions of  Europe,  in  regard  to  the 
promised  independence  of  Po- 
land. Hence  the  Poles  were, 
even  during  his  reign,  left  to  be 
vexed  and  misgoverned  by  the 
petty  despotism  of  Constantine, 
and  precluded  the  exercise  of  the 
constitutional  rights  assured  to 
them  by  their  charter.  We  state 
this  position  in  general  terms,  be- 
cause the  specification  of  particu- 
lar facts  would  draw  us  beyond 
the  proposed  limits  of  our  narra- 
tive. Still,  the  position  itself  is 
undeniably  true,  and  abundant 
testimony  to  this  effect  has  been 
published  in  various  forms  since 
the  commencement  of  the  insur- 
rection. No  impartial  reader, 
who  chooses  to  consult  the  prop- 


174 


ANNUAL  REGISTER,  1830—31. 


er  authorities  for  information,  can 
fail  to  obtain  entire  conviction 
upon  the  subject.  The  Polish 
Diet  had  been  revived  in  name, 
but  not  in  substance ;  the  body  of 
a  deliberative  assembly  existed, 
but  not  the  soul;  it  was  but  a 
mockery  of  independence  to  the 
brave  inheritors  of  the  name,  sen- 
timents, and  glorious  recollections 
of  Poland.  The  charter  was  in 
truth  a  stately  and  solemn  trick 
elaborately  devised  for  the  mysti- 
fication of  Europe,  who  had  pro- 
tested as  with  one  voice  against 
the  annexation  of  Poland  to  Rus- 
sia, and  whom  it  was  deemed 
wise  to  quiet  by  seeming  conces- 
sion. So  much  for  the  national 
independence  ;  and  as  for  the  lib- 
erty of  the  subject,  it  is  equally 
certain  that  the  Poles  were  no 
otherwise  distinguished  from  oth- 
er subjects  of  the  Muscovite  scep- 
tre, than  as  their  attachment  to 
free  institutions  rendered  them  a 
constant  object  of  surveillance, 
pillage,  and  oppression,  to  their 
jealous  master,  from  which  the  well 
tutored  slaves  of  his  hereditary 
possessions  were  of  course  ex- 
empted. Such  was  the  state  of 
things  in  the  time  of  Alexander. 
The  consequence  of  this  was, 
that,  for  some  years  previous  to 
his  death,  plans  were  in  agitation 
among  the  Poles  for  emancipa- 
ting their  country.  Jablonowski, 
Krzyzanowski,  Plichta,  Debek, 
and  Soltyk  are  named  as  the  pat- 
riots, who,  in  1S21,  first  conceiv- 
ed the  idea  of  a  Polish  revolu- 
tion. Whilst  brooding  over  their 
wrongs,  and  thus  beginning  to 
contemplate  revolt,  they  were 
gratified  with  intelligence  of  the 


secret  organization  of  a  conspira- 
cy among  the  Russians  them- 
selves, for  throwing  ofif their  yoke, 
at  the  head  of  which,  were  Pes- 
tel,  Releiew,  Murawiew,  and  their 
associates.  The  two  separate 
sections  of  this  great  conspiracy 
met  at  Kiow  in  1824,  and  soon 
afterwards  at  Orla,  where  they 
were  combined  by  solemn  oaths 
for  the  prosecution  of  their  kin- 
dred purposes.  The  Russians 
promised  to  the  Poles  the  resus- 
citation of  Poland  by  the  surren- 
der of  its  ancient  provinces ;  and 
each  nation  pledged  itself  to  the 
other  to  maintain  eternal  friend- 
ship. They  fixed  upon  the  twen- 
ty-fifth anniversary  of  the  acces- 
sion of  Alexander,  May  1826.  for 
the  breaking  out  of  the  revolution. 
On  that  day,  the  whole  imperial 
family  were  to  assemble  at  Biala- 
Cerkiew  in  Volhynia,  to  celebrate 
the  anniversary  of  his  coronation  ; 
and  the  occasion  was  embraced, 
as  affording  the  means  of  secur- 
ing all  the  members  of  the  impe- 
rial family  at  once,  and  also  of 
gaining  over  the  troops,  which 
were  then  to  be  collected  on  the 
great  plain  of  the  Dnieper.  In 
the  interim,  the  conspirators 
dedicated  themselves  to  the  task 
of  obtaining  friends  to  their  cause 
in  Russia  and  Poland.  All  the 
arrangements  for  the  contemplat- 
ed rising  were  in  fact  made  with 
judgment  and  circumspection. 

But  an  unexpected  event  de- 
feated their  plans,  and  compelled 
them  to  select  another  occasion, 
and  devise  other  means  of  attain- 
ing their  end.  This  was  the  sud- 
den death  of  Alexander  at  Ta- 
ganrog in  December  1825,  which, 


POLAND. 


175 


while  it  compelled  the  associates 
to  alter  their  plans,  afforded  them 
grounds  of  hope,  upon  which  they 
had  previously  had  no  cause  to 
calculate.  The  Grand  Duke 
Constantine  had  been  obliged  in 
1823,  on  account  of  his  marriage 
with  a  Polish  lady,  to  renounce 
the  throne  of  Russia  in  favor  of 
his  younger  brother  Nicholas ; 
and  the  conspirators  might  well 
anticipate,  that  the  confusion  of  a 
disputed  succession  would  great- 
ly facilitate  their  designs.  We 
have  explained,  in  an  early  vol- 
ume of  our  work,  how  it  was  that 
this  projected  revolution  was  sup- 
pressed, and  the  punishment  in- 
flicted on  the  conspirators.  Their 
failure  was  the  immediate  pretext 
of  inflicting  innumerable  injuries 
upon  the  Poles.  In  Warsaw  the 
Grand  Duke  undertook  to  mani- 
fest his  horror  of  the  conspiracy, 
and  the  fidelity  of  his  attachment 
to  Nicholas,  by  superintending 
the  arrangements  for  the  trial  of 
the  criminals,  and  causing  them 
to  be  subjected  to  the  cruel  pun- 
ishments practised  in  the  Russian 
Empire.  Nicholas  was  crowned 
in  Warsaw  in  1828,  and  like  his 
predecessor,  swore  to  maintain 
the  constitutional  rights  of  the 
Poles.  But  his  oaths  were  de- 
ceitful and  hollow,  and  it  became 
apparent  that  all  Poland  was  to 
be  punished  for  what  a  few  had 
attempted,  and,  if  possible,  the 
spirit  of  independence  thus  utter- 
ly crushed. 

It  would  be  impracticable,  as 
we  have  said,  to  enter  into  minute 
details,  to  illustrate  the  policy, 
which  Nicholas  either  command- 
ed or  permitted.    We  give  a  sin- 


gle example  only,  from  which  to 
judge  of  the  whole, 'as  we  find  it 
related  in  Hordynski's  History  of 
the  Revolution.  It  seems  that  a 
Jew,  called  Nowachowiez,  had 
obtained  a  monopoly  for  the  sale 
of  liquors  and  tobacco.  A  poor 
day-laborer,  who  had  been  appre- 
hended for  a  breach  of  this  mo- 
nopoly, escaped  and  sought  shel- 
ter on  the  estate  of  a  gentleman 
of  the  name  of  Biemacki ;  and, 
in  consequence  of  the  interposi- 
tion of  the  latter  to  prevent  the 
poor  man  from  being  grossly 
abused  by  the  pursuing  guards, 
the  myrmidons  of  the  police  were 
let  loose  upon  him  and  his  prop- 
erty. In  the  first  place,  a  de- 
tachment of  gen  d'armes  was  sent 
to  arrest  Biernacki,  and  to  con- 
vey him  like  a  common  criminal 
through  the  streets  of  Warsaw  to 
prison.  Next,  Nowachowiez 
succeeded  in  obtaining  from  the 
Grand  Duke  a  squadron  of  200 
Russian  hulans,  who  were  quar- 
tered on  the  estate  of  Biemacki 
for  a  week,  in  execution,  as  it  is 
termed.  '  The  Russian  soldiers 
took  possession  of  all  the  build- 
ings on  the  estate.  In  the  apart- 
ments, which  they  used  for  bar- 
racks, they  broke  all  the  lustres, 
furniture,  pianos,  &ic.,  and  carri- 
ed in  their  straw  for  sleeping.  In 
the  court-yard  they  made  a  fire, 
for  which  they  used  the  pieces  of 
furniture  as  fuel.  They  took  the 
wheat  from  the  barns  to  feed  their 
horses,  and  butchered  the  cattle. 
In  short,  the  most  shameful  depre- 
dations and  excesses  were  com- 
mitted by  officers  and  soldiers, 
regardless  of  the  situation  of  the 
lady  of  this  nobleman,  who  was 


176 


ANNUAL  REGISTEU,  1830—31. 


confined  in  childbed,  and  who 
from  terror  miscarried,  and  for  a 
whole  year  was  in  danger  of  her 
life  from  the  consequences.  This 
barbarous  order  of  the  Grand 
Duke  ruined  the  fortune  of  this 
unhappy  man,  and  the  amount  of 
property  destroyed  may  be  esti- 
mated at  least  at  from  70,000  to 
80,000  gilders.  Biernacki  was 
imprisoned  for  a  whoW  year,  af- 
ter which  he  was  dismissed  to 
weep  over  the  sufferings  of  his 
wife  and  his  ruined  fortune.  The 
poor  offender  was  punished  with 
eight  hundred  blows  of  the  knot, 
of  which  he  died  in  a  few  days.' 
Such  was  the  system  of  adminis- 
tration, which  Constantino  appli- 
ed to  the  Poles. 

In  France,  or  England,  or  any 
country  where  public  measures 
are  a  subject  of  discussion  in  pub- 
lic debate  and  the  newspapers, 
a  course  of  monstrous  mal-ad- 
ministration  would  draw  after 
it  the  natural  consequence  of 
being  denounced  in  the  press 
and  the  tribune,  and  the  people 
would  be  gradually  wrought  up 
to  the  proper  pitch  of  resolution 
for  redressing  their  grievances,  by 
constitutional  or  other  means. 
In  absolute  governments,  where 
freedom  of  the  press  does  not  ex- 
ist, and  freedom  of  speech  is 
suppressed  by  means  of  organiz- 
ed espionage,  the  same  result  is 
reached  by  the  medium  of  secret 
conspiracies.  Thus  was  it  in 
Poland  in  the  time  of  Alexander: 
— ^thus  it  was  there  again  in  the 
time  of  Nicholas. — Two  young 
Poles,  Wysocki  and  Schlegel. 
stimulated  by  the  example  of 
Soltyk  and  his  associates  in  1825, 
exerted  themselves  to  form  a  pat- 


riotic club,  which  kept  alive  the 
hope  of  independence  under  eve- 
ry discouragement,  w^aiting  only 
for  a  favorable  moment  to  rend 
asunder  the  chains  which  fetter- 
ed their  nation.  Five  years 
elapsed  before  anything  occurred 
to  fan  the  spark  into  a  flame. 
That  potent  influence,  which 
aroused  the  feelings  of  the  nation, 
and  quickened  into  madness  their 
sense  of  injustice  and  oppression, 
was  supplied  by  the  revolution  of 
the  Three  Days  in  France. 

It  is  inconceivable  what  extra- 
ordinary effect  that  revolution 
exercised  over  the  sympathies  of 
other  nations.  We  say  sympa- 
thies; for  it  was  only  through 
them  that  the  heroism  of  the  Par- 
isian populace  operated  upon  the 
inhabitants  of  Warsaw.  The 
Poles  and  the  French  had  no 
community  of  interest,  nor  any 
community  of  cause,  except  as 
each  aspired  after  freedom.  War- 
saw was  not  stirred  up  to  rebel- 
lion by  propagandists  of  liberal- 
ism from  the  revolutionary  schools 
of  Paris.  Nor  was  it  through 
French  influence,  persuasion,  in- 
ducement, or  advice,  that  Poland 
took  arms  against  her  Tartar  ty- 
rant. It  was  the  moral  effect  of 
the  barricades  of  Paris,  acting  up- 
on the  sympathetic  attachment  of 
the  Poles  to  liberty,  which  pro- 
duced commotion  in  Warsaw. 
This  moral  effect  was  discernible 
from  the  very  first  moment,  when 
intelligence  of  the  events  of  the 
three  days  was  received  in  the 
north.  A  great  battle  had  been 
fought  in  Paris  for  freedom,  and 
tyranny  had  shrunk  into  congeni- 
al obscurity  before  the  majesty  of 
the  awakened  people.   The  news 


POLAND. 


177 


came  upon  the  Poles  like  a  flash 
of  lightning.  It  roused  their  en- 
ergies, it  kindled  their  patriotism, 
it  excited  them  to  strike  a  blow 
themselves  in  the  good  cause, 
when  they  knew  their  ancient 
brothers  in  arms  to  be  fighting 
once  more  under  the  tri- colored 
flag.  But  Avhile  the  revolution  of 
the  Three  Days  filled  the  patriot- 
ic Poles  with '  enthusiastic  joy,  it 
was  in  the  same  degree  a  sound 
of  terror  to  the  Russian  oppres- 
sors of  Poland.  Constantino  and 
his  agents  redoubled  their  vigi- 
lance and  their  tyranny,  in  order 
to  keep  down  those  rising  ener- 
gies, which  they  saw  at  work  in 
the  breasts  of  the  agitated  Poles. 
Arrests  became  more  and  more 
numerous  every  week  ;  and  on  a 
single  day,  forty  students  were 
seized  in  their  beds,  and  consign- 
ed to  the  prisons. 

When  the  revolutionary  spirit 
was  communicated  from  France 
to  Belgium,  the  agitation  among 
the  Poles  acquired  new  intensity, 
but  the  revolution  was  precipita- 
ted in  Warsaw  less  by  the  effect 
of  the  Belgian  revolution  upon 
the  Poles,  than  by  its  effect  upon 
the  policy  of  Nicholas. — The 
Russian  despot  brought  insurrec- 
tion upon  himself  by  his  purpose 
of  interfering  to  suppress  it  in  re- 
mote countries,  no  wise  depend- 
ent upon  his  empire.  It  is  now 
an  authenticated  fact, — and  we 
trust  that  France,  the  Nether- 
lands, and  reformed  Britain,  will 
remember  it  as  they  value  their 
future  independence, — it  is  an 
authenticated  fact,  that  Nicholas 
had  entered  into  preparations,  in 
concert  with  Prussia  and  Austria, 
to  make  war  on  France  and  Bel- 
16 


gium  in  behalf  of  the  dethroned 
dynasties.  Modlin  and  Warsaw 
were  stored  with  the  requisite 
military  supplies  from  Russia. 
The  Polish  army  was  destined  to 
form  the  van-guard  of  the  expe- 
ditionary forces,  in  which  event 
Poland  would  have  been  occupi- 
ed immediately  by  Russian  troops, 
so  that  Poland  and  her  army  be- 
ing separated,  neither  could  act 
on  the  other,  and  each  must  have 
become  a  hostage  for  the  other's 
fidelity.  The  plan  was  an  inge- 
nious one,  it  must  be  avowed, 
which  should  have  made  the 
Poles  the  instruments  for  subju- 
gating themselves,  the  Belgians, 
and  the  French,  all  by  a  single 
effort.  The  patriotic  Poles  saw 
plainly  that  there  was  but  one  way 
to  prevent  this,  and  that  no  time 
must  be  lost  in  taking  their  meas- 
ures, if  they  would  anticipate  the 
departure  of  the  army,  as  the 
regiments  were  all  completed, 
and  the  orders  for  marching  ex- 
pected every  moment. 

The  time  for  action  had  now 
arrived :  that  for  deliberation  was 
passed.  Most  of  the  students  in 
the  civil  and  military  schools  were 
already  gained  over  to  the  cause 
of  revolution,  together  with  the 
young  Polish  officers  in  garrison 
at  Warsaw.  The  great  body  of 
the  citizens,  and  the  principal  no- 
bles and  men  of  distinction,  were 
counted  upon  as  friendly  to  the 
main  object  of  the  conspirators, 
but  do  not  appear  to  have  been 
consulted  by  them  previous  to  the 
breaking  out  of  the  insurrection 
To  have  done  it,  indeed,  would 
have  compromitted  the  safety  of 
the  best  among  the  Poles,  without 
accomplishing    any    useful    end 


178 


ANNUAL  REGISTER,  1830—31. 


Still  it  is  evrdent  that  all  Warsaw 
must  liave  anticipated  the  ap- 
proaching movement,  some  time 
before  it  actually  took  place ;  for 
it  was  impossible  to  mistake  the 
signs  of  the  times.  The  immedi- 
ate inducement  was  the  arrest  of 
eighty  young  students  under  the 
following  circumstances.  The 
patriotic  Poles  were  accustomed 
to  assemble  every  year  for  secret 
prayer  and  other  religious  rites,  in 
commemoration  of  the  melan- 
choly event  of  the  storming  of 
Praga  by  Suwarrow  in  1796, 
when  that  sanguinary  and  merci- 
less agent  of  tyranny  put  to  death 
30,000  of  the  inhabitants,  sparing 
neither  age,  sex,  nor  condition. 
The  Grand  Duke  had  prohibited 
all  public  commemoration  of  this 
day  of  sorrow :  but  he  could  not 
prevent  the  Poles  from  mourning 
in  secret  over  the  desolation  and 
abasement  of  their  country.  These 
eighty  students  were  detected  in 
their  forbidden  devotions,  and  ar- 
rested at  the  altar,  being  bound 
by  the  Russian  soldiers  as  they 
knelt;  for  they  disdained  to 
change  their  position,  when  the 
soldiers  entered  the  place  of 
prayer.  This  outrage  tilled  the 
measure  of  endurance  among  the 
patriots ;  for  the  news  of  it  spread 
through  Warsaw  w^ith  the  quick- 
ness of  thought,  and  prompted  the 
conspirators  to  fix  on  the  day  of 
vengeance  without  further  delay. 
They  resolved  to  commence  the 
revolution  on  the  29th  of  Novem- 
ber, because  one  of  the  Polish 
regiments,  which  comprised  ma- 
ny of  their  number,  was  then  to 
keep  guard  in  Warsaw. 

Most  of  the  active  conspirators, 
it  will  be  remembered,  were  young 


men  and  students.  They  assem-- 
bled  on  the  morning  of  the  29tb 
to  make  their  final  arrangements, 
and  agreed  on  the  hour  of  seven 
in  the  afternoon  of  that  day  for 
commencing  the  revolution.  It 
was  arranged  that  a  wooden  house, 
situated  conspicuously  near  the 
Vistula,  should  be  set  on  fire  as  a 
signal,  a  party  of  about  one  hun- 
dred and  twenty  cadets  being 
posted  in  the  southern  part  of  the 
city,  ready  to  strike  the  first  blow, 
and  others  being  dispersed  in  dif- 
ferent parts  of  the  city,  so  as  to 
co-operate  with  their  associates. 
When  die  signal  flame  was  seen 
reflected  against  the  sky,  parties 
of  students  and  officers  rode 
through  the  streets  of  the  Old 
Town  as  it  is  called,  shouting 
*  Poles  !  Brethren  !  The  hour  of 
vengeance  has  struck.  The  time 
to  avenge  the  tortures  and  cruel- 
ties of  fifteen  years  is  come ! 
down  v/ilh  the  tyrants! — to  arms ! 
to  arms  !  our  country  forever !' — 
At  this  animating  cry,  the  citizens 
rushed  together  from  all  quarters 
shouting  '  Poland  for  ever  ! ' — 
And  this  glorious  sound  was  the 
opening  prologue  of  the  revolu- 
tion. 

Although  the  cadets,  one  hun- 
dred and  twenty  in  number, 
would  seem  to  be  a  handful  only 
for  such  a  purpose,  yet,  headed 
by  Wysocki  and  Sc'hlegel,  with 
the  impetuosity  and  ardor  of 
youth,  they  resolved  to  make  the 
barracks  of  the  Russian  guards 
their  first  point  of  attack,  and  the 
arrest  of  the  Grand  Duke  their 
grand  aim.  Hastily  proceeding 
to  the  barracks,  they  found  the 
troops  in  all  the  confusion  of  a 
sudden  alarm,  and  after  increas- 


POLAND. 


179 


ing  it  by  firing  a  few  rounds,  they 
rushed  to  the  charge  with  their 
national  hurrah,  and  routed  a 
body  of  infantry,  hulans,  and 
hussars,  of  more  than  ten  times 
their  number.  A  detachment 
then  traversed  the  gardens  to- 
wards the  palace  called  the  Bel- 
videre,  where  the  Grand  Duke 
resided,  in  order  to  secure  his 
person  ;  it  being  rightly  conceived 
that,  if  in  their  possession,  he 
could  be  beneficially  employed  as 
a  hostage  or  mediator  in  making 
terms  with  the  Emperor.  But 
unfortunately  the  Grand  Duke 
had  been  apprized  of  his  danger 
by  a  domestic,  in  season  to  efiect 
his  escape ;  and  the  cadets  v^ere 
obliged  to  return  into  the  city  with- 
out him,  fighting  their  way  along 
through  squadrons  of  Russian 
guards,  among  whom  the  excited 
Poles  produced  great  havoc  by 
their  impetuous  courage.  With- 
out loosing  a  single  man,  the  ca- 
dets arrived  at  a  part  of  the  city 
called  the  Nowy-Swiat,  where 
they  found  two  companies  of  Po- 
lish light  infantry,  and  with  them 
two  Polish  generals,  Stanislaus 
Potocki  and  Trembicki,  giving 
orders  for  arresting  the  assembled 
inhabitants.  At  the  salutation  of 
the  cadets,  the  soldiers  ranged 
with  the  insurgents,  deserting  their 
generals,  who,  after  withstanding 
the  most  earnest  entreaties  to  act 
with  their  countrymen,  were  torn 
in  pieces  by  the  enraged  popu- 
lace. Thecadets  marched  through 
tlie  streets,  singing  patriotic  songs, 
and  shouting  '  Poland  forever,' 
— a  cry,  which  was  everywhere 
responded  to  enthusiastically  by 
the  ^ citizens,— and  so  gradually 
freed  the  south  parts  of  the  city 


of  the  Russian  troops,  killing  or 
taking  prisoners  a  considerable 
number  of  generals  and  inferior 
officers. — Their  ultimate  purpose 
was  to  gain  possession  of  the 
bridge  across  the  Vistula,  which 
unites  Warsaw  and  Praga. 

During  these  movements,  oth- 
ers of  the  conspirators  had  been 
equally  busy  and  triumphant  in 
the  other  quarters  of  the  city. — 
They  stormed  the  prisons,  releas- 
ing numerous  victims  of  Russian 
tyranny,  who  had  been  incarcera- 
ted on  political  accusations;  and  at- 
tacked and  defeated  the  Russian 
infantry  stationed  in  several  bar- 
racks, falling  upon  them  with  the 
terrible  hurrah,  and  driving  the 
panic  struck  officers  and  soldiers 
before  them  in  extreme  disorder* 
Thus,  by  the  united  efforts  of  ca- 
dets, students,  citizens,  and  a  few 
Polish  soldiers,  Praga  and  War- 
saw were  speedily  delivered  from 
the  immediate  presence  of  their 
Russian  tyrants,  not  a  few  officers 
of  rank,  and  large  numbers  of  pri- 
vates falling  victims  to  the  first 
onset  of  the  patriotic  Poles. 
The  people  obtained  an  ample 
supply  of  arms,  in  the  course  of 
the  night,  by  a  successful  attack 
on  the  arsenal,  where  they  found 
80,000  muskets,  pistols,  and  oth- 
er weapons ; — and  before  day- 
light order  was  re-established  b^ 
means  of  patroles  stationed  at 
suitable  points  all  over  the  city. 

Before  morning  the  patriots 
assembled  in  the  Ulica  Dluga  or 
Long  street,  to  review  the  pro- 
gress they  had  made,  and  to  con- 
sult on  the  movements  of  the  com- 
ing day.  The  scene  is  repre- 
sented as  having  been  of  the  most 
impressive  description.    There  is 


180 


ANNUAL  REGISTER,  1830—31. 


a  kind  of  exalted  enthusiasm,  a 
romantic  and  lofty  spirit,  display- 
ed in  the  devotion  of  the  Poles  to 
their  country,  which  has  few  par- 
allels in  the  history  of  our  race. 
They  had  crossed  the  Rubicon. 
They  had  rushed  into  rebellion 
against  the  colossal  power  of 
Russia,  carried  forward  by  the 
zeal  of  a  few  young  men,  and  they 
saw  themselves  in  arms  against 
the  oppressors  of  Poland  before 
they  had  waited  to  count  the  cost, 
regardless  of  everything  but  the 
sympathies  of  country  and  the  love 
of  independence.  After  listen- 
ing to  the  animated  address  of 
their  leaders,  the  assembled  mul- 
titude filled  the  air  with  cries  of 
'  Poland  forever,'  swore  to  fight 


for  her  freedom  whilst  a  single  drop 
of  blood  warmed  their  breasts,  and 
then  knelt  down  in  the  vivid  light  of 
fires  kindled  in  the  streets,  to  render 
thanks  to  the  Almighty  for  the 
victories  they  had  thus  far  achiev- 
ed, and  to  beseech  his  continued 
blessing  on  their  cause.  It  must 
have  been  a  spectacle  to  rouse  a 
fervid  patriotism  in  the  breasts  of 
the  most  phlegmatic,  and  to 
change  cowardice  itself  into  he- 
roism. To  the  Russians  it  was 
the  rehearsal  of  the  great  drama 
of  public  justice  on  oppression, 
which  they  had  anticipated  day 
by  day  for  months  past : — to  the 
Poles,  it  was  the  realization  of 
their  long  hoarded  hopes  of  inde- 
pendence. 


CHAPTER     X. 


POLAND,    CONTINUED. 

Poland. — Provincial  Government. — The  Grand  Duke. — Deputa- 
tion to  St.  Petershurg. — Russian  Proclamation. — State  of  War- 
saw.—  Chlopicki  Dictator. — Military  Preparation. — Radzivil 
succeeds  ChlopicJci. — The  Polish  Forces. — Diehitsch  enters  Po- 
land.— Military  Operations. —  Various  Engagements. — JVego- 
ciations. — Battle  of  Grokow. -Appointment  ^  Skrzynecki. — Ef- 
forts of  the  Poles. —  Ojperations  of  Dwernicki. — Propositions. — 
SkrzyneckVs  Operations. — Insurrection  in  Lithuania. — Battle  of 
Igani. — Retrospect. 


Warsaav  being  now  practical- 
ly independent,  by  the  expulsion 
of  the  Russian  troops  out  of  the 
city,  the  first  business  of  the  pat- 
riots was  to  organize  a  provincial 
government  suited  to  the  exigen- 
cies of  their  new  situation.  As 
tlie  Grand  Duke  and  the  Rus- 
sians remained  before  the  city 
still,  it  was  all  important  to  have 
a  competent  chief  to  direct  the 
military  operations  of  the  citizens; 
and  some  of  the  patriots,  who 
consulted  together  on  the  subject, 
agreed  to  ofer  the  command  to 
General  Chlopicki.  This  distin- 
guished officer  began  his  career 
under  Kosciuszko  in  the  former 
Struggle  of  the  Poles  for  indepen- 
dence. Afterwards  he  entered 
tlie  Polish  Legion  under  Napole- 
on, gradually  rising  to  the  rank  of 
general  of  a  division,  in  which  ca- 
pacity he  served  in  Spain.  When 
Poland  fell  into  the  hands  of  Al- 
16* 


exander,  Chlopicki  took  umbrage 
at  some  one  of  those  insulting  ex- 
pressions, which  Constantine  was 
continually  addressing  to  the  Po- 
lish army,  and  replying  to  the  re- 
proof of  the  Grand  Duke,  that  he 
did  not  gain  his  rank,  nor  receive 
his  decorations,  on  the  parade 
ground,  he  demanded  his  dis- 
charge, and  firmly  resisted  all  the 
instances  of  the  Grand  Duke  and 
the  Emperor  that  he  would  resume 
his  station,  preferring  honorable 
poverty  and  obscurity  to  the  glitter 
of  Russian  servitude.  His  military 
reputation,  and  the  independence 
of  soul  he  had  displayed,  drew 
the  eyes  of  the  nation  upon  him 
at  this  crisis.  He  was  conducted, 
amid  the  acclamations  of  the 
people,  to  the  assembled  patriots, 
and  invested  with  the  rank  of 
commander  In  chief  in  their  pres- 
ence, a  brief  address  being  made 
on   the    occasion    by  Pi^ofessor 


182 


ANNUAL  REGISTER,  1830— 3L 


Lelewel,  an  eminent  Polish  schol- 
ar and  patriot,  who,  although  un- 
fitted by  his  habits  for  military 
command,  became,  by  his  talents 
and  indefatigable  zeal,  the  anima- 
ting spirit  of  the  revolution. 

Thus  far,  although  Warsaw 
had  for  the  time  being,  shaken  off 
her  chains,  yet,  nothing  had  oc- 
curred to  show  to  the  world  the 
character  of  the  movement, 
whether  it  was  a  mere  civic  dis- 
turbance or  a  national  insurrec- 
tion. This  question  did  not  long 
remain  undecided.  Having  ap- 
pointed a  commander  in  chief, 
the  patriots  next  proceeded  to  or- 
ganize a  provincial  government, 
at  the  head  of  which  they  placed 
Prince  Adam  Czartoriski,  Prince 
Michael  Radzivil,  Niemcewicz, 
Lelewel,  and  Lubecki.  This  ar- 
rangement was  announced  before 
noon.  Lubecki  was  one  of  the 
old  ministers,  the  rest  were  new- 
ly appointed.  Among  the  latter, 
Niemcewicz  was  selected,  not 
merely  as  possessing  the  warmest 
patriotism,  and  having  served  un- 
der Kosciuszko,  but  as  being  the 
first  name  in  Polish  literature ; 
for  the  Poles  on  this  occasion, 
like  the  French  after  the  Three 
Days,  were  found  to  do  homage 
to  intellectual  cultivation  and  ac- 
knowledged intellectual  fame,  in 
the  distribution  of  the  duties  and 
honors  of  their  revolutionary  gov- 
ernment. Lelewel,  as  we  have 
akeady  said,  has  similar  claims  to 
distinction. 

Czartoriski  was  the  first  noble 
of  Poland,  alike  prominent  for 
his  wealth,  his  rank,  and  his  char- 
acter. In  regard  to  wealth,  he 
was  one  of  those  great  Polish 
proprietors,   princes   in   fact,   as 


well  as  in  name,  whose  estate 
covered  provinces,  and  who 
could  equip  whole  squadrons 
from  their  own  private  resources. 
In  rank,  he  claimed  descent  from 
royalty,  through  a  long  line  of 
distinguished  ancestry.  In  char- 
acter, he  was  a  true  Pole.  At 
the  last  partition  of  Poland,  he 
and  his  brother  Constantino  were 
sent  to  St.  Petersburg  as  hostages ; 
and  there  he  contracted  an  inti- 
macy with  the  Grand  Duke  Al- 
exander, which  continued  when 
the  latter  succeeded  to  the  impe- 
rial authority,  and  which  exercis- 
ed considerable  influence  over  the 
political  career  of  Czartoriski.  At 
the  urgent  solicitation  of  Alexan- 
der, he  accepted  of  various  ap- 
pointments in  the  Russian  admin- 
istration, first  as  ambassador  to 
Turin,  next  as  minister  of  foreign 
affairs,  and  at  the  same  time  as 
curator  of  the  University  of  Wilna 
and  commissioner  for  the  estab- 
lishment of  schools  in  the  Rus- 
sian provinces  of  Poland.  In  all 
these  offices,  it  was  the  aim  and 
the  good  fortune  of  Czartoriski  to 
preserve  his  fidelity  to  his  coun- 
try unshaken,  at  the  same  time 
that  he  performed  his  duty  to  the 
Emperor,  in  whose  employment 
he  served.  Previous  to  the  col- 
lision between  Russia  and  France 
he  had  resigned  his  portfolio,  and 
devoted  himself  to  the  improve- 
ment of  his  country  through  his 
connexion  with  the  University  of 
Wilna,  perceiving,  perhaps,  that  a 
time  was  coming,  when  the  duties 
of  a  minister  of  state  w^ould  mili- 
tate with  the  interests  which  he 
held  most  dear.  During  the 
struggle  between  Alexander  and 
Napoleon,  it  was  his  constant  en- 


POLAND. 


183 


deavor  to  impress  on  the  minds 
of  all,  the  great  truth,  that  the 
balance  of  power  in  Europe  could 
only  be  maintained  by  the  resto- 
ration of  Poland.  He  accompa- 
nied Alexander  to  Paris  in  1814 
in  order  to  effect  this  object ;  so 
that  probably  much  of  the  good 
feeling  of  Alexander  towards  Po- 
land, and  especially  the  liberal 
constitution  he  gave  the  kingdom, 
may  be  ascribed  to  Czartoriski's 
persuasion.  When  he  saw  the 
disappointment  of  his  hopes  by 
the  continued  violation  of  the 
charter,  he  broke  off  all  his  rela- 
tion with  the  Russian  government, 
and  was  loud  in  his  complaints 
concerning  the  wrongs  done  his 
country.  When  the  revolution 
commenced,  he  was  residing  on 
his  estates  at  Pulawa,  about  eigh- 
teen leagues  from  Warsaw.  He 
did  not  hesitate  to  embark  his 
life  and  fortune  in  the  cause  of 
Poland,  entering  into  the  contest 
widi  a  generosity  of  purpose,  and 
continuing  it  with  a  self  sacrificing 
devotedness  of  patriotic  virtue, 
which  were  above  all  praise. 

Prince  Anthony  Radzivil  was 
in  rank  and  possessions  of  the 
same  class  with  Czartoriski. 
Being  too  young,  at  the  time  of 
the  last  partition,  to  share  in  the 
glorious  effort  of  Kosciuszko,  he 
passed  his  early  years  in  the  fash- 
ionable pleasures  of  high  life  ;  and 
thus  it  happened  that,  when  Na- 
poleon visited  Warsaw  in  1806, 
he  was  selected  to  be  chamber- 
lain to  the  Emperor.  But  Na- 
poleM,  with  his  accustomed  pen- 
etration, soon  discovered  that 
young  Radzivil  was  fitted  for  a 
higher  sphere,  and  conferred  on 
hJm  the  command  of  a  Polish 
regiment  in  active  service.   Rad- 


zivil was  greatly  distinguished  in 
several  campaigns,  until  the  polit- 
ical changes  consequent  on  the 
fall  of  Napoleon  led  him  to  seek 
retirement,  in  spite  of  the  solicit- 
ations and  flattering  offers  of  Al- 
exander. Subsequently  he  be- 
came a  prominent  member  of  the 
Polish  Senate,  where  he  signaliz- 
ed his  love  for  country,  by  op- 
posing the  course  of  Russian  poli- 
cy 5  and  it  was  thus  he  became 
endeared  to  the  Poles.* 

Such  w^ere  the  men,  to  whom 
the  guidance  of  the  revolution 
was  entrusted.  The  first  step 
taken  by  the  provincial  govern- 
ment was  to  send  a  deputation  to 
the  Grand  Duke,  to  demand 
whether  he  meant  to  depart 
peaceably  or  to  attack  the  city. 
The  deputies  found  him  encamp- 
ed in  the  fields  of  Mokotow  with 
a  force  of  about  8,000  men,  and 
proposed  to  him  to  depart  unmo- 
lested on  a  prescribed  route, 
offering  him  every  possible  ac- 
commodation for  himself  and  his 
troops  on  the  way.  In  his  reply, 
Constantino  promised  not  to  at- 
tack the  city  without  giving  forty- 
eight  hours  notice,  but  made  no 
engagements  as  to  his  departure. 
Not  satisfied  with  this,  the  provin- 
cial government  sent  another  dep- 
utation to  the  Grand  Duke  two 
days  afterwards,  informing  him 
that,  if  he  did  not  leave  the  king- 
dom immediately,  he  would  be 
attacked.  Seeing  the  necessity 
of  compliance,  he  attempted  no 

*  It  is  proper  to  acknowledge  in  this 
place,  that,  while  we  have  consulted 
such  other  means  of  information  con- 
cerning the  Polish  revolution  as  we  had 
access  to,  we  have  relied  impUcitly  on 
the  full  and  complete  Historjr  of  the 
Revolution  by  Major  Hordynski,  a  work 
of  sterling  merit  and  value. 


184 


ANNUAL  REGISTER.  1830—31. 


further  delay,  and  departed  the 
next  morning  by  the  way  of  Pu- 
lawa,  as  prescribed  to  him,  after 
addressing  a  moderate  and  tem- 
perate proclamation  to  the  Poles, 
in  which  he  assured  them  of  his 
good  offices  with  the  Emperor, 
and  exhorted  them  to  deal  gently 
with  the  Russians  detained  in 
Warsaw.  He  broke  up  his  camp 
on  the  3d  of  December,  and  on 
the  13th  passed  the  frontiers  into 
tlie  ancient  Polish  province  of 
Volhynia,  everything  being  pre- 
pared for  him  by  agents,  whom 
the  Poles  Jiad  sent  in  advance. — 
With  honorable  foes,  and  under 
circumstances  affording  any  rea- 
sonable hopes  of  accommodation, 
this  procedure  might  have  been 
well ;  but  as  it  proved,  the  Poles 
gained  no  favors  by  their  gener- 
osity, and  lost  the  advantages 
they  might  have  derived  from 
the  capture  ofConstantine  and  his 
corps.  It  was  one  of  the  first 
errors  of  the  Poles ;  for  they 
should  have  expected  no  conces- 
sions from  Russia,  nor  yielded  a 
single  advantage  in  a  contest  with 
her  for  independence. 

Unfortunately,  however,  the 
Poles  endeavored  to  reconcile 
revolution  with  allegiance.  They 
summoned  the  Diet  to  meet  at  an 
early  day,  resolving  meanwhile,  to 
recognize  the  rights  of  Nicholas. 
Accordingly,  they  appointed  a 
commission,  to  repair  to  St.  Pe- 
tersburg, and  lay  their  purposes 
and  desires  before  the  Emperor. 
They  asked  that  all  Russian 
troops  should  be  withdrawn  from 
the  kingdom  forever, — that  the 
privileges  of  the  constitution  should 
be  again  confirmed  in  their  full 
extent, — and  that  all  the  ancient 


Polish  provinces  incorporated  with 
Russia  should  partake  of  the  ben- 
efits of  it,  as  Alexander  had  prom^ 
ised.  In  short,  they  demanded 
that  the  solemn  pledges,  which 
Russia  had  given  to  the  Poles  and 
to  Europe,  should  be  redeemed.. 
They  also  invited  Nicholas  to 
open  the  Diet  in  person. — The 
preparations  of  the  patriots  for 
war  were  not  made  with  energy, 
until  the  return  of  the  deputation, 
with  intelligence  that  Nicholas 
would  hear  of  nothing  but  uncon- 
ditioned submission.  In  fact,  he 
issued  proclamations  on  the  17th 
and  24th  of  December,  address- 
ed the  first  to  the  Poles,  and  the 
second  to  the  subjects  of  the  Em- 
pire in  general,  which  settled  for- 
ever the  question  of  peace  or 
war. 

In  these  documents,  nothing  is 
more  worthy  to  be  remarked  than 
the  hypocritical  spirit  of  pretend- 
ed religious  confidence,  which  is 
particularly  offensive  in  that  ad- 
dressed to  the  Russians.  Here 
was  a  half  Asiatic  despotism, 
which  had  acquired  possession  of 
Poland  by  a  series  of  abominable 
frauds  and  cruelties,  the  blackest 
on  the  page  of  European  history, 
Alexander  had  given  to  the  Polesy 
and  Nicholas  had  confirmed,  a 
constitution,  which  each  of  them 
had  religiously  sworn  to  maintain, 
and  to  do  which,  all  Russia  was 
solemnly  engaged  to  all  Europe, 
This  constitution  Alexander  and 
Nicholas  had  both  violated  in  its 
most  essential  particulars,  unti), 
maddened  by  oppression,  the  in- 
jured Poles  had  risen  with  arms 
in  their  hands  to  enforce  its  ob-r 
servance ;  and  this  was  all  they 
asked  or  desired.     Deaf  to  the 


POLAND. 


185 


demands  of  religion,  honor,  and 
justice,  Nicholas  was  now  prepar- 
ing to  march  down  his  Tartar 
hordes  upon  this  devoted  people, 
and  to  blot  them  out  from  the 
face  of  outraged  and  insulted  Eu- 
rope ;  and  in  these  circumstances, 
he  dared  to  speak  of  his  '  confi- 
dence in  God,  the  constant  bene- 
factor of  Russia  ; ' — and  even  to 
use  such  language  as  this : — '  God, 

THE    PROTECTOR    OF     RIGHT,    is 

with  us;  and  all-powerful  Russia 
will  be  able,  with  a  decisive  blow, 
to  bring  to  order  those  who  have 
dared  to  disturb  her  tranquillity.' 
— We  know  of  no  parallel  for  the 
shocking  blasphemy  of  these  ex- 
pressions, except  in  the  similar 
style  of  the  early  Mahometan 
conquerors,  who,  with  the  Koran 
in  one  hand,  and  the  scimetar  in 
the  other,  carried  fire  and  sword 
through  more  than  three  fourths 
of  Christendom. 

During  the  interval  before 
knowing  the  determination  of  the 
Emperor,  although  the  Poles  had 
done  less  than  they  otherwise 
would  have  done,  they  were  not 
idle.  Indeed,  a  national  guard, 
corresponding  in  principle  to  our 
militia,  was  organized  the  first 
day  of  the  revolution.  Count  Lu- 
binski  being  placed  at  its  head. 
On  the  same  day,  proclamations 
were  sent  into  the  provinces,  to 
apprise  the  nation  of  what  had 
happened.  The  next  day,  twelve 
companies  of  students,  called  the 
Academical  Legions,  were  com- 
pleted and  on  duty ;  and  several 
regiments  of  the  Polish  army 
came  in  from  the  country,  togeth- 
er with  multitudes  of  peasants, 
imperfectly  armed,  it  is  true,  but 
full  of  enthusiasm  and  energy  of 


purpose.  When  the  Grand  Duke 
departed  for  Volhynia,  some  Po- 
lish regiments,  which  had  hither- 
to remained  with  him,  also  joined 
the  cause  of  their  country.  On 
several  following  days,  great  num- 
bers of  soldiers  and  peasants  con- 
tinued to  flock  into  the  city  from 
all  sides,  the  latter  being  armed 
with  scythes  and  axes  in  default 
of  other  weapons.  Tables  were 
spread  with  refreshments  for  them 
in  the  streets,  while  young  and 
old,  nobles  and  peasants,  met  and 
embraced  as  friends  and  equals. 
On  the  evening  of  the  4th  the 
theatre  was  opened  for  the  first 
time  during  the  insurrection,  when 
the  patriots  embraced  the  occa- 
sion to  address  the  people,  and  a 
patriotic  play,  interspersed  with 
well-timed  music,  raised  their  en- 
thusiasm to  the  highest  pitch. 
On  Sunday  the  5th,  the  church- 
es of  Warsaw  were  crowded  with 
persons  from  the  province ;  and 
in  Praga,  the  religious  services 
were  performed  in  the  open  air, 
in  the  presence  of  more  than 
50,000  men,  an  ahar  having  been 
constructed  on  the  spot  where  the 
victims  of  Suwarrow's  cruelty  were 
buried.  After  the  close  of  the 
services  the  most  animating  ex- 
hortations were  addressed  to  the 
assembled  multitude. 

Again,  on  the  6th,  another  pub- 
lic solemnity  took  place,  which 
had  the  same  tendency  to  rouse 
and  inspirit  the  people.  It  had 
been  resolved  to  concentrate  all 
powers,  civil  and  military,  in  the 
hands  of  one  man,  until  the  time 
when  the  Diet  should  convene ; 
and  Chlopicki  was  invested  with 
the  name  and  authority  of  Dicta- 
tor.    In  the  afternoon,  Chlopicki 


186 


ANNUAL  REGISTER,  1830—31. 


was  publicly  installed  as  Dictator 
in  the  Champ  de  Mars,  in  pres- 
ence of  the  army,  the  senators, 
all  the  prominent  patriots,  and 
more  than  a  hundred  thousand 
persons  met  to  witness  the  specta- 
cle, before  whom  he  made  oath 
to  defend  the  rights  and  liberties 
of  Poland.  It  Is  generally  thought 
by  the  Poles,  at  the  present  time, 
that  this  was  an  injudicious  step  ; 
but  the  opinion  is  founded  on  the 
errors  committed  by  Chlopicki, 
rather  than  on  the  fact  that  a 
Dictator  was  appointed. 

Orders  were  immediately  issu- 
ed for  the  enrolment  of  new 
forces,  and  the  construction  of  for- 
tifications at  various  points.  The 
army  already  in  existence  was 
estimated  at  25,000  men,  19,000 
of  infantry,  and  7,200  of  cavalry, 
with  72  pieces  of  cannon.  The 
Dictator  proposed  to  increase  the 
force  so  as  to  make  a  total  of 
69,200  men,  including  54,000  of 
infantry,  and  adding  24  pieces  of 
cannon.  This  augmentation  of 
the  army  was  to  have  been  com- 
pleted by  the  20th  of  January 
1831 ;  but  effective  arrangements 
for  that  purpose  were  not  made  ; 
and  the  organization  proceeded 
slowly.  Nor  were  the  proposed 
fortifications  constructed  so  ex- 
tensively as  had  been  designed. 
Nothing  was  omitted,  however, 
at  Warsaw  and  Praga,  where  the 
zeal  of  the  people  supplied  every 
deficiency.  But  in  fact  the  Dic- 
tator seems  to  have  expected  from 
negociations  more  than  was  rea- 
sonable ;  and  thus  lost  much  time, 
which,  in  regard  to  military  prep- 
ai*ations,  was  invaluable.  When, 
therefore,  the  proclamations  of 
Nicholas  were  received  at  Warsaw, 


although  the  universal  cry  of  the 
indignant  nation  was  to  be  led  to 
battle,  yet  the  enrolments  re- 
mained incomplete. 

Owing  to  the  dissatisfaction 
which  these  circumstances  occa- 
sioned, the  Diet  put  an  end  to 
the  dictatorship,  conferring  the 
chief  command  of  the  army  on 
Prince  Radzivil,  and  leaving  the 
control  of  civil  affairs  to  the  Sen- 
ate, in  which  Czartoriski  presid- 
ed. But  although  Chlopicki  fail- 
ed to  satisfy  the  expectations  of 
the  nation,  he  was  a  sincere  and 
zealous  patriot  and  true  Pole,  and 
did  not  hesitate  to  serve  as  an  infe- 
rior in  that  army,  of  which  he  had 
previously  been  commander  in 
chief —Radzivil,  in  accepting  the 
command  of  the  army,  declared 
that  he  did  so  only  for  awhile, 
until  events  should  disclose  some 
military  genius,  competent  to  di- 
rect the  energies  of  the  nation. 

Two  months  had  now  elapsed, 
and  a  numerous  Russian  force  was 
gathering  under  Marshal  Diebitscb, 
surnamed  Zabalkanski,  from  his 
successful  passage  of  the  Balkan. 
If  the  Poles  had  assumed  the  of- 
fensive at  the  first  moment  of  the 
revolution,  they  might  have  car- 
ried on  the  w^r  in  the  territory 
of  Russia,  or  at  least  in  the  Po- 
lish provinces  of  the  Empire, 
where  the  diffusion  of  the  revolu- 
tionary movement  could  have 
been  promoted,  at  the  same  time 
that  the  war  made  progress.  By 
acting  on  the  defensive,  the  Poles 
suffered  the  war  to  be  brought 
home  into  their  own  territory, 
and  to  the  very  neighborhood  of 
Warsaw.  This  was  found  to  be 
the  inevitable  necessity  of  the 
crisis;  and  Prince  Radzivil  mada 


POLAND. 


187 


his  preparations  accordingly.  We 
have  seen  what  number  of  troops 
the    Dictator    had   proposed   to 
raise.     Owing  to  his  want  of  en- 
ergy or  capacity   to   effect  the 
levies,  the  Poles  saw  the  vast  ar- 
mies of  their  gigantic  enemy  ap- 
proaching, before   things  were  in 
a  ripe  state  for  the  struggle.     At 
tlie  beginning  of  the  campaign, 
which  was  about  to  open,  they 
mustered   the   following    troops. 
The  whole  infantry  consisted  of 
32,600  men,  in  four  nearly  equal 
divisions,  commanded  by  Generals 
Ki'ukowiecki,   Zymirski,  Skrzy- 
necki,  and  Szembek.      The  cav- 
alry  amounted  to  13,200  men. 
Generals  Uminski,  Stryinski,  Lu- 
binski,  and  Pac  commanded  each 
a  division  of  cavalry ;    and  four 
squadrons  were  attached  to  a  corps 
commanded   by  General  Dwer- 
nicki. — It  was  with  these  compar- 
atively insignificant  forces,  of  45,- 
800  men  and  96  pieces  of  cannon, 
that    the    Poles    took  the  field, 
against  a  Russian  force  of  more 
than  200,000  men  and  300  pie- 
ces of  artillery;  many  of  the  Poles, 
also,  being  new  recruits  under  new 
officers,  while  the  Russians  were 
veteran    troops,  commanded  by 
men  who  had  grown  grey  in  vic- 
tory. 

The  Polish  troops  left  Warsaw 
towards  the  end  of  January,  it 
being  decided  to  concentrate  them 
at  points  in  the  line  of  march  of 
the  Russian  army,  and  after  grad- 
ually drawing  the  latter  on  to  the 
environs  of  Warsaw,  there  to  fight 
a  decisive  battle.  The  Russians 
began  to  assemble  on  the  frontier 
at  Grodnow  and  Bialystok,  simul- 
taneously with  the  marching  of  the 
Poles.     Diebitsch,  upon  entering 


the  kingdom,  addressed  long  and 
separate  proclamations  to  the 
Poles  and  Polish  soldiers,  which 
only  had  the  effect  of  irritating  the 
latter,  and  rendering  them  more 
eager  for  battle.  The  Russians 
were  commanded,  under  Die- 
bitsch, by  the  Grand  Duke  Con- 
stantine,  and  Generals  Rosen, 
Pahlen,  Geismar,  Kreutz,  Prince 
Wirtemberg,  and  Witt ;  with  Gen- 
eral Toll  for  chef  d'etat  major. 
They  passed  the  Polish  frontier 
at  four  points,  covering  a  space  of 
ninety-six  miles  in  extent,  their 
separate  detachments  being  spread 
out  over  so  large  a  tract  of  coun- 
try, with  the  design  of  bearing 
down  in  force  upon  the  centre  of 
the  Polish  army,  and  outflanking 
the  rest ;  and  they  expected  thus 
to  push  on  to  Warsaw.  The 
Poles  prepared  for  them  by  con- 
centrating their  troops  into  a  nar- 
row line  of  operation,  so  as  to 
compensate  for  inferiority  in  num- 
bers. It  is  very  difficult  to  fol- 
low military  operations  under- 
standingly  without  constant  in- 
spection of  accurate  and  very  full 
maps  and  plans ;  but  a  few  ex- 
planations may  render  it  easy  to 
comprehend  the  brief  sketch, 
which  alone  we  shall  attempt,  of 
the  various  movements  of  the 
hostile  armies. 

Warsaw,  it  will  be  observed,  is 
situated  on  the  Vistula,  not  far 
above  its  junction  with  the  Bug. 
The  town  or  suburb  of  Praga  oc- 
cupies the  opposite  bank  of  the 
Vistula,  the  two  places  being 
united  by  a  bridge  and  having  the 
same  relative  position  as  London 
and  Southwark,  or  Boston  and 
Charlestown.  Through  the  scene 
of  the  Polish  war,   the   Vistula 


188 


ANNUAL  REGISTER,  1830—31. 


flows  from  the  southeast  until  it 
meets  the  Bug  coming  from  the 
northeast,  after  the  latter  river 
has  received  the  Narew  descend- 
ing by  a  circuitous  route  also  from 
the  northeast,  but  considerably  to 
the  north  of  the  Bug.  Previous- 
ly, however,  to  its  uniting  with 
the  Narew,  the  Bug  forms  an  ab- 
rupt curve,  having  commenced  its 
progress  far  to  the  south  towards 
the  Carpathian  mountains,    and 


would  be  a  shorter  line  drawn 
across  the  triangle  near  to  its 
apex,  so  as  to  be  fairly  interposed 
between  Warsaw  and  the  enemy ; 
— and  by  forming  or  conceiving  a 
diagram  of  this  kind,  the  system 
of  operations  on  both  sides  will  be 
readily  apprehended. 

The  first  encounter  occurred 
on  the  1 0th  of  February,  it  being 
a  skirmish  of  outposts  at  Mendzy- 
rzec  in  advance  of  the  right  wing 
flowing  northerly  to  the  town  of  of  the  Poles,  and  the  latter  having 
Brzesc,  when  it  assumes  more  of  the  advantage.  Other  sklrmish- 
a  westerly  direction,  until  it  makes  es  took  place  on  the  1 1th,  near 
the  sudden  bend  before  mention-  Siedlce,  between  the  Polish  out- 
ed,  and  thus  continues  on  south-  posts,  and  the  advancing  centre  of 
westerly  to  the  Vistula.     At  the   the    Russians  ^  under    Diebitsch 

himself.  On  the  14th  a  more  se- 
rious engagement  took  place  in 


most  abrupt  and  marked  portion 

of  this   curvature   is   found   the 

small  river  Lieviec,  which  joins 

togetlier  the   two  extremities  of 

the  curvature,  and  thus  forms  a 

kind  of  island  or  marshy  tract  of  the   Poles,  as  a 

land    between    the    two   rivers.   His  small  corps 


the  same  quarter.  General  Dwer- 

nicki   had  been  posted  with  his 

corps  beyond  the  right  wing  of 

~  covering  force. 

of  3,800  men 


Bialystok  is  on  a  small  branch  of  was   attacked   near  Stokzek  by 

the  JNarew,  near  where  it  enters  General  Kreutz  with  15,000  Rus- 

Poland,  and  Wlodawa   is  on  the  sians,  and  gained  a  complete  vic- 

Bug  to  the  south  of  Brzesc ;  and  it  tory,  the  enemy  losing  nearly  a 

was  along  the  line  of  frontier  from  third  part  of  their  number,   and 

Wlodawa  on  the  south  to  Bialy-  being  driven  back  in  great  disor- 

stok  on  the  north,  that  the  Rus-  der.     It  being  then  requisite  that 

sian  forces  entered  Poland.  The  Dwernicki  should  retire  and  cross 

line  of  the  Poles  was  directly  in  the  Vistula,  in  order  to  prevent 

front  of  that  of  the  Russians,  their  the  advance  in  that  direction  of  a 

left  wing  being  at  Pultusk  on  the  Russian  corps  under  prince  Wir- 


Narew  abov,e  its  juncture  with 
the  Bug,  and  their  centre  and 
right  wing  extending  across  the 
Bug,  and  along  the  marshes  of  the 
Lieviec,  to  the  south  of  Siedlce  on 
the  latter  stream.  Supposing 
Warsaw  to  be  at  the  apex  or  top 


teraberg,  the  Polish  right  was  al- 
so drawn  back  to  prevent  its  be- 
ing outflanked;  and  the  conse- 
quence was  the  batde  of  Boimie 
on  the  15th,  between  the  Polish 
right  under  General  Zymirski, 
and  the  Russian  centre  still  com- 


of  a  triangle  having  its  two  sides  manded  by  Diebitsch  in  person, 

equal,  the  Russian  army  might  be  This  afiair  consisted  of  multiphed 

considered  as  forming  the  base  of  but  unsuccessful  attempts  of  the 

the   triangle,    while   the   Polish  Russians  to  force  the  passage  of 


POLAND. 


189 


a  dyke  which  the  Poles  held  un- 
til the  Russians  had  retired,  when 
the  former  retired  to  a  new  posi- 
tion in  the  rear.  Meanwhile  the 
Polish  centre,  under  General 
Skrzynecki,  had  successfully  ex- 
ecuted a  similar  evolution,  so 
that  on  die  17th  the  right  wing  of 
the  Poles  was  at  Minsk,  the  cen- 
tre in  the  environs  of  Dobre,  and 
the  left  at  Zegrz. 

The  1 7th  was  a  day  of  contin- 
ued fighting  along  the  greater  part 
of  the  Polish  line,  the  right  being 
attacked  at  Minsk,  by  General 
Rosen,  and  the  centre  in  two  suc- 
cessive positions  at  Makowiec 
and  Dobre,  by  the  Grand  Duke 
and  Marshal  Diebitsch.  In  all 
these  successive  combats,  the 
Russians  sustained  immense  loss, 
tlieir  aim  being  to  drive  back  the 
Poles  at  any  sacrifice  and  by 
mere  strength  of  numbers,  and 
the  object  of  the  Poles  being  to 
occasion  them  all  the  loss  possi- 
ble, and  then  retire  from  time  to 
time  towards  Warsaw.  It  was  in 
the  battle  of  Dobre,  that  Skrzy- 
necki first  attracted  the  attention 
of  his  countrymen  to  those  great 
military  talents,  which  subsequent- 
ly caused  his  elevation  to  the  su- 
preme command. — As  indicative 
of  the  conduct  and  effects  of  the 
battle,  it  is  sufficient  to  state  that, 
while  the  Poles  lost  only  800 
men,  the  loss  of  the  Russians 
amounted  to  6,000  in  killed, 
wounded,  and  prisoners. 

The  next  day  the  Poles  again 
retrograded  along  their  whole 
line,  and,  as  on  the  preceding 
day,  Diebitsch  devoted  bis  troops 
to  a  dreadful  but  needless  and 
fruidess  carnage  in  the  forests  of 
Milosna  and  Jablonna,  by  con- 
17 


stantly  bringing  up  his  ranks  to 
the  attack  without  any  assignable 
object,  suffering,  himself,  a  loss 
of  10,000  men,  without  occasion- 
ing a  loss  of  one  tenth  part  that 
number  to  the  Poles.  At  night 
fall,  the  latter  began  to  display 
upon  the  plains  of  Wavre  and 
Bialolenka  near  Praga.  The 
thunder  of  their  cannon  at  Milos- 
na,  which  was  plainly  audible  at 
Warsaw,  had  announced  their  ap- 
proach, and  the  whole  population 
of  the  city  went  out  to  welcome 
the  defenders  of  their  country, 
continuing  with  ihera  the  follow- 
ing days,  during  the  battles  which 
ensued,  to  furnish  supplies,  and 
reheve  the  wounded. — For  Die- 
bitsch persisted  in  his  old  tactics, 
pushing  the  attack  without  any 
change  of  plan  on  the  19th  and 
20th  of  February.  During  those 
two  days,  the  Poles  maintained 
their  position  unyieldingly,  in  spite 
of  the  enormously  disproportioned 
forces,  which  Diebitsch  brought 
to  bear  upon  their  whole  line.  It 
was  a  mere  wanton  sacrifice  of 
lives  on  his  part,  without  any  defi- 
nite end  or  aim. 

In  fact,  for  ten  days  past,  the 
two  armies  had  been  continually 
engaged  in  a  succession  of  san- 
guinary batdes,  with  42,000  Poles 
only  against  200,000  Russians, 
where  the  result  had  been  uni- 
formly the  same  in  every  case. 
The  Russians  attacked  the  Po- 
lish position  every  day,  and  were 
every  day  repulsed  ;  it  thus  ap- 
pearing how  much  may  be  effected 
by  a  handful  of  men  excited  by 
some  strong  moral  inducement, 
when  they  differ  from  their  an- 
tagonists neither  in  discipline, 
physical  force,  nor  any  other  res- 


190 


ANNUAL  REGISTER,  1830—31. 


pect,  but  only  in  the  mighty  stim- 
ulus of  a  good  and  a  glorious 
cause.  Had  the  Poles  been  di- 
rected by  some  great  master  of 
the  art  of  war,  like  Napoleon, — 
had  the  defensible  points  of  their 
country  been  suitably  prepared  by 
tlie  requisite'  fortifications, — the 
loss  of  the  Russians,  great  as  it 
already  was,  would  have  been 
incalculably  greater.  But  neither 
Chlopicki  nor  Radzivil,  although 
both  honorable  and  patriotic  men, 
were  fully  equal  to  the  emergen- 
cy ;  and  therefore  much  of  the 
success  of  the  Poles  was  owing 
to  the  unconcerted  dispositions  of 
the  several  generals  of  division, 
who,  as  it  often  happened  in  the 
engagements  along  the  line,  each 
fought  his  own  battle.  It  needed 
only  a  master  mind  to  combine 
the  Polish  forces,  and  to  give  di- 
rection to  the  intense  patriotism 
which  animated  officers  and  pri- 
vates alike,  to  have  doubled  or 
trebled  the  injury  sustained  by 
the  Russians. 

For  three  days,  from  the  21st 
to  the  23d  of  February  inclusive, 
the  Russians  remained  inactive, 
awaiting  the  arrival  of  a  new  corps 
of  20,000  men,  under  Prince 
Sczachowski.  They  were  occu- 
pied by  the  Poles  in  a  manner  as 
remarkable  as  the  struggle  itself 
in  which  they  were  engaged. 
The  people  assembled  in  the 
churches  to  offer  up  prayers  for 
the  welfare  of  their  country,  while 
the  army  were  employed  in  the 
same  way  in  the  field  of  battle, 
tlie  first  line  remaining  in  posi- 
tion while  the  rest  of  the  troops 
were  engaged  in  devotional  exer- 
cises. *  At  each  collection  of 
troops,  the  ministers  of  religion 


administered  patriotic  oaths,  and, 
by  their  addresses,  animated  the 
soldiers  to  perseverance  in  the 
holy  struggle.'  These  sacred 
ceremonies  were  followed  by 
hymns,  which  were  sung  along  the 
whole  line,  mingled  wath  the  sol- 
emn sounds  of  the  bells  of  War- 
saw tolling  for  the  assembly  of 
the  people  in  the  churches. 
These  exercises  ended  in  the 
general  shout  of '  Poland  forever !' 
— Before  recommencing  hostili- 
ties. Marshal  Diebitsch  sent  Gen- 
eral Witt  with  a  flag  of  truce,  to 
propose  submission.  Witt  was 
stopped  at  the  Polish  outposts, 
where  General  Krukowiecki  went 
to  meet  him  in  behalf  of  the  Poles, 
and  told  him  that  negociations 
must  be  entered  into  between 
them,  if  at  all,  on  the  banks  of  the 
Dnieper,  the  ancient  and  the  on- 
ly true  frontier  of  Poland. 

The  brief  respite  enjoyed  by 
the  hostile  armies  was  but  pre- 
paratory to  a  desperate  conflict 
on  the  25th.  Indeed,  on  the 
24th,  a  battle  was  fought  at  Bi- 
alolenka,  of  the  same  description 
with  those  which  had  preceded 
it.  But  the  celebrated  battle  of 
Grokow,  on  the  25th,  deserves, 
from  its  desperation  and  its  im- 
portance, to  be  more  particularly 
described.  The  entire  forces,  on 
each  side,  were  engaged  in  this 
combat.  The  Russians  had  in 
the  field  eight  divisions,  consisting 
of  126,000  infantry,  42,000  cav- 
alry, and  280  pieces  of  cannon, 
with  three  divisions  of  reserve, 
composed  of  16,000  infantry, 
4,000  cavalry,  and  32  pieces  of 
cannon,  covering  altogether  a  line 
of  three  miles  in  length.  To  op- 
pose this  mighty  host,  the  litde 


POLAND. 


191 


army  of  the  Poles  was  posted  as 
follows. — A  great  road  proceeds 
from  Praga  westward  to  Milosna 
and  Minsk.  To  the  right  of  this 
road,  on  leaving  Praga,  are  the 
marshes  of  Goclaw  adjoining  the 
Vistula ;  to  the  left  is  a  small  for- 
est of  alders,  beyond  which  is 
the  village  of  Kawenzyn.  Near 
the  road,  in  the  rear  of  the  line  of 
operation,  is  the  village  of  Gro- 
kow,  where  the  Polish  head  quar- 
ters were  stationed.  There  is  an 
obelisk  of  iron  in  the  same  line, 
placed  on  the  road  to  commem- 
orate its  construction.  The  Po- 
lish right  wing  under  Szembek, 
consisting  of  7,000  infantry,  and 
24  field  pieces,  occupied  the 
space  between  the  road  and  the 
marshes.  The  centre,  occupying 
the  forest  of  alders,  comprised 
two  divisions,  of  15,000  infantry 
and  60  pieces  of  cannon,  under 
die  command  of  Skrzynecki  and 
Zimirski.  The  left  wing,  under 
Krukowiecki,  occupied  Kawen- 
zyn, with  6,500  men  and  12  field 
pieces.  Four  divisions  of  caval- 
ry, consisting  of  9,500  men,  un- 
der Uminski,  Lubinsld,  Skarzyns- 
ki,  and  Jankowski,  stood  ready 
to  be  employed  wherever  neces- 
sity might  require,  without  being 
posted  at  any  fixed  station  ;  and 
Siere  was  a  small  reserve  of 
5,400  men  in  charge  of  Pac. 

Such  being  the  numbers  and 
disposition  of  the  two  armies,  the 
battle  commenced  with  a  furious 
cliarge  of  the  Russian  right  wing 
upon  the  Poles  at  Kawenzyn, 
which  the  latter  steadily  sustain- 
ed without  yielding  an  inch,  until 
at  length  the  Russians  suspended 
their  efibrts  on  that  point,  to  re- 
sew  them  elsewhere.     Forming 


a  battery  of  two  hundred  pieces 
of  artillery,  which  opened  a  tre- 
mendous fire  upon  the  whole  ex- 
tent of  the  Polish  line,  the  Rus- 
sians, after  continuing  this  for 
some  time,  marched  their  col- 
umns against  the  left  wing  of  the 
Poles,  but  were  quickly  repulsed 
by  a  charge  of  the  whole  Polish 
cavalry  collected  together  for  that 
purpose.  Next  followed  a  mur- 
derous attack  on  the  Polish  cen- 
tre, with  the  intent  of  carrying 
the  forest  of  alders,  and  thus  di- 
viding the  Poles  into  two  parts, 
so  as  to  insure  their  destruction. 
Fifty  battalions  of  the  Russians, 
amounting  to  40,000  men,  and 
supported  by  120  pieces  of  can- 
non, endeavored  for  the  space  of 
four  hours,  by  reiterated  attacks, 
to  gain  possession  of  the  forest  of 
alders,  and  were  nine  times  re- 
pulsed with  immense  loss,  leaving 
the  ground  literally  covered  with 
their  dead.  It  was  only  by  per- 
forming prodigies  of  valor,  that  so 
small  a  number  of  Poles  could 
withstand  such  a  disproportioned 
force.  Of  course,  the  destruc- 
tion of  life  was  already  great. 

After  this  course  of  operation 
had  continued  from  eleven  to 
three  o'clock,  the  Polish  gene- 
rals, each  of  whom  had  had  his 
horse  shot  under  him,  and  seve- 
ral of  whom  were  severely  wound- 
ed, resolved,  by  means  of  a  retro- 
grade movement  of  their  centre, 
to  draw  the  Russians  into  pursu- 
ing them,  and  then,  having  as- 
sumed a  new  and  more  favorable 
position  near  the  iron  obelisk, 
to  renew  the  battle. — The  feint 
perfectly  succeeded.  Diebitsch, 
thinking  the  Poles  had  been  com- 
pelled by  their  losses  to  fly,  began 


1Q2 


ANNUAL  REGISTER,  1830—31. 


lo  reckon  upon  Warsaw  as  his. 
In  superintending  the  manoeuvre, 
General  Zimirski  was  struck  with 
a  cannon  ball,  which  caused  his 
death  in  a  few  hours  ;  but  the 
misfortune  occasioned  no  disorder 
in  the  Polish  ranks,  the  movement 
being  continued  by  Colonel  Czyz- 
ewski.  Meantime,  Colonel  Pi- 
entka,  who  had  greatly  distin- 
guished himself  during  the  whole 
engagement  in  command  of  a  bat- 
tery of  artillery,  continued  to  hold 
in  check  the  ad^vancing  Russians, 
until  the  last  moment,  when  about 
forty  squadrons  of  Russian  caval- 
ry were  seen  moving  forward  to 
the  charge,  followed  by  the  infant- 
ry and  artillery.  Pientka  then 
retreated  to  the  main  body  of  the 
Poles.  At  this  moment.  General 
Chlopicki,  who,  as  the  adviser  of 
Prince  Radzivil,  was  in  effect  the 
head  of  the  army,  was  wounded 
by  a  grenade ;  but  Skrzynecki 
and  Czyzewski  had  already  form- 
ed their  squares  and  were  prepar- 
ed to  receive  the  Russians.  As 
the  Russian  cavalry  advanced 
upon  the  trot,  a  discharge  of  rock- 
ets was  poured  into  their  ranks, 
which,  united  with  the  steady  fire 
of  the  Polish  squares,  rendered 
the  horses  ungovernable,  and 
threw  the  whole  mass  of  cavalry 
into  confusion.  In  a  short  time, 
the  Russian  squadrons  were  com- 
pletely cut  up,  so  completely,  in- 
deed, that  one  regiment  of  cuir- 
assiers was  destroyed  to  a  man  ; 
and  the  wrecks  of  the  routed  cav- 
alry, being  closely  pursued  by  the 
Polish  lancers,  and  driven  back 
on  the  columns  of  Russian  infan- 
try, carried  the  latter  along  witii 
them  in  their  flight,  and  compel- 
ed  a  general  retreat  of  their  for- 


ces, leaving  to  the  Poles  a  splen- 
did and  glorious  victory.  The 
Poles  lost  but  5,000  men,  the 
Russians  20,000 ;  and  if  the  Poles 
had  possessed  a  leader  of  suffi- 
cient boldness  and  skill  to  have 
followed  up  the  victory,  the  con- 
sequences might  have  been  utter- 
ly fatal  to  Diebitsch. 

A  short  period  of  inaction  fol- 
lowed the  bloody  day  of  Grokow. 
The  Russians  had  suffered  too 
much  in  the  battle  to  resume  of- 
fensive operations  immediately, 
and  it  was  not  the  plan  of  the 
Poles  at  present  to  undertake  any. 
In  fact,  on  the  withdrawal  of 
Chlopicki  from  the  army  in  con- 
sequence of  his  wound.  Prince 
Radzivil  was  unwilling  to  attempt 
anything  of  a  hazardous  nature ; 
and  as  he  apprehended  that  the 
Vistula  might  become  impassable 
by  the  breaking  up  of  the  ice,  he 
resolved  to  cross  the  river  to  War- 
saw, and  employ  the  interval  gain- 
ed by  the  late  victory,  in  recruit- 
ing the  army.  Te  Deums  were 
sung  in  all  the  churches  of  War- 
saw, as  well  as  in  the  chapels  of 
the  camp,  and  for  three  success- 
ive nights  the  city  was  illuminated 
in  honor  of  the  defenders  of  the 
country.  On  the  27th,  Prince 
Radzivil  resigned  the  chief  com- 
mand, avowing,  with  a  modesty 
and  a  dignity  of  sentiment  quite 
as  honorable  to  him  as  the  exhi- 
bition of  the  highest  military  sci- 
ence would  have  been,  that  the 
crisis  demanded  a  leader  more 
capable  to  fill  so  responsible  a 
post.  The  Poles  had  no  hesita- 
tion in  fixing  upon  General  John 
Skrzynecki  to  succeed  him  in 
command.  Skrzynecki  held  the 
rank  of  colonel  at  the  breaking 


POLAND. 


193 


out  of  the  Revolution,  and  was 
afterwards  advanced  to  be  gene- 
ral of  division,  in  which  capacity 
he  displayed  all  those  brilliant 
qualities  of  decision,  energy,  read- 
iness of  resource,  rapidity  of  coup 
d'ccil,  and  capacity  of  seizing  con- 
junctures, which  combine  to  form 
the  great  general.  His  appoint- 
ment gave  universal  satisfaction 
in  the  army  and  the  nation,  infus- 
ing new  zeal  into  all  ranks  and 
classes  of  the  people. 

Skrzynecki  began,  from  the 
first  moment  of  his  possessing  au- 
thority, to  form  new  forces,  to 
complete  those  already  on  foot,  and 
to  supply  the  losses  of  those  regi- 
ments which  had  suffered  from 
service.  His  energy,  prompti- 
tude, and  familiarity  with  all  the 
details  of  war,  soon  gave  a  new 
aspect  to  affairs.  Unlike  his  pre- 
decessors, he  was  constantly 
among  the  soldiers  or  in  the  arse- 
nals, urging  on  the  organization, 
discipline,  and  equipments  of  the 
troops  by  the  personal  presence 
of  their  commander,  the  most  ef- 
ficacious of  all  methods  for  invig- 
orating the  movements  of  an  ar- 
my. By  such  means  the  enthu- 
siasm  of  the  Poles  was  raised  to 
its  height,  as  may  be  inferred 
from  the  circumstance  that  three 
companies  of  infantry  were  actu- 
ally formed  from  among  the  Po- 
lish women,  under  the  command 
of  ladies  of  distinguished  families. 
And  while  the  Poles  had  every 
species  of  moral  influence  to  stim- 
ulate and  strengthen  their  resolu- 
tion, the  Russian  army,  on  the 
odier  hand,  was  disheartened  and 
discontented,  the  soldiers  being  re- 
luctantly ibrced  into  the  field  to 
fight  against  their  brethren,  and 
17* 


the  ofiicers  being  so  much  sus- 
pected by  their  chiefs  that  all  dis- 
cussion of  political  subjects  was 
rigorously  prohibited.  The  Poles, 
of  course,  were  not  without  hopes 
of  succor  from  abroad,  or  of  a 
diversion  by  insurrection  among 
the  Russians  themselves,  even 
beyond  the  limits  of  ancient  Po- 
land. They  were  induced  to 
expect  the  latter  event,  by  reason 
of  an  attempt  of  General  Yermo- 
low  to  excite  a  revolution  in  the 
Russian  department  of  Orenburg, 
on  the  borders  of  Asia,  of  which 
intelligence  arrived  about  this 
time,  but  which,  as  it  happened, 
led  to  no  serious  consequences. 
And  they  hoped  for  aid  from 
France  at  least,  because  they 
knew  that  Nicholas  had  fully  re- 
solved to  attempt  the  restoration 
of  the  Bourbons  and  of  William 
of  Nassau,  by  marching  an  army 
into  western  Europe. 

When  Skrzynecki  assumed  the 
chief  command,  the  total  amount 
of  disposable  forces  possessed  by 
the  Poles,  exclusive  of  garrisons, 
was  33,900  infantry,  10,100  cav- 
alry, and  106  pieces  of  artillery. 
When  organized  anew,  they  con- 
sisted of  four  divisions  of  infantry 
and  cavalry  as  before,  the  infant- 
ry comprising  45,000  men,  un- 
der the  Generals  Rybinski,  Giel- 
gud,  Malachowski,  and  Muhl- 
berg, — and  the  cavalry  14,000 
men  under  their  former  com- 
manders, Uminski,  Lubinski,Stry- 
inski,  and  Pac.  The  changes  in 
the  command  of  the  infantry  were 
made  necessary  by  the  death  of 
Zyminski,  the  advancement  of 
Skrzynecki,  the  appointment  of 
Krukowiecki  to  the  government 
of  Warsaw,  and  a  difference  be- 


194 


ANNUAL  REGISTER,  1830—31. 


tvveen  Szembek  and  Skrzynecki  as 
to  the  distribution  of  some  decora- 
tions among  the  subaltern  officers, 
which  induced  the  former  lo  re- 
sign, to  the  general  regret  of  his 
countrymen. 

In  addition  to  the  efforts  made 
by  the  Poles  at  this  time  to  place 
the  army  on  a  good  footing,  they 
labored    indefatigably    upon  the 
fortifications   of  Warsaw.     The 
army    was   posted   in   or    about 
Warsaw  for  the  time  being,  vvith 
the    exception   of  the   corps   of 
Dwernicki,  of  whose  operations 
we   shall   speak  hereafter,    and 
three  divisions  of  cavalry,  which 
patroled  the  river  to  keep  open 
the  communication  between  the 
fortresses  of  Modlin  and  Kozien- 
ice.     The  citizens,  male  and  fe- 
male,  were  busied  in   widening 
and  deepening  the  ditch  around 
the  city,  in  rendering  the  outer 
ramparts  defensible  cgainst  artil- 
lery, constructing  a  chain  of  lu- 
nettes around  the  whole,  and  fill- 
ing the  streets  with  barricades. 
So  indiscriminately  did  all  ages 
and  both  sexes,  male  and  female, 
labor  on  these  works,  that  one  of 
the  lunettes,  was  called  '  the   lu- 
nette of  the  women,'  from  having 
been  constructed  wholly  by  the 
hands  of  the  gentler  sex.    On  the 
heights  of  Dynasow  andZoliborz, 
situated  on  the  left  or  Warsaw 
bank  of  the  Vistula,  but  command- 
ing the  whole  of  Praga  and  its 
approaches,  batteries  were  placed 
so  as  to  protect  equally  both  sides 
of  the  river. 

While  the  events  w^hich  we 
have  been  describing,  were  going 
on  near  Warsaw,  and  with  the 
main  body  of  the  army,  Dwer- 
nicki, who,  as  we  have  already 


mentioned,  left  the  army  with  a 
detached  corps  immediately  after 
the  commencement  of  hostilities 
had  obtained  extraordinary  suc- 
cess in  the  duty  which  he  under- 
took. This  duty,  it  will  be  re- 
membered,  was  to  intercept  tlie 
march  of  Prince  Wirtemberg  up- 
on Warsaw  down  the  left  bank  of 
the  Vistula.  Dwernicki  crossed 
the  Vistula  for  this  purpose,  on 
the  17th,  near  Ryczywol.  It  ap- 
peared that  Wirtemberg  had  cross- 
ed further  up  at  Pulawa,  after 
having  wreaked  his  vandal  ven- 
geance upon  the  beautiful  domain 
and  residence  of  Prince  Czarto- 
riski.  On  the  18th,  Wirtemberg's 
forces  began  to  present  them- 
selves on  the  plain  of  Ryczywol ; 
and  on  the  19th,  Dwernicki  fell 
upon  them  at  a  place  near  there, 
called  Swierza,  and  succeeded  by 
a  well  conceived  mancEuvre  in  at- 
tacking them  at  the  same  time  in 
flank  and  rear,  the  consequence 
of  which  was  a  total  defeat  of  the 
Russians,  who  fled  up  the  river 
In  great  disorder,  and  continued 
their  flight  until  they  had  placed 
the  Vistula  between  them  and  the 
victorious  Poles.  But  Dwernicki 
gave  the  Russians  no  respite. 
He  hung  on  their  rear,  continual- 
ly cutting  off  stragglers,  until  they 
had  securely  posted  themselves  in 
Pulawa.  He  then  caused  Colo- 
nel Lagovvski  to  cross  the  river 
secredy  below  Pulawa,  with  a 
small  detachment,  and  to  attack 
the  enemy  unexpectedly  on  that 
side.  The  manoeuvre  succeeded 
perfectly ;  and  the  astonished 
Russians,  although  far  more  nu- 
merous than  the  whole  of  Dwer- 
nicki's  corps,  again  fled  in  con- 
sternation before  Lagowski's  hand- 


POLAND. 


id5 


ful  of  troops.  But  before  he  left 
Pulawa,  Prince  Wirlemberg,  in- 
dulging once  more  in  a  spirit  of 
spiteful  malignity  against  the  first 
of  tlie  Poles,  ordered  his  soldiers 
to  set  fire  to  the  tower,  and  even 
wantonly  discharged  his  cannon 
at  the  palace  of  Prince  Czartoris- 
ki,  occupied  only  by  the  Princess 
and  her  attendants,  as  if  to  show 
that  the  Muscovite  barbarians 
made  war  against  liberty  and  civ- 
ilization at  the  same  time.  When 
Dwernicki  regained  possession 
of  tlie  once  beautiful  town,  they 
found  it  a  smoking  ruin. 

But  the  punishment  due  to  the 
meanness  of  Prince  Wirtemberg 
was  close  at  hand.  After  being 
driven  from  Pulawa,  the  Russians 
made  for  Lublin,  the  capital  of 
the  palatinate  in  which  they  were, 
by  the  main  road  through  Kurow. 
There  is  another  road  to  Lublin, 
a  small  cross  road  through  the 
forest,  not  two  miles  from  the 
other  at  their  widest  separation. 
Whilst  Dwernicki,  with  the  main 
body  of  his  troops,  pursued  Wir- 
temberg along  the  high  road,  he 
c^Lused  Lagowskito  march  by  the 
nearly  parallel  way,  with  order€ 
to  keep  himself  constantly  abreast 
of  the  enemy,  and  so  soon  as  he 
heard  the  fire  of  cannon  to  hasten 
across  the  intermediate  space, 
and  attack  the  Russians  in  flank 
oi*  rear  as  circumstances  should 
dictate.  Wirtemberg  being  so 
pressed  by  the  Poles  that  he  could 
not  avoid  giving  battle,  took  a 
strong  position  at  Kurow,  on  the 
2nd  of  March,  and  thus  awaited 
the  approach  of  Dwernicki.  The 
battle  commenced  with  a  fire  of 
skirmishei^  only,  so  as  to  occupy 
the  Russians  until  La?owski  should 


have  time  to  come  up.  Wirtem- 
berg fell  unsuspectingly  into  the 
snare,  never  dreaming  that  Dwer- 
nicki's  forces  were  divided,  until 
he  found  himself  all  at  once  sub- 
jected to  a  galling  fire  in  front 
and  rear  at  the  same  moment. 
The  consternation  and  confusion 
of  the  Russians,  upon  discovering 
how  matters  stood,  were  so  com- 
plete, that  they  were  completely 
broken  up,  and  ceased  to  act  as  a 
corps.  Many  were  killed  in  the 
charge  and  pursuit,  many  were 
taken  prisoners,  and  the  rest  got 
off  as  they  could,  but  in  such  a 
panic,  that  the  mere  sight  of  the 
Poles  w^as  enough  to  send  thera 
flying  across  the  country  in  disor- 
der. So  complete  was  the  suc- 
cess of  Dwernicki,  that  with  his 
small  force  of  3,000  men,  and  aloss 
of  only  500  in  killed  and  wound- 
ed, he  destroyed  a  corps  of  J  5,000 
men,  taking  8,000  prisoners,  be- 
sides 19  pieces  of  cannon,  J, 000 
horses,  and  a  large  quantity  of  mil- 
itary stores.  Wirtemberg  was  de- 
graded from  his  post  by  the  Rus- 
sian commander  in  chief,  for  his 
incapacity  and  misconduct,  which 
hadthus  compelled  the  Russians  to 
evacuate  the  palatinate  of  Lublin. 
While  these  auspicious  events 
were  transpiring  in  the  southern 
part  of  the  kingdom,  under  the 
direction  of  Dwernicki,  there  was 
also  a  small  detached  body  of 
Poles,  acting  successfully  to  the 
north  of  Warsaw%  They  were 
commanded  by  Colonel  Valentin, 
whose  orders  were  to  hold  in 
check  the  right  wing  of  die  Rus- 
sians, so  as  to  prevent  them  from 
effecting  anything  below  Warsaw. 
In  case  of  necessity,  he  could  re- 
ceive  aid   from  the  garrison  of 


196 


ANNUAL  REGISTER,  1830—31. 


Modlin,  a  fortress  at  the  mouth  of  cavalry,  having  orders  to  assume 


the  Narew,  situated  in  the  region 
consigned  to  his  operations.  Val- 
entin was  quite  fortunate  in  his 
enterprises  in  that  quarter,  and 
rendered  important  services  to  the 
common  cause.  In  a  large  view 
of  the  relative  situation  of  the 
contending  armies,  Valentin  and 


the  command  of  Valentin's  de- 
tachment. In  a  short  time, 
Uminski  compelled  the  guard  to 
evacuate  their  position,  and  to  re- 
tire towards  the  main  army,  leav- 
ing him  in  possession  of  Ostrolen- 
ka,  where  he  effectually  crippled 
all  their  movements.  The  con- 
Dwernicki  thus  occupied  the  ex-  juncture  seemed  to  Skrzynecki 
tremilies  of  the  Polish  line  of  op-   favorable  for  active  operations  on 


erations,  while  the  main  body  or 
centre  of  the  Poles  was  at  War- 
saw. 

At  this  crisis,  and  previously  to 
recommencing  hostilities.  General 
Skrzynecki  addressed  a  concilia- 
tory  communication  to  Marshal 


his  part,  which  he  commenced  at 
the  end  of  March. 

Skrzynecki  ascertained  that 
Diebitsch  had  withdrawn  the 
main  body  of  his  forces  to  some 
distance,  leaving  only  a  corps  of 
observation  off  against  Praga,  con- 


Diebitsch,  making  propositions  of  sisting  of  the  two  corps  of  Rosen 
peace  on  terms  satisfactory  to  the  and  Giesmar,  stationed  in  the  en- 
provisional  government,  and  ex-  virons  of  Wawr  and  Milosna. 
pressing  the  desire  of  the  latter  Upon  this  the  Polish  generalissi- 
to  prevent  the  further  effusion  of  mo  reviewed  his  troops,  prepara- 
biood,  if  they  could  obtain  that,    tory  to  attempting  the  execution 


for  which  only  they  contended, 
the  faithful  performance  of  the 
promises  made  by  Alexander  to 
their  nation.  But  these  offers  of 
accommodation  produced  no  good 
result,  and  the  contest  was  renew- 
ed with  fresh  determination.  On 
the  10th  of  March,  Generals  Giel- 
gud  and  Jankowski  were  ordered 
to  make  a  reconnoisance  upon  the 
right  bank  of  the  Vistula  ;  but  the 


of  a  plan  for  throwing  himself 
unexpectedly  with  all  his  force  on 
the  detached  corps  of  Rosen  and 
Giesmar.  On  the  evening  of 
March  30th,  the  two  divisions  of 
infantry  under  Rybinski  and  Gi- 
elgud,  received  orders  to  cross 
the  bridge  to  Praga.  The  ad- 
vanced guard  of  the  Russians  oc- 
cupied a  strong  position  in  a  for- 
est between  Wawr  and  Milosna, 


manoeuvre  was  not  skilfully,  or  at  just  in  the  rear  of  the  scene  of 
least   not  profitably,   conducted,   the  great  battle  of  Grokovv.     Gi- 


About  the  same  time,  operations 
on  a  larger  scale  were  commenc- 
ed in  the  region  of  Modlin  and 
Pultusk.  The  Russian  guard 
under  Prince  Michael,  which  had 


elgud  was  to  occupy  the  principal 
road  leading  to  Grokow,  wbile 
Rybinski  marched  upon  the  ene~ 
my  by  way  of  Kawenzyn,  so  that 
the  two  divisions  might, make  a 


recently  arrived  to  the  number  of  combined  attack  in  front  and  rear 
20,000  men,  to  make  up  for  some  at  die  same  time.  Favored  by  a 
of  the  Russian  losses,  was  march-  thick  fog,  the  Poles  succeeded  in 
ed  thither,  and  General  Uminski  so  placing  their  detachments, 
followed  them  with  a  division  of  that,    by   seven  o'clock   in   the 


POLAND. 


197 


morning  of  the  31st,  the  Russians 
were  completely  surrounded,  and 
were  driven  back  upon  the  corps 
of  Rosen,  closely  pursued  by  the 
Poles.  A  running  fight  took 
place  along  the  old  field  of  Gro- 
kow,  and  through  Wawr  and  Mi- 
losna,  the  Russians  being  in  such 
confusion  that  some  of  tlieir  bat- 
talians  fired  upon  each  other,  and 
two  entire  regiments  of  5,000 
men  surrendered  in  a  body,  with 
their  oflicers  and  colors,  in  addi- 
tion to  groups  of  prisoners  being 
taken  in  every  direction. 

From  Milosna  the  road  leads 
through  a  forest  to  Dembe-Wiel- 
ke,  at  which  place  Rosen  was 
posted  with  about  30,000  men 
and  40  field  pieces.  Gielgud  and 
Rybinski  having  pursued  the  fly- 
ing troops  of  Giesmar  to  this 
point,  waited  for  the  whole  Po- 
lish force  to  come  up ;  and  in 
consideration  of  the  advantageous 
position  of  the  Russians,  Skrzy- 
necki,  who  personally  arranged 
all  the  details  of  these  operations, 
resolved  to  make  an  assault  by 
cavalry,  under  cover  of  twilight. 
Accordingly,  at  night  fall,  the  en- 
tire cavalry  was  collected  and 
formed  into  columns  of  attack. 
Traversing  a  dyke  in  front  of  the 
enemy's  position,  they  raised  the 
hurrah,  and  dashed  sabre  in  hand 
upon  the  astonished  and  confound- 
ed Russians.  The  effect  of  this 
surprise,  was  a  total  route  of  the 
whole  of  Rosen's  corps.  The 
commander  himself  narrowly  es- 
caped being  taken  prisoner,  and  a 
large  number  of  his  troops  fell  in- 
to the  hands  of  the  Poles.  Thus 
in  one  day,  by  a  series  of  well- 
executed  manoeuvres,  the  two  Rus- 
sian corps  of  Giesmar  and  Rosen 


were  completely  broken  up,  with 
a  loss  to  the  Poles  of  only  500* 
men  in  killed  and  wounded. 
These  brilliant  advantages  were 
followed  up  so  ably  the  next  day 
also,  that  the  Russians  were  con- 
tinually driven  from  every  point 
where  they  attempted  to  rally,  as 
farasKaluszyn.  Here  night  put  an 
end  to  the  pursuit  and  to  the  suc- 
cesses of  the  Poles  ;  after  they 
had  captured  the  magazines  of 
the  enemy  at  Milosna,  Minsk,  and 
Kaluszyn,  and  subjected  him  to  a 
loss  of  15,000  soldiers,  60  offi- 
cers including  two  generals,  26 
field  pieces,  1,500  horses,  and  a 
great  quantity  of  arms  and  muni- 
tions of  war. 

All  the  plans,  which  Diebitsch 
had  formed  for  the  campaign, 
were  utterly  defeated  by  the  bril* 
liant  victories  of  the  Poles  over 
the  corps  of  Giesmar  and  Rosen. 
Instead  of  crossing  the  Vistula  as 
he  contemplated,  and  transferring 
the  seat  of  war  from  the  right  to 
the  left  bank  of  the  river,  he  was 
compelled  to  strengthen  himself 
in  position  at  Kock,  and  to  take 
measures  to  preserve  the  remains 
of  his  advanced  guard  from  abso- 
lute destruction.  In  addition  to 
losing  the  services  of  the  Imperi- 
al Guard,  which  remained  near 
Ostrolenka,  he  found  it  necessary 
to  send  another  division  under 
General  Kreutz  to  support  Gene- 
ral Witt  against  Dwernicki,  in  the 
palatinate  of  Lublin.  Thus  after 
this  brave  general,  with  his  hand- 
ful of  troops,  originally  3,000  in 
number,  had  cut  up  the  corps  of 
Wirtembergjthe  Russians  thought 
it  necessary  to  oppose  him  with 
not  less  than  20,000  men,  under 
Kreutz  and  Witt.     He  continued 


198 


ANNUAL  REGISTER,  1830-31 


to  gain  the  most  brilliant  advan- 
tages over  them,  making  the  for- 
tress of  Zamosc  his  point  d^ap- 
pui,  and  occasionally  advancing 
as  far  as  Lublin  and  Wlodawa, 
where  he  received  daily  accession 
of  volunteers  from  the  Russo-Po- 
lish  provinces  of  Volhynia  and 
Podolia. 

It  was  at  this  crisis  that  the 
cause  of  the  Poles  gained  strength 
from  the  breaking  out  of  insur- 
rection in  Lithuania,  one  of  the 
Russian  spoils  of  ancient  Poland. 
The  Lithuanians,  while  they  suf- 
fered under  the  tyranny  of  their 
Russian  master,  had  never  lost 
their  attachment  to  the  Polish 
name;  and  at  the  very  com- 
mencementof  the  revolution,  they 
were  anxious  to  make  a  move- 
ment in  concert  with  their  breth- 
ren in  Warsaw,  but  were  discour- 
aged by  the  Dictator,  Chlopicki, 
for  what  reason  it  does  not  ap- 
pear. But  they  continued  to  bear 
the  object  in  view ;  and  at  length 
their  rising  was  forced  on  by  the 
following  circumstance.  Many 
of  the  Lithuanian  patriots  were  as- 
sembled in  the  church  of  Osmia- 
ny  to  consult  upon  measures  of 
insurrection,  when  the  doors  were 
forced  by  a  regimeat  of  cossacks, 
who  entered  and  sabered  part  of 
the  patriots  within  the  church  it- 
self, making  prisoners  of  most  of 
the  residue.  Upon  this,  the 
Lithuanian  patriots  in  the  vicinity 
armed  themselves,  and  gave  the 
first  impulse  to  the  ready  zeal  of 
the  inhabitants.  In  a  short  time, 
about  2,000  Lithuanians  had  suc- 
ceeded in  driving  out  Russian 
garrisons  to  the  number  of  eight 
or  ten  thousand,  spreading  revolt 
and  consternation  through  the  ex- 


tensive region  between  the  Dwina 
and  the  Niemen.  Their  strength 
was  continually  increased  by 
means  of  the  arms  taken  from 
the  Russians  ;  and  thus  the  forces 
under  Diebitsch  were  placed  in 
the  critical  position  of  having  a 
victorious  Polish  army  in  their 
front,  a  wasted  country  around 
them,  and  spreading  revolt  in 
Lithuania  between  them  and  Rus- 
sia. 

The  danger  of  Diebitsch's  po- 
sition was  greatly  augmented  by 
the  next  movement  of  the  Poles. 
The  remains  of  the  corps  of  Ro- 
sen and  Giesmar  having  been 
united,  were  stationed  at  Boimie, 
the  place  were  a  batde  was  fought 
in  February.  Skrzynecki  plan- 
ned another  successful  attack  on 
these  devoted  troops,  which  took 
place  at  Igani  in  the  same  neigh- 
borhood, on  the  9th  of  April,  and 
was  one  of  the  most  brilliant  vic- 
tories of  the  whole  war.  The 
Russians  lost  great  numbers  in 
prisoners  and  killed,  and  left  the 
field  of  battle  to  the  Poles,  being 
saved  from  total  ruin  only  by  the 
necessity  the  Poles  were  under 
of  suspending  their  operations  to 
construct  a  bridge  over  the  river 
Kostrzyn,  before  they  could  con- 
centrate all  their  forces. 

Let  us  pause  a  moment  at  this 
point,  and  contemplate  the  pro- 
gress, which  the  Russians  had 
thus  far  made.  They  had  borne 
down  upon  the  Poles  two  months 
before,  with  a  vast  army,  which 
seemed  quite  sufficient  to  crush 
the  insurgents.  It  was  the  co- 
lossal power  and  resources  of  the 
Russian  Empire  brought  to  bear 
upon  the  little  kingdom  of  Poland, 
with  a  population  of  only   four 


POLAND. 


m 


millions  of  souls,  cut  off  from  all 
foreign  succor,  destitute  even  of 
a  seaport  by  which  they  could 
receive  arms  from  any  friendly 
foreign  country,  and  hemmed  in 
by  the  Rrussians  and  Austrians, 
the  brother  robbers  of  the  Rus- 
sians. And  yet  it  is  undeniable, 
that  hitherto  patriotism  and  the 
love  of  independence,  although 
laboring  under  every  disadvan- 
tage, had  been  constantly  trium- 
phant over  brute  force  possessed 
of  every  advantage.  Poland,  al- 
though she  saw  her  fields  wasted 
and  her  towns  ravaged  by  the 
Russian  invaders,  yet  also  saw 
the  whole  country  covered  with 
the  Russian  dead,  and  the  wrecks 
of  the  Russian  squadrons  and  col- 
umns.    One  victory  more,  and 


the  Poles  would  have  nothing  to 
fear.  Even  now,  murmurs  were 
heard  in  the  heart  of  Russia  it- 
self, among  the  proper  subjects 
of  the  Czar,  who  could  not  pa- 
tiently see  the  resources  of  the 
Empire  squandered  in  the  cause 
of  oppression  and  tyranny  in  kin- 
dred Poland.  At  this  crisis,  a 
single  act  of  energy  on  the  part 
of  either  England  or  France, 
each  of  whom  sees  in  Russia  her 
most  formidable  enemy,  the  one 
in  Asia,  the  other  in  Europe, — 
would  have  bestowed  indepen- 
dence on  the  gallant  Poles,';  and 
restored  their  country  to  the  post 
it  deserves  to  hold  in  Europe,  as 
the  barrier  between  Russia  and 
the  western  states  of  the  Conti- 
nent. 


CHAPTER  XL 


POLAND,    CONCLUDED. 

Poland. — Position  and  Strength  of  the  Armies. — SkrzyneckVs 
Plans. — Defeat  of  Sierawski. — DwernickVs  Operations. — The 
Cholera  Morbus. — Battles  of  Kufleio  and  Minsk. — Advance  of 
the  Poles. — Battle  of  Ostrolenka. — Death  ofDiebitsch. — Opera- 
tions in  Lithuania. — Battle  of  Wilna. — JankowskVs  Expedition, 
— Excitement  in  Warsaw. — Disasters  in  Lithuania. — Retreat  of 
the  Poles. —  Chlapowski  and  Rohland  enter  Prussia. — Paske- 
wicz  passes  the  Vistula. — Council  of  War. — DembinskVs  Ope- 
rations.— Fall  of  Warsaw. — Dispersion  of  the  Polish  Army. — 
Refections, 


The  relative  strength  and  po- 
sition of  the  two  armies,  subse- 
quently to  the  battle  of  Igani, 
were  such  as  to  encourage  the 
Poles  in  attempting  other  opera- 
tions, of  the  same  nature  with 
those,  which  had  recently  proved 
so  successful.  Since  taking  the 
field  in  December,  the  Russians 
had  received  two  reinforcements 
of  20,000  men  and  36  field  pieces 
each,  so  that  during  the  war  they 
had  marched  240,000  men  with 
372  pieces  of  artillery,  against 
the  insurgent  Poles.  At  the 
epoch  of  the  batde  of  Grokow, 
they  had  lost  50,000 ;  and  they 
l.ad  scarcely  lost  a  less  number 
since;  so  that  about  140,000 
Russians  remained  in  the  field. 
The  Polish  army  was  maintained 
at  its  original  footing,  of  some 
40,000  men,  the  recruits  being 
sufficient  to  make  up  the  occa- 


sional losses.  After  the  batde  of 
Igani,  the  Russians  were  so  pos- 
ted, as  to  be  divided  into  four 
isolated  bodies.  The  corps  of 
Rosen  and  Giesraar  were  at 
Siedlce,  the  situation  of  which  on 
the  river  Liewiec  we  described 
in  the  preceding  chapter.  The 
main  body  was  extended  between 
Lukow  and  Kock,  that  is,  south 
of  Siedlce  towards  the  Vistula. 
The  Imperial  Guard  was  at  Os- 
trolenka on  the  Narew,  and  of 
course  beyond  the  Bug.  Finally, 
the  corps  of  Witt  and  Kreutz 
was  in  Lublin,  far  to  the  south  of 
the  main  body.  Thus  we  see 
that  the  Russians  were  stretched 
in  a  line  running  north  and  south, 
fronting  on  Warsaw,  as  in  the  be- 
ginning of  the  war,  but  with  this 
difierence,  that  two  large  detach- 
ments were  separated  quite  wide- 
ly from  the  main  army,  one  at 


POLAND. 


201 


Ostrolenka,  and  the  other  in  the 
palatinate  of  Lublin.  The  main 
body  of  the  Polish  army,  on  the 
other  hand,  was  concentrated 
along  its  old  line  of  position,  on 
he  banks  of  the  river  Liewiec, 
while  the  small  detachments  of 
Uminski  and  Dwernicki  opposed 
die  two  extremities  of  the  Russian 
line.  Dwernicki  was  so  posted  that 
he  could  not  be  cut  off,  having  the 
fortress  ofZamosctoretire  to  in  case 
of  emergency ;  and  y€t  he  could,  at 
any  moment,  act  against  the  rear  of 
the  Russian  main  body,  in  con- 
cert with  the  operations  of  Skrzy- 
necki  in  front,  so  soon  as  any  ad- 
vantage should  be  gained  over 
Kreutz  and  Witt.  Siezing  upon  this 
idea,  Skrzynecki  made  his  ar- 
rangements in  conformity  with  it, 
immediately  after  the  battleof  Igani. 
Orders  were  issued  to  Dwer- 
nicki to  attack  the  corps  of  Kreutz 
and  Witt  without  delay.  To  aid 
him  in  this.  General  Sierawski 
was  despatched  in  command  of  a 
small  body  of  troops,  to  unite 
himself  with  Dwernicki ;  and 
another  small  corps  was  to  be  sent 
in  the  direction  of  Kock  for  the 
same  purpose.  They  were  to 
endeavor  to  drive  the  Russians 
into  the  angle  formed  between  the 
river  Wieprz  and  the  Vistula, 
where  Sierawski  was  to  keep 
them  in  check,  cut  off  from  all 
communication  with  the  main 
body  by  means  of  the  Wieprz. 
Having  accomplished  this  object, 
Dwernicki  was  to  hold  himself  in 
readiness  to  join  in  an  attack  on 
the  main  Russian  army,  which, 
being  thus  taken  in  front  and 
flank,  it  was  calculated  would 
yield  a  sure  victory  to  the  Poles. 
la  order  to  facilitate  the  ope- 
18 


rations  of  Dwernicki,  it  was  the 
intention  of  Skrzynecki  to  make 
small  attacks  on  the  Russians 
from  time  to  time  in  front,  so  as 
to  occupy  their  attention,  and 
prevent  their  suspecting  the  ob- 
ject of  Dwernicki's  corps. 

While  Skrzynecki  was  antici- 
pating: the  most  triumphant  results 
from  this  judiciously  conceived 
plan,  all  his  hopes  were  confound- 
ed by  intelligence  of  the  defeat  of 
Sierawski,  the  first  reverse  sus- 
tained by  the  Polish  arms  in  the 
whole  course  of  the  war.  In- 
stead of  making  his  way  to  Dwer- 
nicki by  circuitous  roads  so  as  to 
escape  observation,  Sierawski 
marched  towards  Lublin,  where  he 
fell  among  the  Russians,  and  was 
compelled  to  return  across  the  Vis- 
tula after  two  unfortunate  encoun- 
ters with  the  enemy.  Nothing 
but  the  skill  and  bravery  of  Sie- 
rawski preserved  his  corps  from 
the  destruction  to  which  his  im- 
prudence had  exposed  it.  This 
misfortune  threatened  the  total 
overthrow  of  Skrzynecki's  plan ; 
but  a  greater  was  at  hand. 

It  seems  that  General  Dwer- 
nicki, induced,  perhaps,  by  the 
prospect  of  insurrection  in  Volhy- 
nia,  had  left  the  vicinity  of  Za- 
raosc,  and  crossed  the  Bug  into 
the  Russian  territory,  not  far  from 
where  the  angles  of  the  kingdom 
of  Poland,  of  Austrian  Galicia, 
and  of  Russian  Volhynia  come 
together.  Near  this  point  the  river 
Bug  takes  its  origin,  and  thence 
flows  north  between  Poland  and 
Volhynia.  A  little  to  the  east- 
ward of  this,  in  Volhynia,  runs 
the  small  river  Styr,  which  also 
flows  north  into  the  Pripez,  a 
considerable  branch  of  the  Dnie- 


202 


ANNUAL  REGISTER,  1830—31. 


per.  The  Austrian  frontier  is  an 
artificial  line,  which  strikes  across 
in  a  southeasterly  course  from  the 
Bug  to  the  Styr.*  Dvvernicki 
attacked  and  defeated  a  Russian 
corps  under  Rudiger,  and  pursu- 
ed him  into  the  small  angle  form- 
ed by  the  Austrian  frontier  and 
the  river  Styr,  thinking  to  renew 
the  attack  there.  But  Rudiger 
declined  the  offered  batde,  and 
escaping  across  the  Styr,  began 
to  collect  forces  so  as  to  entrap 
Dwernicki  in  his  own  snare.  The 
scheme  was  successful.  When 
Rudiger  found  that  Dwernicki 
was  manoeuvring  along  the  fron- 
tier, he  made  his  appearance,  and 
drew  the  latter  into  action,  in  such 
a  position  that  the  Polish  right 
wing  rested  on  the  Austrian  fron- 
tier. In  this  position  of  the  two 
armies,  Rudiger  sent  a  corps 
across  the  frontier,  so  as  to  pass 
around,  and  act  upon  the  flank  of 
the  Poles;  to  withstand  which, 
Dwernicki  himself  was  obliged  to 
withdraw  his  left  wing  and  cen- 
tre, and  to  pass  into  the  Austrian 
territory  in  self  defence.  Thus 
the  action  continued  for  several 
hours,  when  a  detachment  of 
Austrian  cavalry  came  up,  and 
obliged  the  combatants  to  sepa- 
rate, but  suffered  the  Russians  to 
.  return  across  the  line  into  Volhy- 
nia,  while  the  Poles  were  disarm- 
ed and  marched  into  the  interior 
ras  prisoners.  And  thus,  by  the 
dishonorable  and  shameful  con- 
duct of  the  Austrian  authorities. 


*  In  order  to  study  the  operations  of 
the  Polish  war,  if  is  desirable  to  use 
maps  conslTucted  since  the  Congress  of 
Vienna  : — otherwise  it  may  be  difficult 
to  trace  the  boundaries  of  the  present 
kinofdom  of  Poland. 


the  important  corps  of  Dwernicki 
was  lost  to  the  Poles. 

It  was  at  this  time  that  the 
cholera  morbus,  which  had  for 
many  years  continued  its  ravages 
in  Asia,  and  had  passed  from 
Asia  into  Europe  through  the 
means  of  Russia,  was  communi- 
cated by  the  Russians  to  the 
Poles.  It  appeared  among  the 
latter,  subsequently  to  the  battle 
of  Igani,  and  caused  them  a 
loss  of  1,000  men  in  the  first  few 
days ;  but  its  ravages  were  far 
more  terrible  in  the  Russian  army. 
This  fatal  epidemic  augmented 
the  horrors  of  the  war  beyond 
conception.  It  might  have  made 
its  way  into  Europe,  perhaps,  inde- 
pendently of  the  causes  to  which  if 
actually  owes  its  introduction ;  but 
in  point  of  fact,  this  dreadful 
scourge  of  our  times  was  brought 
upon  us  by  Russian  ambition  of 
conquest  in  the  east,  and  by  Rus- 
sian cupidity  of  empire  in  the 
west ;  it  was  by  the  wars  of  Rus~ 
sia  with  Persia  and  Turkey  on 
the  one  hand,  and  with  Poland 
on  the  other,  that  it  has  made  its 
way  among  us  from  farther  Asia. 
But  while  thousands  of  the  Rus- 
sian and  Polish  soldiers  sickened 
and  died  of  this  malady,  it  •  did 
not  materially  interrupt  the  pro- 
gress of  events.  All  Europe, 
however,  began  to  regard  the 
contest  with  a  foreboding  interest, 
in  which  sympathy  for  the  Poles, 
and  apprehension  of  approaching 
pestilence,  were  intermingled. 

Emboldened  by  their  success- 
es in  the  south,  the  Russians  now 
began  to  think  of  resuming  of- 
fensive operations.  Indications 
having  reached  the  Poles  of  a 
design  to  attack  them  in  larg^ 


POLAND. 


203 


masses  as  when  Diebltsch  advanc- 
ed upon  Warsaw  in  December, 
they  determined  to  repeat  the 
same  tactics  of  gradually  retiring, 
fighting  as  they  went,  to  the  vi- 
cinity of  the  capital.  On  the 
25th  of  April  occurred  the  com- 
bat of  Kuflew,  in  which  Die- 
bitsch  himself  led  full  40,000  men 
against  a  small  force  of  4,000 
men  only,  under  Colonel  Dem- 
binski,  without  carrying  their  po- 
sition. During  the  night  ensuing, 
the  Poles  executed  a  retrograde 
movement  as  they  had  contem- 
plated, and  awahed  the  enemy  at 
Minsk.  Here,  on  the  26th,  the 
Poles  under  General  Gielgud 
repulsed  an  attack  of  the  Rus- 
sians ;  and  then  retired  to  Dem- 
be-Wielke,  expecting  a  renewal 
of  the  attack.  But  to  the  sur- 
prise of  all,  on  the  night  of  the 
28th,  Diebitsch  evacuated  his  po- 
sition, and  retired  as  far  as  Ka- 
luszyn,  where  he  entrenched  him- 
self in  a  fortified  camp,  and  as- 
sumed once  more  a  defensive  at- 
titude. 

Skrzynecki  now  resolved  to  at- 
tempt the  execution  of  a  plan 
somewhat  different  from  that, 
which  the  reverses  of  Dwernicki 
had  defeated.  He  first  detached 
General  Chrzanowski  with  a 
small  corps  to  supply  the  place 
of  Dwernicki  in  the  region  of 
Zamosc.  In  spite  of  the  hazards 
he  incurred,  Chrzanowski  reach- 
ed his  destination  in  safety,  having 
beaten  a  considerable  body  of 
Russians  at  Kock  on  the  way,  and 
also  having  gained  a  brilliant  vic- 
tory over  General  Rudiger  at 
Krasnystaw.  Having  accom- 
plished his  purpose  in  this  quar- 
ter, Skrzynecki  next  threw  him- 


self unexpectedly  upon  the  Impc-  | 
rial  Guard,  which  we  have  seve-  \ 
ral  times  mentioned  as  being  at  \ 
Ostrolenka    somewhat   detached 
from   the   Russian    main   army.  i 
He  suddenly  made  a  retrograde 
movement  by  the  great  road  to  j 
Praga,  and    so    down    the    right  •  ; 
bank  of  the  Vistula  to  Zegrz,  and  j 
thence  to  Serock  on  the  Narevv,  ,^ 
when  he  commenced  his  opera-  1 
tions  against  the  Imperial  Guard, 
which,  after  a  litde  fightings  he 
compelled  to  evacuate  the  king,-  .  . 
dom.     So  soon  as  Diebitsch  di&-  | 
covered    the   nature   of  Skrzy-  i 
necki's  manoeuvre,  he  hastened  ; 
to  pursue  the  latter  with  all  his  i 
forces,   in   order  to  cut  off  his  | 
communication     with     Warsaw.  \ 
But    such   was   the    celerity   of  \ 
Skrzynecki's    movements,    that,  I 
in  the  interval  between  the  12th 
and  20th  of  May,  he  passed  over'  I 
a  distance  of  more  than  two  hun-  | 
dred  miles,  which,  as  six  days  of  i 
the  period  were  occupied  in  ac- 
tion, made  the  average  march  for  j 
eight  days  not  less  than  twenty-  ^ 
eight  miles  each  day.    Facts  like  J 
thJs„  demonstrate  the  extraordina-  \ 
ry  and  almost  unexampled  efforts  I 
made  by  th-e  Poles  in  this  me-  i 
morable  war.     The  resuk  was, 
that  when  Diebitsch  reached  Os-  ; 
trolenka,  he  encountered  Skrzy-  j 
necki  there  on  his  return.  Mean-  !] 
while  a  combat  took  place  on  the 
24th,  between  the  advanced  guard  \ 
of  the  Russians,  and  a  detached  ! 
corps  of  the  Poles  under  Lubins-  ' 
ki  at  Czyzew ;  and  on  the  25th 
the  Russians  cam?  up  with  the 
rear  guard  of  the  Polish  army  at 
Kleczkowo,  where  an  engagement  j 
took  place.     In  each  of  these  ac- 
tions, a  comparatively  small  Po- 


204 


ANNUAL  REGISTER,  1830—31: 


lish  force  was  able  to  repulse  or 
withstand  a  large  Russian  force  : 
— for  it  is  the  remarkable  feature 
of  the  contest  that  in  every  bat- 
tle, the  victorious  Poles  were  but 
a  handful,  and  the  beaten  Rus- 
sians a  host, — so  much  can  the 
love  of  country  and  liberty  efleet 
against  mercenary  troops  fighting 
battles  in  which  the  latter  have  no 
moral  stake. 

It  was  the  same  in  the  battle  of 
Ostrolenka,  of  the  26th  of  May,, 
between  the  two  grand  armies 
under  their  respective  generalissi- 
mos. Ostrolenka  is  situated  on 
the  left  bank  of  the  river  Narew. 
The  line  of  march  pursued  by 
Skrzynecki  lay  through  Ostrolen- 
ka across  the  Narew,  and  so 
down  the  right  bank  of  the  river 
towards  Praga.  He  had  passed 
the  Fiver,  when  the  Russians  en^- 
tered  tne  town,  having  partly  des- 
troyed the  bridge,  and  having 
taken  a  position  so  as  to  be  able 
to  subject  the  Russians  to  great 
loss  while  they  were  effecting  the 
passage.  He  succeeded  accord- 
ing to  his  purpose,  the  Russians 
losing  from  10,000  to  15,000 
men  in  the  battle,  and  the  Poles 
only  4,000.  Among  the  latter, 
however,  were  two  general  offi- 
cers of  great  merit,  Kaminski  and 
Kicki,  who  w^ere  killed  in  gallant- 
ly leading  on  a  charge.  After 
the  battle,  the  Poles  continued 
their  march  undisturbed  to  Praga. 
Soon  after  this  time,  occurred 
the  sudden  decease  of  Marshal 
Diebitsch.  He  died  at  Kleczko- 
wo  near  Ostrolenka,  on  the  9th 
of  June.  The  most  probable  ac- 
counts of  his  death  ascribe  it  to 
apoplexy.  It  has  been  said, 
however,  that  chagrin  arising  from 


the  slow  progress  of  the  Russiarr 
arms  and  the  great  losses  they 
sustained,  and  the  knowledge  or 
expectation  that  Paskewicz  was 
to  supersede  him,  hastened  or^ 
produced  his  death.  We  should 
mention,  also,  that  the  Grand 
Duke  Constantine  died  during 
the  campaign,  of  disease,  it  is 
true,  but  still,  perhaps,  in  conse- 
quence  of  the  vexation  and  hard- 
ships occasioned  by  the  insurrec- 
tion. After  the  death  of  Die- 
bitsch, the  provisional  command 
of  the  army  devolved  upon  Gen- 
eral Toll,  until  the  arrival  of 
Paskewicz,  who  had  risen  to 
distinction  in  the  Asiatic  cam- 
paign of  the  Turkish  war,  as  Die- 
bitsch did  in  the  European. 

Skrzynecki  having  effected  his 
double  purpose  of  providing  em- 
ployment for  the  combined  corps 
of  Kreutz  and  Witt,  and  driving 
off  the  Imperial  Guard,  proceed- 
ed to  execute  his  ulterior  plan, 
for  creating  a  diversion  in  favor 
of  the  Poles  by  transferring  the 
war  in  part  to  Lithuania.  The  in- 
surgents, in  that  quarter,  seemed 
to  need  only  the  presence  of  a 
small  organized  force  of  their  Po- 
lish friends  to  be  more  than  a  match 
for  the  Russians ;  and  several 
corps  were  successively  detach- 
ed by  Skrzynecki  to  afford  the  re- 
quisite assistance.  A  small  corps 
under  General  Chlapowski  tra- 
versed the  department  of  Bialos- 
tok  triumphantly,  gaining  consid- 
erable advantages  over  bodies  of 
Russians  at  Bielsk  and  at  Narew- 
ka.  A  second,  commanded  by 
Colonel  Sierakowski,  after  pursu- 
ing a  division  of  the  Imperii  Guard, 
under  General  Saken,  had  orders 
to  proceed  onward  in  the  direc- 


POLAND. 


205^^ 


tion  of  Lithuania.  Finally,  Gen- 
eral Gielgud  and  his  division 
started  from  Lomza  for  the  same 
destination  on  the  27th  of  May. 
Upon  this  hazardous  service 
a  very  considerable  portion  of 
the  Polish  army  was  employ- 
ed, amounting  to  6,350  infantry, 
1,30(>  horse,  and  28  field  pieces. 
General  Gielgud  soon  came  up 
with  Colonel  Sierakowski  and 
his  corps,  and  they  proceeded 
together  until  they  overtook  the 
Russians  on  the  29th,  at  the  lake 
ofRaygrod  near  the  village  of 
Graiewo.  A  battle  ensued,  in 
which  the  Poles  obtained  a  deci- 
sive victory,  after  which  the  Rus- 
sians hastily  retreated  by  the  road 
to  Kowno.  Instead  of  pressing 
the  attackj  Gielgud  suffered  Gen- 
eral Saken  to  make  progress  on 
the  way  to  Wilna,  the  capital  of 
Lithuania,  while  the  endeavor 
should  have  been  to  intercept  him 
in  his  march,  so  as  to  prevent  the 
scattered  corps  of  Russians  from 
concentrating  themselves  in  that 
important  city,  and  suppressing 
the  patriotic  designs  of  its  inhab- 
itants. General  Gielgud  commit- 
ted another  fault.  Lithuania  is 
bounded  on  the  side  towards 
Warsaw,  by  the  river  Niemen,  or 
Memel  as  it  is  called  in  a  part  of 
its  course.  Wilna  is  situated  on 
a  small  branch  of  this  river,  called 
Wilyia,  which  flows  into  the  Me- 
raen  at  Kowno.  It  so  happened' 
that  the  brave  little  corps  under 
Chlapowski  had  already  passed' 
Grodno  and  pushed  itself  forward 
to  the  tract  of  country  between 
Kowno  and  Wilna;  and  had  Giel- 
gud crossed  the  Niemen  in  the 
direct  course  towards  Kowno,  he 
would  have  been  but  a  day's 
18* 


march  from  Chlapowski.  Instead 
of  this,  he  continued  on  to  a  place 
called  Gielgudiski,  thirty-two  miles 
below  Kowno,  and  wholly  out  of 
the  direct  road  to  Wilna. 

Having  passed  the  Niemen, 
and  entered  Lithuania,  Gielgud' 
was  joined  by  Chlapowski  on  the 
9th  of  June,  and  the  united  corps 
marched  to  Zeymy.  Many  Lith- 
uanians rallied  around  the  Poles 
on  the  march  ;  and  among  them, 
was  the  celebrated  Countess  Pla- 
ter, who  came  in  with  a  regi- 
ment of  five  or  six  hundred  Lith- 
uanians raised  and  equipped  at 
her  own  expense.  This  young 
heroine  was  uniformly  at  the  head 
of  her  regiment  in  the  hottest  en- 
gagements, and  sacrificed  every- 
thing in  her  country's  cause. 
The  ancients  would  have  raised 
altars  to  such  a  splendid  example 
of  female  patriotism,  as  being 
something  divine ;  in  the  middle 
age,  knights  and  men  at  arms 
would  have  flocked  to  her  ban- 
ner from  the  remotest  corners  of 
Christendom,  as  to  a  crusade ; 
but  in  these  calculating  days  gf 
political  combination,  when  pro- 
tocols alone  are  potent  to  save, 
the  Countess  Plater  enjoys  the 
melancholy  honors  of  a  glorious, 
exile. 

The  Polish  generals  commenc- 
ed operations  by  an  attempt  on 
Wilna.  Tlieir  plan  was  that 
General  Dembinski  should  make 
a  detour  so  as  to  attack  Wilna  on 
the  other  side,  while  Gielgud  ad- 
vanced in  front ;  but  by  reason  of 
not  being  supported  by  Gielgud, 
Dembinski  was  compelled  to  re- 
treat, and  thus  tile  plan  failed'.. 
And  by  another  inconceivable 
error,  Gielgud  attacked  the  city 


206 


ANNUAL  REGISTER,  1830— 3  r. 


without  availing  himself    of    the 
aid   of  Dembinski,   who,  at  the 
time    of    the  attack,   instead  of 
being  permitted  to  co-operate  in 
it,  was  marching  in  another  direc- 
tion by  Gielgud's  orders.     The 
attack  itself  was  altogether  unfor- 
tunate both  in  conception  and  in 
execution.     Gielgud  marched  up 
the  Poles  in  broad  day,  without 
any    particular   combinations   to 
further  his  object,  to  cany  by  as- 
sault the  Russian  centre  before 
Wilna,  the  Russians  being  strong- 
ly posted  and  with   three  times 
the  force   of  the    Poles.      The 
consequence  was  a  repulse,  which 
was  most  disastrous  in  its  effects. 
Not  only  did  the  Poles  sustain  a 
severe  loss,  but  their  cause  more 
especially  suffered ;  for  the  citi- 
zens of  Wilna  had  risen  upon  the 
Russians  at  the  sound  of  the  Po- 
lish cannon,  and  the  city  was  fill- 
ed with  arrests  and  imprisonments 
after  the  Poles  retreated.     The 
Poles  were  so  much  dissatisfied 
with  tlie  conduct  of  Gielgud,  that 
he    was    virtually     superseded, 
the    authority  and  responsibility, 
though  not  the  name  of  command- 
er, being  bestowed  on   General 
Chlapowski. 

Contemporaneously  with  the  hap- 
pening of  these  disasters  was  the 
unfortunate    expedition  conduct- 
ed by  General  Jankowski.  A  divi- 
sion  of  infantry  under  General 
Muhlberg  left  Praga  on  the  13th 
of  June,  to  be  combined  with  a 
division  of  cavalry,  which  depart- 
ed from  Kock  the  same  day  un- 
der General  Jankowski,  who  was 
to   command   the  unUed   corps, 
and  to  act  in  concert  with  Gene- 
ral Chrzanowski  against  the  vari- 
ous bodies  of  Russians  in  the  di-  ania. 


rection  of  Lublin.  General  Ru- 
diger's  corps  would  have  been 
destroyed  if  Jankowski  had  done 
his  duty.  Chrzanowski  stood 
ready  to  attack  the  Russians,  but 
Jankowski  remained  inactive  and 
suffered  them  to  receive  reinforce- 
ments, and  to  pass  the  Wieprz 
unimpeded.  A  council  of  war 
was  then  called,  and  it  was  ar- 
ranged that  Generals  Turno  and 
Romarino  should  attack  the  ene- 
my on  one  side,  to  be  supported 
by  Generals  Jankowski  and  his 
brother-in-law,  Bukowski,  on  the 
other,  who  were  to  march  at  the 
first  sound  of  cannon.  Turno 
engaged  the  enemy  vigorously, 
and  made  head  against  him  for 
six  hours,  while  Jankowski  and 
Bukowski,  in  full  sight  and  hear- 
ing of  the  action,  remained  com- 
pletely inactive,  by  which  alone 
the  Russians  escaped  total  des- 
truction. Their  conduct  was 
considered  a  decisive  indication 
of  treason,  and  they  were  forth- 
with put  under  arrest. 

This  affair  occasioned  extraor- 
dinary excitement  in  Warsaw. 
It  was  supposed  to  have  connex- 
ion with  a  conspiracy,  detected  in 
the  city  about  the  same  time, 
which  had  for  its  object  the  liber- 
ating and  arming  of  the  Russian 
prisoners,  by  whom  Warsaw  was 
to  be  delivered  up  to  the  enemy. 
The  discovery  of  such  extensive 
treason,  pervading  even  the  mili- 
tary movements  of  the  army  it- 
self, struck  the  people  with  con- 
sternation and  dismay.  Their 
agitation  yielded  to  a  feeling  of 
intense  agony,  when  they  receiv- 
ed intelligence  of  the  total  pros- 
tration of  their  cause  in  Lithu- 


POLAND. 


207 


After  the  battle  of  Wilna,  de-  in  support  of  the  insurrection, 
feat  and  disaster  seemed  to  be  the  All  these  were  operations  on  the 
never  failing  accompaniments  of  offensive,  at  a  time  when  the  con- 
tingency required  steadfast  de- 
fensive efforts  to  ,  secure  the 
means  of  returning  to  Poland; 
and  their  result  was  fatal  to  the 
cause  of  the  Poles. 

Each  of  the  subdivisions  start- 
ed for  its  destination  on  the  9th  of 
July.  General  Rohland  was  fol- 
lowed by  the  whole  force  of  the 
enemy ;  and  on  the  11th,  was  at- 
tacked by  them  at  Powenduny, 
and  after  his  corps  had  performed 
prodigies  of  valor  in  sustaining 
the  attack  of  so  large  a  body  of 
fresh  and  well  supplied  troops, 
they  continued  their  march  so  as 
to  arrive  on  the  morning  of  the 
12th  at  Retow.  Here  they  v/ere 
astonished  to  learn  that  General 
Chlapowski  had  passed  through 
that  place  the  day  before  in  a 
rapid  march  towards  the  Prussian 
frontier.  During  the  batde  of 
Powenduny  he  had  been  only 
four  miles  distant  from  Rohland's 
corps,  and  had  been  urged  by  his 


the  Polish  army  in  Lithuania. 
Their  line  of  operation,  immedi- 
ately subsequent  to  the  battle, 
was  on  the  rivers  Swienta  and 
Wilyia,  the  former  being  a  small 
stream  which  flows  into  the  latter 
between  ^Vilna  and  Kowno.  On 
the  29th  of  June,  the  Russians 
commenced  an  attack  along  the 
whole  line  of  the  Poles,  the  skir- 
mishes being  obstinate  at  every 
and  the  Poles  were  com- 


point, 

pelled  to  abandon  all  their  defen- 
ces.    The  Russians  continued  to 
pursue  the  retreating  Poles,  en- 
gaged them  successfully  at  Ros- 
seyny,  repulsed  them  with  great 
loss  in  an  attack  on  Schavla,  and 
gradually  entered  into  dispositions 
for  cutting  off  their  means  of  ac- 
cess to  Poland.     In  these  peril- 
ous circumstances,  the  Poles  di- 
vided their  forces  into  three  di- 
visions.     One   of  them,   under 
Chlapowski,    was   to   make   for 
Kowno,  and  endeavor  to  take  this 
place  by  surprise,  so  as  to  reop- 
en the  communication  with  their 
own  country.     A  second,  under 
General  Rohland,  was  to  march 
upon  Polonga,  a  port  on  the  Bal- 
tic, where  they  expected  to  re- 
ceive supplies  from  some  French 
vessels  cruising   near   that  port, 
after  which  they  were  to  ascend 
the  Dwina  on  its  left  bank,  and  to 
prevent  the  Russians  from  receiv- 
ing supplies  by  way  of  the  prov- 
ince of  Courland.     The  last  di- 
vision, under  Dembinski,  was  to 
operate  in  the  province  of  Minsk,* 

*  Minsk,  here  spoken  of,  is  a  province 
of  Lithuania,  having  a  capital  of  the 
same  name.    There  la  also  a  town  called 


troops,  vi^ho  heard  the  firing 
through  the  whole  day,  to  march 
them  to  the  succor  of  their  breth- 
ren. But  he  refused,  insisting 
that  the  Russians  had  inevitably 
destroyed  the  small  force  under 
Rohland,  and  that  nothing  remain- 
ed for  themselves  bat  to  seek 
refuge  in  Prussia,  and  to  claim 
the  protection  of  that  power. 
They  did  so,  and  were  of  course 
disarmed  and  put  under  guard. 
Rohland  and  his  troops  hurried 
after  them,   hoping  to  overtake 

Minsk  in  the  kingdom  of  Poland  near  to 
Warsaw,  which  we  have  referred  to  in 
giving  an  account  of  the  operations  of 
the  Polish  maia  army. 


208 


ANNUAL  REGISTER,  1830—31. 


them  before  they  passed  the  fron- 
tier, and  to  prevent  their  taking 
this  fatal  step.  In  fact,  Rohland 
overtook  them  before  they  had 
all  entered  in  Prussia,  and  the 
corps  of  Gielgud  and  Chlapovvski 
thus  had  a  full  view  of  the  corps 
of  Rohland,  which  they  were 
previously  told  by  Chlapowski 
had  been  cut  off  by  the  Russians. 
Nothing  could  exceed  the  indig- 
nation of  the  Poles,  or  banish 
from  their  minds  the  conviction 
that  Gielgud  and  Chlapowski 
were  false  to  their  country,  and 
had  wilfully  betrayed  them  into 
the  hands  of  Prussia.  One  of 
the  officers,  under  the  indignant 
feelings  of  the  moment,  shot  Gi- 
elgud on  the  spot  with  a  pistol, 
and  could  Chlapowski  have  been 
found,  he  would  have  incurred 
the  same  fate. 

General  Rohland  and  his  corps 
then  started,  in  order  to  find 
some  proper  place  for  crossing 
the  Niemen,  and  return  home. 
On  arriving  at  Nowe-Miasto, 
near  Yurburg,  where  they  in- 
tended to  cross,  they  found  the 
enemy'^s  forces  in  camp,  and  so 
posted  as  to  be  able  to  dispute 
their  further  progress.  The 
Poles  then  saw  themselves  con- 
fined between  the  Russians  and 
the  Prussian  fi-ontier,  and  in  a 
condition  utterly  hopeless.  They 
were  short  of  ammunition,  their 
horses  were  broken  down  by  un- 
remitted use  so  as  to  be  unfit  for 
service,  and  the  soldiers  were 
exhausted  by  a  continuance  of 
forced  marches,  most  of  them 
l)eing  without  covering  to  their 
feet.  In  these  circumstances, 
tliey  were  under  the  necessity  of 
accepting  the  profiered  protection 


of  the  Prussian  authorities,   and 
they  also  were  lost  to  Poland. 

The  Lithuanian  disasters  gave 
new  courage  to  the  Russians  be- 
fore Praga,  directed  by  the  fresh 
energies    of    count    Paskewicz. 
This    general   resolved   to    pass 
the  Vistula  and  transfer  the  war 
to   the   left  bank   of  that  river. 
The   Russian   army  accordingly 
crossed   the   river    between   the 
12th  and  20th  of  July,  uninter- 
rupted by  Skrzynecki,  who  was 
too  far  from  the  point  of  passage 
to  prevent  it.     In  so  doings,  the 
Russians  produced   great   alarm 
in  Warsaw,  the  citizens  of  which, 
disheartened  by  the  misfortunes 
in  Lithuania  and  the  recently  dis- 
covered conspiracy  of  Jankowski, 
apprehended   the   worst    conse- 
quences from  this  new  movement 
of  the  Russians.     Anxious,  dis- 
trustful, agitated,  the  people  de- 
manded  the   appointment   of    a 
council  of  war  to  confer  with  the 
commander-in-chief  regarding  his 
plans,  and  to   be  constantly  at- 
tached  to   his   person,  so  as  to 
tranquillize  the  minds  of  the  na- 
tion.    Skrzynecki   opened  him- 
self   unreservedly   to    the    new 
council,  on  receiving  their  oath 
not  to   disclose  his  plans ;    and 
they   published  an   addVess,  as- 
suring the  nation  of  their  perfect 
confidence  in  his  patriotic  inten- 
tions.    By  these  means  a  certarn 
degree    of    tranquillity  was    re- 
established in  Warsaw. 

The  public  gloom  was  inter- 
rupted for  a  brief  space  by  the 
arrival  of  General  Dembinski  and 
his  corps  in  safety.  They  had 
fought  their  way  from  the  banks 
of  the  Wilyia,  traversing  four 
hundred  miles  in  twenty  days,  in 


POLAND. 


209 


the  midst  of  detachments  of  the 
enemy,  over  whom  they  uniform- 
ly gained  advantage  at  every  en- 
counter. Warsaw,  the  citizens, 
the  army,  the  whole  Polish  nation, 
discerned  in  this  fact,  the  treason 
or  ineptitude  of  Gielgud  and  Chla- 
powski,  who  had  criminally  sac- 
rificed the  bravest  soldiers  en- 
trusted to  their  charge,  in  the 
same  circumstances  which  had 
afforded  to  Dembinski  such  a 
splendid  triumph. 

But  the  return  of  this  relic  of 
the  Lithuanian  army  was  only  a 
temporary  gleam  of  sunshine;  for 
the  fate  of  Poland  was  now  sealed. 
Marshal  Paskewicz  caused  the 
Russian  forces  to  be  concentrated 
at  Lowicz  on  the  left  bank  of  the 
Vistula,  until  their  victorious 
troops  left  Lithuania,  and  also  ef- 
fected the  passage  of  the  Vistula, 
so  as  to  threaten  the  capital  with 
the  whole  weight  of  the  Russian 
army  in  Poland.  In  regard  to 
this  final  period  of  the  struggle 
we  do  not  possess  the  same  full 
and  authentic  details,  which  have 
guided  us  in  our  account  of  the 
previous  military  operations.  It 
appears,  however,  that  after  the 
Russians  had  posted  themselves 
at  Lowicz,  the  Poles  marched 
from  Warsaw  to  meet  them. 
Prince  Czartoriski  himself  ac- 
companying the  commander-in- 
chief  in  person,  as  indeed  he  had 
done  continually  before,  having 
been  at  Skrzynecki's  side  m  many 
batdes.  Nothing  of  a  decisive 
nature,  however,  was  done,  or 
could  be  done,  by  the  Poles,  in  a 
rencounter  with  the  grand  army 
of  the  Russians. 

It  has  been  since  imputed  to 
Skrzynecki  as  an  error  that  he 


did  not,  in  this  crisis,  throw  him- 
self on  the  detached  Russian 
corps  on  the  right  bank  of  the 
Vistula,  where  they  were  in  a 
situation  to  be  incapable  of  re- 
ceiving timely  succor  from  their 
countrymen  on  the  left  bank.  It 
has  also  been  objected  that,  in- 
stead of  marching  upon  Lowicz,  or 
at  all  events  whether  he  did  that 
or  not,  he  should  have  considered 
it  all  important  to  strengthen  the 
fortifications  of  Warsaw,  so  as  to 
render  it  equally  impregnable 
with  Praga.  Whether  any  bet- 
ter fortune  would  have  resulted 
from  a  different  line  of  operations, 
it  is  impossible  to  say.  Skrzy- 
necki, whose  talents  and  patriot- 
ism have  been  admitted  by  all, 
and  mentioned  in  the  highest 
terms  of  praise  by  such  men  as 
General  Lamarque,  the  distin- 
guished French  patriot,  and  otlier 
competent  judges, — adopted  the 
course,  which,  in  a  perfect  knowl- 
ege  of  all  the  circumstances  of 
the  case,  he  deemed  to  be  most 
judicious ;  and  if  he  failed,  it  was 
rather,  as  we  shall  presently  see, 
the  fault  of  their  paltering  friends, 
than  of  the  gallant  Poles  them- 
selves. But  the  inhabitants  of 
Warsaw,  and  the  ardent  lovers  of 
their  country  assembled  there 
from  other  parts  of  Poland,  mad- 
dened by  the  recent  accumula- 
tion of  public  disaster,  beginning 
with  the  prostration  of  their  cause 
in  Lithuania  and  consunniiated 
by  the  approach  of  the  Russians 
to  Warsaw,  broke  out  into  acts 
of  domestic  violence,  which  stand 
alone  in  the  history  of  the  revo- 
lution as  examples  of  popular  out- 
rage, and  unhappily  contributed 
to  hasten  the  melancholy  catas- 


5^10 


ANNUAL  REGISTER,  1830—31. 


Irophe,  which  was  now  impend- 
ing. 

At  the  period  in  question,  the 
14th,  15th,  and  16th  days  of  Au- 
gust, Skrzynecki  and  Czartorlski 
were  absent  from  the  city,  at  the 
head  of  the  army,  which  remain- 
ed comparatively  inactive.  Un- 
der the  stimuhjs  of  the  causes  to 
which  we  have  alluded,  the  ex- 
citement of  the  people  rose  to 
phrenzy.  For  two  da}  s  the  city 
was  filled  with  commotion.  The 
people  stormed  and  broke  open 
the  castle,  in  which'  Jankowski, 
and  the  other  traitors  detected  in 
the  conspiracy  of  the  Russian 
prisoners,  were  confined, — and 
killed  the  principal  criminals  to 
the  number  of  about  forty  persons. 
Order  was  at  length  restored ; 
but  not  until  the  cause  of  Polish 
independence  had  been  deeply  dis- 
graced by  these  unhappy  scenes. 
Had  the  commotion  passed  away 
with  the  loss  of  the  lives  of  a  few 
traitors,  it  would  still  be  a  subject 
of  extreme  regret  that  such  inci- 
dents had  ever  occurred,  to  stain 
the  purity  of  so  glorious  a  cause. 
But  the  people,  actuated  by  their 
opinions  of  the  unexplained  inac- 
tion of  the  army,  went  so  far  as 
to  demand  the  removal  of  Skrzy- 
necki and  Czartoriski,  and  this  fa- 
tal step  was  taken.  General 
Krukowiecki  succeeded  to  the 
civil,  and  General  Prondzynski  to 
the  military  supremacy.  Both 
of  these  officers  had  been  highly 
distinguished  throughout  the  war. 
Prondzynski,  w^ith  Chrzanowski, 
whose  achievements  in  the  palati- 
nate of  Lublin  we  have  had  oc- 
casion to  commemorate,  were  the 
counsellors  and  confidants  of 
Skrzynecki  in  his  earlier  opera- 


tions. It  was  the  policy  of 
Skrzynecki  to  observe  the  great- 
est secrecy  in  regard  to  his  plans, 
but  he  generally  advised  with 
Chrzanowski,  and  with  Prondzyn- 
ski who  succeeded  that  officer  as 
chef  d  '  etat  major.  All  these 
circumstances  indicate  the  gen- 
eral fitness  of  Prondzynski  to 
conduct  the  war ;  but  the  present 
was  not  a  moment  when  a  change 
could  be  made,  without  the  most 
disastrous  influence  upon  the  is- 
sue of  the  struggle ;  for  the  exi- 
gency demanded  the  intellect  of 
a  chief  like  Skrzynecki,  familiar 
with  every  detail,  and  fully  pos- 
sessed of  the  confidence  of  the 
army. 

When  Prondzynski  assumed  the 
command,  he  despatched  a  con- 
siderable part  of  the  army  across 
to  the  right  branch  of  the  Vistula, 
to  act  against  Golownin,  who  men- 
aced Praga.  At  an  earlier  peri- 
od, the  movement  might  have 
been  useful ;  but  now  it  w^as  too 
late.  Availing  themselves  of  the 
distracted  state  of  the  inhabitants 
of  Warsaw,  and  of  the  absence 
of  so  large  a  portion  of  the  army 
on  the  other  side  of  the  Vistula, 
the  Russians  immediately  invest- 
ed the  capital,  defended  only  by 
its  militia,  or  national  guard  as  it 
is  called,  with  but  a  small,  part  of 
the  regular  troops.  Nicholas 
had  issued  an  edict  or  ukase  un- 
der date  of  July  29th,  addressed 
to  the  Poles,  and  to  be  commu- 
nicated by  Paskewicz  before  com- 
mencing an  assault  upon  the  city. 
In  it,  the  Emperor  reminded  the 
Poles  that  the  armies  they  sent 
into  Lithuania  had  been  driven 
upon  foreign  soil  and  made  cap- 
tive; that  the  Lithuanian  provinces 


POLAND. 


211 


were  now  quieted,  and  the  Rus- 
sian troops  which  had  been  sent 
thither  had  returned  to  strengthen 
the  main  army  ;  and  that  the  ap- 
proaching events  must  be  deci- 
sive of  the  fate  of  Poland.  He 
exhorted  them,  accordingly,  to 
lay  down  their  arms,  and  accept 
of  terms  of  peace  and  reconcilia- 
tion in  unconditional  submission 
to  his  mercy.  The  Poles,  of 
course,  were  far  enough  from  a 
disposition  to  submit,  without  a 
last  expiring  struggle,  to  the  pow- 
er of  the  Russians ;  and  both 
sides  prepared  for  the  final  effort. 
Paskewicz,  having  invested  the 
city,  opened  a  negociation  on  the 
5th  of  September,  in  order  to 
prevent  the  effusion  of  blood,  by 
obtaining  a  voluntary  surrender. 
But  finding  that  the  Poles  were 
determined  to  fight  it  out  to  the 
last,  he  caused  his  army  to  ad- 
vance, on  the  6th  at  day  break,  to 
the  storm  of  the  city.  According 
to  the  accounts  of  the  Russians 
themselves,  it  was  only  after  a 
desperate  and  sanguinary  resis- 
tance, (hat  the  enormous  masses, 
which  they  successively  brought 
up  to  the  assault,  succeeded  in 
making  themselves  masters  of 
the  redoubts  in  their  line  of  march, 
and  of  the  outer  defences,  which 
surrounded  the  city,  one  of  which 
was  in  itself  a  perfect  fortress. 
But  after  they  had  proceeded 
thus  far,  and  having  occupied  the 
whole  day  in  carrying  the  exter- 
nal line  of  intrenchment,  they 
found  that  a  second  line  of  in- 
trenchments,  and  a  broad  moat 
defended  by  bastions,  remained 
to  be  carried.  Early  on  the 
morning  of  the  7th,  new  attempts 
at  negociation  were  made,  and 


General  Krukowiecki  acknowl- 
edged the  necessity  of  a  surren- 
der, but  declared  that  it  lay  with 
the  Diet  alone  to  decide  upon  the 
measure.  An  interview  took 
place  on  the  subject  between 
Krukowiecki  and  Paskewicz,  in 
which  the  latter  strongly  urged 
the  Polish  General  to  avert  from 
the  city  the  disasters  which  must 
inevitably  attend  a  protracted  de- 
fence.— Paskewicz  gave  the  Poles 
three  hours  respite,  for  the  pur- 
pose of  reacting  upon  the  ^situ- 
ation of  affairs;  and  at  the  end 
of  that  time,  commenced  his  ope- 
rations against  the  second  line  of 
intrenchments. 

The  Russians  advanced  with 
great  bravery,  but  they  were  re- 
ceived by  men  not  less  brave 
than  themselves,  and  who  were 
animated  by  the  coavulsive  ener- 
gy of  despair.  In  this  attack 
Marshal  Paskewicz  himself  was 
wounded  by  a  contusion  on  the 
left  arm  and  breast,  and  obliged 
to  quit  the  field,  leaving  General 
Toll  to  lead  on  the  battalions  to 
the  assault.  The  Russians  were 
at  first  repulsed ;  but  they  pos- 
sessed a  resource  in  their  num- 
bers, which  enabled  them  to  con- 
tinue the  assault  with  fresh  troops, 
while  the  unfortunate  Poles  had 
but  small  means  of  reinforcement. 
However,  this  devoted  people 
defended  every  inch  of  ground 
with  unshaken  resolution.  When 
the  intrenchments  were  carried, 
they  made  a  determined  stand  in 
the  gardens  and  on  the  edge  of 
the  ditches  around  the  city,  so 
that  it  waS  already  dark  before 
the  Russians  had  overcome  the  va- 
rious successive  obstacles,  which 
impeded  their  access  to  the  walls. 


^12 


ANNUAL  REGISTER,  1830—31. 


These  being  at  length  reached, 
were  scaled  and  carried  at  the 
point  of  the  bayonet,  the  soldiers 
being  lighted  on  by  the  burning 
houses  of  the  suburbs  and  the  nu- 
merous windmills  in  the  environs. 
But  here,  at  the  close  of  another 
day  of  carnage,  the  Russians 
were  obliged  to  pause,  to  gather 
strength  for  the  sack  of  the  city, 
which  they  contemplated  for  the 
morrow.  Even  now,  while  War- 
saw was,  in  a  military  point  of 
view,  in  possession  of  the  enemy, 
the  Polish  army,  if  beaten,  yet 
was  not  conquered.  At  mid- 
night, a  deputation  of  the  citizens 
came  to  the  Russians,  to  signify 
that  the  Diet  was  dissolved,  and 
to  deliver  up  the  city  at  discretion. 
On  the  morning,  therefore,  of 
the  8th,  the  army  left  the  city  by 
the  way  of  Praga,  and  proceeded 
in  the  direction  of  Plock. 

On  the  same  day  the  Russians 
took  full  possession  of  the  city, 
which,  by  its  submission,  was  res- 
cued from  sack  and  pillage  at  the 
hands  of  a  lawless  soldiery,  only 
to  be  gradually  sacked  and  pil- 
laged by  the  titled  minions  of  a 
foreign  oppressor. 

With  the  surrender  of  War- 
saw the  war  was  ended  ;  for  the 
shattered  relics  of  the  army  were 
incapable  of  making  head  against 
the  Russians.  Of  the  subsequent 
fate  of  these  brave  men,  we  shall 
have  occasion  to  give  an  account 
in  another  year,  when  the  meas- 
ures of  administration  adopted  by 
Nicholas  were  developed,  and 
the  condition  of  the  refugees  be- 
came the  subject  of  particular  in- 
terest. 

We  defer  to  the  same  period 
the  explanation  of  the  new  or- 


ganic statutes  of  Nicholas,  re- 
pealing the  constitution  of  Poland, 
in  defiance  of  the  acts  of  the 
Congress  of  Vienna,  by  virtue  of 
which  alone  he  held  the  kingdom. 
It  should  be  stated,  in  expla- 
nation of  the  long  inaction  of  the 
Polish  troops,  which  preceded 
the  capture  of  Warsaw,  that  the 
two  chiefs,  Skrzynecki  and  Czar- 
toriski,  were  misled, — shall  we 
rather  say  deluded  ? — by  the  rep- 
resentations of  foreign  cabinets. 
The  Polish  government  received 
official  advices  from  Count  Se- 
bastiani,  by  a  special  messenger 
despatched  on  the  7th  of  July, 
urging  the  Poles  not  to  risk  a 
general  battle  with  the  Russians, 
but  to  temporize  for  the  space 
of  two  months,  when  the  cabinets 
of  France  and  England  would  be 
enabled  to  accomplish,  by  means 
of  negociation,  the  national  object 
so  ardently  desired  by  the  Poles. 
They  did  wait,  and  the  conse- 
quence was  the  fall  of  their  coun- 
try. Thus  it  was  that  those  two 
powers,  which,  by  manifesting  a 
proper  degree  of  indignation  and 
firmness,  might  have  saved  Po- 
land originally,  were  equally  iti- 
strumentalj  by  the  same  defective 
policy,  in  accelerating  the  final 
overthrow  of  the  Poles.  But 
we  trust  that  they  will  efficacious- 
ly exert  the  influence  they  pos- 
sess, in  alleviating  the  sufferings 
of  the  Poles,  after  having  apa- 
thetically stood  by,  to  witness 
their  subjugation  unmoved.  If 
they  do  not,  let  the  gallant  Poles 
be  persuaded  that,  banished  as 
they  may  be  from  their  native 
country,  and  jealously  watched 
as  they  are  in  Europe,  there  is 
yet  republican  America  remain- 


POLAND. 


213 


ing  to  receive  with  the  open 
arms  of  affectionate  welcome,  the 
exiled  countrymen  of  Kosciuszko. 
In  view  of  the  fate  of  Poland, 
with  all  her  glorious  aspirations 
after  independence, — in  view  of 
that  heroic  and  self-sacrificing  re- 
sistance of  hers  to  the  inexhaust- 
ible hordes  of  the  Muscovite, 
which,  all  things  considered,  has 
no  parallel  in  our  day,  but  which 
has  passed  away  unblessed, — we 
bow  in  humble  submission  to  the 
power  which  rules  the  universe. 
It  is  the  inscrutable  decree  of 
Providence,  which  has  suffered 
the  most  barbarous  in  lineage  and 
spirit  among  the  Christian  sover- 
eign families  to  extend  its  empire 
over  a  hundred  tribes  of  men, 
coveting  an  ample   half  of  Eu- 


rope and  Asia,  and  so  frequently 
in  our  tiine,  to  pour  forth  its 
Tartar  legions,  sending  terror  and 
desolation  into  the  more  civilized 
states  of  central  and  western  Eu- 
rope. But  in  the  total  prostra- 
tion of  the  Poles,  there  is  one 
human  ground  of  consolation,  so 
beautifully  expressed  by  the  poet : 

They  never  fail,  who  die 
In  a  good  cause :  the  block  may  soak 

their  gore ; 
Their  heads  may  sodden  in  the  sun ; 

their  limbs 
Be  strung  to  city  gates  and  castle  walls, 
But  still    Iheir    spirit    walks    abroad. 

Though  years 
Elapse,  and  others  share  as  dark  a  doom, 
They  but  augment  the  deep  and  sweep- 
ing thoughts, 
Which  overpower  all  others,  and  con- 
duct 
The  world  at  last  to  freedom. — 


CHAPTER      XII. 
THE     NETHERLANDS. 


State  of  things  in  October,  1 830. — Bombardment  of  Antwerp. — 
?{ationcil  Congress. — De  Pottefs  Resignation. — Declaration  of 
Independence. — Adoption  of  Monarchy. — Exclusion  of  the  House 
of  Orange. — Designs  of  Russia. — 27ie  Constitution. —  Offer  of 
the  Crown  to  the  Due  de  Nemours. — Regency  of  Surlet  de  Cho- 
kier. —  Conferences  of  London. — Qiiestion  of  Luxembourg. — 
Election  of  Prince  Leopold. — Hostilities  commenced  by  Hol- 
land.—  Opening  of  the  Belgic  Chambers. 


Notwithstanding  that  the 
relations  of  Belgium  and  Holland 
remain  to  this  day  in  the  most  un- 
settled state,  still  much  was  done 
in  the  course  of  the  year  1831,  to 
give  stability  and  permanency  to 
the  independent  political  exist- 
ence of  Belgium.  We  took  leave 
of  the  subject,  in  our  last  volume, 
at  the  time  when  the  Prince  of 
Orange  gave  sanction,  by  his 
proclamation  from  Antwerp  of 
October  16th,  1830,  to  the  revo- 
lutionary movements  of  the  Bel- 
gians. The  commission  of  the 
Prince  of  Orange  had  been  grant- 
ed only  on  the  4th  of  October ; 
and  it  was  recalled  by  his  father 
on  the  20th  of  the  same  month. 
By  the  royal  ordinance  of  that 
date,  which  terminated  the  author- 
ity of  the  Prince,  it  was  announc- 
ed that  the  Dutch  government 
w^ould  be  thenceforth  confined  to 
the  northern  provinces,  and  to 
Luxembourg,  and  the  actual  sep- 


aration of  Belgium  and  Holland 
was  thus  officially  recognised. 
At  the  same  time,  the  fortresses 
of  Antwerp,  Maestricht,  and  Ven- 
loo,  within  the  Belgic  territory, 
were  still  held  by  Dutch  troops, 
and  those  places  were  declared  to 
be  in  a  state  of  siege.  And  at 
the  opening  of  the  States  General 
on  the  18th,  King  William  admit- 
ted, in  somewhat  similar  terms, 
that  the  separation  was  now  com- 
plete. The  affairs  of  Belgium, 
meanwhile,  were  administered  by 
the  provisional  government  estab- 
lished at  Brussels^  under  the 
presidency  of  JM.  de  Potter. 

At  this  period,  although  William 
has  thus  avowedly  ceased  to  have 
any  effective  control  over  the  Bel- 
gians, and  the  Hague  was  once 
more  the  capital  of  the  Dutch 
provinces  exclusively,  yet  a  pos- 
sibility existed,  that  the  sovereign- 
ty of  the  new  state  of  Belgium 
misht  be  offered  to  the  Prince  of 


THE  NETHERLANDS. 


Orange.    This  possibility  was  ex- 
tinguished forever  by  events  which 
transpired  at  Antwerp.     A  body 
of  Dutch  troops  remained  on  the 
road  between  Mechlin  and  Ant- 
werp, contijiually  pursued,  how- 
ever, by  parties  of  the  Belgians 
from   Brussels.     At   length,   the 
Dutch    troops   were    compelled, 
partly  by  armed  citizens  of  Ant- 
werp and  partly  by  the  Brussels 
volunteers,  to  take  refuge  in  the 
citadel.    This  is  a  strong  fortress, 
constructed   by  the  side  of  Ant- 
werp by  the  Spaniards,  whose  ob- 
ject in  building  it,  was   quite   as 
much  to  command  the  city,  as 
to  protect  it  against  foreign  ag- 
gression.     After  the  Dutch  had 
retired  into  this  convenient  strong 
hold,  which  may  be  considered 
impregnable  when  properly  garri- 
soned and  provisioned,  a  conven- 
tion was   entered   into   between 
General  Chasse,  then  command- 
er of  the  Dutch,  on  the  one  hand, 
and  the  burghers  of  Antwerp  on 
the  other,  to  the  effect,  that  the 
troops   in  the  citadel  would  not 
molest  the  citizens,  provided  the 
latter  made  no  attack  on  the  cita- 
del.    But,  on  the  27th  of  Octo- 
ber, some  hostile  movements  on 
the  part  of  the  volunteers  having 
occurred.  General  Chasse  com- 
menced a  furious  bombardment 
of  the  city,  as  well  from  the  cita- 
del as  from  Dutch  ships  of  war, 
which  lay  at  anchor  in  the  Scheldt. 
The  cannonading  lasted  from  four 
o'clock  in  the  afternoon  until  elev- 
en at  night,  with  red  hot  balls  and 
shells,  which  occasioned  immense 
destruction  of  property,  although 
but  little  loss  of  life.  Many  build- 
ings were  consumed,  and  among 


others,  the  entrepot,  which  was 
peculiarly  exposed,  as  being  situ- 
ated directly  between  the  citadel 
and  the  river,  and  in  which  there 
was  a  large  amount  of  foreign 
property.  The  provocation  re- 
ceived by  General  Chasse  had 
been  so  slight,  that  this  outrage- 
ous proceeding  could  not  fail  to 
be  attributed  to  the  Dutch  jeal- 
ousy of  Antwerp,  the  commercial 
rival  of  Amsterdam.  It  was  im- 
possible not  to  recollect  the  per- 
tinacious, and  but  too  successful, 
efforts  of  the  Dutch  to  destroy 
the  trade  of  Antwerp,  at  the  epoch 
of  the  separation  of  the  provinces 
from  Spain.  The  Dutch  were 
known  to  regard  with  infinite 
jealousy  the  growing  prosperity 
of  this  great  commercial  empori- 
um, at  the  present  time.  Under 
these  circumstances,  the  bom- 
bardment of  Antwerp  by  the 
Dutch  troops  raised  a  cry  of  in- 
dignation and  vengeance,  through- 
out Belgium,  which  totally  obliter- 
ated the  lingering  attachment  of  the 
people  to  the  House  of  Orange. 
The  provisional  government  at 
Brussels  had  convoked  a  Con- 
gress of  the  Belgie  people  to 
assemble  at  Brussels  on  the  10th 
of  November.  Previously  to  the 
late  revolution,  the  members  of 
the  States  General  had  been  re- 
turned by  the  Provincial  Stales 
acting  as  electoral  colleges.  For 
the  Congress,  however,  the  elec- 
tions were  made  by  the  people 
acting  immediately.  In  the  ex- 
ercise of  this  new  franchise  they 
proceeded  with  peaceful  regu- 
larity, at  the  same  time  that  they 
gave  a  distinct  manifestation  of  the 
parties  into  which  they  were  prone 


QI6 


ANNUAL  REGISTER,  1830-431. 


to  fall  by  tlieir  peculiar  social 
state.  In  the  country  and  in  the 
smaller  towns,  they  elected  depu- 
ties from  the  noblesse,  clergy,  and 
great  landed  proprietors;  while 
in  the  large  cities,  their  represen- 
tatives were  more  generally  man- 
ufacturers, capitalists,  and  profes- 
sional men  of  distinction.  All  the 
partisans  and  trusted  servants  of 
the  House  of  Orange  were  sedu- 
lously excluded  from  the  Con- 
^  iss.  And  on  the  other  hand, 
I  de  Potter  and  M.  Ducpetiaux, 
'  3mbers  of  the  provisional  gov- 
'  rnment,  were  rejected  by  the 
electors  of  Brussels,  who  thus 
pronounced  their  disapprobation 
of  the  ultra-republican  or  infidel 
opinions  of  those  two  prominent 
statesmen. 

When  the  Congress  met,  it  was 
found  that  one  hundred  and  fifty 
out  of  two  hundred  members 
elect,  w^ere  present  to  attend  the 
first  sitting.  M.  de  Potter  open- 
\  the  business  of  the  meeting  by 
„.  speech  of  considerable  length, 
us  the  organ  of  the  provisional 
government.  He  gave  an  expo- 
sition of  the  wrongs  of  the  Belgi- 
ans which  had  led  to  the  expul- 
sion of  the  House  of  Orange,  and 
explained  the  acts  of  the  provis- 
ional goi^ernment.  At  the  same 
time  Ke  announced  the  fact  of  the 
interposition  of  the  allies,  who,  by 
the  conferences  of  London,  as  we 
shall  presently  state,  had  under- 
taken to  adjust  the  differences  be- 
tween Belgium  and  Holland. 

Before  the  Congress  had  taken 
any  definitive  measures  on  the 
subject  of  this  address,  all  the 
members  of  the  provisional  gov- 
ernment,  except  M.  de  Potter, 


sent  in  their  resignations,  conceTv- 
ing  that  their  functions  ceased 
with  the  meeting  of  the  represen- 
tatives of  the  people.  M.  de 
Potter  declined  to  participate  in 
the  act  of  resignation,  on  the 
ground  that  the  provisional  gov- 
ernment and  the  Congress  were 
equally  the  temporary  creation 
of  circumstances,  independent  of 
each  other,  and  accountable  to  the 
people  alone,  from  whom  they 
respectively  derived  their  author- 
ity. His  idea  was  that,  when  the 
Congress  had  deliberated  upon 
and  prepared  a  constitution  for 
Belgium,  and  the  Belgic  people 
had  organized  a  constitutional  gov- 
ernment accordingly, — that  then 
the  functions  of  the  Congress  and 
of  the  provisional  government 
expired  together.  He  stood  alone, 
however,  in  this  view  of  the  sub- 
ject. The  Congress  passed  a 
vote  of  thanks  to  the  provisional 
government  for  their  services, 
and  requested  the  members  to 
continue  to  act  until  a  new  gov- 
ernment could  be  definitively  or- 
ganized. Hereupon,  M.  de  Pot- 
ter resigned,  because  he  could 
not  consent  to  hold  his  authority 
from  the  Congress,  or  to  act  with 
colleagues  who  differed  so  entire- 
ly from  him  in  regard  to  the  ten- 
ure of  their  power.  And  from 
this  period,  his  influence  and 
popularity  in  Belgium  began  to 
decline,  giving  place  to  the  au- 
thority of  men  of  less  republican 
views  of  government. 

After  completing  their  prelim- 
inary arrangements,  the  Congress 
entered,  at  their  sitting  of  No- 
vember 16th,  on  the  serious  ob- 
jects of  their  appointment,  to  wit, 


THE  NETHERLANDS. 


217 


the  organization  of  the  political 
institutions  of  the  country. — The 
subject  was  introduced  by  the 
Count  de  Celles,  who  proposed 
two  resolutions, — one,  that  the 
Congress  should  issue  a  formal 
declaration  of  the  independence 
of  Belgium, — the  other,  that 
Congress  should  not  separate  un- 
til the  constitution  of  the  new- 
state  was  definitively  settled.  On 
these  propositions  a  debate  arose, 
on  a  motion  of  M.  Rodenbach,  to 
couple  with  the  declaration  of  in- 
dependence a  declaration  of  the 
perpetual  exclusion  of  the  House 
of  Orange  from  all  exercise  of 
power  in  Belgium.  It  was  final' 
ly  decided  that  this  last  motion 
was  premature,  inasmuch  as  the 
action  of  Congress  upon  the  ques- 
tions of  independence  and  form 
of  government  might  preclude 
the  necessity  of  taking  any  notice 
of  the  deposed  dynasty. 

The  consideration  of  the  ques- 
tion was  further  embarrassed  by 
the  situation  of  Luxembourg, 
which  the  House  of  Orange 
claimed  to  hold  as  a  family  ap- 
panage, and  by  a  tenure  different 
irom  that,  by  virtue  of  which  they 
reigned  in  Belgium.  It  was  this 
topic,  which  interposed  the  great- 
est difficulties  in  the  way  of  the 
negociations  of  the  Allies,  as  we 
shall  have  occasion  to  show  here- 
after ;  and  we  defer  entering  in- 
to it,  until  we  come  to  that  branch 
of  our  subject.  It  is  sufficient  to 
say,  in  regard  to  the  discussion  of 
the  matter  in  the  Belgic  Con- 
gress, that  this  body  resolved  to 
consider  Luxembourg  as  an  in- 
tegral portion  of  the  new  state, 
notwithstanding  that,  by  the  acts 
19* 


of  the  Congress  of  Vienna,  Lux- 
embourg was  made  a  member  of 
the  Germanic  confederation. 

Finally,  there  was  an  active 
party  in  the  Congress,  who  favor- 
ed the  incorporation  of  Belgium 
with  France,  and  who  desired, 
in  proclaiming  the  independence 
of  Belgium,  to  have  it  understood 
that  the  question  of  the  future 
union  of  the  countries  should  not 
be  thereby  prejudged.  After  a 
full  consideration,  however,  of 
the  various  arguments  for  and 
against  a  separate  national  exist- 
ence, the  Congress  unanimously 
joined  in  a  declaration  of  unquah- 
fied  independence,  and  ordered  a 
manifesto  be  drawn  up,  to  justify 
in  the  eyes  of  Europe  both  the 
fact  and  the  claim  of  independent 
sovereignty. 

Having  disposed  of  all  these 
questions,  the  Congress  proceed- 
ed, on  the  19th  of  November,  to 
consider  of  the  form  of  govern- 
ment to  be  adopted.  An  attempt 
was  made  to  procure  the  estab- 
lishment of  a  repubhc,  but  failed, 
owing  to  the  preponderance  of 
the  nobility  and  clergy,  not  only 
in  the  Congress,  but  throughout 
Belgium  among  the  people  them- 
selves. It  was  decided  by  a  vote 
of  174  to  13,  that  the  govern- 
ment should  be  a  limited  mon- 
archy, in  the  most  economical 
and  liberal  form  of  which  such  a 
system  was  susceptible. 

Next  followed  the  discussion  of 
the  proposition,  renewed  by  M. 
Rodenbach,  for  the  formal  de- 
thronement of  King  William,  and 
the  perpetual  disfranchisement  of 
the  family  of  Orange-Nassau. 
Whatever  disposition  there  might 


218 


ANNUAL  REGISTER,  1830-31. 


have  been  among  a  portion  of  the  In  fact,  while  the  Belgic  dep- 
members,  to  give  the  Prince  of  uties  proceeded  to  discuss  the 
Orange,  or  some  other  branch  of  subject  of  a  constitution  for  theu* 


tiie  family,  a  chance  of  reigning 
in  Belgium,  was  removed  in  the 
course  of  the  discussion,  by  the 
disclosure  of  the  officious  inter- 
ference of  the  Emperor  of  Rus- 
sia in  behalf  of  his  family  connex- 
ions.    The  Russian  government, 
it  appears,  had  notified  the  pro- 
visional government  at  Brussels, 
through  the  medium  of  a  French 
agent,  that  the  separation  of  Bel- 
gium from  Holland  could  be  over- 
looked only  on  condition  of  the 
tender  of  the  crown  to  the  Prince 
of  Orange.     This  ill-timed  men- 
ace sealed  the  fate  of  the  family. 
Many  moderate  members  of  the 
Congress,  who,  while  they  were 
devotedly  attached  to  independ- 
ence, were  also  partial,  from  per- 
sonal or  other  considerations,  to 
the  House  of  Orange,  or  at  least 
unwilling  to  engage  in  vengeful 
persecution  of  that  House,  were 
rendered  indignant  by  the  med- 
dlesome conduct  of  the  Russian 
autocrat.     Accordingly,  the  sen- 
tence  of   exclusion  against'  the 
House  of  Orange  was  passed  by 
a  large  majority,  when  otherwise 
the  result  would  have  been  by  no 
means   certain.      The   Belgians 
themselves,  and  indeed  most  of 
the  European  states,  looked  upon 
this  measure  at  the  time,  as  a 
kind  of  declaration  of  war,  since 
it  was  prompted,  as  it  were,  by 
resentment  of  the  threats  of  Rus- 
sia, and  was  coldly  received  by 


kingdom,   as  preliminary  to  the 
election   of  a  king,   movements 
were  taking  place  around  them, 
which,  but  for  the  happening  of 
events  wholly   unforeseen,  would 
have  involved  all  Europe  in  war. 
It  is  well  ascertained,  at  the  pres- 
ent time,  that  Russia  and  Prussia 
contemplated  a  forcible  interven- 
tion  in   behalf  of  the  House  of 
Orange,  and  that  Russia,  espe- 
cially, had  resolved    to   attempt 
the  restoration  of  the  reign  of  le- 
gitimacy  in    France   as  well  as 
Belgium.      The   Muscovite   le- 
gions were  about  to  be  collected 
in  Poland  for  this  purpose,  and 
extensive  preparations  had  been 
made  for  the  speedy  commence- 
ment of  hostilities.      France,  on 
the  other  hand,  although  her  ru- 
lers were  anxious  to  avoid  war, 
even  to  the  degree  of  excessive 
timidity    and   overwrought   cau- 
tiousness of  spirit,  and  therefore 
would  gladly  have  steered  clear 
of  being  involved  with  Belgium, 
yet  saw  herself  compelled,  by  the 
necessities    of   her   position,    to 
make  common   cause   with   her 
neighbor.     And  from  the  obscure 
intimations  of  the  Eviglish  minis- 
try, then  controled  by  the  Duke 
of  Wellington,  there  was  reason 
to  fear  that  the  Belgians  would 
have  little  succor  from  England, 
should  Russia  and  Prussia  cross 
the  Rhine.    But  the  evident  ten- 
dency of  events  towards  war  was 


England  and    France,   the   two  suddenly  arrested  by  the  breaking 

powers  most  likely  to  uphold  the  out  of  the  Polish  revolution,  which 

doctrine    of  non-intervention   in  gave  Nicholas  ample  employment 

the  case  of  the  Belgians.  at  home,  and  by  the  equally  sud- 


THE  NETHERLANDS. 


219 


den  overthrow  of  the  tory  cabinet 
in  England,  and  the  introduction 
of  the  whig  party  to  power. 
These  events  left  the  Belgians 
to  organize  their  domestic  gov- 
ernment undisturbed  by  foreign 
enemies. 

They  soon  agreed  to  a  consti- 
tution, having  for  its  basis  a  limit- 
ed monarchy  of  carefully  defined 
powers,  and  two  elective  cham- 
bers of  legislature.  It  only 
remained  for  them  to  select  a 
prince  to  wear  the  new  crown, 
thus  added  to  the  number  of  Eu- 
ropean dignities. 

A  little  reflection  taught  the 
Belgians  that  they  must  look 
abroad  for  a  suitajole  person  to 
become  their  king;  because, 
among  themselves,  no  man  exist- 
ed of  that  transcendant  rank  unit- 
ed with  decided  patriotism,  which 
were  necessary  to  fix  the  popular 
voice  at  home.  After  much  an- 
gry discussion  on  this  subject,  the 


that  the  election  of  the  Due  de 
Leuchtenberg  would  be  consid- 
ered an  affront  to  France. 

At  length,  on  the  3d  of  Febru- 
ary, the  Congress  made  chpice 
of  the  Due  de  Nemours,  the  vote 
being  for  De  Nemours  97,  for  De 
Leuchtenberg  74,  and  for  the 
Archduke  of  Austria  21.  The 
king  elect  was  then  proclaimed 
by  the  name  of  Louis  Charles 
Philippe  d'Orleans,  Due  de  Ne- 
mours, King  of  the  Belgians,  and 
a  deputation  of  ten  appointed  to 
repair  to  Paris,  and  communicate 
the  intelligence  officially  to  Louis 
Philippe  and  his  son.  They 
were  disappointed  to  find  that, 
actuated  by  considerations  of  the 
interests  of  France,  and  the  ne- 
cessity of  keeping  her  free  from 
any  such  intimate  alliance  with 
Belgium  as  the  possession  of  that 
country  by  a  minor  child  of 
France  must  induce, — Louis 
Philippe  declined  the  proffered 


contest  among  the  Belgian  depu-   crown  in  behalf  of  his  son,  and 


ties  seemed  to  be  narrowed  down 
to  two  individuals,  the  Due  de 
Nemours,  a  minor  son  of  Louis 
Philippe,  and  the  Due  de  Leuch- 
tenberg, son  of  Prince  Eugene 
Beauharnois.  Owing,  however, 
to  the  unsettled  state  of  France 
and  the  deep  seated  affection  of 
a  part  of  the  people  for  the  name 
of  Napoleon,  it  speedily  became 
apparent  that  the  French  govern- 
ment would  not  look  with  com- 
placency on  the  elevation  of  any 
one  of  the  Bonaparte  family  to  the 
throne  of  Belgium.  Indeed,  the 
cabinet  of  Louis  Philippe  were 
so  sensitive  on  this  point,  that  rep- 
resentations were  officially  made 


the  Belgians  were  thus  left  to 
seek  elsewhere  for  their  monarch. 
Unable  to  arrive  immediately  at 
a  satisfactory  choice,  and  unwil- 


ling to  leave  the  government  in 
hs  present  provisional  form,  they 
elected  Erasmus  Louis  Surlet  de 
Chokier,  an  eminent  patriot  of 
long  tried  ability  and  integrity,  to 
be  Regent  of  the  kingdom.  The 
Regent  proceeded  to  arrange  his 
cabinet,  consisting  of  M.  Goblet, 
as  Minister  of  War;  M.  Charles 
de  Brouckere,  of  Finance ;  M. 
Tielemans,  of  the  Interior ;  M. 
Sylvan  Van  de  Weyer,  of  For- 
eign Affairs ;  M.  Alexandre  Gen- 
debien,  of  Justice;  and  iVI.  Ger- 
to   the   Belgians,   to   the   effect   lache,  as  president  of  the  Coun- 


mo 


ANNUAL  REGISTER,  1830—31. 


cil  of  Ministers.  These  steps 
being  taken,  the  Belgians  had 
opportunity  to  deliberate  more 
freely,  and  decide  more  satisfac- 
torily, upon  the  all-important  sub- 
ject of  their  future  king.  They 
were  also  better  able  to  prepare 
for  meeting  the  difficult  questions 
continually  growing  out  of  the 
conferences  of  London,  to  which 
it  is  proper  we  should  now  ad- 
vert. 

It  is  to  be  remembered  that  the 
kingdom  of  the  Netherlands  was 
the  creation  of  the  great  allied 
powers,  which  effected  the  over- 
throw of  Napoleon.  As  a  con- 
sequence of  this,  it  followed 
that,  when  the  work  of  their  hands 
was  destroyed  by  the  spontaneous 
movement  of  the  populace  of 
Brussels,  the  principal  parties  to 
the  Congress  of  Vienna  assumed 
to  themselves  the  right  of  inter- 
posing in  the  affairs  of  Holland 
and  Belgium,  so  as  to  prevent 
the  general  peace  of  Europe  from 
being  sacrificed  by  the  partial  in- 
terference of  any  one  state,  either 
for  or  against  the  Belgians. 
Thus  it  has  happened  that  the 
ministers  of  the  five  great  powers, 
England,  France,  Austria,  Rus- 
sia and  Prussia,  assembled  at 
London,  have  been  deliberating 
on  the  affairs  of  Belgium  ever 
since  the  end  of  the  year  1830, 
and  issuing  protocol  after  proto- 
col for  the  government  of  the 
self-willed  Belgians  and  Holland- 
ers. These  protocols  contain  the 
decisions  of  the  allies  as  to  the 
various  questions  of  boundary  and 
the  like,  growing  out  of  the  sep- 
aration of  the  two  nations,  which 
are  offered  to  them  in  a  some- 


what ambiguous  form,  partaking 
both  of  recommendation  and 
command.  The  Netherlands  of 
each  nation  have  accepted  or  re- 
jected the  proposals  of  the  allies, 
partly  according  to  the  dictates  of 
their  own  sense  of  right  and 
wrong,  and  partly  according  as 
the  circumstances  left  them  free, 
or  not,  to  exercise  their  own  dis- 
cretion. Altogether,  however, 
the  characteristic  perseverance 
and  obstinacy  of  the  Dutch  and 
Belgians  in  the  prosecution  of 
their  purposes,  has  rendered  the 
situation  of  the  officious  allies  at 
once  embarrassing  and  ridiculous ; 
for  protocol  follows  upon  proto- 
col in  never  ending  succession,  as 
the  shifting  phasis  of  affairs  in 
Holland  or  Belgium  requires  some 
new  modification  of  advice  from 
the  conference  of  London. 

As  preliminary  to  their  future 
proceedings,  the  five  powers 
agreed  to  a  protocol  on  the  4th  of 
November  1 830,  which  required  a 
cessation  of  hostilities  between 
Belgium  and  Holland.  This  meas- 
ure could  not  but  be  regarded  as 
a  practical  recognition  of  the  inde- 
pendence of  Belgium,  because  it 
prohibited  any  attempts  of  the 
Hollanders  to  restore  the  lost  au- 
thority of  King  William  in  the 
southern  provinces.  The  decis- 
ion of  the  conference  on  the  terms 
of  separation  between  Holland 
and  Belgium  was  contained  in  a 
protocol  of  January  21st  1831. 
In  fixing  on  these  terms,  the  al- 
lies go  back  to  the  period  anteri- 
or to  the  French  revolution,  when 
the  Belgic  provinces  were  a 
dependency  of  Austria,  and  as- 
sign to  Holland  and  Belgium  such 


THE  NETHERLANDS. 


221 


portions  of  the  territory  of  the 
kingdom  of  the  Netherlands  as 
belonged  to  either  country  at  that 
time,  except  that,  for  reasons 
presently  to  be  explained,  they 
transfer  Luxembourg  to  Holland. 
They  also  provide  for  an  appor- 
tionment of  the  national  debt  be- 
tween the  two  fragments  of  the 
late  kingdom.  This  decision  was 
accepted  by  the  Dutch,  but  re- 
jected by  the  Belgians,  who,  at 
the  hazard  of  a  war  with  Holland 
and  of  being  left  to  their  fate  in 
the  event  of  a  general  European 
war,  protested  against  the  dis- 
memberment of  their  territory  by 
the  annexation  of  Luxembourg 
to  Holland. 

On  this  subject  it  seemed  inev- 
itable that  collision  should  occur. 
Luxembourg  had  the  same  claims 
to  independence  with  Brabant  or 
Flanders.  The  Luxembourgers 
had  made  common  cause  with  the 
other  inhabitants  of  the  southern 
provinces,  in  expelling  the  Dutch 
authorities,  and  in  admitting  those 
appointed  by  the  provisional  gov- 
ernment at  Brussels.  They  had 
elected  deputies  to  the  National 
Congress,  and  participated  in  all 
its  acts,  from  the  declaration  of 
independence  down  to  the  selec- 
tion of  a  Regent.  Finally,  not- 
withstanding the  decision  of  the 
fiv^e  powers,  awarding  Luxem- 
bourg to  Holland,  the  Regent  of 
the  Belgians  had  announced  his 
determination  to  sustain  the  Lux- 
embourgers in  their  connection 
with  the  other  Belgic  provinces, 
by  force  of  arms  if  necessity 
should  require  it ;  and  the  move- 
ments of  Holland  indicated  that 
such  a  necessity  was    at  hand. 


A  brief  explanation  of  the  diffi- 
cult questions  growing  out  of  the 
situation  of  Luxembourg,  is  there- 
fore material  in  this  place. 

Holland,  it  is  to  be  remem- 
bered, had  set  up  an  independent 
government  under  the  sovereign- 
ty of  William  of  Nassau,  before 
the  final  termination  of  the  strug- 
gle between  France  and  the  al- 
lies. In  the  numerous  changes 
of  that  time,  and  before  the  es- 
tablishment of  the  kingdom  of 
the  Netherlands,  William  acquir- 
ed a  cession  from  the  allies  of 
the  grand  dutchy  of  Luxembourg 
as  an  equivalent  for  the  princi- 
palities of  Nassau,  Dillemberg, 
Liegen,  and  Datz,  the  hereditary 
possessions  of  the  house  of  Nas- 
sau, in  Germany,  which  were  ce- 
ded to  Prussia.  For  the  same 
purpose  of  indemnity  to  him, 
Luxembourg  was  made  a  member 
of  the  Germanic  confederacy,  in 
order  that  he  might  retain  his  con- 
nexion with  that  body,  and  have 
a  voice  in  the  Diet.  And  in  pur- 
suance of  this  arrangement,  a 
garrison  of  Prussian  troops  was 
placed  in  the  fortress  of  Luxem- 
bourg, as  a  fortress  of  the  confed- 
eration. In  addition  to  which,  it 
was  to  descend  to  the  second  son 
of  William,  while  the  Netherlands 
should  descend  to  the  oldest,  so 
that  eventually,  on  the  death  of 
William,  it  would  be  entirely  sev- 
ered from  the  kingdom  of  the 
Netherlands. 

Subsequently,  however,  to  the 
establishment  of  the  kingdom  of 
the  Netherlands,  it  was  deemed 
important  to  make  some  changes 
in  regard  to  this  matter,  so  as  to 
prevent  the  separation  of  the  two 


232 


ANNUAL  REGISTER,  1S30— 31. 


countries  by  their  descent  in  dif- 
ferent lines.  The  States  Gene- 
ral, with  the  concurrence  of  the 
King,  assigned  to  his  second  son 
certain  royal  domains  in  the  dis- 
trict of  Breda  as  an  indemnity  for 
the  future  inheritance  of  Luxem- 
bourg, which  was  declared  insep- 
erable  from  the  Netherlands. 
This  being  the  case,  the  Belgi- 
ans insisted  that,  on  a  dissolution 
of  the  kingdom  of  the  Nether- 
lands, Luxembourg  belonged  to 
the  Belgic  section  of  the  king- 
dom, with  which  it  had  always 
been  conjoined,  from  the  days  of 
the  House  of  Burgundy,  through 
all  the  subsequent  changes  of 
sovereignty,  to  which  that  part  of 
Europe  has  been  subjected. 
Nay,  in  the  adjustment  of  the 
national  representation  of  the 
kingdom  of  the  Netherlands,  this 
question  seemed  to  be  decided 
by  the  Dutch  themselves.  It 
had  been  arranged  that  the  num- 
ber of  deputies  for  the  whole 
kingdom  should  be  110;  55  for 
Holland,  and  55  for  Belgium,  so 
as  to  secure  a  perfect  equality  of 
power  between  the  two  nations  ; 
and  the  deputies  of  Luxembourg 
entered  into  the  55  assigned  to 
Belgium. 

The  facts,  which  we  have  thus 
summarily  stated,  were  such  as  to 
give  color  of  reason  to  both  par- 
ties. William  insisted  that  Lux- 
embourg was  held  by  him  as  an 
hereditary  domain,  wholly  inde- 
pendent of  his  title  to  the  king- 
dom of  the  Netherlands.  The 
Belgians  replied,  that  he  acquir- 
ed Luxembourg  just  as  he  ac- 
quired Brabant, — by  the  arbitra- 
ry act  of  the  allies ;  that  as  for 


his  hereditary  estates,  he  might 
seek  them  of  Prussia,  by  whom 
they  were  held  ;  and  that  at  any 
rate,  Luxembourg,  like  the  rest 
of  Belgium,  was  resolved  to  be 
independent  of  the  House  of 
Orange,  to  which  it  owed  no  nat- 
ural or  hereditary  allegiance, — 
and  the  rest  of  Belgium  was 
equally  resolved  to  maintain  the 
independence  of  Luxembourg. 

In  the  midst  of  all  the  irritatipg 
discussions,  to  which  this  ques- 
tion gave  rise,  the  Belgians  had 
been  gradually  settling  upon 
Prince  Leopold  of  Saxe  Cobourg 
for  their  king.  It  was  ascertain- 
ed that  the  heads  of  the  Catliolic, 
as  well  as  the  Protestant  party, 
were  favorable  to  his  pretensions, 
and  that  a  large  majority  of  the 
members  of  Congress  were  dis- 
posed to  offer  him  the  crown. 
But  it  was  deemed  prudent  to 
ascertain  the  views  of  Leopold 
before  proceeding  to  a  formal 
election,  for  which  purpose  a 
deputation  repaired  to  London. 
Finding  him  disposed  to  accept 
the  crown,  if  regularly  tendered 
to  him,  the  Belgian  Congress 
at  last  proceeded  to  ballot  once 
more  for  a  king,  and  elected 
Leopold  by  a  vote  of  152  out  of 
196  members  who  were  present 
at  the  time.  Indeed,  of  the  dis- 
sidents, only  14  voted  for  anoth- 
er person,  die  rest  having  ab- 
stained from  voting  at  all;  so 
that,  on  the  whole,  the  vote  was 
a  very  strong  and  decided  ex- 
pression of  preference  for  Leo- 
pold. 

Thus  it  was,  that  this  favorite 
of  fortune  at  length  arrived  at  a 
throne.     Leopold  had  been  se« 


THE  NETHERLANDS. 


223 


I 


lected  by  Princess  Charlotte  to 
be  her  husband,  on  account  of 
his  external  graces  of  person. 
Her  sudden  death  had  left  him  in 
possession  of  a  splendid  appanage 
and  the  princely  residence  of 
Claremont.  The  throne  of  Greece 
had  courted  him  in  vain.  His 
reputation  for  intelligence,  good 
sense,  cultivated  mind,  and  mod- 
eration of  spirit,  now  attracted  to 
him  the  suffrages  of  the  Belgi- 
ans, and  placed  him  among  the 
crowned  heads  of  Europe.  He 
left  London  for  Brussels  on  the 
1 6th  of  July,  and  landed  at  Ca- 
lais, where  he  was  met  by  Gene- 
ral Belliard  and  M.  Le  Hon.  On 
the  17th,  he  proceeded  through 
Dunquerque  to  Ostende,  being 
received  on  the  Belgic  frontier, 
between  the  two  last  named 
places,  by  Baron  d'  Hoogverst, 
Governor  of  West  Flanders.  He 
was  everywhere  greeted  with  the 
highest  demonstrations  of  loyalty. 
It  is  somewhat  remarkable  that 
he  entered  Belgium  on  the  anni- 
versary of  the  very  day  on  which 
William  was  compelled  to  leave 
it, — whether  by  design  or  acci- 
dent we  do  not  know. 

Scarcely,  however,  was  he 
warm  in  his  new  throne,  when  he 
was  called  upon  to  repel  an  in- 
vasion of  his  kingdom  by  the 
Dutch.  They  entered  the  Bel- 
gic territory  in  great  force,  sack- 
ing and  firing  the  villages,  pillag- 
ing the  farm  houses,  and  commit- 
ting manifold  outrages  on  the 
persons  and  property  of  the  in- 
habitants. The  Belgian  army 
being  wholly  unprepared  for  this 
sudden  inroad,  made  but  a  feeble 


resistance,  and  was  driven  before 
the  Dutch  in  disgrace,  who 
threatened  to  march  to  Brussels. 
Tn  this  difficult  emergency,  King 
Leopold  instantly  notified  the 
French  and  English  governments 
of  the  breach  of  the  armistice  by 
the  Dutch,  and  called  upon  them 
to  make  good  their  pledge  of 
sustaining  the  neutrality  of  Belgi- 
um. However  humiliating  may 
have  been  the  necessity  of  recur- 
ring to  foreign  aid  for  the  pro- 
tection of  the  country,  it  was  the 
only  resource,  which,  in  the  cir- 
cumstances, the  Belgians  pos- 
sessed. Their  appeal  was  prompt- 
ly met  by  England  and  France, 
especially  the  latter.  Immedi- 
ately on  the  receipt  of  the  intelli- 
gence that  King  William's  troops 
had  invaded  Belgium,  Louis 
Philippe  summoned  a  council,  at 
which  it  was  resolved  that  Mar- 
shal Gerard,  at  the  head  of  60,000 
French  troops,  should  march  to 
the  succor  of  the  Belgians.  The 
French  army  was  put  in  motion 
forthwith,  and  entered  Belgium 
on  the  7th  of  August  in  three  dif- 
ferent directions,  while  an  Eng- 
lish fleet  under  Sir  Edward  Cod- 
rington  was  ordered  to  assemble 
in  the  Downs  to  act  as  events 
might  demand.  These  summary 
measures  of  the  French  and 
English  governments  were  deci- 
sive in  the  matter ;  for  King  Will- 
iam lost  no  time  in  withdrawing 
his  troops,  and  professing  a  readi- 
ness to  proceed  with  the  negoci- 
ations  undertaken  by  the  five 
powers.  The  French  troops 
were  welcomed  by  the  Belgians 
as  brethren  and  friends,  but  had 


224 


ANNUAL  REGISTER,  1830—31. 


no  occasion  to  engage  in  combat 
with  the  Dutch ;  and,  after  re- 
maining long  enough  to  be  assur- 
ed of  the  cessation  of  hostilities 
and  the  restoration  of  tranquillity, 
they  quietly  evacuated  the  Belgic 
territory  and  returned  to  France. 
The  Belgic  chambers  assem- 
bled under  the  provisions  of  the 
new  constitution  in  September, 
when  Leopold  delivered'his  open- 
ing speech,  at  this  the  proper 
commencement  of  the  constitu- 
tional existence  of  Belgium. 
With  this  event  we  terminate  our 
chronicle  of  Belgian  affairs  for 


the  year,  in  order  to  give,  on  re- 
suming it  on  a  future  occasion,  a 
connected  account  of  the  internal 
organization  of  the  kingdom  un- 
der the  new  order  of  things,  and 
of  the  unsatisfactory  and  inconse- 
quent negociations  for  the  settle- 
ment of  its  relations  with  Holland, 
which  continue  now,  at  the  ex- 
piration of  two  years  from  the  oc- 
currence of  the  events  of  July,  to 
be  quite  as  threatening  to  the 
peace  and  repose  of  the  rest  of 
Europe,  as  they  were  in  the  very 
outset  of  the  revolution. 


CHAPTER    XIV. 


SWITZERLAND. 

Formation  of  the  Confederacy. —  Constitution  of  the  old  Republic. 
— Its  Evils  and  Abuses. — The  French  Revolution. — Act  of  Me- 
diation.— Compact  of   1814. — Its  Public  Lata. — Example  of 

Ber?ie. —  Other  Cantons. — Foreign    Interference. Movement 

in  Tessino. — In  other  Cantons. — Hostilities  in  Bale. —  Consti- 
tution of  Berne. — Of  other  Cantons. — State  of  Schwytz. — 
Proceedings  of  the  Diet.—JVeufchdtel. — Reflections. 


During  the  last  two  years, 
events  have  transpu'ed  in  Swit- 
zerland, which,  if  they  do  not  af- 
fect the  situation  of  so  large  a 
population  as  the  revolutionary 
movements  in  France,  the  Neth- 
erlands, and  Poland,  are  intrinsic- 
ally of  considerable  interest  and 
importance  in  the  political  history 
of  our  times.  The  condition  of 
Switzerland,  as  a  federal  repub- 
lic, renders  the  incidents  in  ques- 
tion peculiarly  deserving  of  atten- 
tion in  America,  from  the  analo- 
gy, in  many  points,  between  the 
institutions  of  the  two  countries. 
To  understand  the  nature  of  the 
changes  lately  effected  in  the 
heart  of  the  Helvetian  mountains, 
it  is  necessary  to  take  a  brief  ret- 
rospect of  the  origin  and  succes- 
sive combinations  of  the  political 
rights  of  the  confederated  parties. 

The    primitive    confederation 

was  composed  of  the  three  forest 

cantons,  so  called,  of  Schwytz, 

Uri,  andUnterwalden,  which  pes- 

20 


sess,  even  in  our  day,  only  a  pop- 
ulation of  seventy  thousand  inhab- 
itants. It  was  this  handful  ofhe- 
roic  mountaineers,  which  under- 
took to  resist  the  powerful  House 
of  Austria,  and  which  for  twenty 
years  maintained  the  contest  for 
independence  unaided  and  alone. 
Fifteen  years  after  the  great  vic- 
tory of  Mongarten  elapsed,  before 
Lucerne  was  received  into  the 
confederacy.  Zurich,  Glaris, 
Zug,  and  finally  Berne  followed. 
These  eight  cantons,  by  their  per- 
severing love  of  liberty,  and  by  a 
succession  of  splendid  victories, 
signalized  the  name  of  Switzer- 
land, during  the  fourteenth  cen- 
tury, and  at  last  compelled  Austria 
to  desist  from  asserting  her  preten- 
sions by  force  of  arms,  although 
it  was  not  until  the  peace  ot 
Westphalia,  three  centuries  later, 
that  she  formally  recognised  the 
national  independence  of  the 
Swiss. 
Thus    passed  the    fourteenth 


226 


ANNUAL  REGISTER,  1830— 3i. 


century.  During  the  fifteenth,  the 
new  Republic  acquired  strength, 
consistency,  and  allies,  and  began 
to  act  upon  the  affairs  of  Europe. 
It  was  at  this  period  that  the 
Swiss  sustained  their  memorable 
contest  with  Charles  the  Rash, 
terminated  by  the  battle  of  Mo- 
rat,  so  fatal  to  the  chivalry  of 
Burgundy  and  Flanders.  After 
this,  Soleure,  breaking  loose  from 
the  German  empire,  and  Friburg 
shaking  off  the  authority  of  the 
Duke  of  Savoy,  entered  the 
confederacy  under  the  protection 
of  Berne.  Next  to  them.  Bale 
and  Schafthausen  joined  the  hardy 
family  of  republicans ;  and  at 
length,  in  1513,  Appenzell  be- 
came the  thirteenth  canton, 
and  completed  the  frame  of  the 
Swiss  Republic  as  chiefly  known 
to  history.  Many  divisions,  in- 
testine wars,  and  religious  dis- 
putes occurred  meanwhile,  which 
served  to  keep  alive  and  confirm 
the  military  spirit  of  the  people. 
Their  poverty  and  their  martial 
temper  conspired  to  induce  those 
military  capitulations,  the  first  of 
which  was  concluded  with  France 
in  1479,  which  introduced  them 
into  the  Italian  wars  in  the  capa- 
city of  mercenary  auxiliaries  of 
some  foreign  power,  and  ended 
in  their  continual  employment  as 
household  troops  in  the  service 
of  France. 

Wars  of  religion,  intestine  con- 
vulsions growing  out  of  conflicting 
political  pretensions,  and  not  in- 
frequent connexion  with,  or  parti- 
cipation in,  the  hostilities  of  the 
neighboring  nations,  occupied  the 
Swiss  during  the  fifteenth  and 
sixteenth  centuries,  but  not  so  as 
to  prevent  the  general  prosperity 


of  the  Republic,  which  gathered 
one  increment  after  another  from 
time  to  time.  And  thus  matters 
continued  down  to  the  period  of 
the  French  Revolution,  which  act- 
ed upon  the  internal  condition  of 
Switzerland  not  less  decisively 
than  upon  that  of  France  itself. 
The  constitution  of  the  Republic 
had  now  acquired  full  develop- 
ment from  the  gradual  progress 
of  events;  but  that  development 
gave  intensity  and  diffusiveness  to 
various  abuses  equally  unbearable 
with  those  of  countries,  which 
were  destitute  alike  of  the  claims 
to  freedom  and  of  the  glorious 
historical  recollections,  which  hal- 
lowed the  name  of  Switzerland. 
Equality  of  political  rights,  con- 
sistency of  republican  principle, 
just  and  equitable  administration 
of  government, — all  these  were 
scarcely  better  established  and 
understood  in  the  land  of  William 
Tell,  than  among  the  subjects  of 
any  of  the  neighboring  monarch- 
ies. 

Switzerland,  at  the  close  of  the 
eighteenth  century,  consisted  of 
the  thirteen  sovereign  cantons, 
and  of  various  other  political  bod- 
ies connected  in  different  ways 
with  the  Republic.  Some  were 
in  alliance  with  it  or  its  members, 
others  were  its  subjects.  The 
Valais  was  the  ally  of  the  whole 
thirteen  cantons.  Geneva,  on 
the  other  hand,  was  the  ally 
only  of  Berne  and  Zurich,  to 
whom  it  was  attached  by  commu- 
nity of  religious  faith.  The  allied 
cities  or  communities  had  the 
right  of  sending  deputies  to  the 
Diet,  but  they  had  no  voice  ex- 
cept in  what  concerned  their  par- 
ticular alliances.     As  for  the  sub- 


SWITZERLAND. 


227 


jects  of  the  Republic,  they  were 
ruled  with  a  sterner  authority 
than  individual  princes  would 
have  ventured  to  exercise  over 
the  people  of  their  hereditary  do- 
mains. The  Italian  bailiwicks,  so 
called,  were  especially  the  ob- 
jects of  extreme  tyranny  and 
misrule.  And  while  the  connex- 
ion of  the  allied  communities  with 
the  Republic  partook  so  little  of 
a  national  federative  union,  and 
the  situation  of  the  dependencies 
of  the  Republic  was  so  abhorrent 
to  all  the  doctrines  of  liberty,  the 
picture  presented  by  the  cantohs 
themselves  did  no  credit  to  their 
form  of  governments 

Viewing  the  great  members  of 
the  Republic  with  reference  to 
each  other,  it  would  be  seen  that 
they  lived  in  a  state  of  hostility 
among  themselves,  almost  of  an- 
archy. Separated  by  their  reli- 
gious opinions,  by  diversity  of  in- 
terests, by  variance  in  political 
principles,  they  presented  a  fa- 
vorable theatre  for  the  intrigues  of 
foreign  diplomacy,  while  the  Di- 
et had  little  power,  and  scarcely 
the  will,  to  draw  closer  the  bonds 
of  confederacy.  Discontent  and 
distrust  also  prevailed  in  the  bos- 
om of  each  canton,  on  account  of 
the  preponderance  usurped  by 
the  cities  over  the  tracts  of  coun- 
try around  them, — ^in  fact,  from 
the  very  same  causes,  which,  in 
several  of  the  principal  cantons, 
have  produced  the  recent  excite- 
ment. Other  evils,  in  themselves 
of  a  less  irritating  nature  than  the 
last,  continued  to  aggravate  the 
public  uneasiness,-especially  mo- 
nopolies in  trade,  and  the  practice 
of  military  capitulations. 

When  the  French  Revolution 


broke  out,  its  effect  was  electri- 
cal among  the  subjects  of  Swit- 
zerland, The  inhabitants  of  the 
Pays  de  Vaud  began  by  soliciting 
the  interposition  of  their  republi- 
can neighbors  to  free  them  from 
the  tyranny  of  Berne,  which  had 
gradually  despoiled  them  of  all 
their  franchises.  The  Directory 
needed  only  a  pretext  for  action ; 
and  Switzerland,  after  being 
stripped  of  the  Valteline,  Geneva, 
and  the  bishopric  of  Bale,  was  at 
length  completely  overcome  by 
tlie  French.  Several  of  the  can- 
tons made  an  heroic  stand  in  vin- 
dication of  their  independence 
and  their  power,  but  in  vain ;  for 
the  Helvetian  Republic,  one  and 
indivisible,  was  imposed  on  the 
country  by  force  of  arms,  and 
equality  of  political  rights  was 
substituted  through  all  Switzer- 
land, in  place  of  the  antiquated 
system  of  the  past,  and  its  numer- 
ous abuses  and  anti-republican 
privileges.  But  the  pretensions 
of  the  aristocracy,  and  the  attach- 
ment of  the  people  to  federal 
institutions,  proved  the  fruitful 
sources  of  disturbance,  until  the 
Act  of  Mediation,  which  emanated 
from  the  First  Consul  in  1803, 
laid  the  foundation  of  a  new  struc- 
ture of  public  law.  By  this 
measure.  Napoleon  re-established 
the  federal  system,  making  the 
number  of  cantons  nineteen ;  he 
constituted  each  canton  internally 
in  a  manner  conformable,  as  far 
as  might  be,  to  local  feeling  and 
the  habits  of  the  country ;  and  he 
gave  completion  to  his  work  by 
proclaiming  political  equality  and 
freedom  of  industry  through  the 
whole  extent  of  the  territory. 
After  this,  Switzerland  enjoyed 


228 


ANNUAL  REGISTER,  1630—31 


repose  and  prosperity,  so  long  as 
it  remained  under  the  protection 
of  the  Emperor. 

With  the  dissolution  of  the 
French  empire  in  1814,  the  face 
of  things  in  Switzerland  was  al- 
most entirely  changed.  The  an- 
cient possessors  of  monopolies, 
political  and  commercial,  sought 
to  resume  their  suspended  privi- 
leges :  the  modern  possessors  of 
equal  rights  endeavored  to  main- 
tain their  newly  gotten  indepen- 
dence.— The  Republic  was  or- 
ganised anew  under  the  auspices 
of  the  Congress  of  Vienna  ;  and 
Switzerland  became  a  most  anom- 
alous assemblage  of  every  variety 
of  political  institutions,  from  pure 
democracy  up  to  monarchy  itself. 
While  the  pastoral  cantons  return- 
ed to  the  simple  forms  of  interior 
administration,  which  belonged 
to  them  in  olden  times, — and 
while  Berne  and  the  great  Cath- 
olic cantons  were  replaced  in  the 
hands  of  their  aristocracy  by  the 
help  of  Austrian  bayonets, — 
Neufchatel,  as  a  principality  de- 
'lendant  on  Prussia,  caused  a 
king  to  be  one  of  the  integral 
members  of  the  Swiss  confedera- 
cy. The  evils  of  the  new  organ- 
ization were  the  handy  work  of 
the  allies;  and  the  abuses  they 
re-established  in  Switzerland  pass- 
ed away  with  the  result  of  their 
highly  disinterested  labors  in 
France  and  Belgium. 

We  may  as  an  example  take  the 
populous  canton  of  Berne,  the  larg- 
est in  the  confederacy,  the  most  in- 
fluential as  well  from  long  custom 
as  from  the  political  adroitness  of 
the  Bernois,  its  capital  being  the 
residence  of  the  diplomatic  body, 
and  soj  in  some  senses,  the  capital 


of  Switzerland.  In  this  canton 
their  was  a  double  conflict  of  in- 
terests, first  between  the  city  and 
the  country  dependent  on  it,  and 
secondly,  between  the  burgher 
and  patrician  families  in  the  city 
itself.  The  Great  or  Sovereign 
Council  of  Berne  was  composed 
of  299  members,  of  which  the 
city,  having  a  population  of  12,- 
000  souls,  elected  200  members, 
whilst  only  99  remained  for  the 
country,  with  a  population  of 
nearly  300,000  souls.  Again,  of 
the  280  families  having  rights  of 
citizenship  in  the  city  of  Berne, 
only  80  are  reputed  noble  or  pa- 
trician ;  and  in  the  hands  of  these 
privileged  families  the  public  em- 
ployments were  concentrated ;  so 
that  the  200  city  members  of  the 
Sovereign  Council  in  fact  repre- 
sented but  80  families. — The 
representation  was  renewed,  not 
by  free  elections,  but  by  an  elec- 
toral committee  composed  of  the 
smaller  council  together  with  six- 
teen members  of  the  Great  Coun- 
cil ;  and  of  the  tw^enty-six  mem- 
bers of  the  smaller  council,  twen- 
ty-two were  by  the  rules  to  be 
noble.  In  practice,  therefore,  it 
happened  that  a  majority  of  the 
Grand  Council  was  furnished  by 
thirty  privileged  families  of  the 
city.  In  addition  to  all  this,  the 
Council  and  Sixteen,  as  the  com- 
mittee before  mentioned  was  de- 
nominated, enjoyed  the  initiative^ 
and  had  power  to  confirm,  sus- 
pend or  exclude  the  members  of 
the  Great  Council. 

Although  the  political  constitu- 
tion of  Berne  is  a  strong  case  of 
the  abuses  in  question,  yet  others 
of  the  same  nature  existed  m  all 
the  aristocratic  cantons,  and  espe- 


SWITZERLAND. 


229 


t3ially  in  those  of  the  Catholic 
faith,  as  Soleure,.  Lucerne,  and 
Friburg.  In  some  of  the  Protest- 
ant cantons  more  disposition  was 
manifested  to  conciliate  the  feel- 
ings of  the  rural  population.  In 
Bale,  which  in  point  of  religion  is 
mixed,  the  bourgeoisie  obstinate- 
ly insisted  on  their  exclusive  rights 
in  trade,  and  their  monopolies  as 
well  as  their  prerogatives  in  the 
public  representation."  In  the 
democratic  cantons  there  was  less 
to  reform,  and  of  course  less  talk 
of  reformation.  On  the  whole, 
the  subjects  of  Switzerland  had 
gained  materially  by  the  vicissi- 
tudes of  the  age,  being  raised 
from  the  condition  of  wretched 
dependants  to  that  of  free  and 
sovereign  cantons.  Thus  it  was 
with  Vaud,  Argow,  Thurgau  and 
the  Tessino. 

From  the  year  1815,  to  that 
of  1830,  no  historical  event  of 
any  importance  occurred  in  Swit- 
zerland. The  Republic  remain- 
ed in  a  state  of  unnatural  and 
forced  tranquillity,  under  the  in- 
fluence of  the  Holy  Alliance, 
which,  having  contributed  so 
largely  towards  rs-instating  the 
aristocracy  in  their  ancient  pow- 
er, had  unanswerable  claims  on 
their  subserviency.  Of  course, 
they  were  not  seldom  called  upon 
to  manifest  their  grateful  sense  of 
past  favors.  They  were  requir- 
ed to  send  away  the  Italian  emi- 
grants, and  they  did  it.  They 
were  required  to  enslave  the 
press,  and  they  did  it.  Notwith- 
standing the  warning  experience 
of  past  misfortunes,  new  capitula- 
tions were  contracted  with  the 
King  of  Naples  for  supplying  him 
with  hired  troops  from  the  Re- 
20* 


public.  The  Diet  was  filled 
with  disputes,  and  plans  of  public 
utility  were  occasionally  proposed, 
but  to  no  purpose,  until  the  flame 
of  revolution  burst  out  where  it 
was  least  expected. 

It  was  among  the  Italian  baili- 
wicks of  the  Tessino,  that  the 
work  of  reformation  was  under- 
taken by  the  people  in  the  month 
of  June,  1830,  a  month  before 
the  revolution  of  the  Three  Days 
in  Paris.  Tnis  little  canton, 
therefore,  deserves  the  credit  of 
having  commenced  the  task  of 
overthrowing  the  structures  rais- 
ed by  the  Congress  of  Vienna. 
Some  changes,  it  is  true,  had 
been  introduced  in  the  constitu- 
tions of  Vaud  and  Lucerne,  but 
they  were  deceptive  and  incom- 
plete. But  an  attack  by  the  Ian- 
daman  Quadri  on  the  liberty  of 
the  press  and  the  public  rights  of 
the  people,  was  the  signal  of  rev- 
olution in  the  Tessino,  and  gave 
tlie  first  effective  impulse  to  the 
cause  of  political  reform  in  Swit- 
zerland. 

In  July,  the  Diet  assembled  at 
Lucerne,  and  passed  much  time 
in  discussing  the  movement  of  the 
Tessino.  Every  shade  of  opin- 
ion made  its  appearance,  as  well 
the  unshaken  republicanism  of 
Appenzell,  as  the  quietism  and 
attachment  to  the  existing  order 
of  things  of  Friburg  and  Zurich. 
But  nothing  came  of  it.  TJae 
Diet  left  this  subject,  to  discuss 
the  penal  code  of  the  Swiss  regi- 
ments in  the  service  of  France ; 
and  at  the  very  period  when  the 
wiseacres  of  the  Diet  were  ad- 
justing the  conditions  of  service, 
the  patriots  of  the  Parisian  barri- 
cades were  cutting  up  or  making 


nso 


ANNUAL  REGISTER,  1830—31. 


prisoners  of  the  regiments  them- 
selves, and  thus  summarily  dis- 
posmg  of  the  articles  of  capitula- 
tion. 

The   spectacle   of    the   great 
events  of  July  seemed  to  fill  the 
Swiss  with  a  kind  of  stupor.  Agi- 
tated as  the  people  of  Switzerland 
themselves    were   with    projects 
and  wishes  of  reform,  they  could 
not,  for  the  moment,  satisfy  them- 
selves what  influence  over  their 
own   condition   the    changes    in 
France  were  to  operate.     It  was 
plain  to  see,  how^ever,  that  liber- 
ty must  be  a  gainer  by  the  shock, 
which     the      dethronement     of 
Charles  X.  had  given  to  the  in- 
stitutions of  the  year  1814.     Ap- 
pen^ell  was  the  first  to  collect  it- 
self, and  to  speak  of  reforms  at 
home;  and  Soleure  followed  in 
the  same  track.     But  the  earhest 
popular  meeting  was  among  the 
inhabitants  of  Argau.     There  is  a 
ruined  castle,  the  stronghold  of 
the  counts    of   Lenzbourg,  and 
once  the  abode  of  a  warlike  and 
dhivalrous  court,  where  the  Swiss 
minnesingers    of   the   thirteenth 
century  came  to  sing  at  the  feu- 
dal banquet.     At  the  foot  of  this 
relic  of  another  age,  the  people 
of  Argau  assembled  on  the  7th  of 
September,  1830,  demanding  re- 
forms   in    the   popular   interest. 
The    example    was     electrical. 
Bale,  Zurich  even,  witnessed  like 
assemblages  of  the  people,  every- 
where complaining  of  the  usurp- 
ations of  the  cities,  and  claiming 
a  national  representation  based  on 
the  population  of  the  canton,  and 
divested  of  all  privileges  of  local- 
ity or  class. 

Berne  being,  as  before  explain- 
ed, the  leading  canton,  it  is  im- 


portant to  observe  the  progress  of 
things  there.    The  smaller  Coun- 
cil began  by  an  injudicious  inter- 
dict of  the  Zurich  Gazette,  which 
irritated  the  popular  party.  Other 
measures  of  an  impolitic  nature 
ensued,  and  the  people  at  length 
became  roused.     Petitions  began 
to  flow  in  from  all  quarters  of  the 
country,  claiming  the  most  radi- 
cal changes  in  the  whole  consti- 
tution of  government.     They  de- 
manded the  recognition   of  the 
sovereignty  of  the  whole  people, 
and  as  a  consequence,  the  aboli- 
tion of  the  patriciate ;  two  thirds 
of  the  representation  for  the  coun- 
try; a  complete  publicity  in  all 
proceedings,  legislative  and  judi- 
cial ;    the   participation   of  both 
councils  in  the  initiative  of  laws ; 
freedom  of  the  press,  amovibility 
from  employments,  and  personal 
guaranties  : — all  to  be  secured  by 
a   constitution   submitted   to  the 
people    for   their    sanction.      It 
needs  only  thus  to  advert  to  some 
of  the  principal  requisitions  of  the 
reform  party  among  the  Bernese, 
to  perceive   how   imperfect   and 
faulty  was  the  existing  stale  of 
things  in  the  Republic. 

While  these  petitions  were 
pouring  in  upon  the  government 
of  Berne,  other  cantons  were 
proceeding  to  accomplish  the 
changes  they  desired.  In  Saint 
Gall,  and  in  Soleure,  the  canton- 
al government  anticipated  the 
people ;  Thurgau  and  Lucerne 
yielded  without  a  struggle.  In 
Zurich  an  assembly  of  nine  or 
ten  thousand  citizens  was  held  at 
Uster,  who  deliberated  on  the 
public  grievances  in  perfect  or- 
der and  with  heads  uncovered, 
and  compelled  the  government  to 


SWITZERLAND. 


231 


equalize  the  representation  and 
prepare  a  constitution  on  the  base 
of  the  popular  rights  and  sover- 
eignty. Friburg,  after  a  while, 
had  come  to  form  the  head-quar- 
ters of  the  emigrant  clergy  from 
France;  and  its  governors  en- 
deavored, by  acting  in  concert 
with  that  of  Berne,  to  defeat  the 
wishes  of  the  people.  The  in- 
habitants of  the  country,  finding 
that  such  was  the  fact,  flocked  to 
the  city  in  great  numbers,  and 
there,  acting  in  harmony  with  the 
untitled  bourgeois,  they  made  such 
a  demonstration  of  their  power, 
that  the  Council  yielded  the  point, 
and  almost  unanimously  decreed 
a   revision    of   the   constitution, 


and  feelings  of  the  Swiss  in  regard 
to  foreign  nations.  Some  of  the 
Carlists  who  had  taken  refuge  in 
the  Valais,  sought  to  make  their 
asylum  the  centre  of  political  in- 
trigues, and  were  compelled  by 
the  government  to  respect  the 
neutral  rights  and  duties  of  the 
country.  On  the  other  hand,  a 
number  of  Italian  patriots,  who 
had  fled  to  the  Tessino  to  escape 
the  penalty  of  disaffection  to  the 
government  of  Austria  or  Sardi- 
nia of  which  they  were  the  sub- 
jects, and  v^^ho  became  justly  ob- 
noxious to  complaint  as  conspira- 
tors, although  conspirators  in  the 
cause  of  liberty,  were  obliged  to 
disperse   themselves   among   the 


which  was  peaceably  and  amica-   cantons,   although  not   excluded 


bly  concluded  in  the  sequel 

December  was  an  important 
month  in  the  cantons ;  for  it  was 
the  season  of  some  of  the  most 
decisive  movements  of  the  popu- 
lar party.  In  Argau,  the  Council 
had  temporised  so  much,  that  the 
people  began  to  doubt  their  sin- 
cerity ;  and  seven  or  eight  tliou- 


from  their  refuge  in  Switzerland. 
It  was  impossible,  after  this,  for 
either  liberal  France  or  servile 
Austria  to  impeach  the  impartial- 
ity of  the  Swiss. 

The  federal  Diet  assembled  on 
the  22nd  of  December  at  Lu- 
cerne, and  this  time,  at  least,  left 
no  cause  of  complaint  against  its 


sand  peasants  took  possession  of  doings.  It  proclaimed  the  neu- 
the  city,  and  compelled  the  gov-  trality  of  Switzerland,  occupied 
ernment  to  convene  a  constituent 
assembly,  as  in  the  other  revolu- 
tionised cantons.  So  it  was  in 
the  Pays  de  Vaud.  Some  want 
of  good  faith  having  been  mani- 
fested by  the  government,  the 
peasants  flocked  to  Lausanne, 
the   capital,   in   a  body,  at   the 

sound    of  the  tocsin    and  upon 

the  view  of  signals  lighted  up  in 

Lausanne  itself.     Of  course,  their 

demands  were  acceded  to  by  the 

Council  without  reserve  or  condi- 


tion. 


Two  incidents,  of  an  opposite 
nature,  indicated  the  intentions 


itself  with  the  organization  of  a 
federal  army  to  maintain  that 
neutrality,  and  recognised  the 
right  of  the  cantons  to  re-construct 
their  systems  of  internal  adminis- 
tration. 

Nor  was  the  month  of  January, 
1831,  less  remarkable  for  the 
events  it  witnessed.  To  begin 
with  the  affairs  of  Berne : — The 
Grand  Council,  which  assembled 
on  the  6th  of  December,  had  as- 
sumed an  attitude  of  entire  hos- 
tility towards  the  petitioners  for 
redress  of  grievances,  going  so 
far  as  even  to  refuse  to  acknowl- 


23-2 


ANNUAL  REGISTER,  1830—31. 


edge  their  right  to  petition  col- 
lectively. They  prepared  to 
march  troops  against  a  part  of  the 
Bernese  territory,  which  demand- 
ed to  form  a  separate  canton ; 
and  the  troops,  in  fact,  were  sent 
upon  this  duty ;  but  they  could 
not  be  forced  to  act  against  the 
people,  and  soon  retreated,  hav- 
ing produced  no  other  effect  but 
to  draw  the  ire  of  the  country 
communes  upon  the  government, 
and  to  cause  the  peasants  to  or- 
ganize themselves  for  offensive 
operations.  Presently,  the  sec- 
ondary burghers  of  the  city  of 
Berne  began  to  act  in  unison  with 
the  inhabitants  of  the  country, 
against  their  common  enemies, 
the  patricians.  When  this  union 
was  formed,  the  Bernese  oligar- 
chy saw  plainly  that  their  hour 
was  come,  and  they  bent  them- 
selves to  the  necessity  which  they 
could  not  avert.  On  the  1 3th  of 
January,  1831,  the  government 
addressed  to  the  people  a  pro- 
clamation, summoning  a  constitu- 
ent assembly  according  to  the 
public  wish.  This  convention 
met  in  May,  and  was  occupied 
for  the  space  of  three  months  in 
the  work  assigned  them,  which 
they  performed  thoroughly  and 
well.  They  made  a  radical 
change  in  the  whole  system  of 
government,  and  reported  a  con- 
stitution, just,  equal,  and  reasona- 
ble,— which  equalised  the  repre- 
sentation,— secured  the  liberty  of 
the  press,  of  instruction,  worship, 
industry,  petitions,  and  person, — 
abolished  the  military  capitula- 
tion,— and  was  adopted  by  the 
people  in  August,  by  an  over- 
whelming vote.  Still  the  patri- 
cians kept  aloof,  refusing  to  take 


part  in  the  government  organised 
under  the  new  constitution,  con- 
trary to  the  policy  of  their  class 
in  Friburg  and  Soleure,  where 
the  nobles  wisely  concluded  to 
enter  frankly  into  the  new  order 
of  things. 

We  have  said  little  of  Bale 
thus  far ;  but  the  events,  which 
occurred  in  that  canton,  require 
to  be  particularly  stated,  because 
there  the  progress  of  the  revolu- 
tion was  attended  with  bloodshed. 
In  Bale,  the  rural  population  em- 
braces only  three  fifths  of  the 
whole  population;  but  without 
duly  considering  this  fact,  the 
country  claimed,  as  at  Zurich, 
two  thirds  of  the  representation. 
This  was  one  subject  of  differ- 
ence. Another  was  the  antiqua- 
ted monopolies  of  the  city,  which 
shackled  and  oppressed  the  indus- 
try of  the  country.  The  peas- 
antry were  somewhat  warm  in 
their  representations  to  the  city  : 
the  latter  replied  by  military  pre- 
parations, the  citizens  submitting 
to  bivouac,  as  in  time  of  war. 
On  the  3d  of  January,  1831,  an 
assembly  of  2,500  men  was  col- 
lected at  Liestall,  three  leagues 
from  Bale,  to  discuss  the  public 
grievances.  They  demanded  a 
convention  of  the  people, — the 
abolition  of  all  exclusive  privileg- 
es,— and  instead  of  two  thirds, 
five  sevenths  of  the  representa- 
tion, that  is,  one  in  twenty-one 
more  than  they  had  previously 
claimed ;  and  they  threatened  to 
use  force  in  case  their  demands 
were  not  granted.  Hereupon  the 
citizens  met  in  the  church  of 
Saint  Martin,  and  after  delibera- 
tion, resolved  to  meet  force  with 
force.     The  insurgents  appointed 


SWITZERLAND. 


233 


a  provisional  government,  and 
laid  siege  to  the  city;  but  they 
were  repulsed  in  two  sorties,  and 
Liestall,  the  seat  of  the  insurgent 
government,  fell  into  the  hands  of 
the  Balois.  Had  the  latter  con- 
sulted moderation  in  this  crisis, 
all  might  have  been  well;  but 
they  excluded  all  the  members 
of  the  provisional  government 
from  the  benefits  of  amnesty,  and 
thus  laid  the  foundation  of  future 
disturbances.  A  new  constitu- 
tion, however,  was  framed  and 
adopted  by  a  majority  of  the  peo- 
ple, in  the  midst  of  the  troubles 
in  question. 

In  Saint  Gall  and  SchafFhausen 
the  people  attained  their  wishes, 
but  not  until  they  had  entered  the 
city  in  great  numbers,  as  at  Arau. 
The  Grisons,  the  Valais,  and 
Geneva  took,  apparently,  little  or 
no  interest  in  the  changes  which 
were  going  on  about  them,  until 
they  had  been  consummated 
elsewhere,  when  the  aristocracy 
of  Geneva  voluntarily  offered 
concession  to  the  interests  of  the 
people.  But  the  proceedings  in 
the  canton  of  Schwytz,  the  birth- 
place of  the  country's  indepen- 
dence, were  the  most  curious. 
The  small  pastoral  cantons,  it 
should  be  remarked,  were  con- 
tented with  their  institutions. 
Among  them,  everything  passed 
as  in  a  family,  and  in  the  patri- 
archal simplicity  of  their  manners 
there  was  but  litde  to  desire  or 
obtain  in  political  reforms.  The 
canton  of  Schwytz  consists  of  two 
portions,  namely,  the  original 
country,  and  certain  exterior  dis- 
tricts incorporated  with  it  in  after 
times,  the  two  divisions  of  the 
canton   being  united  only  by   a 


mere  convention,  and  the  latter 
having  been  deprived  of  its  rights 
by  gradual  encroachments,  until 
it  had  come  to  be  treated  as  a  sub- 
ject rather  than  an  associate.  On 
the  8th  of  January,  4,000  citizens 
met  at  Lachen,  with  drurns  beat- 
ing and  colors  flying,  in  the  midst 
of  a  snow-storm,  which  of  course 
they  htde  heeded.  They  gave 
to  the  old  country  three  weeks  to 
come  to  terms  in ;  and  on  the 
refusal  of  the  Schytzers  to  give 
way,  declared  themselves  a  sep- 
arate canton,  and  established  a 
provisional  government  accord- 
ingly. The  two  parties  did  not 
commit  actual  hostilities,  as  in 
Bale  ;  but  they  came  to  no  set- 
tlement. 

The  Diet  adjourned  on  the  7th 
of  May,  1831,  but  assembled 
again  the  4th  of  July.  They 
were  engaged  upon  several  mi- 
nor subjects,  until  the  recorn- 
^mencement  of  hostilities  in  Bale 
called  for  their  interposition. 
The  two  governments  of  Bale 
and  Liestall  went  to  war  again  in 
good  earnest  in  August.  Liestall 
was  once  more  taken  by  the 
Balois;  and  then  retaken  from 
the  latter  after  a  serious  bat- 
tle in  which  the  Balois  were 
beaten.  To  put  an  end  to  hos- 
tilides,  the  Diet,  on  the  7th  of 
September,  resolved  to  occupy 
the  canton  of  Bale  with  the  troops 
of  the  confederacy,  not  to  influ- 
ence or  control  public  opinion, 
but  to  prevent  the  further  effusion 
of  blood. 

It  remains  only  to  say  a  word 
concerning  Neufchatel.  This 
being  a  Prussian  possession,  seem- 
ed hardly  to  have  the  same  free 
will   in  regard  to  reform  as  the 


234 


ANJSUAL  REGISTER,  1830—31. 


other  cantons.  The  city  of 
Neufchatel,  indeed,  was  content- 
ed with  its  political  condition,  be- 
cause it  served  their  interests  at 
the  present  moment;  but  some 
of  the  dependent  communes  were 
proportionably  dissatisfied  with 
their  situation,  and  for  the  very 
same  reason.  Finally,  the  latter 
broke  out  in  open  insurrection  on 
the  13th  of  September,  took  pos- 
session of  the  arsenal,  and  pro- 
ceeded to  nominate  a  provisional 
government,  demanding  at  the- 
same  time  a  constituent  assembly. 
While  the  course  to  be  adopted 
by  the  King  of  Prussia  remained 
yet  uncertain,  the  Swiss  Diet  oc- 
cupied the  canton  with  the  troops 
of  the  confederacy,  for  the  sake 
of  preserving  peace,  by  virtue  of 
the  federal  compact,  and  in  the 
way  that  Bale  was  occupied. 
We  defer  till  another  volume  the 
glviQg  an  sccuunt  of  the  hostili- 
ties which  afterwards  took  place 
in  Neufchatel,  as  also  the  further 


history  of  the  proceedings  in  the 
other  cantons  of  the  Republic.^ 
We  make  no  observations  upon 
the  events  which  we  have  des- 
cribed, except  only  that  the 
equalization  of  rights  in  Switzer- 
land must  exercise  the  most  fa- 
vorable influence  on  the  domestic 
prosperity  and  external  respecta- 
bility of  the  Republic.  Industry 
will  now  be  made  to  flourish  un- 
der the  same  free  principles, 
which  have  fostered  it  in  this 
country.  The  physical  force  of 
Switzerland  will  become  attached 
to  institutions  so  liberal  and  equal 
as  those  under  consideration,  and 
the  inhabitants  of  the  Alps  w^ll 
thus  be  rendered  more  capable 
of  defending  their  mountain  pass- 
es against  foreign  aggression,  and 
of  making  a  stand,  if  need  be, 
for  the  liberties  of  Europe. 

*  This  chapter  is  compiled  flrom  arti- 
cles in  the  Revue  Encyclopedique  foy 
July,  1830,  and  Nov,  1831. 


CHAPTER    XIII 


ENGLAND. 

State  of  Public  Feeling. — Condition  of  England. — Aristocratic, 
character  of  Government. — House  oj  Commons. — Elective  Fran- 
chise in  England, — Scotland  and  Ireland. — East  India  Compa- 
ny.—  West  India  Company. —  Corruption  of  Government. — 
Catholic  Emancipation. — Resignation  of  Duke  of  Wellington. 
—  Whig  Administration. — Situation  of  Country. — Poland. — 
Portugal. — West  India  Colonies. — East  India  Charter. — Ire- 
land.— Anti-union  Movements. — Distress. — Disturbances. — An- 
ti-tithe Associations. — England. — Church  Property. — Meeting 
of  Parliament. — Civil  List. — Retrenchment. — Budget. — Re- 
form Bill. — Charter  of  Reform. — Discussion. — Timber  Duty. 
— Defeat  of  Ministers. — Second  Reading  ofReformBill. — Gen- 
eral Gascoyne's  Motion. — Parliament  dissolved. — New  Parlia- 
ment.— Reform  Bill  again  brought  forward. —  Committed. — 
Course  of  Tories. — Passed  House  of  Commons. — Rejected  by 
House  of  Lords. — Public  Excitement. — Lord  Ebrington'*s  reso- 
lution.— Riots  at  Bristol. 


The  year  1830  was  the  com- 
mencement of  a  new  political  era 
in  Europe.  The  overthrow  of 
the  Bourbons  sounded  the  knell 
of  the  feudal  institutions  of  Chris- 
tendom. It  was  soon  discovered, 
that  the  principle  of  legitimate 
monarchy  was  not  destined  to  fall 
alone.  While  the  raonarchs  of 
the  old  world  had  learned  from 
the  bloody  scenes  of  the  French 
revolution,  nothing  but  the  neces- 
sity of  reverting  to  the  antiquated 
maxims  of  absolute  power  and 
divine  right;  their  subjects  de- 
rived  from  the  pregnant  lessons 


afforded  by  the  subsequent  paci- 
fication of  Europe,  a  conviction, 
that  their  safety  and  happiness 
would  be  best  promoted,  by  an 
extension  of  political  power  to 
those  most  immediately  affected 
by  its  exercise. 

The  revolution  of  Paris,  there- 
fore, proved  only  the  signal  for 
the  recoil  of  freedom  upon  her 
oppressors.  In  Belgium,  in  Ger- 
many, in  Italy,  in  Switzerland, 
and  in  Poland,  insurrections  and 
commotions  succeeded  each  oth- 
er so  rapidly,  as  to  indicate  a 
general  consciousness  of  injustice 


236 


ANNUAL  REGISTER,  1830—31. 


and  misgovernment,  and  a  wide- 
spread conviction  on  the  part  of 
the  people  of  their  right  and  their 
power  to  redress  the  evil. 

Nor  was  this  feeling  confined 
to  the  continent.  An  impulse 
was  given  to  the  public  sentiment 
of  England,  and  the  demand  for 
reform  both  in  the  constitution 
and  in  the  administration  of  the 
government,  became  too  powerful 
to  be  longer  disregarded. 

For  more  than  half  a  century, 
this  kingdom  had  been  driven  by 
the  force  of  circumstances,  into 
the  unnatural  position  of  chief 
antagonist  to  the  revolutionary 
spirit  of  Christendom.  In  mod- 
ern Europe,  the  desire  of  colo- 
nies had  been  substituted  for  the 
spirit  of  conquest,  and  England 
had  proved  remarkably  successful 
in  this  struggle  for  commercial 
power.  Favored  with  institutions 
which  secured  to  her  subjects 
domestic  freedom,  she  had  rapid- 
ly advanced  in  wealth  and  power, 
until  she  was  enabled  to  furnish, 
from  her  own  resources,  the  ma- 
terials of  an  extensive  foreign 
trade,  and  by  means  of  the  ex- 
clusive policy  of  her  navigation 
acts,  to  monopolize  a  large  share 
of  the  commerce  of  the  globe. 

Acting  upon  the  illiberal  max- 
im of  stimulating  to  the  utmost 
extent  the  commerce  and  produc- 
tions of  her  own  subjects,  and  of 
repressing  those  of  other  nations 
where  they  came  into  competition 
w^ith  her  own,  she  had  within  a 
century  after  the  date  of  those 
celebrated  acts,  appropriated  to 
herself  the  greater  part  of  the 
East  and  West  Indies,  the  most 
valuable  portion  of  North  Amer- 
ica,  and  numerous  impregnable 


depots,  and  naval  stations  in  oth- 
er parts  of  the  world.  Ireland 
was  held  as  a  dependent  and 
tributary  kingdom.  Gibraltar  se- 
cured the  entrance  of  the  Medi- 
terranean and  protected  the  trade 
to  the  Levant :  while  her  politi- 
cal connexiDns  with  Portugal, 
Holland,  and  Hanover,  enabled 
her  to  extend  her  commercial 
relations  with  the  European  con- 
tinent. Thus  favorably  situated, 
she  was  rapidly  monopolizing  the 
trade  of  the  world,  and  develop- 
ing those  vast  schemes  of  com- 
mercial ambition,  which  have 
since  brought  under  her  sway, 
Australia,  the  Cape  of  Good 
Hope,  Malta,  and  St.  Helena, 
(forming  a  chain  of  naval  stations 
in  the  most  important  quarters  of 
the  globe;)  when  this  plan  of 
commercial  and  political  aggran- 
dizement received  a  check  by 
the  revolt  of  her  North  American 
colonies,  and  by  their  separation 
from  the  mother  country,  the 
world  was  preserved  from  a  mar- 
itime preponderancy  which  would 
have  proved  fatal  to  the  naval  in- 
dependence of  all  other  powers. 
Fortunately  for  mankind,  those 
settlements  were  founded  by  men 
whose  principles,  religious,  polit- 
ical, and  commercial,  went  be- 
yond the  narrow  maxims  of  the 
British  government.  They  were 
not  contented  with  toleration  un- 
der an  established  hierarchy ;  nor 
satisfied  with  that  share  in  the 
government,  which  was  enjoyed 
by  the  commons  of  England 
through  representations  in  a  Par- 
liament filled  with  the  nominees 
of  borough  owners,  and  the  pen- 
sioners of  the  treasury.  Their 
ideas  of  free  trade  aimed  at  the 


ENGLAND. 


237 


abolition  of  monopolies  and  the 
admission  of  all  nations  into  their 
ports  upon  terms  of  reciprocity. 
This  discordance  of  principles 
soon  alienated  the  provinces  from 
the  mother  country,  and  an  at- 
tempt to  enforce  her  system  re- 
sulted in  the  establishment  of 
their  independence. 

The  contest  which  then  com- 
menced, has  since  that  eventful 
moment  involved  Europe  in  a 
general  and  sanguinary  war,  and 
after  many  vicissitudes  it  reached 
a  state  of  tempoi-ary  repose  in 
the'  general  pacification  at  the 
restoration  of  the  Bourbons. 

During  that  long  and  bloody 
contest,  the  English  nation  en- 
listed itself  in  defence  of  the  an- 
tiquated establishments  of  feudal 
Europe. 

Embarrassed  by  the  false  posi- 
tion in  which  the  country  was 
placed  by  the  principles  of  her 
commercial  system,  and  shocked 
by  the  excesses  of  the  French 
revolution,  the  English  nation  did 
not  sufficiently  discriminate  be- 
tween a  blind  rage  for  innovation, 
and  the  cautious  spirit  of  reform, 
but  exerted  itself  with  equal  zeal 
in  repressing  the  revolutionary 
feeling  then  pervading  the  lower 
classes  at  home,  and  in  putting 
down  the  same  spirit  on  the  con- 
tinent. The  tory  party,  which 
then  administered  the  govern- 
ment, was  not  slow  to  avail  itself 
of  the  favorable  situation  in  which 
it  was  placed,  and  by  alternately 
appealing  to  their  fears  and  na- 
tional pride,  it  induced  the  people 
of  England  to  acquiesce  in  an  ex- 
traordinary augmentation  of  the 
powers  of  government,  and  suc- 
ceeded in  defeating  all  attempts 
21 


to  reform  the  representation  in 
the  House  of  Commons. 

After  unparalleled  exertions 
and  the  most  extravagant  expen- 
diture of  blood  and  treasure,  they 
also  succeeded  in  overthrowing 
the  revolutionary  party  on  the 
continent.  The  entire  change  in 
the  character  and  objects  of  that 
party  which  had  been  effected  by 
the  ambition  of  Napoleon,  had 
bitterly  disappointed  the  sanguine 
expectations  of  the  friends  of 
freedom,  and  enabled  them  to 
contemplate  the  triumph  of  the 
allied  sovereigns  with  indifference. 
This  feeling,  however,  was  not 
of  long  continuance.  The  infat- 
uated desire  of  the  Bourbons  to 
restore  the  ancient  order  of  things 
in  France,  and  the  arbitrary  max- 
ims promulgated  by  the  Holy  Al- 
liance, caused  a  reaction  in  pub- 
lic opinion,  and  it  was  soon  dis- 
covered that  the  demon  of  military 
ambition  had  been  exorcised, 
only  to  make  room  for  those 
worse  fiends,  which  had  by  in- 
justice and  oppression  driven 
Europe  to  the  delirium  from 
which  she  was  just  recovering. 
A  similar  reaction  took  place  in 
England.  After  twenty-five  years 
of  war,  she  at  length  ascertained 
that  the  objects  of  her  allies  were 
not  identical  with  her  own,  and 
was  compelled  to  withdraw  from 
the  alliance,  with  the  grateful  re- 
flection, that,  by  her  subsidies 
and  arms,  the  government  of 
France  was  rescued  from  the 
hands  of  Napoleon  to  be  again 
entrusted  to  the  Bourbons,  and 
that  the  repose  of  Europe  was 
secured  by  the  ascendancy  of 
legitimacy. 

This   grateful    reflection    was 


•23S 


ANNUAL  REGISTER,  ISSO— Of. 


somewhat  embittered  by  the  con- 
sciousness that,  in  effecting  this 
object,  the  national  debt  was  aug- 
mented beyond  the  ability  of  the 
country  to  extinguish  it,  or  even 
long  to  sustain  the  burden  of  pay- 
ing the  annual  interest ;  that  the 
poor  rates  were  quadrupled,  and 
one-sixth  of  the  population  were 
paupers ;  that  taxation  (which, 
since  the  accession  of  George  III. 
had  been  more  than  quadrupled) 
now  bore  hard  upon  the  produc- 
tive industry  of  the  country  and 
threatened  to  place  it  in  disad- 
vantageous competition  with  that 
of  other  nations ;  that  the  agricul- 
tural classes  were  so  burthened 
with  tithes  and  poor  rates  as  to 
alienate  them  from  the  established 
church,  and  to  prevent  them  from 
sustaining  themselves  even  in  the 
absence  of  all  competition  from 
abroad,  while  all  other  classes 
were  complaining  of  the  corn 
laws,  to  which  they  attributed  the 
high  price  of  grain. 

The  people  of  England  began 
to  realize  the  evils  resulting  from 
the  false  policy  of  their  govern- 
ment. Recovered  from  the  fe- 
verish excitement,  which  had 
sustained  them  in  their  unparal- 
leled efforts  against  the  military 
supremacy  of  France,  they  felt 
their  strength  to  have  been  over- 
tasked. The  reaction  consequent 
upon  over-exertion  now  com- 
menced, and  a  general  conviction 
began  to  prevail  of  the  necessity 


of  some  reform,  that  should  ma- 
terially diminish  the  burdens  of 
the  nation.  The  kingdom  indeed 
was  wealthy  and  prosperous.  The 
face  of  the  country  was  covered 
with  roads,  canals,  bridges,  and 
public  and  private  buildings  of 
unsurpassed  magnificence.  The 
soil  attested  the  power  of  the 
most  skilful  and  laborious  cultiva- 
tion. Its  manufactures  enjoyed 
a  deserved  supremacy  over  those 
of  other  nations,  and  they  in  their 
turn  contributed  to  augment  a 
trade,  which  placed  England  at 
the  head  of  maritime  powers. 
Her  colpnies  alone  afforded  a 
secure  and  constantly  increasing 
market  for  her  manufactures,  and 
furnished  the  materials  for  a  lu- 
crative commerce. 

The  exports- from  these  colonial 
possessions  amounted  annually  to 
£31,500,000,  or  f  151,000,000, 
and  the  imports  to  £28,300,000,. 
or  $135,200,000  ;  and  tw^o-thirds 
of  this  trade  was  carried  on  di- 
rectly with  Great  Britain  and 
Ireland,  giving  employment  to 
1,325,000  tons  of  British  shipping. 
The  revenue  of  these  possessions 
also  contributes  to  swell  the  power 
and  patronage  of  the  government, 
and  it  amounted,  including  that 
of  the  East  Indies,  to  the  enor- 
mous sum  of  £24,852,000,  or 
$120,000,000,  annually.-^ 

Contemplated  as  a  whole,  and 
it  may  be  safely  asserted,  that  the 
world  never  before  saw  so  vast 


Exports   and    Imports. 
1.  West  India  Colonies. 


1S29,  Great  Britain  and  Ireland, 
1826,  Other  Places, 


Total, 


Exports  to. 

£9,539.916 
3,031 ,230 

£12,571,146 


Imports  from. 

£5,801,786 
3,298,593 


ENGLAND  239 

an  amount  of  wealth  and  power  change,  from  her  palaces,  from 
under  one  head,  as  that  under  the  princely  seats  of  her  nobility, 
the  control  of  the  British  govern-  and  from  the  stately  colleges  and 
ment.  When  the  superstructure  hospitals  erected  by  her  munifi- 
was  viewed  more  closely,  how-  cence,  to  the  factories  and  the 
ever,  indications  of  weakness  were  work  shops  where  the  operatives 
perceived.  Among  the  nobility,  (whose  labor  laid  the  foundation 
the  aristocratic  commoners,  the  of  her  wealth)  are  employed  in 
merchants,  bankers  and  great  earning  a  scanty  subsistence,  or 
manufacturers,  there  was  a  super-  to  the  alms-house,  to  which  they 
abundance  of  wealth.  The  treas-  resort  upon  the  first  stagnation  of 
ures  of  the  old  and  the  new  world  trade,  and  the  reverse  of  the  pic- 
seemed  to  be  accumulated  in  or-  ture  is  seen.  The  hungry  poor, 
der  to  render  England  opulent,  whom  ignorance  and  want  are 
But  turning  from  her  royal  ex-  daily  rendering  more  dangerous, 

2.  North  American  Colonies. 

Exports  to.  Impoits  from. 

1829,  Great  Britain  and  Ireland,  £1 ,149,146        i:2, 1 31 ,993 

1826  and  183a,  Other  Places,  1,299,156           2,220,639 


Total,  £2,448,302  £4,358,032 

3.  Eastern  Colonies. 

1829,  Great  Britain  and  Ireland,  793,005  1,935,821 

1820,  Other  Places,  222,225  825,491 


Total,  £1,015,230  £2,701,312 
4.  East  Indies  and  China. 

1829,  Great  Britain  and  Ireland^  7,659,684  C.462,128 

1818,  Other  Places,  7,054,963  5;012,808 


Total,  £15,514,847      £12,074,936 

British  Tankage  employed  in  this  Trade. 

Ton*. 

West  Indian  Colonies,  with  Great  Britain  and  Ireland,  253,187 

North  American  do.                            do.  419,421 

With  Asia,  111,659 

East  Indies,  with  Canton,  &c.  &c.  45,000 

Africa,  with  Great  Britain  and  Ireland,  46,039 

Gibraltar,  Mediterranean,  and  do  do.  21,540 

North  American  Colonies,  with  British  West  Indies,  91,000 

West  India  Colonies  with  Foreign  ports,  100,000 

North  American  Colonies — colony  with  colony,  187,3?  7 

Do,            do.                    to  Foreign  ports,  50,0t0 


Total,  1,325,839 
Colonics — Revenue  and  Expenditure. 

Income.  Expendilure. 

Slave  Colonies,                                                                    £060,705  £010,573 

North  American  Colonies,                                                        261,137  275,789 

Eastern  Colonies,                                                                    1,074,280  883,492 

Total,            £2,002,182  £1,769,854 

East  Indies. 

East  Indies,  1S27— 1828,                                                £22,851,424  £24,006,530 


240 


ANNUAL  REGISTER,  1830-31. 


are  placed  in  immediate  juxtapo- 
sition to  the  Itixurious  rich,  whose 
inexhaustible  wealth  seems  to 
have  been  provided  to  gratify  the 
wants  of  all,  and  they  are  kept  in 
subjection  only  by  laws  of  inexo- 
rable severity,  or  by  an  overpow- 
ering military  force. 

In  this  unequal  distribution  of 
riches  is  to  be  found  the  great 
secret  of  discontent  in  England ; 
and  this  discontent  is  directed 
against  the  government,  because 
one  of  the  chief  causes  of  this 
inequality  is  fairly  to  be  attributed 
to  the  constitution  and  adminis- 
tration of  the  government. 

Though  nominally  monarchical, 
it  is  essentially  aristocratic  in  its 
character;  and  for  many  years 
past  its  policy  both  foreign  and 
domestic  has  chiefly  aimed  to 
maintain  the  ascendancy  of  the 
Tory  party.  By  the  law  of  pro- 
mogenlture,  aided  by  the  practice 
of  entails,  large  fortunes  are  ac- 
cumulated in  the  hands  of  the 
representatives  of  noble  families, 
and  the  family  itself  is  enabled 
for  many  generations  to  preserve 
its  consideration  and  powder. 
Through  their  influence  in  the 
government,  (of  one  co-ordinate 
branch  of  which  they  have  exclu- 
sive possession,  and  almost  the 
entire  control  of  the  other,  by  vir- 
tue of  the  borough  system,)  they 
find  the  means  of  providing  for 
the  younger  members  of  their 
families  in  ttie  army,  navy,  church, 
or  in  the  home  diplomatic  or 
colonial  departments.  As  these 
persons  have  been  accustomed, 
from  childhood,  to  an  expensive 
style  of  living  (being  brought  up 
with  their  more  fortunate  elder 
brothers,  upon  whom  their  ances- 


tors' wealth  descends,)  it  is  ne- 
cessary that  the  provision  thus 
made  for  them  at  the  public  ex- 
pense should  be  large ;  and  hence 
arises  extravagance  in  official  sal- 
aries, and  a  profuse  expenditure 
of  public  money  in  jobs,  contracts, 
pensions  and  sinecures,  both  in 
the  government  and  church — 
which  present  a  more  open  mode 
of  effecting  the  same  object. 

The  history  of  the  peerage  is 
but  little  else  than  a  series  of  jobs 
and  contrivances  to  enrich  the 
few  at  the  expense  of  the  many. 
That  body  has  been  maintained 
in  its  splendor  by  places,  pensions, 
civil  employments,  government 
contracts  and  taxation.  How  suc- 
cessfully it  has  used  its  advan- 
tages in  appropriating  the  honors 
and  emoluments  of  the  govern- 
ment, may  be  gathered  from  the 
fact,  that  the  sinecure  employ- 
ments and  a  great  majority  of 
those  not  requiring  much  personal 
attention,  were  held  at  the  close 
of  the  Wellington  administration, 
by  the  relatives  and  connexions 
of  noble  families,  almost  to  the 
exclusion  of  the  rest  of  the  com- 
munity. In  the  church  this  rule 
prevailed  most  extensively — the 
3  archbishopricks,  10  bishopricks 
and  269  clerical  appointments, 
being  held  by  this  class.  In  the 
army,  44  general  officers,  85  col- 
onels, 45  lieut.  colonels,  29  ma- 
jors, 51  captains,  and  only  39 
subalterns  belong  to  the  same 
order.  To  the  navy,  they  fur- 
nished 32  admirals.  111  captains, 
15  commandants,  and  16  lieuten- 
ants. Whenever  labor  or  exer- 
tion was  required,  unless  most 
amply  compensated,  the  nobility 
were  not  to  be  found.     Notwith- 


EiNGLAND. 


241 


standing  the  great  number  of  high 
military  and  naval  appointments 
distributed  among  them,  they  fur- 
nished only  55  subalterns  ;  while 
in  the  artillery  and  marines, 
where  seniority  is  the  rule  of  pro- 
motion, scarcely  a  noble  member- 
was  to  be  found. 

All  the  lord  lieutenancies  of 
counties  were  held  by  peers,  and 
the  valuable  appointments  in  the 
gift  of  the  magistrates  appointed 
by  them,  and  the  jobs  at  their 
disposal,  furnished  another  fund 
to  augment  the  wealth  and  influ- 
ence of  the  same  class. 

The  inevitable  result  of  this 
system  was,  to  cause  an  unequal 
distribution  of  wealth  by  the  agen- 
cy of  the  government,  and  to  ac- 
cumulate property  and  political 
power  in  tho  hands  of  the  aris- 
tocracy. Any  dilapidation  in 
their  private  fortunes  was  made 
up  in  this  indirect  manner  from 
the  public  treasury;  while  the 
taxation  to  supply  this  expenditure 
continually  tended  to  impoverish 
the  rest  of  the  nation.  The  aug- 
mentation of  the  national  debt 
tended  to  the  same  result  and 
still  farther  increased  the  inequal- 
ity. Holding  a  large  share  of  the 
wealth  of  the  kingdom,  and  deep- 
ly interested  in  the  success  of  the 
government,  the  aristocracy  du- 
ring the  war  subscribed  freely  to 
the  government  loans  when  the 
public  stocks  were  depressed ; 
and  the  rise  of  these  securities 
upon  the  return  of  peace,  aug- 
mented the  wealth  of  a  class, 
which  was  already  too  powerful 
for  the  welfare  of  the  country. 

The  history  of  modern  Europe, 
or  rather  of  Christendom,  has 
taught  the  world,  that  no  govern- 
21* 


ment  is  so  stable  as  that  whose 
laws  promote  the  general  diffusion 
of  wealth  among  its  citizens,  and 
thus  enlist  their  interests  in  sus- 
taining a  system  which  ensures 
them  prosperity  and  happiness. 
Governments  established  upon 
opposite  maxims,  create  at  the 
outset  the  elements  of  discontent, 
and  where  this  inequality  is  in- 
creased by  the  operation  of  polit- 
ical institutions,  and  the  class  of 
abject  poor  is  augmented  from 
year  to  year,  the  materials  of  dis- 
content are  progressively  accumu- 
lated, until  they  become  too  pow- 
erful to  be  repressed.  Yet  al- 
though among  the  civilized  nations 
of  the  earth  is  to  be  found  no- 
where greater  inequality  in  the 
distribution  of  wealth  than  in 
England,  and  although  the  ele- 
ments of  discontent  are  abundant 
and  constantly  fermenting,  cir- 
cumstances exist,  which  hitherto 
have  prevented  them  from  pro- 
ducing a  general  explosion. 

The  wealth  of  the  country  is  so 
far  beyond  that  of  other  nations, 
that  although  unequally  diffused, 
it  suffices  to  enrich  a  large  por- 
tion of  the  community,  and  en- 
ables the  government  to  maintain 
^  powerful  force  competent  to 
retain  both  the  colonies  and  the 
domestic  operatives  in  subjection, 
if  not  in  tranquillity.  If  the  aris- 
tocracy has  possessed  itself  of  the 
political  power  of  the  kingdom, 
it  has  proved  not  altogether  un- 
worthy of  the  trust,  and  it  is  pow- 
erful in  its  numbers,  talent,  wealth, 
courage,  and  the  influence  which 
these  qualities  enable  it  to  exer- 
cise over  the  lower  classes.  It  is 
also  continually  strengthening  its 
ranks  by  raising  to  the  peerage 


242 


ANNUAL  REGISTER,  1830—31. 


most  of  the  public  men  who  have 
obtained  consideration  with  the 
nation,  either  by  civil  or  military- 
services.  In  this  manner  the  no- 
bihty  of  England  have  maintained 
their  hold  upon  public  opinion, 
and  have  been  permitted  to  exer- 
cise their  direct  and  constitutional 
powers  in  parliament,  long  after 
the  reasons  which  first  constituted 
them  into  a  branch  of  the  legisla- 
ture have  ceased  to  operate. 
Their  power,  however,  has  been 
more  efficiently  exerted  through 
the  House  of  Commons,  which,  as 
it  purports  to  be  a  representation 
of  the  people  of  England,  has 
preserved  a  more  substantial  in- 
fluence over  the  public  mind. 
Had  the  peers  of  the  realm  un- 
dertaken to  do  directly,  what  they 
have  habitually  done  through  their 
acquired  influence  over  the  lower 
house,  the  English  people  would 
long  since  have  curtailed  their 
privileges.  But  coming  with  the 
sanction  of  a  body,  which  they 
have  established  as  the  guardian 
of  the  public  treasury  and  which 
purports  to  be  elected  by  them- 
selves, the  measures  appear  to 
proceed  from  their  own  repre- 
sentatives, and  not  from  an  irre- 
sponsible aristocracy.  In  reality, 
however,  the  House  of  Commons 
has  been  for  more  than  a  century 
but  little  else  than  a  tribunal  to 
register  the  decrees  of  the  min- 
istry, or  of  the  leading.  Peers, 
whose  combinations  determine 
who  should  be  the  ministers. 

That  body  so  distinguished  in 
the  history  of  representative  gov- 
ernments, is  constituted  upon  what 
may  be  denominated  a  traditional 
or  historical  basis.  Its  members 
are  indeed  elected,  and  they  repre- 


sent, in  some  mstances,  counties ; 
in  others,  boroughs,  of  which 
some  are  populous,  and  others 
decayed ;  but  the  representation 
is  upon  no  setded  principle,  either 
of  population,  property,  or  taxa- 
tion, which  awards  a  fair  or  equal 
share  of  power  to  the  different 
classes  of  the  community,  or  to 
the  several  portions  of  the  empire. 

The  apportionment  between 
the  three  constituent  parts  of  the 
United  Kingdom  is  adjusted  by 
the  several  acts  of  union,  so  as  to 
secure  to  England  a  decided  pre- 
ponderance— so  far  beyond  her 
share,  as  to  be  sustainable  only 
upon  the  historical  basis. 

The  representation  of  England 
consists  of  82  members  sent  from 
40  counties,  and  407  members 
sent  by  204  boroughs :  that  of 
Wales,  of  12  members  represent- 
ing 12  counties,  and  12  members 
from  the  Welsh  boroughs :  that 
of  Scotland,  of  30  members  from 
the  counties,  and  15  members 
from  the  boroughs  :  that  of  Ire- 
land, of  64  members  from  32 
counties,  and  36  members  from 
34  boroughs.  The  whole  repre- 
sentation of  the  British  empire, 
therefore,  is  composed  of  188 
members  from  the  counties  or 
rural  districts,  and  470  from  bor- 
oughs or  town  constituencies.  Of 
this  latter  class,  however,  292 
are  nominees  of  the  owners  of 
boroughs,  independent  of  45 
members  from  Scotland,  and  164 
members  from  open  boroughs, 
many  of  whom  are  returned 
through  government  influence,  or 
by  direct  and  open  corruption. 

Of  these  292  nominees,  176 
are  the  nominees  of  89  Peers 
and  99  of  Commoners,  and  182 


ENGLAND. 


243 


represent  places  having  less  than 
100  electors  each.*  In  the  bor- 
oughs the  qualifications  of  elec- 
tors are  almost  as  various  as  the 
boroughs  are  numerous, — extend- 
ing in  some  places  to  all  the  in- 
habitants, and  restricted  in  others 
to  a  corporation  not  exceeding  a 
dozen  persons.*  Notwithstand- 
ing this  diversity,  the  Burgage 
tenure  was  the  most  ancient  spe- 
cies of  suffrage. 

In  very  early  times,  all  the 
burgesses,  who  held  houses  or 
land  within  their  town  or  borough, 
were  entided  to  vote.  On  the 
introduction  of  corporations,  it 
was  sometimes  granted  by  char- 
ters to  the  corporation  only,  or 
to  the  corporation  and  freemen, 
or  to  the  corporation,  freeman, 
and  inhabitants.  The  other  vari- 
ations are  the  result  of  usurpa- 
tions, for  a  long  time  submitted  to, 
until  no  proof  of  a  contrary  cus- 
tom could  be  established,  the  an- 
cient records  of  the  corporation 
having  been  lost.  But  the  most 
fruitful  source  of  anomaly  has 
been  the  contradictory  decisions 
of  committees  of  the  House  of 
Commons,  which  permits  no 
other  tribunal  to  interfere  with  its 
jurisdiction.  The  ministerial  par- 
ty of  the  day  decided  very  gen- 
erally in  favor  of  their  own  friends ; 
and  words  were,  in  reference  to 
different  places,  construed  accord- 
ing to  very  different  meanings, 
by  which  the  sufR*age  has  been 
narrowed  or  enlarged,  as  the  case 
of  the  party  whom  the'  minister 
was  pleased  to  support  happened 
to  require.     The  present  Lord 


*  Vide  Table  1,  at  the  end  of  this 
chapter. 


Grenville,  when  in  the  House  of 
Commons,  obtained  an  act  to 
render  the  last  decision  of  a  com- 
mittee of  the  House  final.  But 
though  that  statute  is  calculated 
to  prevent  a  profligate  appeal  to 
the  strength  of  a  party  in  the 
House,  yet  it  has  preserved  many 
unsound  decisions.  As  the  right 
of  sending  representatives  has 
been  for  some  centuries  regarded 
as  an  immunity,  it  has  been  re- 
stricted to  the  ancient  limits  of 
the  place  which  originally  enjoyed 
it.  These  limits  being  often  very 
narrow,  wealthy  individuals  have 
acquired  the  entire  real  property 
of  the  place,  and  where  the  suf- 
frage is  attached  to  burgage-holds 
have  easily  controlled  the  suffrage 
by  conferring  on  their  friends, 
relatives,  or  dependents,  the  right 
of  property  lor  the  period  of  elec- 
tion. In  other  instances,  the  right 
of  election  is  invested  by  charters, 
in  corporations,  self-elected— or 
in  burgesses  or  freemen  chosen 
by  these  self-elected  corporations. 
As  the  members  of  such  corpo- 
rations are  generally  tradesmen, 
they  are  easily  subdued  by  the 
influence  of  a  neighboring  peer 
or  wealthy  proprietor,  upon  whose 
support  they  depend.  Friends 
and  relatives,  in  some  cases  the 
persons  in  the  lowest  condition  of 
life,  and  even  menial  servants, 
have  been  elected  members  of 
such  corporations ;  and  these 
have  in  their  turn  elected  other 
creatures  of  their  patron  to  suc- 
ceed to  vacant  places.  There 
are  many  corporations  of  this 
kind,  which  appear  to  have  been 
instituted  merely  as  a  convenient 
machinery  by  which  the  elective 
interests  of  a   patron   might   be 


244 


ANNUAL  REGISTER,  1830—31. 


securely  managed;  the  greater 
number  of  their  members  resid- 
ing at  a  distance,  and  visiting  the 
place  merely  to  attend  elections. 
Where  the  right  is  vested  in  free- 
men chosen  by  these  corporations, 
the  case  is  very  little  altered ;  as 
the  freedom  is  seldom  conferred 
upon  any  individual  on  whose 
support  the  influential  party  can- 
not depend,  and  should  the  favor- 
ed persons  incline  to  change  their 
opinions,  a  host  of  freemen  are 
admitted,  on  the  spur  of  the  oc- 
casion, to  counterbalance  their 
numbers.  Where  the  right  of 
election  has  extended  beyond 
these  narrow  limits,  to  the  inhab- 
itants paying  scot  and  lot,  the 
right  of  persons  unfavorable  to 
the  influential  party  has  been  de- 
feated, by  omitting  to  rate  them 
to  pay  the  parish  taxes;  and 
friendly  magistrates  have  been 
found  to  sanction  the  omission, 
though  the  rejected  persons  form- 
ed the  most  wealthy  portion  of 
the  parish. 

The  returning  officer,  too, 
sometimes  undertakes  to  reject  or 
admit  votes  according  to  his 
pleasure,  and  often  without  con- 
descending to  assign  a  reason. 
In  some  instances,  the  farce  of  an 
election  is  gone  through,  without 
even  summoning  the  electors — 
the  whole  business  being  done  by 
the  Port  reeve  and  his  clerk. 

Notwithstanding  the  defects  of 
the  Close  Boroughs,  the  '  Open ' 
do  not  fall  short  of  them.  Mon- 
ey, expended  in  every  form  of 
bribery — in  treating,  in  buying 
freedoms,  in  idle  pageantry,  in 
the  fees  of  legal  agents,  in  the 
conveyance  of  voters  from  dis- 
tant homes,   and  in  maintaining 


them  whilst  from  home — form  the 
influence. 

There  are  some  places  which 
are  regularly  sold — juntos  of  indi- 
viduals possessing  great  local  in- 
fluence, acquired  by  means  such 
as  have  created  the  patrons  of  the 
close  boroughs.  The  price  of 
these  places  ranges  from  1,000/., 
for  the  remainder  of  a  short  Par- 
liament, to  4,000Z.  or  5,000Z.,  for 
a  whole  one.  These  sums  are 
distributed  among  the  voters  in 
smaller  sums  of  20/.,  10/.,  and 
even  21.,  according  to  the  num- 
ber of  the  voters.  In  cases  of 
contest,  from  which  such  bar- 
gains do  not  protect  the  candi- 
date, the  expenses  have  extended 
even  to  18,000/.  or  20,000/. 

The  English  counties,  with 
few  exceptions,  may  be  regarded 
as  open — the  smaller  freeholders 
being  too  numerous  to  be  con- 
trolled by  the  great  proprietors. 
As  the  expense  of  county  elec- 
tions precludes  the  idea  of  a  con- 
test, the  principal  families,  in  or- 
der to  preserve  a  friendly  under- 
standing among  themselves,  have 
usually  entered  into  a  comprom- 
ise, by  which  one  Whig  and  one 
Tory  member  are  returned. 

In  some  of  the  counties,  par- 
ticular noblemen  have  long  exer- 
cised a  powerful  influence  ;  as 
the  Duke  of  Devonshire  in  Der- 
by, the  Duke  of  Beaufort  in 
Monmouth  and  Gloucester,  the 
Earl  of  Derby  in  Lancaster,  and 
the  Earl  of  Lansdale  in  Cumber- 
land and  Westmoreland. 

With  the  exception  however, 
of  Westmoreland,  neither  of 
these  noblemen  could  carry  an 
election  in  defiance  of  the  inde- 
pendent freeholders,  and  their  in- 


ENGLAND. 


24l» 


fluence  is  maintained  chiefly  by 
the  absence  of  all  objection  to  the 
candidates  proposed  by  them. 

In  Scotland,  the  elective  fran- 
chise, is  upon  a  different  footing, 
and  the  constituency  is  peculiar 
to  that  country.  The  qualifica- 
tion of  a  county  elector  is  nomi- 
nally £400  of  rental,  according 
to  a  valuation  made*  two  centuries 
since,  and  it  is  confined  to  land 
alone.  According  to  the  Scotch 
law  however,  the  right  of  voting 
may  be  separated  from  the  es- 
tate, and  freeholders  are  thus  di- 
vided into  two  classes,  the  real 
or  landholder,  and  the  paper  or 
superior,  who  only  holds  the 
right  of  suffrage.  As  the  elector 
votes  solely  by  right  of  his  supe- 
riority, he  may  enjoy  that  right  at 
the  same  time  in  several  coun- 
ties^ and  thus  may  exercise  a  po- 
tential voice  in  sending  the  rep- 
resentatives from  several  counties 
without  owning  a  foot  of  land  in 
either. 

Through  this  right,  a  political 
influence  is  acquired,  which  the 
proverbial  shrewdness  of  the  na- 
tives of  this  part  of  the  empire 
has  taught  them  how  to  wield  to 
their  advantage,  and  superiorities 
have  become  mere  merchantable 
commodities,  bringing  from  £600 
to  c€1200  each,  according  to  the 
whole  number  of  electors  in  the 
county. 

The  borough  electors  are  com- 
posed in  general,  of  the  members 
of  the  merchant  council,  and  of 
the  traders  council ;  the  former 
of  which  is  self-elected,  and  the 
latter  consists  of  the  representa- 
tives of  the  different  craftsmen  of 
the  place,  who  choose  a  certain 
Dumber  of  names,  which  are  sub- 


mitted to  the  merchants  council, 
and  the  obnoxious  names  being 
stricken  out,  the  choice  of  the 
representatives  of  the  tradesmen 
is  made  from  the  residue.  The 
councils  being  thus  constituted, 
a  delegate  is  chosen  from  each 
borough,  who,  with  the  delegates 
from  the  other  boroughs  in  the 
same  district,  elect  a  member  of 
Parliament. 

A  large  borough  is  thus  placed 
on  an  equality  with  a  small  one, 
and  so  many  opportunities  are 
afforded  for  the  exercise  of  a 
corrupt  influence,  that  the  Scotch 
representation  has  been  for  many 
years  past,  the  property  of  the 
ministry,  which  maintains  its  in- 
fluence with  the  small  body  of 
constituents,  who  act  in  behalf  of 
the  people  of  Scotland,  by  a  lib- 
eral dispensation  of  patronage. 

The  whole  number  of  electors 
in  the  counties  and  boroughs  is 
estimated  at  3,000,  but  from  the 
nature  of  the  elective  franchise, 
it  is  obviously  difficult  to  form  a 
correct  estimate.  ' 

In  Ireland,  the  elective  franchise 
is  upon  a  better  footing  than  either 
in  England  or  Scotland.  The 
smaller  freeholders,  who  voted  for 
their  landlords  with  as  much  servil- 
ity as  the  most  dependent  burgh- 
ers in  England,  and  who  had  been 
disfranchised  by  the  Catholic 
emancipation  acts,  have  given 
place  to  a  more  independent  and 
more  intelligent  class  of  electors. 
The  representation  presents  a 
more  faithful  picture  of  the  pub- 
lic feeling,  than  that  of  eitheE  of 
her  sister  kingdoms ;  but  still 
the  ancient  influences  of  habitual 
attachment  to  particular  persons 
and  local  property,  preserve  their 


240 


ANNUAL  REGISTER,  1830—31. 


sway  in  certain  counties,  and 
more  time  is  required  to  fully  test 
the  policy  of  the  new  changes 
made  in  the  Irish  system  of  elec- 
tions. Such  is  the  mode  in  which 
the  House  of  Commons  is  com- 
posed, and  from  the  character  of 
the  electors  in  the  boroughs,  it  is 
obvious  that  it  is  no  difficult  mat- 
ter for  a  combination  of  men  in 
the  position  of  the  English  Peers, 
to  obtain  the  control  of  that  body. 
It  is  equally  clear,  that  from  its 
power  as  a  co-ordinate  branch  of 
the  government,  powerfully  influ- 
encing public  opinion  and  holding 
the  purse  strings  of  the  nation,  it 
will  amply  repay  any  expenditure 
which  secures  a  majority  of  the 
house. 

All  the  interests  connected 
with,  or  requiring  the  aid  or 
countenance  of  the  government, 
seek  to  be  represented  in  the 
lower  house.  Among  these  in- 
terests, the  Peerage  stands  pre- 
eminent, and  that  body,  either 
by  the  nominees  of  Peers  owning 
boroughs,  or  by  their  relatives  and 
connexions,  representing  coun- 
ties, is  represented  by  more  than 
one  half  of  the  House.  The  next 
prominent  interest  to  that  of  the 
Peerage,  with  which,  however,  it 
is  intimately  connected,  is  the 
JEast  India  interest. 

This  representation  is  not  of 
the  natives  of  India,  nor  of  the 
English  residents  in  Calcutta  or 
its  dependencies;  but  merely  of 
the  India  Company  and  the  prin- 
cipal proprietors.  In  the  House 
chosen  upon  the  death  of  George 
the  4th,  there  were  no  less  than 
61  members,  who  were  directly 
interested  in  the  Company  :  i.  e. 
Ten  Directors  returned  from  8 


boroughs,  and  one  Scotch  county 
and  51  proprietors, — 28  of  whom 
were  returned  from  proprietary 
boroughs.  These  members  pos- 
sessed 100  votes  at  the  India 
house,  estimated  to  be  worth 
£2,200  each,  and  the  directors 
were  enabled  by  the  annual  ap- 
pointments in  their  gift,  to  bring 
a  patronage  of  the  enormous 
amount  of  £250,000  per  annum 
to  bear  upon  the  votes  of  the 
house,  independent  of  the  local 
patronage  of  the  India  house  and 
that  arising  from  the  contracts 
made  under  their  direction.  Be- 
sides these,  there  were  15  mem- 
bers, who  were  retired  servants 
of  the  Company, — 6  of  whom  en- 
joyed pensions  of  more  than 
£1,000  each. 

The  East  India  Company, 
must  not,  however,  be  regarded 
as  entirely  independent  of,  and  as 
acdng  only  upon  the  government. 
It  is  connected  with  the  govern- 
ment, and  like  that  is  used  for  the 
benefit  of  the  Peerage.  Seven- 
teen of  the  Peers  possess  thirty- 
one  votes  at  the  India  house,  and 
three  of  these  noble  proprietors 
control  8  votes  in  the  House  of 
Commons. 

The  East  India  interests  al- 
though for  some  purposes,  dis- 
tinct, consequently  forms  part  of 
the  great  political  machinery  of 
the  government,  and  its  patronage 
is  often  effectually  used  to  influ- 
ence the  House,  for  purposes  en- 
tirely distinct  from  company  in- 
terests. In  its  own  employments 
and  revenues,  it  presents  objects 
equally  tempting  to  any  combina- 
tion seeking  power  or  patronage, 
and  by  a  sort  of  moral  affinity, 
the  Tory  and  the  India  interests 


ENGLAND. 


247 


have  joined  their  forces  in  de- 
fending existing  abuses.  Tiieir 
objects  are  similar,  and  in  gene- 
ral the  government  and  the  com- 
pany have  gone  on  together  har- 
moniously, mutually  sustaining 
and  corrupting  each  other. 

The  attempt  made  by  Mr. 
Fox  to  separate  the  Company 
patronage  from  the  government, 
threw  the  Tory  lords  into  a  parox- 
ysm of  terror.  They  saw  one  of 
the  chief  sources  of  power  and 
influence  departing  from  their 
party,  and  as  a  necessary  conse- 
quence, the  future  predominance 
of  the  Whig  interest.  To  pre- 
vent the  passage  of  the  act 
brought  in  by  him,  the  personal 
opinions  of  the  King  were  invok- 
ed, as  a  last  resource  in  the 
House  of  Lords,  to  control  their 
deliberations,  and  by  a  disgrace- 
ful intrigue,  the  honest  but  nar- 
row prejudices  of  George  3d 
were  so  far  excited,  as  to  cause 
an  entire  alienation  of  his  confi- 
dence from  the  great  Whig  Min- 
ister. 

Their  influence  with  the  last 
Tory  administration,  was  seen  in 
the  nomination  of  the  Select 
Committee  appointed  by  the 
House  of  Commons  in  the  reign 
of  the  late  King,  to  enquire  into 
the  state  of  the  Company's  affairs 
with  a  view  to  the  removal  of  the 
charter.  In  that  Committee, 
there  were  3  directors,  7  propri- 
etors, and  2  servants  of  the  Com- 
pany, two  West  India  proprietors, 
and  8  members  of  the  administra- 
tion, all  directly  interested  in  ex- 
tending the  monopoly. 

The  West  India  interest,  al- 
though less  powerful,  is  still  influ- 
ential, and  the   colonial  appoint- 


ments in  the  gift  of  the  govern- 
ment, furnish  another  fund  of  of- 
ficial patronage.  This  interest 
controlled  about  34  votes  in  the 
same  House  of  Commons  ;  but 
these  members  represented  the 
colonies  only,  so  far  as  their  in- 
terests were  connected  with  those 
of  the  West  India  proprietors. 
Other  interests,  such  as  the  Bank 
of  England  and  the  Church,  are 
also  represented  in  the  House  of 
Commons,  and  when  closely  in- 
vestigated, it  will  be  found,  that 
although  these  interests  sometimes 
clash,  they  are  finally  brought  to 
act  together,  and  when  united, 
they  furnish  a  fund  of  government 
patronage,  in  comparison  with 
which,  the  sources  of  corruption 
at  the  disposal  of  republican  or 
imperial  Rome,  shrink  into  insig- 
nificance. 

What  effect  this  patronage  has 
upon  the  House  of  Commons, 
may  be  gathered  from  the  fact, 
that  the  members  of  the  first 
house,  elected  under  the  present 
King,  enjoyed  either  in  their  own 
persons,  or  through  their  near 
connexions,  places  and  pensions 
to  the  amount  of  <f  470,000,  or 
upwards  of  $2,000,000  per  an- 
num, and  that  for  a  long  series  of 
years,  the  daily  increasing  pat- 
ronage of  the  government  and  of 
the  East  India  Company,  and  the 
jobs  and  lucrative  contracts  and 
employments,  which  the  expendi- 
ture and  public  business  of  the 
British  Empire  placed  at  the  dis- 
posal of  the  Tory  party,  were 
openly  used  to  control  the  delib- 
erations and  the  votes  of  the  pop- 
ular branch  of  the  Imperial  Par- 
liament. By  these  means,  the 
government  of  Great  Britain  has 


24S 


ANNUAL  REGISTER,  1830—31. 


been  rendered  merely  aristocrat- 
ic ;  and  the  resources  of  her  col- 
onies, and  the  industry  of  her  own 
people  have  been  so  heavily  tax- 
ed, to  sustain  the  splendor  of  a 
luxuriant  and  indolent  nobility. 

The  effects  of  this  constitution 
of  the  government  upon  the  pub- 
lic expenditure,  and  upon  the  for- 
eign and  domestic  policy  of  the 
kingdom  may  be  seen  in  its  enor- 
mous national  debt ;  and  its  in- 
separable concomitant  high  taxa- 
tion, in  the  increase  of  places, 
pensions  and  sinecures;  in  the 
large  salaries  paid  to  all  employ- 
ed by  the  government  at  home  or 
abroad ;  in  the  long  and  expen- 
sive wars  waged  to  preserve  the 
balance  of  power  in  Europe  and 
to  extend  the  colonial  empire  of 
England,  in  India  and  America ; 
in  the  magnificent  public  estab- 
lishments provided  for  her  worn 
out  soldiers  and  sailors,  and  in  a 
system  of  poor  laws,  which  pre- 
fers to  maintain  a  sixth  part  of 
the  population  as  paupers,  rather 
than  to  facilitate  a  distribution  of 
property,  which  would  indeed  di- 
minish the  power  of  the  aristoc- 
racy, but  only  to  afford  addi- 
tional employment  to  the  idle 
poor.  They  may  be  seen  in  the 
gorgeous  splendor  of  her  nobility, 
and  in  the  destitution  of  her  peas- 
antry ;  in  her  extensive  commerce 
with  her  colonial  possessions, 
whose  productions  are  destined 
to  swell  the  wealth  and  pamper 
the  pride  of  the  mother  country, 
and  in  the  impoverishing  those 
colonies,  and  the  prostration  of 
their  best  and  permanent  interests 
through  misgovernment.  In  short 
they  may  be  discovered  in  every 
department  of  the  government,  in 


all  portions  of  her  dominions,  and 
to  the  operation  of  this  system, 
may  be  attributed  much  of  what 
is  the  boast,  and  nearly  all  which 
ought  to  be  the  shame  of  Eng- 
land. 

By  it  the  Catholics  of  Ireland 
have  been  compelled  to  maintain 
at  an  annual  expense  of  £1,785,- 
000,  a  Protestant  Church  for  the 
benefit  of  the  few  who  have  ap- 
propriated its  pluralities  and  its 
sinecures ;  and  the  natives  of  In- 
dia have  been  ground  into  the 
dust  to  swell  the  dividends  of  a 
commercial  company,  whose  sole 
claim  to  the  produce  of  their  la- 
bor is  founded  upon  successful 
war.  The  grievous  abuses  re- 
sulting from  the  manner  in  which 
political  power  is  vested  and  ad- 
ministered in  England,  are  so 
numerous  that  it  is  scarcely  pos- 
sible that  even  the  belief  of  the 
participation  of  the  people  in  the 
government,  through  the  House 
of  Commons,  or  the  wealth  and 
influence  of  the  aristocracy,  or 
the  military  force,  at  the  com- 
mand of  the  ministry,  or  even  all 
combined,  could  have  prevented 
a  violent  attempt  to  remedy  them, 
had  parties  been  so  divided,  that 
the  aristocracy  were  as  united  in 
sustaining  these  abuses,  as  the 
mass  of  the  nation  were  in  oppo- 
sition to  them.  Such  a  division 
would  soon  have  presented  a  de- 
cisive issue,  and  the  fatal  contest 
could  not  have  been  averted.  For- 
tunately, however,  for  the  aristo- 
cracy, there  were  many  in  that 
class,  w^ho  were  opposed  upon 
principle,  to  a  continuance  of  these 
abuses,  and  who  wisely  sought  to 
preserve  a  portion  of  their  privi- 
leges by  abolishing  some  of  the 


ENGLAND. 


240 


most  obnoxious.  Seeking  a  re- 
form of  tlie  government  with  as 
much  anxiety,  as  the  more  radi- 
cal reformers,  their  rank  and  sta- 
tion in  society  enabled  them  to 
take  the  lead  in  the  reforming 
party,  and  to  direct  its  efforts  to 
effecting  a  constitutional,  instead 
of  a  violent  reform  of  the  politi- 
cal institutions  of  the  country.  In 
the  same  class  of  moderate  re- 
formers, may  be  ranked  the 
wealthymanufacturers,  merchants, 
and  bankers,  who  seek  a  direct, 
instead  of  an  indirect  representa- 
tion in  the  government.  To  all 
these  persons,  who  may  be 
regarded  as  the  leaders  of  the  re- 
forming party,  a  revolution  attend- 
ed with  violence  would  be  equally 
unwelcome  as  to  the  Tory  par- 
ty. Their  movements  are  direct- 
ed to  effect  a  peaceable  refor- 
mation, and  wherever  the  ele- 
ments of  discontent  have  exploded 
in  violence,  as  in  the  combinations 
for  higher  wages  in  the  mining  and 
manufacturing  districts,  in  the  in- 
cendiary conspiracies,  in  the  agri- 
cultural counties,  orin  the  anti-union 
movements  in  Ireland,  the  ring- 
leaders have  been  surrendered  to 
the  vengeance  of  the  laws  without 
any  interference  on  the  part  of  the 
Whigs.  But  in  all  agitations  to 
intimidate  the  aristocracy,  so  long 
as  the  violence  is  not  likely  to  over- 
power the  public  authorities,  and 
to  ensure  the  triumph  of  the  mob, 
both  divisions  of  the  reformers — 
the  Radicals  and  the  Whigs — 
move  on  harmoniously;  and  great 
changes  must  be  effected  in  the 
political  system  of  England,  be- 
fore such  discrepency  can  arise 
in  their  views,  as  to  place  them 
in  opposition  to  each  other. 
22 


With  all  their  combined  efforts' 
however,  they  were  doomed  to 
experience  constant  defeat  during 
the  long  reign  of  George  the  od, 
and  during  the  greater  part  of  that 
of  his  successor.  Every  attempt 
seemed  to  place  the  objects  of 
their  wishes  at  a  more  unattaina- 
ble distance. 

Catholic  emancipation,  reform 
in  the  House  of  Commons,  re- 
trenchment in  the  public  expend- 
iture, diminution  of  the  taxes, 
of  tithes  and  of  poor  rates,  were 
still  the  objects  of  deferred  hope ; 
and  the  deep  but  not  unobserved 
current  of  popular  discontent,  was 
fast  setting  against  the  govern- 
ment itself. 

The  first  concession  to  public 
opinion  was  Catholic  emancipa- 
tion, and  this  was  accompanied 
widi  the  ungracious  remark,  that 
it  was  made,  not  because  it  was 
right,  but  because  it  was  necessa- 
ry and  expedient.  The  right  to 
worship  God  according  to  the 
dictates  of  conscience — a  right, 
personal,  private,  and  unalienable, 
was  conceded  to  public  opinion, 
after  a  severe  contest,  and  after 
it  had  caused  the  overthrow  of 
more  than  one  administration,  in 
order,  as  the  ministry  avowed  in 
Parliament,  to  avert  a  civil  war  ! 
This  concession  was  fatal  to  the 
supremacy  of  the  Tory  party. 
It  admitted  the  existence  of  a 
power  in  the  state,  stronger  than 
the  physical  force  of  the  govern- 
ment, and  it  made  the  further  and 
more  fatal  admission,  that  power 
was  opposed  to  the  existing  sys- 
tem. 

Public  opinion  now  acquired 
an  acknowledged  existence,  and 
the  Duke  of  Wellington  found 


250 


ANNUAL  REGISTER,  1830—31. 


that  neither  the  laurels  won  at 
Waterloo,  nor  his  own  energetic 
character  could  sustain  his  ad- 
ministration, when  he  first  ventur- 
ed to  disregard  the  demands  of 
the  new  power,  he  had  invoked 
inio  the  councils  of  the  nation. 
The  people  of  England  were  as 
unanimous  for  reform,  as  the  peo- 
ple of  Ireland  had  bsen  for  Cath- 
olic emancipation,  and  his  decla- 
ration against  the  expediency  of 
any  alteration  in  the  Constitution 
of  the  House  of  Commons,  by 
depriving  him  of  the  support  of 
the  moderate  Whigs,  left  him  in 
a  minority  in  Parliament,  and 
compelled  him  to  intimate  to  the 
King,  that  he  could  no  longer 
administer  the  government. 

It  must  not,  however,  be  imag- 
ined, that  a  different  course 
would  have  ensured  his  continu- 
ance in  power.  A  denial  of  the 
claims  of  the  Catholics,  would 
only  have  precipitated  the  crisis, 
and  have  brought  on  a  revolution, 
violent  and  bloody  in  its  com- 
mencement, and  aggravated  in  its 
course  by  bigotry  and  fanaticism. 
The  truth  was,  that  the  political 
system  of  England  had  reached 
that  point,  where  reform  either 
constitutional  or  revolutionary  had 
become  absolutely  necessary ;  and 
the  only  question  was,  whether 
the  reform  should  be  effected 
under  the  auspices  of  a  Whig  or 
a  Tory  administration. 

The  declaration  of  the  Duke 
of  Wellington  having  incapacitat- 
ed him  for  that  office,  a  ministry 
composed  of  the  leading  Whigs 
with  Lord  Grey  at  its  head,  was 
accordingly  formed,  and  came 
into  power,  pledged  to  a  reform 
in  the  House  of  Commons,  re- 


trenchment in  the  public  expend- 
iture; and  non-interference  with 
the  internal  affairs  of  foreign 
powers. 

The  position  of  the  new  cabi- 
net was  not,  however,  unattended 
with  difficulties. 

While  on  the  one  hand,  the 
condition  of  the  public  finances 
forbid  England's  entering  into  a 
crusade  for  the  Hberties  of  Eu- 
rope ;  there  were  on  the  other, 
considerations  of  an  urgent  char- 
acter, against  a  too  close  adher- 
ence to  the  insular  policy  adopt- 
ed by  the  Tory  administration.' 
The  movemeiiits  in  Poland  afford- 
ed a  most  favorable  opportunity 
to  check  the  encroachments  of 
Russia,  and  to  estabhsh  a  king- 
dom that  should  serve  as  a  bul- 
wark to  modern  Europe  against 
an  irruption  of  the  barbarians  of 
the  North.  The  popular  feeling 
not  merely  of  England,  but  of 
the  civilized  world,  was  warmly 
enlisted  in  behalf  of  the  Poles  ; 
France  could  scarcely  be  re- 
strained from  taking  up  arms  in 
their  favor  ;  the  treaty  of  Vienna 
to  which  they  were  all  parties, 
had  guarantied  the  separate  exist- 
ence of  Poland  and  afforded  suf- 
ficient grounds  for  their  interfer- 
ence, and  strong  considerations 
of  policy  growing  out  of  the  state 
of  public  feeling,  the  necessity  of 
providing  employment  for  the  su- 
perabundant population  of  the 
country,  and  of  effectually  check- 
ing the  growing  ambition  of  Rus- 
sia, all  dictated  the  propriety  of 
interfering  promptly  and  decided- 
ly in  behalf  of  this  gallant  people. 
No  addition,  however,  was  likely 
to  be  gained  to  the  colonial  pos- 
sessions of  England,  in  such   a 


ENGLAND. 


251 


controversy.  Poland  was  with- 
out ports,  and  Lord  Grey  found 
more  congenial  employment  in 
providing  lor  a  pensioner  of  the 
British  government,  by  placing 
him  on  the  throne  of  Belgium, 
and  in  chastising  the  insolence  of 
the  petty  despot  of  Portugal,  than 
in  an  extraordinary  exercise  of 
the  power  of  England,  which 
would  have  made  her  the  arbiter 
of  the  destinies  of  Europe,  re- 
stored the  balance  of  power  in  the 
North,  and  placed  his  administra- 
tion on  an  immoveable  basis  in 
the  public  mind. 

The  occasion  was  permitted  to 
pass  by  unimproved.  England 
and  France  both  contented  them- 
selves with  ineffectual  remon- 
strances and  intercessions,  and 
Russia  profiting  as  much  by  their 
neutrality  now,  as  by  their  active 
assistance  at  Navarino,  incorpo- 
rated Poland  as  a  part  of  her  em- 
pire, and  waited  until  a  conjunc- 
tion of  favorable  circumstances 
might  enable  her  to  award  the 
same  fate  to  Turkey. 

The  conduct  of  Portugal,  how- 
ever, afforded  an  opportunity  for 
the  display  of  more  energy  which 
was  warmly  embraced.  The 
revolting  cruelties  and  oppressions 
practised  by  Don  Miguel,  against 
those  in  his  dominions  who  were 
suspected  of  holding  liberal  opin- 
ions, had  not  been  confined  to  his 
own  subjects.  The  English  resi- 
dents had  rendered  themselves 
particularly  obnoxious,  and  his 
conduct  towards  them  had  been 
so  insulting  and  oppressive,  that 
their  government  determined  to 
demand  satisfaction.  A  fleet  was 
accordingly  despatched  to  the 
Tagus  in  the  month  of  April,  for 


the  purpose  of  enacting  redress, 
and  Don  Miguel,  not  being  in  a 
condition  to  make  resistance,  sub- 
mitted to  the  terms  prescribed  by 
the  British  admiral.     These  con- 
sisted in  the  dismissal  of  certain 
civil  and  military   officers,    who 
had  been   complained  of  by  the 
English  residents,   the  dismissal 
of  the  judge  conservate  of  Opor- 
to, and  the   recognition   of  one 
elected  by  the  British  merchants 
in  that  city,  a  compensation  and 
apology  to    an  English  traveller 
for  interrupting  him  on  his  jour- 
ney and  compelling  him  to  return 
toBadajos,to  obtain  a  Portuguese 
signature  to   his  passport,  and    a 
compensation  of  20,000  reis  ])er 
diem  for  the  detention  in  prison 
of  a  person  in  the  employ  of  an 
English  ropemaker,  and  full  satis- 
faction of  the  claims  of  British 
subjects  for  certain  exactions  of 
the  Portuguese  authorities.    This 
rigid  enforcement  of  the  rights-of 
Englishmen  when  abroad,  was  in 
the  highest  degree  honorable  to 
the    Grey    administration,     and 
showed  a  determination  to  extend 
the  protection  of  the  government 
to  its  subjects,  however  unwilling 
they  might  be   to  hazard  a  war 
for  principles  and  interests,  which 
though   important   in   a   national 
point  of  view,  were  perhaps  re- 
garded as  more  remote.     Their 
conduct  In   this  matter  affords  a 
good  example  for  the  government 
of  the  United  States,  which  it  is 
to  be  presumed,  will  not  be  lost 
sight  of,    in    case  any    question 
should  hereafter  arise  in  relation 
to  the  unauthorised  detention  or 
ill  usage  of  the  citizens  of  this 
Republic,  by  the  civil,  military  or 
naval  officers  of  any  other  nation. 


252 


ANNUAL  REGISTER,  1S3C— 31. 


The  chief  causes  of  embarrass- 
ment to  the  new  administration, 
however,  were  to  be  found  at 
home.  The  long  pending  con- 
troversy respecting  the  emanci- 
pation of  the  negroes  in  the  West 
India  colonies,  had  now  arrived  at 
that  point  when  it  became  neces- 
sary for  the  government  to  take 
measures  to  carry  its  policy  into 
effect ;  or  so  to  modify  it  as  to 
render  it  more  acceptable  to  the 
planters.  The  w^ishes  and  orders 
of  the  secretary  of  the  colonial 
department  had  been  promulgated 
in  vain ;  the  resolutions  of  Par- 
liament had  produced  no  other 
effect,  than  that  of  alienating  the 
colonists  from  the  mother  coun- 
try, and  affairs  were  brought  to 
that  crisis;  that  while  the  British 
government  on  the  one  hand,  in- 
sisted on  the  colonial  legislatures 
taking  steps  to  meliorate  the  con- 
dition of  the  slaves,  with  a  view 
to  their  ultimate  emancipation; 
they  on  their  part,  wholly  refused 
to  adopt  such  steps,  but  insisted 
that  they  could  only  result  in 
destroying,  their  property,  and  in 
periling  their  hves,  w^ithout  the 
least  tendency  to  improve  the 
situation  of  the  blacks.  The  res- 
ponsibility of  finally  deciding  this 
important  question,  was  thus  im- 
posed upon  the  Grey  administra- 
tion, and  so  surrounded  with  dif- 
ficuhies  was  it,  that  it  demanded 
their  best  faculties  and  most  pro- 
found deliberation,  to  reconcile 
the  demands  of  justice  and  the 
expectations  of  the  British  nation, 
with  what  was  due  to  the  safety 
of  the  planters  and  to  the  vested 
rights  obtained  under  laws  sanc- 
tioned for  a  long  series  of  years 
by  the  government. 


After  some  deliberation,  the 
ministry  announced  its  determin- 
ation to  carry  the  system  of 
emancipation  into  full  effect ;  not 
suddenly,  but  with  caution  and 
with  due  attention  to  the  educa- 
tion of  the  negroes,  so  as  to  pre- 
pare them  for  the  enjoyment  of 
freedom.  The  details  of  the  sys- 
tem to  be  adopted,  as  whether 
compensation  is  to  be  made  for 
the  slaves,  and  in  what  mode  they 
are  to  be  raised  from  their  pres- 
ent dependent  and  unenlightened 
state,  to  the  condition  of  free 
agents,  were  not  set  forth;  and 
with  the  exception  of  the  declar- 
ations of  the  ministry,  of  its  ad- 
herence to  the  policy  of  emanci- 
pation; and  those  of  the  colonists, 
of  their  unabated  opposition  to 
the  whole  scheme,  the  subject 
remained  in  the  same  state  as 
when  the  Whigs  came  into  pow- 
er. 

Another  question  requiring 
their  immediate  attention,  was 
concerning  the  renewal  of  the 
charter  of  the  East  India  Com- 
pany. The  time  for  the  expira- 
tion of  the  present  charter  was 
fixed  in  1834,  but  the  company 
was  entitled  to  three  years  notice 
in  case  it  was  not  to  be  renewed. 

As  a  matter  of  form,  the  notice 
was  given  by  order  of  the  House 
of  Commons  on  motion  of  Mr. 
Grant,  and  the  great  and  impor- 
tant question  whether,  the  indus- 
try of  Great  Britain  and  India  is 
to  be  prevented  from  a  free  inter- 
change of  the  productions  of  the 
respective  countries,  to  gratify  the 
cupidity  of  the  directors  and  pro- 
prietors of  the  East  India  Compa- 
ny, is  probable  to  be  decided 
under  the  auspices  of  a  Whig  ad- 


ENGLAND. 


253 


ministration.  A  strong  feeling 
has  long  prevailed  throughout  the 
kingdom  against  the  monopoly, 
and  it  may  reasonably  be  pre- 
sumed, that  no  Parliament  repre- 
senting the  opinions  of  the  Eng- 
lish people,  will  consent  to  a  re- 
newal of  the  charter  of  a  compa- 
ny which  has  brought  disgrace 
upon  the  British  name  by  the 
misery  and  ruin  that  its  oppres- 
sion and  cupidity  have  inflicted 
upon  India. 

Ireland,  too,  that  stumbling 
block  to  English  statesmen,  was 
most  urgent  in  its  claims  upon  the 
attention  of  the  new  cabinet. 

The  misgovernment  of  that  un- 
happy country,  had  exasperated 
the  misejy  of  the  lower  classes 
to  that  degree,  that  they  seemed 
about  to  seek  relief  in  anarchy. 
The  union  with  England  was  at- 
tended with  two  evils,  which,  by 
them  at  least,  were  deemed  more 
than  an  equivalent  for  its  advan- 
tages : — i.  e.,  the  fixing  upon  Ire- 
land a  church  establishment,  not 
consonant  to  the  feelings  of  the 
country,  and  the  removal  of  the 
government,  and  of  the  great 
landholders  to  the  metropolis  of 
the  empire.  By  the  absence  of 
the  landlords,  the  tenants  were 
exposed  to  all  the  exactions  of 
the  middle  men,  and  a  subdivision 
of  landed  property  was  ultimate- 
ly effected,  which  placed  it  in  the 
hands  of  mere  laborers  without 
capital,  and  barely  able  to  obtain 
from  their  small  patches  of 
ground,  a  scanty  subsistence  for 
their  families.  The  island  thus 
became  overpopulated,  until  the 
landlords  perceiving  at  length  the 
evil,  with  the  view  of  obtaining  a 
more  substantial  class  of  tenants, 
22* 


undertook  »to  abolish  subletting, 
and  divided  their  estates  into 
farms  of  moderate  extent.  A 
crowd  of  impoverished  colters 
were  thus  ejected  from  their 
hovels,  to  exasperate  the  discon- 
tent of  the  country.  No  employ- 
ment was  provided  by  the  gov- 
ernment, and  the  monopoly  by 
England  of  the  commerce  and 
manufactures  of  tlie  united  em- 
pire, left  them  no  resource  but 
emigration — a  resource  of  which, 
many  from  want  of  means,  were 
unable  to  avail  themselves.  Be- 
sides the  advantages,  v4iich  the 
superior  capital  of  England  gave 
to  that  part  of  the  empire,  it  en- 
joyed those  flowing  from  the  ex- 
penditure of  the  Irish  absentees, 
who  were  computed  to  draw  from 
Ireland  £3,000,000  yearly  for 
the  maintainance  of  themselves 
and  their  families  at  a  distance 
from  their  estates.  A  still  larger 
sum  (viz.,  4,000,000,)  was  con- 
tributed by  Ireland  in  the  shape 
of  taxes,  towards  the  national 
revenue,  which  was  mostly  ex- 
pended out  of  that  island.  The 
great  naval  depots,  the  public 
establishments,  the  government 
were  all  in  England,  and  while 
in  that  island,  there  were  2,400 
miles  of  canal,  and  400  miles  of 
rail-road;  there  w^ere  but  400 
miles  of  canal  in  her  less  favored 
sister  island. 

Another  drawback  on  the  pros- 
perity of  Ireland,  was  to  be  found 
in  the  established  church,  and 
which  was  maintained  at  an  an- 
nual expense  of  £1,785,000,  of 
which  £780,000  were  derived 
from  tithes.  It  was  not,  however, 
so  much  of  the  amount  of  this 
contribution  (large  as  it  was)  that 


254 


ANNUAL  REGISTER,  1830—31. 


the  Irish  complained,  as  of  the 
oppressive   manner   in   which   it 
was  collected  by  the  proctors  to 
whom  the  tithes  were  formed,  and 
whose  fees  and  expenses  often 
quadrupled    the    amount   of  the 
original  tithe.     The  injustice  of 
making   a   population   of   which 
five-sixths   were    Catholics   sup- 
port a  Protestant  church,  exas- 
perated the  minds  of  the  poorer 
classes,  and  at  the  same  time  that 
by  the  abuses  of  the  system  they 
were  stripped  of  the  last  farthing. 
In  the  southern  and  western  coun- 
ties the  inhabitants  are  nearly  all 
Catholic — in  many  of  the  coun- 
ties  being  in  the  proportion   of 
twenty  to  one  Protestant,  and  in 
some  parishes  where  the  church 
exactions  amount  from  d£600  to 
£1000,    the    whole    number   of 
Protestants  belonging  to  the  par- 
ish does  not  exceed  a  dozen.    As 
the  hearers  are  few,  the  cares  of 
the  preacher  are  small,  and  sine- 
cures and  pleuralities  thus  form  a 
peculiar  characteristic  of  the  Irish 
church.    In  no  country  in  modern 
Christendom  are  the  ecclesiastical 
abuses  and  burdens  greater  than 
in  Ireland,  and  in  no  country  is 
there  less  ability  to  endure  them. 
These  combined  causes  had  pro- 
duced a  state  of  distress  and  dis- 
content there,  which  was  continu- 
ally demanding  relief  at  the  hands 
of  the  government.     In  the  vain 
expectation  that  the   concession 
would  be  sufficient,  the  late  ad- 
ministration had  granted  Catholic 
emancipation.      This,    however, 
produced   no   alleviation   of  the 
evils   afflicting   Ireland.      It   re- 
moved a  strong  and  substantial 
ground  of  complaint, — a  cause  of 
excitement,  that  in  itself  might 


have  produced  and  would  have 
justified  a  revolution  ;  but  it  left 
untouched  the  great  causes  of  dis- 
content,— the  poverty  and  igno- 
rance of  the  lower  classes  ; — no 
employment  was  provided  by 
government ;  no  new  manufac- 
ture established  by  capitalists  ; — 
the  process  of  consolidating  the 
small  patches  of  the  cotters  into 
substantial  farms  continued  to  go 
on  : — the  abuses  of  the  tithe  sys- 
tem were  not  reformed  ; — the 
absentees  remained  abroad,  and 
the  government  expended  the 
public  revenue,  as  it  had  always 
done,  in  England  and  not  in  Ire- 
land. No  sooner,  therefore,  were 
the  disabling  acts  repealed,  than 
the  great  political  agitator  (O'Con- 
nell)  commenced  an  attack  upon 
the  union  between  the  two  coun- 
tries. To  those  whose  view  only 
grasped  the  present  moment,  it 
was  easy  to  represent  the  union 
as  the  great  cause  of  distress, 
and,  unfortunately  for  the  har- 
mony of  the  empire,  there  were 
too  many  proofs  of  the  unfavora- 
ble influence  of  the  policy  of 
England  upon  the  prosperity  of 
Ireland. 

The  dissolution  of  the  union, 
accordingly,  soon  became  a  popu- 
lar topic,  and  large  meetings  were 
held  in  various  counties  to  urge 
the  subject  upon  the  favorable 
consideration  of  Parliament. 

After  travelling  through  Ire- 
land, to  rouse  the  country  to  ex- 
ert itself  in  favor  of  a  repeal  of 
the  union,  O'Connell  made  his 
public  entry  into  Dublin,  in  the 
latter  part  of  December,  1830, 
and  was  received  with  an  enthu- 
siasm which  indicated  the  popular 
feeling    to    be    with    him,  and 


ENGLAND. 


255 


afforded  a  striking  proof  of  the  op- 
pressive and  short-sighted  policy 
of  the  British  government  towards 
Ireland.  The  trades  of  the  me- 
tropolis to  the  number  of  50,000 
marshalled  under  banners,  met 
him  at  his  entrance,  and  accom- 
panied him  to  his  residence  with 
every  demonstration  of  respect; 
and  after  an  address  from  him 
against  the  union,  separated  in 
the  most  orderly  manner. 

In  the  country,  too,  a  strong 
excitement  prevailed,  and  the 
lower  classes  and  a  majority  of 
t^e  middling  classes  everywhere, 
except  in  Ulster,  were  warmly  in 
favor  of  a  dissolution  of  the  con- 
nexion with  England. 

On  the  other  hand,  the  nobility, 
the  land  proprietors,  the  more  im- 
portant mercantile  interests,  and 
the  members  of  the  learned  pro- 
fessions were  as  strongly  opposed 
to  it ;  and  the  people  of  England 
of  all  parties  were  equally  hostile 
to  the  dissolution  of  a  connexion 
which  they  had  found  both  con- 
venient and  profitable,  and  which 
they  deemed  highly  important  to 
their  domestic  tranquillity. 

The  movements  of  Mr.  O'Con- 
nell  were  accordingly  vigorously 
opposed  by  the  government ;  all 
meetings  in  favor  of  a  repeal  of 
the  union  were  prohibited  as  se- 
ditious, and  the  magistrates  of  the 
several  counties  were  enjoined  to 
disperse  all  such  assemblies.  A 
warfare  somewhat  ludicrous  now 
commenced  between  Mr.  O'Con- 
nell  and  the  Irish  government — 
the  former  proposing  from  time 
to  time  new  associations  and  meet- 
ings in  the  place  of  those  pro- 
hibited, until  the  contest  was 
finally  brought  to  a  close  by  the 


arrest  of  the  agitator  and  four  of 
his  chief  coadjutors.  Legal  pro- 
ceedings were  then  commenced, 
and  the  difficulty  was  finally  ad- 
justed by  a  compromise — Mr. 
O'Connell  pleading  guilty  to  the 
informations  filed  against  him,  and 
the  government  directing  the 
judgment  to  be  suspended. 

The  agitation  on  this  subject 
was  thus  checked,  and  indeed  the 
absorbing  interest  felt  by  all 
classes  in  Ireland,  as  well  as  in 
England,  for  the  fate  of  the  re- 
form bill,  (which  had  now  come 
before  Parliament,)  rendered  it 
impracticable  to  keep  alive  any 
minor  excitement. 

The  distress  which  was  at  the 
bottom  of  this  excitement,  how- 
ever, augmented  rather  than  di- 
minished, until  it  prevailed  so  as 
to  resemble  more  a  visitation  of 
Providence,  than  any  result  of 
the  misgovernment  of  man.  In 
some  of  the  more  populous  dis- 
tricts of  the  island,  the  most  ap- 
palling pictures  of  famine  were 
presented  by  the  starving  peas- 
antry. In  Dublin  itself,  6000 
persons  were  found  in  one  parish 
consisting  of  25,000,  in  a  state  of 
actual  want,  and  in  many  houses 
full  grown  children  were  found 
huddled  together  in  corners  of 
rooips,  in  order  to  preserve  the 
warmth  of  their  naked  bodies. 
In  the  counties  of  Donegal,  Sligo, 
and  Galway,  more  than  100,000 
persons  were  estimated  to  be  in 
a  state  of  starvation  and  destitute 
of  every  necessary  of  life.  The 
people  on  the  sea  coast  were 
obliged  to  resort  to  sea-weed  to 
eke  out  their  scanty  subsistence, 
and  in  the  mountains  the"*most 
unwholesome  food   was   eagerly 


256 


ANNUAL  REGISTER,  1830— 3J. 


devoured  by  the  famished  peas- 
ants. These  horrors  were  be- 
}ond  the  power  of  human  en- 
durance, and  pestilence,  kindly 
sent  to  abridge  the  term  of  their 
sufferings,  at  length  afforded  some 
relief  to  the  densely  populated  and 
misgoverned  districts  of  the  west 
of  Ireland. 

Private  charity  was  aroused 
by  this  unprecedented  suffering, 
and  subscriptions  exceeding  fifty 
thousand  pounds,  testified  the 
sympathy  of  the  British  nation  in 
the  distress  of  their  Irish  brethren. 
The  government  also  undertook 
to  give  employment  to  a  portion 
of  the  poorer  classes  on  public 
roads  laid  out  with  that  view. 
The  hand  of  private  charity  and 
of  official  bounty,  however,  were 
both  vainly  exerted  to  relieve 
evils  so  deeply  seated  and  so 
widely  difiused.  When  want 
and,  famine  afflict  a  nation,  and  it 
cannot  be  attributed  to  barrenness 
of  soil  nor  capricious  skies,  there 
must  be  something  inherently 
wrong  in  the  constitution  of  so- 
ciety. Private  charity  and  pub- 
lic bounty  can  only  administer 
temporary  relief;  and  an  effectual 
remedy  can  alone  be  found  in  a 
policy  which  shall  impart  a  fresh 
stimulus  to  industry,  open  untried 
channels  of  commerce,  establish 
new  manufactures,  and  animate 
the  industry  of  the  country  to 
unwonted  exertion. 

The  temporary  relief  was  here 
given,  and  it  was  intimated,  that 
the  condition  of  Ireland  would  re- 
ceive the  deliberate  attention  of 
the  government;  but  no  steps 
were  taken  to  remove  the  causes 
of  distress,  and  the  half  starved 
peasantry  in  some  parts  of  the 


country,  weary  of  hoping  relief 
from  their  superiors,  undertook 
to  obtain  it  for  themselves  in  their 
own  way.  Extensive  combina- 
tions were  formed  in  the  counties 
of  Clare,  Limerick,  Galway,  and 
Roscommon,  to  compel  the  land- 
holders to  let  their  lands  upon 
such  terms  as  the  members  of  the 
association  should  deem  equitable. 
These  terms  were  transmitted  to 
the  landlord,  in  an  illiterate  note 
with  the  signature  of  Terry  Aks ; 
and  woe  to  him  who  refused 
obedience  to  the  arbitrary  man- 
dates of  this  irresponsible  dicta- 
tor. His  walls  and  fences  were 
levelled  to  the  ground,  his  pas- 
tures turned  up  by  the  spade,  his 
cattle  hunted  to  death,  his  land- 
marks and  out-houses  destroyed, 
and  his  life  saved  from  these  con- 
spirators only  by  seeking  refuge 
in  the  cities.  No  peasant  dared 
to  work  for  the  landlord  de- 
nounced by  this  mysterious  per- 
sonage, who  exercised  a  worse 
than  oriental  despotism  over  all 
the  land  proprietors,  that  did  not 
fly  beyond  the  reach  of  his  power. 

The  government  exerted  itself 
to  put  an  end  to  this  system  of 
organised  robbery  and  murder, 
and  several  hundred  persons  were 
arrested  and  put  on  trial  before 
a  special  commission  issued  for 
the  disorganised  counties  ;  but 
the  evil,  although  checked,  w^as 
beyond  the  reach  of  any  cure, 
except  one  which  should  appor- 
tion to  the  laboring  classes  such 
share  of  the  productions  of  their 
industry  as  would  suffice  for  their 
maintalnance. 

While  the  ignorant  and  mis- 
guided peasantry  in  those  coun- 
ties were  seeking  to  remedy  the 


ENGLAND. 


257 


evils  of  absenteism,  and  subletting 
by  such  desperate  courses,  a 
more  moderate  and  extensive 
combination  was  produced  by 
the  exactions  of  the  estabh'shed 
church,  that  nearly  effected  an 
abolition  of  the  system  of  tithes, 
and  compelled  the  clergy  them- 
selves to  solicit  the  interposition 
of  Parliament.  Driven  almost  to 
madness  by  the  oppressive  de- 
mands of  the  church,  the  peas- 
antry, upon  the  recommendation 
of  the  Catholic  priests,  refused  to 
pay  the  tithes,  and  although  no 
resistance  was  offered  to  the  po- 
lice or  to  the  proctor,  when  they 
came  to  enforce  the  parson's 
claims,  yet  they  found  the  whole 
country  combined  to  thwart  the 
ecclesiastical  process.  Notice 
was  given  to  remove  the  cattle  on 
which  they  intended  to  levy. 
Even  when  siezed  and  put  up  for 
sale,  they  attracted  no  bidders. 
The  fatal  word  tithes,  branded  on 
their  hides,  indicated,  that  they 
were  destined  for  the  service  of 
the  church  and  the  laity,  seemed 
to  regard  it  as  sacrilege  to  inter- 
rupt them  in  their  destination. 
When  bought  in  on  account  of 
the  tithe  farmer,  or  the  parson, 
no  person  would  give  them  food 
or  shelter ;  and  after  they  had 
been  with  great  difficulty  trans- 
ported to  England,  it  was  ascer- 
tained that  the  enormities  of  the 
Irish  church  were  known  there, 
and  that  the  English  farmers  and 
butchers  would  not  buy  catde  that 
had  been  wrested  from  the  Irish 
peasant,  to  maintain  a  luxurious 
and  indolent  clergy.  This  com- 
bination extended  through  the 
counties  of  Kilkenny,  Queens, 
Wicklow,  Kings,  Wexford,  Tip- 


perary,  Longford,and  Westmeath, 
and  such  was  its  power,  it  virtual- 
ly subverted,  for  the  moment,  the 
Irish  church  establishment,  and 
compelled  the  clergy  to  bring  the 
whole  subject  to  the  notice  of  the 
government. 

The  discontent  of  the  laboring 
classes  in  England,  although  not 
carried  to  the  same  extent  as  in 
Ireland,  was  not  less  alarming  as 
indicating  a  feeling  hostile  to  law 
and  order,  and  subversive  of  the 
whole  principle  of  property.  The 
incendiaries  who  last  year  filled 
the  agricultural  counties  with 
dismay,  still  continued,  though 
not  to  the  same  extent,  their  nefa- 
rious warfare  upon  the  property 
and  tranquillity  of  their  more  opu- 
lent neighbors  ;  and  in  the  mining 
and  manufacturing  districts,  the 
laborers  endeavored  to  regulate 
the  rate  of  wages,  and  sought  to 
obtain  by  violence  and  riot  a  high- 
er reward  for  their  labor.  T'his 
discontent,  though  highly  danger- 
ous to  the  peace  of  the  country, 
was  not  so  unacceptable  to  the 
better  class  of  farmers  in  some  of 
the  counties,  as  would  have  been 
universally  supposed.  They  seem- 
ed conscious  that  the  complaints 
of  the  inadequacy  of  wages  were 
far  from  being  unfounded,  and 
they  attributed  to  the  tithes  and 
the  exactions  of  the  church,  their 
inability  to  give  a  more  adequate 
compensation. 

In  some  places  they  refused  to 
be  sworn  as  special  constables  to 
repress  the  rioters,  except  upon 
condition,  that  the  curate  would 
remit  a  portion  of  his  tithes ;  and 
the  hostility  to  the  national 
ecclesiastical  establishment  began 
daily  to  assume  a  more  consistent 


258 


ANNUAL  REGISTER,  1830-31. 


and  important  character.  Peti- 
tions were  sent  into  Parliament 
from  all  parts  of  the  kingdom, 
praying  a  remission  of  tithes,  and 
asking  government  to  resume  the 
possession  of  the  church  property, 
and  so  lo  regulate  it  as  to  ren- 
der it  more  useful  to  the  interests 
of  religion,  and  to  the  welfare  of 
the  community. 

More  than  one  half  of  the  na- 
tion were  dissenters,  and  they 
naturally  regarded  their  contribu- 
tions to  the  established  church  as 
exacted  in  violation  of  the  rights 
of  conscience  ;  while  the  amount 
of  the  exactions,  and  the  mode  of 
payment  conduced  to  render  the 
system  generally  unpopular,  and 
to  enhance  the  burdens  of  the 
country. 

Upon  the  meeting  of  Parlia- 
ment in  February,  1831,  Lord 
King,  who  appeared  to  be  a  lead- 
ing reformer  of  the  ecclesiastical 
.establishment,  called  the  attention 
of  the  House  of  Peers  to  the  sub- 
ject of  church  property,  and  inti- 
mated, that  he  agreed  entirely 
with  the  petitioners  iii  consider- 
ing the  church  establishment  as  a 
creature  of  the  state,  which  might 
be  remunerated  in  any  way  most 
condusive  to  the  public  service. 
Its  property,  therefore,  was  pub- 
lic property,  and  the  government 
might  not  only  direct  how  it  should 
be  applied,  but  might  remuner- 
ate the  church  functionaries  in 
any  other  mode,  and  give  a  dif- 
ferent destination  to  the  property 
now  appropriated  to  its  use. 

This  intimation  called  up  the 
Bishop  of  Lincoln  in  defence  of 
the  rights  of  the  church,  whose 
property  he  contended  was  given 
lo  it,  not  by  the  government,  but 


by  pious  individuals,  anxious  to 
secure  the  residence  af  a  cler- 
gyman on  their  respective  estates. 
The  public  never  gave  it,  and 
had  no  control  over  it.  Never- 
theless, he  felt  desirous  to  make 
the  collection  of  tithes  more  con- 
formable to  the  public  sentiment, 
and  he  would  cordially  join  in  any 
plan  to  effect  that  object. 

This  important  question,  as 
well  as  those  connected  with  the 
East  and  West  Indies  and  with 
Ireland,  were  for  the  time  post- 
poned for  the  purpose  of  effecting 
a  reform  in  the  House  of  Com- 
mons,— a  question  necessarily 
precedent  to  the  others.  To  a 
general  reform  in  the  administra- 
tion^ as  the  government,  the  whig 
party  was  pledged,  and  it  was  ob- 
vious, that  no  efficient  reform  in 
all  the  departments  of  the  public 
service  could  be  carried  through 
the  House  of  Commons  as  it  was 
then  constituted.  Convincing 
proof  was  given  of  the  disinclina- 
tion of  the  House  to  any  such  re- 
form, even  during  the  short  period 
intervening  between  the  meet- 
ing of  Parliament  in  February, 
and  the  introduction  of  the  reform 
bill  by  Lord  John  Russell.  At  the 
commencement  of  the  session, 
the  ministers  declared  that  such 
a  bill  would  be  introduced  as  soon 
as  its  details  could  be  adjusted. 
In  the  mean  time  it  brought  be- 
fore the  House,  its  plans  of  finan- 
cial reform,  and  on  die  second 
day  of  the  Session,  the  subject  of 
the  civil  list  was  moved  by  the 
Chancellor  of  the  Exchequer. 

The  civil  list,  although  an  an- 
nual allowance  to  the  King, granted 
upon  his  coming  to  the  throne 
comprehends  many  items  of  ex- 


ENGLAND. 


259 


penditure,  not  connected  with  the 
dignity  of  the  crown,  nor  with  the 
personal  comfort  of  the  monarch. 
The  late  ministry  had  proposed, 
shortly  after  the  accession  of  Wil- 
liam  the  4th,  to  grant  £970,000 
per  annum  for  the  civil  list,  with- 
out any  alteration  in  the  branches 
of  expenses  belonging  to  it.     As 
among  these  were  comprehended 
the   salaries   of    the    diplomatic 
corps,  and  of  various  high  civil 
officers,  the  new  cabinet  proposed 
to  relieve  the  civil  list  from  those 
expenses,    and    to     place    them 
among  the  other  expenses  of  the 
government,  subject  to  the  con- 
trol and    supervision   of    Parlia- 
ment.    This   would  relieve   the 
king  from  an  annual  disbursement 
of  £460,000,    and    confine    the 
civil    list    to    objects    connected 
either    with   the  dignity    of  the 
crown,  or  the  maintainance  of  the 
royal  family. 

For  these  objects,  it  was  pro- 
posed to  grant  £510,000  annual- 
ly during  the  life  of  the  King, 
and  to  divide  it  into  5,  instead  of 
1 0  classes  of  expenditure,  as  for- 
merly. 

For  the  first  of  these,  contain- 
ing the  privy  purse  of  the  King, 
and  the  allowance  to  the  Queen, 
a  grant  of  £60,000  for  the  form- 
er and  £50,000  for  the  latter, 
was  proposed :  for  the  second, 
containing  the  salaries  of  the 
household  officers,  £130,300; 
for  the  third,  being  the  expenses 
of  the  household,  £161,500;  for 
the  fourth,  being  the  royal  chari- 
ties and  bounties,  £234,000; 
and  for  the  fifth,  being  pensions 
chargeable  on  the  civil  list,  £75,- 
000.  In  this  last  class,  which 
comprehended    what   were   for- 


merly denominated  the  English, 
Scotch  and  Irish  pension  bills,  a 
i-eduction  was  proposed  from  the 
amount  asked  by  the  late  minis- 
try of  £69,000.  An  increase, 
however,  was  made  in  the  house- 
hold expenses,  in  consequence 
of  the  King's  being  married,  so 
that  altogether,  the  actual  reduc- 
tion amounted  only  to  £20,000. 
Some  disappointment  was  felt  at 
the  small  amount  of  the  sum  re- 
duced ;  but  the  decided  reform 
in  the  mode  of  administering  the 
diplomatic  fund,  and  the  other 
expenditures  removed  from  the 
civil  list,  in  some  measure  recon- 
ciled the  public  mind  to  the  dis- 
appointment. A  few  days  after- 
wards on  the  11th  of  February, 
the  budget  for  1831,  was  opened 
by  Lord  Althorpe.  The  relief 
to  the  public,  proposed  by  the 
new  cabinet,  consisted  in  the  abo- 
lition of  certain  places  and  in  the 
reduction  of  taxes.  The  places 
to  be  abolished  were  as  follows : 

Vice-Treasurer  of  Ireland         .         .      1 
Lieutenant- General  of  the  Ordnance     1 
Clerk  of  Delivery  ditto  .1 

Auditor  of  the  Civil  List  .         •     1 

Treasurer  of  the  Military  College  1 

Ditto        Military  Asylum  I 

Resident  Surveyor  ...  1 
King's  Stationer,  Ireland  .  .  1 
Clerks  of  Privy  Seal  ...  4 
Commissioners  of  Victualling        .        2 

Ditto         Navy  .         .         2 

Superintendent  of  Transport  .         1 

Paymaster  of  Marines  .         .         1 

Officers  of  Dockyards  .        .      78 

Husband  of  4  1-2  per  cent.  Duties  1 
Inspector  of  Stamps,  Manchester  1 

Receiver- General,  Scotland  .         1 

Receivers-General,  England  .       40 

Commissioners  of  Sufferers'  Claims 

at  St.  Domingo  ...        1 

Paymaster  of  American,  &c.  officers  1 
Unenumerated  ....  186 
Total  ...  273 
The  taxes  to  be  reduced  or  removed  were 
Tobacco,  reduction  of  50  per  cent. 
Newspapers,  stamp-paper,  duty  reduced 
to  2d. 


260 


ANNUAL  REGISTER,   1S30— 31. 


Newspaper  advertisements,  duty  reduced 
to  Is.  for  advertisements  of  less  than 
10,  and  25.  6d.  for  such  as  are  of  more 
than  10  lines. 

Coals  and  slate,  tax  abolished. 

Printed  cottons,  tax  abolished. 

Glass,  tax  abolished. 

Sales  of  land  by  auction,  and  miscella- 
nies, in  all  263  articles,  taxes  abolished . 

The  whole  amount  of  the  re- 
lief to  the  public  on  these  various 
items,  was  estimated  at  4,160,- 
000/.;  ,of  loss  to  the  revenue, 
3,200,000/.  The  loss,  Lord 
Althorpe,  proposed  to  make  up 
by  an  equalization  of  the  duties 
on  wines,  which  he  would  change 
from  75.  Sd.  for  French,  45.  10^. 
for  Peninsular,  and  2s.  3d.  for 
Cape,  to  55.  6d. ;  by  an  addition 
to  the  timber-duty,  by  which  that 
on  the  load  of  European  timber 
will  be  raised  to  505.,  and  on  the 
load  of  Canadian,  to  205. ;  a  new 
duty  of  id.  per  lb.  on  raw  cotton 
imported,  with  a  drawback  of 
equal  amount ;  a  tax  on  steam- 
boat passengers,  where  the  dis- 
tance does  not  exceed  20  miles, 
l5.,  from  20  to  30,  25.,  above  30 
miles,  25.  6 J. ;  IO5.  per  cent,  on 
the  actual  sale  of  landed  proper- 
ty, and  IO5.  per  cent,  on  the  ac- 
tual transfer  of  funded  property. 
The  whole  calculated  amount  of 
those  new  taxes  was  2,740,000/. 


vvine 
Timber 

600,000 

Raw  Cotton 

500,000 

Coals  exported     . 

100,000 

Steamboats 

100,000 

Transfers 

.      1,200,000 

Lord  Althorpe  said  that  his  first 
object  was  to  relieve  the  laboring 
classes,  and  he  did  not  think  this 
object  could  be  accomplished  so 
well  by  a  reduction  of  taxes  on  ar- 
ticles consumed  by  them,  as  their 
condition  prevented  the  use  of 
many  taxable  articles.     He  pre- 


fered,  therefore,  to  effect  the  re- 
ductions upon  articles  of  manu- 
facture in  more  general  use  ;  from 
the  increased  consumption  of 
which  they  would  derive  more 
employment.  This  principle  had 
led  him  to  adopt  the  tax  on  fund- 
ed property.  It  would  be  object- 
ed by  the  monied  interest,  that 
the  proposed  measure  was  a  vio- 
lation of  the  public  faith.  He 
did  not  regard  it  in  that  light,  and 
he  saw  no  reason  why  that  spe- 
cies of  property  should  be  less 
free  from  taxation  than  land.  It 
might  be  said  that  it  was  only  a 
beginning  ;  but  the  fact  that  land 
was  similarly  taxed  was  some 
security  against  the  extension  of 
it.  He  did  not  propose  to  tax 
the  transfer  of  stock  when  it  was 
only  a  security  for  a  loan  of  mon- 
ey, as  that  would  have  been  a 
source  of  great  inconvenience  to 
the  commercial  world. 

Lord  Althorpe  concluded  with 
the  following  general  view  of  the 
whole  subject. 

The  income  for  the  year  1830 
was  £50,060,000.  If  from  this 
sum  were  deducted  the  loss  by 
the  taxes  off  in  1830,  which 
amounted  to  £2,910,000,  the  in- 
come left  for  the  present  year 
would  be  £47,150,000.  Now  he 
found  that  owing  to  the  increased 
consumption  which  had  been  cre- 
ated of  several  articles  by  the  re- 
duction of  the  taxes  upon  them, 
there  was  an  arrear  due  to  the 
Excise  of  £580,000  at  the  begin- 
ning of  this  year,  more  than  there 
was  at  the  commencement  of  the 
last.  He  might,  therefore,  reckon 
upon  that  sum  as  part  of  the  in- 
creased revenue  for  the  year,  and 
it   was    £47,730;000.     He   de- 


ENGLAND. 


261 


ducted  from  this  sum  the  taxes 
which  he  had  taken  oif,  and 
which  he  estimated  at  £3,190,- 
000 ;  and  this  left  £44,540,000, 
for  the  revenue  of  the  year.  He 
added  to  this  sum  £2,740,000,  for 
the  amount  of  the  new  taxes 
which  were  to  he  imposed ;  and 
that  raised  the  income  to  £47,- 
280,000,  Deducting  from  this 
sum  the  estimated  expenditure 
for  the  year,  which  he  had  before 
shown  would  be  £46,850,000, 
it  would  leave  a  clear  surplus  of 
£430,000.  These  were  the  pro- 
positions which  he  intended  to 
submit  to  the  consideration  of  the 
House. 

This  statement  was  received 
with  apparent  satisfaction  by  the 
House ;  but  in  the  debate  that 
ensued,  many  parts  of  the  plan 
were  objected  to,  particularly  the 
tax  upon  transfers,  which  was 
stigmatised  as  a  breach  of  faith 
with  the  public  creditor,  and  a 
violation  of  acts  of  Parliament 
authorising  the  loans,  which  were 
said  to  protect  this  species  of  pro- 
perty against  all  taxes  or  deduc- 
tions. It  was  said  to  be  as  im- 
politic as  it  was  unjust,  and  that 
it  would  drive  the  larger  capital- 
ists to  invest  their  property  in 
foreign  funds. 

The  impost  scheme  was  also 
warmly  attacked,  but  the  discus- 
sion of  the  details  was  postponed 
to  a  future  day. 

It  was  soon  perceived  by  the 
ministers,  that  they  could  not  de- 
pend on  the  House  of  Commons 
to  sustain  their  financial  arrange- 
ments, and  with  the  view  of 
reconciling  the  monied  interest, 
it  was  determined  to  withdraw 
the  proposed  tax  on  transfers. 
23 


This  was  accordingly  done  on 
the  15th  of  February,  by  Lord 
Althorpe,  who  stated  at  the  same 
lime,  that  he  was  not  convinced 
of  the  injustice  or  impolicy  of  the 
tax,  but  that  he  yielded  to  the 
opinions  expressed  in  the  House. 

As  this  tax  was  estimated  to 
produce  £1,200,000,  its  widi- 
drawal  so  much  straitened  the 
ways  and  means  of  the  Exche- 
quer, that  Lord  Althorpe  said  he 
V70uld  be  compelled  to  retain  the 
taxes  on  glass  and  tobacco  as  an 
equivalent  for  that  withdrawn. 

The  administration  was  thus 
completely  foiled  in  its  attempt 
to  effect  any  reform  in  the  public 
finances.  It  had  done  compara- 
tively nothing,  and  the  Whig 
ministry  seemed  to  be  fast  losing 
that  hold  upon  the  public  mind, 
which  had  forced  it  into  power 
against  the  wishes  of  the  aris- 
tocracy, and  unaided  by  the  opin- 
ion or  the  will  of  the  king,  who 
was  merely  the  passive  instru- 
ment of  the  dominant  party  in 
the  state.  Without  some  decisive 
step  towards  realizing  the  wishes 
ot!  the  nation,  this  cabinet  must 
soon  have  shared  the  fate  of  all 
previous  Whig  administrations, 
and  by  its  ephemeral  existence 
afforded  a  new  proof  of  the  im- 
practicability of  administering  the 
British  government,  as  then  con- 
stituted upon  patriotic  principles. 
The  difliculty  of  preserving  a 
majority  in  the  House  of  Com- 
mons elected  under  the  auspices 
of  a  Tory  administration,  was 
constantly  felt  in  every  step  of 
the  government,  and  with  the 
view  of  putting  an  end  to  this  fac- 
titious influence  over  the  popular 
representation  in  Parliament,  and 


262 


ANNUAL  REGISTER,  JS30— :i!. 


10  enable  the  ministry  to  realize 
the  pledges  given  upon  its  coming 
into  office,  Lord  John  Russell 
was  deputed  to  bring  in  a  bill  for 
the  reform  of  the  House  of  Com- 
mons. This  measure,  which  may 
justly  be  regarded  as  the  corner- 
stone of  relorm,  was  brought  for- 
ward in  the  House  on  the  1  st  of 
March. 

Lord  Russell  commenced  by 
observing,  that  the  bill  which  he 
was  about  to  propose  had  been 
framed  by  the  Premier,  (Lord 
Grey,)  and  approved  of  by  the 
rest  of  the  cabinet.  In  proposing 
this  plan,  the  ministry  had  no 
intention  to  shake  the  settled  insti- 
tutions of  the  country ;  but  they 
desired  to  propose  such  a  reform, 
which,  while  it  might  not  be  satis- 
factory to  the  bigoted,  who  op- 
posed all  reform,  nor  to  the  fanat- 
ical, who  asked  only  for  a  partic- 
ular species  of  reform,  would  be 
entirely  so  to  the  nation  at  large, 
and  could  not  fail  of  being  salu- 
tary to  the  state.    ^ 

This  plan  sought  to  effect  three 
objects:  1st.  To  reform  the 
representation  from  the  nominee 
boroughs;  2d.  To  remedy  the 
defects  in  the  mode  of  electing 
members  from  the  close  boroughs ; 
3d.  To  diminish  the  expense  of 
elections.  As  a  remedy  to  the 
first  evil,  Lord  Russell  proposed 
to  disfranchise  the  following  bor- 
oughs, each  having  less  than 
2000  inhabitants,  being  60  in 
number,  and  represented  by  119 
members. 

Aldborough,  (York) Bishop's  Castle, 
Aldborough,  (Suf-   Bletchingly, 

folk)  Boroughbridge, 

Appleby,  Bossiney, 

Bedwin,  Brackley, 

Beeralston,  Bramber, 


Buckingham, 
Callington, 
Cameltbrd, 
Castle  Raising, 
Corfe  Castle, 
Dunwich, 
Kye, 
Fowey, 
Gatton, 
Haslemere, 
Hedon, 
Ileytesbury, 
Higham  Ferrers, 
Hindon, 
llchester, 
Looe,  (East) 
Looe,  (West) 
Lostwithiel, 
Ludgershali, 
Mahnesbury, 
Midhurst, 
Mil  borne  Port, 
Mineliead, 
Newport,    (Corn- 
^  wall) 

Newton,  (Lanca- 
shire) 


Newton,     (Isle    of 

Wiglit) 
Okehampton, 
Or  ford, 
Petersfield, 
Plyrapton, 
Queensborough, 
Pveigate, 
Ilomney, 
St.  Mawe's, 
St.  Michael's, 

(Cornwall) 
Saltash, 
Sarum,  (Old) 
Seaford, 
Steyning, 
Stockbridge, 
Tregony, 
Wareham, 
Wendover, 
Weobly, 
Whitchurch, 
Winchelsea, 
Woodstock, 
Wootton  Bassett. 
Yarmouth,   (Isle  of 

Wight) 


To  reduce  the  representation 
of  Weymouth  and  Malcombe 
Regis  from  four  to  two  members, 
and  the  following  boroughs,  each 
having  less  than  4000  inhabitants, 
from  two  members  to  one. 

Amershara, 

Arundel, 

Ashburton, 

Bodmin, 

Bridport, 

Chippenham, 

Clitheroe, 

Cockermouth, 

Dorchester, 

Downton, 

Druitwich, 

Evesham, 

Grimsby, 

Grinstead,  (East) 

Guildford, 

Helston, 

Honiton, 

Huntingdon, 

Hythe, 

Launceston, 


Maldon, 

Marlborough, 

Marlow, 

Morpeth, 

Northallerton, 

Penryn, 

Richmond, 

Rye, 

St.  Gerraains, 

St.  Ives, 

Sandwich, 

Sudbury, 

Shaftesbury, 

Tam  worth, 

Thetford, 

Thirsk, 

Totness, 

Truro, 

Wallingford, 

Westbury, 

Wilton, 

Wycombe, 

Weymouth, 


Jueommsier, 
Liskeard, 
Lyme  Regis, 
Lymington, 

This  reduction  in  the  repre- 
sentation of  the  boroughs  would 
take    167    members    from    the 


ENGLAND. 


263 


House,  Tind  it  was  not  the  inten- 
tion of  the  government  to  fill  up 
the  whole  number  reduced,  as 
the  House  was  at  present  incon- 
veniently large.  In  the  place  of 
the  167  reduced,  Lord  Russell 
said,  he  should  propose  106  new 
members  to  be  distributed  in  the 
following  manner.  Yorkshire  to 
send  four  additional  members, 
and  the  following  counties  each 
two  additional  members. 

Cliester,  Northumberland, 

Cornwall,  Norfolk, 

Cumberland,  Nottingham, 

Derby,  Shropshire, 

Devon,  Somerset, 

Durham,  Southamptoo, 

Essex,  Stafford, 

Gloucester,  Suffolk, 

Kent,  Surry, 

Lancaster,  Sussex, 

Leicester,  Warwick, 

Lincoln,  Wilts, 

Northampton,  Worcester. 

The  Isle  of  Wight  to  send  one 

member ;  each  of  the  following 

towns  to  send  two  members. 

Manchester,  Wolverhampton, 

Birminjrham,  Devonport, 

Halifax^  Sheffield, 

Leeds,  Sunderland. 
Greenwich, 

The  following  towns  to  return 
one  member  each. 

Brighton,  Whitehaven, 

Blackburn,  Dudley, 

Macclesfield,  Tynemouth, 

South  Shiekb,  Cheltenham. 

Warrlnirton,  Bradford,  (Wilts) 

Huddersfield,  Frome, 

Gateshead,  Wakefield, 

Kendal,  Kidderminster, 

Bolton,  Walsall. 
Stockport, 

The  following  London  districts 
to  return  two  each. 

Tower  Hamlets,       Finsbury, 
Marylebone,  Lambeth. 

The  town  of  Portsmouth  was 
to  be  added  to  the  borough  of 
Portsea,  the  town  of  Rochester 
to  Chatham  and  Strand,  and  the 


town  of  Kingston-upon-HuU  to 
Sculcoates,  forming  three  dis- 
tricts of  two  members  each. 

In  Wales  a  new  borough,  send- 
ing one  member,  was  to  be 
created,  consisting  of  Swansea, 
Loughame,  Neath,  Aberavon,  and 
Then  Fig,  and  several  adjacent 
towns  were  to  be  added  to,  and 
to  be  represented  with  the  other 
Welsh  boroughs. 

These,  together  with  the  ad- 
ditional representatives  given  to 
the  English  counties  and  the  new 
boroughs,  would  add  9S  repre- 
sentatives to  the  House  in  the 
place  of  those  from  the  reduced 
and  disfranchised  boroughs.  It 
was  also  proposed  to  add  5  for 
Scotland,  and  3  for  Ireland,  viz. 
one  member  from  Belfast,  Lim- 
erick, and  Waterford,  making  the 
whole  number  of  the  House  596 
instead  of  653. 

To  put  a  stop  to  the  abuses 
in  the  elections  in  the  close  bor- 
oughs, and  to  ultimately  bring 
them  all  to  one  uniform  mode. 
Lord  Russell  proposed,  that  all 
inhabitant  householders  occupy- 
ing for  six  months  houses  of  the 
yearly  value  of  £10  or  upwards, 
should  be  admitted  to  the  elective 
franchise,  and  that  all  now  en- 
joying the  right  should  continue 
to  exercise  it  during  their  lives. 

He  also  proposed  to  limit  the 
elections  in  the  towns  to  two  days, 
and  to  three  days  in  the  country 
— ^to  have  lists  of  the  voters  pre- 
pared yearly  by  the  returning 
officers  of  the  boroughs,  and  by 
the  parish  overseers  and  church 
wards  in  the  counties,  which  were 
to  be  published  and  to  be  sub- 
jected to  question  only  in  the 
House  of  Commons.    Polls  were 


264 


ANNUAL  REGISTER,  1830—31. 


directed  ta  be  opened  in  various 
towns,  so  that  no  elector  in  the 
shires,  need  travel  more  than  15 
miles  from  his  residence  to  give 
his  vote.  In  the  counties  or 
shires,  the  405.  franchise  was  to 
remain  unaltered,  but  the  right 
of  voting  was  to  be  extended  to 
copyholders  of  the  yearly  value 
of  <£10,  and  to  lease  holders  of 
20  years  duration,  of  the  yearly 
rent  of  £50,  provided  the  lease 
was  not  granted  within  two  years 
imrrjediaiely  preceding  the  regis- 
tration. 

In  Scotland,  where  the  right 
of  voting  in  the  counties  by  vir- 
tue of  supei'iorities  held  independ- 
ent of  the  freehold  existed,  it  was 
proposed  to  abolish  that  right,  as 
well  as  the  practice  of  electing 
burgh  members  by  town  councils, 
or  delegates,  and  to  substitute  as 
qualifications  in  the  counties,  the 
ownership  of  a  freehold  of  the 
yearly  value  of  <£10,  or  a  lease- 
hold of  at  least  19  years,  of  the 
yearly  value  of  £50,  and  in  the 
burghs  the  occupancy  of  a  dwell- 
ing house  of  the  yearly  value  of 
£10,  and  elections  by  a  majority 
of  qualified  voters. 

It  was  also  proposed  to  join 
the  counties  of  Peebles  and  Sel- 
kirk, of  Dumbarton  and  Bute, 
of  Ross  and  Cromarty,  of  Ork- 
ney and  Shetland,  of  Elgin  and 
Nairne,  of  Clackmannan  and 
Kinross,  so  as  to  form  six  dis- 
tricts, each  sending  one  member 
—the  remaining  22  counties  to 
send  one  member  each ;  Edin- 
burgh and  Glasgow,  two  each; 
Aberdeen,  Dundee,  Paisley, 
Greenock,  and  Leith,  one  each ; 
the  East  Fife  burgh  to  be  thrown 
into  the  county,  and  the  remain- 


ing 13  burghs  to  return  one  mem- 
ber each,  except  that  Kilmarnock 
was  to  be  substituted  for  Glasgow, 
Peterhead  for  Aberdeen,  and 
Falkirk  added  to  the  district  of 
Lanark,  Cromarty  to  that  of  Tain, 
and  Dundee  no  longer  to  vote  in 
that  of  Perth.  The  other  details 
to  be  similar  to  those  in  England. 

By  this  plan  it  was  estimated 
that  500,000  additional  electors 
would  be  admitted  to  the  elective 
franchise  in  England,  and  about 
60,000  in  Scotland.  All  these 
persons  had  a  substantial  stake  in 
the  country,  and  they  would  freely 
come  forward  in  the  event  of  a 
struggle,  to  support  the  govern- 
ment in  carrying  the  contest  to  a 
successful  result. 

Lord  Russell  said,  he  feared 
no  danger  to  the  aristocracy  from 
the  success  of  his  plan.  It  was 
impossible,  that  a  member  of  the 
aristocracy,  residing  on  his  estate, 
and  exercising  the  power  which 
his  fortune  and  station  gave  him, 
in  improving  the  condition  of  his 
tenantry,  and  promoting  the  pros- 
perity of  his  neighborhood,  should 
not  have  great  influence  in  the 
election  of  members  of  Parlia- 
ment. But  for  that  portion  of 
the  aristocracy,  which  did  not 
live  among  the  people,  which 
knew  and  cared  nothing  about 
the  people,  which  asked  for  power 
only  to  abuse  it,  sought  honors 
without  desert,  craved  places 
without  duties,  and  pensions  with- 
out services,  he  had  no  respect 
nor  sympathy.  The  sooner  this 
influence  was  destroyed,  with  the 
corruption  it  engendered,  the  bet- 
ter for  the  country. 

The  question,  however,  was  not 
one  which  the  aristocracy  alone 


ENGLAND. 


265 


wns  competent  to  decide.  The 
unanimous  voice  of  the  Commons 
of  England  demanded  reform,  and 
the  only  question  now  was,  shall 
the  house  accede  to  it,  or  permit 
the  British  constitution  to  perish 
from  a  collision  between  the  dif- 
ferent orders  of  the  state. 

Lord  Russell  concluded  by 
moving  for  leave  to  bring  in  a 
bill  pursuant  to  the  plan  he  had 
set  forth. 

The  motion  was  briefly  sec- 
onded by  Sir  John  Sebright,  and 
'Opposed  by  Sir  Robert  Inglis. 

SirRobert said, reform  hadnow, 
for  the  first  time,  been  brought 
forward  by  the  Ministers  of  the 
Crown.  He  denied  that  the  peo- 
ple demanded  reform.  A  similar 
cry  for  reform  had  been  often 
heard  before — not,  perhaps,  back- 
ed by  so  many  petitions,  but  still 
by  a  sufficient  number  to  justify 
exclamations  as  loud  as  had  been 
heard  that  night.  In  1732,  the 
House  was  told  by  Mr.  Burke 
that  there  would  be  great  and 
urgent  danger  to  the  government 
if  reform  were  refused  ;  in  1782, 
the  rneetings  and  the  demands  of 
the  people  were  as  formidable  as 
they  are  now.  The  excitement 
that  now  prevailed,  was  stimu- 
lated by  the  transactions  of  Bel- 
gium and  of  France,  and  would 
pass  away  when  the  novelty  of 
these  transactions  had  worn  off. 
It  was  quite  as  great  in  1793, 
and  from  a  similar  cause.  Ten 
years  ago,  the  cry  for  reform  was 
raised  in  consequence  of  the 
popular  insurrection  in  Naples. 
The  case  at  present  was  wholly 
different  from  what  it  was  during 
the  discussion  of  the  Catholic 
question :  then  the  people  spoke 
22* 


of  what  they  understood — ^they 
asked  to  keep  what  they  possess- 
ed, and  thus,  asking  what  it  would 
be  improper  to  grant,  he  felt  he 
was  quite  justified  in  refusing  to 
listen  to  their  prayers.  Members 
were  not  chosen  as  attorneys  for 
particular  places,  but  for  the  em- 
pire at  large  ;  and  they  were  not 
bound  to  obey  the  recommenda- 
tion of  their  particular  constitu- 
ents, unless  it  coincided  v^^ith  their 
own  judgment.  With  respect  to 
the  theory  that  population  and 
taxation  formed  the  sole  basis  of 
the  representation,  there  was  no 
proof  in  the  history  of  England 
that  such  a  basis  ever  existed. 
In  the  earliest  part  of  the  Parlia- 
mentary history,  small  boroughs 
had  been  called  on  to  return 
members,  while  large  towns  had 
been  passed  over.  When  the 
first  writ  was  directed  to  the  stock 
example,  so  often  alluded  to  in 
the  House  and  out  of  it.  Old  Sa- 
rum,  it  w^as  but  an  inconsiderable 
village.  He  defied  Lord  John 
Russell  to  show  a  single  instance 
in  which  the  privilege  of  sending 
members  to  Parliament  had  been 
withdrawn  from  a  town  merely 
because  it  was  small,  or  granted 
to  a  town  merely  because  it  was 
large.  In  one  instance.  Queen 
Elizabeth  had  created  two  bor- 
oughs, at  the  special  request  of 
one  of  her  favourites, — Newport, 
in  the  Isle  of  Wight,  was  created 
at  the  request  of  Sir  George  Ca- 
rew.  It  was  evident  that  the 
boroughs  were  originally  called 
into  being  to  gratify  the  aris- 
tocracy ;  yet  Lord  John  Russell 
denominated  the  destruction  of 
the  boroughs  and  of  the  influence 
of  the  aristocracy,  a  restoration. 


266 


ANNUAL  REGISTER,  1830—31. 


Some  of  the  towns  to  which  it 
was  intended  to  transfer  the  right 
of  returning  members,  were  large 
and  populous  very  many  years 
ago.  Previous  to  1580,  Man- 
chester contained  no  less  than 
5400  inhabitants ;  yet  subsequent 
to  that  period,  no  less  than  51 
boroughs  were  summoned  for  the 
first  time,  while  Manchester  was 
passed  over.  Sir  Robert  went 
on  to  argue,  that,  with  a  very  few 
exceptions,  all  the  men  who  had 
taken  a  large  share  of  the  busi- 
ness of  the  country  had  entered 
Parliament  through  close  bor- 
oughs— that  there  was  no  other 
method  by  which  lawyers  and 
mercantile  men  were  likely  to 
enter  it,  however  desirable  their 
presence  might  be  j  and  that,  so 
far  from  its  being  now  more  than 
at  any  former  period  of  our  his- 
tory necessary  to  repress  the 
influence  of  the  Crown,  there  was 
no  former  period  when  the  influ- 
ence of  the  Crown  w^as  less.  The 
influence  of  the  aristocracy  had 
equally  declined,  from  that  period 
when  a  Duchess  of  Norfolk,  after 
arranging  the  return  for  the  county 
of  Norfolk,  proceeded  to  nominate 
the  members  for  Maldon,  and 
when  an  Earl  of  Essex  com- 
manded one  of  his  kinsmen  to  be 
returned  for  Stafford,  and  one  of 
his  servants  for  Tamworth.  The 
only  ground  for  a  change  in  the 
constitution  of  Parliament  was  the 
prevalence  of  money  influence, 
of  the  influence  of  place,  of  the 
existence  of  parties  injurious  to 
free  discussion,  none  of  which 
were  at  present  proper  and  just 
subjects  of  complaint.  The  in- 
crease of  petitions,  the  publica- 
tion of  the  debates,    everything 


proved  that  the  independence  of 
the  House  was  never  so  great  as 
it  now  was.  To  add  to  the  pop- 
ular branch  of  the  Legislature 
any  greater  weight  than  it  at  pres- 
ent possessed,  would  only  tend  to 
destroy  the  other  two. 

He  sincerely  believed  that  a 
representation  so  entirely  popular 
as  that  which  the  noble  Lord 
wished  to  introduce,  never  could 
coexist  with  a  free  press  on  the 
one  hand,  and  a  monarchy  on  the 
other.  No  instance,  he  was  sure, 
could  be  pointed  out,  where  a 
popular  government  on  the  one 
hand,  aided  by  a  free  press  on 
the  other,  could  be  found  in  juxta- 
position with  a  monarchy.  They 
had  an  instance  of  this  formerly. 
On  the  very  day  when  the  Com- 
monwealth Parliament  murdered 
their  King,  they  voted  the  House 
of  Lords  a  nuisance  ;  and  he  was 
convinced,  if  the  proposed  plan 
were  agreed  to,  that  in  the  course 
of  ten  years  the  shock  would  be 
decisive.  If  such  a  measure  as 
that  of  the  noble  Lord  were  car- 
ried, it  would  strike  at  the  very 
foundation  of  the  constitution,  and 
lead  to  the  utmost  confusion. 

The  debate  was  continued 
during  that  day  and  until  the  9th 
of  March,  the  most  distinguished 
members  of  the  House  taking  part 
in  the  discussion. 

The  opponents  of  the  bill  con- 
tended that  the  reform  proposed 
was  in  effect  a  revolution  and  that 
it  would  destroy  a  constitution, 
that  had  contributed  so  much  to 
the  power  and  glory  of  England. 
The  disfranchisement  of  boroughs 
was  denominated  a  destruction  of 
vested  rights,  that  would  draw 
after  it  a  violation  of   other  rights 


ENGLAND. 


267 


iiovv  deemed  sacred,  but  which 
would  not  be  held  in  equal  sanc- 
tity by   a  reformed  Parliament. 
The  House  was  reminded   that 
most  of  the  ablest  men,  who  had 
sat  there,  had  been  introduced  as 
borough  members,  and  that  they 
afforded   the  means  of  bringing 
young  men  of  talent  and  promise 
into  public  life.     It  was  exhorted 
not   to   destroy   a    system    that 
worked  so  well,  to  gratify  a  temp- 
orary ebullition  of  public  feeling 
occasioned    by   the    excitement 
on  the  continent,  and  yielded  to, 
if  not  encouraged,  by  the  ministry 
in  order  to  maintain  themselves  in 
power.  They  also  remarked,  with 
justice,  that  the  bill  itself  was  not 
consistent  even  with  the  princi- 
ple upon  which   it  purported  to 
proceed.    Why  was  it  asked  were 
some   boroughs    with    1900    in- 
habitants    entirely    disfranchised 
and  others  having  only  100  in- 
habitants more  to  retain  their  re- 
presentatives,   when    some    bo- 
roughs, whose  population  amount- 
ed to  quadruple  that  number  were 
left   without   any  representative. 
The  advocates   of  the  measure 
replied,  that   some   reform    was 
necessary  and  that  the  proposed 
plan  united  the  greatest  mass  of 
opinion  in  its  favor  :  the  present 
system   was   calculated   to   per- 
petuate   the    extravagance    and 
misrule  of  which  the  people  com- 
plained and  produced  corruption 
in  every  department  of  the  gov- 
ernment;   it   was     inconsistent, 
partial,   and    founded    upon    no 
established  principle,  and  it  was 
absolutely    necessary  to    reform 
the  representation  in  order  to  sat- 
isfy the  nation. 

Lord  Russell  closed  the  debate, 


and  leave  was  given  to  bring  in 
the  bill,  which  was  accordingly 
done  on  the  14th  of  March. 
The  2d  reading  was  fixed  for  the 
21st  of  March. 

The  introduction  of  this  bill 
firmly  established  the  Grey  ad- 
ministration in  public  opinion. 
The  length  of  time,  which  had 
elapsed  before  any  steps  were 
taken  to  reform  the  house,  had 
excited  some  doubts  concerning 
the  sincerity  of  their  professions, 
but  these  were  now  dispelled  by 
the  uncompromising  character  of 
the  contemplated  reform. 

The  Tory  party  also  became 
convinced,  that  a  real  and  effi- 
cient reform  was  intended  in  the 
popular  representation  by  which 
more  equality  would  be  introduc- 
ed in  the  distribution  of  the  hon- 
ors and  emoluments  of  public  office 
and  every  nerve  was  exerted  by 
that  party  to  hurl  the  ministers 
from  their  stations,  before  they 
could  accomplish  such  a  reforma- 
tion. 

An  opportunity  was  afforded 
for  the  manifestation  of  their  feel- 
ings, four  days  after  the  introduc- 
tion of  the  reform  bill,  when  the 
House  went  into  committee  on  the 
duty  proposed  on  timber. 

With  the  view  of  encouraging 
the  Baltic  trade  and  also  of  di- 
minishing the  price  of  timber. 
Lord  Althorpe  proposed  an  al- 
teration of  the  duty  asked  on 
Canada  timber  in  the  budget. 
He  said  that  this  tax  had  been 
proposed  for  the  general  benefit, 
inasmuch  as  the  domestic  taxes 
could  not  otherwise  be  repealed. 
It  had  been  his  intention  to  im- 
pose this  tax,  but  on  looking  at 
the  estimates  of  the  revenue  for 


ANNUAL  REGISTER,  1830-31. 


1832  he  found,  that  there  would 
be  a  surplus  over  that  for  1830, 
of  about  £1,135,000.  He  there- 
fore did  not  think  it  necessary  to 
press  the  consideration  of  the  im- 
mediate increase  of  the  duty  on 
Canada  timber,  but  he  should 
propose  in  its  stead  a  gradual  in- 
crease on  Canada,  and  a  gradual 
decrease  on  Baltic  timber. 

The  encouragement  of  the 
Canada  trade  in  timber  was  not 
only  the  encouragement  of  a  par- 
tial interest  at  the  expense  of  the 
whole  community, — for  while  the 
shipping  interest  profited,  the  peo- 
ple of  England  suffered, — but  the 
encouragement  of  a  bad  article  at 
the  expense  of  a  good,  it  being 
notorious  that  it  was  made  a  con- 
dition in  all  well-considered  con- 
tracts into  which  timber  entered, 
that  only  Baltic  timber  should  be 
used.  It  was  also  unwise  as  re- 
spected the  means  of  the  coun- 
tries whence  the  timber  was  pro- 
cured :  Canada  was  rich  in  many 
articles  of  export,  and  its  timber 
was  one  of  the  least  valuable  : 
Norway  had  nothing  else  to  give 
in  exchange  for  our  merchandise. 
With  respect  to  the  colonial  capi- 
tal employed  in  the  trade,  it  was 
exceedingly  small :  the  only  fixed 
part  of  it  was  in  the  shape  of 
a  few  saw-mills ;  the  rest  was 
wholly  floating,  and  could  be  at 
once  directed  into  any  channel 
that  was  more  rational  and  pro- 
ductive. To  the  emigrant  the 
timber  trade  offered  few  advan- 
tages :  in  felling  the  trees,  he  was 
superseded  by  the  Americans 
from  the  United  States — the  only 
labor  he  could  perform,  was  in 
getting  down  the  rafts  to  the  coast, 
and   that  labor  might  be  much 


more  beneficially  for  the  colonies 
and  himself,  directed  to  the  culti- 
vation of  the  land  which  formed 
a  permanent  source  of  revenue. 
His  Lordship  concluded  by  sta- 
ting that  Government  intended  to 
proceed  on  this  gradual  plan. 
The  duty  on  Canada  timber  was 
now  10s.  per  load,  on  Baltic 
timber  45*. ;  he  proposed  to  re- 
duce the  latter  6s.  in  1832  (1st 
January),  65.  in  1833,  and  3*.  in 
1834, — leaving  the  permanent 
duties  lOs.  and  30*.  respectively. 
Mr.  Attwood,  said  the  ques- 
tion for  the  Committee  was,  the 
right  of  the  colonies  to  protection, 
and  the  policy  of  granting  it ;  and 
that  question  had  been  decided 
by  the  act  of  1809.  The  object 
of  the  act  was  neither  to  procure 
cheap  timber  nor  to  increase  the 
revenue — it  was  wholly  and  solely 
protective.  On  the  faith  of  that 
act,  mills  had  been  erected,  ware- 
houses had  been  built,  large  capi- 
tal in  the  colonies  and  at  home 
had  been  embarked,  which  it  was 
now  the  object  of  Government  to 
destroy.  There  could  be  no 
safety,  no  wisdom,  either  prox- 
imate or  ultimate,  in  measures 
where  there  was  no  justice.  He 
was  far  from  saying  that  protec- 
tive measures  ought  never  to  have 
been  adopted,  though  some  were 
of  that  opinion  ;  but,  supposing  it 
decided  that  they  ought  not,  there 
yet  remained  the  question  of  how 
far  it  was  wise,  protective  measures 
having  been  adopted,  to  change 
them,  and  above  all,  whether 
it  were  wise  to  change  them 
at  the  present  period.  The  ex- 
periment, at  all  times  hazardous, 
was  doubly  so  at  the  present. 
When  open  foes  and  concealed 


ENGLAND. 


enemies  were  eagerly  seeking 
where  to  plant  a  blow  against  the 
prosperity  of  Great  Britain,  it 
was  not  the  time  to  attempt  car- 
rying into  effect  the  wild  theories 
of  a  crude  philosophy. 

Mr.  P.  Thomson  expressed 
his  gratification  that  the  measures 
of  Ministers  did  not  meet  the  ap- 
probation of  Mr.  Attwood — he 
should  be  sorry  that  plans,  in- 
tended to  advantage  the  commu- 
nity at  large,  shoul  drest  for  ac- 
ceptance on  the  colonists  and 
ship-owners  of  the  country.  It 
was  a  most  shortsighted  mode  of 
legislating,  to  bolster  up  particu- 
lar interests  at  the  expense  of  the 
j)eople  at  large.  With  respect  to 
the  alleged  breach  of  faith  in  the 
repeal  of  the  act  of  1809,  it  was 
only  necessary  to  refer  to  the 
speeches  of  the  Minister  of  the 
Crown,  Earl  Bathurst,  who  ex- 
pressly stated,  that  the  act  would 
be  subject  to  revision,  not  in 
twenty  years,  but  in  three  or  four 
years.  It  was  sufficient  to  justify 
the  present  proposal  from  the 
charge  of  rashness  and  theory, 
that  it  proposed  to  do  that  gradu- 
ally which  the  Lords'  Report  oi 
1820  proposed  to  do  at  once; 
and  the  balance  of  protection 
which  it  would  leave  the  Colonies 
exceeded  by  one-half  what  that  re- 
port recommended.  Mr.  Thom- 
son went  into  a  long  calculation, 
to  show  that  the  trade,  as  hitherto 
managed,  had  been  eminently  in- 
jurious to  the  country;  and  that 
even  if  half  the  ships  employed 
in  it  were  to  be  rendered  useless, 
it  would  be  a  much  cheaper  and 
wiser  plan  to  buy  them  up  than 
to  keep  them  navigating  at  so 
great  a  loss  to  the  country.     Mr. 


Thomson  concluded  by  stating, 
that  the  real  question  was,  wheth- 
er the  House  would  continue  to 
sanction  a  system  which  even 
Lord  Liverpool  had  condemned, 
and  which  cost  the  country 
120,000/.  a  year, — in  order  that 
they  might  get  a  bad  article  from 
a  great  distance,  while  a  good  one 
at  their  doors  was  held  out  to 
their  acceptance. 

After  a  full  debate  the  com- 
mittee divided  236,  against  and 
190  in  favor  of  the  motion.  A 
majority  of  46  appearing  to  be 
against  the  ministers,  their  politi* 
cal  opponents  called  upon  them 
to  resign,  but  the  motives  of  the 
combination  of  the  Tory  party, 
with  the  representatives  of  the 
shipping  and  colonial  interests, 
were  too  palpable  to  weaken  the 
hold  of  the  Whigs  upon  public 
opinion,  and  they  wisely  deter- 
mined to  maintain  their  stations 
regardless  of  the  venal  majority 
that  had  united  against  them. 
The  Reform  bill  was  accordingly 
called  up  for  a  second  reading  on 
the  21st  of  March.  This  motion 
produced  a  vehement  and  acri- 
monious debate,  which  continued 
through  that  and  the  next  day, 
when  the  bill  was  ordered  to  a 
second  reading  302  Ayes  and 
301  Nays. 

This  majority  although  it  en- 
abled the  ministers  to  preserve 
the  bill,  was  obviously  inadequate 
to  carry  the  reform  proposed, 
through  the  ordeal  of  a  committee 
and  a  protracted  contest  on  its 
details.  The  ministry,  however, 
determined  to  bring  the  House  to 
some  decisive  vote  against  them 
on  the  principles  of  the  measure, 
before  they  advised  a  dissolution 


270 


ANNUAL  REGISTER,  1830—31. 


of  Parliament.  Notice  was  ac- 
cordingly given  that  the  hill  would 
be  committed  on  the  18th  of 
April,  and  in  the  mean  time,  the 
administration  devoted  itself  to 
procuring  the  sanction  of  Parlia- 
ment to  the  financial  arrangements 
necessary  for  the  public  service. 

On  the  24th  of  March,  the 
Irish  reform  bill  was  brought  in 
by  Mr.  Stanley,  its  details  rela- 
tive to  qualification  were  similar 
to  those  in  the  English  bill  with 
the  exception   of  copy  holders. 

In  each  county  there  were  to 
be  fifteen  polling-places  ;  no  more 
than  six  hundred  to  be  allowed  to 
poll  at  one  place  ;  and  the  whole 
to  finish  in  two  days.  In  ad- 
dition to  Belfast,  Waterford,  and 
Limerick,  Galway  was  also  in  fu- 
ture to  return  two  members ;  and 
an  additional  member  given  to 
Dublin  University — the  right  of 
voting  being  extended  in  future 
to  all  scholars  who  may  register 
within  six  months  of  the  passing 
of  the  bill,  instead  of  being  limited 
to  scholars  actually  studying  at 
the  University;  this  would  in- 
crease the  number  of  electors  for 
the  University  from  about  eighty 
to  five  hundred.  In  this  way, 
five  members  would  be  added  to 
Ireland,  instead  of  three  as  at  first 
proposed ;  which  would  leave  603 
members  in  the  House  of  Com- 
mons, under  the  three  bills, — be- 
ing a  total  reduction  of  55,  in- 
stead of  62  members.  Mr.  Stan- 
ley concluded  by  moving  the  first 
reading  of  the  bill. 

Mr.  O'Connell  greatly  ap- 
proved of  the  bill ;  still  he  thought 
the  details  might  be  properly  re- 
considered. The  addition  to  the 
representation  of  Ireland  was  not 


proportionate, — Scotland ,  which 
possessed  only  2,098,000  inhab- 
itants, got  five ;  while  Ireland, 
with  a  population  of  0,800,000, 
got  no  more  than  five.  Dublin, 
he  thought,  ought  to  have  two 
members  more ;  its  population, 
including  the  suburbs,  was  at  least 
250,000  ;  there  were  also  twelve 
counties  with  populations  of  above 
200,000— Cork  had  nearly  600,- 
000 — to  each  of  which  two  ad- 
ditional members  might  well  be 
given.  He  hoped,  when  the  bill 
v^^ent  into  committee,  some  of 
these  points  would  be  attended  to. 

Parliament  shortly  after  this  ad- 
journed to  meet  on  the  12th  of 
April.  Upon  the  meeting  of  the 
House,  Lord  Russel  observed,  in 
reply  to  a  question  concerning 
the  population  returns,  that  the 
details  in  the  bill  had  been  based 
on  the  returns  of  1821,  and  that 
complaints  having  been  made  of 
their  inaccuracy,  measures  had 
been  taken  to  correct  the  mis- 
takes. The  Schedules.A.  and  B. 
therefore  would  require  some  al- 
terations, in  order  to  make  them 
conform  to  the  principles  laid 
down  by  the  ministry  for  the  dis- 
franchisement or  reduction  of 
boroughs.  It  was  also  intended 
to  propose  an  alteration  concern- 
ing the  freemen  of  boroughs,  and 
if  the  House  manifested  a  strong 
indisposition  to  a  diminution  of  its 
members,  the  government  was 
not  disposed  to  press  that  part  of 
the  plan. 

The  principle  of  the  bill  would 
be  adhered  to,  as  eminently  cal- 
culated to  promote  the  happiness, 
prosperity,  and  tranquillity  of  the 
kingdom.  On  the  18th  of  April, 
the  day  assigned  for  that  purpose, 


EjNGLAND. 


m 


tlie  reform  bill  was  called  up  for 
commitment,  and  Lord  Russell  in 
making  a  motion  for  that  purpose, 
stated,  that  he  should  propose  to 
place  Beeralston  among  the  dis- 
franchised   boroughs;    to   trans- 
fer     Aldeburgh,      Buckingham, 
Malmesbury,   Okehampton    and 
Reigate   from    Schedule   A.    to 
Schedule  B.,  on  the  ground  that 
the    corrected    returns    showed 
their  population  exceeded  2000 ; 
and  to  leave  Leominster,  North- 
allerton,    Monteth,     Tamworth, 
Truro,  Westbury  and  Wycombe- 
out  of  Schedule  B.,  on  the  ground 
that   their   population   exceeded 
4000.     He  should  also  propose 
that   Bury,   Oldham,  Rochdale, 
Salford,  Stoke  upon  Trent,Wake- 
field,  Hahfax  and  Whitby  should 
send  one  member  each  ;  that  all 
counties  in  England  and  Wales, 
having  over  100,000  inhabitants, 
should  send  an  additional  member  ; 
and  all  having  over  150,000  should 
send  four  members.     These  al- 
terations would  augment  the  num- 
ber originally  proposed  so  as  to 
make  the  diminution  of  the  House 
only  31  instead  of  62. 

Some  modifications  were  in- 
tended in  those  parts  of  the  bill, 
fixing  the  qualifications  of  elec- 
tors, so  as  to  allow  leaseholders 
renting  property  for  14  years  at 
the  yearly  rate  of  £50,  or  for  60 
years  at  the  yearly  rate  of  JGIO, 
and  those  who  paid  a  fine  for 
their  leases  to  vote  for  county 
members  and  to  admit  the  occu- 
piers of  ware  houses  and  count- 
ing rooms  in  boroughs  to  vote 
upon  the  same  footing  as  the  oc- 
cupiers of  dwellings.  All  child- 
ren born,  or  apprentices  bound, 
before  the  passage  of  the  act,  were 


to  be  admitted  to  the  privileges  of 
freemen  in  boroughs  in  the  same 
manner,  as  if  the  act  had  not 
passed.  The  extra  parochial 
places  were  to  be  joined  to  the 
smallest  adjacent  parish,  and  the 
returning  officers  were  to  be  em- 
powered to  appoint  several  places 
for  polling  the  votes.  These  pro- 
posed aherations  which  were  of- 
fered with  the  view  of  concilia- 
ting the  anti-reforming  party,  did 
not  produce  that  effect.  Their 
hostility  was  as  uncompromising 
as  evei*,  and  in  the  expectation 
"  of  scotching  the  snake"  they 
did  not  dare  "  to  kill."  General 
Gascoyne  was  put  forward  to 
move  a  resolution,  as  an  amend- 
ment to  the  motion  to  go  into 
committee,  declaring,  that,  in  the 
opinion  of  the  House,  the  repre- 
sentation of  that  part  of  the  united 
kingdom  called  England  and 
Wales  ought  not  to  be  dimin- 
ished. 

The  disproportionate  repre- 
sentation of  this  portion  of  the 
kingdom  had  been  one  of  the  sub- 
jects of  well  founded  complaint, 
both  in  Scotland  and  Ireland,  and 
the  passage  of  Gen.  Gascoyne's 
resolution  would  prevent  any  rem- 
edy of  that  evil,  except  by 
augmenting  the  total  number  of 
the  House  of  Commons,  already 
too  large  for  convenience.  Both 
those  members  of  the  united  em- 
pire would  thus  be  deprived,  not 
only  of  a  positive  addition  to  their 
own  representation,  but  of  that 
benefit  resulting  from  the  dimin- 
ished number  of  the  representa- 
tion of  England  and  Wales. 

The  amendment  was  therefore 
warmly  opposed  by  the  ministry, 
and  the  Chancellor  of  the  Ex- 


272 


ANNUAL  REGISTER,  1830—31. 


chequer  observed,  that  if  it  were 
carried,  the  bill  would  lose  all  its 
efficacy,  A  vehement  debate 
again  ensued  which  was  re- 
sumed the  next  day,  when  the 
House  divided  299  in  favor  and 
291  against  Gen.  Gascoynes  reso- 
lution. 

This  division  having  shown  a 
majority  of  8  against  the  ministry 
on  a  vital  principle  of  the  reform 
bill,  it  was  at  once  perceived,  that 
their  resignation,  or  a  dissolution 
of  Parliament  must  follow.  An 
attempt  was  made  the  next  day 
to  prevent  the  latter  and  to  ob- 
tain a  pledge  from  the  ministers 
not  to  dissolve  Parliament,  before 
proceeding  with  the  supply  bills. 
Lord  Althorpe,  however,  declined 
informing  the  House  on  the  sub- 
ject, although  he  stated  that  it  was 
not  the  intention  of  the  govern- 
ment to  proceed  farther  with  the 
reform  bill.  A  motion  was  then 
made  to  adjourn,  which  was  car- 
ried by  the  Tory  party,  notwith- 
standing the  opposition  of  the 
ministers  by  a  majority  of  22. 
A  dissolution  was  now  determined 
upon  with  the  intention  of  ap- 
pealing to  the  nation  on  the  ques- 
tion at  issue  between  the  ministry 
and  the  opposition. 

Such  an  appeal  was  dreaded 
by  the  aristocratic  party  as  the 
worst  of  horrors,  and  the  rage  and 
clamor  prevailing  in  the  House 
of  Lords  upon  the  announcement 
of  the  King's  intention  to  pro- 
rogue Parliament,  are  represented 
as  having  never  been  equalled  in 
that  most  disorderly  of  delib- 
erative assemblies — an  English 
House  of  Commons,  since  the 
days  of  Cromwell.  The  cour- 
tesies of  society  were  violated  on 


all  sides,  and  the  rudest  person- 
alities passed  among  the  dignified 
Peers  during  the  confusion.  This 
scene  continued  until  the  King 
actually  entered  the  House,  when 
having  taken  his  seat  upon  the 
throne  and  assumed  the  crown 
and  sceptre,  he  summoned  the 
House  of  Commons  to  attend, 
and  prorogued  Parliament  in  the 
following  truly  royal  manner  : — 

'  My  Lords  and  Gentlemen, 

*  I  have  come  to  meet  you  for  the 
purpose  of  proroguing  this  Parliament, 
with  a  view  to  its  immediate  dissolu- 
tion. 

'  I  have  been  induced  to  resort  to  this 
measure  for  the  purpose  of  ascertaining 
the  sense  of  my  people,  in  the  only  way 
in  which  it  can  be  most  conveniently 
and  authentically  expressed,  for  the  ex- 
press purpose  of  making  such  changes 
in  the  representation  as  circumstances 
may  appear  to  require,  and  which, 
founded  upon  the  acknowledged  prin- 
ciples of  the  constitution,  may  tend  at 
once  to  uphold  the  just  rights  and  pre- 
rogatives of  the  crown,  and  to  give  se- 
curity to  the  liberties  of  the  people. 
'  Gentlemen  of  the  House  of  Commons, 

'  I  thank  you  for  the  provision  you 
have  made  for  the  maintenance  of  the 
honor  and  dignity  of  the  crdwn,  and  I 
offer  my  special  acknowledgments  for 
the  arrangement  you  have  made  for  the 
state  and  comfort  of  my  royal  consort. 
I  have  also  to  thank  you  for  the  supplies 
you  have  furnished  for  the  public  ser- 
vice. I  have  observed  with  satisfaction 
your  endeavors  to  introduce  a  strict 
economy  into  every  branch  of  that  ser- 
vice, and  I  trust  that  the  early  attention 
of  anew  Parliament,  which  I  shall  forth- 
with direct  to  be  called,  will  be  applied 
to  the  prosecution  of  that  important 
subject. 

*  My  Lords  and  Gentlemen, 

'  I  am  happy  to  inform  you  that  the 
friendly  intercourse  which  exists  be- 
tween myself  and  foreign  powers,  affords 
the  best  hopes  of  a  continuation  of 
peace,  to  the  preservation  of  which  my 
most  anxious  endeavors  shall  be  con- 
tinually directed. 

*  My  Lords  and  Gentlemen, 

'  In  resolving  to  recur  to  the  sense  of 
my  people  in  the  present  circumstances 
of  the  country,  I  have  been  influenced 
only  by  a  desire,  and  personal  anxiety, 


ENGLAND. 


273 


for  the  contentment  and  happiness  of 
my  subjects,  to  promote  which  I  rely 
with  confidence  on  your  continued  and 
zealous  assistance. 

'  My  pleasure  is  that  this  Parliament 
shall  be  prorogued,  and  forthwith,  to 
Tuesday  the  10th  day  of  May  next.' 

The  next  day  a  royal  procla- 
mation appeared,  dissolving  Par- 
liament, and  ordering  an  election 
forthwith  for  a  new  Parliament, 
to  meet  on  the  14th  of  June  fol- 
lowing. Both  parties  now  pre- 
pared fpr  the  contest  with  means 
and  vigor  commensurate  with  the 
importance  of  the  cause  depend- 
ing upon  their  exertions. 

Enormous  sums  were  sub- 
scribed to  defray  the  expenses  of 
the  elections,  and  the  Tory  party 
strained  every  nerve  to  obtain  a 
majority  in  the  new  House  of 
Commons. 

Efforts  were  made  to  alarm 
the  public  mind  with  fears  of 
revolution  and  anarchy  :  the 
church  was  in  danger :  the  na- 
tional debt  would  be  spunged 
out ;  and  all  the  established  insti- 
tutions of  the  country  sacrificed  to 
the  wild  spirit  of  innovation. 
These  spectres,  however,  had 
long  ceased  to  terrify.  The  peo- 
ple of  England  were  true  to  the 
cause  of  reform,  and  the  defeat 
of  the  Tory  party  was  over- 
whelming. In  Scotland,  indeed, 
and  in  the  reduced  and  disfran- 
chised boroughs,  they  obtained  a 
majority  of  more  than  two  to  one. 
But  in  the  open  boroughs,  in  the 
English  and  Irish  counties,  and 
wherever  the  unbiassed  force  of 
public  opinion  could  be  exerted, 
they  were  defeated. 

Ten  of  the  'Counties,  returning 
55  members,  were  unaninlous  for 
reform,  and  in  nearly  all  the  coun- 
24 


ties  the  knights  of  the  shire  were 
returned  from  the  same  party. 

Notwithstanding  the  regular 
clergy,  generally,  and  the  univer- 
sities of  Oxford,  Cambridge,  and 
Dublin,  imprudently  enlisted 
themselves  against  the  feeling  of 
the  country  ;  and  the  members  of 
the  established  church  came  for- 
ward in  great  numbers  to  sustain 
the  system  of  rotten  boroughs  and 
limited  constituencies;  the  victory 
obtained  over  the  forces  thus  com- 
bined to  maintain  a  corrupt  sys- 
tem of  government,  exceeded  all 
that  could  have  been  conceived 
possible  for  a  people  to  achieve, 
who  were  trammelled  by  the  very 
mischiefs  which  rendered  reform 
necessary. 

A  ministerial  majority  exceed- 
ing 100  was  returned  to  the  new 
Parliament,  and  the  ministers  met 
that  body  on  the  14th  of  June, 
with  an  entire  conviction  of  the 
assent  of  the  lower  House  to  any 
efficient  plan  of  reform. 

The  Hon.  Charles  Manners  Sut- 
ton was  unanimously  re-elected 
Speaker,  and  on  the  21st  of  June, 
the  King  delivered  his  speech  to 
the  new  Parliament,  in  person. 
The  speech  was  rather  more  in- 
telligible than  usual,  and  the  de- 
tailed explanations  furnished  of 
the  affairs  of  the  kingdom  evinced 
a  greater  deference  to  public  opin- 
ion, than  when  the  King  acted 
merely  as  the  organ  of  a  Tory 
cabinet. 

Parliamentary  reform  was  pri- 
marily recommended  to  their  at- 
tention, as  a  measure  which  had 
just  received  the  sanction  of  the  ^ 
people.  The  prospect  of  a  con- 
tinuance of  peace  was  said  to  be 
encouraging,    and   the   principle 


374 


ANNUAL  REGISTER,  1830—31. 


upon  which  the  discussions  on 
the  affairs  of  Belgium  were  con- 
ducted, was  stated  to  be  that  of 
non-interference  with  the  right  of 
the  Belgians  to  establish  their 
government  according  to  their 
own  views  of  expediency,  so  long 
as  in  the  exercise  of  that  right 
they  did  not  endanger  the  security 
of  neighboring  states. 

The  chastisement  of  Portugal 
was  alluded  to  as  having  procured 
full  satisfaction  from  that  govern- 
ment. The  progress  of  the 
Cholera  was  mentioned,  and  every 
effort  was  said  to  have  been  taken 
to  prevent  the  introduction  of  the 
disease  into  the  kingdom.  Ire- 
land was  represented  as  being  in 
a  state  of  great  distress,  and  an 
intimation  was  given,  that  addi- 
tional powers  might  be  required 
by  the  government  to  repress  the 
disorder  in  that  island. 

The  recommendation  of  Par- 
liamentary reform  was  not  long 
neglected,  and  on  the  24th  of 
June,  Lord  John  Russell  again 
presented  the  subject  to  the  con- 
sideration of  the  House,  by  ask- 
ing leave  to  bring  in  a  billsimilar 
in  principle  to  the  one  already 
described.  The  only  amendments 
were,  that  Downton  and  St.  Ger- 
mains  were  now  added  to  the  list 
of  disfranchised  boroughs,  and 
that  Falmouth  being  added  to 
Penryn  and  Deal,  and  Walmer 
to  Sandwich,  those  two  boroughs 
were  withdrawn  from  the  list  of 
reduced  boroughs.  Some  ahera- 
tions  were  also  made  in  the  par- 
ishes to  be  included  in  Manches- 
ter and  Wolverhampton,  and  in 
the  Welshboroiigh  districts.  The 
elective  franchise  in  boroughs  was 
£Xtended   to    the    occupiers    of 


land,  as  well  as  to  the  occupiers 
of  houses  and  counting  rooms ; 
and  in  the  counties,  the  period  of 
leases  of  £50,  yearly  value,  was 
reduced  to  seven  years.  It  was 
further  provided,  that  the  right 
should  be  exercised  by  the  mort- 
gagor or  cestuique  trust  in  pos- 
session, and  not  by  the  trustee  or 
mortgagee,  and  that  the  power  of 
enlarging  or  setding  the  bounda- 
ries of  boroughs,  and  of  dividing 
counties,  should  be  vested  in  a 
commission  chosen  by  Parliament. 

The  reform  bill  was  now  com- 
pleted. It  had  undergone  the 
examination  of  a  vigilant  and  un- 
sparing opposition  in  Parliament. 
It  had  been  subjected  to  the  criti- 
cism of  the  public  press.  A  new 
census  had  just  been  taken,  and 
availing  themselves  of  more  ac- 
curate information  and  well-timed 
suggestions,  the  bill  was  amended 
so  as  to  conform  to  the  principles 
of  reform  promulgated  by  the 
ministers,  and  to  unite  the  great- 
est mass  of  public  opinion  in  its 
support.  The  bill,  the  whole  bill, 
and  nothing  but  the  bill,  now  be- 
came the  watchword  of  the  peo- 
ple of  England.  The  political 
unions,  which  had  been  organised 
in  the  larger  towns,  and  the  peri- 
odical press,  which  now  began 
to  exercise  its  legitimate  influence 
over  the  public  mind,  directed 
their  combined  energies  to  sustain 
the  ministry. 

The  questions  of  ballot  and 
universal  suffrage,  which  had 
been  started  by  the  radical  re- 
formers, were,  by  common  con- 
sent, laid  aside,  as  calculated  to 
produce  division  in  the  reforming 
party,  and  the  government  brought 
forward  the  measure,  in  the  new 


ENGLAND. 


Parliament,  under  every  advan- 
tage. The  Tory  party,  however, 
was  not  discouraged,  but  renewed 
the  contest  with  unabated  vigor. 
The  discussion  on  the  i)rinciples 
of  the  bill  was  again  entered 
upon,  and  nriinisters  were  charged 
with  having  stimulated  the  people 
to  demand  a  change  in  the  con- 
stitution, and  the  members  were 
exhorted  to  show  themselves  su- 
perior to  the  influence  of  popular 
clamor,  and  to  vindicate  the  bill. 
The  debate  which  commenced 
on  the  4th  of  July  was  protracted 
through  that  and  the  two  succeed- 
ing days,  when  the  bill  was  or- 
dered a  second  reading,  370  in 
favor,  and  233  against  it.* 

The  principle  of  reform  having 
been  thus  sanctioned  by  an  over- 
whelming majority,  the  bill  was 
ordered  for  commitment,  on  the 
12th  of  July,  and  the  Tory  party, 
foreseeing  the  impossibility  of  at 
once  rejecting  it  with  that  deci- 
sion and  tact  which  characterise, 
in  representative  governments, 
the  party  seeking  its  own  interest, 
as  contradistinguished  from  that 
aiming  at  the  public  good,  prompt- 
ly resolved  to  protract  the  con- 
test, as  to  the  details,  in  the  hope 
of  exhausting  the  public  interest 
in  the  bill  itself,  when  they  might 
safely  give  it  a  quietus  in  the 
House  of  Lords.  ) 


In  conformity  with  this  system 
of  tactics,  the  disfranchisement 
and  reduction  of  each  borough, 
was  contested  in  detail,  and  the 
House  was  occupied  the  remain- 
der of  July,  and  until  the  17th 
of  August,  on  the  Schedules  alone, 
without  producing  any  alteration, 
except  in  the  case  of  Saltash, 
which  was  transferred  from  the 
list  of  disfranchised,  to  that  of  re- 
duced boroughs,  by  a  vote  of 
231  to  150.  Lord  Althorpe, 
Lord  Russell,  and  nearly  all  the 
ministers,  voting  in  the  majority. 
During  this  apportionment  of 
representatives,  an  ineffectual  at- 
tempt was  made  by  Mr.  Hume, 
to  procure  a  representation  for 
the  colonies  by  moving  an  instruc- 
tion to  the  committee,  that  19 
members  should  be  allowed  to 
those  parts  of  the  British  empire. 
This  motion  was  a  severe  test  to 
the  sincerity  of  the  Whigs.  The 
principle  by  which  they  professed 
to  be  governed,  obviously  de- 
manded their  full  assent  to  the 
motion,  in  its  fullest  extent.  The 
colonists  were  subjects  of  the 
same  government.  Their  most 
vital  interests  were  legislated  upon 
in  the  British  Parliament,  and  the 
same  reasons  which  rendered  it 
improper  that  the  representatives 
of  Gatton  and  Old  Sarum  should 
continue  to  legislate  for  Manches- 


*  Analysis  of  the  House  on  the  second  reading. 

For. 

Paired  dtf 
in  favor. 

Against. 

Paired  otV 

azainsl. 

Absent. 

Vacan!. 

Encrland  counties, 

74 

2 

b 

"          borouT;hi. 

195 

4 

172 

8 

17 

? 

Wales  counties. 

10 

2 

"       boroughs, 

8 

2 

1 

Scotland  counties, 

12 

1 

15 

1 

1 

1 

"           boroughs, 

11 

4 

Ireland  counties, 

^14 

18 

1 

"         boroughs, 

16 

2 

14 

4 

370 

9 

233 

9 

24 

1      9 

276 


ANNUAL  REGISTER,  1830—31. 


ter  and  Birmingham,  might  be 
urged,  with  tenfold  force,  against 
the  legislative  control  exercised 
by  the  representatives  of  the 
Commons  of  England  over  the 
interests  of  her  American  and 
African  colonies,  and  of  her  East 
India  possessions. 

The  members  of  the  political 
unions,  however,  did  not  yet  seem 
to  perceive,  that  the  grievances 
of  which  they  complained  were 
more  than  shared  by  the  inhab- 
itants of  the  colonies ;  and  they 
were  not  yet  prepared  to  admit, 
that  the  rights  of  suffrage,  of  self- 
government,  and  of  exemption 
from  unequal  and  intolerable  tax- 
ation were  human  rights,  but 
merely,  that  they  were  the  birth- 
right of  Englishmen.  An  ac- 
quiescence in  the  motion  of  Mr. 
Hume,  might,  consequently,  have 
deprived  the  ministry  of  their 
public  favor;  and  they  deemed  it 
expedient  to  waive  the  discussion 
of  this  delicate  topic,  on  the 
ground,  that  it  might  embarrass 
the  measure  before  Parliament. 

Some  remarks  were  made  by 
leading  Tories  concerning  the  in- 
consistency of  leaving  the  colo- 
nies without  actual  representa- 
tion, after  the  virtual  representa- 
tion should  be  cut  off  by  the 
abolition  of  the  close  boroughs  ; 
but  the  ministers  persisted  in  their 
opposition,  and  the  motion  was 
negatived  without  a  division. 

When  the  clause  prescribing 
the  qualifications  of  voters  in 
shires  came  under  consideration. 
Colonel  Sibthorpe,  with  the  view 
of  preserving  a  remnant  of  aris- 
tocratic influence  over  the  elec- 
tions, moved  that  all  tenants  pay- 
ing f  50,  yearly  rent,  should  be 


entitled  to  vote,  and  his  motion  be- 
ing withdrawn  on  account  of  some 
informality,  it  was  renewed  by 
the  Marquis  of  Chandos.  and  car- 
ried, 232  to  148. 

The  other  clauses  of  the  bill 
were  afterwards  carried  without 
material  aherations,  and  on  the 
19th  of  September,  after  a  dis- 
cussion of  eleven  weeks,  it  was 
ordered  to  a  third  reading. 

On  the  21st  of  September  it- 
received  the  final  sanction  of  tho 
House,  the  vote  being  on  the 
passage  of  the  bill,  345  Ayes, 
236  Nays ;  and  the  next  day  it 
was  carried  to  the  House  of 
Lords  whh  unusual  formality  by 
Lord  John  Russell,  attended  by 
most  of  the  leading  members  of 
the  .House  who  had  taken  an 
active  part  in  favor  of  the  bill. 

The  concurrence  of  that  branch 
of  the  legislature  was  now  all 
that  was  wanted  to  effect  this  im- 
portant change  in  the  constitution. 

The  King  and  his  ministers 
had  already  indicated  their  opin- 
ions. The  wishes  of  the  people 
of  England  could  not  be  misun- 
derstood, and  their  representatives 
in  the  House  of  Commons  had 
yielded  obedience  to  their  will  in 
proposing  a  reforifi  in  the  repre- 
sentation. The  only  remaining 
obstacle  was  the  House  of  Lords. 

In  this  juncture  that  body  should 
have  remembered,  that  it  was  the 
peculiar  province  of  the  House 
of  Commons,  to  judge  of  the 
proper  qualifications  of  its  own 
members  ;  that  it  was  the  right  of 
the  people  to  determine  how,  and 
by  whom,  they  would  be  repre- 
sented ;  and  that  if  by  an  indis- 
creet exercise  of  their  privileges, 
as  a  co-ordinate  branch  of  the 


ENGLAND. 


277 


legislature,  they  should  place 
themselves  in  opposition  to  the 
people  and  the  government,  it 
might  suggest  itself  to  those, 
whose  wishes  they  thwarted,  that 
Peers  were  not  necessary  either 
to  the  existence  of  the  govern- 
ment or  to  the  welfare  of  the 
people.  It  was,  however,  equally 
obvious,  that  in  a  reformed  House 
of  Commons,  their  influence 
would  be  prostrated,  and  that 
among  the  first  measures  in  such 
a  body  would  be  propositions  to 
effect  a  reduction  of  taxes,  a  cur- 
tailment of  salaries,  and  a  gradual 
abolition  of  all  those  burdens 
which  had  been  imposed  upon 
the  people  for  the  benefit  of  the 
privileged  orders. 

They  accordingly  resolved 
upon  crushing  the  movement  in 
the  outset.  Obsta  princlpiis  was, 
in  their  opinion ;  the  surest,  and  if 
their  power  had  been  commen- 
surate with  their  will,  it  would 
doubdess  have  been  the  wisest 
course. 

The  first  reading  of  the  bill 
was,  of  course,  without  opposition, 
and  the  3d  of  October,  was  as- 
signed for  the  second  reading. 

On  that  day  Lord  Grey  made 
the  motion  for  the  second  reading; 
and  in  his  address  to  the  House, 
he  was  deeply  agitated  by  the 
importance  of  the  question,  which 
he  had  been  so  instrumental  in 
bringing  before  Parliament.  In 
case  that  the  bill  was  ejected  (which 
he  then  probably  foresaw,)  his 
continuance  in  office,  he  stated, 
would  depend  upon  his  seeing  a 
reasonable  prospect  of  carrying  a 
bill  of  reform,  at  least,  equally  effi- 
cient. After  strongly  urging  the 
necessity  of  reform,  the  Premier 
24* 


addressed  himself  directly  to  the 
bench  of  Bishops,  and  pointedly 
intimated,  that  if  the  question 
should  be  decided  by  their  votes 
contrary  to  the  wishes  of  the  na- 
tion, there  were  many  questions 
now  agitated,  which  might  take 
a  direction  attended  with  the  most 
serious  and  fatal  consequences  to 
their  own  interests.  This  direct 
intimation  of  the  danger  to  which 
the  established  church  would  be 
subjected,  in  case  of  their  con- 
tinued opposition  to  the  nadonal 
will,  did  not  diminish  the  repug- 
nance of  the  Bench  to  a  reform 
in  the  State,  and  with  the  excep- 
tion of  the  bishops  of  Chichester 
and  Norwich,  they  were  all  ac- 
cordingly found  among  the  non- 
contents. 

The  arguments  of  the  Peers 
in  opposition  to  the  bill,  consisted 
of  those  already  urged  in  the 
House,  and  a  vindication  of  their 
right  to  act  as  a  co-ordinate  and 
independent  branch  of  the  gov- 
ernment, for  the  purpose  of  pre- 
venting an  innovation  in  the  con- 
stitution, which  could  not  fail  to 
result  in  the  destruction  of  the 
Peers,  and,  ultimately,  of  the 
Monarchy. 

After  a  debate,  which  continued 
until  the  7th  of  October,  and 
which  was  closed  by  a  most 
eloquent  and  convincing  argu- 
ment by  the  Lord  Chancellor, 
(jLiOrd  Brougham,)  in  behalf  of 
the  bill,  it  was  refused  a  second 
reading,  by  the  following  vote. 
Contents  128  Non-contents  150 
Proxies      30        Proxies       49 

158  199 

Of  this  majority  of  41,  which 

so  contemptuously  refused  to  ex- 


278 


ANNUAL  REGISTER,  1830—31. 


amine,  even  for  the  purpose  of 
amendment,  a  measure  that  the 
English  nation  had  so  much  at 
heart,  21  belonged  to  the  Bench 
of  Bishops,  and  131  were  new 
creations  since  the  accession  of 
George  III — a  majority  of  the 
ancient  nobility  of  England  voting 
in  favor  of  the  bill.  This  de- 
cision created  the  strongest  sen- 
sations throughout  the  kingdom. 
The  quiet  prevailing  during  the 
long  and  protracted  discussion, 
had  produced  a  belief  that  the 
public  interest  in  the  subject  was 
diminished,  and  that  the  question 
might  be  safely  placed  upon  the 
footing  of  ordinary  political  con- 
tests. The  movements,  conse- 
quent upon  the  rejection  of  the 
bill,  put  an  end  to  this  delusion. 
The  day  following  this  division, 
meetings  were  simultaneously 
held  by  the  ministerial  members 
of  Parliament,  by  the  Common 
Council  of  London,  and  by  the 
delegates  of  the  several  parishes 
of  the  metropolis,  with  the  view  of 
sustaining  the  ministry. 

On  the  following  Monday,  Lord 
Ebington  introduced  a  resolution 
in  the  House  of  Commons,  ex- 
pressing the  regret  of  that  body 
at  the  loss  of  the  reform  bill,  hs 
determination  to  re-assert  and  ad- 
here to  the  principles  and  leading 
provisions  of  that  bill,  and  the 
confidence  of  the  House  in  the 
ministry.  A  debate  ensued  in- 
volving an  examination  •  into  the 
merits  and  character  of  the  ad- 
ministration. 

On  one  side  it  was  insisted 
that  the  ministers  were  inefficient 
and  incapable ;  that  they  had 
done  nothing,  but  had  failed  in  all 
their  attempts  at  reform,  and  that 


their  financial  arrangements  indi- 
cated neither  knowledge  nor 
talent. 

On  the  other  hand  it  was  said, 
that  the  repeal  of  the  taxes  on 
coal  and  candles  had  reheved  the 
lower  classes  ;  that  the  modifica- 
tion of  the  game  laws  afforded 
relief  to  the  farmer  from  gross 
and  unnecessary  oppressions  ;  and 
that  the  reforms  effected  in  the 
Court  of  Chancery  by  the  genius 
and  energy  of  Lord  Brougham, 
furnished  the  strongest  proofs  of 
the  intentions  of  the  ministry,  and 
that  those  intentions  were  not 
more  fully  carried  into  effect,  must 
be  attributed  to  the  opposition 
they  had  experienced  from  their 
political  opponents. 

Lord  Althorpe,  after  assuring 
the  House  that  he  was  no  party 
to-  the  resolution,  said,  that  his 
continuance  in  power  entirely  de- 
pended upon  the  carrying  a  re- 
form bill  equally  efficient  with  the 
one  rejected.  ~ 

The  resolution  was  ultimately 
adopted,  329  in  favor,  and  198 
against  its  passage. 

This  vote  was  decisive  as  to 
the  continuance  of  the  ministers 
in  power,  and  they  were  loudly 
called  upon  to  create  Peers  to 
outvote  the  majority  in  the  House 
of  Lords.  The  people,  also,  con- 
tinued to  manifest  their  indigna- 
tion against  the  anti-reforming 
party,  and  the  feeling  spread 
through  the  island  as  fast  as  the 
intelligence  was  communicated  by 
the  mails,  until  the  whole  king- 
dom, from  Cape  Clear  to  the 
Giant's  causeway,  was  raised  to 
the  highest  pitch  of  political  ex- 
citement. 

The  inhabitants  of  the  metropo- 


EISGLAND. 


279 


lis  met  at  once,  in  their  several 
parishes,  to  vote  addresses  to  the 
King,  praying  him  to  keep  the 
Whig  ministers  in  office.  Their 
example  was  followed  by  the  prin- 
cipal towns  and  villages  through- 
out the  country,  and  a  firm  de- 
termination was  everywhere  ex- 
pressed to  adhere  to  the  ministry, 
and  to  be  satisfied  with  nothing 
less  than  the  bill. 

Combinations,  too,  began  to  be 
formed  to  refuse  to  pay  taxes,  or 
to  purchase  any  articles  distrain- 
ed by  the  tax  collector.  The 
people  were  roused,  in  reality,  by 
the  conduct  of  the  aristocratic 
faction  ;  and  at  Derby  and  Not- 
tingham, the  inopportune  expres- 
sion of  the  triumphant  feelings  of 
a  few  anti-reformers  at  the  ejec- 
tion of  the  bill,  caused  an  ex- 
plosion of  the  popular  indignation, 
and  the  most  alarming  riots  suc- 
ceeded. 

Several  houses  belonging  to 
the  leading  Tories  at  Derby  were 
demolished,  the  tower  gaol  brok- 
en open,  and  the  military  were 
compelled  to  act  against  the  mob, 
for  the  purpose  of  restoring  quiet. 

At  Nottingham,  the  house  of 
correction  was  forced  open,  and 
Nottingham  castle,  belonging  to 
the  Duke  of  Newcastle,  (one  of 
the  great  borough  holders,)  was 
destroyed. 

At  Manchester,  a  disposition 
appeared  on  the  part  of  the  people 
to  rise  in  their  demands  for  re- 
form. A  very  large  and  respect- 
able meeting  was  held,  and  a 
great  majority  of  the  inhabitants 
declared  themselves  in  favor  of 
annual  Parliaments,  universal  suf- 
frage, and  the  vote  by  ballot, — 
realising  the  prediction  of  Lord 


Brougham  as  to  the  character  of 
the  concessions,  which  would  be 
enacted  in  case  the  bill  should  be 
rejected. 

This,  however,  was  the  only 
place  where  the  radicals  indi- 
cated a  disposition  to  separate 
themselves  from  the  Whigs. 
Elsewhere  the  public  feeling  was 
intense,  direct,  and  unanimous. 
Without  any  efibrt  on  the  part  of 
the  ministers,  who  showed  them- 
selves deficient  in  that  active 
moral  energy  which  both  excites 
and  controls  the  storm,  the  nation 
was  completely  and  thoroughly 
roused  to  assert  its  rights ;  and  the 
attempt  of  the  House  of  Lords 
to  resist  it,  was,  with  no  less 
humor  than  logic,  compared  to 
the  conduct  of  a  notable  house- 
wife, striving  with  her  mops  and 
her  brooms  to  repel  from  her 
habitation  the  encroaching  waves 
of  the  exasperated  ocean.*  This 
was  a  just  and  true  picture  of  the 
contest  in  England.  The  power 
of  the  nation  was  arrayed  against 
a  small  faction,  which  entrench- 
ing   itself   behind    constitutional 


*  Extract  from  a  speech  of  the  Rev. 
Sidney  Smith,  at  a  reform  meeting, 
'*  The  attempt  of  the  Lords  reminds  me 
of  the  conduct  of  the  excellent.  Mrs. 
Partington,  on  occasion  of  the  great 
storm  at  Sidmouth.  A  great  flood  set 
in  upon  tlie  town — the  waves  rushed 
into  the  houses,  and  everything  was 
threatened  with  destruction.  In  the 
midst  of  this  sublime  and  terrible  storm, 
Dame  Partington,  who  lived  upon  the 
beach,  was  seen  at  the  door  of  her  house 
with  mop  and  pattens,  trundling  her 
mop,  sweeping  out  the  sea  water,  and 
vigorously  pushing  away  the  Atlantic. 
The  Atlantic  was  raised  and  "so  was 
Mrs.  Partington,  but  the  contest  was 
unequal.  The  Atlantic  beat  Mrs.  Par- 
tington. She  was  excellent  at  a  slop, 
or  a  puddle,  but  she  could  do  nothing 
with  a  tempest." 


280 


ANNUAL  REGISTER,  1830-31. 


forms  and  antiquated  observances, 
denied  all  concession  to  the  gen- 
eral welfare,  or  to  the  spirit  of 
the  age.  The  certainty  that  the 
contest  must  result  in  obedience 
to  the  national  will,  calmed  the 
minds  of  many,  and  induced  a 
general  acquiescence  through  the 
country  in  the  determination  of 
the  ministry  to  attempt  to  carry 
the  measure  at  an  adjourned  Ses- 
sion of  Parliament ;  but  in  cities 
where  large  masses  were  assem- 
bled, a  feeling  more  difficult  to 
control  prevailed.  That  class  of 
society  which  is  kept  in  restraint 
by  the  terrors  of  the  law,  always 
sympathises  with  the  general  feel- 
ing of  the  community.  The  mob, 
indiscriminating  as  it  is,  never 
moves  against  the  current  of  pub- 
lic feeling.  The  disregard,  by  the 
anti-reformers,  of  the  national  will, 
excited  all  classes,  according  to 
their  temperaments  ;  and  what  the 
reformers  sought  through  the  con- 
stitutional forms  of  petitions  and 
resolutions,  the  mob  endeavored 
to  obtain  by  intimidation  and  vio- 
lence. 

The  division  in  the  House  of 
Lords  brought  forth  together, 
the  addresses  of  the  political 
unions,  and  the  riots  and  disor- 
ders,' in  which  this  class  was  ac- 
customed to  express  the  feeling 
of  the  moment. 

At  Bristol  this  temper  pro- 
duced the  most  appalling  results. 

Sir  Charles  Wetherell,  the  Re- 
corder of  that  city,  had  made 
himself  conspicuous,  by  his  vio- 
lent opposition  to  the  reform  bill 
in  all  its  stages ;  and  strong  appre- 
hensions were  entertained,  that 
his  entrance  into  Bristol  upon  the 
occasion  of  holding  the  Municipal 


Court,  on  the  29th  of  October, 
would  draw  forth  some  expression 
of  the  popular  indignation. 

It  was  not,  however,  thought  ad- 
visable, either  by  the  municipality 
or  by  the  Recorder,  to  have  a  mili- 
tary force  ordered  out  to  prevent 
any  disturbance,  and  Sir  Charles 
entered  the  city  in  the  ordinary 
manner.  An  immense  concourse 
of  people  assembled  and  receiv- 
ed him  witli  hisses  and  groans. 
No  violence,  however,  was  at- 
tempted, until  the  court  had  ad- 
journed for  the  day,  and  the  Re- 
corder had  retired  to  dine  with 
the  municipality  in  the  mansion 
house,  to  which  place  they  were 
followed  by  the  crowd.  Some 
noise  and  disturbance  occurred 
there,  and  several  attacks  were 
made,  in  the  first  instance,  upon 
the  crowd,  in  the  indiscretion  of 
official  authority  to  secure  par- 
ticular individuals.  At  length 
they  succeeded  in  exasperating 
the  mob;  and  the  populace,  arming 
themselves  with  sticks  and  bludg- 
eons, made  an  attack  upon  the 
marshals  whom  they  dispersed, 
and  forced  their  way  into  the 
mansion  house,  which  they  pil- 
laged, and  which  was  only  saved 
from  conflagration  by  the  arrival 
of  the  military.  The  mob  still 
showed  no  disposition  to  disperse, 
but  opened  and  made  way  for 
the  soldiers,  whom  they  cheered 
as  they  passed .  About  midnight, 
however,  they  became  impatient 
of  the  restraint  of  the  troops,  and 
left  the  mansion  house  with  the 
intention  of  attacking  the  council 
house.  The  cavalry  were  then 
ordered  to  charge  upon  the  mob, 
and  a  conflict  took  place,  in  which 
one   of   the    rioters  w^as  killed. 


ENGLAND. 


281 


several  wounded,  and  order  was 
restored  for  the  night.  The  next 
day,  the  troops  were  withdrawn 
and  the  mob  soon  re-assembled 
and  completed  the  plunder  of  the 
mansion  house.  Like  a  ferocious 
animal  which  has  once  tasted 
blood,  the  mob  became  now  ex- 
cited beyond  the  power  of  con- 
trol. They  had  the  hardihood 
to  attack  the  military,  and  no 
magistrate  being  present  to  direct 
their  proceedings,  the  troops  were 
withdrawn  by  their  officers,  after 
firing  in  .^elf  defence,  by  which 
many  of  the  rioters  were  killed 
and  wounded.  They,  however, 
continued  to  press  upon  the  *sol- 
diers  until  they  had  retired  to 
their  quarters,  and  the  populace 
were  assured  by  Colonel  Bereton, 
their  commander,  that  the  14th 
regiment  should  be  withdrawn 
from  the  city. 

The  mob  now  considered  that 
they  had  achieved  a  triumph  over 
the  constituted  authorities,  and 
they  set  about  realising  the  fruits 
of  their  victory.  The  Bridewell 
and  gaol  were  first  broken  open, 
the  prisoners  released  and  the 
buildings  burnt.  The  Gloucester 
county  prison  shared  the  same 
fate.  The  mansion  house,  cus- 
tom house,  excise  office,  toll 
houses,  and  the  bishop's  palace, 
were  next  doomed  to  the  flames  ; 
and  finding  that  the  deliberate 
destruction  of  the  public  buildings 
met  with  no  resistance  from  the 
municipal  authorities,  or  the  sub- 
stantial inhabitants  of  the  place, 
(who  all  seemed  paralysed  by 
fear ;)  the  rioters  began  to  plunder 
and  destroy  indiscriminately  the 
dwelling  houses  of  the  citizens. 
A  small  band,  chiefly  of  boys,  pro- 


ceeded from  house  to  house, 
warning  the  inhabitants  to  retire  ; 
and  the  houses,  after  being  pil- 
laged, were  set  on  fire  with  a 
regularity  and  coolness  which 
rather  resembled  the  execution  of 
a  judicial  sentence,  than  the  law- 
less acts  of  a  riotous  mob. 

This  reign  of  anarchy  lasted 
the  whole  of  Sunday  and  Sunday 
night,  during  which  42  dwellings 
and  stores  were  pillaged  and 
burnt.  Carts  laden  with  plunder 
were  passing  to  and  fro  during 
the  whole  of  the  night,  and'  it  was 
not  until  Monday  morning,  when 
the  rioters  were  wearied  with 
rioting,  and  the  thieves  satisfied 
with  plunder,  that  the  citizens  and 
the  magistrates  recovered  from 
their  panic  and  came  forward  to 
restore  the  city  to  order. 

The  troops  were  then  called 
upon  to  clear  the  streets ;  and,  ex- 
asperated as  they  were  by  the 
appearance  of  the  city,  they  ex- 
ecuted their  orders  with  unwonted 
severity.  Upwards  of  one  hun- 
dred were  killed  and  wounded  by 
the  military,  besides  many  who 
perished  in  the  flames  from  the 
buildings  being  ignited  before  the 
work  of  pillage  was  wholly  com- 
pleted. After  order  was  restor- 
ed, measures  were  taken  to  search 
out  the  plunderers  and  the  plun- 
der, most  of  which  was  found 
restored  to  the  owners.  Many 
of  the  rioters  were  also  arrested 
and  committed  for  trial.  This 
specimen  of  the  character  of  the 
English  populace  was  not  well 
calculated  to  create  a  high  im* 
pression  of  their  fitness  to  exer^ 
cise  the  elective  franchise ;  the 
riot  was  felt  to  be  a  most  un- 
fortunate occurrence,  as  well  for 


ANNUAL  REGISTER,  1830—31. 


the  cause  of  reform,  as  for  the 
character  of  the  city  of  Bristol. 
Both  parties  endeavored  to  turn 
the  event  to  their  own  purposes. 
The  Tory  press  sought  to  make 
the  government  responsible  for 
the  whole  affair,  which  it  imputed 
to  the  encouragement  given  by 
the  ministers  to  the  political  un- 
ions ;  while  the  whig  papers,  with 
better  reason,  charged  it  upon  the 
contemptuous  disregard  of  the 
national  wishes  by  the  anti-re- 
formers ;  the  defiance  of  the 
popular  feeling  by  Sir  Charles 
Wetherell  in  openly  entering  Bris- 
tol without  taking  proper  precau- 
tions to  preserve  order,  and  the 
culpable  indifference  and  pusil- 
lanimity of  the  official  authorities 
of  the  city. 

The  government,  upon  the  first 
information  of  the  disorders,  took 
the  necessary  measures  to  re- 
store tranquillity  to  the  city,  and 
to  preserve  order  in  the  adjoin- 
ing districts,  where  a  similar  spirit 
of  insubordination  manifested  itself 
upon  hearing  of  the  Bristol  riots. 
With  some  exertions,  the  supre- 
macy of  the  laws  was  maintained. 

An  indication  not  to  be  mis- 
understood, however,  had  now 
been  given  of  the  temper  of  the 
mob  and  of  the  danger  of  its  as- 
cendancy. It  was  too  obvious, 
that  the  lower  classes,  both  in 
town  and  country,  were  ripe  for 
revolution ;  because  revolution 
would  bring  confusion,  and  with 
it,  the  opportunity  of  plunder. 
The  middling  classes  w^re  re- 
solved on  reform,  and  further  re- 
sistance to  the  national  will  might 


exasperate  the  demand  for  re- 
form into  a  call  for  revolution. 
The  privileged  orders  stood  on 
the  very  brink  of  destruction. 
The  cordial  agreement  between 
the  course  of  the  ministry  and  the 
wishes  of  the  people,  alone  pre- 
vented a  collision  between  the 
contending  parties  that  must  have 
proved  fatal  to  the  government 
itself;  and  the  resistance  of  the 
aristocracy  was  only  tolerated, 
because  it  was  regarded  as  an 
obstacle,  that  in  the  nature  of 
things  must  be  speedily  with- 
drawn. 

The  reform  in  the  House  of 
Commons  must  accordingly  be 
looked  upon  as  a  settled  event; 
and  whenever  it  shall  be  consum- 
mated, a  change  will  have  been 
effected  in  the  British  constitu- 
tion at  least  equivalent  to  a  rev- 
olution in  the  character  of  the 
government.  The  government 
must,  henceforth,  be  representa- 
tive in  reality  as  well  as  in  name. 
Its  policy,  both  domestic  and  for- 
eign, must  faithfully  reflect  the 
opinions  of  the  people  of  Eng- 
land ;  and  its  ministry,  naval,  colo- 
nial, and  ecclesiastical  establish- 
ments must  be  squared  to  their 
ideas  of  expediency.  How  this 
will  operate  upon  the  policy  and 
interests  of  other  nations,  are 
questions  which  can  be  solved  by 
time  alone  ;  but  it  requires  but 
little  of  the  spirit  of  prophecy  to 
foretell,  that  a  revolution  is  com- 
mencing in  England,  whose  con- 
sequences will  be  momentous  to 
more  than  the  inhabitants  of  the 
fast-anchored  isle. 


(283) 

COMPOSITION  OF  THE  HOUSE  OF  COMMONS— 1880. 

TABLE  I. 

ENGLISH     BOROUGHS. 

No.  •  No.  of 

Place.  of         Prevailing  Influence.  Nature  of  Suffrage.  Elec- 

Mem.  tors. 

Abinordon,     1    Money.  Inhabitants  paying  scot  and  lot,  400 

Albans,  St.    2    Earl  Verulam  and  Mayor,  Aldermen,  and  Freemen,  inhabi- 

Money.  tants,  paying  scot  and  lot,  800 

Aldborough,  2    D.  of  Newcastle.      Householders  paying  scot  and  lot,  60 

Aldeburgn,    2   Mar q.  of  Hertford.  Bailiffs,  Burgesses,  and  Freemen,  not  re- 
ceiving alms,  80 
Amersham,   2    W.  Drake.                Inhabitants,  paying  scot  and  lot,                   125 
Andover,       2    J.  A.  Smith.              Corporation, 

Appleby,        2    Earl  of  Thanet,       In  Burgage  tenure,  100 

Arundel,        2    Earl  of  Lonsdale.    Householders,  paying  scot  and  lot,  450 

Ashburton,    2    Money.  Freeholders  of  the  County  residing  with- 

in the  borough,  170 

Aylesbury,    2    Lord  Clinton  and     Freeholders  of  the  Hundred,  and  House-      • 
Sir  L.  V.  Palk.  holders  of  the  Borough,  not  receiving 

alms,  1000 

Banbury,       1    Earl  of  Guildford.    Mayor,  Capital  Burgesses,  and  Asisstants 

only,  20 

Barnstaple,    2    Money.  Corporation  and  Burgesses,  400 

Bassetlaw     2    Earl  Manvers  and    Freeholders  of  the  Hundred,  and  Inhabi-V-'-i 
(hundred  of),     D.  of  Newcastle.        tants  of  East  Retford,  1750 

Bath,  2    Corporation.  Mayor,  Aldermen,  and  Common  Council- 

men,  30 

Bedford,        2  Burgesses,  Freemen,  and  inhabitants,  not 

receiving  alms,  1500 

Bedwin,         2   M.  of  Aylesbury.     In  Burgage  tenure,  80 

Beeralston,    2    Earl  of  Beverley.     Burgage  tenure,  100 

Berwick-up- 2    M.of  Waterford&  Freemen,  resident  and  non-resident,  700 

on-Tweed         Money. 

Beverley,      2    Money.  Freemen  of  the  town,  who  acquire  the  right 

by  birth,  servitude,  or  purchase. 

Resident,  80 

Non-resident,  1100 

Bewdley,       1    Lord  Littleton  Burgesses,  45 

Bishop's        2    Earl  Powis.  Bailiffs  and  Burgesses,  '  60 

Castle, 
Bletchingly,  2   Mr  M.  Russell.        Borough  Freeholds,  80 

Bodmin,        2    D.    G.    Gilbert  &  Corporation,  36 

Marq.  of  Hertford. 
Borough-        2  D.  of   Newcastle,  Burgageholders,  50 

bridge,  disputed  by    Mr. 

Lawson. 
Bossiney,      2   L.  Wharncliffe  &  Freeholders,  35 

E.  R.  Tunno. 
Boston,  2    Money.  Freemen,  paying  scot  and  lot,  400 

Brackley,      2   R.  H.  Bradshaw.    Corporation,  33 

Bramber,       2    L.        Calthorpe  &  Burgageholders,  (resident),  20 

Duke  of  Rutland. 
Bridgenorth,2   Money.  Burgesses  and  Freemen,  within  and  with- 

out the  borough,  800 

Bridgewater,2  Inhabitants  paying  scot  and  lot,  300 

Bridport,        2    Money.  Inhabitants  paying  scot  and  lot,  340 

Bristol,  2    Corporation  and      Freeholders,  and  Freeburgesses. 

Money.  Resident,  5000 

Non-resident,  3000 


284  ANNUAL  REGISTER,  1830—31. 

^'o-  Ko.of 

Place.  of         Prevailing  Influence.  Nature  of  SufiTi  age.  Elec- 

Mem.  tors. 

Bucking-      2    D.  of  Buckingham.  BailiiFs  and  Burgesses,  13 

ham, 
Bury  St.  Ed- 2    D.  of  Grafton  &    Corporation,  88 

mnnds,  Marq.  of  Bristol. 

CnKington,    2    Mr  A.  Baring.  Householders  paying  scot  and  lot,  50 

Caliie,  2    M.  of  Lansdowne.    Burgage  tenure,  24 

Camb.   Unl-  2  Doctors,  and  actual  Masters  of  Arts,  1200 

versity, 

Cambridge,  2  Duke  of  Rutland.  Mayor,  Bailiffs,  and  Freemen,  not  receiv- 
ing alms,  240 
Camelford,  2  M.  of  Cleveland.  Freemen  being  bona  fide  householders,  25 
Canterbury,  2  Money.  Freemen,  resident  and  non-resident,  1600 
Carlisle,  2  Earl  of  Lonsdale.  Freemen,  600 
Castle  Ris-    2    M.of  Cholmondele  Corporation,                                                      40 

ing,  &  F.  G.  Howard. 

Chester,         2    Earl  Grosvenor  &  Corporation  and  Freemen  not  receiving 
Corporation.  alms,  who  have  been  resident  an  entire 

year  next  before  the  election,  1000 

Chichester,   2   D.  of  Richmond  4&-  Inhabitants  paying  scot  and  lot,  700 

Money. 
Chipperiham,2   Mr.  Neeld.  Burgageholders,  135 

Christchu'h,  2    Sir  G.  Rose.  Corporation  and  burgesses,  50 

Cirencester,  2    Lord  Bathurst  &  Inhabitant  householders,  700 

J.  Cripps. 
Clitheroe,      2    Earl  Howe  and        Burgesses  and  Freemen,  45 

Earl  Brownlow. 
Cocker-         2    Earl  Lonsdale.          Burgageholders,  180 

mouth,  , 

Colchester,    2    Corporation  and      Free   Burgesses,  resident  and    non-resi- 

Money.  dent,  1800 

Corfe  Castle,2   Mr.  H.  Bankes.        Burgageholders,  50 

Coventry,      2    Corporation  and       Mayor,  Aldermen,  and  Freemen,  resident 

Money.  and  non-resident,  2500 

Cricklade,     2    J.Pitt.  Freeholders  of  the  Hundred,  1350 

Dartmouth,  2    Mr  Holdsworth.       Corporation  and  Freemen,  100 

Derby,  2  D .  of  Devonshire.    Corporation,  Freemen,   and  sworn   Bur- 

gesses, 800 

Devizes,        2    Corporation  and       Mayor,  and  select  number  of  Burgesses,       40 

G.  W.  Taylor. 
Dorchester,  2   R,  Williams  and      Payers  of  church  and  poor-rates  in  respect 
E.  of  Shaftesbury,      of  real  estates, within  the  borough, though 

not  inhabitants  or  occupiers,  200 

Dover,  2   Warden  of  the      Freemen  and  Freeholders.     Resident,       1450 

Cinque  Ports  and  Non-resident,  1200 

Money. 
Downton,      2    Earl  of  Radnor.       Burgageholders,  60 

Droitwich,    2   Lord  Foley.  Corporation,  12 

Dunwich,      2   M.  Barne  and  Bailiffs  and  Burgesses,  18 

L.  Huntingfield. 
Durham  city ,2   Money.  Freemen,  resident  and  non-resident,  1200 

East  Looe,    2    Mr.  Hope.  50 

Evesham,      2    Bribery.  Common  Burgesses,  600 

Exeter,  2    Corporation  and       Freeholders  and  Freemen,  1600 

Money. 
Eye,  2    Sir  E.  Kerrison        Free  Burgesses  and  Corporation,  inhabi- 

tants paying  scot  and  lot,  100 

Fowey,  2   Mr  Austin  and        Freeholders  and  inhabitants,  paying«scot 

Mr  Lucy.  and  lot,  70 

Gatton,  2    Lord  Monson.  Freeholders,  inhabitants  paying  scot  and 

lot,  5 

Germain  St.  2    Earl  St.  Germains.    Housekeepers.  70 


ENGLAND. 


285 


No. 

of 

Mem. 


Prevailing  Influence. 


Gloucester    2  Corporation  and 
City,  Money. 

Grantham,    2  Money. 

G.  Grimsby,  2  Money. 

E.Grinstead,2  Earl  Delaware. 

Guildford,     2  Lord  Grantley. 

Harwich,       2  The  Treasury. 

Haslemere,    2  Earl  of  Lonsdale 


Nattire  of  Suflrage. 

Freemen,  resident  and  non-resident. 


No. 

of 

Elec. 

2200 


Freemen,  resident  and  non-resident,  not 

receiving  alms,  800 

Resident  Freemen  paying  scot  and  lot,        300 


Burgageholders, 


30 


Resident  Freemen,  and  Freeholders,  pay- 
ing scot  and  lot,  180 
Corporation,  32 
Freeholders,  60 


Hastings,      2   Treasury,  through  Mayor,  Jurats,  and  Freemen,  not  receiving 


Hedon, 
Helston, 
Hereford, 
Hertford, 


Mr.  Milward 
2   Money. 
2    Duke  of  Leeds. 
2    Money. 
2    Marq.  Salisbury, 
Money. 


alms, 


Heytesbury,  2   Ld.  Heytesbury. 

Higham  Fer-      Ld.  Fitzwilliam. 

rers,  2 

Hindon, 


Corporation  and  Freemen, 
Freemen,  resident  and  non-resident, 
Inhabitant  Householders  and  Freemen. 

Resident, 

Non-resident, 
Burgageholders, 


200 

380 

30 

1206 

550 

150 

50 

145 

240 


2   Ld.  Grosvenor  <&    Inhabitants  paying  scot  and  lot, 
Ld.  Calthorpe. 
Honiton,       2   Money.  Inhabitant  Householders  paying  scot  and 

lot,  350 

Horsham,      2   Duke  of  Norfolk.    Tenants  of  Freeholds,  resident  and  non- 
resident— Burgage  tenure,  25 
Huntingdon, 2    Earl  of  Sandwich,  Corporation  and  Freemen 


Hythe, 
Ilchester, 


2    Corporation  and 

Patronage. 
2    Ld.  Cleveland  dis-  Inhabitants, 


240 
Mayor,  Jurats,  Common  Council  men,  and 
Freemen,  150 

70 


Ipswich,        2   Money. 


puted  by  LdHun- 
tingtower. 


Corporation  and  Freemen,  resident  and 


1100 
200 
300 

1700 

110 

1700 
15 


non-resident_ 
Ives,  St.        2   Mr.  Wellesley.        Inhabitants  paying  scot  and  lot, 
King'sLynn,2    D.  of  Portland  and  Freemen, 

Lord  Orford. 
Ein<rston-up-2   Money.  Burgesses, 

on-Hull, 
Knaresbo-      2    Duke    of   Devon-  Burgageholders, 
rough,  shire. 

Lancaster,     2   Money.  Freemen, 

Launceston,2   D.ofJVortumb'and.  Corporation  and  Freemen, 
Leicester,      2   Corporation  and      Burgesses,  and  Householders,  paying  scot 

Money.  and  lot,  5000 

Leominster,  2    Money.  Capital  JBurgesses,  and  Inljabitants,  pay- 

ing scot  and  lot,  700 

Lestwithiel,  2   E.  of  Mount  Edge-  Mayor,  Capital  Burgesses,  and  Assistants,    24 
cumbe. 

Inhabitant  Householders  paying  scot  and 

lot,  400 

2   Money.  Freemen,  1300 

2   E.  St.  Germain's.    Mayor  and  Burgesses,  105 

2    Lord  Anson  and      Burgage  tenures  and  freeholds,  600 

Corporation. 
2   Corporation  Freemen, 

Money. 
4  Ex-Freemen  and  Liverymen  of  the  city,  12000 

25 


Lewes,  2 

Lincoln, 

Liskeard, 

Litchfield, 

Liverpool, 

London. 


286 


ANNUAL  REGISTER,  1830— at. 


riace. 


No. 

of 

Mem. 


rrevaiiing  Influence. 


Nature  of  Suffrage. 


Ludgeishall,2    Sir  G.  Graham  &    Freeholders  and  Leaseholders  for  life,  resi- 

Mr.  Everett.  dent  or  non-resident,  70 

Ludlow,         2    EarlofPowis.  Mayor,  Burgesses,  and  Commonalty,  500 

Lyme  Regis,!8    Earl  of  Westmore-  Capital  Burgesses  and  Freemen,  resident 


land. 

Lymington,  2  Sir  H.  B.  Neale. 
Maidstone,  2  Corporation  and 
Money. 


or  non-resident. 
Mayor  and  Burgesses, 
Freemen  not  receiving  alms. 


30 

70 

900 


Maidon,         2  Freemen,  2000 

Malmsbury,  2    Mr.  Pitt.  Aldermen  and  Capital  Burgesses,  13 

Malton,          2    EarlFitzwilliam.    '  Burgageholders,  270 

Marlboro',     2    M.  of  Alesbury.       Capital  Burgesses,  21 

Marlaw,  Gt.  2   Mr.  O.  Williams.     Inhabitants  of  Burgagehouses  paying  scot 

and  lot,  235 

Mawes,  St.    2    D.  of  Buckingham.  Burgageholders,  20 

Michael's,St.2    J.  H.  Hawkins  &    Superior,  and  Deputy  Lords,  and  inhabi- 

Lord  Falmouth.  tants,  paying  scot  and  lot,  32 

John  Smith.  Burgage  tenure,  18 

Marq.of  Anglesea.  Burgage  tenures,  and  Inhabitants,  paying 

scot  and  lot,  90 

Mr.  Luttrell.  Burgage  tenures,  10 

Duke  of  Beaufort.    Burgesses  being  Inhabitants,  200 

Earl  of  Carlisle  &,  BaiUffs  and  free  Burgesses,  400 

William  Ord. 
2    D.  of  Newcastle.    Mayor,  Aldermen,  and  Inhabitants,  paying 

scot  and  lot,  1700 

Freemen  residing  in  the  Borough,  700 


Midhurst, 
Milburne 

Port, 
Minehead, 
Monmouth 
Morpeth, 


Newark-up 

on  Trent, 
Newcastle- 

undee-Line, 
Newcastle-    2 

tipon-Tyne, 
Newport,       2 

Cornwall, 
Newport,      2 
Isle  of  Wight, 
Newton,        2 


2  Money. 

Corporation  and 
Money 


Corporation  and  free  Burgesses,  resident 
and  non-resident,  2500 


Duke  of  Northum-  Burgageholders,  and  Inhabitants  at  large, 


berland. 
Holmes  family. 


paying  scot  and  lot, 
Mayor,  Aldermen,  and  Burgesses, 


Mr.  Leigh. 
Newton,Isle  2   Ld.  Yarborough  &  Burgage  tenures, 
of  Wight,  Sir  F.  Barrington. 

E.  of  Harewood. 


Northaller 

ton, 
Northamp-     2 

ton, 
Norwich,       2 

Nottingham,  2 


62 

24 

GO 
40 

200 


Corporation  and 
Money. 

Corporation  and 
Money. 


Burgageholders, 

Inhabitant    Householders    not  receiving 

alms,  1000 

Freemen  and  Freeholders,  4500 


Oakh'mpton  2   Money. 

Orford,  2    Marq.  of  Hertford.  Corporation 


Corporation,  freemen,  resident  and  non- 
resident, 4500 
Freemen  and  Freeholders,  250 

20 


Oxford  Uni-  2 
versity, 

Oxford  City,2  Corporation  and 

Money. 

Penryd,         2  Money. 

Peterboro',    2  Earl  Fitzwilliam. 

Petersfield,    2  Colonel  Joliffe. 


Doctors  and  Actual  Masters  of  Arts, 


1200 


Plymouth, 
Plympton, 

Pontefract, 


2   The  Admiralty. 
2   Mr.  Treby  and 

E.Mt.Edgecumbe. 
2   Money. 


Mayor,    fifteen    Magistrates,     Common- 
Council,  and  Freemen,  1500 
Inhabitants  paying  scot  and  lot,  400 
Inhabitant    Householders    not  receiving 
alms,                                                             460 
Freeholders   of  land  and   ancient   dwel- 
lings, 140 
Mayor  and  Freemen,  230 
Freemen,  210 


Inhabitant  Householders,  resident. 


620 


ENGLAND. 


287 


No. 
Place.         of 
Mem 

Poole,  2 

Portsmouth,  2 
Preston,  2 
Queenboro',  2 

Reading,        2 

Richmond,  2 
Ripen,  2 

Rochester,     2 

RomneyNew2 
Rye,  2 

Ryegate,        2 

Salisbury,      2 

Saltash,  2 
Sandwich,  2 
Sarum,  Old,  2 
Scarborough2 

Seaford,       •  2 

Shaftesbury,  2 
Shoreham,     2 

Shrewsbury,  2 

Southamp-    2 

ton. 
South wark,  2 
Stafford,        2 


Prevailing  lufluence 

Nature  of  Suffrage. 

No. 

of 
Elec. 

Corporation  and 

Corporation  and  Freemen, 

100 

W.  Ponsonby. 

Corporation. 

Mayor  and  Burgesses, 

100 

Inhabitants  at  large,                      ^ 

6000 

Money  and 

Burgesses, 

270 

Ordnance. 

Corporation  and 
Money. 
Lord  Dundas. 

Inhabitants  paying  scot  and  lot. 

700 

Burgageholder^, 

270 

Miss  Lawrence. 

Burgageholders, 

150 

Money  and 

Treasury. 

Sir  E.  Deering. 

Freemen  not  receiving  alms. 

760 

Mayor,  Jurats,  and  Commonalty, 

150 

Dr.  Lamb. 

Corporation  and  resident  Freemen, 

25 

E.  ofHardwicke&  Freeholders, 

200 

Lord  Somers. 

Earl  of  Radnor  & 

Corporation, 

54 

Mr.  Wyndham. 

Mr.  Buller. 

Burgageholders, 

36 

Money. 

Freemen,  resident  and  non-resident. 

955 

Lord  Caledon. 

Burgageholders, 

2 

Dukeof  RutlandiSt  Corporation  and  Freemen, 

44 

Lord  Mulgrave.. 

, 

J.  Fitzgerald  & 

Inhabitant  Householders  paying  scot  and 

Lord  Seaford. 

and  lot. 

93 

Lord  Grosvenor. 

Inhabitants  pavingf  scot  and  lot. 

300 

Lord  Egremont  &  Freeholders  "of  the" Rape  of  Bramber, 

1350 

Duke  of  Norfolk 

Corporation  and 

Money. 

Money. 

Resident  Burgesses, 

1000 

Non-resident,  and  Inhabitant  Burgesses 

J 

Money. 


Stamford,      2  Marq,  of  Exeter. 

Steyning,      2  Duke  of  Norfolk. 

Stockbridge,2  Lord  Grosvenor. 

Sudbury,       2  Money. 

Tamworth,    2  Ld.C.  Townshend. 

and  Sir  R.  Peel. 

Tavistock,     2  Duke  of  Bedford. 

Taunton,       2  Money. 


Tewkesbury  ,2 
Thetford,       2 


Thirsk, 

Tiverton, 

Totness, 


Duke  of  Grafton& 
Mr.  A.  Baring. 
Sir  T.  Frankland. 
Earl  of  Harrowby. 
Corporation. 


Tregony,       2  Mr.  J.  A.  Gordon. 

Truro,  2  E.  of  Falmouth. 

Wallingford,2  Money. 

Wareham,     2  Mr.  Calcraft. 

Warwick,      2  E.  of  Warwick. 

Wells,  2  Money. 


and  Inhabitants  paying  scot  and  lot,  800 

Inhabitants  paying  scot  and  lot,  3500 

Mayor,  Aldermen,  and  Burgesses,  within 
the  Borough,  600 

Inhabitants  paying  scot  and  lot,  540 

Inhabitants  paying  scot  and  lot,  110 

Burgage  tenure,  106 

Freemen,  by  birth,  servitude,  or  redemp- 
tion, *  800 
Inhabitant  Householders  paying  scot  and 
lot,  300 
Freeholders  of  the  county  within  the  bor- 
ough, 24 
Inhabitant    Potwallopers    not    receiving 
alms,                                                             450 
Freemen  and  Freeholders,                             500 
Corporation  and  Burgesses,  31 

Burgageholders,  60 
Corporation,  25 
Corporation  and  Freemen,  resident  and 
non-resident,  58 
Potwallopers,  180 
Corporation,  26 
Corporation,  180 
Mayor,   Recorder,  6  Capital   Burgesses, 
and  12  Assistants,  20 
Housekeepers  paying  to  the  church  and 
poor,  550 
Mayor,   Masters,   Burgesses,  and    Free- 
men, 450 


288 


ANNUAL  REGISTER.  1830—31. 


No. 
Place.  of  Prevailing  Influence. 

Mem. 


Nature  of  Suffrage. 


Wendover, 
Wenlock, 
V/eobley, 
Westbury, 
West  Looe, 


Westmi'ster,2 

Weymouth    4 
&  Mel.  Regis, 

Whitchurch,  2 


Lord  Carrington.     Inhabitants  living  in  Burgage  houses, 

Lord  Forester.  Burgesses  at  large, 

Marquis  of  Bath.      Inhabitants  of  the  ancient  vote  houses, 

Sir  M.  Lopez.  Burgage  houses, 

Mr.  Buller.  Corporation, 

Inhabitant  Householders  paying  scot  and 
lot,  17000 

Burgesses    and   Freeholders  within    the 


No. 

of 

Elec. 

140 

110 

90 

70 

55 


Wigan,  2 

Wilton,  2 

Winchelsea,  2 
Winchester,  2 


Windsor,  2 

Woodstock,  2 

Wootton  2 

Basset, 

Worcester,  2 


Trustees  of  Sir  F. 

Johnstone   and 

Money. 

Sir  S.  Scott  and 
Lord  Sidney. 
Earl  of  Balcarras 
Earl  Pembroke. 
M.  of  Cleveland. 
Lady  Mildmay  and  Corporation, 
D.of  Buckingham. 
The  Brewery  and    Inhabitants  paying  scot  and  lot, 
The  Court. 
D.of  Marlborough 
Mr.  Pitt  and 
Earl  Clarendon. 
Corporation  and 
Money. 


borough, 

Burgage  freeholds. 

Free  Burgesses, 
Mayor  and  Burgesses, 
Freemen, 


Freemen, 
Freemen, 


700 

70 

219 
20 
40 
34 

750 

400 
100 


Citizens  by  birth,  servitude,  or  redemp 
tion,  not  receiving  alms, 
Wycombe,    2    Sir  J.  D.  King  and  Mayor,  Bailiffs,  and  Burgesses,  not  re- 
Corporation,  ceiving  alms, 
Money.                      Burgesses  at  large, 


Yarmouth, 

Gt. 
Yarmouth, 

I.  W. 
York, 


The  Holmes  Fam-  Mayor,  Capital  and  Free  Burgesses, 

Corporation  and       Freemen, 

Money. 

Nominees  returned  by  themselves  or  relatives,  122 

Nominees  returned  by  other  patrons,  143 

Members  for  open  boroughs,  142 

Total,  407 


2000 

65 
1700 

'  5^ 

3500 


WELCH   BOROUGHS. 


Beaumaris,  1 

Brecon,  1 

Cardiff,  1 

Cardigan,  1 

Carmarthen,  1 
1 

1 
1 
1 


Mr.  Bulkeley. 
Sir  C.  Morgan. 
Marquis  of  Bute. 
Mr.  Powell  and 
Mr.  Pryse. 


Carnarvon, 

Denbigh, 

Flint, 

Haverford     1    Sir  R.  B.  Phillips. 

West, 
Montgom'ry,!    Earl  Powle. 
New  Radnor,! 
Pembroke,     1 

Number  of  members  from  Welch  Boroughs, 


Corporation, 

24 

Capital  Burgesses, 

20 

Burgesses,* 

1250 

Burgesses,* 

1500 

Burgesses, 

160 

Burgesses,* 

800 

Burgesses,* 

1000 

Inhabitants  paying  scot  and  lot, 

4 

Freeholders,  Burgesses 
paying  scot  and  lot, 

and  Inhabitants, 

500 

Burgesses, 

80 

Burgesses,* 
Burffesses  * 

1150 
500 

12 


*  In  conjunction  with  the  Burgesses  of  some  other  Welch  Boroughs,  as  in  the 
case  of  the  Scotch  District  Burghs. 


ENGLAND: 


389 


IRISH    BOROUGHS. 


Place. 


No. 

of 

Mem. 


Prevailing  Influence. 


Nature  of  Suffrage. 


No. 

of 

Elec. 


Armagh, 

[    Primate  of  Ireland. 

Burgesses, 

13 

Athlone, 

L     Lord  Castlemaine. 

Burgesses, 

71 

Bandonbridge, 

[     Earl  of  Bandon. 

Burgesses, 

13 

Belfast, 

L     Marq.  of  Donegal. 

Burgesses, 

13 

Carlo  w, 

I     Earl  of  Charleville. 

Burgesses, 

13 

Carrickfergus, 

I     Marq.  of  Downshire. 

Freemen, 

860 

Cashel, 

I     Himself. 

Burgesses, 

26 

Clonmel, 

I     The  Bagwells. 

Corporation, 

105 

Coleraine, 

I     The  Beresfords. 

Corporation, 

36 

Cork, 

2    Money. 

Corporation  and  Freeholders,  2800 

Downpatrick, 

I 

Inhabitants, 

2200 

Drogheda, 
Dublin, 

1 

Freeholders  and  Freemen, 

1150 

2    Corporation. 

Corporation  and  Inhabitants 

> 

Dublin  University, 

I 

Provost,  Fellows,  and  Scholars,  92 

Dundalk, 

L     Lord  Roden. 

Corporation, 

36 

Dungannon, 

1.     Lord  Northland. 

Burgesses, 
Freeholders, 

12 

Dungarvon, 

L     Duke  of  Devonshire. 

1708 

Ennis,                        ] 

I     Sir.  E.  O'Brien. 

Burgesses, 

13 

Enniskillen, 

I     Lord  Enniskillen. 

Burgesses, 

15 

Galway,                     ] 

L     Mr.  J.  Daly. 

Corporation, 

Kilkenny, 

I 

Freemen, 

350 

Kinsale, 

I     Lord  de  Clifford. 

Burgesses, 

64 

Limerick, 

I 

Inhabitants, 

3200 

Lisburne,                    ] 

L     Marq.  of  Hertford. 

Corporation, 

56 

Londonderry, 

I 

Freemen, 

650 

Mallow,                      ] 

.     Himself. 

Freeholders, 

560 

Me  wry, 

L     Earl  of  Kilmorey, 

Inhabitants, 

2500 

New  Ross, 

L 

Burgesses, 

32 

Portarlington,            ] 

Earl  of  Portarlington. 

Burgesses, 

15 

Sligo,                         ] 

L    Himself. 

Burgesses, 

13 

Tralee,                      1 

[     The  Denny  Family. 

Burgesses, 

13 

Waterford,                 ] 

I 

Corporation  and  Freeholders, 

1300 

Wexford,                   ] 

.     Marquis  of  Ely. 

Burgesses, 

Youghall,                  ] 

Duke  of  Devonshire. 

Corporation  and  Inhabitants, 

242 

Number  of  mem 

bers  from  Irish  Boroughs 

3C 

ENGLISH    COUNTIES. 


Place.            Mem. 

Place.             Mem. 

Place.              Mem. 

Place.            Mem. 

Bedfordshire,       2 

Durham,               2 

Lincolnshire,        2 

Somersetshire,      2 

Berkshire,             2 

Essex,                   2 

Middlesex,            2 

Staffordshire,        3 

Buckinghamsh.,  2 
Cambridgeshire,  2 

Gloucestershire,  2 

Monmouthshire,  2 

Suffolk,                 2 

Hampshire,           2 

Norfolk,                 2 

Surrey,                  2 

Cheshire,              2 

Herefordshire,      2 

Northampton sh.,  2 

Sussex,                  2 

Cornwall,             2 

Hertfordshire,       2 

Northumberland,  2 

Warwickshire,     2 

Cumberland,        2 

Huntingdonsh.,    2 

Nottinghamshire ,  2 

Westmoreland,     2 

Derbyshire,          2 

Kent,                     2 

Oxfordshire,          2 

Wiltshire,             2 

Devonshire,         2 

Lancashire,           2 

Rutlandshire,        2 

Worcestershire,  2 

Dorsetshire,         2 

Leicestershire,      2 

Shropshire,           2 

Yorkshire,            4 

Number  of  members  from  English  Counties,                                          82 

WELCH    COUNTIES. 

Angleseashire,     1     Carmarthenshire,! 

Flintshire,             1 

Montgomerysh.,  1 

Brecknockshire,  1 

Carnarvonshire,   1 

Glamorganshire,  1 

Pembrokeshire,    1 

Cardiganshire,      1 

Denbigshire,        1 

Merionethshire,   1 

Radnorshire,         1 

Number  of  members  from  Welch  Counties,                                          12 

*25 

290 


ANNUAL  REGISTER,  1830—31. 


IRISH    COUNTIES. 


Place. 

Mem. 

Place. 

Mem. 

Place. 

Mem. 

Place. 

Mem. 

Antrim, 

2 

Dublin, 

2 

Limerick, 

2 

Roscommon, 

2 

Armagh, 

2 

Galvvay, 

2 

Londonderry, 

2 

Sligo, 

2 

Carlow, 

2 

Fermanagh, 

2 

Longford, 

2 

Tipperary, 

2 

Cavan, 

2 

Kerry, 

2 

Louth, 

2 

Tyrone, 
Waterford, 

2 

Clare, 

2 

Kildare, 

2 

Mayo, 

2 

2 

Cork, 

2 

Kilkenny, 

2 

Meathshire, 

2 

Westmeath, 

2 

Donegal, 

2 

King's 

2 

Monaghan, 

2 

Wexford,    ' 

2 

Down, 

2 

Leitrim, 

2 

Queen's 

2 

Wicklow, 

2 

Number  of  members  from  Irish  Counties, 


64 


SCOTCH    COUNTIES. 


Aberdeen, 
Argyle, 

Banff, 
Berwick, 

Bute  &  Caithness,! 
Clackmannan    & 
Kinross, 


Number  of  members  from  Scotch  Counties, 


Cromarty     anc 

Inverness,             1 

Perth,                    I 

Nairnshire, 

Kincardine,          1 

Renfrew,               1 

Dunbarton, 

Kirkcudbright,     1 

Ross,                      1 

Dumfries, 

Lanark,                 1 

Roxburgh,             1 

Edinburgh, 

Linlithgow,           1 

Selkirk,      .           1 

,1 

Elgin, 

Orkney  &  Shet- 

Stirling,                1 
Sutherland,           1 

Fife, 

land,                      1 

1 

Forfar, 
Haddington, 

Peebles,                 1 

Wigton,                 1 

30 


SCOTCH    BURGHS. 


Aberdeen, 

1 

Dysart, 

1 

Jedburgh, 

1 

Perth, 

1 

Anstruther, 

1 

Edinburgh, 

1 

Inverness, 

1 

Stirling, 

1 

Ayr,  Irvine 

1 

Elgin, 

1 

Kirkwall, 

1 

Wigton, 

1 

Dumfries, 

1 

Glasgow, 

1 

Peebles, 

1 

Number  of  members  from  Scotch  Burghs, 


15 


ENGLISH    BOROUGHS. 


TABLE  II. 


Fifty  Boroughs  in  Schedule  A — i.  e.  having  less  than  2000  population,  by  the 
census  of  1831 ;  including  Wilton,  and  Downton  and  St.  Germains. 


Boroughs. 

Aldeburgh, 

Appleby, 

Beeralston, 

Bishop's  Castle, 

Bletchingley, 

Boroughbridge, 

Bossiney, 

Bramber, 

Callington, 

Camelford, 

Castle  Rising, 

Corfe  Castle, 

Dunwich, 

Fowey, 

Gatton, 

Hasiemere, 

Hedon, 

Heytesbury, 

Higham  Ferrers, 

Hindon, 


Popula- 
tion. 
1831. 

1538 
1359 

1729 

1203 

950 

1006 

97 

1388 

1359 

888 

960 

232 

1767 

145 

849 

1080 

1413 

965 

921 


Ass'd 

Houses,  Tax's 

1821.  1830. 

268  297 

145  487 

3 

344  311 

85  390 

158  358 


52 

35 


46 
16 


232  221 

110  127 

111  127 
156  104 

38  75 

310  273 

23  206 

124  379 

182  270 

26  306 

154  168 

163  100 


Elect's 
Uni. 
Suff. 

307 
271 
375 
345 
240 
190 
201 

19 
277 
271 
177 
192 

46 
353 

29 
169 
216 
282 
193 
184 


Ilchester, 

Looe,  West 

Looe,  East 

Lostwithiel, 

Ludgershall, 

Midhurst, 

Minehead, 

Newport,  C. 

Newton,  I.  W. 

Orford, 

Petersfield, 

Plympton, 

Queenborough, 

Romney,  New 

St.  Mawes, 

St.  Michael, 

Sarum, 

Seaford, 

Steyning, 

Stockbridge, 

Tregony, 

Weobley, 


975 

165 

145 

195 

593 

107 

53 

118 

865 

142 

92 

173 

1074 

206 

344 

214 

535 

116 

122 

107 

1478 

234 

802 

295 

1494 

265 

316 

298 

1084 

180 

116 

216 

68 

14 



13 

1302 

217 

144 

260 

1423 

202 

513 

284 

804 

128 

314 

160 

786 

175 

82 

157 

378 

165 

352 

75 

459 

101 

31 

91 

97 

24 

34 

19 

12 

2 

12 

3 

1098 

217 

315 

219 

1436 

127 

369 

287 

851 

134 

252 

170 

1127 

188 

no 

222 

819 

118 

231 

165 

ENGLAND. 


291 


Whitchurch,  1673  268  343  334  Yarmouth,  W. 

Winchelsea,  772  187  217  154  Downton, 

Woodstock,  1320  258  487  264  St.  Germains, 

Wootton  Basset,  1896  379  321  379  Wilton,  (B) 


586  97  172  117 

3961  582  361  799 

2586  99  341  512 

1997  299  492  397 


TABLE  m. 


Forty  Boroughs  in  Schedule  B  having  less  than  4000,  and  more  than  2000  of 
population,  by  the  census  of  1831. 

Popiila-  Ass'd  Elect's 

Boroughs.  tion,     Houses,  Tax'a     Uni. 


1831.      1821.     1830.    Suff. 


Aldborough, 

Ameisham, 

Arundel, 

Bodmin, 

Buckingham, 

Chippenham, 

Dorchester, 

Droitwich, 

Evesham, 

Grinstead,  E. 

Guildford, 

Helston, 

Honiton, 

Huntingdon, 

Hythe, 

Launcesnto, 

Liskeard, 

Lyme  Regis 

Lymington, 


2475 

2816 
2803 
3375 
3610 
3629 
3033 
2487 
3976 
3364 
3813 
3293 
3509 
3267 
2287 
2231 
2853 
2621 
3361 


258  474  495 

494  880  563 

472  877  560 

467  984  675 

287  842  722 

174  1057  725 

405  2103  606 

474  519  497 

746  1297  795 

444  855  672 

565  1630  762 

466  883  658 

697  1125  701 

538  1773  657 

437  640  454 

253  537  446 

414  542  479 

401  852  522 

417  1077  620 


Maldon, 

Malmesbury, 

Marlborough, 

Marlow, 

Okehampton, 

Reiffate, 

Richmond, 

Rye, 

Saltash, 

Shaftesbury, 

Thetford, 

Thirsk, 

Totness, 

Wallingford, 

Bedwin,  G. 

Brackley, 

Eye, 

Milbourne  Port, 

Newton,  L. 

Ware  ham, 

Wendover, 


3831 

606  1114 

763 

2785 

275  338 

557 

3426 

488  1276 

685 

2863 

494  1741 

572 

2055 

315  383 

411 

3397 

217  662 

679 

3900 

748  1399 

780 

3715 

574  815 

743 

3092 

234  126 

618 

3061 

546  528 

612 

3462 

602  887 

692 

2835 

591  606 

567 

3442 

356  1088 

688 

2545 

386  1073 

509 

2191 

125  627 

438 

2107 

354  302 

421 

2313 

340  411 

462 

2072 

302  210 

414 

2137 

275  151 

427 

2325 

417  560 

465 

2008 

148  272 

401 

TABLE  IV. 


Houses, 
1821. 


Ass'd  Electors 
Tax's         Uni. 


Boroughs  not  included  in  Schedules  A  or 
included  in  the  latter,  but  have  now  a 

Popula- 
Boroughs.        tion, 
1831. 

Abingdon,       5622  355  1124 

Andover,        4748  810  1704  949 

Ashburton,     4165  '341  413  833 

Aylesbury,     4450  886  1220  890 

Banbury,        1118  101  511  111 

Barnstaple,     6840  805  1455  1368 

Bath,             38063  5494  158a5  7812 

Bedford,          6959  1104  2047  1391 

Berwick,         8920  1061  2130  1784 

Beverley,        7422  1513  SOOO  1486 

Bewdley,        4003  918  925  800 

Boston,          11240  2231  2953  2248 

Bridgenorth,  5298  1021  1363  1059 

Bridge  water,  7807  1110  2711  1561 

Bridport,         4242  604  762  848 

Bristol,          59034  8451  33641  11806 

Bury  StEd's  11436  1960  4994  2287 

Caine,             4795  461  1581  959 

Cambridge,  20917  2682  7751  4183 

Canterbury,  12190  2621  4585  2438 

Carlisle,        19069  1014  3798  3813 

Chester,        21331  4076  37732  4266 

Chippenham,  4333  541  1057  866 

Chichester,     8270  1328  3785  1654 

Christchurch,1599  936  557  319 

Cirencester,    4520  900  2731  904 

Clitheroe,       5213  550  406  1042 


B,  together  with  such  as  were  formerly 
population  exceeding  4000. 
Cockermouth  4536  766 
Colchester,  16167  2768 
27298  4470 
11661  '2266 
4597  607 
23627  3516 
4562  488 
14381  2847 
9262    1175 


Coventry, 

Cricklade, 

Dartmouth, 

Derby, 

Devizes, 

Dover, 

Durham, 

Exeter, 


609  907 
5713  3233 
6658  5439 
2565 

656  227 

5488  3412 

1746  529 

3340  2875 

3783  1886 


28242    3432    22497    5642 


Gloucester,  11373    1794 
Grantham,      7427      766 


4765    2271 
2196    1485 


Grimsby, 

Harwich, 

Hastings, 

Hereford, 

Hertford, 

Hersham, 

Hull, 

Ipswich, 


4225  734 

4297  699 

10097  1068 

10351  1929 

4028  656 


461 
906 


849 
859 


5144  2010 

4155  2075 

2394  801 

5105   288   1209  1021 

32958  5350  16182  6590 


20454  3412 


Kings  Lynn,  13370    2323 
Xnaresboro'    5226      976 


Lancaster, 

Leicester, 

Leominster 

Lewes, 

Lincoln, 

Lichfield, 


10144  1803 

40512  6627 

4300  854 

6353  808 

13102  2145 

6281  1151 


5025  4090 

2596  2674 

1148  1045 

4100  2028 

5278  8102 

1051  8600 

2475  1270 
3048  2620 

2476  1254 


Liverpool,  165175  27792  59086  33036 
London,   121344  17534  198101  24263 


292 

ANNUAL  REGISTER,  1830—31. 

Ludlow, 

5253 

1006 

1995 

1058 

Carnaervon, 

16106  1148  2498  3621 

Maidstone, 

15387 

2276 

4784 

3070 

Cardiff, 

32777    671  4053  6555 

Malton, 

4173 

774 

952 

783 

Cardigan, 

8120    448  1478  1624 

Monmouth, 

13815 

7383 

2763 

Carmarthen, 

15552  1128  2192  3110 

Morpeth, 

5156 

478 

946 

1031 

Denbigh, 

11697  1400  2668  2339 

Newark, 

9557 

1691 

2856 

1911 

Flint, 

28338  - 

—  1427  5667 

N. Castle  U.1 

.    8192 

1510 

1764 

1638 

Haverfordwest, 

10882    806  2703  2176 

N. Castle  u.t 

.  42760 

4317 

14961 

8552 

Montgomery, 

16283    227  2090  3256 

Newport  l.W.  4398 

731 

1841 

879 

Pembroke, 

10208    869  2422  2041 

Northal'touj 

,    5118 

567 

1128 

1023 

Radnor, 

7245    422    830  1449 

N'hampton, 

15351    2086 
61096  11031 

4127    3070 
15550  12219 

Norwich, 

Nottingham,  502i6 

7676 

9359  10043 

NEW    BOROUGHS,   TABLE   V. 

Oxford, 

18460 

2520 

2735 

3692 

Popula- 

Assessed Elect's 

Penryn, 

4490 

498 

521 

899 

Names. 

tion. 
1831. 

Taxes,      Uni. 
1  nun.      finflr. 

Peterboro' 

Plymouth, 

Pontefract, 

Poole, 

Portsmouth, 

Preston, 

Reading, 

Retford, 

Ripon, 

Rochester, 

St.  Albans, 

Sandwich, 

Salisbury, 

Scarboro', 

6511 

31080 

9349 

6459 

,50389 

331112 

15595 

983 
2384 

960 
1180 
8506 
4229 
2585 
6724 

178 
1646 

744 

578 
1684 

2379 
8753 
1811 
1702 

7394 
8661 
•  924 
3076 
2356 
1964 
785 
5365 

1363 
6216 
1669 
1291 
10077 
6622 
3119 

Birmingham, 

Devenport, 

Finsbury, 

Greenwich,  &c. 

Lambeth, 

Leeds, 

Manchester, 

14225 L    28350  28450 
44454      9678    8890 
244077  206848  48815 
62009    21341  12401 
203229  108814  40645 
123393    18800  24678 
187022    40628  37404 

5080 
9891 
4772 
3084 
9338 

1016 

1978 

954 

661 

1867 

Marylebone, 
Sheffield, 
Sunderland, 
Tower  Hamlets 
Wolverhampton, 

240294  290376  48058 

90657    12605  18131 

43078      4682    8615 

359821  118546  71964 

,     67514      6229  13502 

8752 

1883 

2503 

1750 

Shorehara, 

210 

196 

NEW  BOROUGHS,  TABLE  VI. 

Shrewsbury 

,16055 

3155 

8695 

3211 

Popula- 
tion, 

Assessed  Elect's 

S'hampton, 

19324 

2249 

11378 

3864 

Names. 

Taxes,     Uni. 

South  wark. 

77799  13187 

26271  15559 

1831. 

1830.      Suff. 

Stafford, 

6956 

1013 

1331 

1391 

Ashton  U.  L. 

33597 

1434    6719 

Stamford, 

5837 

919 

3224 

1167 

Blackburn, 

27091 

2325    5418 

Sudbury, 

4677 

843 

1131 

935 

Bolton, 

41195 

4215    8239 

Tamworth, 

7118 

747 

914 

1423 

Bradford, 

23233 

2444    4646 

Tavistock, 

5602 

560 

1282 

1120 

Brighton, 

40634 

31800    8126 

Taunton, 

800 

2699 

Bury, 

15086 

2161    3017 

Tewkesb'ry 

,  5780 

1132 

1575 

1156 

Cheltenham, 

22942 

21184    4588 

Tiverton,  ' 

9566 

1357 

1651 

1913 

Dudley, 

23043 

2536    4608 

Truro, 

8644 

464 

1278 

1728 

Frome, 

12240 

1960    2448 

Warwick, 

9109 

1.590 

3227 

1821 

Gateshead, 

15177 

2036    3035 

Wells, 

4048 

505 

1355 

809 

Halifax, 

15382 

3186    3076 

Wenlock, 

17435 

3667 

2723 

3487 

Huddersfield, 

31041 

•   3941    6208 

Westbury, 

7324 

995 

J  464 

Kendall, 

11265 

3027    2253 

Westm'er, 

202050  19275  303421  40410 

Kidderminster, 

14931 

1920    2998 

Weymouth  M.7655 

1213 

3747 

1531 

Macclesfield, 

23129 

2416    4625 

Wigan, 

20774 

3288 

2686 

4154 

Oldham, 

50513 

2436  10102 

Winchester 

,   5280 

769 

2805 

1056 

Rochdale, 

35764 

3143    7152 

Windsor, 

8661 

811 

3538 

1732 

Salford, 

50810 

8970  10162 

Worcester, 

18590 

2926 

6900 

3718 

South  Shields, 

18756 

1627    3751 

Wycombe, 

6299 

519 

1737 

1219 

Stockport, 

25469 

2652    5093 

Yarm'th.N. 

22028 

4403 

3192 

4405 

Stoke-upon-Trent.  52946 

4950  10589 

York, 

26260 

3326 

11514 

5254 

Stroud, 
Swansea, 

13721 

19093 

2274    2744 

3644    3818 

WELSH  BOROUGHS. 

Tynemouth, 

16926 

2467    3385 

Popula- 
tion,    Hou 

Ass't 

I   Elec. 

Walsall, 

15066 

1735    3013 

Boroughs. 

ses,  Tax's 

Uni. 

Wakefield, 

12232 

5530    2446 

1831.      1821.   1830. 

Suff. 

Warrington, 

16018 

2914    3203 

Beaumaris, 

13697    462  1404  2739 

Whitby, 

10399 

2035    2079 

Brecon, 

4193    977  1259 

838 

Whitehaven, 

17808 

2842    3561 

CHAPTER    XIV. 


FRANCE.     . 

Impeachment  of  the  Ex-Ministers. — Riots  of  October. — Change  of 
Ministers. — Trial  oj  the  Ex-Ministers. — State  of  Paris.— The 
Students. — La  Fayette. — Riots  of  February. — JYew  Ministry. — 
Finances. — Prorogation  of  the  Chambers. — The  Heroes  of  July. 
— King^s  Tour. — Dissolution  of  the  Chambers. — Election. — 
JYew  Chambers, —  Celebration  of  the  Three  Days. — Resignation 
of  Ministers. — Belgian  Expedition. — State  of  Parties. 


It  is  not  our  purpose,  the  pres- 
ent year,  to  enter  so  minutely 
into  the  affairs  of  France  as  we 
did  in  giving  an  account  of  the 
year  1830,  including  the  great 
events  of  the  revolution  of  the 
Three  Days.  A  brief  notice  of 
the  popular  riots  and  ministerial 
differences,  and  of  the  few  im- 
portant acts  of  the  government, 
which  together  constituted  the 
incidents  of  the  general  period,  will 
suffice  on  the  present  occasion. 

The  autumn  of  1830  was 
chiefly  occupied  with  the  trial  of 
the  late  miuisters,  and  the  various 
public  movements  to  which  the 
questions  of  their  fate  gave  rise. 
After  the  successful  issue  of  the 
Three  Days,  the  new  government 
of  Louis  Philippe  took  no  meas- 
ures for  apprehending  the  minis- 
ters, being  willing  in  fact  that  they 
should  make  their  escape  out  of 
France.  M.  d'Haussez,  Cap- 
elle,  and  de  Montbel  continued 
to  avoid  arrest,  and  took  refuge 


in  other  countries ;  but  M.  de 
Peyronnet,  Guernon  de  Ranville, 
and  Chantelauze  were  apprehend- 
ed by  the  local  authorities  at 
Tours,  and  M.  de  Polignac  in  the 
same  way  at  Granville  in  Nor- 
mandy. Of  cour^,  ^hfe  govern- 
ment had  no  remedy ''but  to  sub- 
mit to  the  disagreeable  neces- 
sity of  bringing  to  punishment  the 
responsible  authors  of  the  crimi- 
nal occurrences  of  July. 

Indeed,  on  the  13th  of  August, 
M.  Salverte,  one  of  the  members 
of  the  Chamber  of  Deputies  for 
Paris,  moved  for  and  obtained 
the  appointment  of  a  committee 
to  draw  up  an  act  of  impeach- 
ment against  the  ex-ministers  for 
high  treason.  On  the  29th,  the 
examinations  were  had  of  the  four 
ex-ministers  under  arrest.  On 
the  23d  of  September,  M.  de  Ber- 
enger  delivered  a  report  in  behalf 
of  the  Committee,  impeaching  of 
high  treason  MM.  de  Polignac,  de 
Peyronnet,   Chantelauze,  Guer- 


294 


ANNUAL  REGISTER,  1830—31. 


non  de  Ranville,  Capelle,  and 
de  Montbel,  the  subscribers  of 
the  ordinances  of  July, 

'  For  having  abused  their  pow- 
er, in  order  to  falsify  the  elections 
and  to  deprive  the  citizens  of  the 
free  exercise  of  their  civil  rights  ; 

'  In  having  arbitrarily  and  vio- 
lently changed  the  institutions  of 
the  kingdom,  and  being  ^guilty  of 
a  conspiracy  against  the  national 
safety  of  the  state  ; 

*In  having  excited  civil  war, 
and  armed  one  class  of  citizens 
against  another,  and  carried  de- 
vastation and  massacre  through  the 
capital,  as  well  as  through  several 
of  the  communes.' 

The  report  consisted,  as  is 
usual  in  French  criminal  proceed- 
ings, of  an  argumentative  history 
of  the  offences  of  the  accused. 
Iq  the  present  case,  it  comprised 
a  long  history  of  the  liberticide 
schemes  of  the  Bourbons  ever 
since  the  restoration,  from  the  laws 
of  censorship  in  the  time  of  Louis 
XVIII,  down  to  the  violent  at- 
tempts on  the  constitution  in  the 
reign  of  Charles  X.  The  report 
was  accepted  on  the  28th  of  Sep- 
tember, and  on  the  29th,  M.  de 
Berenger,  Persil,  and  Madiez  de 
Montjau  were  chosen  commission- 
ers, to  prosecute  the  impeach- 
ment before  the  Peers  in  behalf 
of  the  Chamber  of  the  Deputies. 
After  various  preliminary  pro- 
ceedings, the  Chamber  of  Peers 
appointed  the  trial  to  take  place 
before  them  on  the  1 5th  of  De  - 
camber. 

Meantime,  the  progress  of  the 
proceedings  had  produced  a  very 
serious  effect  on  the  tranquillity 
of  the  country  and  the  composi- 
tion of  the  government.      The 


popular  voice  claimed  the  capital 
punishment  of  the  ex-ministers, 
as  high  criminals,  guilty  of,  an 
atrocious  offence,  and  meriting  a 
proportionate  visitation  of  public 
justice.  On  the  other  hand,  the 
King  and  his  advisers,  and  indeed 
the  prominent  statesmen  general- 
ly, were  anxious  to  shun  the  repe- 
tition of  those  scenes  of  judicial 
bloodshed,  which  had  dishonor- 
ed the  first  revolution,  and  yet 
were  afraid  to  oppose  directly 
the  wishes  of  the  people.  The 
leading  politicians  hit  upon  a  plan 
for  attaining  their  object  of  a  very 
singular  nature.  A  project  of 
law  was  introduced  into  the 
Chambers,  for  the  abolition  of 
capital  punishments  ;  and  an  ad- 
dress to  the  King  was  voted,  pray- 
ing him  to  make  use  of  his  initia- 
tive, in  order  to  force  forward 
the  passage  of  the  law.  Louis 
Philippe  gladly  responded  to 
this  call,  and  thus  the  nation  saw 
the  executive  and  legislative  au- 
thorities conspiring  together,  as 
it  were,  to  prevent  the  punish- 
ment of  death  from  being  inflict- 
ed on  the  ex-ministers  in  any 
event,  thus  forestalling  the  sen- 
tence of  the  Peers. 

However  well  intended  all  this 
may  have  been,  the  effect  of  it 
was  decidedly  bad.  The  people 
were  calling  for  vengeance  on 
their  late  oppressors  ;  the  popu- 
lar agitators  knew  this  ;  and  they 
took  care  to  represent  the  propos- 
ed law  as  a  plot  to  defraud  the 
people  of  their  rightful  victims. 
In  consequence  of  all  this,  mobs 
of  the  most  dangerous  description 
assembled  before  the  Palais  Roy- 
al on  the  17th  and  18th  days  of 
October;  and  the  national  guard, 


FRANCE. 


295 


together  with  troops  of  the  line, 
were  put  in  requisition  to  main- 
tain the  very  existence  of  the  gov- 
ernment. The  King  was  obliged 
to  temporise  with  the  factious  of 
his  subjects.  M.  Odillon  Barrot, 
the  Prefect  of  the  Seine,  was 
directed  or  permitted  to  assure 
the  people  that  justice  would  be 
done,  notwithstanding  the  '  un- 
seasonable' agitation  of  the  ques- 
tion concerning  capital  punish- 
ments. 

This  address  of  Odillon  Bar- 
rot  produced  a  breach  in  the 
ministry ;  for  the  Chamber  of 
Deputies  took  up  the  matter  with 
great  heat,  as  an  attack  on  them ; 
M.  Guizot,  the  Minister  of  the  In- 
terior, was  not  less  offended.  On 
the  other  hand,  M.  Dupont  de 
I'Eure,  the  Keeper  of  the  Seals, 
supported  the  Prefect,  as  did 
General  La  Fayette.  Hereupon 
M.  Guizot,  and  his  friend  the 
Due  de  Broglie,  resigned  their 
offices.  A  contest  ensued  be- 
tween theyw*/e  milieu  party — who 
maintained  that  the  true  policy  of 
France  was  to  obtain  quiet  and 
consolidate  her  present  institutions 
— and  the  mouvement  party,  who 
were  for  carrying  forward  the  prin- 
ciples of  the  revolution  into  fuller 
development.  For  this  time,  the 
latter  party  prevailed,  and  the 
ministry  was  re-organized  on  the 
2d  of  November,  with  M.  La- 
fitte  as  President  of  the  Council 
and  Minister  of  Finance,  Mar- 
shal Maison,  of  Foreign  Affairs, 
Marshal  Gerard  of  War,  M.  Mon- 
talivet  of  the  Interior,  M.  Dupont 
de  I'Eure  of  Justice,  and  M. 
Merilhou  of  Public  Instruction. 

The  trial  of  M.  de  Polignac 
and  his  associates  commenced  on 


the  15th  of  December,  the  day 
assigned  for  that  purpose.  In 
anticipation  of  the  most  extreme 
popular  excitement  on  this  occa- 
sion, the  Luxemburg  was  convert- 
ed into  a  fortress,  the  most  impos- 
ing array  of  military  defence  being 
employed  to  protect  the  court  and 
the  prisoners  from  the  violence  of 
the  mobs  of  Paris.  The  public 
authorities  had  been  justly  alarm- 
ed by  the  disturbances  of  Octo- 
ber, and  had  ample  cause  to  ex- 
pect a  renewal  of  them  at  the 
present  time.  But  all  the  intel- 
ligent actors  in  government  af- 
fairs felt  the  necessity  of  guard- 
ing against  any  act  of  lawless 
violence  being  committed  on  the 
persons  of  the  prisoners  ;  because 
it  would  not  fail  to  be  considered 
by  all  Europe  as  conclusive  proof 
that  the  new  monarchy  was  des- 
titute of  vigor,  and  France  sub- 
ject to  an  irresponsible  mob,  as  in 
the  days  of  the  sans  culottes  and 
Septembrisers.  In  fact,  con- 
spirators and  agitators  of  all  kinds 
were  at  work  in  Paris,  eager  to 
rouse  the  elements  of  anarchy  in- 
to a  storm,  and  ready  to  take  ad- 
vantage of  the  hour  of  confu- 
sion. 

This  important  trial  lasted  only 
a  week  from  the  15th  to  the 
2 1  st  of  December,  inclusive.  M. 
de  Martignac,  the  head  of  the 
cabinet  which  Polignac  displaced, 
did  himself  great  credit  by  un- 
dertaking and  ably  conducting 
the  defence  of  M.  de  Polignac; 
and  each  of  the  other  ex-minis- 
ters had  his  counsel.  The  facts, 
on  which  the  accusation  was 
founded,  were  of  course  abundant- 
ly proved,  although  considerable 
difference  appeared  in  the   de- 


296 


ANNUAL  REGISTER,  1830—31. 


gree  of  guilt  of  the  parties,  so  far 
as  regarded  their  disposition  to 
\iolate  the  Charter.  M.  de  Polig- 
nac's  intentions  and  conduct 
proved  to  be  much  the  worst, 
while  M.  de  Peyronnet  and 
Chautelauze  reluctantly  assented 
to  what  they  did  not  originate  or 
approve.  And  it  appeared  after 
all,  that  Charles  and  the  Duke  of 
Angouleme,  the  immediate  vic- 
tims of  the  Three  Days,  were 
the  blind  and  deluded  authors  of 
the  attack  on  the  Charter,  or  at 
least  the  tools  in  this  respect  of 
some  secret  cabal  behind  the 
throne,  which  impelled  the  King 
and  the  Dauphin  to  act  upon 
their  ministers  with  all  the  influ- 
ence of  royalty. 

But  what  crime  had  the  ex- 
ministers  committed  ?  In  Eng- 
land, so  long  familiar  with  bills  of 
attainder  and  impeachments,  and 
having  an  inexhaustible  store  of 
precedents  for  the  prosecution  of 
treasons,  and  state  misdemeanors 
of  every  degree  and  variety,  there 
would  have  been  no  difficulty  in 
the  course  of  proceeding  in  this 
case.  But  in  France,  which  had 
always  been  without  any  form  of 
ministerial  responsibility  previous 
to  the  revolution,  it  was  no  easy 
matter  to  find  a  law  under  which 
the  accused  could  be  convicted, 
guilty  as  they  clearly  were  of  the 
most  flagrant  offence  against  their 
country  in  levying  war  against 
the  Charter,  and  thus  overturn- 
ing the  monarchy  itself,  besides 
filling  the  capital  with  bloodshed. 
The  56th  article  of  the  Charter 
of  1814,  provided  that  the  min- 
isters of  the  Crown  might  be 
tried  for  treason  or  embezzle- 
ment, and   that  laws   should  be 


passed  defining  the  offences  and 
prescribing  the  punishment.  But 
this  had  never  been  done.  The 
committee  of  the  Chamber  of 
Peers,  in  reporting  on  this  sub- 
ject, took  the  ground  that  it  was 
an  inherent  right  of  the  govern- 
ment to  punish  individuals  con- 
victed of  high  offences,  and  even 
ahhough  no  specific  law  existed 
to  that  effect.  The  commission- 
ers for  conducting  the  impeach- 
ment placed  the  prosecution  on 
grounds  a  little  more  technical 
and  professional.  They  discover- 
ed a  pertinent  clause  in  one  of  the 
ephemeral  constitutions  of  the  first 
revolution,  the  constitution  of  the 
year  VIII,  as  it  was  called,  which 
clause  they  contended  was  yet 
in  force,  inasmuch  as  no  provision 
in  pari  materia  had  since  been 
created. 

M,  de  Martignac's  defence 
was  extremely  ingenious,  elabo- 
rate, and  eloquent.  He  main- 
tained, among  other  things,  that 
the  banishment  of  Charles  X, 
and  the  disfranchisement  of  his 
family,  had  stripped  the  offence 
of  the  ex-ministers  of  object  or 
legal  cause.  Their  crime,  he 
argued,  being  against  a  dynasty, 
which  had  ceased  to  rule,  was 
not  punishable  under  the  govern- 
ment of  Louis  Philippe.  The 
defence  set  up  by  M.  Sauzet,  the 
counsel  of  M.  Chantelauze,  was 
that  the  Bourbons  came  in  upon 
France  as  enemies ;  that  they 
and  the  country  had  been  in  a 
state  of  war  ever  since ;  and  that 
the  ex-ministers,  belonging  to  the 
defeated  party,  were  to  be  con- 
sidered as  prisoners  of  war,  and 
of  course  not  liable  as  for  treason. 
It  was  easy,  of  course,  to  refute 


FRANCE. 


297 


these,  and  all  the  other  arguments 
in  defence  of  the  accused,  whose 
crime  was  too  clearly  proved,  and 
too  flagrant  in  itself,  to  pass  un- 
punished. Thsy  were  severally 
convicted  and  sentenced  to  im- 
prisonment for  life,  the  additional 
penalty  of  civil  death  being  im- 
posed on  M.  de  Polignac  for  his 
greater  share  of  guilt.  The  pri- 
soners were  immediately  removed 
to  the  castle  of  Vincennes,  to 
protect  them  against  the  possi- 
JDility  of  violence,  when  the  com- 
parative mildness  of  their  punish- 
ment should  become  known  at 
Paris. 

During  the  whole  course  of  the 
trial,  the  situation  of  Paris  was 
perilous  in  the  extreme,  and 
especially  so  in  the  last  two  days. 
Vast  multitudes  of  workmen  as- 
sembled around  the  Odeon  and 
in  front  of  the  Luxemburg,  and 
filled  the  other  great  squares  in 
the  regions  of  the  Hotel  de  Ville 
and  the  Tuileries.  Their  chief 
aim  seemed  to  be  to  procure  the 
death  of  the  state  prisoners,  and 
perhaps  engage  in  plunder,  if  they 
should  succeed  in  breaking  down 
ihe  public  authority.  They  were 
unarmed,  but  among  them  were 
seen  individuals  of  better  ^appear- 
ance, who  seemed  to  instigate 
and  abet  the  violence  of  the  rab- 
ble. Nothing  but  the  loyalty  of 
the  National  Guard  preserved 
the  government  in  thig  fearful 
crisis.  Not  less  than  70,000 
men  were  under  arms  on  the  last 
day  of  the  trial ;  and  during  the 
whole  course  of  it,  Paris  exhibit- 
ed the  spectacle  of  a  city  filled 
with  hostile  troops.  Infantry 
lined  the  streets  and  squares,  sup- 
ported by  powerful  bodies  of  ar- 
26 


tillery   and    cavalry.  ^  The    sol- 
diers  bivouacked   in  the   public 
squares   during  the  long  winter 
nights,    and  the    light    of    their 
watch  fires  added  to  the  solemn 
gloom  and  anxiou^  feelings  of  the 
time.     La  Fayette  and  the  King 
himself  spared  no  effort,  by  con- 
stant personal  exertion  among  the 
soldiers  and  the  populace,  to  sus- 
tain the   loyalty   of  the  former, 
and  to  check  the  violence  of  the 
latter.      By    these    means,   the 
threatened  convulsions  were  avert- 
ed,   and  on  the  23d,  when  the 
prisoners  were  no  longer  in  Paris, 
the   people  ceased   to  assemble, 
and  the  capital  resumed  its  ac- 
customed tranquillity. 

During  the  disturbance,  the 
mob  had  labored  hard  to  per- 
suade the  students  to  place  them- 
selves at  the  head  of  the  move- 
ment ;  and  had  they  done  so, 
and  thus  united  their  science  and 
enthusiasm  with  the  physical  force 
of  the  artizans  of  the  faubourgs,  it 
is  impossible  to  say  what  might 
have  been  the  consequence. 
They  refused  to  do  this,  and 
they  afterwards  made  a  great 
merit  of  their  refusal.  These 
young  men,  being  some  ten  or 
twelve  thousand  in  number,  ten- 
dered their  services  to  the  King 
to  assist  in  the  preservation  of 
order  ;  and  they  subsequently  al- 
leged that  he  gave  them,  on  this 
occasion,  certain  assurances  of 
making  concessions  to  the  cause 
of  liberty,  which  they  accepted 
as  the  condition  of  their  refusal 
to  co-operate  with  the  populace. 
And  the  Chamber  of  Deputies 
went  so  far  as  to  associate  the 
students  with  the  National  Guards, 
in  a  vote  of  thanks  which  they 


298 


ANNUAL  REGISTER,  1830—31. 


passed  in  view  of  the  preserva* 
lion  of  the  public  peace.  These 
ill-judged  compliments,  to  mere 
spontaneous  combinations  of  the 
students,  had  a  very  pernicious 
effect  in  rendef^ng  measures  of 
rigor  necessary  to  cure  the  pre- 
sumption of  these  beardless  poli- 
ticians. 

The  Chambers  were  employ- 
ed at  this  time  in  the  permanent 
organization  of  the  National 
Guards,  and  were  disposed  to 
abolish  the  office  of  commander- 
in-chief  of  that  body,  which  had 
been  created  at  the  epoch  of  the 
Three  Days,  and  bestowed  on 
La  Fayette.  It  was  one  of  the 
first  fruits  of  the  counter-revolu- 
tionary re-action,  which  followed 
the  successful  conclusion  of  the 
late  trials,  and  the  suppression  of 
the  riots  of  December,  to  dimin- 
ish the  power  of  the  republican 
patriot,  honorably  as  he  had  used 
it  in  behalf  of  the  new  King. 
La  Fayette  perceiving,  undoubt- 
edly, the  tendency  of  the  govern- 
ment to  disappoint  the  expecta- 
tion of  himself  and  his  friends, 
and  unwilling  to  lend  the  popu- 
larity of  his  name  to  a  cause 
which  he  could  no  longer  heartily 
approve,  resigned  the  command 
of  the  great  civic  army,  feeling 
this  post,  as  he  said,  to  be  incon- 
sistent with  the  theory  of  a  consti- 
tutional monarchy.  The  Count 
de  Lobau  succeeded  him  as  com- 
mander of  the  National  Guards 
of  Paris  only.  The  retirement 
of  La  Fayette  was  followed  by 
that  of  M.  Dupont  de  I'Eure, 
and  not  long  afterwards  M.  Odil- 
lon  Barrot  was  dismissed,  the 
great  party,  of  which  they  were 
the  most  honorable  and  trusted 


members,  being   thus   placed  in 
direct  opposition  to  Louis  Phil- 

We.  .  ... 

The  revolutionary  spirit  mani- 
fested by  the  students  of  Paris 
on  several  occasions  induced  the 
government  to  take  measures 
to  prevent  their  assembling  in 
organized  bodies,  as  they  had 
been  accustomed  to  do.  This 
measure  was,  of  course,  the  topic 
of  much  angry  remark,  and  the 
occasion  of  much  excitement 
among  a  class  of  persons,  who 
felt  themselves  inseparably  asso- 
ciated with  the  events  of  July, 
and  who  took  great  merit  to  them- 
selves on  that  account,  as  well  as 
for  the  countenance,  so  to  speak, 
which  they  afforded  the  King 
during  the  trial  of  the  ex-minis- 
ters. But  all  subjects  of  minor 
interest  were  for  a  time  absorbed 
in  the  contemplation  of  the  vio- 
lences committed  by  the  people 
in  February,  1831,  which  were 
provoked  by  the  extravagance  of 
the  Carlists. 

It  appears  that,  on  the  14th 
of  February,  the  Carlists  availed 
themselves  of  the  opportunity  af- 
forded them  by  the  celebration  of 
religious  services  in  memory  of 
the  Duke  of  Berri,  to  undertake 
to  pay  some  fantastic  honors  to 
the  bust  of  the  Duke  of  Bor- 
deaux. This  act  of  folly  and 
infatuation  was  to  be  performed 
in  the  church  of  Saint  Germain 
I'Auxerrois.  It  served  to  draw 
the  popular  vengeance  upon  the 
clergy,  and  occasioned  a  general 
burst  of  indignation  in  Paris, 
threatening  the  most  fatal  conse- 
quences. The  mob  attacked  the 
Archbishop's  palace,  raised  anew 
the  ominous  cry  of  '  a  la  lanterne,' 


FRANCE. 


299 


and  made  havoc  of  the  fleurs  de 
lis  and  of  the  crosses  on  the  pub- 
lic edifices  and  monuments.  In- 
deed, to  prevent  the  public  monu- 
ments from  being  needlessly  in- 
jured in  the  attempt  to  deface  the 
obnoxious  symbols,  the  govern- 
ment saw  itself  compelled  to  in- 
terpose, and  to  remove  them  itself. 
Many  arrests  were  made  among 
the  members  of  the  Carlist  party, 
who  had  thus  wantonly  outraged 
the  public  sense,  by  their  ill  timed 
manifestation  of  attachment  to 
the  dethroned  dynasty.  And  a 
law  was  soon  after  passed,  banish- 
ing forever  the  descendants  of 
Charles  X,  rendering  them  in- 
capable of  acquiring  property  or 
enjoying  salaries  in  France,  and 
obliging  them,  within  six  months, 
to  sell  all  their  property  in  the 
kingdom,  on  pain  of  confiscation. 
On  the  13th  of  March,  another 
change  took  place  in  the  ministry, 
less  favorable  to  the  republican 
party,  and  the  principles  of  the 
Three  Days,  than  any  of  its  pre- 
decessors since  that  period.  M. 
Casimir  Perier  became  Presi- 
dent of  the  Council  and  Minister 
of  the  Interior,  Baron  Louis  of 
Finance,  M.  Barthe  of  Justice, 
the  Count  de  Montalivet  of  Pub- 
lic Instruction,  the  Count  d'Ar- 
gunt  of  Commerce,  Admiral  de 
Rigny  of  the  Marine.  The  in- 
solvency of  M .  Lafitte,  occasion- 
ed in  part  by  the  events  of  the 
late  revolution,  rendered  his  with- 
drawal from  the  ministry  neces- 
sary and  proper.  He  was  succeed- 
ed, however,  by  another  banker, 
a  class  of  persons  who  seem  to 
possess  a  very  decided,  not  to 
say  undue,  share  of  influence  in 
the    public    affairs    of    France. 


From  this  time,  M.  Perier,  as 
the  representative  of  the  station- 
ary party,  is  to  be  considered  as 
the  effective  head  of  the  govern- 
ment. 

A  great  effort  was'  made  in 
April  to  aid  the  national  finances, 
by  subscriptions  to  be  made  at  par, 
to  a  loan  bearing  five  per  cent, 
interest.  This  project  had  a  fa- 
vorable influence  on  the  state  of 
the  funds,  by  contributing  to  con- 
firm the  confidence  of  all  men  in 
the  stability  of  Louis  Philippe's 
authority.  On  the  20th  of  the 
same  month  the  Chambers  were 
prorogued  by  the  King  after  a  ses- 
sion of  eight  months'  duration, 
beginning  with  the  establishment 
of  the  present  dynasty  on  the 
throne.  The  acts  of  the  legis- 
lature during  this  period  had  been 
of  incalculable  importance ;  but, 
in  the  opinion  of  a  numerous  party 
in  the  nation,  it  deserved  as  much 
censure  for  what  it  had  left  un- 
done, as  praise  for  what  it  had 
done.  Parties  had  become  very 
decidedly  pronouuced,  upon  the 
great  questions  of  public  policy, 
in  the  existing  Chamber  of  Dep- 
uties ;  but  the  nation  called  for  a 
dissolution  of  the  body  in  order 
that  a  new  one  might  be  elected, 
under  the  amended  Charter  and 
laws  of  the  present  time.  This 
dissolution  speedily  took  place, 
and  the  new  Chambers  were  sum- 
moned to  meet  for  despatch  of 
business  on   the  23d  of  July. 

Vigorous  efforts  were  made,  in 
all  quarters,  by  each  of  the  great 
parties,  which  divided  France,  to 
return  deputies  conformable  to  its 
own  views  of  the  public  good. 
The  King  made  a  tour  of  some 
of  the  departments,  and  was  well 


300 


ANNUAL  REGISTER,  1830—31. 


received  wherever  he  went,  so  as 
10  come  back  after  a  very  trium- 
phant and  gratifying  progress 
among  his  subjects.  The  result 
of  the  elections  proved  quite  as 
favorable  to  the  ministers  as  had 
been  expected,  and  more  so  than 
it  had  been  feared  it  would  be. 
Gdillon  Barrot  was  chosen  for 
five  arrondis semens,  Lafitte  for 
four,  and  Casimir  Perier  himself 
for  three  ;  thus  showing  that  pop- 
ularity was  not  exclusively  con- 
fined to, the  mouvement  party.  It 
very  frequently  happened,  how- 
ever, that  the  Carlist  party  united 
with  the  government  party,  so  that 
both  together  proved  an  over- 
match for  the  republican  party, 
although  neither  would  have  been 
so  alone.  Of  domestic  questions, 
bearing  upon  the  elections,  the 
most  exciting  was  that  in  regard 
to  the  peerage.  It  was  the  wish 
to  a  vast  majority  of  the  nation 
of  take  away  from  the  peerage 
the  quality  of  being  hereditary, 
and  the.elections  often  turned  upon 
this  point. 

Much  anxiety  had  been  felt  at 
Paris  in  anticipation  of  the  anni- 
versary of  the  Three  Days,  which, 
considering  the  inflammable  state 
of  the  people,  and  the  readiness 
they  had  so  frequently  exhibited 
to  engage  in  rims,  it  was  feared 
would  be  rendered  a  scene  of 
outrage  and  disorder.  It  passed 
off,  how^ever,  in  universal  joy  and 
harmony,  and  without  any  move- 
ments of  a  revolutionary  nature, 
or  any  attempts  at  disturbance. 
The  first  day  was  devoted  to 
mourning  for  the  dead.  Funeral 
masses  were  celebrated  in  all  the 
churches  of  the  metropolis,  and 
in  front  of  them  were  suspended 


large  blaek  cloths,  inscribed  *  Aux 
victimes  de  juillet,  1830.'  The 
second  was  a  day  of  civic  festivi- 
ty. The  third  w^as  celebrated  as 
a  grand  military  fete,  and  was 
closed  with  a  review  of  the  troops 
of  the  line,  and  the  National 
Guards,  to  the  number  of  120,000 
men.  In  short,  although  the 
popular  voice  was  not  with  the 
King  at  this  time,  yet  the  people 
allowed  no  open  manifestations  of 
discontent  or  disloyalty  to  mar 
this  festive  commemoration  of  the 
great  triumph  of  the  principles  of 
liberty. 

When  the  Chambers  assem- 
bled, their  early  proceedings  were 
looked  to  with  much  anxiety,  as 
indicative  of  the  party  opinions  of 
the  members.  Casimir  Perier 
had  always  declared  that,  if  a  ma- 
jority of  the  Chamber  of  Depu- 
ties were  against  him,  or  their 
conduct  was  such  as  to  betray; 
want  of  confidence  in  him,  he 
should  retire  from  the  ministry. 
The  election  of  the  President  of 
the  Chamber  was  understood  by 
all  to  be  the  test,  by  which  the 
temper  of  the  body  was  to  be 
determined,  M.  Lafitte  being  the 
candidate  of  the  opposition,  and 
M.  Girod  de  TAin  of  the  minis- 
terial party.  At  the  first  ballot, 
it  appeared  that  Lafitte  had  168 
votes,  and  Girod  de  I'Ain  171, 
but  neither  of  them  a  majority  of 
the  members  present,  which  was 
necessary  to  constitute  a  choice. 
On  the  second  ballot,  there  being 
359  members  present,  Girod  de 
I'Ain  had  181  votes,  Lafitte  176, 
and  Dupont  de  I'Eure  1 ;  so  that 
Girod  de  I'Ain  having  one  vote 
more  than  was  absolutely  neces- 
sary, was  declared  to  be  elected. 


FRANCE. 


301 


Although  the  Ministers  had  thus 
gained  the  victory,  yet  it  was  by 
so  small  a  majority  that  they  con- 
sidered it  equivalent  to  a  defeat, 
and  M.  Perier  accordingly  re- 
signed, with  several  of  his  asso- 
ciates. But  on  receiving  intelli- 
gence of  the  invasion  of  Belgium 
by  Holland,  he  was  induced,  in 
view  of  the  urgent  necessities  of 
the  government,  to  resume  his  of- 
fice, and  await  the  demonstrations 
of  the  Chamber  on  the  subject 
of  the  customary  address  of  the 
King.  The  result  was  that  the 
direction  of  the  government  re- 
mained in  the  hands  of  Perier. 

And  here,  for  the  present,  we 
close  our  account  of  the  affairs  of 
France.  We  have  abstained  from 
any  circumstantial  analysis  of  the 
debates  in  the  Chambers  upon 
domestic  or  foreign  affairs,  be- 
cause it  would  require  more 
space,  to  enter  into  them  satisfac- 
torily, than  would  be  consistent 
with  due  attention  to  the  impor- 
tant events  in  other  parts  of  Eu- 
rope. It  will  be  sufficient  to  re- 
mark briefly  on  the  great  distinction 
of  parties,  and  on  some  of  the  sub- 
jects, which  gave  occasion  to  the 
development  of  their  differences. 
In  the  discussions  of  the  press 
and  in  the  votes  and  speeches  of 
the  deputies,  it  was  easy  to  dis- 
criminate four  parties,  all  clearly 
defined.  The  friends  of  the 
reigning  dynasty,  of  the  present 
order  of  things,  and  of  peace 
with  foreign  nations  even  at  some 
hazard  to  the  national  honor,  con- 
stituted, it  would  seem,  the  ma- 
jority of  the  deputies,  and  there- 
fore gave  the  tone  to  the  acts  of 
the  government.  The  Carlists 
were  powerful  from  their  united- 
26* 


ness,  their  talents,  and  their  stand- 
ing in  the  community,  although 
less  numerous  than  the  Orleanists, 
if  we  may  so  call  the  zealous  ad- 
herents of  Louis  Philippe  and 
ihejuste  milieu  system.  The  re- 
publicans, including  those  friends 
of  monarchy  who  were  for  limit- 
ing the  royal  authority  still  more 
than  at  present,  by  giving  addi- 
tional vigor  to  the  liberal  elements 
of  the  constitution,  were  in  high 
repute  with  the  people,  and  were 
next  in  visible  influence  to  the  ad- 
ministration party.  Finally  came 
the  Bonapartists,  who  were  far 
from  being  a  small  or  powerless 
party.  In  the  elections,  and  per- 
haps we  may  say  in  ordinary  pro- 
ceedings of  a  public  nature,  the 
two  latter  parties  often  acted  to- 
gether, against  the  two  former. 
But  in  times  of  confusion,  when- 
ever there  was  the  least  prospect 
of  endangering  or  embarrassing 
the  authority  of  Louis  Philippe, 
the  Bonapartist  and  Carlist  par- 
ties appear  to  have  lent  their  aid 
and  exerted  their  influence,  wher- 
ever they  thought  they  could 
accomplish  the  most  mischief; 
and  thus  it  is,  in  political  matters, 
that  extremes  act  together  in  the 
promotion  of  the  most  opposite 
and  irreconcilable  purposes. 

Independently  of  the  affairs  of 
Belgium,  there  were  two  great 
topics  of  foreign  policy,  which 
gave  frequent  occasion  for  dis- 
quisition in  the  Chambers,  and  ex- 
cited the  deepest  interest  among 
all  the  intelligent  classes  in  France. 
These  were  the  affairs  of  Poland 
and  of  Italy. 

In  regard  to  Italy,  it  is  unde- 
niable that  the  patriots  in  Lom- 
bardy  and  the  Roman  Stale  not 


303 


ANiNUAL  REGISTER,  1830—31. 


only  were  invited  to  take  up 
arms  against  their  rulers  by  the 
example  of  France,  but  received 
some  encouragement  in  their  un- 
dertaking from  responsible  sources 
in  that  country.  When,  there- 
fore, Austria  marched  her  troops 
into  the  disturbed  cities  and  dis- 
tricts, in  violation  of  the  principle 
of  non-intervention,  and  thus 
suppressed,  or  enabled  the  local 
authorities  to  suppress,  popular 
movements,  which,  otherwise, 
would  have  ended  in  revolution- 
ising Italy,  the  revolutionary  par- 
ty in  France  demanded  of  their 
government  that  the  proceedings 
of  Austria  ought  to  be  taken  as  a 
ground  of  war,  and  in  fact  as  a 
declaration  of  war  against  the 
revolution  of  the  Three  Days. 
But  the  French  ministers  adher- 
ed unchangeably  to  their  pacific 
policy,  and  contented  themselves 
with  remonstrances  against  the 
conduct  of  Austria,  and  with  in- 
sisting that  her  troops'  should 
evacuate  the  Papal  territory  and 
other  parts  of  Italy,  which  they 
had  invaded.  Austria,  of  course, 
made  the  fairest  promises  in  the 
world,  and  withdrew  her  troops, 
after  the  short  period  which  was 
necessary  to  effect  the  object  of 
apprehending  the  leading  patriots, 
and  re-establishing  the  legitimate 
rulers  in  their  ill-used  authority. 

In  regard  to  Poland,  the  ques- 
tion of  inter-national  law  present- 
ed was  a  very  different  one  from 
that  of  Italy,  and  the  conduct  of 
the  French  ministers  was  dictated 
by  somewhat  different  principles. 
Austria  interfered,  in  Italy,  be- 
tween the  subjects  and  the  rulers 
of  countries  over  which  she  had 
no  right  of  control.     They  were 


independent  states,  however  small 
they  might  be,  and  however  dan- 
gerous their  example  to  the  Ital- 
ian   subjects    of    Austria.       Of 
course,  the  conduct  of  the  Em- 
peror was  clearly  an  act  of  inter- 
vention.    Nicholas,  on  the  other 
hand,  marched  his   armies   into 
Poland,  in  order  to  reclaim  his 
subjects  to  their  allegiance  ;  and 
if  France  had  engaged  in  war  in 
behalf  of  the  Poles,  here  would 
have  been  the  intervention, — an 
intervention,  necessarily  implying 
the  invasion  of  Prussia  and  the 
Germanic  Empire,  and,  of  course, 
involving    France    in   war   with 
Prussia  and  Austria,  as   well   as 
Russia.      Admitting,    therefore, 
that  the  Russians  had  contem- 
plated the  invasion  of  Belgium, 
and  perhaps  of  France,  in  a  war 
against    liberal    principles, — and 
that  the  Polish  insurrection  was 
all  that  saved  the  French  from 
this  contest, — yet  for  France  to 
have  commenced  hostilities  in  be- 
half of  Poland,  would  have  been  to 
kindle  the  flames  of  war  through- 
out Europe,  and  might  have  been 
disastrous  to  France  herself,  in 
the  same  proportion  that  it  was 
beneficial  to  the  Poles. 

While,  therefore,  it  is  impossi- 
ble to  applaud  the  conduct  of 
Louis  Philippe's  cabinet  as  to 
Italy,  it  seems  equally  impossible 
to  condemn  very  pointedly  their 
conduct  in  the  case  of  Poland,  in 
so  far  as  regards  their  abstinence 
from  war  in  her  behalf.  If,  as 
the  Poles  allege,  they  were  in- 
directly sacrificed  by  means  of 
the  negociations  and  secret  pro- 
ceedings between  France  and 
England  on  the  one  side,  and 
Russia  on  the  other,  then  indeed 


FRANCE. 


303 


have  the  French  ministers  much 
to  answer  for  to  the  world  and 
to  posterity.  At  the  same  time 
it  should  be  avowed,  that  their 
procedure  in  regard  to  Belgium 
was  prompt,  decided,  and  honor- 
able. And  we  should  bear  in 
mind,  also,  in  considering  the 
foreign  policy  of  Louis  Philippe, 


his  rigor  in  punishing  the  outrages 
of  Don  Miguel,  and  his  liberality 
in  discharging  the  claim  of  the 
United  States,  as  illustrating,  in 
contrasted  force,  the  sense  of 
honor,  and  the  sense  of  justice, 
which  should  ever  direct  the 
councils  of  a  magnanimous  prince. 


LOCAL  HISTORY 


AND 


DOMESTIC    OCCURRENCES, 


FOR  THK  TEARS  1830—31. 


I 


DOMESTIC   OCCURRENCES 


MAINE. 


The  election  in  this  State,  which, 
from  the  equality  of  the  two  par- 
ties, was  regarded  with  some  in- 
terest, took  place  on  the  second 
Monday  of  September,  1830,  and 
resulted  in  the  complet'e  triumph 
of  the  administration  party,  in  the 
Congressional  districts  of  Oxford, 
York,  Cumberland,  Somerset,  Pe- 
nobscot, Washington,  and  Han- 
cock. In  Kennebeck  district,  an 
opposition  member  was  elected, 
and  no  choice  was  made  in  Lin- 
coln district.  At  the  second  elec- 
tion, however,  the  administration 
party  prevailed,  and  thus  obtained 
six  members  in  Congress  out  of 
seven. 

For  Governor,  the  vote  stood, 
Samuel  G.  Smith,  (Jackson,)  30,151 

Jonathan  G.  Hunton,  (opposition,)      28,552 

Maine  Historical  Society. — 
The  Penobscot  Journal  states,  that 
the  Historical  Society  of  Maine 
has  in  press,  and  will  shortly  pub- 
lish, a  volume  of  papers  relating  to 
the  objects  of  the  association. 
About  halfiof  it  will  be  taken  up 
with  a  History  of  Portland,  and  that 
part  of  its  vicinity  comprised  in 
the  ancient  town  of  Falmouth. 
Another  interesting  paper,  is  an  ac- 
count of  the  expedition  of  Gen. 
Arnold  through  Maine  to  Canada, 
during  the  Revolutionary  War. 
There  will  also  be  an  interesting 
and  valuable  illustration  of  this  ac- 
count, consisting  of  letters  written 


by  Arnold  on  the  march,  giving 
an  account  of  his  progress,  and  the 
Journal  of  a  British  officer,  who 
passed  up  the  Chaudie,  after  the 
conquest  of  Quebec,  by  Wolf,  and 
penetrated  some  distance  into  the 
State.  This  Journal,  falling  into 
the  hands  of  Arnold,  probably  sug-* 
gested  to  him  the  idea  of  the  route 
he  adopted.  These  documents 
were  obtained  for  the  society, 
through  the  agency  of  Col.  Aaron 
Burr,  who  accompanied  Arnold, 
and  was  by  the  side  of  Montgom- 
ery when  he  fell,  under  the  walls 
of  Quebec.  This  Society  has  an 
extensive  and  almost  unexplored 
field  for  its  labors.  The  early  his- 
tory of  the  State,  presents  many 
topics,  which  require  elucidation, 
and  to  which  the  researches  of 
the  Society  will  doubtless  be  di- 
rected. The  original  grants,  and 
varied  forms  and  extents  of  govern- 
ment, in  the  western  part  of  the 
State,  the  different  provinces  into 
which  that  quarter  was  divided;  un- 
der the  names  of  Laconia,  New- 
Somersetshire,  Lygonia  and  Maine, 
with  the  numerous  and  conflicting 
relations  arising  from  the  divisionS|, 
are  topics  of  great,  though  perhaps 
not  of  general  interest.  More  at- 
tractive subjects  will  be  found,  in 
accounts  of  various  Indian  tribes, 
formerly  inhabiting  the  state,  their 
predatory  excursions,  and  bloody 
wars  against  the  early  colonists  ; 


oJO 


ANNUAL  REGISTER,  1830—31. 


of  the  incursions  and  settlements, 
conquests  and  defeats  of  the  French 
with  their  alliances,  at  different 
times  with  the  savages,  particular- 
ly with  the  Norridgewocks  and  Pe- 
nobscots,  by  the  aid  of  the  Jesuit, 
Ralle,  in  the  one  case,  and  the 
Baron  Castine,  in  the  other  ;  of 
the  ancient  settlements  on  the 
coast,  at  Mount  Desert,  Penaquid, 
and  Piscataqua,  and  others  at  differ- 
ent points  ;  and  of  more  recent  in- 
teresting events,  such  as  the  occu- 
pancy of  the  soil,  by  the  British,  in 
the  Revolution,  and  again  in  the 
late  war ;  and  in  notices  of  men, 
who  have  been  distinguished,  from 
various  causes,  in  the  annals  of  the 
State. 

North  Eastern  Boundary. — 
This  subject,  by  the  extraordinary 
decision  of  the  King  of  Holland, 
has  become  so  important  in  a 
national  point  of  view,  that  no  apol- 
ogy is  necessary  for  the  insertion  of 
-the  origin  of  the  settlements  now 
in  dispute,  extracted  from  a  report, 
as  we  understand,  prepared  by  Mr. 
Deane. 

'In  1782,  Pierre  Lizotte,  then 
a  boy  of  fourteen  years  of  age, 
strayed  from  his  home,  in  Canada, 
and  found  his  way  to  the  Indian 
settlement  at  the  mouth  of  the  Mad- 
awasca  river,  where  he  continued 
during  the  following  winter.  On 
his  return  to  his  friends,  his  repre- 
sentations were  such  as  induced 
his  half  brother  Pierre  Duperre,  to 
accompany  him  to  the  same  place, 
for  the  purpose  of  trade  with  the 
Indians,  the  year  following.  They 
commenced  their  business  on  the 
south  side  of  the  St.  John,  from  two 
to  three  miles  below  the  mouth  of 
Madawasca  river.  They  were  the 
first  persons  who  commenced  their 
residence  at  Madawasca. 

Two  or  three  years  afterwards, 
say  in  1786,  the  Acadian  or  neu- 
tral French,  whose  ancestors  had 


been  settled  at  the  head  of  the  Bay 
of  Fundy,  or  in  the  country  which 
is  now  called  Nova  Scotia,  and  had 
been  driven  from  thence,  and  had 
established  themselves  at  St.  Anns, 
(now  Fredericton)  and  in  that 
neighborhood,  being  disturbed  by 
the  introduction  of  the  refugees, 
and  the  acts  of  the  Government  of 
New  Brunswick,  which  dispossess- 
ed them  of  their  farms,  fled  up  the 
St.  John  in  search  of  places 
of  residence,  out  of  the  reach  of 
British  laws  and  oppression. 
Twenty  or  more  families  moved 
and  settled  themselves  on  the  St. 
John,  below  the  trading  establish- 
ment, which  Pierre  Duperre  had 
made  a  few  years  previous.  Here 
they  continued  in  the  unmolested 
enjoyment  of  their  property  for 
some  years. 

'  Pierre  Duperre  being  a  man  of 
some  learning,  had  great  influence 
with  his  neighbors  ;  and  the  British 
authorities  of  the  province  of  New 
Brunswick,  seeing  his  consequence 
in  the  settlement,  began  early  to 
caress  and  flatter  him,  and  some 
time  in  the  year  1790  induced  him 
to  receive  from  them  a  grant  of 
the  land  he  occupied.  Influenced 
as  well  by  Pierre  Duperre,  as  with 
the  hope  of  not  being  again  dis- 
turbed and  driven  from  their  pos- 
sessions, as  they  and  their  ances- 
tors, more  than  once  had  been  by 
the  British,  this  large  body  of 
Frenchmen  were  also  induced  to 
receive  grants  from  New  Bruns- 
wick, of  the  lands  they-possessed, 
for  which  some  were  required  to 
pay  ten  shillings,  and  others  noth- 
ing. 

*  About  this  period,  1790,  another 
body  of  the  descendants  of  the 
Acadian  or  neutral  French,  who 
had  sought  a  refuge  on  the  Kenne- 
beckasis,  were  there  disturbed  in 
their  possessions  by  the  refugees, 
and  the  acts  of  the  government  of 


MAINE. 


SOT 


New  Brunswick;  they  also  quit 
their  posressions,  and  sought  in 
like  manner  a  refuge  from  oppres- 
sion, with  their  countrymen  at 
Madawasca.  After  having  resid- 
ed at  Madawasca  some  years,  they 
were  induced,  as  their  countrymen 
had  been,  to  receive  grants  of  the 
land  which  they  had  taken  into 
possession  from  the  Government  of 
New  Brunswick. 

Single  families  afterwards  add- 
ed themselves  to  the  settlement. 
A  few  families  established  them- 
selves in  1807,  a  few  miles  above 
the  mouth  of  Madawasca  river. 
They  all  lived  in  mutual  good  fel- 
lowship, recognizing  and  practis- 
ing the  duties  of  morality  and  reli- 
gion, and  governed  solely  by  the 
laws  of  honor  and  common  sense. 
They  continued  to  live  in  this 
manner  to  as  late  a  period  as  1818. 
The  British  had  made  no  grant 
higher  up  the  St.  John  than  Pierre 
Duperre's,  and  had  exercised  no 
other  acts  of  jurisdiction  than  those 
already  mentioned,  unless  the 
transportation  of  the  mail  through 
Canada,  and  the  granting  a  com- 
mission to  Pierre  Duperre  in  1793, 
as  a  captain  of  militia,  there  being 
no  militia  or  military  organization 
there  until  28  years  afterwards, 
may  be  called  acts  of  jurisdiction. 

In  1798,  the  river  St.  Croix  was 
determined,  and  its  source  ascer- 
tained, under  the  treaty  called 
Jay's  treaty.  At  this  period,  ter- 
minated all  acts,  and  pretence  of 
acts,  of  jurisdiction  in  the  Mada- 
wasca settlement,  by  the  British — 
and  for  a  period  of  twenty  years, 
and  until  it  was  discovered  by  them, 
that  Mars  Hill  was  the  northwest 
angle  of  Nova  Scotia — there  is  not 
even  an  attempt  to  exercise  juris- 
diction. The  course  of  circum- 
stances now  became  such,  as  again 
to  excite  the  spirit  of  encroach- 
ment, and  they  issued  two  pro- 
27 


cesses  against  citizens  of  the  Unit- 
ed States  who  had  settled  in  the 
wilderness,  many  miles  beyond 
where  the  British  had  ever  exer- 
cised any  jurisdiction  before,  but 
these  were  not  prosecuted. 

In  1824,  Sir  Howard  Douglas 
arrived  and  took  upon  himself  the 
government  of  the  province  of  New 
Brunswick  as  its  Lieutenant  Gov- 
ernor. In  December  of  that  year, 
he  appointed  four  militia  captains, 
and  a  competent  number  of  subal- 
terns, at  Madawasca — but  the  per- 
sons appointed,  did  not  accept 
their  commissions  until  July,  1826 ; 
and  subsequent  to  that  time  the 
militia  were  fully  organized.  Li- 
censes to  cut  timber  were  also 
granted  by  New  Brunswick. 

In  May,  1825,  Lieutenant  Gov- 
ernor Douglas  granted  a  tract  of 
land  to  Simon  Hebert,  at  the 
mouth  of  Madawasca  river.  In 
May,  1825,  he  made  another  grant 
to  Francis  Violette,  of  a  tract  at 
the  mouth  of  Grand  river.  He  also 
appointed  and  commissioned  many 
other  military  officers.  In  1827, 
several  processes  were  issued 
against  citizens  of  the  United  States 
only  one  of  which,  that  against 
John  Baker,  was  ever  prosecuted  ; 
but  many  of  our  citizens  were 
driven  away  by  them. 

In  1829  or  1830,  for  the  first 
time,  a  civil  magistrate  was  appoint- 
ed in  the  Madawasca  settlement, 
and  commenced  acting  as  such.  In 
a  word,  from  the  period  that  Lieu- 
tenant Governor  Douglas  entered 
upon  the  duties  of  his  office,  they 
have  been  constantly  multiplying 
and  extending  their  acts  of  juris- 
diction. 

The  French  inhabitants  of  Mad- 
awasca say,  they  are  satisfied  that 
their  settlement  is  within  the  limits 
of  the  United  States,  and  that  they 
should  like  to  live  under  its  laws, 
but  the  British  come  and  enforce 


308 


ANNUAL  REGISTER,  1830-31. 


their  laws  upon  them,  and  they 
have  been  obliged  to  submit  to 
their  jurisdiction. 

In  820  or  1821,  three  or  four 
persons  went  up  and  established 
themselves  on  the  banks  of  the 
Arostock.  Several  from  the  prov- 
ince of  New  Brunswick,  and  the 
State  of  Maine,  the  following  year 
joined  them.  After  the  commence- 
ment of  Sir  Howard  Douglas'  ad- 
ministration, licenses  were  grant- 
ed to  cut  timber  in  this  region  also, 
and  civil  processes  were  served  upon 
the   inhabitants.      On   this   river. 


last  aforesaid  grant.  All  the  afore- 
said grants  were  made  pursuant  to 
actual  surveys,  which  had  been  pre- 
viously made  under  her  authority. 
In  1808,  or  before,  the  line  from 
the  source  of  the  St.  Croix,  due 
north,  was  run,  under  the  authority 
of  Massachusetts,  as  far  as  the  river 
St.  John. 

In  1820,  an  examination  and 
reconnoisance  was  made,  under 
the  authority  of  Maine,  of  the 
.  whole  country  on  the  AUigash  river, 
and  on  the  St.  John  from  the  mouth 
of  the  Alligash  to  the  place  where 


they  had  not,  prior  to  his  adminis-   the  line  due  north  from  the  source 


tration,  exercised  any  act  of  juris- 
diction vrhatever,that  region  adjoin- 
ing the  line,  having  in  fact  been 
surveyed  and  granted  by  Massa- 
chusetts, seventeen  years  before,  to 
the  town  of  Plymouth  and  Gen. 
Eaton. 

In  1782,  the  government  of 
Massachusetts  contracted  to  sell 
the  tract  of  land  between  the  wa- 
ters of  the  Schoodiac  and  Penob- 
scot, extending  back  to  the  high- 
land of  the  treaty.  This  tract  was 
surveyed  under  the  orders  of  the 
Government.  The  surveyor  run- 
ning and  marking  his  lines,  to 
highlands  north  of  the   river  St. 


of  the  St.  Croix  intersects  it.  The 
same  year,  the  census  was  taken  in 
Madawasca,  under  the  laws  and 
the  authority  of  the  United  States. 

In  1824,  the  Land  Agents  of 
Maine  seized  the  timber  which 
had  been  cut  by  trespassers  on  the 
Arostock.  In  182-5,  the  Land 
Agents  of  Maine  and  Massachu- 
setts conveyed  two  lots,  one  to 
John  Baker,  and  the  other  to  James 
Bacon,  lying  on  the  St.  John, 
about  twelve  miles  above  the  Mad- 
awasca. 

In  1825,  the  surveyors  of  Maine 
and  Massachusetts,  completed  the 
survey  of  two  ranges  of  townships, 


John,  supposed  at  the  time  to  be  extending  north  from  the  Monu- 

those    described    in  the  treaty  of  ment,  at  the  source  of  the  river  St. 

1783.  Croix,  to  within  less  than  half  a 

In  1801,  she  granted  the  town-  mile  of  the  river  St.  John,  and  the 

ship  of  Mars  Hill  to  the  soldiers  of  States  divided  between  them,  ac- 

the  revolution.    In  1806,  she  grant-  cording  to  the  act  of  separation  of 

ed   the   township   adjoining  Mars  Maine   from    Massachusetts,    the 

Hill  on  the  west,  to  Deerfield  and  townships  in  those  ranges   which 

Westfield   Academies.      In  1807,  had  not  been  previously  granted, 

she  granted  a  township  of  land  to  In   1826,  Maine  and  Massachu- 

the  town  of  Plymouth,  lying  on  setts  surveyed  and  divided  five  ad- 

both  sides  of  the  Arostock,    and  ditional  ranges  of  townships,  lying 

bounded  east  by  the  line  due  north  west  of  the  two  ranges  aforesaid, 

from    the  source  of  the  river  St.  and  extending  nearly  to  the  river 

Croix,  to  the  highlands.     In  1803,  St.  John.     And  there  never  has 

she  conveyed  ten  thousand  acres  to  been   a  moment,     during    which, 

Gen.  Eaton,  bounded  east  by  the  Massachusetts,  prior  to  1820,  and 


MAINE. 


309 


Maine,  since  that  period,  have 
ceased  to  assert  their  jurisdiction 
over  the  whole  territory. 

The  decision  of  the  arbiter,  ad- 
vising a  compromise  of  the  matter, 
produced  a  great  excitement  in 
Maine.  The  legislature  which 
was  sitting,  when  the  decision  was 
promulgated,  went  into  secret 
session  on  the  subject,  and  strong 
resolutions  were  passed,  express- 
ing the  unwillingness  of  the  State 
to  acquiesce  in  the  decision. 

An  act  was  also  passed,  author- 
ising the  inhabitants  of  Madawas- 
ca,  (a  small  settlement  within  the 
disputed  territory,)  to  organize  a 
town  government,  and  to  send  a 
member  to  the  State  Legislature. 
In  pursuance  of  that  act,  a  meeting 
was  held  on  the  20th  of  August, 
at  the  house  of  Peter  Lizotte,  on 
the  west  side  of  the  St.  John's, 
and  within  the  line  as  laid  down 
by  the  award,  to  organize  a  town 
government.  Several  officers  of 
the  province  of  New  Brunswick 
were  present,  who  forbade  the 
proceedings.  The  meeting  then  ad- 
journed to  the  open  field,  where  the 
act  of  incorporation  was  read  by 
Walter  Powers,  and  the  town 
meeting  formally  opened.  Barna- 
bas Hunnewell  was  chosen  Moder- 
ator ;  John  Harford,  Daniel  Sav- 
age, and  Amos  Mattocks,  Select- 
men ;  Jesse  Wheelock,  Town 
Clerk  ;  Randall  Harford,  and 
Barnabas  Hunnewell,  Constables ; 
and  the  officers  chosen  were  sworn 
in.  Shortly  after,  the  Brit- 
ish authorities  with  a  military 
force,  repaired  to  the  settlement, 
seized  Hunnewell,  Wheelock,  and 
Savage,  carried  them  to  Frederic- 
ton,  where  they  were  indicted  and 
tried  on  the  15th  of  September, 
1831,  for  sedition  in  conspiring  to 
subvert  his  majesty's  authority, 
and  to  set  up  and  establish  a  for- 


eign power  and   dominion  in  place 
thereof 

Previous  to  the  commencement 
of  the  trial,  the  Attorney  General 
intimated  to  the  defendants,  that 
they  were  at  liberty  to  have  the 
trial  postponed  until  the  next  term, 
by  giving  bail  for  their  appearance, 
themselves  in  c£100  each,  and  two 
sureties  in  .£50  each ;  but  after 
some  consultation  among  them- 
selves, thc^  stated  that  they  did 
not  think  it  would  be  in  their 
power  to  procure  bail;  and  were 
desirous  that  the  trial  should  pro- 
ceed.— The  defendants  conducted 
their  own  defence  without  the  aid 
of  counsel. 

After  a  short  deliberation  the 
jury  found  a  verdict  of  guilty, 
against  all  the  defendants.  On 
the  18th  of  October,  they  were 
brought  into  court  to  receive  sen- 
tence, and  being  asked,  whether 
they  had  anything  to  offer  to  the 
court,  answered  in  the  negative. 

His  honor,  Mr.  Justice  Chip- 
man,  addressed  them,  and  observ- 
ed— 

That  it  was  sufficient  merely  to 
state  the  charge  of  which  they  had 
been  found  guilty,  to  show  its  ag- 
gravated character,  without  adding 
a  word  of  comment.  It  was  no  less 
than  a  direct  attempt  to  subvert  the 
authority  of  the  government,  and  to 
introduce  the  jurisdiction  of  a  for- 
eign State.  That  the  defendants 
had  to  say,  in  their  extenuation, 
that  they  were  not  the  original 
authors  of  these  proceedings  ;  they 
appeared  certainly  to  be  instru- 
ments in  the  hands  of  others. 
They  also  set  up  in  their  defence 
a  color  of  justification,  which,  they 
pretended,  was  given  to  their  pro- 
ceedings, by  the  acts  and  declara- 
tions of  a  person  in  the  character 
of  a  British  officer.  These  acts 
and   declarations,  however,  went 


310 


ANNUAL  REGISTER,  1830—31. 


no  further  than  to  abstain  from 
})reventing  by  force,  proceedings 
not  amounting  to  acts  of  sovereign- 
ty, of  certain  American  Agents 
on  the  western  side  of  the  river 
St.  John.  The  defendants  ap- 
peared to  be  persons  not  wanting 
in  understanding  and  discretion, 
and  must  have  perceived  the  dif- 
ference between  the  proceedings 
of  the  American  Agents  alluded 
to,  and  their  own  doings,  which, 
although  they  took  place  on  the 
western  side  of  the  river,  were, 
nevertheless,  expressly  founded  on 
an  act  of  the  legislature  of  Maine, 
which  excluded  the  whole  terri- 
tory on  both  sides  of  the  river,  the 
extreme  line,  which,  it  was  noto- 
rious, the  Americans  claimed  as 
their  boundary,  and  which  would, 
doubtless,  have  been  taken  ad- 
vantage of,  as  being  acts  of  juris- 
diction to  the  whole  extent  of  such 
claim.  The  learned  Judge  here 
repeated  what  he  had  stated  to  the 
jury  on  the  trial,  that  no  such  pro- 
ceedings as  those  he  had  alluded 
to,  either  on  the  part  of  the  British 
or  American  authorities,  could  be 
admitted  to  change  the  sovereignty 
and  national  character  of  the 
place.  That  it  had  now,  for  the 
second  time,  been  most  satisfac- 
torily proved  in  this  court,  (once 
before  in  the  case  of  John  Baker) 
that  this  province  had  exercised 
an  uninterrupted  jurisdiction,  ever 
since  its  first  erection,  over  the 
Madawasca  settlement.  That  if 
the  time  should  arrive  when  this 
territory,  or  any  part  of  it,  was  to 
be  given  up  to  the  United  States, 
or  any  foreign  country,  this  cir- 
cumstance must,  and  would  be 
announced,  by  some  public  act  of 
the  British  government,  which 
would  make  known  to  the  in- 
habitants, the  transfer  of  the  coun- 
try, and  the  change  of  their  al- 
legiance.    That  until  such  public 


act  came,  this  court  must,  and 
would  maintain  the  jurisdiction  it 
had  been  accustomed  to  exercise. 
The  learned  Judge  further  stated, 
that  there  was  another  considera- 
tion which  should  have  been  well 
weighed  by  the  defendants  as 
cause  of  reflection.  The  defend- 
ants, although  professing  to  be 
American  citizens,  and,  therefore, 
not  supposed  to  feel  the  same  at- 
tachment to  the  British  crown, 
even  while  living  within  the  limits 
of  its  jurisdiction,  as  to  the  coun- 
try of  their  birth,  yet  should  have 
abstained  from  bringing  into  jeop- 
ardy the  numerous  French  in- 
habitants of  the  Madawasca  set- 
tlement, by  seducing  them  from 
their  natural  allegiance.  These 
inhabitants  were  natural  born 
British  subjects,  and  so  far  as  the 
duty  of  allegiance  were  concerned, 
stood  in  the  same  relation  to  the 
crown,  as  the  judges  on  this  bench, 
or  any  other  person  in  this  court. 

He  further  said,  that  the  doc- 
trine which  the  Court  now  as- 
serted with  respect  to  the  main- 
taining the  actual  jurisdiction  of 
the  Provincial  authorities,  was  the 
same  which  it  had  acted  upon  in 
the  case  of  John  Baker.  The  cor- 
rectness of  it  he  conceived  was 
unquestionable,  and  to  his  know- 
ledge had  never  been  denied  by 
any  authority,  British  or  Ameri- 
can. The  defendants  in  the  face 
of  that  case,  had  proceeded  to  at- 
tempt a  further  subversion  of  that 
jurisdiction ;  and,  although  the 
Court  was  not  disposed  to  inflict 
upon  them  unnecessary  pains  and 
inconvenience,  yet  they  must  be 
prepared  to  bear  the  final  conse- 
quences of  their  own  acts.  The 
court  in  awarding  their  punishment, 
aimed  at  an  effectual,  but  at  the 
same  time,  a  temperate  assertion  of 
the  authority  of  the  laws,  such  as 
it  appeared  to  them  the  case,  un- 


MAINE. 


311 


der  all  its  circumstances,  requir- 
ed :  and  concluded  by  pronouncing 
the  sentence  of  the  court,  as  fol- 
lows : 

That  each  of  the  defendants  do 
pay  a  fine  to  the  King  of  fifty 
pounds,  and  be  imprisoned  in  the 
common  jail  of  the  county  for 
three  calendar  months,  and  stand 
committed  until  the  said  fines  are 
paid. 

These  proceedings  added  to  the 
excitement  prevailing  in  Maine, 
and  some  of  the  public  journals, 
advocated  immediate  action  so  far 
as  to  liberate  the  prisoners.  The 
Governor  called  the  council  to- 
gether, by  which  body,  the  fol- 
lowing report  was  made,  and  or- 
dered to  be  published  : 

The  Committee  of  the  whole 
Council,  to  which  was  referred  the 
subject  of  the  recent  transactions 
at  Madawasca,  ask  leave  to  re- 
port : — That  in  common  with  their 
fellow-citizens,  they  view  with  feel- 
ings of  just  indignation,  the  un- 
warrantable and  oppressive  acts  of 
the  authorities  of  the  British  Prov- 
ince of  New  Brunswick,  in  in- 
vading the  territory  of  this  State 
with  a  military  force,  and  arresting 
a  number  of  our  peaceable  citi- 
zens, compelling  others  to  conceal 
themselves  in  the  wilderness,  and 
abandon  their  homes,  in  order  to 
escape  the  violence  with  which 
they  were  threatened.  ^ 

In  this  violation  of  the  sover- 
eignty of  the  State,  we  perceive 
the  continuation  of  that  system  of 
encroachment,  which,  by  our  for- 
bearance, the  Provincial  Govern- 
ment have  long  been  enabled  to 
practise  for  the  purpose  of  ex- 
tending their  possession,  and  af- 
terwards relying  on  that  posses- 
sion, as  the  only  foundation  of  the 
extraordinary  claim  they  still  per- 
severe in  making  to  a  considerable 
portion  of  the  State. 

27* 


In  virtue  of  a  warrant  from  a 
magistrate  of  the  county  of  Penob- 
scot, the  inhabitants  of  Madawas- 
ca, on  the  20th  day  of  August 
last,  assembled  at  a  place  south- 
ward of  the  St.  John's  river,  on 
this  side  of  the  line  designated  by 
the  Arbiter  as,  in  his  opinion,  a 
suitable  boundary  between  the 
two  governments,  and  proceeded 
peaceably  to  organize  themselves, 
in  pursuance  of  an  Act  of  the 
Legislature  of  Maine,  incorporat- 
ing the  town  of  Madawasca. 

On  the  12th  day  of  September 
last,  they  held  a  town  meeting  for 
the  purpose  of  electing  a  Repre- 
sentative, as  required  by  the  laws 
and  constitution  of  this  State. 

For  these  acts,  four  of  our  citi- 
zens have  been  arrested  by  the 
authorities  of  New  Brunswick,  car- 
ried out  of  the  State,  and  three  of 
them,  Barnabas  Hunnewell,  Daniel 
Savage  and  Jesse  Wheelock,  are 
now  confined  in  jail  at  Freder- 
icton,  in  execution  of  a  sentence 
pronounced  against  them,  after  the 
form  of  a  trial  in  a  court  of  that 
Province. 

As  these  citizens  were  arrested 
by  a  foreign  power,  at  a  place 
which  is  claimed  and  known  to  be 
within  the  limits  of  this  State,  and 
for  the  exercise  of  a  privilege 
guarantied  to  every  citizen,  we 
have  no  hesitation  in  coming  to 
the  conclusion,  that  the  State  is 
bound  to  adopt  all  proper  and  con- 
stitutional means  within  its  power, 
to  procure  their  release. 

It  appears  by  documents  in  the 
ofiice  of  the  Secretary  of  State,  of 
this  State,  that  immediately  on  re- 
ceiving information  of  these  trans- 
actions, the  facts  were  communi- 
cated by  the  Governor  to  Mr. 
Livingston,  the  Secretary  of  State 
of  the  United  States,  with  an  ^ 
urgent  request  that  the  proper 
measures  might  be  adopted  by  the 


312 


ANNUAL  REGISTER,  1830—31. 


general  government  to  procure  the 
release  of  our  citizens  and  to  pro- 
tect our  territory  from  invasion. 

To  this  application,  an  answer 
was  duly  received  from  Mr.  Liv- 
ingston, under  the  date  of  21st 
of  October  last,  stating  the  ex- 
treme desire  of  the  Executive  of 
the  United  States  to  conform  with 
scrupulous  good  faith  to  the  ar- 
rangement made  with  the  Minister 
of  Great  Britain,  for  preserving  the 
state  of  things  as  it  then  existed 
on  both  sides,  until  a  final  dispo- 
sition could  be  made  of  the  ques- 
tion, and  it  was  distinctly  under- 
stood, that  no  exertion  of  the  State 
authority,  in  the  parts  of  the  dis- 
puted territory  which  were  actually 
held  by  the  British,  should  inter- 
fere with  this  arrangement.  It 
further  appears  by  the  documents 
communicated,  that  although  the 
proceedings  of  the  inhabitants  of 
Madawasca  were  supposed  to  be  a 
violation  of  that  agreement,  yet 
prompt  measures  were  adopted  by 
the   President  through  the  inter- 


by  this  State,  which  are  now  the 
subject   of  our   consideration,  wc 
refer  to  the  following  extracts  from 
Mr.  Livingston's  letter  before  re- 
ferred to.     '  The  President  desires 
me  to  reiterate  to  you,  his  anxious 
desire   that   you   vtould   use  your 
authority  and  influence  to  prevent 
any  further  collision  with  the  Bri- 
tish  authorities,  in  the  firm  per- 
suasion that  the  wisdom  of  Con- 
gress  will    direct    such    ultimate 
measures,  as  will  bring  the  con- 
troversy to  a  close,  consistent  with 
the   interest   and   dignity   of  the 
United  States,  and  particularly  of 
the  States  interested  in  the  ques- 
tion.    He  receives   the  strongest 
assurances  from  the   Representa- 
tive  of   the   British   government, 
that  no  innovation  will  be  coun- 
tenanced on  the  part  of  its  pro- 
vincial functionaries  ;  and  on  our 
part,  good  faith  as  well  as  the  pro- 
tection of  the  frontier,  from  un- 
authorized mutual  inroads,  require 
the  same  course  of  conduct. 

In  a  previous  letter  to  the  Gov- 


position  of  the  Representative  of   ernor,    dated    October    5th,  Mr. 


the  British  Government  at  Wash- 
ington, to  procure  the  release  of 
the  persons  who  had  taken  part  in 
these  transactions. 

We  have  caused  an  examination 
to  be  made,  but  no  copy  of  the  ar- 
rangement referred  to,  can  be 
found  among  the  archives  of  the 
State.  And  though  allusion  is 
made  to  such  an  arrangement  in 
the  correspondence  between  Mr. 
Clay,  former  Secretary  of  State  of 
the  United  States,  and  the  late 
Governor  Lincoln,  it  was  at  that 
time  asserted  to  have  been  vio- 
lated by  the  British  authorities, 
and  we  are  satisfied  that  in  nu- 
merous instances,  it  has  been  to- 
tally disregarded  by  them. 

In  order  to  show  the  views  of 
the  general  government,  with  re- 


Livingston  observes,  '  the  Presi- 
dent directs  me  to  say,  that  he 
relies  on  your  Excellency's  pru- 
dence to  avoid  any  unnecessary 
exertions  of  authority  over  the  con- 
tested ground,  and  to  repress,  as 
far  as  lies  in  your  power,  all  such 
acts  as  may  endanger  the  quiet  of 
the  bordering  territory.  Con- 
gress will  meet  in  the  course  of  a 
few  weeks,  and  it  will  be  a  source 
of  deep  regret  if  the  moderation 
and  forbearance,  which  have 
hitherto  characterized  the  govern- 
ment and  people  of  Maine,  should 
cease  to  guide  them,  when  its 
further  continuance  for  so  short  a 
period  is  of  such  consequence  to 
the  nation. 

'  After  a  full  consideration  of  all 
the  facts  and  circumstances  within 


gard  to  the  measures  to  be  adopted   our  knowledge  in  relation  to  the 


NEW  HAMPSHIRE.  313 

subject  submitted  to  us,  we  are  of  never  be  voluntarily  surrendered, 
opinion  that  every  proper  and  con-  and  from  a  desire  to  conform  to 
stitutional  measure,  at  present,  in  the  wishes  of  the  general  govern- 
the  power  of  the  Executive  of  this  ment,  we  do  not  deem  it  expedient 
Stale,  to  procure  the  release  of  our  at  this  time,  to  recommend  meas- 
citizens  confined  at  Fredericton,  ures  which  might  lead  to  collision 
has  been  adopted.  And  if  the  with  the  British  authorities. 
Committee  have  forborne  to  re-  *  But  from  the  exposed  situation 
commend  more  efficacious  means  of  our  frontier  settlements,  and 
for  their  immediate  release,  it  is  the  dangers  to  which  they  are  sub- 
because  they  believe  the  State  is  jected  by  encroachments  from  the 
not  in  possession  of  the  constitu-  neighboring  province,  we  recom-. 
tional  power  to  exert  them,  with-  mend  that  the  Governor  be  ad- 
out  the  concurrence  of  the  gene-  vised  to  issue  a  General  Order,  re- 
ral  government.  quiring  the  Militia  of  the  State  to 
*  Believing  that  Congress,  which  hold  themselves  in  readiness,  to 
is  soon  to  meet,  will  adopt  the  meet  such  requisitions  as  the  Pre- 
necessary  measures  to  bring  this  sident  may  deem  necessary,  to  pro- 
controversy  to  a  close,  consistently  tectour  territory  from  invasion,  and 
with  justice,  the  peace  of  the  na-  our  citizens  from  capture, 
tion,  and  constitutional  rights  of  ISAAC  LANE,  Per  Order. 
the  State,  which  we  believe  will        In  Council,  November  7, 1831.' 

NEW  HAMPSHIRE. 

Elections.  At  the  gubernatori-  4  years,  20cts.  Cows  4  years  old, 
alelection  in  this  State,  which  took  15cts.  Neat  cattle  3  years  old, 
place  on  the  2nd  Tuesday  of  Sets.  do.  2  years,  5cts.  Sheep,  1 
March,  1831,  the  votes  stood  for  cent.     Orchard  land   yielding  10 

Samuel  Dinsmore,  (Jackson,)  23,503  barrels  of  cider  or  perry,  20  cents; 

stuennf ''^'"'  ^^PP"'^'^""^)  ^^'^l  arable  land  producing  25  bushels 

Legislation.  Forty-nine  public  of  corn,  20cts.  Mowing  land  pro- 
and  private  acts,  and  nine  resolu-  au<^'ng  one  ton  of  hay,  20cts.  pas- 
tions  were  passed  at  the  June  Ses-  ture  land  sustaining  one  cow,  20cts. 
sion,  1830.  Among  the  acts  was  ^I^"^,  carding  machmes,  wharves, 
one  authorising  Commissioners  to  ferries,  and  toll  bridges,  one  twelfth 
be  appointed,  in  any  of  the  other  of  income ;  other  lands,  one  half 
States,totake  acknowledgments  of  Pe^  ^^^^'  of  their  value;  bank 
deeds.  $45,000  was  ordered  to  ^^ock,  stock  in  trade,  pleasure  car- 
be  raised  by  general  assessment,  "ages,  one  half  per  cent. ;  funded 
and  the  poll  tax  was  fixed  at  $1,10.  P^'operty,  and  money  loaned,  three 
The  other  taxes  were  as  follows :  fourths  per  cent, 
on  Stud  horses,  $10,00      Commissioners  were  appointed 

Horses  5  years  old,  ,50  ^o  make  a  report,  in  relation  to  the 

4  35  existing  laws  on   imprisonment  for 

o     "  'on  debt. 

„       2     „  ,10      Great  Falls — Somersworth. 

Jacks,  $5.  Jills,  50cts.  do  2  Seven  years  since,  this  village  con- 
years  old,  30cts.  mules,  50cts.  do  tained  but  a  single  farm  house,  and 
4  years,  35cts.  do.  3  years,  20cts.  vvas  entirely  a  swamp.  It  now 
do.  2  years,  lOcts.  Oxen,  30cts.  do.  contains  about  two  thousand  in- 


314 


ANNUAL  REGISTER,  1830—31, 


habitants,  one  hundred  frame 
dwelling  houses,  ten  large  blocks 
of  brick  buildings,  three  churches, 
stores,  &c.  There  are  four 
cotton  mills,  and  one  woollen. 
The  cotton  mills  contain,  it  is 
said,  more  spindles  than  are  run 
by  any  other  establishment  in  the 
United  States,  viz.  thirty  one  thou- 
sand !  with  preparations  sufficient 
to  supply  nine  hundred  looms, 
which  produce  six  millions  of 
yards  of  cotton  cloth  per  annum. 
These  mills  consume  annually 
above  3,000  bales  of  cotton,  weigh- 
ing 1,250,000  lbs.  The  largest 
mill  is  400  feet  long  and  six  sto- 
ries high,  and  contains  22,000 
spindles  and  650  looms.  The  cot- 
ton mills  alone  give  employment  to 
90  men,  over  100  boys  and  600  fe- 
males. They  use  from  7  to  8,000 
gallons  of  oil,  200  tons  of  anthra- 
cite coal,  500  barrels  of  flour  for 
sizing,  and  300  sides  of  leather. 

The  mills,  which  are  of  brick, 
handsomely  ornamented  with  ham- 
mered granite  sills  and   window 


caps,  are  arranged  along  a  fine  ca- 
nal, 30  feet  wide  and  from  6  to  7 
feet  deep,  extending  from  the  dam 
at  the  north  of  the  village  to  the 
southern  extremity  of  it. 

The  woollen  mill  is  a  six  story 
brick  building,  220  feet  in  length, 
containing  all  the  machinery  ne- 
cessary for  the  manufacture  of 
from  120  to  130,000  yards  of  fine 
broadcloth  yearly.  This  is  also 
said  to  be  the  largest  woollen  man- 
ufactory in  America.  Upwards  of 
200,000  pounds  of  wool,  5,000  gal- 
lons of  oil,  150  tons  anthracite 
coal,  are  consumed,  besides  indi- 
go, madder,  copperas,  together 
with  numerous  kinds  of  drugs  ne- 
cessary in  the  manufacture  of 
woollen  cloth,  annually  giving  em* 
ployment  within  the  establishment 
to  300  individuals.  Connected 
with  the  woollen,  is  a  carpet  man- 
ufactory, where  the  best  descrip- 
tion of  ingrain  carpeting  is  made. 
The  factory  is  capable  of  produc- 
ing 150,000  yards  annually. 


MASSACHUSETTS. 


Militia  Claims. — An  act  was 
passed  at  the  1st  session  of  the 
2 1st  Congress,  authorizing  the  ad- 
justment of  this  claim  upon  cer- 
tain principles. 

The  Secretary  of  War,  howev- 
er, was  not  disposed  to  facilitate 
the  settlement,  and  the  Governor 
of  Massachusetts  published  the 
correspondence  between  himself 
and  the  War  Department,  with  the 
view  of  bringing  the  subject  un- 
der the  notice  of  the  public.  The 
claim  was  finally  adjusted,  and  the 
Governor,  in  a  message  to  the 
House  of  Representatives,  ac- 
knovvedged  the  receipt  of  $419,- 
748  26  from  the  Secretary  of  the 
Treasury,  under  the  act  of  Con- 
gress which  provided  for  the  settle- 
ment of  the  Massachusetts  claims. 


The  terms  of  the  act  by  which 
Maine  was  separated  from  Massa- 
chusetts proper,  give  one  third  of 
this  money  to  that  State.  For 
some  reason,  the  accounting  officer 
cut  short  the  appropriation  allowed 
by  Congress — which  was  $430, 
748  26.  The  original  claim  was 
$843,601  34. 

Elections. — In  Boston,  the 
votes  for  members  of  Congress 
stood  for 

Nathan  Appleton  3,34] 

Henry  Lee  2,477 

In  Essex  South,  for 
Rufus  Choate  1,750 

Benj.  Crowninshield  767 

Mr.  Cabot,  (Jackson).  352 

Without  much  opposition 
In  Worcester  North,  J.G.  Kendall ; 
"  Worcester  South,  John  Davis ; 


MASSACHUSETTS. 


315 


In  Middlesex,  Edward  Everett ; 
"  Hampden,  Isaac  C.  Bates  ; 
"  Barnstable,  John  Reed ; 
"  Franklin,  Geo.  Grennell,  jr.; 
"  Berkshire,  Geo.  N.  Briggs; 
"  Norfolk,  H.  A.  S.  Dearborn ; 
"  Plymouth,  John  Q.  Adams. 
In  Essex  North  and   in  Bristol 
districts  there  was  no  choice. 

The  determination  of  the  late 
President  of  the  United  States,  to 
yield  to  the  wishes  of  his  neigh- 
bors and  to  represent  them  in  Con- 
gress, excited  much  surprise 
among  those  who  were  unac* 
quainted  with  the  plain,  unassum- 
ing republican  principles,  which 
had  always  characterised  Mr.  Ad- 
ams's conduct,  both  in  public  and 
private.  Great  eiforts  were  made 
to  divert  him  from  his  purpose ; 
but,  sustained  by  a  consciousness 
of  rectitude,  he  resolved  to  accept 
of  the  station  offered  to  him,  and  to 
illustrate,  in  his  own  person,  one  of 
the  fundamental  principles  of  our 
political  institutions. 

Some  efforts  were  made  to  ex- 
cite an  opposition,  but  he  was 
elected  by  the  almost  unanimous 
suffrages  of  his  district. 

BANKS. 

Abstract  shewing  the  state  of  the  banks  on 

the  first  Saturday  of  June,  1830. 

Dice  from  the  banks. 

Capital  stock  paid  in  of  63 

banks  ^19,295,000  00 

Bills  in  circulation  5,124,090  00 

Net  profits  on  hand  544,496  62 

Balance  due  to  other  banks     2,128,576  35 
Cash  deposited,  and  not  bear- 
ing interest  3,574,957  04 
Cash  deposited ,  bearing  inter- 
est 2,804,868  29 
Total  amount  due  from  the 
banks                                  33,323,793  44 
Resources  of  the  banks. 
Gold,  silver,  &c.  in  banks      ^1,258,444  05 
Real  estate  621,152  34 
Bills  of  banks  in  this  state  914,096  60 
Bills  of  banks  elsewhere             479,759  08 
Balances  due  from  other  banks  2,191,087  62 
Due  to  the  banks,  excepting 

balances  27.987,234  09 

Total  resources  of  the  banks  33^366,142  61 

Remarks. 
Amount  of  last  dividend,  (6 
months)  600,925  00 


Amount  of  reserved  profits         398,763  74 
Debts  secured  by  pledge   of 

stock  901,823  53 

Debts   due,    and    considered 

doubtful  462,045  06 

Rate  of  dividend  on  amount  of  capital  o 

all  the  banks,  as  existing  when  dividend 

was  made  2  52-100  pr.  cent. 
Average   of  61   banks,  making  dividends 

2  46-100  pr.  cent. 

Several  banks,  whose  capital  has  been 
reduced,  return  the  rate  and  amount  of 
aividend  on  their  former  capitals. 

North  ^ast  Boundary. — The 
Governor.jV'^-^iis  speech  to  the 
Legislature/^!^*^pressed  an  opin- 
ion against  the  validity  of  the 
award,  and  observed,  that  the  King 
of  the  Netherlands  palpably  de- 
parted from  the  plain  terms  of  the 
submission,  and  substituted  a  pro- 
position to  a  compromise  of  diffi- 
culties, for  an  award  of  the  matter 
directly  in  issue  between  the  par- 
ties. As  an  arbiter,  his  office 
strictly  was  *  to  apply  a  descrip- 
tive line  of  boundary,  to  corres- 
ponding appearances  on  the  face 
of  nature.'  Rejecting  these,  he 
has  attempted  to  establish  a  new 
course  of  division,  denoted  by  mon- 
uments totally  dissimilar,  and, 
through  a  tract  of  country  distant 
and  widely  different.  By  no  rule 
of  municipal  or  international  la.w 
can  such  a  decision  be  made  of 
binding  obligation.  There  is  no 
occasion  to  inquire  into  the  extra- 
ordinary influences,  which  may  be 
supposed  to  have  produced  it.  A 
preference  by  any  portion  of  the 
subjects  of  his  Majesty's  province  to 
a  popular  government,  would  have 
been  as  valid  a  reason  for  transfer- 
ring Nova  Scotia  to  the  United 
States,  as  the  convenience  to  the 
British  Government  of  a  road 
through  the  State  of  Maine  to  Can- 
ada ;  for  assigning  the  lands  be- 
tween the  waters  of  the  St.  John's 
and  the  Highlands,  intended  by 
the  treaty  of  1783,  to  the  British 
province.      Confidently   believing 


316 


ANNUAL  REGISTER,  1830—31. 


that  the  award,  as  an  adjudication, 
is  altogether  void,  1  can  see  no 
constitutional  power  in  the  nation, 
to  require  an  acquiescence  in  it, 
on  the  part  of  the  States,  which 
would  be  prejudiced  by  its  adop- 
tion. This  must  be  left  to  their 
own  volition.  Massachusetts,  it  is 
true,  can  suffer  directly,  only  in 
the  loss  of  property  ;  but  her  sym- 
pathies are  not  the  less  due  to  the 
State  of  Maine,  in  the  greater 
stake  of  physical  and  political 
strength  which  is  there  at  hazard. 
Were  it  not  for^he  Act  of  separa- 
tion, Tier  condition  had  been  our 
own.  The  consent  of  the  parent 
State'to  the  erection  of  territory 
to  which  she  claimed  an  absolute 
title,  of  which,  from  time  imme- 
morial, she  had  been  in  the  actual 
and  exclusive  possession,  and  over 
which  she  exercised  undisputed  ju- 
risdiction, into  an  independent  gov- 
ernment, was,  at  least,  an  implied 
warranty  against  its  subsequent  lia- 
bility to  foreign  dismemberment. 

The  inefficiency  and  inequality 
of  the  present  system  of  miUtia 
laws,  are  then  pointed  out ;  and  it 
is  strongly  recommended  that  the 
several  States  concur  in  laying  the 
subject  before  the  Congress  of  the 
United  States. 

The^sc«Z  concerns  of  the  com- 
monwealth, are  not,  it  appears,  in 
a  thriving  condition.  The  expen- 
ditures exceeded  the  receipts  from 
the  ordinary  sources  of  revenue  ; 
the  disbursements  for  the  past  year 
having  been  $681,481  68  ;  while 
the  receipts  amounted  only  to 
$6-25,059  23,  leaving  a  deficiency 
of  $56,422  45. 

Federal  Judiciary. — The  de- 
termination expressed  by  the  gov- 
ernment of  Georgia,  to  disregard 
the  mandates  of  the  Supreme 
Court  of  the  United  States,  had 
now  become  so  prominent  a  sub- 
ject in  the  general  politics  of  the 


country,  and  so  directly  aimed  at 
a  dissolution  of  the  bonds  of  the 
Union,  as  to  command  universal 
attention;  and  a  Committee  was 
created  in  the  Massachusetts  legis- 
lature, to  take  the  subject  into 
consideration.  The  following  res- 
olutions were  reported  by  that 
Committee,  and  passed  by  the  leg- 
islature. 
Commonwealth  of  Massachusetts. 

In  the  year  of  our  Lord,  one  thousand 
eight  hundred  and  thirty  one. 

Resolved,  by  the  Senate  and 
House  of  Representatives,  that  the 
Federal  Constitution,  the  laws  of 
the  United  States,  made  in  pursu- 
ance thereof,  and  all  treaties  made 
under  the  authority  of  the  United 
States,  are  the  supreme  law  of  the 
land  ;  and  that  the  Judges  in  every 
State  are  bound  thereby,  anything 
in  the  Constitution  or  laws  of  any 
State  to  the  contrary  notwithstand- 
ing. 

Resolved,  That  the  Judicial 
power  of  the  United  States  extends 
to  all  cases  in  law  and  equity,  aris- 
ing under  the  Constitution,  the 
laws  of  the  United  States,  and  the 
treaties  made  under  their  authori- 
ty ;  and  that  no  State  can  rightly 
enjoin  upon  its  executive  officers 
to  disregard  or  resist  by  force,  any 
process  or  mandate  which  may  be 
served  upon  them,  in  such  cases, 
in  due  form  of  law,  by  authority  of 
the  Courts  of  the  United  States. 

Resolved,  That  it  is  the  duty  of 
the  President  of  the  United  States, 
to  take  care  that  the  constitution, 
the  laws  of  the  United  States, 
and  the  treaties  made  under  the 
authority,  are  faithfully  executed, 
anything  in  the  constitution,  laws  or 
acts  of  any  State  to  the  contrary 
notwithstanding. 

Resolved,  That  the  Senators  and 
Representatives  of  the  State  of 
Massachusetts,  in  the  present  and 
next  Congress,  be,  and  they  here- 


MASSACHUSETTS. 


317 


by  are  requested  and  instructed  to 
use  all  the  means  in  their  power, 
to  preserve  inviolate  the  public 
faith  of  the  country,  and  to  sustain 
the  rightful  authority  of  the  Gov- 
ernment of  the  United  States,  in 
all  its  departments. 

Resolved,  That  his  Excellency 
the  Governor  be,  and  he  hereby  is, 
requested,  to  transmit  a  copy  of 
these  resolutions,  and  of  the  report 
proceeding  them,  to  the  Governors 
of  all  the  other  States  ;  to  the  end , 
that  they  may  be  submitted  to  the 
Legislatures  of  the  same,  for  their 
consideration  ;    and    also   to   the 


mills ;  Lanesborough,  Pittsfield, 
Adams,  and  Lenox,  and  particu- 
larly West  Stockbridge,  quarry 
immense  quantities  of  white  and 
gray  marble ;  and  make  a  great 
deal  of  lime  for  the  Southern  mar- 
ket. In  Adams,  there  is  a  statuary 
marble  of  a  good  quality  ;  and  in 
Lenox,  very  profitable  bog  iron 
ore,  which  is  made  into  various 
castings. 

Troy,  or  Fall  River,  is  situat- 
ed on  Taunton  River,  not  far  from 
the  head  of  Mount  Hope  bay,  and 
is  accessible  to  vessels  drawing 
four  feet  of  water,  at  any  stajje  of 


Senators  and   Representatives  of  the  tide.     The  population  exceeds 


the  State,  in  this,  and  the  next 
Congress.  All  which  is  respect- 
fully submitted. 

A.  H.  EVERETT, 

Chairman  of  the  Committee. 

The  House  of  Representatives 

determined  at  the  June    Session, 

1831,  by  a  vote  of  291  to  108,  in 

favor  of  an  amendment  of  the  con- 


4,000.  The  fall  is  about  128  feet 
in  height,  and  extends  2,500  feet ; 
it  is  divided  by  nine  dams,  which 
give  to  each  an  average  fall  of  14 
feet.  Here  are  eight  cotton  fac- 
tories, which  employ  1,276  hands, 
three  fourths  of  whom  are  females; 
run  31,458  spindles,  and  1,041 
looms,and  consume  annually  6,108 


stitution,  reducing  the  number  of  bales,  or  2,289,000  pounds  of  cot 
representatives  in  the  State  legis-    ton. 


lature. 

Berkshire  County. — But  a 
few  years  since,  says  a  correspon- 
dent of  a  Salem  paper,  this  was  a 
famous  dairying  county  ;  but  the 
diminished  price  of  butter  and 
cheese,  from  the  immense  quanti- 
ties produced  in  the  Western 
States,  and  the  greatly  enhanced 
value  of  wool,  have  caused  an  al-   oil  of  vitriol,  are  used  daily  ;  and 


There,  are  also  here,  a  satmet 
factory,  employing  160  hands,  and 
producing  5,000  yards  a  week, 
which  is  equal  to  about  §195,000 
per  year ;  bleaching  and  printing 
works,  where  260  hands  are  em- 
ployed, and  16,800  yards  are 
bleached  and  printed  daily  ;  at 
this  establishment,  100  pounds  of 
bleaching  salts,  and  100  pounds  of 


most  entire  change  of  herds  for 
flocks.  In  many  towns,  there  are 
now  more  than  twenty  sheep  for 
each  inhabitant.  In  one  little 
town,  of  about  800  inhabitants 
only,  there  are  more  than  15,000 
sheep,  mostly  of  fine  fleeces,  af- 
fording an  income  to  the  town  of 
20  or  25,000  dollars.  The  neigh- 
boring towns  consume  most  of  the 
wool  raised  upon  the  Mountains, 
as  this  region  is  very  descriptively 
called.      Lee   has    several    paper 


120  tons  of  madder,  1,000  tons  of 
anthracite,  and  400  tons  of  bitu- 
mous  coal,  are  consumed  annually. 

There  are  are  also  iron  works, 
where  a  thousand  tons  of  iron  are 
manufactured  yearly,  and  about  25 
hands  are  employed. 

New  Bedford,  situated  on  Buz- 
zard's Bay,  contains  about  8,000 
inhabitants,  and  probably  employs 
more  shipping,  than  any  town  of  its 
size  in  the  United  States,  if  not  in 
the  world.  It  is  estimated,  that  there 


ai8 


ANNUAL  REGISTER,  1830—31. 


are  40,000  tons,  employed  in  the 
whale  fishery,  10,000  in  other  for- 
eign fisheries,  1200  in  cod  and  mack- 
erel fishing,  and  8,000  in  the  coast- 
wise trade.  The  ship  Maria,of  this 
town,  which  was  in  port  in  August 
1831,  and  ready  for  another  whal- 
ing voyage,  was  bought  on  the 
stocks,  by  William  Roach,  in 
1792.  She  was  the  first  ship  that 
ever  hoisted  the  American  flag  in 
London,  has  been  almost  in  con- 
stant employ,  and  was  then  able  to 
perform  three  or  four  more  voyages 
without  repair.  There  are  in 
New  Bedford,  three  banks,  three 
insurance  offices,  ten  places  of  pub- 
lic worship,  and  seven  large  manu- 
factories of  sperm  candles. 

There  are  upwards  of  two  hun- 
dred ships  employed  in  the  whal- 
ing business  from  that  port,  and 
the  number  is  rapidly  increasing. 
The  benefits  derived  by  that 
town,  from  this  productive  busi- 
ness, are  immense.  The  tonnage 
of  the  port  is  considerably  greater 
than  that  of  Salem ;  and  next  in 
New  England,  to  Boston.  Its  pop- 
ulation has  nearly  doubled,  in  the 
last  ten  years  ;  and  it  bids  fair  in 
a  short  time  to  outstrip  the  other 
New  England  commercial  towns,  in 
population,  as  it  has  already  done  in 
commerce.  Its  present  population  is 
8,000.  A  great  many  new  buildings 
are  annually  erected,  and  numerous 
other  improvements  are  actively 
and  constantly  going  forward. 
This  prosperity  is  the  result 
alone  of  the  successful  pursuit 
of  the  whale  fishery. 


The  tenth  sale  of  the  New  En- 
gland Society  (says  the  Boston  Pa- 
triot,) was  well  attended,  and  the 
goods  went  off  at  high  prices,  and 
with  great  spirit.  The  sales  will 
amount  to  upwards  of  $400,000. 
We  observed  many  southern  pur- 
chasers present,  more  than  at  any 
previous  sale.  We  understand 
that  a  very  large  lot  of  prints  was 
offered  for  sale,  amounting  to  near- 
ly 220,000  dollars. 

Speaking  of  the  town  of  Lowell, 
the  Salem  Mercury  says — Specu- 
lations in  land,  in  this  flourishing 
town,  have  been  carried  within  a 
few  weeks,  beyond  all  former 
example. — Numbers  who  but  re- 
cently, were  in  moderate  pecunia- 
ry circumstances,  have  amassed 
independent  fortunes  bythis  means. 
Real  estate  has  risen  within  the 
last  eighteen  months,  nearly  one 
hundred  per  cent.  Some  lots  of 
land  well  situated  for  business, 
which  were  sold  within  six  months 
for  two  shillings  per  foot,  have 
been  sold  within  a  few  weeks  fqr 
75  cents  a  foot !  Last  Wednes- 
day, a  lot  of  land  was  purchased 
by  two  gentlemen  for  twenty-five 
thousand  dollars,  and  on  the  same 
day  they  sold  one  half  of  it  at  an 
advance  of  forty  thousand  dollars. 
Buildings,  it  is  said,  rent  for  a 
greater  profit  in  Lowell,  than  in 
any  other  town  in  New  England, 
averaging  fifteen  or  twenty  per 
cent,  per  annum,  on  the  capital  in- 
vested. 


RHODE  ISLAND. 


Election. — April,   1831.      At  The  Home  Market.— The  con- 

the    gubernatorial    election,     the  sumption  of  cotton  at  Providence, 

votes   stood   for   Samuel    H.    Ar-  R.  I.  and  its  vicinity,  for  the  year 

nold  (opposition,)                    3778  ending  30th   Sept.  1830,  was  43,- 

James  Fenner  (Jackson,)       2877  000  bales,  worth  $1,700,000. 


RHODE  ISLAND. 


819 


This  cotton  has  been  manufac- 
tured into  about  70,500,000  yards 
of  cloth,  which  has  sold  at  about 
nine  cents  per  yard,  averaging  the 
different  qualities  and  prices,  thus 
producing  a  gross  sale  of  $6,450,- 
000. 

Public  Works  in   Nauragan- 
SETT  Bay. — An  extensive  plan  for 
the  defence  of  the  waters  of  Nar- 
ragansett  Bay  was  projected,  and 
carried  on  to  some  extent,  under 
the  last  administration  of  the  Gen- 
eral Government.     The   plan  em- 
braced the  erection  of  a  formidable 
battery    at   Fort    Adams,   on    the 
southerly  part   of  Rhode   Island, 
another    at    the     Promontory    of 
Canonicut      Island,     called      the 
Dumplings,     one      at      Tiverton 
Heights,  on  the  Main,  and  a  Dyke 
across    the   West    Bay,    between 
Canonicut   and   the  Narragansett, 
shore.     The  estimated  expense  of 
these   works,    which    when    com- 
pleted would  render  the  bay  inac- 
cessible   to    a    hostile   fleet,    was 
83,000,000.    Of  this  amount  about 
780,000    dollars   was   assigned  to 
Fort  Adams,  the  only  part  of  the 
plan  which  is  now  in  actual  execu- 
tion.    This  work  is  situated  on  a 
point  which  projects  in  a  northerly 
direction  from  the  south-west  point 
of  Rhode  Island,  called  Brenton's 
Neck.      Between  this   point   and 
the  Promontory  of  Canonicut  Isl  and 
is   the    main    entrance    from    the 
ocean  to  Narragansett  East  Bay, 
and  Newport  Harbor.     The  prin- 
cipal battery  encloses   an  area  of 
twenty-seven  acres,  and  is  intend- 
ed to  mount  three  hundred    and 
sixty   pieces   of  ordnance.      The 
wall  is  of  hammered  granite,  sur- 
rounded   by    a   glacis,   or    sloped 
bank  of    earth,    and    is,    in  most 
places,  already   carried  to  its  in- 
tended  height.     It  is    adapted  to 
two  tiers  of  guns,  and  it  is  believ- 
ed that  a  continuous  mass  of  gra- 
28 


nite  building  of  equal  extent  is  not 
to  be  found  in  America.  The 
whole  rear  is  to  be  fitted  for  quar- 
ters for  the  officers  and  soldiers,  on 
a  scale  for  the  accommodation  of 
6,000  troops. 

Some  idea  of  the  formidable 
obstruction  which  this  work  will 
offer  to  an  invading  fleet  may  be 
gatliered  from  the  fact,  that,  at 
the  north  front,  ninety-five  guns, 
mounted  in  a  wall  absolutely  im- 
pregnable, can  be  brought  to  bear 
at  once  upon  a  ship,  during  her 
passage  along  a  line  of  view  suffi- 
ciently extensive  to  allow  of  re- 
peated discharges  at  different  an- 
gles, and  within  range. 

A  Giant.— /w/y,  1831.  The 
Pawtucket  Journal  of  a  late  date 
says — We  yesterday  witnessed  the 
disinterment  of  the  Hon.  Joseph 
JenJcs,  one  of  the  first  Governors 
of  the  colony  of  Rhode  Island, 
who  died  on  the  15th  June,  1740, 
ninety-one  years  ago.  The  skele- 
ton was  nearly  entire,  and  in  a 
better  state  of  preservation  than 
could  have  been  expected.  Gov- 
ernor Jenks  was  probably  the 
tallest  man  that  ever  lived  in  the 
State,  standing,  when  living,  seven 
feet  and  two  inches,  without  his 
shoes.  1  His  thigh  bones,  when  taken 
up,     measured    eighteen    inches. 

Banks. — The  following  is  the 
aggregate  of  the  returns,  from  the 
fifty-one  banks  in  this  State,  made 
to  the  General  Assembly  at  the 
October  session,  1831 : — 


Capital  Stock 

Deposits 

Profits  on  hand 

Due  from  Banks 

Bills  in  circulation 

Debts  due  from  directors 
"  other  stockholders 
"     from  all  others 

Specie 

Bills  of  other  Banks 

Deposited  in  other  Banks 

Bank  and  other  Stocks 

U.  S.  Stock 

Real  Estate 

Personal  Estate 


J,732,296  53 

1,290,603  17 
179,552  97 
112,261  49 

1,342,326  50 
853,298  69 
697,921  13 

6,695.505  74 
425'692  38 
257,792  95 
323,035  66 
245,775  60 
28,025  59 
252,163  14 
8,453  68 


320 


ANNUAL  REGISTER,  1830—31. 


From  the  above  aggregate  it  report  of  October,  1830,  is  $743,- 
appears  that  the  increase  of  Bank  485— and  since  June,  1831,  of 
Capital  in   this   State,   since  the    $32,625. 

CONNECTICUT. 


Finances   from 


April, 
1831. 


1830,   to   April, 


Statistics. — The  following  is  an 
abstract  of  the  rateable  estate  and 
polls  in  Connecticut,  as  returned 
for  the  year  1830. 

]Vo. 
42,251  Houses 
2,623.? 66  Acres  of  Land 
1,698  Mills 
1,718  Stores 

335  Distilleries 
1,466  Manufactories 
Fisheries 
34,527  Horses 


&c 

248,542  Neat  Cattle 
268,239  Sheep 

Silver  Plate  and  Plated 
Ware 
5,187  Riding  Carriages  and 
Wagons 
22,479  Clocks  and  Watches 
Insurance  Stock 
Turnpike  Stock 
Money  on  interest 
Resident  Bank  Stock 
Non  Resident     do 
do 


Value. 

^21,043,727 

51,664,789 

889,127 

1,461,506 

55,919 

1,661,062 

108,149 

Mules, 


Expenditures. 

Expenses  of  General  Assembly  ^1 5,678,71 

Salaries  '  8,484 

Contingent  expenses  5,635,09 

Judicial  expenses  24,106,20 

Expense  of  Stale  Paupers  2,000,00 

State  Prison  300.00 

Quarter  Master  General  680^00 
Public  Buildings  and  Institutions  24,642,00 


Abatement  of  State  tax  and  ex 
penses  of  collecting 


;^8 1,526,00 
6,154,00 
^87,680,00 


1,2£0,132 
325.587 
293,646 

10,541 

238,309 
174,710 
26,602 


Public  Debt. 

Permanent  funds  of  State,  exclu- 
sive of  the  school  funds,  Bank 
Stock  i379,800  00 

U.  S.  three  per  cents  65,302.66 


2,078,f>75 
2,727.824 
396,281 


33,745  Polls  o  20  Dolls.  674,600 
Assessments       141,902 


Insurance  Stock      6,904 

^87,404,621 

816,402 


^88,221,023 
The  State  tax  levied  on  the 
above  list,  will  produce,  including 
the  abatement  of  one  tenth  of  the 
polls,  and  expenses  of  collection, 
$37,340.  From  the  interest  of 
the  Public  Stock — Duties  on  Li- 
censes— State  Prison,  &c.  the 
other  portion  of  the  revenue  is  de- 
rived as  follows  : 

;^1,659.08 
21,842,56 
6,117,75 
4,779.58 
37,45ri,70 
1,340,62 
1,760,42 


Interest  on  U.  S.  Stock 

Dividends  on  Bank  Stock 

Cash  from  States  Prison 

Duties  on  Licenses 

Tax  on  list  of  1829 

Tax  on  non-resident  Bank  Stock 

Forfeited  Bonds,  &c. 


Balance  in  Treasury 


^435,102,66 

The  population  of  Connecticut 
is  298,449.  The  average  propor- 
152,133  tion  of  the  expense  of  government, 
annually,  is  twenty-five  cents  for 
each  person  ;  but  the  average  pro- 
portion of  the  State  tax  is  only 
twelve  and  a  half  cents. 

The  fund  for  the  support  of  the 
common  schools  amounts  to  $1,- 
902,57.  The  amount  of  interest 
distributed  to  the  schools  in  1830, 
was  $77,333,  being  a  dividend  of 
more  than  25  cents  to  each  in- 
habitant of  the  State.  A  sum 
double  to  the  amount  of  the  taxes 
imposed  to  pay  all  the  expenses 
of  the  State  government. 

State  Prison. — From  the  Re- 
port of  the  Directors  that  institu- 
tion appears  to  be  advancing  in 
prosperity.  The  old  prison  began 
to  be  used  as  a  place  of  confine- 
ment for  British  captives  and 
tories,  from  1775  to  1780,  but 
it  did  not  assume  the  denomina- 
tion and  character  of  the  real 
New-Gate  until   the    year   1790. 


13,773,31 
,^89,527,02 


CONNECTICUT. 


321 


Early  in  the  last  century,  as  ap- 
pears from  the  Colony  Records, 
the  mines  in  Granby  were  wrought 
in  pursuits  of  copper  ore,  and  it  is 
ascertained  from  undoubted  au- 
thority, that  they  were  wrought 
with  more  or  less  success  until  the 
commencement  of  the  revolution- 
ary war.  The  State,  soon  after 
that  event,  purchased  the  princi- 
pal cavern,  and  converted  it  into 
a  prison.  A  resolution  exists 
among  our  State  records  respecting 
the  prisoners  working  the  mines, 
and  this  affords  some  evidence,  to 
say  the  least,  that  the  government 
were  induced  to  purchase,  under 
the  expectation,  that  the  prisoners 
might  be  profitably  employed  in 
mining.  But  this  idea,  if  it  ever 
existed,  was  soon  abandoned,  and 
the  prisoners  were  put  to  other 
employments.  That  prison  was 
always  an  incubus  upon  the  State, 
and  often  drew  as  much  from  the 
treasury,  as  all  the  outsets  of  the 
present  establishment,  and  that  at 
a  time  when  the  prisoners  were 
only  two  fifths  as  numerous  as  at 
present.  Public  sentiment,  which 
at  first  began  to  set  slowly  against 
the  old  prison,  became  a  strong 
current  in  1825  and  1826,  and  in 
the  latter  year  the  resolution  was 
passed  establishing  the  present 
prison.  In  December  1829,  New- 
Gate  was  sold  under  the  hammer 
for  about  1 1,200,  and  was  subse- 
quently purchased  by  the  Phoenix 
Mining  Company,  who  are  pro- 
ceeding with  a  due  share  of  cir- 
cumspection in  working  the  mines. 
From  the  statement  of  the  War- 
den, it  appears  that  the  income  of 
the  Prison  for  the  year  ending 
March  31,  1831,  consisted  as  fol- 
lows, viz. 

Smiths'  Shop  $BIS  96 

Coopers' do.  852  19 

Shoe        do.  4,003  28 

Nail         do.  627  84 


Carpenters'  do. 
Tailors'  do. 
Chair  do. 

Female  Department 
Received  for  interest 


3,403  52 
19  Oi 

4,247  94 
43  47 
13  84 


Received  and  cliarged  for  laborers    594  16 
Received  from  visitors  to  the  Priso)\   G34  97 

Whole  amount  of  income  ^16jl6o  18 

Expenditures. 

For  Provisions  ,'>3,190  GO 

Clothing  and  Bedding  '     719  89 

Wages,  subsistence,  fuel,  &i.c.  3,137  89 
Hospital  293  78 


Total  amount  of  expenditures      |(7,342  16 
Balance,  gain  to  the  lustitution      7,824  02 


»  ^15,166  18 

This  balance  in  favor  of  the  In- 
stitution consists  of  debts  due 
now,  more  thaw  last  year  2,639  43 

Increased  balance  of  cash  4,590  76 

Increased  amount  of  property  on 

hand  '  593  83 


|7,824  02 
Property  on  hand  March  31, 183), 

inventoried  at  8,940  69 

Debts  due  do.  5,618  62 

Cash  on  hand  1,234  31 


Whole  amount  of  personal  prop- 
erty March  31,  1331  ,^15,793  02 

Whole  amount  of  appropriations 
from  first  to  last  about  ^^40,000  00 

Whole     number     of    prisoners, 

March  31,  1830  167 

Received  since,  to    March    31, 

1831,  inclusive  54 


Discharged  during  the  same  pe- 
riod by  expiration  of  sentence  32 
Pardoned  2 

Died  5 


221 


—        36 

182 
182 


Total  in  confinement  March  31, 

1831 
Males  147 — Females  35 

Elections — April,  1831. — The 
whole  delegation  to  Congress  (op- 
position) was  re-elected. 

The  lowest  on  that  ticket  10,038 

The  highest  on  tlie  administra- 
tion ^  5,280 

Bristol. — In  this  town,  which 
contains  a  population  less  than 
two  thousand,  thirtij  thousand 
clocks,  of  different  kinds,  have 
been  made  within  the  past  year, 
averaging  at  least  eight  dollars 
each  ;  at  which  rate,  the  manufac- 
ture of  clocks  in  that  small  town 
brincrs   in   an   annual   income  ot 


322 


ANNUAL  REGISTER,  1830—31. 


$240,000.  Bristol  contains  two 
large  factories  for  making  brass 
clocks,  in  which  about  800  hands 
are  constantly  employed. 

Legislation. — At  the  May 
Session,  1830,  the  General  Assem- 
bly passed  thirty-nine  acts  of  a 
public  nature. 

Among  them  was  one  entirely 
remodelling  the  criminal  law  of 
the  State.  By  it,  capital  offences 
were  reduced  to  three — treason, 
murder,  and  arson  causing  death. 
Other  offences  are  directed  to  be 
punished  by  confinement  in  the 
State  Prison,  either  for  life,  or  for 
a  term  of  years,  varying  from  two 
to  ten  years. 


An  act  was  also  passed,  declar- 
ing all  persons  believing  in  the 
existence  of  a  Supreme  Being,  to 
be  competent  witnesses  in  courts 
of  justice. 

A  tax  of  one  third  per  cent: 
was  imposed  on  the  non-resident 
stockholders  of  Insurance  Compa- 
nies. 

All  debtors  who  had  been  dis- 
charged from  imprisonment,  or 
who  were  not  liable  to  it,  were  lo 
be  considered  as  absconding  debt- 
ors, and  the  creditors  in  that  suit 
were  authorized  to  proceed  against 
their  property  in  the  hands  of  aft 
attorney  or  agent. 


VERMONT. 


Election. — In  1830,  the  votes 
stood,  for  Governor, 

Samuel  C.  Crafts  (opposition,)  13,476 
William  A.  Palmer  (anti-mas.,)  10,923 
Ezra  Meech  (Jackson,)  0,285 

No  otic  having  a  majority,  it  be- 
came necessary  for  the  Legisla- 
ture, at  the  October  Session,  to 
choose  a  Governor,  and  on  the 
32d  ballot,  Mr.  Crafts  was  elected. 

Samuel  Prentiss(opposition,)was 
also  chosen  to  represent  the  State 
in  the  Senate  of  the  U.  States. 

Legislation. — The  most  im- 
portant act  passed  at  that  session 
of  the  Legislature,  was  one  allow- 
ing the  defendants  in  judgments 
on  contracts,  to  appear  before  the 
court  during  the  term  in  which 
judgment  is  given,  to  be  examined 
touching  his  property,  and  author- 
izing the  court,  after  administer- 
ing the  oath  of  insolvency,  to  enter- 
ing a  record  thereof, — and  no  exe- 
cution was  to  be  afterwards  issued 
on  that  judgment,  against  the  per- 
son of  the  defendant. 

A    law    was    also    passed,    by 
which    the    property    of    absent 


debtors  was  subject  to  attachment 
in  the  same  manner  as  the  proper- 
ty of  absconding  debtors. 

Persons  imprisoned  for  torts, 
were  to  be  allowed  to  take  the 
benefit  of  the  act  for  the  relief  of 
poor  debtors,  after  having  been  im- 
prisoned a  reasonable  time. 

Resolutions  were  also  passed, 
non-concurring  in  the  amendment 
proposed  by  the  Legislature  of 
Georgia  to  the  Federal  Constitu- 
tion, by  which  the  present  mode 
of  choosing  the  President  was  al- 
tered, so  as  to  deprive  the  House 
of  Representatives  of  the  power  of 
electing,  in  any  event :  and  in  an 
amendment  proposed  by  the  Legis- 
lature of  Louisiana,  extending  the 
term  of  the  President  to  six  years, 
and  to  render  him  ineligible  after 
the  first  term. 

At   the   election   in   1831,    the 
votes  stood,  for 

William  A.  Palmer  (anti-mas.,)  15,258 

Heman  Allen  (nat.  repub.,)  12,990 

Ezra  Meech  (Jackson,)  6,158 

Scattering  270 

The    anti-masonic    ticket     for 


NEW  YORK. 


323 


counsellors  was  elected;  and  the    1831,  for  the  expenses  of  the  gov 
Legislature,  upon  the  9th   ballot,    ernment ;  and    a  tax  of  five  per 
elected  Wm.  A.  Palmer  Governor. 
Finances, — The  Report  of  the 


Treasury  Department  for  the  year 
ending  September  30,  1831,  was 
as  follows : 

Receipts. 


Taxes 

^59,391 

Court  fees 

1,569 

Interest  on  arrears 

1,443 

Commissioners  of  Deaf  and  Dumb 

199 

Agents  of  foreign  Insurance  Cq. 

269 

Law  repwrts  and  revised  Statutes 

393 

Bank  Dividends 

3,463 

Pedlars  licenses 

639 

State  bank  debts 

3,137 

School  fund 

S?,569 

Balance  in  Treasury 

4,408 

pijm 

Expenditures. 

Expenses  of  General  Assembly 

^12,443 

Salaries  of  Judges 

4,138 

do.  of  States  Attornies 

1,494 

Court  orders 

17,337 

Auditor's  orders 

4,286 

Wolfcertificates 

240 

Deaf  &  Dumb 

2,550 

State  prison 

6,^36 

Special  acts 

2,404 

School  fund 

9,586 

Salaries  of  Executive  officers 

2,475 

62,879 

School  fund 

Amount  on  bond  &  mortgage  ) 
at  last  report                         ) 

27,723 

Amount  loaned  since 

9,586 

Amount  paid  to  Commissioners 


37,309 
1,041 

36,268 


Amount  now  on  loan 

[A  tax  of  three  cents  on  the  dol- 
lar, on  the  polls  and  rateable  es- 
tate,  was  assessed  on  the  list  of 


cent,  on  all  stock  owned  by 
the  inhabitants  of  Vermont  in 
foreign  banks.  A  law  was  also 
passed  at  the  November  session, 
1831,  to  provide  a  safety  fund  for 
the  State  banks.  By  that  law  a 
tax  of  three  fourths  per  cent,  on 
the  capital  stock  of  the  banks  was 
to  be  levied  annually,  until  four 
and  a  half  per  cent,  should  be 
paid  into  the  treasury,  to  provide  a 
fund  for  the  redemption  of  the 
notes  and  debts  of  insolvent 
banks.  Whenever  the  bank  fund 
should  be  reduced,  by  the  demands 
upon  it,  below  four  and  a  half  per 
cent,  on  the  capital  stock  of  the 
contributing  banks,  the  annual  tax 
of  three  fourths  per  cent,  was  to  be 
levied,  until  the  deficiency  should 
be  made  up.  Three  bank  com- 
missi«)ners  were  to  be  appointed  to 
examine  the  condition  of  the 
banks,  with  power  to  apply  to  the 
Court  of  Chancery  to  close  the 
concerns  of  any  bank,  whose  con- 
dition is  suspected.  The  general 
features  of  the  system  resemble 
those  of  the  New-York  bank  fund 
system  ;  for  an  account  of  which, 
vide  Vol.  III.  p.  26.] 

Mai/  10,  1831.— A  steamboat, 
laden  with  merchandize,  arrived 
at  Windsor,  on  the  Connecticut 
river. 


NEW  YORK. 


Election. — November,  1830. — 
The  votes  for  Governor  stood,  for 
Enos  T.  Throop  (Jackson,)  128,842 
Francis  Granger  (Anti-mason,)  120,3GI 
Williams  2,332 

Finances. — For  the  year  ending 
September,  1831. 

Receipts. 
Canals,  tolls,  revenue,  <fec.    ^1,202,531,81 
Principal  and  interest  on  bonds  ' 

for  lands  of  the  general  fund      72,047  80 
Principal  and  int.  on  do.  of  com- 
mon school  fund  36,263  09 

28* 


Principal  and  int.  on  do.  of  liter- 
ature fund  18,528,86 

Principal  and  int.  on  loans  to 
individuals  29,322  90 

First  payment  on  sales  of  lands 
of  the  general,  school,  liter- 
ature, and  canal  funds  47,898  18 

Fees  from  state  offices  1,658  78 

Bank  fund  27,084  70 

Bank  dividends  18,103  80 

Principal  and  int.  of  the  loan 

of  1792  39.604  35 

Ditto  of  the  loan  of  1 808  49,616  35 

Arrears  of  county  taxes  and 
interest  30,279  87 


324 


ANNUAL  REGISTER,  1830—31. 


Tax  on  foreign  insurance 

companies  2,567  16 

Balance  due  from  individuals  4,1.-8  95 

Sale  of  Revised  Statutes  6,006  07 

Military  fines  1,147  26 

Redemption  of  lands  sold  for 

county  taxes  10,705  72 

Sales  of  bank  stock                     '  42,098  24 

Interest  on  canal  stock,  be- 
longing to  school  fund  15,262  50 

In  full  of  the  bond  of  the  Cor- 
poration of  Albriny  51,508  22 

From  N.  Y.  health  comm'r  for 

mariner's  fund  12,197  68 

Various  miscellaneous  sources  22,947  95 


,^1,740,531  16 

The  nominal  capital  of  the 

general  fund  is 

^1,131,026  05 

By  a  law  of  the  last  sessions, 

the   Comptroller  was  di- 

rected   to    ascertain  the 

■  ,  :  J 

actual  value  of  the  capi- 

tal of  this  fund.    The  re- 

port exhibits  the  real  val- 

ue to  be 

803,291  62 

Leaving  a  difference  between 
the  nominal  and  real  val- 
ue of  the  capital  of  the 
fund,  of 


;^327,734  43 


Payments. 

For  ■salaries,  governor,  judicial. 

and  state  officers,  &c. 

^28,413  77 

Clerk  hire  in  all  public  offices, 
Legislature,  including   contin- 

7,676 49 

gent  expenses 

75,006  80 

Court  of  Errors 

3,987  80 

State  Prison  at  Sing  Sing 

35,090  10 

Transportation  of  convicts 

9,602  09 

Conmion  school  dividends 

100,000  19 

Indian  annuities  to  tribes 

17,263  95 

Coutts  martial 

2,244  70 

County  treasurers 

46,023  4^ 

Regents  of  the  University 

5,653  56 

Hospital  in  New  York 

16,875  00- 

Deaf  and  Dumb  do. 

5,153  02 

Central  Asylum 

,      1,440  90 

Foreign  poor  in  N.  York 

5,000  00 

State  Library 

1.062  38 

Postage 

1,997  51 

Apprehension  of  criminals 

2,000  00 

Revising  and  publishing  laws 

5,61  i  46 

Printing 

13,714  46 

Commissioners  of  the  Canal 

Fund 

1,276,965  44 

Albany  Basin  Company,  for 

tolls 

2,822  37 

Bounty  on  salt 

3,798  71 

Redemption  of  lands  for  coun- 

ty taxes,  refunded 

11,114  91 

Bank   fund,  for  purchase   of 

stocks,  salaries  of  commis- 

sioners, &LC. 

14,966  33 

Special  Councilin  the  Morgan 

,    affiiir 

2,722  30 

Witnesses  in  the  Spalding  case  3,363  12 

Investigation,  N.  Y.  Hospital  1,615  C9 

Trustees  Seamen's  fund  12,197  68 

Various  items  of  expenditure.  30.691  97 


,^1,747,987  45 
The   bal.  in  the   Treasury  on    the  1st  of 
December  1830,  was  ^69,893  84. 

The  capital  of  the  school  fund  includ- 
ing $50,000  Middle  District  bank  stock, 
is  $1,754,159 

Capital  of  literature  fund,  263,508 

do.     of  bank  fund,  2C,499 

Amount  due  from  the  general  fund  to 
the  common  school,  literature,  and  bank 
funds,  as  follows,  viz. 
To  the  common 
school    fund, 
capital  $61,887  64 

Revenue     80,062  33 

— ■ $142,549  97 

To  the  literature 


fund,  capital     $16,083  75 
Revenue     10,905  67 


To  tlie  "bank  fund,  capital 


From  which  deduct  the  bal 
ance   in   the   treasury  on 
the   30th   Sept.   1831,   as 
above, 


26,989  42 
12,118  37 

$181,657  76 


62,437  55 


And  there  will  remain  a  de- 
ficit of  means  in  the  treas- 
ury tomeet  the  debt  to  the 
specific  funds,  of  $1 19,220  21 

which  sum  constitutes  the  existing  debt 

against  the  treasury,  separate  from  the 

canal  debt. 

The  canal  debt  is  stated  in  the  report 

as  follows  : — 

Loaned  at  6  per  cent.         $2,943,500  GO 
5        "  5,112,145  86 


Making  a  total  of        $8,055,645  86 


The  estimated  ordinary  expenses  of  the 
government  for  the  current  year,  as  ex- 
hibited in  the  report,  are       $269,967  36 
The  estimated  income  from 
the  general  fund,  compos- 
ed both  of  capital  and  rev- 
enue, and   applicable    to 
these  expenses,  is  only         112,100  00 


Leaving  a  deficiency  in  the 
income,  from  the  fund  ap- 
plicable to  it,  to  meet  the 
ordinary  expenses,  of       $157,867  36 


NEW  YORK. 


325 


Erie  and  Champlain  canals. 

Total  amount  of  expenditures,  agreeable 

to  report  of 

1821    .  . 

$2,004,523  52 

1822   .  . 

1,184,468  73 

]823    .  . 

.1,941,962  37 

1824    .  . 

.  1,785,447  84 

1825   .  . 

.  1,356,720  18 

1826    .  . 

.  .  813,146  97 

1827   .  . 

.  .  368,103  51 

1828    .  . 

.  .  162,130  10 

1829    .  . 

.  .    91,902  72 

1830    .  . 

.  .    49,107  55 

1831    .  . 

.  .   21,340  69 

9 

,798,854  20 

Oswego  canal, 

,  from  1826  to 

date  of  the 

report  (22d 

Feb.  1831) 

538,241  02 

Cayuga  and  Seneca  canal — 

the  same 

172,594  51 

Chemung  canal— total 

96,324  75 

Deposits  on  account  of 
debts 

Dividends  unpaid 

State  of  New  York  de- 
posits 

Canal  Fund  deposits 

Due  to  banks  in  New  York 

Due  to  other  banks 

Due  private  bankers  ih 
New  York 

Individual  deposits 

Due  from  branch  to  pa- 
rent banks 


Total  expenditures  in  mak- 
ing the  canals  $10,606,514  48 
The  repairs  of  the  Erie  and  Cham- 
plain  canals,  have  cost,  from  1826  to 
1830,  inclusive  of  both,  $1,076,380  90; 
the  Oswego  canal  for  1828,  1829, 1830, 
and  to  Feb.  22,  1831— $34,230  85;  the 
Cayuga  and  Seneca,  1828  and  1830— 
$13,947  00.  Total  cost  of  repairs  $1,- 
124^58  84. 

Aggregate  statement  of  twenty-nine  banks, 
reporting  to  bank  commissioners, 
Jan.  1,  1831. 
Discounted  notes  $11,155,025  88 


Bonds  and  mortgages 

Real  estate 

Stock  owned 

Expenses,  &c. 

Due  from  individuals  on 
account 

Specie 

Notes  of  other  banks 

Other  items  counted  as 
cash 

Due  from  private  bank- 
ers in  New-York 

Due  from  banks  in  New- 
York 

Due  from  other  banks  and 
incorporations 

Suspense  account,  &c. 

Due  from  branches  to  pa- 
rent banks 


272,940  20 
11.579  62 
63;471  00 
48,159  87 

120,699  88 

443,383  55 

1.028,83145 

169,497  77 

1,049,323  38 

1 ,663,896  29 

1,246,447  23 
8,309  20 

404,126  47 

$18,115,031  04 


93.938  10 
39',841  89 

129,763  58 
1,484,873  14 

115,459  32 
1,394,025  62 

■69  99 
1,608,095  91 

404,688  64 


Capital  $6,294,600  00 

Bank  notes  in  circulation    5,870,935  39 
Profit  and  loss  678,729  46 


$18,115,031  04 

Of  the  banks  subject  to  the  Safely 
Fund  law,  the  total  capital  employed, 
is  $6,294,600  00 

Stock  owned  by  non-resi- 
dents of  the  state  891,964  00 
Bank  notes  in  circulation     5,870,934  00 
Specie  on  hand  443,383  55 
Director's  liabilities  to  the 

bank  1,288,783  33 

Stock  owned  by  directors     1 ,696,160  00 
The  capital  employed  of 
the  banks  not  subject  to 
the  safety  fund,  is  21,323,460  00 

Revenue  of  the  canals  for 
the  year  1830  $1,556,799  00 

Salt. — Amount  inspected  during 
the  year  1830,-1,430,000  bushels. 

Education. — Colleges,  4;  medi- 
cal colleges,  2;  academies,  55  ;  stu- 
dents in  the  colleges  506  ;  in  the 
medical  colleges  276;  in  the  acade- 
mies 3,835.  Common  school  dis- 
tricts, 9,062.  Scholars  taught  in 
common  schools,  499,424.  Ex- 
pended annually  for  the  support  of 
the  common  schools,$l,061,699,'  of 
this  amount,  about  one  tenth  is  de- 
rived from  the  revenue  of  the  school 
fund,  another  tenth  is  raised  by  a 
tax  upon  the  property  of  the  towns 
respectively  ;  something  less  than 
two  tenths  is  raised  by  a  tax  upon 
the  property  of  the  district,  in  pur- 
suance of  a  vote  of  the  inhabitants 
thereof;  and  the  residue,  nearly 
six  tenths,  |617,820,  is  paid  by 
the  parents  and  guardians  of  the 
scholars,  for  books,  and  for  the 
balance  of  their  school  bills,  after 
the  public  money  has  been  applied. 


326 


ANNUAL  REGISTER,  1830—31. 


The  average  number  of  those 
attending  school,  compared  with 
the  whole  number  of  inhabit- 
ants of  the  state,  is  as  1  to  4,  very 
nearly.  In  Russia,  there  is  one 
child  at  school  for  every  7  inhabit- 
ants ,  in  Bavaria  1  to  8  ;  in  Eng- 
land 1  to  15. 

Clergy  in  the  state  1,382 

Attorneys  and  counsellors  at  law    1,741 
Physicians  and  surgeons  2,549 

Military  Establishment. 
Horse  artillery  1,716 

Cavalry  5,814 

Artillery  12,803 

Infantry,  including  riflemen        166,514 
27  companies  of  artillery  and  cav- 
alry,  attached  to  infantry  for 
inspection  1,679 


Total  rank  and  file 


188,526 


Agriculture. 

Acres  of  land  in  the  state       29,495,720 

Acres  of  improved  land 
7,160,967;  value  179,024,175 

Value  of  neat  cattle,  hor- 
ses, sheep,  and  hogs  42,264,137 

$221,288,312 

Population,  1,934,496.  Yards 
of  woollen, cotton,  and  linen  cloths 
manufactured  in  1830, 14,466,226. 
Number  of  grist  mills,  2,264.  Saw 
mills,  5,195.  Oil  mills,  121.  Ful- 
ling mills,  1,222.  Carding  ma- 
chines, 1,584.  Iron  works,  170. 
Trip  hammers,  164.  Distilleries, 
1,129.     Asheries,  2,105. 

There  are  237  newspapers — pub- 
lishing annually,  as  is  estimated, 
14,536,000  printed  sheets. 

Manufactures.  There  are  88 
cotton  manufactories,  20S  woollen, 
200  iron. 

Cotton.  The  cotton  manufacto- 
ries employ  about  132,000  spindles. 
About  22,000  bales  of  raw  cotton 
are  used,  and  the  annual  value  of 
cottou  goods  manufactured,  ex- 
ceeds $3,000,000. 

Woo/.  Value  of  woollen  goods 
annually  manufactured  (exclusive 


of  those  made  in  families,)  consid- 
erably upwards  of  $3,000,000. 

Iron.  Value  of  annual  manu- 
facture, 14,000,000. 

Paper.  About  50  paper  mills. 
Value  of  annual  manufacture, 
$500,000. 

Hats.  Value  of  annual  manu- 
facture, $3,000,000. 

Boots  and' shoes,         do.     do. 
$5,000,000. 

Leather,    do.     do.  $2,905,750. 

Window  glass,  do.      $200,000. 
Manufactured  in  families  as  per 
state  census  returns. 

Fulled  cloths,  2,918,233  yards, 
value  $2,918,3-23. 

Flannels  and  other  woollens,  not 
fulled,  3,468,001  yards,  value 
$693,600. 

Linen,  cotton,  and  other  cloths, 
8,079,992  yards,  value  $1,211,998. 

Legislation. — At  the  session 
of  1831,  an  act  was  passed  abol- 
ishing imprisonment  for  debt,  in 
suits  upon  contracts,  except  in 
case  of  fraud,  and  then  authorising 
close  confinement.  It,  however, 
allows  the  prisoner  to  be  discharg- 
'ed,  upon  his  assigning  his  property 
for  the  benefit  of  his  creditors. 

A  joint  resolution  was  passed, 
declaring  it  to  be  the  sentiment  of 
the  legislature,  that  the  charter  of 
the  bank  of  the  United  States 
ought  not  to  be  renewed.  On  the 
passage  of  the  resolution,  the  votes 
stood  in  the  Assembly, 
Ayes  73 

Nays  35 

In  the  Senate, 
Ayes  17 

Nays^  J  3 

An  amendment  to  the  state  con- 
stitution was  proposed  and  sanc- 
tioned by  the  legislature,  vesting 
the  choice  of  the  Mayor  of  the 
city  of  New  York,  in  the  electors 
of  that  city  ;  and  another  amend- 
ment to  reduce  the  tax  on  manu- 


NEW  YORK. 


32^7 


factured  salt,  to  six  cents  per 
bushel. 

A  resolution  was  also  proposed 
in  the  Assembly  by  JMr.  Selden, 
and  passed  without  opposition,  de- 
claring, if  the  Senate  concur,  that 
the  surplus  revenues  of  the  United 
States,  beyond  what  shall  be  deem- 
ed by  Congress  necessary  for  the 
expenses  of  the  general  govern- 
ment, and  a  proper  provision  for 
public  defence  and  safety,  ought 
to  be  annually  distributed  among 
the  several  States,  according  to 
their  population,  to  be  estimated 
in  the  manner  pointed  out  by  the 
second  section  of  the  first  article  of 
the  constitution,  for  the  apportion- 
ment of  representatives  and  direct 
taxes. 

In  the  Senate,  the  resolution 
was  referred  to  a  Committee, 
which  reported  in  favor  of  its  pas- 
sage, but  opposition  being  mani- 
fested to  it,  it  was  never  acted 
upon^ 

Controversy  between  New 
York  and  New  Jersey. — By 
certain  documents  which  were  laid 
before  the  legislature,  relative  to 
the  controversy  between  that  State 
and  the  State  of  New  Jersey,  as  to 
territory  and  jurisdictional  limits, 
it  appears,  that  New  Jersey  com- 
menced a  suit  in  the  Supreme 
Court  of  the  United  States,  in 
which  she  sets  forth  that  she  is 
justly  entitled  to  the  exclusive  ju- 
risdiction and  property  of,  and  over 
the  waters  of  the  Hudson  river, 
from  the  41st  degree  of  latitude,  to 
the  bay  of  New  York,  or  midway 
of  the  said  river,  and  to  the  mid- 
way of  the  channel  of  the  said  bay 
of  New  York,  and  the  whole  of 
Staten  Island  Sound,  together  with 
the  land  covered  by  water  of  the 
said  river,  bay,  and  sound,  in  the 
like  extent.  To  bring  the  matter 
.:o  an  issue,  she  filed  her  bill,  and 
procured  a  subpoena  to  be  served 


on  the  governor  and  attorney  gen- 
eral,  to  appear  on  behalf  of  the 
people  of  the  state  of  New  York, 
and  answer  thereto,  under  the  pen- 
alty of  five  hundred  dollars.  The 
governor  informed  the  legislature, 
that  unless  otherwise  directed,  he 
should  instruct  the  attorney  general 
to  protest  against  any  waiver  of 
right  by  appearing,  but  to  appear 
to  contest  the  suit  in  its  progress. 

In  the  first  instance,  the  govern- 
or, upon  the  advice  of  the  attor- 
ney general,  determined  not  to  ap- 
pear, nor  to  acknowledge  the  juris- 
diction,ofthe  federal  court ;  but  the 
public  opinion  of  the  state,  was  so 
decidedly  expressed  against  that 
course  that  he  was  compelled  to 
forego  his  purpose,  and  offer  the  de- 
cision ofthe  supreme  court  in  Janu- 
ary Term,  1831,  ordering  the 
State  of  New  York,  to  appear 
at  the  next  term ,  or  in  case 
of  default,  the  Court  would  proceed 
to  hear  the  cause,  the  governor 
transmitted  the  following  message 
to  the  legislature,  setting  forth  his 
reasons  for  refusing  to  appear  upon 
the  first  citation. 

'  Gentlemen, — I  consfdef  it  my 
duty  to  lay  before  you,  the  accom- 
panying communication  from  the 
attorney  general,  concerning  our 
controversy  with  New  Jersey.  The 
matter  to  which  it  relates,  derives 
much  of  its  importance  from  the 
grounds  assumed  by  the  judges  of 
the  supreme  court  of  the  Unit- 
ed States  with  regard  to  their 
powers  ;  and  I  feel  bound  to  pre- 
sent to  you  my  views  of  the  sub- 
ject, as  well  as  the  course  which  I 
feel  impelled,  by  a  regard  to  the 
interests  and  honor  of  the  state,  to 
pursue,  unless  you  shall  think 
proper  to  give  it  a  different  direc- 
tion. 

'  You  are  apprised,  by  the  accom- 
panying papers,  and  those  which 
have  preceded  them,  from  the  sam€i 


328 


ANNUAL  REGISTER,  1830—31. 


source,  of  the  several  steps  taken 
by  the  State  of  New  Jersey,  to 
compel  our  appearance  before  the 
national  judiciary,  to  contest  with 
her  the  question  of  sovereignty 
over  a  portion  of  the  waters  of 
Hudson  river.  It  seems  to  be  a 
mere  sovereignty  over  the  waters, 
inasmuch  as  New  Jersey  admits 
in  her  bill  of  complaint,  that, 
whatever  right  she  may  have  had 
to  the  islands,  those  rights  have 
been  lost  by  adverse  possession 
and  the  lapse  of  time 

'The  attorney  general, with  my 
sanction,  has  hitherto  declined  to 
appear  in  court,  and  respond  to 
the  complaint,  without  intending 
any  disrespect  to  that  high  tribunal, 
and  in  a  manner,  which  1  trust, 
precludes  the  imputation  of  such 
a  motive.  His  refusal  to  appear, 
was  grounded  upon  the  belief,  that 
the  court  has  not  been  invested 
with  the  power  to  take  cognizance 
of  original  suits  where  a  state  is 
made  a  defendant  party.  The  rea- 
sons for  this  opinion,  is  more  fully 
detailed  by  the  attorney  general, 
but  may  be  succinctly  stated  as 
follows  : — 

'  1.  It  was  not  designed,  by  the 
constitution,  to  confer  that  power 
on  the  court,  until  congress  had 
legislated  upon  it,  and  declared 
what  controversies  between  states 
were  proper  to  be  entertained  by 
the  court,  and  what  should  be  the 
mode  of  proceeding.  The  consti- 
tution is  silent  in  regard  to  both  of 
these  matters.  A  strong  argument 
in  favor  of  this  construction,  is  af- 
forded by  that  clause  in  the  con- 
stitution, which,  after  enumera- 
ting the  powers  of  congress,  adds, 
*'  To  make  all  laws  which  shall  be 
necessary  and  proper  for  carrying 
into  execution,  the  foregoing  pow- 
ers, and  all  other  powers  vested  by 
the  constitution  in  the  government 


of  the  United  States,  or  in  any  de- 
partmcnt  or  officer  thereof." 

*2.  That  congress  had  passed  no 
laws  for  those  purposes, 

*  In  1789,  a  judiciary  act  was 
passed,  giving  vv^rits  and  other  pro- 
ceedings in  all  cases,  other  than 
those  where  a  state  was  defendant. 
This  was  a  practical  construction 
of  the  constitution,  and  showed 
their  opinion,  that  legislation  was 
necessary  to  enable  the  court  to 
proceed.  And  by  neglecting  to 
provide  specifically  for  proceeding 
in  controversies  between  states, 
they  indicated  their  opinion,  that 
the  time  had  not  arrived,  when  it 
would  be  proper  for  the  court  to 
entertain  such  suits.  The  mean- 
ing of  congress  is  most  distinctly 
marked  by  the  wording  of  the  judi- 
ciary act.  It  grants  to  the  court 
the  power  to  issue  certain  writs  ; 
and  further,  "  all  other  writs  not 
specially  provided  for  by  statute, 
which  may  be  necessary  for  the 
exercise  of  their  respective  juris- 
dictions, and  agreeable  to  the  prin- 
ciples and  usages  oflawT  Now, 
as  no  mode  as  proceeding  against 
a  sovereign  state,  is  known  to  the 
common  law,  it  would  seem  to  be 
a  fair  conclusion,  that  congress  de- 
signed, by  precise  and  unequivocal 
language,  to  exclude  an  implica- 
tion that  the  power  to  proceed 
against  a  state  was  granted  by  the 
act. 

'  3.  Although  the  court  has  fre- 
quently attempted  to  exercise  this 
power,  by  entering  suits  against 
states,  and  summoning  them  to  ap- 
pear and  answer,  no  state  had  ever 
obeyed  their  summons ;  thereby 
virtually  denying  the  power  of  the 
court. 

'  4.  Several  attempts  have  been 
made  by  states,  to  prevail  upon  con- 
gress to  pass  laws  for'  this  object  ; 
but  they  have  uniformly  refused  to 


NEW  YORK. 


329 


vest  this  power  in  the  court.  Two 
of  these  attempts  made  in  1822 
and  1828,  are  detailed  in  the  sev- 
eral reports  of  the  attorney  general. 

'5.  The  state  of  New  Jersey  has 
impliedly  admitted  the  want  of 
power  in  the  court,  by  her  attempt 
to  obtain  the  passage  of  a  law  in 
1822,  and  by  a  proposition  made 
through  her  commissioners  to  the 
commissioners  on  the  part  of  this 
state  in  1827,  to  submit  this  con- 
troversy to  the  supreme  court,  as  an 
impartial  tribunal,  to  arbitrate  be- 
tween the  parlies. 

'  Taking  the  foregoing  view  of  the 
subject,  1  did  not  consider  myself 
justified  in  permitting  the  state  to 
be  represented  as  a  party  defendant 
before  a  tribunal  which  had  no 
right  to  exercise  authority  over  us, 
and  which  I  confidently  hoped 
would,  on  a  review  of  its  own  pow- 
ers, come  to  that  conclusion. 

'But  the  matter  has  now  assumed 
a  neiV-aspect.  The  opinion  of  that 
court,  shows  that  they  view  that 
subject  differently,  or  at  least,  are 
disposed  to  assume  the  jurisdiction 
on  an  exparte  case. 

'  The  grounds  upon  which  it  is 
supposed  that  the  court  claims  cog- 
nizance of  the  controversy,  are, 

*1.  That  ample  power  is  given  to 
them  by  that  clause  of  the  consti- 
tution, which  ordains  thai  "  The 
judicial  power  shall  extend  to  con- 
troversies between  two  or  more 
states."  That  having  the  power, 
the  means  of  exercising  it  are  in- 
cidental ;  and  that  they  may,  by 
rules  of  court,  prescribe  the  forms 
of  proceeding. 

'  That  the  proceedings  in  suits  be- 
fore that  court,  prescribed  by 
statute,  are  applicable  to  cases 
where  a  state  is  defendant,  and 
that,  therefore,  congress  has  legis- 
lated on  th3  subject :  and 

'  3.  That  the  decisions  of  that 
court   have  been  uniform,  in   all 


cases  which  have  come  before  it, 
and  support  the  authority  of  the 
court. 

'  We  have  now  reached  a  point  in 
the  progress  of  this  litigation, 
where  the  future  action  of  the 
state  should  be  determined  upon 
with  deliberation, and  governed  by  a 
due  sense  of  all  the  high  responsi- 
bilities resting  upon  us,  as  citizens 
of  the  United  States,  and  members 
of  a  corporate  state  sovereignty. 
This  state  can  never  forget  that 
she  is  a  member  of  the  union,  and 
has  a  large  stake  in  its  perpetuity. 
While  she  will  permit  no  encroach- 
ments on  the  part  of  the  general 
government,  she  will  put'  forth  her 
strong  arm,  in  time  of  need,  to 
support  it  in  the  exercise  of  its  ac- 
knowledged powers.  If,  on  this 
occasion,  she  is  compelled  to  differ 
with  the  national  judiciary,  I  have 
no  doubt,  that  she  will  do  so  firmly 
and  dispassionately,  and  afford  a 
becoming  example  of  respect  to- 
wards the  tribunal  deemed  worthy 
by  the  founders  of  our  government, 
to  be  the  depository  of  the  power 
for  preserving  the  peace  of  the 
Union. 

'  It  was  undoubtedly  a  part  of  tfie 
detdgn  of  our  government,  to  have 
a  judicial  tribunal  to  decide  on  all 
questions  of  conflicting  rights, 
growing  out  of  the  limitations  of 
the  sovereignty  of  the  states,  and 
the  specific  delegations  of  power 
to  the  general  government.  And 
one  of  its  special  objects  was  to 
adjust  amicably,  all  such  differ- 
ences as  might  arise  between  the 
states.  The  want  of  such  a  power, 
with  sufficient  energy  to  enforce  its 
decisions,  was  one  of  the  leading 
motives  for  proposing  a  constitu- 
tion. 

*  Every  worthy  American  must 
be  penetrated  with  feelings  of  grat- 
itude, when  he  contemplates  the 
beautiful  structure  of  our  govern- 


330 


ANNUAL  REGISTER,  1830—31 


ment,  and  the  wonderful  harmony 
and  adaptation  of  its  parts.  The 
people,  although  divided  into  sev- 
eral communities,  are,  neverthe- 
less, by  their  compact,  bound  to- 
gether in  fraternal  relations,  under 
a  common  head,  with  all  the  same 
social  interests,  duties,  and  feel- 
ings, which  belong  to  a  consolidat- 
ed nation.  In  its  great  outlines, 
human  wisdom  could  not  devise 
anything  more  perfect,  to  secure 
to  those  who  live  under  its  protec- 
tion, in  the  possession  of  their 
rights,  and  to  defend  them  from 
calamities  attendant  upon  civil  dis- 
sensions. It  would  have  been  es- 
sentially defective  in  its  arrange- 
ments, if  provision  for  the  adjust- 
ment of  disputes  between  the 
members  of  the  confederacy  had 
been  omitted.  An  appeal  to  arms, 
which  is  the  only  means  of  redress 
by  one  nation  for  the  wrong  com- 
mitted upon  it  by  another,  is  ill 
suited  to  the  condition  of  the  mem- 
bers of  the  same  political  family. 

'  But  in  this  part  of  the  system, 
an  inherent  difficulty  reminds  us 
of  the  imperfections  of  all  human 
works.  Our  government  is  based 
upon  a  written  constitution,  which 
is  the  rule  of  conduct  for  all  the 
constituted  authorities.  Legisla- 
tive discretion  finds  its  limits  there. 
Who  shall  decide  when  its  boun- 
daries are  trangressed  ?  If  this 
power  had  been  placed  in  congress, 
then  not  the  constitution,  but  the 
will  of  that  body,  would  be  the  fun- 
damental law  of  the  empire.  It  is 
in  the  nature  of  things,  that  there 
must  be  an  irresponsible  power 
somewhere  ;  and  in  the  adjustment 
of  the  parts  of  our  government,  it 
was  deemed  essential  to  the  uni- 
formity of  its  action,  to  place  it  be- 
yond the  influence  of  those  com- 
motions arising  from  popular  er- 
rors, which  indiscriminately  des- 
troy, and  soon  pass  away.     This 


power  was,  therefore,  intended  to 
be  placed  in  judicial  officers,  ren- 
dered immovable  save  for  miscon- 
duct. 

'  This  body,  being  the  ultimate 
tribunal,  from  which  no  appeal 
lies,  must  necessarily  decide, 
among  other  things,  upon  its  own 
constitutional  powers.  The  only 
relief  from  its  errors,  rests  in  a  re-  • 
sort  to  amendments  of  the  consti- 
tution, to  an  impeachment  of  the 
judges,  and  in  cases  of  flagrant 
usurpations,  to  a  refusal  by  the 
officers  to  execute  its  decrees,  or  a 
forcible  resistance  on  the  part  of 
the  state  which  is  sought  to  be 
subjected  to  its  power. 

'  While  we  deny  to  the  supreme 
court  the  right  to  bring  us  before  its 
judgment  seat,  we  have  no  reason 
to  believe  that  it  designs  to  usurp 
authority  over  us,  or  that  it  will 
persist  in  enforcing  a  jurisdiction, 
when  it  is  convinced  of  its  error. 
Indeed  the  court  seem  to  invite 
us  to  a  discussion  of  their  power, 
in  the  closing  part  of  their  opin- 
ion, where  they  say,  that  "  the 
question  of  proceeding  to  a  final 
decree  will  be  considered  as  not 
conclusively  settled,  until  the  cause 
shall  come  on  to  be  heard  in  chief." 

*  However  clear  we  may  consider 
the  question  to  be,  that  the  court 
has  no  power,  yet  the  only  peaceful 
tribunal  which  has  cognizance  of 
the  question  has  decided  it,  pro- 
visionally against  us,  and  it  be- 
comes a  question  of  magnitude, 
whether  we  shall  now  assume  an 
attitude  of  resistance,  or  whether 
we  shall  embrace  the  opportunity 
still  presented  to  us,  to  debate  the 
question. 

*  It  will  be  proper  to  inquire  in 
the  first  place,  if  any  and  what 
rights  of  the  state,  will  be  com- 
promised, by  any  appearance  in 
court  to  contest  the  jurisdiction, 
and  ultimately  to  try  the  merits  of 


KEW  YORK. 


331 


the  dispute  between  the  states.  A 
resort  to  forcible  resistance  would 
be  both  unwise  and  unbecoming  in 
the  state,  except  on  undisputed 
ground,  and  at  the  last  point  of 
forbearance. 

'It  has  been  feared  by  some,  that 
if  we  should  appear  in  court,  we 
should  thereby  waive  our  right  to 
object  to  the  jurisdiction  in  the 
subsequent  progress  of  the  cause, 
if  a  law  of  congress  be  necessary 
to  give  effect  to  the  constitution, 
and  the  court  takes  no  jurisdic- 
tion without  it,  then  appearance  by 
the  court  waives  nothing.  Juris- 
diction cannot  be  conferred  by  an 
act  which  does  not  extend  it  over 
all  of  the  states.  The  constitution 
or  the  law,  or  both  conjointly,  may 
, confer  such  a  jurisdiction,  but  no 
state  can  bestow  it  either  by  im- 
plication or  express  consent.  It 
is  a  rule  of  law,  that  the  consent  of 
a  party  does  not  give  jurisdiction  ; 
a  court  takes  no  more  power  by  vir- 
tue of  it,  than  an  unofficial  person. 
The  authority  of  a  tribunal  erected 
loy  the  consent  of  the  parties,  is  de- 
rived from  the  submission,  and 
cannot  be  extended  beyond  its 
term.  Contending,  as  we  do,  that 
the  clause  of  the  constitution  which 
declares  that  the  judicial  power 
shall  extend  to  controversies  be^ 
tween  states,  is  a  dormant  power, 
and  does  not  attach  to  any  tribunal 
until  it  is  vivified  by  an  act  of 
congress,  our  appearance,  in  com- 
pliance with  a  summons  from  the 
court,  under  a  protest  against  its 
proceedings,  will  admit  nothing. 

'  But  supposing  that  this  position 
is  untenable,  and  that  the  consti- 
tution should  be  interpreted  to 
mean  to  invest  the  court  with  a 
jurisdiction,  which  is  unable  to  ex- 
ecute, for  want  of  process  to  bring 
the  parties  into  court ;  yet  we  have 
a  right  to  contend,  and  I  think  we 
will  be  sustained  by  the  court,  and 
'      29 


the  enlightened  sense  of  the  Amer- 
ican people,  that  the  technical 
rules  of  law,  so  proper  and  expe- 
dient in  ordinary  causes  between 
private  parties,  ought  not  to  apply 
to  a  case  so  peculiar  and  momen- 
tous. This  case  is  entirely  anom- 
alous, involving  a  great  and  fun- 
damental question  of  rights  it  is 
to  determine  the  limits  of  power 
between  a  state  sovereignty  and 
an  arm  of  the  national  government, 
beyond  which,  there  is  no  appeal, 
except  to  that  which  severs  the 
bonds  of  the  Union,  and  involves 
us  in  all  the  horrors  of  a  civil  war. 
Such  rights  as  we  contend  for,  are 
not  to  be  controlled  by  technicali- 
ties, and  cannot  be  waived  by  an 
implication.  We  have  too  much 
regard  to  the  public  peace,  too 
much  respect  for  the  constituted 
authorities,  too  much  interest  in 
sustaining  the  national,  as  well  as, 
state  governments  in  their  proper 
spheres,  to  put  at  defiance  any 
branch  of  authority  created  by  the 
constitution,  until  argument  and 
remonstrance  are  exhausted. 

'  We  have  great  confidence,  that 
when  the  merits  of  the  controversy 
between  this  state  and  New  Jer- 
sey shall  be  examined,  they  Will 
be  found  to  rest  with  us.  If  this 
should  be  the  result  of  an  investi- 
gation before  the  court,  it  would 
quiet  this  hitherto  vexatious  dis- 
pute, which  has'so  long  disturbed 
our  harmony  with  a  sister  state. 
If,  however,  judgment  should  pass 
contrary  to  our  expectations,  and 
justice  should  not  demand  of  us  to 
cede  the  disputed  territory,  and 
we  should  still  deny  the  authority 
of  the  tribunal,  we  should  then  be 
in  as  good  a  condition  to  resist  the 
execution  of  the  judgment,  as  if  it 
had  passed  against  us  by  default  of 
appearance. 

*  As  the  court  has  seen  fit  to  se- 
lect the   executive   and  attorney 


332 


ANNUAL  REGISTER,  1830—31. 


general,  as  the  proper  persons  to 
bring  into  their  court,  as  the  rep- 
resentatives of  the  State,  1  shall, 
unless  otherwise  directed  by  the 
legislature,  instruct  the  attorney 
general,  to  protest  against  any 
waiver  of  right  by  appearance,  and 
to  appear  and  contest  the  suit  in 
its  progress  to  its  final  determina- 
tion. 

E.  T.  THROOP. 
Albany,  March  10, 1S2V 


An  effort  was  made  to  sustain 
the  doctrines  of  this  Message  in 
the  legislature  ;  and,  with  that 
view,  the  subject  was  referred  to  a 
cotnmitfee,  which  brought  in  a  re- 
port in  favor  of  the  views  of  the 
government,  and  a  counter  report, 
exposing  their  futility,  in  so  power- 
ful a  manner,  that  his  friends 
were  unwilling  to  agitate  the  sab^ 
yeti  further. 


NEW  JERSEY, 


Elections. —  October  y  1830. — 
Peter  D.  Vroom  was  re-elected 
Governor  by  the  legislature. 

18S1. ^'Januari/. — The  nation- 
al republican  ticket  succeeded 
at  the  congressional  election  in 
this  State.  The  votes  for  the  vari- 
ous candidates  wete  as  follows  :— 

Jackson.  Clay. 

Travers  13.910  S.  Condit  t5,197 

Fowkr  13;916  L.  Gondii  ir.,2e5 

Parker  14,356  Randolph  34^10 

Wurlz  14,254  Southard  15.083 

Mickle  ]4,209  Cojaper  15,159 

Jeffers  13,087  Hughes  15,014 

IS^X.—Novemher.'^Goy.  Vroom 
was  re-elected. 

From  the  message  of  the  Gov- 
ernor to  the  Legislature  it  appears, 
that  the  balance  in  the  State  trea- 
sury, after  paying  the  ordinary  ex- 
penses, is  $15,000. — The  opera- 
jtions  of  the  school  fund  have  paid 
the  annual  appropriation  of  $20,- 
000  to  the  common  schools,  and 
leave  a  small  surplus  to  be  added  to 
the  principal.  The  amount  of  the^ 
fund  is  $225,7$8.^There  are 
2,350  stand  of  arms,  fit  for  use,  in 
the  armory  in  the  State  Jlouse,  be- 
sides 4,300  supplied  by  the  United 
States,  subject  to  the  order  of  the 
State. — The  finapcial  condition  of 
the  State  Prispn  is  favorabJe^  its 
earnings  having  exceeded  its  ex- 
penses by  $2,515..  The  number 
i^coijvicts  at  present  is   130,  of 


which  9  are  females.  For  the 
accommodation  of  these,  there  are 
but  40  cells,  a  number  so  inade- 
quate as  to  be  of  very  injurious 
effect  on  discipline, and  the  morals 
of  prisoners.  The  increase  of 
convicts, in  the  last  three  years, has 
been  fifty  per  cent.  The  two 
great  works  of  internaf  improve- 
ment, the  Delaware  and  Rarifan 
canal,  and  the  Camden  and  Am- 
boy  rail-road,  are  advancing  stead- 
ily to  their  completion.  The  lat- 
ter U'ill  be  put  in  operation  from 
Amboy  to  Bordentovvti,  in  1832. 
The  canal  is  upon  an  adequate 
scale.  The  rail-road  from  Pater- 
;son  to  Hudson  has  been  commenc- 
ed under  favorable  circumstances^ 
and  promises  great  advantagies. 
The  route  of  the  contemplated, 
rail-road  fxom  Elizabethtown  tot 
Somerville,  wa.?  surveyed  in  1831. 
Its  extension  is  recommended  to 
the  Delaware, 

Campen  and  Amboy  Rail- 
RoAD.rr^Camden  is  a  small  village 
on  the  Delaware,  opposite  the  city 
of  Philadelphia,  where  the  river  is 
about  one  mile  in  breadth.  South 
Amboy  is  seated  at  the  head  of  the 
Raritan  Bay,  sixty-one  miles  and 
ten  chains  from  Camden,  as  meas- 
ured by  the  course  of  the  rail-road ; 
and  is  about  twenty-four  miles 
from  the    city  of  New  York,  (by 


NEW  JERSEY. 


333 


water,)  making  the  whole  distance 
from  Camden  to  New-York  rather 
less  than  eighty-six  miles.  The 
charter  for  the  rail-road  from  Cam- 
den to  South  Amboy  was  granted 
by  the  Legislature  of  New  Jersey, 
early  in  1830.  Surveys  for  the 
designation  of  the  line  of  the  road, 
were  begun  in  June,  1830.  By 
pursuing  a  course  near  the  Dela- 
ware river,  a  favorable  route  has 
been  discovered,  in  a  direct  line, 
so  that  in  many  places  there  is  not 
for  miles,  any  deviation  from  a 
straight  line.  The  estimate  of 
the  engineer,  for  grading  the 
whole  extent  of  the  road,  sixty-one 
miles,  ten  chains,  including  bridg- 
es, &c.  was  $235,935  39.  Con- 
trarcts  for  this  purpose  were  soon 
after  made,  819,000  within  this 
sum. 

South  Amboy,  where  the  road 
terminates  at  the  eastern  end,  is 
one  of  the  finest  harbors  in  the 
United  States,  accessible,  at  all 
seasons,  for  the  largest  vessels 
from  the  sea,  and  from  New  York  ; 
so  fhat  the  communication  with 
Philadelphia  and  foreign  countries, 
by  this  route,  will  be  uninterrupt- 
ed. 

Locomotive  engines  are  to  be 
used.  These  may  safely  be  estimat- 
ed to  move  at  the  rate  of  15  miles 
per  hour ;  this,  allowing  four  hours 
for  the  trip  from  Camden  to  Am- 
boy, and  allowing  two  hours  to 
reach  New  York  from  Amboy, 
gives  six  hours  for  the  trip  from 
Philadelphia  to  New  York.  South 
Amboy,  possessing  the  advantages 
it  does,  for  a  port  of  entry  and  de- 
parture, during  the  winter  months, 
and  having  added  to  it,  the  facili- 
ties for  transportation  of  the  car- 
goes of  merchant  traders  by  the 
rail-road,  must  become  an  impor- 
tant point  for  the  mercantile  opera- 
tions of  Philadelphia,  independ- 
ently   of  the    advantages   of  its 


nearer  connexion  with  New  York. 
The  toils  and  freights  for  these 
cargoes  must  treble  the  profits 
now  derived  from  this  source,  and 
the  passage  of  persons  across  the 
Slate  of  New  Jersey.  The  sum 
now  received  for  light  freight,  and 
the  passage  of  persons,  by  the  pre- 
sent conveyances,  is  estimated  to 
exceed  $500,000.  The  comple- 
tion of  the  whole  of  this  great 
work,  has  been  calculated  as  not 
likely  to  exceed  $1,200,000. 

Belleville,  Essex  county,  on 
the  Passaic,  about  nine  miles  from 
New  York,  has  a  population  of 
l,OO0,and  is  a  considerable  manu- 
facturing town.  The  copper  works 
here  make  1,800,000  pounds  of 
copper  sheets  and  bars,  annually  ; 
giving  employment  to  70  hands, 
and  consuming  1,300  tons  of  coal. 
At  one  of  the  establishments  there 
is  a  set  of  rollers  weighing  14,000 
pounds.  The  *  Eagle  Printing 
Works  '  at  Belleville,  employ  400 
hands,  and  make  4,500  pieces  of 
calico,  of  28  yards  each,  per  week, 
and  the  annual  amount  of  goods 
manufactured  and  sold,  is  between 
900,000  and  1,000,000  of  dollars. 
Attached  to  the  establishment  are 
smithies  for  doing  their  own  iron- 
work ;  and  the  designing  and  en* 
graving  on  copper,  for  printing, 
are  done  by  artists  belonging  to 
the  works.  There  is  consumed,  in 
the  various  works,  2,500  tons  of 
coal  per  year.  Near  this  stands 
an  establishment  for  the  rolling  of 
brass  and  silver  into  sheets.  Twen- 
ty-five hands  are  employed  in  its 
operations,  which  are  extensive, 
and  the  proprietors  are  about  to 
coinmence  the  manufacture  of  gilt 
and  fancy  buttons,  on  a  large 
scale.  There  is  also  here  a  manu- 
factory of  store  and  church  lamps, 
and  a  brass-founding  establish- 
ment, &c.  which  employs  ten 
hands,  and  makes  of  those  articles 


334 


ANNUAL  REGISTER,  1830—31. 


10  the  amount  of  $10,000  a  year ; 
and  an  establishment  for  the  man- 
ufacture of  white  and  red  lead  and 
litharge,  which  employs  45  hands, 
and  carries  on  very  extensive  ope- 
rations. On  the  opposite  side  of 
the  Passaic,  is  the  *  Lodi  Copper 
Mine,'  which  was  worked  by  the 
British  during-  the  revolutionary 
war  ;  it  has  lately  fallen  into  new 
hands;   and  the  works  are  carried 


on  with  great  success.  An  original 
vein  has  been  reached,  both  ver- 
tically and  horizontally,  of  12  feet 
long,  and  from  7  to  8  inches  in 
thickness  between  the  levels,  at 
the  depth  of  80  feet  below  the  sur- 
face, from  which  numerous  masses 
of  ore  have  been  taken,  which  by 
smelting  produce  78  per  cent,  of 
the  pure  metal.  The  ore  also  con^ 
tains  small  quantities  of  silver. 


PENNSYLVANIA. 


Elections. — The  Harrisburg 
Intelligencer  gives  the  following 
statement  of  the  comparative 
strength  of  parties  in  that  State, 
as  exhibited  at  the  elections  in 
1828  and  1830  ^— 

1828,  1830, 

Jackson.  Adams,  Jackson,  Anti-Ja^hionr 


1st,  2d,  I 
3d  Dis.   5 

12017 

620a 

8719 

7828 

4th  Dis. 

9974 

8418 

7266 

8894 

5th  Dk, 

5341 

2311 

2414 

1891 

6th  D.?. 

3413 

1737 

2777 

2332 

7th  Dis. 

7446 

1620 

4642 

3537 

8th  Dis. 

8005 

4708 

2927 

6011 

91  h  Dis. 

12054 

4974 

9815 

4559 

lOih  Di». 

3645 

1864 

2953 

2079 

11th  Dis. 

6901 

4515 

4944 

333S 

I2tb  Dis. 

6249 

2314' 

3888, 

4766. 

13th  Dis. 

3921 

1112 

2845. 

2751 

14th  Dis. 

444a 

1682 

2812 

3345 

15th  Dis. 

3883 

1687 

1922 

2087 

16th  Dis. 

7120 

3737 

4744 

6296, 

17th  Dis. 

4843 

874 

3895 

2141 

18th  Dis. 

4602 

2010 

4982 

3747 

101,652     50,848     71,555     05,597 

Finances. 
Receipts. — Receipts  at  the  state 
treasury,  for  the  years  commencing 
with  December  1st,  1829,  to  No- 
vember 30th,  1830,  and  from  De- 
cember 1st.,  1830,  to  November 
30th,  1831. 


Year  1829 
t&  1C30. 

Land  and  land 

office  fees     $120,078  16. 
Auction    com- 


missions 
Au(?tion  duties 
Dividends    on 

bank  stock 
Dividends    on 

bridge,  canal 

and  turnpike 

stock 


19,500  00. 
132,247  19. 

121,710  00. 


Year  ISSO 
to  1831. 

fl03,329 

12,100 
126,505 

106,498 


Tax  on  bank 
divi<Jends 

Tax  on  officers 

Tax  on  writsy 
&c. 

Fees,  secretary 
of  state's  of- 
fice 

Tavern  licenses 

Duties  on  deal- 
ersin  foreign 
merchandise 

State  maps 

Collateral  in- 
heritances 

Pamphlet  laws 

Militia  and  ex- 
empt fijies: 

Tin  and  clock 
pedlars'  li- 
censes 

Hawkers' 
pedlar  a' 
censes 

Escheats 

Canal  tolls 

Military  fines 
per  act  1823 

Loans 

Premiums  on 
loans  per  act 
of  13th  Mar. 
1820 

Old  debts  and 
miscellaneous 

Commissioners 
of  the  Inter- 
nal improve- 
ment fund 

Balance  in  trea- 
sury on  1st 
Dec.  1829 


20,112  83. 
9,928  56. 


and 


a^^26519. 

44,275  62. 

51,58213. 
632  56. 

18,680  00. 
68  45. 

2,32&16: 
469  56. 


246  30. 

1,171  93. 

25,748  63. 

5,518  97. 
5,487,034  46. 


220,000  00. 
15,142  91. 


175,375  98. 


30,573^ 
7,465^ 


2,979  32.         18,980 


4,449' 
40,147 


51,44^ 
44» 

19,063 
l!,38i 
2,029» 


1,593: 

20: 

38,241 


2,199,948 

103,197 
11,088 

125,000- 
149,431; 


$6,506,825  29.  $3, 


29,715  00.         34,393 


PENNSYLVANIA 


335 


Expenditures.  1830 —  3 1 

Internal  im- 
proveinents$5,495,550  26,     $2,335,374 

Expenses  of 
government     210,50105.  193,307 

Militia  ex- 
pense 20,513  50.  20,516 

Members  of 
court  mar- 
tial 1,576  68.  2,343 

Pensions  and 
gratuities  24,501  45.  22,227 

Education  13,827  73,  11,185 

Interest  on 
loans  91,625  00.  91,525 

Internal  im- 
provement 
fund  474,997  75.  362,682 

State  maps  395  00.  330 

Penitentiary 
at  Philadel- 
phia 7,734  50.  3,747 

Penitentiary 
near  Pitts- 
burg 6,995  08.  2,624 

Conveying 
convicts  1,159  11.  1,178 

Conveying 
fugitives  517  95.  596 

Pennsylvania 
claimants  696  18.  57 

Defence  of 
the  state  10  00.  107 

Miscellaneous        6,743  20.  9,129 


$6,357,394  50.   $3,058,927 
Balance    in 
treasury  on 
1st  Dec.  1830,  149,430  79.         124,482 


$6,506,825  29.    $3,183,409 

By  the  Auditor  General's  Re- 
port, it  appears  that  the  Common- 
wealth ovvnsj 

In  Bank  Stock  $2,108,700  00 

Turnpike  Stock  1,911,243  39 

Bridge  Stock  410,000  00 

Canal  Stock  200,000  00 

$4,629,943  39 

1831,  Dec. — Salt  water  hvLS  been 
discovered  in  McKean  Co,  Penn- 
s)'Ivania,andarrangementsmadefor 
a  large  manufacture  of  salt.  The 
.spring  is  situated  upon  the  stream 
known  by  the  name  of  the  'Portage 
Branch  of  the  Sinemahoning  creek' 
near  the  dividing  ride  between  the 
Alieghany  and  the  Susquehannah. 
29^ 


A  well  has  been  sunk  to  the  deptli 
of  only  17  feet,  through  a  hard  pan, 
and  not  extending  to  the  rock, 
which  produces  at  the  rate  of  24 
barrels  per  hour,  or  4  per  cent 
water. 

Internal  Improvement. — A 
law  was  passed  at  the  session  of 
1830 — 31,  appropriating  from  the 
state  treasury  $61)0,000  to  the  rail- 
road from  Philadelphia  to  Colum- 
bia ;  $116,170  to  the  canal  from 
Columbia  to  Middleton  ;  $125,000 
to  the  western  turnpikes  ;  $700,- 
000  to  the  canal  or  slackwater 
navigation  between  Huntington 
and  Hollidaysburg,  and  the  rail- 
road across  the  Alleghany  moun- 
tains ;  $200,000  to  the  extension  on 
the  West  Branch ;  $  100,000  to  the 
North  Branch;  $25,000  to  the 
Lewiston  cross  cut,  to  be  paid  out 
of  the  West  Branch  appropriation  ; 
$100,000  to  the  Big  Beaver;  and 
$69,000  to  the  French  creek. 

1831,  Jan. — The  canal  commis- 
sioners stated  in  their  annual  report, 
that  the  water  has  been  admitted  into 
406  miles  pCcanal.  Twenty  miles 
more,  nearly  finished,  will  com- 
plete the  whole  extent  authorised. 

Forty  miles  of  railing  bed  have 
been  graduated,  bridged,  and  ex- 
cepting only  a  small  amount  of  work 
on  two  sections,  is  ready  for  the  re- 
ception of  rails. 

The  Pennsylvania  canal  broke 
ground  July  4th,  1826.  Since  then 
426  miles  have  been  nearly  com- 
pleted. 

The  length  of  the  central  line 
of  railway  and  canal  from  Phila- 
delphia to  Pittsburgh,  is  397  miles. 
The  water  has  been  introduced  in-« 
to  210  miles  of  this  line,  and  soon 
will  be  into  20  more.  The  rail 
road  section  from  Vine  and  Broad 
streets,  Philadelphia,  to  Columbia, 
is  81  3-4  miles.  Of  this,  40  1-2 
miles  of  the  bed  road  have  beea 
prepared  for  the  rails. 


336 


ANNUAL  REGISTER,  1830—31. 


The  canal  division,  from  Colum- 
bia to  Duncan's  Island,  is  42  85- 
100  miles,  24  of  which  are  navi- 
gable, and  10  nearly  finished. 

The  Susquehanna  division  (a- 
cross  the  river  to  Duncan's  Island,) 
is  53-100  miles,  and  is  navigable. 

The  Juniata  division,  from  Dun- 
can's Island  to  1-4  mile  above  Hun- 
tington, is  H9  5-100  miles,— 80 
miles  navigable,  the  remainder 
nearly  completed. 

The  Western  division  of  the 
same  line  of  canal  from  Johnstown 
to  Pittsburg,  is  104  33-100  miles- 
all  navigable,  together  with  its 
branch  running  into  Alleghany 
river,  which  is  3-4  of  a  miles. 

The  Northern  route  canal  com- 
mences at  Duncan's  Island,  and 
runs  to  Northumberland — 39  miles 
navigable. 

The  Western  Branch  division 
runs  from  Northumberland  to 
Muncy  Kipples,  and  is  14  J -2 
miles — all  navigable. 

The  North  Branch  division  ex- 
tends from  near  Northumberland 
to  Nanticoke  Falls,  55  1-2  miles — 
not  all  navigable,  but  containing 
water.  The  slackwater  reaches  to 
Vi'ithin  2  1-2  miles  of  Wilkesbarre. 

The  Delaware  division  runs 
from  Bristol  to  Easton,  59  3-4  miles 
contains  water,  and  is  navigable  24 
miles.  Part  of  this  canal  is  defec- 
tive, and  requires  extensive  re- 
pairs. 

French  Creek  Feeder,  runs 
from  Bemus'  mills  to  Muddy  run — 
length  19  1-2  miles,  and  contains 
water. 

The  whole  monies  appropriated 
for  the  Pennsylvania  canals  and 
rail  roads,  and  placed  at  the  dis- 
posal of  the  canal  commissioners 
up  to  10th  December,  1830,  has 
been  ten  millions,  two  hundred  and 
eighty-eight  thousand,  three  hun- 
died  and  nine  dollars,  and  fifty- 
nine  cents. 


There  has  been  drawn  from 
the  treasury  for  the  same,  ten  mil- 
lion, two  hundred  and  eighty  thou- 
sand, seven  hundred  and  sixty-eight 
dollars,  and  eighty-nine  cents. 
These  sums  have  been  drawn  for  the 


Western  Division 
J  uniata        do^ 
Delaware     do. 
Eastern         do. 
North  Branch  do. 
West  Branch    do. 


$2,009,096  94 
2,250,990  03 
1,178,385  01 
1,214,063  75 
1,000,483  03 
354,004  87i 


French  Creek  Feeder  292,103  72 

Rail  road  287,584  50^ 

Susquehannah  Division      1,048,450  7C 

Board  of  Canal  Commis- 
sioners 29,000  00 

Board  of  Appraisers  54,00 

Board  of  Internal  Improve- 
ment 5,990  00 

Balance  in  the  Treasury  4,540  70 


$10,288,309  59 
C&aL — Aggregate  of  Lehigh  and 
Schuylkill  coal  received  at  Phila- 
delphia, and  of  Lackavvana  at 
Roundout,on  the  North  River,  from 
1830,  to  October  22d,  1831. 


Year. 

Received 

Shipped. 

Tons. 

Vessels.     Tons. 

1820 

350 

ti 

(< 

1821 

1 ,073 

'« 

ti 

1822 

2,440 

73 

1823 

5,823 

723 

1824 

9,541 

3,255 

1825 

33,393 

18,520 

1820 

48,047 

a 

24,365 

1827 

01,001 

34,004 

1828 

77,395 

40,105 

1829 

105,083 

53,48^ 

1830 

174,925 

1,172 

100.900 

1831 

140,943 

1,125 

93;701 

Federal  Constitution. — The 
subjoined  resolutions  were  offered 
by  Mr.  C.  J.  Ingersoll,  in  the  as- 
sembly of  the  State,  on  the  24th  of 
February,  J 831. 

'  Whereas,  the  Constitution  of 
these  United  States,  and  some  of 
their  principal  institutions,  have 
been  assailed  of  late,  by  the  local 
passions  which  interfere  with  great 
national  measures,  and  a  solemn 
declaration    of  the   sense  of   the 


PENNSYLVANIA. 


337 


members  of  this  house,  may  tend 
to  preserve  unimpaired,  that  Union, 
which  is  the  rock  of  our  safety  and 
prosperity.     Therefore, 

'  1.  Resolved,  As  the  sense  of 
the  House  of  Representatives  of 
this  commonwealth,  that  the  Con- 
stitution of  these  United  States  hav- 
ing proved  itself,  by  near  half  a 
century's  experience,  a  govern- 
ment beyond  all  others  capable  of 
promoting  rational  liberty  and  gen- 
eral welfare — a  Union  of  sovereign 
states,  constructed  by  one  and  the 
same  sovereign  people — it  must  be 
preserved  inviolate  against  all  at- 
tempts to  nullify,  impair,  or  reduce 
it  to  a  mere  confederation. 

*  2.  Resolved,  As  the  sense  of 
this  House,  that  the  Constitution 
of  the  United  States  authorises,  and 
near  half  a  century's  experience 
sanctions,  acts  of  congress  to  pro- 
tect manufactures,  and  that  the  ac- 
tual prosperity  of  the  country  at- 
tests the  wisdom  of  such  acts. 

'3.  Resolved,  As  the  sense  of  this 
House,  that  as  all  manufactures, 
arts,  and  civilization,  flourish  most 
wherever  iron  is  cheapest  and  best, 
any  diminution  of  the  protection 
now  afforded  to  that  primary  and 
universal  article,  would  be  a  de- 
plorable act. 

'  4.  Resolved,  As  the  sense  of 
this  House,  that  the  Constitution 
of  the  United  States  authorises, 
and  near  half  a  century's  experi- 
ence sanctions,  the  twenty-fifth 
section  of  the  act  of  congress  of 
September,  1789,  and  all  others 
empowering  the  federal  judiciary 
to  maintain  the  supreme  laws. 

'  5.  Resolved,  As  the  sense  of 
this  House,  that  the  Constitution 
of  the  United  States  authorises,  and 
near  half  a  century's  experience, 
sanctions  a  Bank  of  the  United 
States,  as  necessary  and  proper  to 
regulate  the  value  of  money,  and 


prevent  paper  currency  of  unequal 
and  depreciated  value. 

'  6.  Resolved,  As  the  sense  of  this 
House,  that  the  Constitution  of  the 
United  States  authorises  the  estab- 
lishment of  inland  improvements 
by  acts  of  congress,  for  the  con- 
struction of  post  routes  and  milita- 
ry roads,  and  roads  for  facilitating 
commerce  among  the  several  states, 
and  by  appropriations  of  money  for 
such  purposes.' 

Mr.  Laporte  moved  their  post- 
ponement until  next  day,  which 
was  agreed  to.  On  the  25th,  the 
resolutions  again  came  up,  and  on 
the  question,  will  the  house  proceed 
to  their  consideration?  the  yeas 
were  45,  nays  43.  Mr.  Goodman 
then  moved  to  make  them  joint 
resolutions  ;  which  was  agreed  to, 
yeas  53,  nays  36. 

The  first  resolution  passed,  yeas 
87,  nays  3. 

The  second  being  under  consid- 
eration, Mr.  Brown  offered  the 
following  amendment,  to  come  in 
after  the  word  manufactures,  *  bi/ 
a  tariff  that  will  protect  the  indus- 
try of  the  country  against  foreign 
policy  and  legislation'  This 
amendment  caused  a  spirited  de- 
bate, and  was  finally  negatived, 
yeas  11,  nays  77.  The  resolution 
was  then  agreed  to,  yeas  87, 
nays  2. 

The  third  resolution  was  passed, 
yeas  83,  nays  5  ;  and  the  fourth, 
yeas  79,  nays  7. 

The  fifth  resolution,  relative  to 
a  Bank  of  the  United  States,  next 
came  up.  Mr.  IngersoU  made 
some  remarks  in  its  favor,  when 
the  House  adjourned.  On  thd 
26th,  Mr.  Rankin  moved  to  post- 
pone the  further  consideration  of 
the  resolution  indefinitely, but  after- 
wards consented  to  modify  it  into 
postponement  for  the  present.  This 
motion  elicited  an  animated  debate. 


338 


ANNUAL  REGISTER,  1830—31. 


which  continued  until  the  hour  o ' 
adjournment. 

On  the  23th,  the  motion  to  posi- 
j)o?ie,was  agreed  to,,  yeas  43,  nays 
41. 

The  Sixth  resolution  was  then 
read,  when  Mr.  Oliver  offered  the 
-  following  amendment : 

'  Resolved,  As  the  sense  of  the 
Senate  and  House  of  Representa- 
tives that  the  best  interests  of  the 
United  States  authorises  the  estab- 
lishment of  inland  improvements,by 
acts  of  congress,  providing  for  the 
annual  distribution  among  the  sev- 
eral states,the  surplus  revenue  that 
may  remain  in  the  treasury  of  the 
United  States,after  the  national  debt 
is  paid,  in  proportion  to  their  repre- 
sentation in  the  House  of  Repre- 
sentatives of  the  United  States,  to 
be  applied  by  the  several  States 
to  such  purposes  of  internal  im- 
provement?, as  they  in  their  wis- 
dom shall  direct.' 

After  a  few  remarks  by  Mr. 
Oliver,  the  amendment  was  nega- 
tived. 

Mr.  Brown  then  offered  the  fol- 
lowing amendment : — 

'  Resolved^  As  the  sense  of  the 
Senate  and  House  of  Representa- 
tives, that  the  Constitution  of  the 
United  States  does  not  authorise 
the  construction  of  roads  or  inland 
improvements  by  acts  of  congress, 
through  any  of  the  states  of  the 
Union,  unless  they  are  clearly  for 
national  purposes,  and  done  with 
the  consent  of  the  state  in  which 
they  are  made,  and  that  no  author- 
ity is  given  to  congress  to  appro- 
priate any  moneys  in  the  treasury 
of  the  United  States,  for  any  road 
or  other  inland  communication  not 
required  for  national  purposes.' 

Mr.  Petrikin  moved  to  postpone 
the  resolution  and  amendment  in- 
definitely, which  was  agreed  to. 
At  the  suggestion  of  Mr.  Ingcrsoll, 


the  preamble    was  also  postponed 
indefinitely. 

The  four  resolutions  which  Iiad 
passed,  were  sent  to  the  Senate, 
for  concurrence. 

In  theSenate,on  the  15th  March, 
the  resolutions  were  under  consid- 
eration, when  the  following  reso- 
lution, offered  by  Mr.  Burden  as 
an  amendment,  (having  undergone 
considerable  discussion  on  the  pre- 
vious day)  was  adopted  without  a 
division: — 

'  That  whereas  the  Bank  of  the 
United  State  has  tended,  in  a  great 
degree,  to  maintain  a  sound  and 
uniform  currency  ;  to  facilitate  the 
operations  of  the  government ;  to 
regulate  foreign  and  domestic  ex- 
change, and  has  been  conducive 
to  commercial  prosperity,  that  the 
legislature  of  Pennsylvania  recom- 
mend a  renewal  of  its  charter  under 
such  regulations  and  restrictions,  as 
to  the  power  of  the  respective 
states,  as  congress  may  deem  right 
and  proper.' 

Mr.  Miller  offered  the  following 
additional  amendment: — 

'Recommending  a  distribution  of 
the  surplus  revenue  of  the  United 
States,  after  paying  the  expenses 
of  government,  among  the  several 
states,  in  proportion  to  their  repre- 
sentation.' 

Also  'approving  of  the  veto  of 
the  President,  on  the  Maysrille 
road  bill.' 

Mr.  Anthony  moved  an  indefin- 
ite postponement,  which  was  also 
negatived,  yeas  10,  nays  22. 

The  question  then  recurring  on 
the  first  division  of  Mr.  Miller's 
amendment,  relative  to  the  distri- 
bution of  the  surplus  revenue,  was 
agreed  to,  yeas  20,  nays  11. 

The  second  division  relative  to 
the  veto  of  the  President  on  the 
Maysville  road  bill,  was  also  agreed 
to,  yeas  20,  nays  12. 


PENNSYLVANIA. 


039 


The  resolutions  were  then  order- 
ed to  be  transcribed  for  a  third 
reading,  yeas  19,  nays  12. 
On  the  I6th  inst.  resolutions  came 
Up  on  third  reading.  Mr.  Sullivan 
moved  to  go  into  coram  ittee  of  the 
whole  for  the  purpose  of  striking  out 
the  fifth  resolution,  relative  to  the 
distribution  of  the  surplus  revenue, 
and  the  veto  of  the  President,  on 
the  Maysville  road  bill.  Mr.  Morris 
moved  to  commit  them  to  the  com- 
mittee on  the  judiciary  system. 
Mr.  Burden  was  in  favor  of  the 
commitment,  for  the  purpose  of 
making  some  change  in  the  phrase- 
ology. The  motion  prevailed,  and 
the  resolutions  were  committed  ac- 
cordingly. 

On  the  15th  of  March,  Mr.  Bur- 
den offered  the  following  resolution 
to  the  senate  : — 

*  That  vi^hereas  the  Bink  of  the 
United  States  has  tended  in  a  great 
degree  to  maintain  a  sound  and 
uniform  currency ;  to  facilitate  the 
financiiil  operations  of  the  gover- 
ment ;  to  regulate  foreign  and  do- 
mestic e.^change,  and  has  been 
conducive  to  commercial  prosper- 
ity, that  the  legislature  of  Pennsyl- 
vania recommend  a  renewal  of  its 
charter  under  such  regulations  and 
restrictions  as  to  the  power  of  the 
respective  states,  as  congress  may 
deem  right  and  proper.' 

The  Senate  having  unanimously 
assented  to  that  resolution,  it  was 
sent  to  the  Assembly,  where  it 
passed,  yeas  75,  nays  1 1 . 

ISm, -^Juhj,  16,— The  inhabit, 
ants  of  Philadelphia  were  this 
day,  somewhat  astonished  by  the 
refusal  on  the  part  of  the  butchers, 
to  furnish,  any  longer,  fresh  meat  to 
their  tables.  At  first,  it  was  sup- 
posed, that  they  had  been  convert- 
ed by  a  celebrated  Bramin,  to  the 
doctrine  of  transmigration  ;  but  it 
was   finally  ascertained,  that    the 


cause  of  this  singular  state  of 
things — which  made  the  market 
house  a  desolate  place, — was  the 
complaint  of  the  regular  butchers, 
that  the  farmers  and  other  persons 
whom  they  call  '  shiners,'  were  al- 
lowed to  cut-up  and  retail  meat  in 
the  street,  (in  parcels  less  than  a 
quarter,)  free  of  charge,  while  they 
paid  heavy  rents  to  the  city  for 
their  stalls;.  The  difficulty  was 
finally  adjusted, and  the  inhabitants 
of  1  hiladelphia  were  again  permit- 
ed  to  participate  in  the  luxury  of 
a  well-furnished  market. 

Valuation  of  real  and  personal 
'property  in  the  several  counties  of 
the  state,  and  county  taxes,  for 
the  year  1831. 


Valuation.        Tax. 


Adams 

Alleghany 

Armstrong 

Beaver 

Bedford 

Berks 

Bradford 

Bucks 

Butler 

Chester 

Cumberland 

Cambria 

Columbia 

Centre 

Clearfield 

Dauphin 

Pelaw  are 

Erie 

Fayette 

Franklin 

Greene 

Huntingdon 

Indiana 

Jefferson 

Lancaster 

Lebanon 

Lehigh 

Luzerne 

Lycoming 

McKean 

Mercer 

Mifflin 

Montgomery 

Northampton 

Northumberland 

Perry 

Philadelphia 


$4,999,885 
8,022,220 
1,101.785 
1,770;784 
1,164,167 
7,316,118 
1,716,591 

14,422,564 
1,107,734 

14,451,750 
9,014,941 
407, /52 
2,-500,' )00 
2.711,^>48 
'715,138 
4,470,799 

2,222,852 

4,568,858 

6,668,495 

1,203,647 

3,597,615 

975,248 

524,573 

24,3.50,818 

5,185,853 

4,805,645 

1,029,617 

1,351,455 

562,787 

1,531,699 

8,905,982 
6,560,969 
2,449,849 


$4,995 
8,022 
1,101 
1,770 
1,164 
7,316 

l,7ic 

34,4iRa 

1,107 

11,451 

9,014 

407 

2,800 

2,711 

715 

4;470 

2,222 

4,568 

6,668 

1,202 

3,597 

975 

524 

24,350 

5,185 

4,805 

1,029 

1,351 

562 

1,531 

8,965 
6,560 
2,440 

40,751 


340 


ANNUAL  REGISTER,  1830-31. 


Pike 

Potter 

Schuylkill 

Somerset 

Susquehannab 

'I'ioga 


683,787 

478,670 

1,900,451 

1,194,868 

1,004.465 

765;701 


683 

476 

1^900 

1,194 

1,004 

765 


Union 

2,891,851 

2,891 

Venango 

730,000 

730 

Warren 

518,201 

518 

Washirygton 

4,700.203 

4,700 

Westmoreland 

3,475,004 

3,475 

York 

8,243,343 

8.243 

DELAWARE. 


1830.— Oc/o6cr  Election.— The 
following  was  given  as  a  correct 
statement  of  the  result  of  the  elec- 
tion in  Delaware  : — Majority  for 
Mr.  Mifligan  (national  republican) 
in  Kent  72  ;  in  Sussex  county  365 
— 437  ;  majority  for  Mr.  Ridgely 
(Jackson)  in  Newcastle  county  3, 
— total  majority  for  Milligan  434. 

Tiie  political  character  of  the 
Ijegislature,it  was  said,  stood  thus 
— In  the  Senate,  national  republi- 
cans 7,  Jackson  men  2 — majority 
to  the  national  republicans  of  IS, 
on  joint  ballot  '    • 

The  State  decided  to  call  a  Con- 
vention by  a  largQ  majority. 

Amended  Constitution.  The 
Convention  which  was  elected  pur- 
suant to  tWs  decision,  met  on  the 
7th  of  Nov<;mber,  1831,  and  after 
an  arduous  session  of  25  days, 
adjourned,  having  proposed  the 
following  amendments  to  the  State 
Constitution,  which  were  adopted 
by  the  unanimous  vote  of  the  Con- 
vention : — 

*  1 .  The  Representatives  aye  to 
be  chosen  for  two  years ;  the  prop* 
erty  qualification  abolished. 

*  2.  The  Senators  ought  to  be 
chosen  for  four  years. 

'  3.  The  Legislature  is  to  meet 
biennially ;  the  first  Tuesday  in 
January,  1^33,  is  to  be  the  com- 
mencem.ent  of  biennial  sessions. 

*4.  The  State  Treasurer  is  to  be 
elected  by  the  Legislature  bienni- 
ally. In  case  of  his  death,  resig- 
nation, &/C.  the  Governor  is  to  fill 
the  office  until  the  next  session  of 
the  Legislature.  He  is  to  settle 
annually  with  the  Legislature,  or  a 


committee  thereof,   which  is  to  be 
appointed  every  biennial  session. 

'  5.  No  acts  of  incorporation  are 
hereafter  to  be  passed,  without  the 
concurrence  of  two  thirds  of  each 
branch  of  the  Legislature,  except 
for  the  renewal  of  existing  corpo- 
rations—all acts  are  to  contain  a 
power  of  revocation  by  the  Legist 
lature.  No  act  hereafter  passed, 
shall  be  for  a  longer  period  than 
twenty  years,  without  a  re-enact- 
ment by  the  Legislature,  except 
incorporations  for  public  improve- 
ment. 

'  (5.  The  Governor  is  to  be  chosen 
for  four  years,  and  to  be  ever  after 
ineligible.  New  provisions  are 
made  for  contested  elections  of 
Governor  ;  and  to  fill  vacancies. 
He  is  to  set  forth  in  writing,  fully, 
the  grounds  of  all  reprieves,  par- 
dons, and  remissions  to  be  entered 
in  the  register  of  his  official  acts, 
and  laid  before  the  Legislature  at 
its  next  session. 

7.  All  elections  are  to  be  on  the 
second  Tuesday  of  November, 
Every  free  white  male  citizen,  who 
has  resided  one  year  in  the  State, 
the  last  month  in  the  county,  and, 
if  he  be  of  the  age  of  22  years,  is 
entitled  to  vote.  All  free  white 
male  citizens,  between  the  ages  of 
21  and  22  years,  having  resided  as 
aforesaid,  may  vote,  without  pay- 
ment of  tax.  No  person  in  the 
military,  naval,  or  marine  service 
of  the  United  States  can  gain  such 
residence  as  will  entitle  him  to 
vote,  in  consequence  of  being  sta- 
tioned  in  any  military  or  naval  sta- 
tion in  the  State ;  no  idiot,  insane 


DELAWARE. 


341 


person,  pauper,  or  person  convict- 
ed of  a  felony  can  vote ;  and  the 
Legislature  is  authorised  to  im- 
pose the  forfeiture  of  the  riglit  of 
suffrage  as  a  punishment  of  crime. 

*  8.  The  judicial  power  of  the 
Slate  is  to  be  exercised  by  four 
Common  Law  Judges,  and  a  Chan- 
cellor. Of  the  four  Law  Judges, 
one  is  Chief  Justice,  and  three 
Associates.  The  Chief  Justice 
and  Chancellor  may  be  appointed 
in  any  part  of  the  Stale — of  the 
Associates,  one  roust  reside  in 
each  county.  [The  court  of  civil 
jurisdiction  is  styled  the  Supreme 
Court ;  and  is  composed  of  the 
Chief  Justice  and  two  Associates — 
no  Associate  Judge  sits  in  his  own 
county — the  Chief  Justice  presides 
in  every  county.  Two  Judges  con- 
stitute a  quorum.] 

*  The  Court  of  General  Sessions 
of  the  Peace  and  Gaol  Delivery  is 
composed  of  the  same  Judges,  and 
in  the  same  manner,  as  the  Supe- 
rior Court. 

'  The  Court  of  Oyer  and  Termi- 
ner is  composed  of  the  four  Law 
Judges.  Three  to  constitute  a  quo- 
rum, 

*  The  Chancellor  exercises  the 
powers  of  the  Court  of  Chancery. 
The  Orphans*  Court  is  composed 
of  the  Chancellor  and  the  Asso- 
ciate Judge  residing  in  the  coun- 
ty. Either  may  hold^the  court,  in 
the  absence  of  the  other.  When 
they  concur  in  opinion,  there  shall 
be  no  appeal,  e^Xcept  in  matters  of 
real  estate.  When  their  opinions 
are  opposed,  or  when  a  decision  is 
made  by  one  sitting  alone,  and 
in  all  matters  involving  a  right  to 
real  estate,  there  is  an  appeal  to 
the  Supreme  Court  of  ^the  county, 
whose  decision  shall  be  final. 

'  The  Court  of  Errors  and  Ap- 
peals, upon  a  writ  of  Error  to  the 
Superior  Court,  is  composed  of  the 
Chancellor,  who  presides,  and  two 
of  the  Associate  Judges,  to  wit,  the 


one,  who,  on  account  of  his  resi- 
dence, did  not  sit  in  the  case  be- 
low ;  and  one,  who  did  sit.  Upon 
appeal  from  the  Court  of  Chance- 
ry, the  Chief  Justice  and  three  As- 
sociates compose  the  Court  ol  Er- 
rors and  Appeals  ;  three  of  them 
constitute  a  quorum.  If  the  Su- 
perior Couit  deem  that  a  question 
of  law  ought  to  be  heard  before  all 
the  Judges,  they  may,  upon  the  ap- 
plication of  either  party,  direct  it 
to  be  heard  in  the  Court  of  Errors 
and  Appeals,  which  shall  thon  be 
composed  of  the  Chancellor,  (who 
presides,)  and  all  the  Judges. 

*  When  the  Chancellor  is  inter- 
ested in  a  chancery  case,  the 
Chief  Justice,  sitting  alone  in  the 
Superior  Court,  shall  have  juris- 
diction, with  an  appeal  to  the 
three  Associate  Judges,  sitting  as  a 
Court  of  Errors  and  Appeals. 

*  When  there  is  an  exception  to 
the  Chancellor,  or  any  Judge,  -so 
that  a  quorum  cannot  be  constitut- 
ed in  court,  in  consequence  of  said 
exception,  the  Governor  shall  have 
power  to  appoint  a  Judge  for  that 
special  cause,  whose  commission 
shall  expire  with  the  determination 
of  the  case, 

'The  Judges  are  to  receive  sala- 
ries, which  shall  not  be  less  than 
the  following  sums,  to  wit — the 
Chief  Justice  $1,200;  Chancellor 
81,100;  the  Associates,  each 
$1,000.  They  are  to  receive  no 
other  fees  or  perquisites  for  busi- 
ness done  by  them. 

*  The  General  Assembly  may  es- 
tablish inferior  courts,  or  give  to 
one  or  more  justices  of  the  peajce, 
jurisdiction  in  cases  of  assaults 
and  batteries,  unlicensed  public 
houses  retailing  liquors  contrary 
to  law;  disturbing  camp-meetings, 
or  other  meetings  for  public  wor- 
ship; nuisances;  horse-racing,  cock 
fighting,  and  shooting-matches;  lar- 
cenies committed  by  negroes  or 
mulattoes,  knowingly  concealing, 


342 


ANNUAL  REGISTER,  1830— 3J 


buying,  or  receiving,  stolen  grods 
from  negroes  or  mulattoes,&c.  This 
jurisdiction  may  be  granted  either 
with  or  without  the  intervention  of 
a  grand  or  petit  jury,  and  either 
with  or  without  appeal,  as  the  Le- 
gislature shall  deem  proper. 

The  Clerk  of  the  Supreme 
Court  is  to  be  styled  the  Prothono- 
tary.  The  office  of  Clerk  of  the 
Supreme  Court  is  abolished, 

9.  But  one  person  is  to  be  voted 
for  as  Sheriff,  and  one  person  as 
Coroner  in  each  county.  The 
term  of  office  in  each  case  is  two 
years.  In  Newcastle  and  Kent 
counties,  at  the  expiration  of  the 
term  of  office  of  the  present  sheriff 
and  coroner,  respectively,  in  1833, 
the  Governor  is  authorized  to  fill 
up  the  offices  for  any  year,  in  con- 
sequence of  there  being  no  elec- 
tion in  that  year  under  the  bien- 
nial system. 

10.  Elections   for    Conventions 


to  revise  the  Constitution  are  here- 
after to  be  held  on  the  third  Tues* 
day  of  May,  in  any  year.  The 
majority  of  all  the  citizens  of  the 
State,  having  right  to  vote,  is  to  be 
ascertained  by  reference  to  the 
highest  number  of  votes  given  at 
any  one  of  the  three  general  elec- 
tions next  preceding,  unless  the 
number  of  votes  given  on  the  oc- 
casion shall  exceed  the  number  giv- 
en in  any  of  the  three  preceding 
electionSjin  which  case  the  majority 
shall  be  ascertained  by  reference 
to  the  election  itself 

11.  No  offices  are  vacated  ex- 
cept th  Chancellor  and  judges  of 
the  existing  courts,  and  the  clerks, 
whose  offices  will  be  abolished  on 
the  third  Tuesday  of  January 
next ;  on  which  day  the  new  judi- 
cial system  goes  into  effect.  The 
offices  of  Registers  for  Wills,  and 
Justices  of  the  Peace,  are  not  af- 
fected. 


MARYLAND. 


Elections. — The  house  of  del- 
egates   chosen   at  the  election  in 
October,  1830,  stood  in  its  political 
character,  thus: 
National  Republican  68 


Jackson 


27 


Finances  of  the  State. — Affairs 
of  the  State  Treasury  during  the 
last  year,  ending  December  1st. 
1832. 

The  actual  in- 
come of  the 
State  from 
J)oth  shores 
during  that 
year,  was  $239,895  19 

The  receipts  of 
the  Western 
Shore,  were     $238,025  93 

Eastern  Shore        14,480  81 

$253,106  74 

From  which 
are  to  be  sub- 
stracted : 

The  sum  re- 
ceived    into 


the  Western 
Shore  Treas- 
ury from  the 
East'n  Shore 
Treasury 
Balance  in  the 
East'n  Shore 
Treasury  last 
year  charged 
among  the  re- 
ceipts of  this 
Shore  for  this 
year 


4,738  72 


8,472  83 


Showing  as  above 

To  which  add 
the  balance  in 
the  Western 
Shore  Treas- 
ury on  Dec. 
15th,  1830 


13,211  55 

$239,895  19 


24,106  88 


The  total  dis- 
bursements of 
the  State  for 
the  same  year 


Total         $294,002  07 


MARYLAND. 


343 


were  for  the 
West'n  Shore 
Treasury 
Eastern  Shore 
do. 

That  amount 
deducted  from 
this  aggregate 
shows  the  bal- 
ance in  the 
West'n  Shore 
Treasury  1st 
Dec.  1831,  (the 
unexpended 
balance  of  the 
entire  income 
of  the  State 
from  both 

Shores,  for  the 
year,) 

This  sum,  how- 
ever, was  sub- 
ject to  appro- 
priations to 
that  day,  then 
uncalled  for — 
amounting  to 

And   the  clear, 
unappropriated 
balance  in  the 
Treasury     1st 
Dec.  1831,  was 


215,555  17 
1.209  00 


216,824  43 


77,177  ()4 


41,810  42 


135,367  22 


State  Rights.-A  controversy  be- 
tween this  State  and  Pennsylvania, 
on  account  of  the  Susquehannah, 
gave  rise  to  negotiations  which  strik- 
ingly served  the  necessity  of  resting 
the  power  of  making  internal  improv- 
ments  in  the  federal  government. 
Under  the  authority  of  the  govern- 
ment of  Pennsylvania,  certain  dams 
were  erected  in  the  Susquehannah, 
above  the  Maryland  line.  As  these 
dams  obstructed  the  navigation  of 
that  river,  prevented  the  easy  trans- 
mission of  produce  to  Baltimore,  pe- 
titions were  sent  to  the  legislature  of 
Maryland,  complaining  of  the  ob- 
structions. A  joint  committee  was 
created  to  inquire  into  the  subject, 
which  made  the  following  report: 
'Whereas  it  has  been  represent- 
ed to  this  General  Assembly,  by  the 
memorial  of  divers  citizens  of  this 
state,  interested  in  the  navigation 
30 


of  the  river  Susquehannah,  that  the 
state  of  Pennsylvania  has  caused 
to   be  erected   in  and   across  the 
bed  of  said   river,  certain   damf-', 
which   greatly  increase  the  peril, 
and  impede  the  navigation  thereof; 
and  in  consequence  of  said  dams, 
the  descending  trade  of  said  river 
lias  been  greatly  diminished,  and 
must,  eventually,  be  lost  to  the  citi- 
zens of  this  state:    And  whereas 
in  support  of  the  representations  so 
made,  it  appears  by  a  printed  copy 
of  the  annual  report  of  the   canal 
commissioners  of  the  state  of  Penn- 
sylvania, made  to  the  legislature  of 
the  said  state,  and  other  evidence, 
that  three  dams  have  been  erected 
across  the  said  river,  the  one  at  a 
place  called  Duncan's  island,  anoth- 
er at   a   place  called  the   Shamo- 
kin,  and  the  third  at  or  near  a  place 
called  Nanticoke,  which  dams  are 
not  less  than  eight  feet  above  the 
natural  bed  of  the  river,  and  con- 
structed of  timber  and    masses  of 
solid  masonry,  and  effectually  pre- 
vent the  descent  of  boats  and  arks 
down  &aid  river,except  by  the  pass- 
ing through  the  chute  or    sluice 
made    in    one    side   of   each    of 
said  dams,    which  chute  or  sluice 
is  at  all  times  dangerous,  and  has 
already  occasioned  great  losses  to 
those  who  have  attempted  the  pas- 
sage of  them,  and  by  said   dams 
the  ascending  navigation  is  wholly 
destroyed  :       And^    whereas    the 
river  Susquehannah,  from  the  earli- 
est settlement  of  the  country,  has 
been  used  by  the  inhabitants  of  its 
borders,  for  the  convenient  trans- 
portation to  market  of  the  products 
of  their  industry,  and  for  the  trans- 
portation from  the  sea-board  to  the 
interior,  of  such    articles   as   the 
situation    of   its  people   rendered 
convenient  and  necessary:     And 
whereas,    the   inhabitants   of  the 
soil  bordering  on  navigable  rivers, 
have  a  right  to  the  free  and  unob- 


344 


ANNUAL  REGISTER,  1830—31. 


structed  use  of  such  rivers,  for  the 
purposes  aforesaid,  and  such  prin- 
ciple has  been  sanctioned  by  the 
enlightened  judgment  of  mankind, 
and  has  been  strengthened  by  the 
union  under  one  government  of 
these  states :  And  whereas,  the 
maintenance  of  this  principle  is 
necessary  to  the  convenient  com- 
mercial intercourse  between  the 
different  states — is  calculated  to 
develope  the  resources,  and  in- 
crease the  wealth  and  the  power 
of  said  states,  and  to  promote  the 
happiness  of  their  respective  citi- 
zens, and  to  bind  those  states  in- 
dissolubly  together,  under  our  pre- 
sent happy  form  of  government: — 
And  whereas,  the  constitution  of 
the  United  St.stes  has  secured  to 
the  citizens  of  each  state,  all  the 
privileges  and  immunities  of  citi- 
zens in  the  several  states,  and  hath 
expressly  prohibited  the  passage  of 
any  law, by  the  legislature  of  a  state, 
impairing  the  obligations  of  con- 
tracts :  And  whereas,  by  an  act  of 
the  legislature  of  Maryland,  passed 
at  November  session,  1799,  to  in- 
corporate a  company,  to  make  a 
canal  from  the  river  Delaware  to 
the  Chesapeake  bay,  it  was  de- 
clared that  the  said  act  should  be 
of  no  force  or  effect,  until  a  law 
should  be  passed  by  the  state  of 
Pennsylvania,  declaring  the  river 
Susquehannah  a  public  highway, 
and  authorising  individuals, or  bod- 
ies corporate,  to  remove  any  ob- 
structions therein,  at  a  jieriod  not 
exceeding  three  years,  from  tile 
first  day  of  March,  in  the  year 
eighteen  hundred.  And  whereas, 
the  state  of  Pennsylvania,  in  the 
year  1801,  did  also  pass  an  act  to 
incorporate  the  said  company,  and 
in  compliance  with  the  condition 
precedent  contained  in  the  law  of 
Maryland,  expressly  enact  and  de- 
clare, "  that  the  river  Susquehan- 
nah,  down  to  the  Maryland  line, 
shall  be,  and  the  same  is  hereby 


declared  to  be,  a  public  highway, 
any  act  or  law  of  this  common- 
wealth to  the  contrary  notwith- 
standing; and  it  shall  and  may  be 
lawful  for  the  Chesapeake  and  Del- 
aware canal  company,  or  any  other 
body  corporate,  or  individuals,  to 
remove  all  natural  and  artificial  ob- 
structions therefrom  :"  And  where- 
as, in  consequence  of  the  act  passed 
by  the  legislature  of  Pennsylvania 
as  aforesaid,  the  legislature  of 
Maryland  pursuing  the  same  friend- 
ly and  liberal  course,  that  has  at 
all  times  characterised  the  conduct 
of  this  state,  towards  her  sister 
states,  did  by  an  act  passed  at  De- 
cember session,  1813,  provide  that 
in  consideration  of  the  said  act  of 
the  legislature  of  Pennsylvania  as 
aforesaid,  the  bed  of  the  river  Sus- 
quehannah,  from  the  Maryland  line 
to  the  bay  of  Chesapeake,  is  hereby 
declared,  and  shall  forever  here- 
after be,  a  public  highway,  and 
that  individuals,or  bodies  corporate, 
may  at  all  times  remove  obstruc- 
tions to  its  navigation  ;  for  which 
several  enactments  of  the  two  states 
it  is  manifest  that  by  a  solemn  com- 
pact, the  river  Susquehannah  is  a 
free  and  public  highway,  and  that 
neither  of  the  contracting  states, 
without  the  consent  of  the  other, 
has  a  right  in  any  manner  or  by 
any  means  to  impede  the  natural 
navigation  thereof: — And  whereas, 
confiding  in  such  compact,  and  the 
faithful  performance  of  its  condi- 
tions, this  state  has  at  various  times 
and  on  different  occasions,  as  have 
also  divers  corporations  of  the 
state,  by  authority  thereof,  appro- 
priated and  applied  large  sums  of 
money  to  clear  out  the  bed  of  said 
river,  and  to  preserve  the  naviga- 
tion thereof  free  and  unobstructed, 
to  the  use  of  the  citizens  of  the 
several  states  forming  the  said  com- 
pact :  And  whereas,  the  erection 
of  the  said  dams,  by  the  authority 
and  direction  of  the  state  of  Penn- 


VIRGINIA. 


345 


sylvania,  is  a  manifest  infraction 
of  the  said  compact  and  agree- 
ment, and  greatly  injurious  to  the 
interests  of  this  state,  and  to  the 
citizens  thereof — Wiierefore, 

'  Resolved^  That  the  Governor  of 
this  state,  be  and  he  is  hereby  re- 
quested, to  communicate  a  copy  of 
this  preamble,  and  the  accompa- 
nying resolutions,  to  the  Governor 
of  Pennsylvania,  with  a  request 
that  they  may  be  laid  before  the 
legislature  of  the  stale,  in  order 
that  measures  may  be  taken  by  the 
state  of  Pennsylvania,  to  remove 
the  just  cause  of  complaint  of  the 
state  of  Maryland,  in  relation  to 
the  artificial  obstructions  in  the 
river  Susquehannah. 

'  Resolved,  That  the  Governor 
be  and  he  is  hereby  requested,  to 
communicate  copies  of  this  pre- 
amble, and  the  accompanying  reso- 
lutions, to  the  Governors  of  the  state 
of  New  York  and  Delaware,  with 
a  request  that  they  will  communi- 
cate them  to  the  legislatures  of 
their  respective  states,  and  ask 
llteir  co-operation  in  obtaining  the 
removal  of  all  artificial  obstruc- 
jtions  to  the  navigation  of  said 
fiver. 

*  Resolved,  That  the  Governor 
and  council  be,  and  they  are  here- 
by authorised  and  requested,  to 
appoint  three  commissioners  to  re- 
pair to  Harrisburgh  to  remonstrate 
against  the  conduct  of  the  state  of 
Pennsylvania,  in  erecting  artificial 
obstructions  to  the  navigation  of 
the  river  Susquehannah,  and  en- 
deavor to  procure  the  removal  of 
all  such  obstructions — and  to  re- 
port, if  practicable,  their  proceed- 
ings dwing  the  present  session,  or 


if  otherwise,  to  the   next  genera 
assembly  of  this  state.'  ^ 

Messrs.  Robert  H.  Goldsborough, 
Samuel  Sterrett,  and  John  Mercer, 
were  accordingly   appointed  com- 
missioners, and  proceeded  to  Har-    ' 
risburgh,  to  confer  with  the  legis- 
lature ofPennsylvania,  on  the  sub- 
ject  of  the    obstructions    in   the 
Susquehannah,  and  contended  that 
their  erection  was  contrary  to  the 
compact  between  the  states.     The 
committee  denied  that  the  law  of 
1801,  declaring  the  river  '  down  to 
the   Maryland  line  to  be  a  public 
highway'     was    a    compact     with 
Maryland — but  if  so,  that  it  must 
be  shown  that  Pennsylvania  had 
placed  the  navigation   in  a  worse 
state  than  it   was   before  the  act 
was  passed,  '  and  Maryland  would 
have  to  show  that  the  construction 
of  a  dam  in  her  own  territory  was 
not  an  example  for  Pennsylvania 
to  follow.'     It  also  added  that,  the 
canal  commissioners — '  not  as  arbi- 
ters, but  as  agents,  of  the  state,' 
had  been  directed  to  examine  the 
dams  and  report  the  result,  for  the 
future  action  of  the  legislature,  if 
necessary.     In  reply,  the  commis- 
sioners complained  that  the  matter 
had  been  referred    to  the  *  wrong- 
doers themselves' — and  said,  that 
the  *  notoriety  of  the  losses  sustain- 
ed '  placed  the  subject  beyond  all 
doubt;  they  insisted  on  the  compact, 
and  protested  in  the  name  of  the 
state  of  Maryland,  against  the  pro- 
ceedings, as  calculated  to  produce 
delay,  and  submitting  the  arbitra- 
tion '  to  an  exparte  tribunal,  itself 
implicated   as   authors  of  the  in- 
flicted injury.' 


•'i   wit    -■Yf\' 


VfRGINf^P 


diu^i^ 


Finances. — By  the  report  of 
the  joint  Committee  appointed  to 
examine  the  Treasurer's  accounts, 


it  appeared  that  of  the  ordinary 
revenue,  since  the  30th  September, 
1831,   there    was    paid    into   the 


346 


ANNUAL  REGISTER,  1830—31. 


Treasury  the  sum  of  $328,378  92, 
and  that  warrants  were  drawn  on 
the  Treasurer,  by  the  Auditor  of 
Public  Accounts,  within  the  same 
period,  to  the  amount  of  $127,801 
74 :  that  on  account  of  the  Lite- 
rary Fund,  there  were  paid  in  $7,- 
423  15,  and  warrants  issued  by 
the  Second  Auditor  to  the  amount 
of  $6,061  83  :  that  on  account  of 
the  fund  of  Internal  Improvement, 
there  were  paid  $15,924,  and  war- 
rants issued  to  the  amount  of  $5,- 
028  26:  and  that  on  account  of 
the  James  River  Company,  there 
were  paid  in  $18,631  69,  and 
warrants  issued  to  the  amount  of 
$28,030  08, 

Hence  it  results,  that  there  has 
^een  paid  into  the  Treasury  since 
the  1st  of  October  1831  (that  day 
inclusive,)  to  the  present  time,  the 
sum  of  $390,357  76,  and  that 
within  the  same  period,  warrants 
have  been  issued  on  the  Treasurer, 
fro*n  the  Auditor  and  Second  Au- 
ditor, to  the  amount  of  $166,921 
91. 

Tlie  balance  on  hand  the 
IstofOctober,  1831,on 
account  of  the  ordinary 
revenue,  was  $100,595  71 

Literary  Fund  59,527  80 

Fund  of  Internal  Improve- 
ment 58,021  62 

James  River  Company  67,969  26 


Aggregate 

To  which  add  the  differ- 
ence between  receipts 
and  disbursements  to 
thisday 

There  should  now  be  ac- 
tually in  the  treasury 
the  sum  of 

The  letters  from  the  Pres- 
idents of  the  Bank  of 
Virginia,  and  the  Far- 
mer's Bank  of  Virginia, 
exhibit  the  money  now 
in  bank  to  the  credit  of 


292,114  39 


203,435  85 


495,530  24 


496,342  42 


Legislation. — At  the  session 
of  the  Legislature,  1830 — 31,  there 


were  118  public  actspassed,  many 
of  them  remodelling  the  different 
branches  of  the  government  under 
the  amended  constitution.  Among 
them  are  the  following  provisions  : 

The  Court  of  Appeals  is  here- 
after to  consist  of  a  President  an-d 
four  Judges,  three  to  constitute  a 
quorum. 

Concurrent  Jurisdiction  is  given 
to  the  Courts  of  the  respective 
Counties  bounded  on  rivers,  water 
courses,  or  bays,  between  the  oppo- 
site shores  or  banks. 

The  power  of  the  several  Courts 
to  issue  attachments,  and  inflict 
summary  punishments  for  con- 
tempts, is  to  extend  only  to  case* 
of  misbehavior  in  presence  of  the 
court,  or  so  near  thereto  as  to  in* 
terrupt  or  obstruct  the  administra- 
tion of  justice,  or  cases  of  threats 
of  violence  to  the  Judges,  jurors, 
officers,  or  witnesses^  or  misbeha- 
vior of  officers  of  the  courts,  or 
resistance  by  any  officer,  juror,, 
party  witness,  or  other  person,  to 
any  writ,  process,  order,  rule,  or 
deQree  of  the  court.  The  fine, 
without  the  intervention  of  tbt> 
jury,  for  obstructing  the  adminis- 
tration of  justice,  is  not  to  exceed 
$50,  or  the  term  of  imprisonment 
ten  days ;  but  in  some  aggravated, 
cases  may  be  tried  by  a  jury,  and 
the  punishment  determined  by 
their  verdict.  The  offence  of  re- 
sisting process,  &-C.  is  to  be  tried, 
by  jury,  and  the  punishment  de-' 
termined  by  their  verdict. 

Admiralty  Jurisdiction,  not  trans^ 
ferred  to  the  United  States,  is  given 
to  the  Circuit  Superior  Courts. 

Any  person  who  shall  wilfully 
or  maliciously  fight  a  duel  with 
any  weapon  or  instrument,  the 
probable  consequence  of  which 
might  be  d^ath,.  and  shall  kill  his 
antagonist  or  any  other  person,  or 
inflict  a  wound  of  which  the  per- 
son wounded  shall  die  within  thre©. 


VIRGINIA. 


347 


months,  is  declared  to  be  guilty  of 
murder,  and,  together  with  his  aid- 
ers, and  abettors,  is  to  be  subjected 
to  capital  punishment.  Persons 
having  been  concerned  in  a  duel 
are  incapacitated  for  offices  of 
trust  or  emolument,  civil,  military, 
leo-islative,  executive,  or  judicial. 
And  persons  entering  upon  such 
offices  are  required  to  take  an  oath 
that  they  have  not  been,  and  will 
not  be,  concerned  in  a  duel. 

Free  Negroes  and  Mulat- 
TOES. — Free  Negroes  or  Mulattoes 
remaining  in  the  state  contrary  to 
law,  are  made  liable  to  be  sold  by 
the  sheriff.  Meetings  of  free  Ne- 
groes or  Mulattoes  to  learn  read- 
ing or  writing,  are  declared  to  be 
unlawful,  and  are  to  be  dispersed, 
and  the  offenders  subjected  to 
corporeal  punishment. 

White  persons  assembling  with 
them  for  the  purpose  of  instructing 
them,  are  liable  to  a  fine  not  ex- 
ceeding $50,  and  imprisonment 
not  exceeding  two  months.  Any 
white  person,  who,  for  pay,  shall 
assemble  with  slaves,  to  teach 
them  to  read  or  write,  shall  be 
liable  to  a  fine  of  not  less  than 
$10,  or  more  than  $100. 

Persons  not  resident  in  Virgin- 
ia, are  prohibited  from  taking 
oysters  in  the  waters  within  the 
state  ;  under  a  penalty  of  $109  for 
each  offence,  and  a  lien  is  given 
on  the  vessel  or  tackle  useB,  to 
satisfy  the  judgment  rendered  for 
the  penalty. 

By  a  law  to  provide  a  State 
Revenue. — Lands  are  taxed  eight 
cents  on  the  value  of  $100 ;  houses 
and  lots  in  town  $2  on  every  $100 
yearly  rent ;  if  improved,  but  not 
'  rented  or  occupied,'  eight  cents 
on  the  value  of  $100,  and  the 
same  if  not  *  improved ;'  the  tax 
on  every  slave  above  twelve  years 
old,  and  not  exempted  for  age  or 
infirmity,  is  twenty-five  cents ;  on 
30* 


every  stallion  or  jackass,  twice 
the  price  at  which  he  serves  a  mare 
by  the  season ;  other  horses  and 
mules,  six  cents ;  a  license  for  a 
public  house  or  ordinary,  $18,  and 
also  seven  per  cent,  on  the  excess 
of  the  rent,  or  annual  value  of  the 
premises  occupied,  over  $200;  a 
pleasure  carriage,  stage  coach, 
jersey  waggon,  carryall,  with  the 
harnesses,  one  per  cent,  on  the 
value,  not  to  exceed  $2  on  a  four- 
wheeled  pleasure  carriage,  or  to 
be  less  than  $1  on  each  stage 
coach,  jersey  waggon,  or  carryall, 
nor  less  than  50  cents  on  a  two- 
wheeled  pleasure  carriage ;  each 
writ  of  ejectment  75  cents ;  each 
subpcena  in  the  superior  court  of 
chancery  75  cents ;  on  each  su- 
persedeas, habeas  corpus  cum 
causa  filing  appeal,  &c.,  to  superior 
courts,  and  on  each  certiorari 
from  the  general  court  to  the  su- 
perior court  $1,50  on  each  decla- 
ration in  ejectment  m  a  county 
or  corporation  court,  50  cents; 
for  each  certificate  under  the  seal 
of  a  court  of  chancery  $1 ;  a  certifi- 
cate of  a  notary  public  $1,25; 
each  certificate  under  the  seal  of 
the  commonwealth  $2  ;  for  licenses 
to  sell  by  wholesale  and  retail  $60 ; 
to  sell  lottery  tickets  $500 ;  on 
monies  authorised  to  be  raised  by 
lotteries  in  the  state,  one  per  cent., 
to  be  paid  before  the  tickets  are 
sold  ;  for  license  to  hawk  and 
peddle  goods  $20 ;  for  a  license  to 
exhibit  a  show  in  any  county  $30 ; 
for  a  license  to  a  broker  $60 ;  to 
sell  silver  or  plated  ware  $20  ;  the 
tax  on  retail  traders  is  reduced  in 
case  of  small  sales ;  for  a  license  to 
a  pedlar  of  clocks  in   any   county 


AppROPRtATioNS.— For  the  Gen- 
eral Assembly  $115,000;  salaries 
and  allowances  to  civil  officers 
$80,000;  commissioners  of  the 
revenue  and  clerks  $28,500 1  cr'm'tr 


348 


ANNUAL  REGISTER,  1830—31. 


nal  prosecutions  and  jails,  $40,- 
000;  interest  on  the  state  debt 
and  literary  fund  $24,000 ;  sink- 
ing fund  $500;  contingent  ex- 
penses of  courts  including  allow- 
ances to  clerks,  attornies,  sheriffs 
and  jailors,  $30,000;  pensions, 
83,500;  contingent  funds  $10,- 
000;  militia  $1-2,000;  internal 
expenses  of  the  penitentiary  $4,- 
000 ;  salaries  of  officers  of  the 
penitentiary  $6,650  ;  public  guard 
in  Richmond  $15,500;  slaves 
executed  and  transported  $8^500; 
representation  to  Congress,  to  state 
Senate  $1,500;  public  warehouses 
$1000  ;  civil  prosecutions,  includ- 
ing clerks'  sheriffs',  and  marshals' 
fees,  $300;  guard  to  the  Lexing- 
ton Arsenal  $4,500 ;  western  Lu- 
natic Hospital,  $8,500;  that  at 
Williamsburgh,  $0,000;  reports 
of  cases  in  the  Courts  of  appeal 
$4,000 ;  Governor's  house  and 
furniture,  $5,374;  and  some  other 
appropriations,  amounting  in  the 
whole  to  $478,454. 

Interxal  Improvement.  The 
Governor  is  authorised  to  employ 
ii  skilful  engineer,  whose  duty  it 
shall  be,  together  with  the  princi- 
pal engineer  of  this  state,  to  exam- 
ine James  River  from  Richinond  to 
•Covington,  and  make  an  estimate 
of  the  probable  cost  of  continuing 
the  canal  from  Maiden's  Adveli- 
ture  to  Lynchburg  ;  the  probable 
€ost  of  improving  the  river  between 
those  points  by  locks  and  dams  ; 
the  probable  cost  of  a  rail  road 
from  Richmond  to  Lynchburg ; 
to  make  a  similar  examination  and 
estimate  for  the  distance  between 
Lynchburg  and  Covington  ;  to  ex- 
amine the  country  between  James 
and  Jackson's  rivers,  Roanoke  and 
New  rivers,  for  the  purpose  of  as- 
<iertaining  the  best  route  for  a 
canal  or  rail  road,  between  such 
poinls  on  those  rivers  as  they  may 


determine,  and  to  make  an  esti- 
mate of  the  probable  cost  thereof, 
and  to  examine  New  River  from 
its  point  of  union,  a  view  to  its 
improvement  by  each  of  the  above 
modes,  and  to  make  an  estimate 
of  the  probable  cost  thereof. 

The  ex-officio  members  of  the 
board  of  public  works  are  hereby 
authorised  and  required  to  direct 
the  civil  engineer  of  the  state,  or 
one  of  his  assistants,  during  the 
present  year,  to  examine  and  con- 
vey the  Shenandoah  river  from  its 
mouth,  to  the  highest  point  of  navi- 
gation, and  also  the  Shenandoah 
valley  on  each  side  of  the  Mas- 
sanutten  mountain,  with  a  view  of 
ascertaining  the  practicability  of  the 
improvement  of  said  river  by  locks 
and  dams,  or  by  a  canal,  or  of  a 
rail  road  through  the  said  valley  ; 
and  to  estimate  the  cost  of  each 
method  of  improvement,  and  re- 
port the  result  to  the  said  ex-officio 
members  of  said  board.  The  said 
engineer  is  also  directed  to  survey 
the  south  branch  of  the  Potomac, 
and  report  upon  the  practicability  of 
its  improvement  by  caiial  locks  and 
dams,  or  otherwise. 

The  board  of  public  works  shall 
direct  the  civil  engineer  of  the 
state,  or  such  other  as  they  may 
see  fit  to  employ,  to  examine  and 
survey  Blackvvater  river,  from 
South  Q,uay  to  itshead,to  ascertain 
the  practicability  of  opening  that 
rix^er,  and  cutting  a  canal  from  Pa- 
gan Creek  near  Smithfield,  in 
Isle  of  Wight  county,  to  some 
navigable  point  of  said  Blackvvater 
river,  and  from  the  head  of  said 
river,  to  the  Appomattux  river,  at 
or  near  the  town  of  Petersburg  ; 
and  to  report  the  advantages  and 
disadvantages  thereof,  to  the  said 
board. 

The  ex-off^cio  members  of  the 
board  of  public  works  shall  direct 


VIRGINIA. 


349 


the  public  engineer,  to  examine 
and  survey  the  country  between 
the  town  of  Suffolk  in  the  county 
of  Nansemond,  and  Roanoke  river 
opposite  the  town  of  Waldon,  in 
the  state  of  North  Carolina  ;  and 
to  report  an  estimate  of  the  proba- 
ble cost  of  constructing  a  rail  road 
from  Suffolk  to  Roanoke,  together 
with  all  the  information  he  may 
obtain  relative  thereto. 

llesolution. — The  committee  to 
whom  was  referred  the  resolution 
of  the  general  assembly  of  Mary- 
land, communicated  by  the  Gov- 
ernor, relative  to  the  opening  of  a 
safe  and  direct  navigation  through 
the  sounds  which  run  parallel  with 
the  sea  coast,  by  the  construction 
of  such  canals  as  may  be  requisite 
for  the  purpose,  between  the 
Chesapeake  bay  at  or  near  Cape 
Chailes,  and  Lewistovvn  Creek  on 
the  bay  of  Delaware,  and  inviting 
the  co-operation  of  this  State,  and 
that  of  Delaware,  in  the  improve- 
ment, respectfully  report,  that  they 
have  considered  the  resolution  with 
the  attention  which  it  deserves, 
and  duly  appreciating  the  object 
proposed  by  it,  beg  leave  to  recom- 
mend the  adoption  of  the  following 
resolutions  : — 

*  Whereas  the  General  Assembly 
of  Maryland  have  adopted  a  reso- 
lution, communicated  by  the  Gov- 
ernor, relative  to  the  opening  of  a 
safe  and  direct  navigation  through 
the  sounds  which  run  parallel  with 
the  sea  coast,  and  by  the  construc- 
tion of  such  canals  as  may  be  re- 
quisite, for  the  purpose,  between 
the  Cnesapeake  bay  at  or  near 
Cape  Charles,  and  Lewistown 
Creek  on  the  bay  of  Delaware,  and 
invitinc  the  co-operation  of  this 
state,  aind  tlie  state  ot  Delaware  in 
the  improvement.     Therefore, 

'Resolved  by  the  General  As- 
sembly of  Virginia,  That  the  Gov- 
ernor  of  the    ooinmonwealth     be 


and  he  is  hereby  authorised  to  ap- 
point a  commissioner,  or  to  direct 
the  engineer,  to  meet  any  commis- 
sioner or  engineer,  who  may  be 
appointed  by  the  state  of  Maryland 
and  Delaware,  to  make  a  survey  of 
the  said  sounds,  and  an  estimate 
of  the  probable  expense  of  opening 
the  navigation  proposed,  to  be  sub- 
mitted to  the  General  Assembly, 
for  its  consideration  hereafter. 

Resolution. — '  That  the  boards 
of  public  works  be  requested  to 
cause  the  principal  engineer  to  as- 
certain by  surveys,  the  most  eligi- 
ble route  for  a  rail  road  from 
Lynchburg  to  New  River,  and  for 
a  turnpike  road  from  the  last  point 
by  Wythe  court  house  and  Abing- 
don, to  the  Tennessee  line, and  the 
probable  cost  of  each  ;  or,  if  other 
public  duties  engage  the  attention 
of  the  principal  engineer,  that  they 
cause  said  survey,  and  estimates 
to  be  made  by  the  assistant  engi- 
neer authorised  to  be  employed 
for  the  survey  of  the  most  eligible 
route  of  connecting  the  eastern  and 
western  waters.'  Besides  these 
surveys,  provision  is  also  made  for 
examinations  and  surveys  for  va- 
rious public  roads. 

A  serious  insurrection  of  the 
negroes  took  place  on  Monday 
morning,  the  22d  of  August,  in 
Southampton  county,  in  the  south- 
eastern part  of  Virginia,  which, 
happily,  was  confined  to  a  small 
body  of  desperadoes.  The  ring- 
leader was  one  Nat  Turner,  a  slave 
belonging  to  Joseph  Travis,  artful, 
impudent,  vindictive,  and  a  great 
enthusiast.  He  pretended  to  be  a 
Baptist  preacher,  and  declared  to 
his  comrades,  that  he  was  com- 
missioned by  Jesus  Christ,  and 
proceeding  under  his  inspired  di- 
rections, and  that  the  singular  ap- 
pearance of  the  sun,  during  the 
months  of  July  and  August,  was  a 
sign  of  his  mission.     A  large  as- 


350 


ANNUAL  REGISTER,  1830—31. 


semblage  of  the  negroes  at  a  camp 
meeting,  afforded  him  an  opportu- 
nity to  excite  them  to  violence,  and 
after  a  night  spent  in  a  state  bor- 
dering on  frenzy,  they  commenc- 
ed an  indiscriminate  attack  upon 
all  tlie  whites  in  the  vicinity.  After 
murdering  about  seventy  whites, 
most  of  whom  were  unprotected 
women,  they  were  dispersed  by  the 
neighboring  militia,  who  promptly 
repaired  to  the  scene  of  their  out- 
rages, from  all  quarters.  Great 
alarm  prevailed  in  all  the  adjoin- 


ing states,  as  the  insurrection  was 
supposed  to  be  only  part  of  a  more 
extensive  plan  ;  but  in  a  few  days 
the  comtnander  reported  that  there 
was  no  danger  of  a  renewal  of  dis- 
turbances, that  the  insurgents  had 
all  been  killed  or  taken,  with  the 
exception  of  four  or  five,  among 
whom  was  the  leader;  and  that 
there  was  no  reason  to  suppose  that 
there  was  any  concert  among  the 
slaves  in  the  neighboring  coun- 
ties. 


NORTH  CAROLINA. 


Banks. — The  Governor's  mes- 
sage, November,  1831,  stated  that 
the  stock  held  by  the  State  in  the 
State  Bank  of  North  Carolina,  has 
for  some  time  past  only  yielded  an 
interest  of  four  per  cent,  per  an- 
num ;  the  stock  held  by  the  state 
in  the  bank  of  Cape  Fear  has  for 
the  last  two  years,  yielded  an  in- 
terest of  only  three  per  cent,  per 
annum  ;  whilst  the  stock  held  by 
the  state  in  the  Newbern  bank 
has  not,  for  nearly  three  years, 
yielded  any  interest.  The  funds 
vested  by  the  «tate  in  these  banks, 
amount  to  $7 12,700,  and  by  a  report 
made  to  the  senate  of  North  Caroli- 
na, by  a  committee  appointed  to 
inquire  into  the  subject,  it  appears 
that  the  amount  of  dividends  and 
bonus'  declared  by  the  several  banks 
of  that  Slate,  from  1810  to  1830, 
is  as  follows  : — 

By  the  State  Bank  $2,183,670  50 

By  the  Bank  of  Newbern         967,950  00 
By  ihe  Bank  of  Cape  Fear      873,714  54 

$4,025,335  04 
The  charters  are  shortly  to  ex- 
pire, and  probably  will  not  be  re- 
newed. The  legislature  was  rec- 
ommended to  apply  to  Congress 
for  aid,  to  improve  the  navigation 
between  the  Atlantic  and  Aiber- 
marle  Sound. 

On  the  subject  of  Nullification, 
the  Governor  observed  that  *it  is  to 


me  a  source  of  much  gratification 
to  have  observed,  and  to  have 
it  in  my  power  to  state,  that  the 
excitement  which  seems  to  pervade 
a  sister  state,  upon  the  subject  of 
the  tariff,  has  effected  little 
change  in  the  opinions  of  the  citi- 
zens of  North  Carolina.  With  re- 
gard to  the  policy  of  that  measure, 
there  is,  so  far  as  my  information 
extends,  a  perfect  union  of  senti- 
ment. All  deprecate  it  as  unequal 
in  its  operation,  and  destructive  of 
the  interests  of  the  southern  plant- 
er. The  period,  however,  has  not 
yet  arrived,  which,  in  the  judgment 
of  this  community,  authorises  the 
adoption  of  doctrines  subversive  in 
their  nature,  of  all  order,  and  mani- 
festly tending  to  weaken,  if  not 
destroy  our  whole  system  of  govern- 
ment. This  state  is  justly  proud 
of  having  given  the  fir|fc  legisla- 
tive sanction  to  the  spirit  of  the 
revolution.  The  same  love  of  ra- 
tional liberty  which  prompted  this 
high  example,  induced  our  revolu- 
tionary statesmen  to  consider  at- 
tentively and  anxiously  the  form 
of  government  proposed  for  their 
adoption.  Satisfied,  after  full  in- 
vestigation by  successive  conven- 
tions, that  no  powers  were  dele- 
gated but  such  as  were  essential  to 
the  existence  and  preservation  of 
the  Union,  it  is  no  matter  of  sur- 


NORTH  CAROLINA 


36i 


prise  that  they  and  their  children 
should  support  and  defend  the 
compact,  and  neither  seek  nor  de- 
sire a  remedy  beyond  it.' 

These  remarks  were  fully  justi- 
fied, by  the  state  of  public  feeling 
on  that  question  in  North  Caro- 
lina. At  the  previous  session  of 
the  legislature,  the  subject  came 
under  consideration,  and  on  the 
31st  of  December,  1830,  on  mo- 
tion of  Mr.  Henry,  the  House  re- 
solved itself  into  a  committee  of 
the  whole  upon  the  following  reso- 
lutions, heretofore  submitted  by 
Mr.  Worth,  viz  : 

*  Resolved^  by  the  General  As- 
sembly of  North  Carolina,  That, 
although  the  tariff  laws,  as  they 
now  exist,  are  unwise,  unequal  in 
their  operation,  and  oppressive  to 
the  southern  states,  yet  this  legis- 
lature cannot  concur  with  the  ex- 
treme, violent,  and  dangerous  rem- 
edy, to  which  the  South  Cardlina 
doctrines  of  nullification  manifest- 
ly tend. 

*  Resolved,  That  in  the  senti- 
ment, "  this  Union  must  be  pre- 
served," we  recognise  principles 
'Which  challenge  the  approbation  of 

every  republican,  and  which  prom- 
ise to  save  the  republic  from  dis- 
union and  anarchy.' 

Mr.  Fisher  moved  to  amend  the 
resolution  by  inserting  the  words, 
*  in  the  opinion  of  this  legislature,' 
afi;er  the  word  arc  ;  and  Mr.  Bar- 
ringer  moved  to  strike  out  all  the 
said  resottition  after  the  word  leg- 
islature, and  insert,  '  does  not  re- 
cognise as  constitutional,  the  right 
of  an  individual  state  of  this  union 
to  nullify  a  law  of  the  U.  States.' 

On  these  propositions  to  amend, 
and  on  the  general  merit  of  the 
subject,  an  animated  and  protract- 
ed debate  ensued.  The  amend- 
ments were  finally  adopted,  and 
the  resolutions,  as  amended,  were 
reported  to  the  House,  the  first  to 
read  as  follows  : — 


'  Resolved,  by  the  General  Assem- 
bly of  North  Carolina,  Tha-t  al- 
though the  tariff  laws,  as  they  now 
exist,  are,  in  the  opinion  of  this  leg- 
islature, unwise,  unequal  in  their 
operation,  and  oppressive  to  the 
southern  states,  yet,  this  legislature 
does  not  recognise  as  constitutional, 
the  right  of  an  individual  state 
of  this  union  to  nullify  a  law  of  the 
United  ^States.' 

The  second  resolution  was  re- 
ported in  its  original  shape. 

Mr.  Blair  moved  that  the  resolu- 
tions be  postponed  indefinitely, 
and  supported  his  motion  in  a 
brief  but  spirited  speech.  The 
motion  was  negatived  88  to  26. 

Mr.  Bynum  moved  to  strike  out 
of  the  first  resolution,  all  after  the 
words  southern  states,  and  insert, 
*  yet  this  legislature  would  depre- 
cate any  doctrine,  the  tendency  of 
which  would  have  the  effect  to  dis- 
solve the  union  of  these  states.'      ^ 

vn  this  proposition  some  debate 
arose,  in  which  Mr.  Bynum  support- 
ed, and  Messrs.  Edmondston  and 
Cooper  opposed  it.  It  was  decid- 
ed in  the  negative,  79  to  37. 

Mr.  Speight  moved  to  amend 
the  first  resolution,  by  striking  out 
the  whole  thereof,  after  the  words 
southern  states,  and  insert,  '  yet 
this  legislature  is  too  warmly  at- 
tached to  the  union  of  these  states 
to  hazard  a  resort  to  the  ex- 
treme remedy  of  nullification.'  Mr. 
Barringer,  cautioned  the  House 
against  swallowing  the  gilded  pill 
oflfered  by  Mr.  Speight. 

The  question  was  decided  in  the 
negative. 

Mr.  Speight  moved  then  to 
strike  out  the  whole  of  the  first  res- 
olution, and  demanded  the  yeas 
and  nays. 

The  question  was  decided  in 
the  negative,  90  to  24. 

Mr.  Stedman  moved  that  the 
resolutions  lie  on  the  table,  which 
was  negatived — 93  to  19. 


352 


ANNUAL  REGISTER,  1830—31 


The  amendments  proposed  by 
the  committee  of  the  whole,  were 
concurred  in  by  the  House,and  the 
question  being  upon  the  adoption 
of  the  resolutions,  Mr.  Speight 
moved  that  the  question  be  put  on 
the  resolutions  separately,  and  the 
House  vso  ordered. 

The  first  resolution  was  adopted 
by  the  following  vote — ayes  87, 
nays  27. 

The  seeond  resolution  was  read, 
and  adopted  vnanimmisly — yeas 
112. 

A  resolution  which  had  passed 
the  .  General  Assembly  denying 
the  right  of  the  General  Govern- 
ment, to  execute  works  of  internal 
improvement,  was  laid  on  the  table 
in  the  Senate,  48  to  10. 
Fire  at  FayctteviUe,May  29,1831. 
— About  noon  on  Sunday,  an  out- 
house belonging  to  Mr.  Kyle  was 
discovered  on  fire>  and  soon  after 
the  flames  communicated  them- 
selves to  a  brick  building  and  a 
number  of  wooden' houses  adjacent 
— then  the  town  house,  extending 
with  irresistible  and  terrific  vio- 
lence. The  people  exerted  them- 
selves to  the  utmost,  but  in  vain — 
the  slaves,  and  other  colored  per- 
sons behaved  manfully,  and  earned 
a  high  reputation  for  disinterested 
intrepidity  and  strict  honesty — but 
the  anxiety  of  each  person  to  save 
his  own  property,  materially  di- 
verted the  people  from  the  common 
enemy  of  all  of  them.  Tlje  fire 
raged  about  six  hours,  and  then 
stopped  for  the  lack  of  food  to  suj>- 
ply  it!— Only  two  stores  remained 
standing. 

The  public  buiWings  destroyed 
were — ^the  Town  house,  the  Cape 
Fear  bank,  the  Catholic  chapel, 
the  Presbyterian  and  Episcopal 
churches,  the  Academy,  the  Fay- 
ette and  Mansion  House  hotels, 
with  the  house  in  which  the  agen- 
cy of  the  bank  of  the  United  States 


did  business,  and  all  the  printing 
offices — the  private  buildings  de- 
stroyed were  estimated  at  about  six 
hundred^  with  nearly  all  the  goods, 
furniture,  &c.  which  they  contain- 
ed— much  money  and  many  valua- 
ble books  and  papers — soma  of 
which  were  moved  several  times  to 
places  of  supposed  safety,  but 
were  at  last  consumed.  The  mon- 
ey and  papers  of  the  banks  were 
saved — the  vaults  preserving  what 
there  was  not  time  to  carry  away. 
The  tohoh  business  part  of  the 
town  was  destroyed — persons  that 
were  rich,  were  at  once  reduced 
to  poverty. — ^The  aggregate  loss 
was  estimated  at  a  million  and  an 
half  of  dollars.  So  extensive  a  ca- 
lamity and  complete  destruction, 
was  never  before  witnessed  in  the 
United  States.  Not  one  life  was 
lost !  Happily,  the  calamity  came 
in  the  middle  of  the  day,  and  was 
not  in  the  '  winter  seasor^ '— « 
though  the  heat  of  the  weather 
was  hard  to  bear,  unsheltered.  As 
there  was  no  wind,  the  fire  spread 
in  all  directions.  The  property  of 
only  two  individuals  was  insured. 

Fayetteville  was  a  compact  town, 
doing  much  mercantile  business,, 
and  having  about  4,000  inhabit- 
ants. 

Contributions  were  immediately 
taken  up  for  the  relief  of  the  suffer- 
ers in  the  principal  towns  of  tho 
United  States. 

The  whole  amount  received  from 
all  parts  of  the  Union,  was  $91  ,- 
992  38,  from  the  following  states 
and  territories  : — 


Massachusetts 

$14,518  69 

Pennsylvania 

32,7.31  00 

North  Carolina 

11,406  34 

New  York 

10,G48  54 

South  Carolina. 

9,100  37 

Virginia 

8,040  88 

Maryland 

6,820  79 

Louisiana 

5,050  00 

Georgia 

4,102  72 

Connecticut 

3.002  40 

SOUTH  CAROLINA. 


353 


Rhode  Island 

2,067  64 

Ohio 

1,158  02 

Mississipi 

J, 119  40 

District  of  Columbia 

870  00 

New  Jersey 

805  49 

New  Hampshire 

290  00 

Maine 

125  00 

Tennessee 

45  00 

SOUTH  CAROLINA. 


Nullification. — The  excite- 
ment in  this  state  on  the  subject 
of  the  tariff  had  now  become  so 
great,  that  the  public  mind  was 
entirely  absorbed  in  determining 
upon  the  propriety  of  nullifying  the 
law,  as  the  only  effectual  and  con- 
stitutional remedy.  Within  the 
state,  the  contest  was  most  vehe- 
ment, but  out  of  the  limits  of  South 
Carolina,  the  remedy  proposed  was 
deemed  inapplicable,  and  by  the 
great  mass  of  the  American  people 
was  regarded  as  treasonable. 

Notwithstanding  this  settled 
opinion  as  to  the  character  of  the 
measure,  no  steps  on  the  part  of  the 
Federal  Government  were  taken  to 
prevent  or  to  defer  thenullifiers  from 
carrying  their  designs  into  eflfect. 
The  defence  of  the  constitu- 
tion, and  the  jurisdiction  of  the 
government,  were  entrusted  sole- 
ly to  public  opinion  and  to  the 
aflfeciion  of  the  citizens  ;  and  the 
disaffected  spirit  of  South  Carolina 
was  thus  confined  to  the  state.  In 
Georgia  some  symptoms  were 
evinced  of  a  disposition  to  make 
common  cause  with  South  Carolina; 
but  in  North  Carolina  the  prin- 
ciple was  most  pointedly  repudiat- 
ed; and  in  Virginia,  after  having 
sanctioned  the  principle  of  nullifi- 
cation by  legi.slative  resolutions, 
successively  passed  in  1827 — 1829, 
the  leading  politicians  of  the  state 
began  to  shrink  from  the  open 
avowal  of  doctrines,  which  could 
only  end  in  the  subversion  of  the 
federal  g^overnment. 

In  South  Carolina,  however,  the 
nullifiers  continued  to  urge  their 
projects  with  unabated  vigor.     In 


the  legislature  which  met  on  the 
22d  of  Nov.  1830,  they  carried 
their  candidate  for  speakerj(Henry 
L  Pinkney),63  to  58,  which  were 
divided  between  two  other  candi- 
dates. A  bill  was  subsequently  in- 
troduced to  authorise  a  convention 
of  the  stat€,  with  the  view  of  nulli- 
fying such  laws  of  Congress  as 
it  might  deem  unconstitutional. 
This  proposition  requiring  two 
thirds  of  the  legislature,  was  lost 
in  both  Houses— the  votes  being  in 
the  Senate,  23  in  favor,  12  against; 
and  in  the  House,  60  in  favor,  and 
56  against  a  convention. 

The  following  resolutions  were 
passed  on  the  subject.  The  first  three 
resolutions  passed  unanimously. 

*  Resolved,  That  the  Legislature 
of  the  State  of  South  Carolina  doth 
unequivocally  express  a  firm  reso- 
lution to  maintain  and  defend  the 
Constitution  of  the  United  States 
and  the  Constitution  of  this  state 
against  every  aggression,  either  for- 
eign or  domestic,  and  that  they 
will  support  the  Government  of  the 
United  States  in  all  the  measures 
warranted  by  the  former. — Mad- 
ison. 

'Resolved,  That  this  Legislature 
most  solemnly  declares  a  warm  at- 
tachment to  the  Union  of  these 
states,  to  maintain  which  it  pledges 
all  its  powers;  and  that  for  this 
end  it  is  their  duty  to  watch  over 
and  oppose  every  infraction  of  those 
principles  which  constitute  the  only 
basis  of  that  Union ;  because  a 
faithful  observance  of  them  can 
alone  secure  its  existence  and  the 
public  happiness. — Madison. 

'Resolved,  That  this  Legislature 


a54 


ANiNUAL  REGISTER,  1830~:JI. 


(loth  explicitly  and  peremptorily 
declare,  that  it  views  the  powers  of 
the  Federal  Government  as  result- 
ing from  the  compact  to  which  the 
states  are  parties,  as  limited  by  the 
plain  sense  and  intention  of  the  in- 
strument constituting  that  com- 
pact ;  and  in  case  of  a  deliberate 
and  palpable  and  dangerous  exer- 
cise of  other  powers  not  granted 
by  the  said  compact,  the  states 
who  are  parties  thereto  have  the 
right,  and  are  in  duty  bound,  to  in- 
terpose for  arresting  the  progress 
of  the  evil,  and  for  maintaining 
within  their  respective  limits  the 
authorities,  rights,  and  liberties, 
appertaining  to  them. — Madison. 

'Resolved,  That  the  several  states, 
comprising  the  United  States  ot 
America,  are  not  united  on  the 
principle  of  unlimited  submission 
to  their  General  Government;  but 
by  compact,  under  the  style  and 
title  of  a  Constitution  of  the  United 
States,  and  of  amendments  thereto, 
they  constituted  a  Government  for 
special  purposes — delegated  to  that 
Government  certain  definite  pow- 
ers, reserving,  each  state  to  itself, 
the  residuary  mass  of  right  to  their 
own  self-government ;  and  that, 
whensoever  the  General  Govern- 
ment assumes  undelegated  powers, 
its'acts  are  unauthorJtative,void,and 
of  no  force.  That  to  this  compact 
each  state  acceded  as  a  state,  and 
as  an  integral  party.  That  the 
Government  created  by  this  com- 
pact was  not  made  the  exclusive 
or  final  judge  of  the  extent  of  the 
powers  delegated  to  itself,  since 
that  would  have  made  its  discre- 
tion, and  not  the  Constitution,  the 
measure  of  its  powers,  but  that, 
as  in  all  other  cases  of  compact 
between  parties  having  no  common 
judge,  each  party  has  an  equal 
right  to  judge  for  itself,  as  well  of 
infractions  as  of  the  mode  and 
measure  of  redress. — Jeferson.' 


This    resolution   passed   in  the 
house  by  a  majority  of  83  to  31. 

*  5.  Resolved^  That  this  Legisla- 
ture doth  also  express  its  deep  re- 
gret that  a  spirit  has  in  sundry  in- 
stances been  manifested  by  the 
Federal  Government  to  enlarge  its 
powers,  by  forced  constructions  of 
the  constitutional  charter  which 
define  them  ;  and  that  indications 
have  appeared  of  a  design  to  ex- 
pand certain  general  phrases, 
(which  have  been  copied  from  the 
very  limited  grant  of  powers  in  the 
former  articles  of  confederation, 
were  the  less  liable  to  be  miscon- 
strued,) so  as  to  destroy  the  mean- 
ing and  effect  of  the  particular 
enumeration  which  necessarily  ex- 
plains and  limits  the  general 
phrases,  and  to  pervert  certain 
specified  grants  of  power  from  their 
true  and  obvious  meaning,  to  pur- 
poses never  contemplated  by  the 
authors  of  the  Constitution,  or  the 
states,  when  they  adopted  it ;  and 
so  to  consolidate  by  degrees,  into 
one  sovereignty;  the  obvious  ten- 
dency and  inevitable  result  of 
which,  would  be  to  transform  the 
present  republican  system  of  the 
United  States  into  an  absolute 
government,  without  any  limitation 
of  power.' 

This  resolution  was  agreed  to  by 
a  vote  of  103  to  9. 

'  6.  Resolved,  That  the  several 
acts  of  the  Congress  of  the  United 
States,  now  of  force,  imposing  du- 
ties upon  imposts  for  the  protec- 
tion of  domestic  manufactures, 
have  been,  and  are  deliberate  and 
highly  dangerous  and  oppressive 
violations  of  the  constitutional 
compact,  and  that  whenever  any 
state,  which  is  suffering  under  this 
aggression,  shall  lose  all  reasonable 
hope  of  redress  from  the  wisdom 
and  justice  of  the  Federal  Govern- 
ment, it  will  be  its  right  and  duty 
to  interpose  in  its  sovereign  capac- 


SOUTH  CAROLINA. 


355 


ity,  for  the  purpose  of  arresting  the    ment    was   then    rejected    almost 

progress  of  the  evil  occasioned  by    unanimously. 

In  the  Senate,  all  of  the  above 
resolutions  were  agreed  to,  either 
unanimously,  or  by  overwhelming 
majorities.  That  which  proposed 
the  call  of  a  Convention,  after  the 


the  said  unconstitutional  acts. 

This  resolution  was  agreed  to 
by  a  vote  of  90  to  24. 

'  7.  Resolved,  That  this  state 
havinor  long  submitted  to  the  evil, 


in  the  hope  of  redress    from    the  adjournment  of  the  present  session 

wisdom  and  justice  of  the  federal  of  Congress,  passed  by  a  majority 

government,   doth   no  longer  per-  of  26  to  12.     On  the  bill  providing 

ceive  any  ground  to  entertain  such  for  the  immediate  call  of  a  Convea- 

hope,   and  therefore  that  it  is  ne-  tion,  the  vote  in  the  Senate  stood, 

cessary  and  expedient  that  a  con-  ayes  23,  noes  18. 

vention  of  the  people  of  this  state  Thus  terminated,   for  the  pres- 

be  assembled,  to  meet  after  the  ad-  ent,  the  proceedings  of  the  Legis- 

journment  of  the  ensuing  session  lature  of  South  Carolina,  on  these 

of   the  Congress    of    the    United  interesting  subjects. 


States,  for  the  purpose  of  taking 
into  consideration   the  said    viola- 
tions of  the  constitutional  compact.' 
This  resolution,  after  beinof  mod- 


The  failure  of  the  Convention 
bill  did  not  discourage  the  advo- 
cates of  nullification,  but  they  re- 
newed their  exertions  to  stimulate 


itied  by  striking  out  all  the  words  the  people  of  the  state  tor  resist  the 
down  to  *  it  is  necessary,'  was  tariff  at  all  hazards.  A  state 
agreed  to  by  a  vote  of  60  to  56 ;  rights  and*  free  trade  association 
but  as  the  Constitution  of  South  was  formed,  and  every  effort  was 
Carolina  requires  the  consent  of  made  to  keep  up  the  public  feel- 
two  thirds  of  the  Legislature  to  ings  to  that  point  which  threatens 
call  a  Convention,  this  proposition,  loudly  as  to  seem  on  the  point  of 
though  supported  by  a  majority  of  acting. 

both  branches  of  the  Legislature,        Legislation. — Among  the  acts 

has  failed.  passed  at  the  session  of  1830,  were 

In  the  progress  of  the  discus-  the  following  of  general  interest, 
sion,  Mr.  D.  E.  Huger  offered  the        The  Act  to  raise  supplies  impose 

following  among  other  resolutions,  a  tax  of  2  percent,  on   all   divi- 

as  an  amendment,  viz:  dends   received  by  citizens  of  this 

^Resolved,  That  this  legislature  state,  on  shares  in   any   bank  not 

does  not  recognize  as  constitution-  incorporated  by  the  authority  of  the 

al,  the  right  of  an  individual  state  state,  whether    the  shares  be  held 

to  nullify  or  arrest  a  law  passed  by  in   the  state  or  not  ;  and  a  tax  of 


the  United  States,  in  Conorress  as- 
sembled. 

A  motion  was  then  made  by  Mr. 


$2000  instead  of  $5000,   on  lot- 
tery offices. 

The  Act  to  regulate  the  prac^ 


Glover  to  strike  out  all   after  the  tice  of  the  Courts  of  law  in  cer- 

word  *  resolved,'  and  to  insert  the  tain   cases,  is  declaratory  of  the 

following:  right   of  a    Defendant,    in  a  suit 

'  That  the  legislature  doth   rec-  upon   a  Bond,  under  the  plea  of 

oguize  the  right  of  a  state  to  ar-  non  est  factum,  to  give  in  evidence 

rest    an   unconstitutional    law   of  any   matter  which   goes   to   show 

Congress;^  that  the  bond  was  void  in  its  crea- 

Which  was  agreed  to  by  a  vote  tion.     This  act  was   intended  to 

of  60  to  57.  The  whole  amend-  remove  the  doubts  resulting  from 
31 


356 


ANNUAL  REGISTER,  1830—31. 


an  adverse  decision  of  Judge  Lee, 
on  the  Custom  House  bond  of 
Messrs.  Holmes  and  Mazyck. 

The  Act  concerning  free  per- 
sons of  color,  inhibits  this  class  of 
population  from  distilling  or  vend- 
ing ardent  spirits. 

The  Act  concerning  hawkers 
and  pedlars,  increases  the  license 
for  this  class  of  traders  to  |100  for 
a  district,  requires  them  to  enter 
into  recognizance  with  good  secu- 
rities, to  be  of  good  behavior,  and 
especially  not  to  distribute  seditious 
pamphlets,  &lc.  ;  and  subjects  their 
goods,  &c.  to  seizure  in  case  they 
refuse  to  produce  their  licenses 
upon  demand. 

The  Act  to  amend  the  Acts  reg- 
ulating Elections  gives  the  Mana- 
gers power  to  commit  persons  to 
gaol  for  disorderly  conduct  at  the 
polls — requires  a  person,  whose 
vote  is  challenged,  to  take  an  oath 
setting  forth  specifically  his  quali- 
fications, makes  the  false  swearing 
of  the  voter  liable  to  punishment. 


as  perjury — gives  the  Managers 
power  to  reject  a  vote,  notwith- 
standing the  oath  of  the  voter,  if 
they  shall  be  otherwise  satisfied 
that  the  voter  is  not  qualified,  and 
requires  the  Managers  in  the  par- 
ishes of  St.  Philips  and  St.  Michaels 
to  set  down  in  writing  the  particu- 
lar place  of  residence  of  every 
voter.  A  resolution  was  also 
adopted  by  the  Legislature  decla- 
ratory of  the  provisions  of  the 
Constitution  with  respect  to  the 
qualifications  of  voters-^— declaring 
that  the  residence  required  by  the 
Constitution,  is  residence  immedi- 
ately preceding  the  election;  but  if 
any  person  have  his  home  in  the 
State  or  District,  as  the  case  may 
be,  temporary  absence  with  the  in- 
tention of  returning,  does  not  affect 
his  residence,  but  if  he  have  a 
home  or  family  in  another  State, 
his  residence,  although  continued 
for  two  years  in  the  State,  gives 
no  right  to  vote. 


GEORGIA. 


Cherokees. — An  Indian  by  the 
name  of  Tassels  having  been  guilty 
of  homicide,  was  arrested  and 
tried  under  the  laws  of  Georgia  in 
the  autumn  of  1830. 

Having  been  convicted,  a  writ 
of  error  was  sued  out  in  his  name 
from  the  Supreme  Court  of  the 
United  States  for  the  purpose  of 
contesting  the  constitutionality  of 
the  law  under  which  he  was  tried. 
Governor  Gilmer  thereupon  trans- 
mitted to  the  Legislature  the  fol- 
lowing message  : 
Executive  department,  December  22, 1830. 

*  I  sulrfflit  to  the  Legislature,  for 
its  consideration,  the  copy  of  a 
communication  received  this  day, 
purporting  to  be  signed  by  the 
chief  justice  of  the  United  States, 
and  to  b<!  a  citation  of  the  State  of 


Georgia  to  appear  before  the  Su- 
pieme  Court,  on  the  second  Mon- 
day in  January  next,  to  answer  to 
that  tribunal  for  having  caused  a 
person  who  had  committed  murder 
within  the  limits  of  the  state,  to 
be  tried  and  convicted  therefor. 

'  The  object  of  this  mandate  is 
to  control  the  State  in  the  exercise 
of  its  ordinary  jurisdiction,  which, 
in  criminal  cases,  has  been  vested 
by  the  Constitution  exclusively  in 
its  superior  Courts. 

*  So  far  as  concerns  the  exercise 
of  the  power  which  belongs  to  the 
Executive  department,  orders  re- 
ceived from  the  Supreme  Court, 
for  the  purpose  of  staying,  or  in 
any  manner  interfering  with  the 
decisions  of  the  Courts  of  the 
state,  in  the  exercise  of  their  con- 


GEORGIA. 


35: 


stitutional  jurisdiction,  will  be  dis- 
regarded ;  and  any  attempt  to  en- 
force such  orders  will  be  resisted 
with  whatever  force  the  laws  have 
placed  at  my  command. 

'  If  the  judicial  powers  thus  at- 
tempted to  be  exercised  by  the 
Courts  of  the  United  States,  is  sub- 
mitted to,  or  sustained,  it  must 
eventuate  in  the  utter  annihilation 
of  the  State  Governments,  or  in 
other  consequences  not  less  fatal 
to  the  peace  and  prosperity  of  our 
present  highly  favored  country.' 

(Signed) 

GEORGE  R.  GILMER. 

This  message  being  referred  to 
a  Committee, the  following  report 
and  resolutions  were  brought  in 
and  passed  by  the  house,  and  con- 
curred in  by  the  senate  : 

Whereas,  it  appears  by  a  com- 
munication made  by  his  excellen- 
cy the  Governor  to  this  general 
assembly,  that  the  chief  justice  of 
the  Supreme  Court  of  the  United 
States  has  sanctioned  a  writ  of  er- 
ror, and  cited  the  state  of  Georgia, 
through  her  chief  magistrate,  to 
appear  before  the  Supreme  Court 
of  the  United  States,  to  defend 
this  State  against  said  writ  of  er- 
rar,  at  the  instance  of  one  George 
Tassels,  recently  convicted  in  Hall 
f^uperior  court,  of  the  crime  of 
murder. 

And  whereas,  the  right  to  pun- 
ish crimes  against  the  peace  and 
good  order  of  this  state,  in  accord- 
ance with  the  existing  laws  is  an 
original  and  a  necessary  part  of 
sovereignty  which  the  state  of 
Georgia  has  never  parted  with. 
'Be  it  therefore  resolvedhy  the  Sen- 
ate and  House  of  Representatives, 
<S^c.  That  they  view  with  feelings 
of  the  deepest  regret,  the  interfer- 
oiice  by  the  chief  justice  of  the 
Fupreme  court  of  the  United  States, 
in  the  administration  of  the  crimi- 
nal   laws   of  this  State,    and  that 


such  an  interference  is   a  flagrant 
violation  of  her  rights. 

'  Resolved  further,  That  his  ex- 
cellency the  Governor  be,  and  he. 
and  every  other  officer  of  this  state 
is  hereby  requested  and  enjoined, 
to  disregard  any  and  every  man- 
date and  process  that  has  been  or 
shall  be  served  upon  him  or  them, 
purporting  to  proceed  from  the 
chief  justice  or  any  associate  jus- 
tice of  the  Supreme  Court  of  the 
United  States,  for  the  purpose  of 
arresting  the  execution  of  any  of 
the  criminal  laws  of  this  State. 

'  And  be  it  further  resolved,  That 
his  excellency  the  Governor  be  and 
he  is  hereby  authorised  and  requir- 
ed, with  all  the  force  and  means 
placed  at  his  command,  by  the 
constitution  and  laws  of  this  State, 
to  resist  and  repel  any  and  every 
invasion  from  whatever  quarter, 
upon  the  administration  of  the 
criminal  laws  of  this  state. 

'  Resolved,  That  the  State  of 
Georgia  will  never  so  far  comprom- 
it  her  sovereignty,  as  an  independ- 
ent State,  as  to  become  a  party  to 
the  case  sought  to  be  made  before 
the  Supreme  Court  of  the  United 
States,  by  the  writ  in  question. 

'  Resolved,  That  his  excellency 
the  Governor  be,  and  he  is  hereby 
authorised,  to  communicate  to  the 
sheriff  of  Hall  county,  by  express, 
so  much  of  the  foregoing  resolu- 
tions, and  such  orders  as  are  ne- 
cessary to  ensure  the  full  execu- 
tion of  the  laws,  in  the  case  of 
George  Tassels,  convicted  of  mur- 
der in  Hall  county.' 

The  Governor  accordingly  took 
the  course  recommended  by  the 
resolutions,  and  on  the  day  assign- 
ed for  his  execution,  the  unfortu- 
nate Indian  was  hanged  pursuant 
to  his  sentence. 

Other  difficulties,  however,  now 
began  to  appear.  The  laws  pass- 
ed by  Georgia  extending  the  juris- 


358 


ANNUAL  REGISTER,  1830—31 


diction  of  the  State  over  the  Cher- 
okee territory,  had  made  it  a  mis- 
demeanor for  white  persons  to  re- 
main in  the  Indian  country  with- 
out taking  an  oatli  of  allegiance  to 
the  State. 

A  mission  had  been  established 
among  the  Cherokees  many  years 
anterior  to  the  accession  of  Gen. 
,Jackson  to  the  Presidency ,with  the 
approbation  of  the  Federal  Govern- 
.ment,  and  had  acted  as  the  agent 
of  the  Government  in  distributing 
-the  fund  appropriated  for  the  civ- 
ilization of  the  Indians,  and  gener- 
ally in  carrying  into  effect  the  be- 
nevolent views  which  characteriz- 
ed its  policy. 

As  these  missionaries  were  con- 
sidered advisers  of  the  Cher-oki^es, 
the  Government  of  Georgia  deivm- 
ed  it  necessary  to  remove  them 
from  the  territory. 

A  state'  guard  was  accordingly 
ordered  into  the  territory,  and 
3arn,uel  Worcester  and  five  other 
■;vhite  persons  were  arrested  in  the 
ijjonth  of  March,  183J,  brought  be- 
ibre  Judge  Clayton  for  violating 
ihe  laws  of  Georgia.  Mr.  Worces- 
ter and  Mr.  Thompson,  however, 
were  discharged  from  imprison- 
ment, on  the  ground  that  being 
.agents  of  the  United  States  they 
,did  not  come  under  the  operation 
of  the  statute. 

Complaints  were  then  made. to 
the  President,  who  dismissed  them 
from  their  employment,  and  Gov 
■Gilmer  addressedJetters  informing 
them  of  it  and  requiring  their  de- 
parture from   the  Cherokee  coun- 
try.    The  following  was  addressed 
to  Mr.  Worcester: 
Executive    department,    MiUedge- 
ville,  IQtJiMay,  1831. 
'  Sir — It  is  a  part  of  my  official 
duty  to  cause  all  white  persons  re- 
siding within  the  territory  of  the 
State  occupied  by  the  Cherokees 
to    be    removed    therefrom,    who 


refuse  to  take  the  oath  to  support 
the  constitution  and  laws  of  the 
State.  Information  has  been  re- 
ceived of  your  continued  residence 
within  that  territory,  without  com- 
plying with  the  requisites  of  the 
law,  and  of  your  claim  to  be  ex- 
empted from  its  operation,  on  ac- 
count of  your  holding  the  office  of 
postmaster  at  New  Echota. 

*  You  have  no  doubt  been  inform- 
ed of  your  dismissal  from  that  of- 
fice.    That  you  may  be  under  no 
mistake  as  to  this  matter,  you  are 
also  informed  (hat  the  government 
of  the  United  States  does  not  recog- 
nize as  its  agents  the  missionaries 
acting   under  the  direction  of  the 
American    board   of  foreign   mis- 
sions.    Whatever  may  have  been 
your  conduct  in  opposing  the  hu- 
mane policy  of  the  general  govern- 
ment, or  exciting  the   Indians  to 
oppose  the  jurisdiction  of  the  state, 
I  am  still  desirous  of  giving  you, 
and  all   others  similarly   situated, 
an    opportunity    of    avoiding    the 
punishment   which   will  certainly 
follow  your  further  residence  within 
the    state,    contrary   to   its   laws. 
You   are  therefore  advised  to  re- 
move from  the  territory  of  Georgia, 
occupied  by  the  Cherokees.     Col. 
Sanford,   the   commander   of  the 
guard,  will  be  requested  to  have 
this  letter  delivered  to  you,  and  to 
delay  your  arrest  until  you  shall 
have  had  an  opportunity  of  leaving 
the  state.  Very  respectfully,  yours, 
&c.     GEORGE  R.  GILMER. 
Rev.  Samuel  Worcester  J 
This  requisition  not  having  been 
complied   with,  Messrs.  Worcester 
and  Butler  were  arrested,  and  oi>e 
of  them  (Mr.  Butler)  dragged  with 
a  chain  round  his  neck  to  prison. 
After    a   short   confinement,  they 
were    tried,  convicted,  and    sen- 
tenced, with  9  others,  to  4  years 
imprisonment  at  hard  labor  in  the 
Penitentiary  of  Georgia.  Measures 


GEORGIA. 


359 


were  taken  to  bring  the  question 
as  to  the  legality  of  their  confine- 
ment and  the  constitutionality  of 
the  State  laws  before  the  Supreme 
Court  of  the  United  States  for  de- 
cision,and  in  the  mean  time  the  mis- 
sionaries remained  in  prison  among 
convicts  and  felons. 

Among  other  measures  adopted 
by  the  Legislature  at  the  session  of 
1830 — 3 1,  on  this  subject,  was  a 
law  declaring  all  Cherokees  not  to 
be  bound  or  liable  to  be  sued  on 
contracts  made  with  white  persons. 

A  bill  was  passed  to  authorise 
the  immediate  survey  and  distribu- 
tion of  the  Cherokee  territory,  but 
postponing  the  division  into  lots 
until  the  Indian  title  was  extin- 
guished, or  until  the  meeting  of  the 
next  legislature. 

A  new  system  for  the  militia 
was  also  reported,  by  which  all 
parades  were  abolished  except  one 
for  annual  inspection,  and  all  per- 
sons not  serving  in  volunteer  corps 
were  to  be  taxed  50  cents  a  year, 
for  the  encouragement  and  sup- 
port of  volunteer  corps.  The 
members  of  volunteer  corps  were 
to  be  exempted  from  Jury  duty  ; 
and  were  to  have  4  annual  parades, 
exclusive  of  those  required  by  their 
by-laws. 

Federal  Government. — The 
following  resolution  was  also  pass- 
ed by  a  vote  of  76  to  45.  After 
reciting  the  protest  against  the 
tariff  passed  in  1828  (Vide  Ann. 
Register  for  that  year  [141])  the 
resolution  proceeds. 

And  whereas  the  foregoing  pro- 
test was,  on  the  12th  day  of  Janu- 
ary, 1829,  laid  before  the  Senate 
of  the  United  States,  with  due 
solemnity. 

*  Be  it  therefore  resolved  hy  the 
Senate  and  House  of  Representa- 
tives of  the  State  of  Georgia,  in 
General  Assembly  met,  and  acting 
for  the  people  thereof.  That  the 
31* 


State  of  Georgia,  influenced  by  a 
sense  of  forbearance,   and  respect 
for  the  opinions  of  the  other  States, 
and  by  community  of  attachment 
to  the  Union,   so  far  as  the  same 
rnay  be  consistent  with  self-preser- 
vation and  a  determined  purpose 
to  preserve  the  purity  of  our  re- 
publican   institutions,   having,    in 
her  sovereign  character,  protested 
against  the  Tariff,  and,   by  infer- 
ence,  against  its  dependent  meas- 
ure— Internal     Improvements,   as 
being  an  infraction  of  the  sacred 
bond  of  our  Union — demanded  its 
repeal,  and  in  perpetual  testimony 
thereof,  deposited  that  protest  and 
demand   in    the    archives   of  the 
Senate  of  the  United   States,  can- 
not now,  adhering  firmly  and  un- 
alterably, as  she  does,  to  the  decla- 
rations contained  in   that  instru- 
ment,   descend,    without  compro- 
mitting  her  honor  and  dignity  as  a 
sovereign  and  independent  State, 
to  the  measures  of  memorial  and 
remonstrance,  which,  having  been 
patiently  resorted  to  for  years,  were 
utterly  disregarded,  thus  compell- 
ing her,  in  justification  of  her  char- 
acter to  the  present  generation,  and 
to  posterity,    reluctantly   to  adopt 
the  measure  herein  before  recited. 
*  Resolved,    neverthelesi ,  by  the 
General  Assembly  of  the  State  of 
Georgia,    acting  for  and  in  the 
behalf  of  the  people  thereof,  That 
this  State  looks  with  the  deepest 
solicitude    to    the    re-election   of 
General  Jackson  to  the  Presidency 
of  the  United   States,   because  in 
that  event,  we  will  have  a  certain 
guarantee,   that  he  will  fearlessly 
go,  as  far  as  his  official  powers  will 
warrant,    "in  arresting  the  profli- 
gate   expenditure    of  the    public 
money,   extinguishing  the   public 
debt  as  speedily  as  possible — and 
in  restraining  the  Government  to 
its  original  simplicity  in  the  exer- 
cise of  all  its  functions."  ' 


360 


ANNUAL  REGISTER,  1830—31. 


ALABAMA. 


Legislation  — At  the  session  of 
the  Legislature,  commencing  No- 
vember 15th,  1^30,  twelve  public 
acts  were  passed,  and  seven  joint 
resolutions.  Among  the  acts,  was 
one  providing  a  reporter  for  the 
decisions  of  the  Supreme  Court  of 
the  State. 

It  was  enacted  that  no  juror 
should  be  deemed  incompetent  in 
capital  cases,  because  he  had 
formed  and  expressed  an  opinion 
solely  upon  rumor,  without  any 
knowledge  of  the  facts  in  the  case. 

In  capital  cases,  the  defendant 
is  to  have  sixteen,  and  the  state  four 
peremptory    challenges,    and     in 


other  felonies,  the  defendant  is  to 
have  twelve,  and  the  state  four 
challenges. 

Memorials  to  Congress  were  a- 
dopted  by  the  legislature,  praying 
further  relief  to  occupants  and 
purchasers  of  the  public  lands, 
and  a  joint  resolution  declaring 
that  the  transportation  of  the  mail 
on  Sunday,  is  of  vital  importance 
to  the  welfare  and  prosperity  of  the 
Union,  and  that  its  suspension  on 
that  day,  would  be  a  violation  of 
the  spirit  of  the  constitution, and  re- 
pugnant to  the  principles  of  a  free 
government. 


MISSISSIPPI. 


Elections. — August,    1830. — 

The  following  is  the  return  of  the 
election  for  a  member  of  congress 
in  this  state  : — 

Mr.  Plummer  4148 

Dickson  '  2713 

Wilkins  2078 

Norton  1398 

Sharkey  1372 

Webber  155 

From  the  official   returns  of  the 
election  for  governor  of  this  state, 
-it   appears  that   the  following  was 
the  vote  : 

Scott     ♦  3,950 

Runnels  3,711 

Lynch  2,905 

Harris  1,439 

Gordon  494 

For  a  convention,  to  amend  the 
constitution,  7,034;  against  a  con- 
vention, 2,020. 

1831.— The  Mississippi.— The 
length  of  passage  from  New  Or- 
leans to  Louisville  has  been  short- 
ened about  forty-two  miles,  by  cut- 
ting off  two  bends  in  the  Mississip- 
pi river.  The  first  at  the  bend 
into  which  Red  river  empties  itself. 


The  distance  round  that  bend  was' 
eighteen  miles.  On  the  14th  of 
January,  1831,  Capt.  Shreve,  the 
superintendent  for  improving  the 
navigation  of  the  Mississippi  and 
Ohio  rivers,  commenced  making 
an  excavation  across  the  neck  of 
land,  at  the  narrowest  point.  The 
object  was  effected  by  cutting  a 
canal  seventeen  feet  wide,  and 
twenty-two  feet  deep,  after  felling 
all  the  timber  in  the  vicinity.  The 
water  was  let  through  the  canal 
about  the  2Sth  of  January,  fourteen 
days  after  the  commencement  of 
the  work.  In  two  days  the  water 
had  excavated  a  channel  to  such 
an  extent,  that  the  steamer  Bel- 
videre  passed  up  through  it.  On  the 
same  day,  the  United  States  steam- 
er Heliopolis  passed  up  the  same 
channel.  Since  that  time,  the 
steamboats  have  all  passed  through 
the  same  cut  off,  up  and  down.  In 
five  days,  it  was  the  main  channel 
of  the  river,  being  about  half  a 
mile     in     width,   and    of    equal 


MISSISSIPPI. 


361 


depth  with  the  other  parts  of  the 
river.  The  excavation  was  made 
by  the  steam  snag-boat  Heliopolis, 
in  an  unexampled  and  expeditious 
manner.  By  laying  the  boat  head 
on  the  shore,  two  scrapers  of 
large  size  were  worked  by  lines 
from  four  windlasses  on  the  main 
shafts  of  the  boat.  Two  lines  to 
each  scraper,  one  a  six  }nch  line, 
to  haul  the  scraper  into  the  bow  of 
the  boat,  the  other,  a  three  and  a 
half  inch  line,  passed  through  a 
leading  block  on  the  shore,  as  far 
out  as  was  necessary,  and  fastened 
to  the  back  end  of  the  scraper  to 
draw  it  out.  In  this  manner,  the 
scrapers  were  kept  in  continual 
operation ;  loaded  and  unloaded 
by  their  own  motion,  attended  by 
two  men  each,  moving  the  earth 
out,  and  throwing  it  into  the  river, 
where  it  was  washed  away  at  the 
rate  of  at  least  a  ton  weight  per 
minute, 

Th6  other  bend,  200  miles  above 
Natchez,  which  has  been  cut  off, 
is  not  yet  so  perfect  a  navigation. 
The  distance  round  it  is  24  miles. 
That  channel  was  formed  by  cut- 
ting a  small  ditch  through  two 
years  ago.  Six  or  eight  steamboats 
have  passed  up  through  it.  It  is 
believed  that  it  will  wash  to 
such  an  extent,  that  it  will  be  the 
main  channel  of  the  river  in  1831. 
The  saving  to  the  navigation  will 
be  equally  as  great  as  that  at  Red 
river.  From  examinations  made 
by  Capt.  H.  M.  Shreve,  he  is  of 
opinion,  that  the  distance  may  be 


shortened  97  miles  in  the  same 
manner,  at  a  comparatively  small 
expense,  by  cutting  through  five 
other  bends.  The  superintendent 
has  been  instructed  by  the  de- 
partment not  to  execute  this  work, 
as  the  act  of  congress  providing 
for  the  improvement  of  the  naviga- 
tion of  that  river,  does  not  authorise 
that  description  of  improvement. 

United  States  Bank. — The 
following  resolution  was  passed  at 
the  session  of  1830 — 31. 

*  Whereas,  the  introduction  of 
a  Branch  bank  of  the  National 
bank,  within  our  state,  would  in- 
crease the  circulating  rrtedium,  fa- 
cilitate internal  and  external  nego- 
tiations, and  promote  our  agricul- 
tural and  commercial  interests — 
Therefore,  be  it 

'  Resolved,  by  the  Senate  and 
House  of  Representatives  of  the 
State  of  Mississippi,  in  general 
assembly  convened,  and  it  is  here- 
by resolved,  that  the  president  and 
directors  of  the  bank  of  the  United 
States  be,  and  they  «re  hereby  re- 
quested to  locate  a  branch  of  said 
bank  within  the  limits  of  our  State. 
And  be  it  further 

^Resolved,  by  the  authority  afore- 
said, that  the  Governor  be,  and  he 
is  hereby  requested,  forthwith,  to 
transmit  a  copy  of  this  resolution, 
addressed  to  the  president  and  di- 
rectors of  said  bank,  and  that  the 
same  be  certified  under  the  seal  of 
the  state,  and  -with  his  signature 
affixed  thereto.' 


LOUISIANA. 


Exports  from  New  Orleans.  1827—8    35,111            39,06S           304,84S 

Hhds.  of  I  Hhds  Supar   I  Bales  of  ^  828-9    25,491  57,611            267,949 

tXccI  I  ^    •  I  Co^^^^^  1829-30  28,028            22,951           351,890 

1821-2    21,995  156,Cr30  ,00..       -n               i.      .u                  1 

1822—3    29,361  171,431  1830. — Bank.— By   the  annual 

i823-4   25,910        '  143,943  report  of  the  Bank  of  Louisiana, 

iStI    \sfm  St'il  it  had  only  $576,332  in   circula- 

1826—7   26,570  329^,682  tion,  but  |42Q,880  in  specie  on 


362 


ANNUAL  REGISTER,  1830-^iI. 


hand — besides  the  cash  in  the  dif- 
ferent offices  and  other  available 
means,  making  the  grand  aggre- 
gate of  $876,038.  The  bills  and 
notes  discounted,  or  mortgages  on 
interest,  amounted  to  about  3,500, 
000 — capital  paid  in  yearly  4,000,- 
000 — deposites  to  credit  of  individ- 
uals, 392,355. 

1831. — A  rail  road  was  this  year 
completed  between  New  Orleans 
and  Lake  Pontchartrain— it  is  4  1-2 
miles  long,  perfectly  straight,  and 
its  ascent  and  descent  is  only  16 
inches.  The  avenue  on  which  the 
road  runs  is  150  feet  in  width,  and, 
being  perfectly  straight,  the  eye 
easily  traverses  its  whole  length. 
Standing  on  the  bank  of  the  Mis- 
sissippi, you  readily  see  the  vessels 
sailing  across  the  opening  at  the 
end  of  the  avenue  of  trees. — At 
the  extremity  of  the  road,  the  com- 
pany are  constructing  an  artificial 
harbor  and  breakwater. 

The  New  Orleans  Bee  of  May 
21,  says,  '  The  sale  of  the  Milne- 
burg  lots  was  closed  yesterday ; 
twenty-six  squares  were  sold  for 
8,425  dollars,  which,  to  the 
amount  already  published,  makes 
in  all  $259,247.  It  is  the  establish- 
ment of  the  port  of  Pontchartrain 
and  the  rail  road,  which  gave  so 
much  value  to  these  lots.  It  is 
said  that  the  whole  of  that  proper- 
ty, extending  about  three  leagues 
towards  lake  Borgne,  was  bought 
of  the  Spanish  government  for  105 
dollars. 

1830— 31.--LEGISLATI0N.— The 
principal  provisions  of  the  act  re- 
cently passed  by  the  Legislature 
of  Louisiana,  in  relation  to  the  in- 
troduction of  slaves,  are  as  follows  : 

Sec.  2.  Persons  emigrating  and 
actually  in  the  State,  may  introduce 
slaves  which  are  bona  fide  their 
property,  and  citizens  may  intro- 
duce slaves  for  their  own  use  :  Pro- 


vided they  were  not  purchased  in 
Mississippi,  Alabama,  Arkansas  or 
Florida. 

Sec.  3.  Persons  within  five 
days  after  arrival  of  slaves,  to  file 
entry  on  oath,  of  the  number,  sex, 
description,  &yC.,  and  to  make 
oath  not  to  sell,  hire,  exchange, 
mortgage,  or  in  any  manner  dis- 
pose of  them  during  five  years. 
Penalty  from  500  to  $1000,  and 
slaves  to  be  free.  Oath  may  be 
taken  in  any  other  State. 

Sec.  4.  No  person  mentioned  in 
second  section  permitted  to  sell, 
mortgage,  hire,  &c.,  under  same 
penalties. 

Sec.  6.  No  slaves  introduced  un  >- 
der  this  law  liable  to  be  sold  under 
execution  for  five  years. 

Sec.  8.  Allows  slaves  to  be  re- 
moved out  of  State  and  sold, 
but  to  return  only  under  provisions 
of  this  act. 

Sec.  12.  Act  not  to  apply  to 
slaves  coming  and  departing  with 
travellers,  or  those  absent  on  pas- 
sage of  act. 

Louisiana  and  the  Missis- 
sippi.— The  following  resolutions 
were  also  passed : 

'  Whereas  it  is  of  vital  im- 
portance to  the  commercial  in- 
terest, not  only  of  Louisiana,  but  of 
the  United  States,  that  the  ob- 
structions  at  the  entrance  of  the 
Mississippi  be  removed  ;  and 
whereas  the  difficulties  of  entering 
the  river  are  daily  increasing,  and 
immense  losses  have  lately  been 
sustained  in  consequence  thereof: 
^Bc  it  resolved  by  the  Senate  and 
House  of  Representatives  of  the 
State  of  Louisiana,  in  general  as- 
sembly convened,  That  the  sena- 
tors of  this  State  be  instructed,  and 
the  representatives  be  requested, 
to  represent  to  the  general  govern- 
ment the  necessity  of  deepening 
the  mouth  of  the  Mississippi,  and 


TENNESSEE. 


363 


urge  that  a  suitabre  appropriation 
for  that  purpose  be  made  with- 
out delay. 

The  finances  of  the  state  are 
set  forth  in  the  annual  message  of 
the  governor  as  follows  : 

'  Our  debt,  which  amounted, 
according  to  the  last  report  made 
to  you,  to  $130,109  3  cents,  has 
been  reduced  during  the  year  1831 
to  §77,435  50-iOO.     The  dispos- 


able fund  now  in  the  Treasury, 
amounts  to  ^67,947  34-100— to 
which  we  may  add  $70,372  93-100 
in  notes  of  which  the  payment  is 
secured,  and  which  make  a  total 
sum  of  $  1 38,320  27-100.  Our  re- 
ceipts during  the  year  1832  will 
exceed  our  expenditures  by  a  sum 
of  probably  $45,000,  and  this  sur- 
plus must  necessarily  augment 
every  year.' 


TENNESSEE. 


Legislation. — At  the  session 
of  the  General  Assembly  in  1829- 
30,  four  hundred  and  fourteen  acts, 
public  and  private,  were  passed, 
«nd  thirty-two  resolutions  adopted. 
Among  the  public  acts  were 'the 
following : 

An  act  establishing  the  rate 
<?f  damages  and  interest  upon  pro- 
tested bills  of  exchange.  The 
4ioIder  of  such  bill  is  entitled  to 
recover  for  damages  over  and 
)above*4he  principal  sura  for  which 
the  bill  was  drawn,  and  the  charges 
of  protest,  together  with  interest  on 
the  principal  sum,  damages  and 
charges  of  protest,  from  the  time  at 
which  notice  of  the  protest  was 
given,  and  payment  demanded  at 
the  following  rate  : — If  the  bill  is 
drawn  upon  any  person  in  the 
lUnited  States,  three  per  cent,  on 
the  principal  sum ;  if  upon  any. 
person  in  any  other  State  or  place 
.in  North  America  bordering  on 
the  Gulf  of  Mexico,  or  in  the  West 
-Indies,  15  per  cent  ;  if  upon  a 
persoB  in  any  other  part  of  the 
-world,  20  per  cent ;  these  damages 
<ire  in  lieu  of  interest  and  all  other 
charges  except  the  charges  of  pro- 
'test,  to  the  time  of  notice  of  the 
protest  and  demand  of  payment. 

In  the  trial  of  indictment  for  of- 
fences under  the  grade  of  petit  lar- 
ceny, where  no  peremptory  chal- 
lenges of  jurors  are  allowed  by  the 


existing  Iaws,the  State  and  the  de- 
fendant are  each  to  be  entitled  -to 
challenge  peremptorily  five  jurors. 

Slaves. — If  a  negro  slave  sdl 
any  spirituous  liquors,  without  the 
permission  of  his  master,  he  is  lia- 
ble to  receive  not  less  than  five,  or 
more  than  ten  lashes.  If  any 
slave  have  in  his  possession  spirit- 
uous liquors  at  any  other  place- 
than  his  own  house,  which  liquor 
is  owned  by  such  slave,  or  some 
other  slave,  he  is  also  liabk  to  be 
whip|)ed.  If  any  merchant,  tavern 
keeper,  or  other  person,  sell  any 
spirituous  liquor  to  a  slave  without 
a  permit  in  writing  from  the  mas- 
ter, he  is  subject  to  a  fine  of  not 
less  than  five  or  more  than  fifty 
dollars. 

Internal  Improvement. — By 
this  act  a  board  of  Internal  Im- 
provement is  established,  of  which 
the  Governor  is  to  be  ex  officio 
President,  and  $150,000  are  ap- 
propriated to  this  object. 

Among  the  private  acts  is  the 
following :  An  act  providing  that  a 
'  fiee  woman  of  color  in  the  third 
degree,'  and  who  has  been  emanci- 
pated, shall  be  'entitled  to  all  the 
privileges  of  a  free  born,  white 
citizen  of  her  sex ;'  but  then  'she 
shall  not,  by  virtue  of  the  act,  be  a 
legal  witness  against  any  white 
person,  in  any  court  whatever.' 

Among  the  resolutions  are  the 


364 


ANNUAL  REGISTER,  1830—31. 


following :  A  resolution  that  the 
President  of  the  United  States  be 
requested  to  cause  to  be  detailed 
from  the  engineer  department,  an 
officer  to  examine  into  the  most 
practicable  mode  of  removing  the 
obstructions  to  navigation  at  the 
Harpeth  Shoals,  and  that  the  sena- 
tors and  representatives  of  the  state 
be  instructed  and  requested,  to  use 
all  proper  means  to  procure  an 
appropriation  sufficient  to  secure 
an  object  so  important  to  the  future 
military  operations  of  the  country, 
and  so  desirable  to  the  western 
states. 

A  resolution  relating  to  the 
opening  of  a  communication  by  a 
canal  or  rail-road,  between  the 
waters  of  the  Tennessee  river  and 
those  falling  into  Mobile  bay. 

In  a  memorial  to  Congress  pre- 
fixed to  this  resolution,  it  is  stated 
that  the  legislature  believe  that  it 
should  be  the  policy  of  congress 
to  appropriate  such  portion  of  the 
unappropriated  funds  of  the  nation, 
from  time  to  time,  as  can  be  con- 
veniently spared  from  the  treasury, 
upon  roads  and  canals,  of  a  purely 
national  character,  where  the  same 
can  be  done  without  an  infraction 
of  the  constitution. 

A  resolution  relating  to  the  U. 
States  Bank. — *  The  senators  in 
Congress  are  instructed,  and  the 
representatives  requested  to  vote 
against  re-chartering  the  bank,  if 
any  attempt  is  made  for  that  pur- 
pose before  the  next  session  of  the 
General  Assembly.' 

A  resolution  relative  to  the  state 
Turnpike  road.  '  The  state  of 
Tennessee  has  it  in  contemplation 
to  make  a  state  road  on  the 
McAdam  plan,  from  the  Virginia 
line  to  the  Mississippi  river,  pro- 
vided she  can  obtain  the  adequate 
funds.  The  General  Assembly 
believe  that  if  the  United  States 
will  take  stock  or  make  a  donation 


to  Turnpike  companies  formed  by 
the  states,  a  national  road  can  be 
made.  They  believe  that  this  is 
the  only  manner  by  which  a 
national  road  can  be  made,  where 
aid  is  to  be  given  by  the  general 
government,  consistent  with  the 
sovereignty  of  the  states  and  the 
legitimate  power  of  the  United 
States.'  The  senators  and  repre- 
sentatives in  congress  are  there- 
fore *  requested  to  obtain  half  a 
million  of  dollars,  to  be  vested  in 
the  state  turnpike  company,  from 
the  United  States.' 

Boundary. — Governor  Carroll, 
in  his  message  to  the  legislature 
(Sept.  19,  1831,)  stated  that,  'By 
the  third  article  of  the  convention 
of  eighteen  hundred  and  twenty, 
regulating  the  boundary  between 
the  States  of  Kentucky  and  Tenn- 
essee, it  is  provided,  that  when- 
ever the  Governor  of  either  State 
shall  deem  it  expedient  to  have 
the  line  between  the  two  States 
run  and  plainly  marked,  he  shall 
cause  a  notification  thereof  to  be 
communicated  to  the  Governor  of 
the  other  state,  and  thereupon  two 
surveyors  shall  be  appointed — one 
by  the  Governor  of  each  State,  to 
ascertain,  survey,  and  plainly  mark 
what  is  known  by  the  name  of 
Walker's  line.  The  Governor  of 
Kentucky,  in  accordance  with  this 
stipulation,  notified  me  early  in 
September  last,  that  he  was  desir- 
ous to  have  the  line  run  and  mark- 
ed, adjoining  the  counties  of  Trigg, 
Simpson,  and  Allen,  and  solicited 
the  co-operation  of  this  State.  Mr. 
James  Bright  was  accordingly  ap- 
pointed the  surveyor  in  behalf  of 
Tennessee,  and  he  and  Dr.  Mun- 
sell,  of  Kentucky,  commenced  the 
duty  assigned  them  early  in  No- 
vember. On  tracing  and  marking 
the  line,  it  was  discovered  that  a 
certain  beach  tree,  near  Drake's 
creek,  the  reputed   line,   took  an 


KENTUCKY. 


365 


off-set  south  sixty-two  degrees  west 
to  a  black-jack,  on  the  road  lead- 
ing from  JNashville  to  Lexington, 
and  thence  it  took  another  off-set 
northwardly,  to  a  gum  tree,  stand- 
ing in  Walker's  original  line. 
The  surveyors  continued  the  line, 
and  found  no  other  difficulty,  till 
within  a  mile  of  Cumberland  river, 
where  it  terminated ;  but  they  ex- 
tended it  according  to  its  course  at 
its  termination  across  the  Tennes- 
see river.  On  running  a  line  due. 
north  from  where  they  struck  the 
Tennessee,  they  intersected  a  line 
said  to  have  been  run  by  Walker. 
The  citizens  west  of  Cumberland 
river,  between  those  two  lines, 
have  been  considered  as  belonging 
to  Tennessee,  and  have  always 
been  subjected  to  the  jurisdiction 
of  her  laws.  The  Legislature  of 
Kentucky,  in  acting  upon  the  sub- 
ject, admit  the  north  line,  between 
the  rivers  Cumberland  and  Ten- 
nessee, as  the  permanent  division 
line  between  the  two  States  at  this 
point ;  and  claim  their  right  to  the 
triangular  territory  on  the  road 
leading  from  Nashville  to  Lexing- 
ton. As  this  arrangement  is  in 
perfect  accordance  with  what  has 
been  hitherto  known  and  acted 
upon  as  Walker's  line  by  the 
border  settlers  of  each  State,  I  re- 
commend that  the  line  as  run  by 
Munsell  and  Bright,  and  ratified 
by  the  State  of  Kentucky,  be  re- 
cognized by  you,  as  the  true  and 
permanent  line  of  boundary  be- 
tween the  two  States.' 

He  also  stated  that  from  the 
inquiries  made  into  the  affairs  of 
the   Nashville   Bank   it  appeared 


that  many  of  its  officers  and  agents 
had  used  the  public  funds  for  their 
own  benefit.  Nearly  two  hundred 
thousand  dollars  have  been  obtain- 
ed from  the  cashier  and  clerk,  but 
it  is  to  be  feared  that  there  is  still 
a  considerable  sum  in  default. — 
When  it  shall  be  accurately  known, 
a  hope  is  entertained,  that  the 
securities  of  the  cashier  will  be 
disposed  to  settle,  in  a  manner 
satisfactory  to  the  State.  Although 
there  is  every  reason  to  apprehend 
that  a  loss  will  be  sustained  at  the 
principal  bank  in  Nashville,  yet  it 
is  believed  that  a  much  greater 
proportionable  deficiency  will  be 
found  to  exist  at  the  agencies. 
The  report  of  General  Smith  of 
the  examination  which  he  has 
made  of  the  agencies  in  West 
Tennessee,  is  now  before  me,  and 
it  exhibits  extensive  insolvencies 
on  the  part  of  the  debtors,  and 
great  inaccuracies  in  the  transac- 
tion of  the  public  business  by  most 
of  the  agents.  The  amount  due 
at  the  agencies  in  West  Tennes- 
see is  about  two  hundred  and  fifty 
thousand  dollars,  and  of  this  sum 
at  least  sixty  thousand  dollars,  and 
probably  more,  will  be  certainly 
lost.  The  gentleman  appointed  to 
examine  the  East  Tennessee 
agencies,  has  not  reported  ;  but  it 
cannot  be  otherwise,  than  that 
some  loss  will  also  have  to  be 
sustained  in  that  end  of  the  State, 
From  this  view  of  the  subject,  it 
is  palpable,  that  the  State  has 
already  incurred  a  heavy  injury, 
and  that  most  of  its  funds  are  in 
great  jeopardy. 


KENTUCKY. 

The  Legislature  which  met  De-  den  had  68  throughout,  one  ballot 

cember  6,  1830,  made  15  unsuc-  excepted.     On  the  first  ballot,  Mr. 

cessful  attempts  to  elect  a  senator  Rowan  had  20,  on  the  7th,  49,  his 

of  the  United  States.     Mr.  Critten-  highest  vote ;    on  the  first  ballot, 


me 


ANNUAL  REGISTER,  1830—31. 


Col.  R.  M.  Johnson  had  48,  and 
on  the  4th  and  5th,  64,  liis  hi<r]iest 
vote  ;  on  the  first  ballot,  Mr.  Wick- 
liffe  had  one  vote,  on  the  9th,  50, 
his  highest  vote ;  on  the  15th  and 
last  ballot,  Mr.  Crittenden  had  68 
and  Mr.  Breathit,  (a  new  candi- 
date), 65  votes.  Sixty-nine  votes 
would  have  elected  Mr.  Critten- 
den. This  gentleman,  (the  speak- 
er of  the  House  of  Representa- 
tives), did  not  vote  on  any  occa- 
sion. 

The  election  was  postponed  un- 
til the  next  session,  575  Acts  were 
passed,  most  of  them  upon  subjects 
of  local  interest,  among  them  were 
the  following  : 

Soldiers  of  the  Revolution 
— Clerks  of  the  several  Courts 
are  forbidden  to  charge  any  fees 
for  affixing  the  seal  of  office  to  the 
testimonials  of  soldiers  of  the  war 
of  the  Revolution,  respecting  ser- 
vices performed  by  them  during 
that  war. 

Billiard  Tables—The  law  author- 
izing the  licensing  of  billiard  ta- 
bles is  repealed.  All  persons  are 
forbid  to  set  up  billiard  tables,  and 
after  the  licenses  already  granted 
shall  expire,  those  heretofore  set 
up  are  to  be  suppressed.  The  pen- 
alty for  violating  the  law  is  $100, 
and  imprisonment  until  the  fine  is 
paid.  Justices  of  the  peace  are  au- 
thorized to  issue  warrants  to  search 
places  where  there  is  any  si^spi- 
cion  of  a  billiard  table  being  kept. 
Improvements — Seaters,  or  per- 
sons who  have  settled  upon  and 
improved  lands  belonging  to  the 
State,  are  entitled  to  pre-emption, 
if  they  choose  to  purchase  on  no- 
tice given. 

Guardians — Upon  information 
that  a  guardian  is  mismanaging 
the  estate  of  his  ward,  the  county 
court  shall  summon  such  guardian 
to  appear  and  settle  the  accounts 
of  his  ward,  and  they  may,  in  the 


discretion  of  the  said  court,  con- 
tinue or  remove  such  guardian. 

An  executor  is  authorised  by  an 
act  of  the  legislature,  to  convey 
lands  in  pursuance  of  an  agree- 
ment of  his  testators. 

1831. — The  corner  stone  of  a 
rail  road,  to  run  from  the  town  of 
Lexington  to  the  Ohio  river  at 
Louisville,  was  laid  at  Lexington 
on  the  22d  of  October.  An  ad- 
dress was  delivered  on  the  occa- 
sion,  by  Dr.  C.  Caldwell  of  Tran- 
sylvania University. 

The  amount  of  taxable   property  in   Ken- 
tucky is  ^103,643,038,  pay- 
ing a  tax  of  6  1-4  on   pOO, 
and  yielding  ^67,843  72 

There  is  also  a  tax  on  studs, 
1492  in  number,  amounting 
to  4,454  55 

And  a  tax  of  ;^10  each  on  334 

taverns,  amounting  to  3,440  00 


Total  tax  ;^257,38  27 

October. — Ebenezer  N.  Robert- 
son was  kdled  by  Dr.  Pierce  in 
such  an  extraordinary  manner  that 
we  have  extracted  the  following 
account  from  a  Kentucky  paper  : 
'  The  chief  incident  in  this 
tragedy  was  awfully  sudden  and 
striking.  The  county  court  was 
sitting  in  the  village  where  the 
parties  resided.  Some  business 
called  Pierce  into  court.  The 
first  object  which  fixed  his  eye, 
was  Robertson,  who  by  agreement 
had  left  the  county,  never  to  return, 
now  there,  writing  at  the  clerk's 
table.  Pierce  gazed  at  him  for  a 
moment,  in  astonishment,  then 
suddenly  turned,  and  retiring  by 
the  door,  re-appeared  presently  at 
the  window,  beneath  which  Rob- 
ertson sat,  in  presence  of  his  vic- 
tim, Pierce  fired,  and  lodged  the 
contents  in  his  brain — a  fatal  shot ! 
The  cause  of  this  act,  was  n  vio- 
lation of  his  wife's  honor  by  Rob- 
ertson. The  fact  was  notorious  ; 
not  even  denied  by  the  offender 
himself    '  Satisfaction,'  in  the  way 


OHIO. 


867 


called   'honorable,'    had  been  de- 
manded, but  not  rendered. 

Dr.  Pierce  was  required,  by  the 
judgment  of  two  magistrates,  to 
give  bail  for  his  appearance  at  the 
next  Circuit  court  in  that  county, 
to  answer  what  might  then  be  pre- 
sented against  him  in  relation  to 
this  matter.  That  court  was  in 
session  last  week,  and  Pierce  was 
in  attendance.  One  indictment 
against  him  for  murder,  and  anoth- 
er for  manslaughter,  were  laid  be- 
fore the  grand  jury.  Having  made 
such  investigations,  as  they,  under 


their  oaths,  deemed  proper,  they 
returned  both  indictments  into 
court,  with  their  finding  endorsed 
upon  each — 'not  a  true  bill;'  '  not  a 
true  bill ;'  and  whatever  opinion, 
made  upon  views  merely  technical 
might  be,  upon  the  sheer  justice 
of  the  case,  and  upon  the  diligent 
inquiry  of  the  grand  inquest  of  his 
county,  the  accused  stands  justi- 
fied— acquitted.  He  appeared  in 
the  assembly  yesterday,  and  was 
qualified  as  the  representative  of 
his  county. 


OHIO. 


Boundary. — Gov.  McArthur,  in 
his  message  to  the  Legislature  of 
Dec.  18,  1830,  observes  that  'The 
establishment  of  the  proper  north- 
ern boundary  line  of  the  State,  is 
a  subject  which  ought  to  be  urged 
upon  the  consideration  of  Congress. 
By  the  5th  Article  of  the  Ordi- 
nance of  Congress,  for  the  Gov- 
ernment of  the  Territory  of  the 
United  States,  Northwest  of  the 
river  Ohio,  passed  July  13th,  1787, 
it  will  be  seen  that  said  Territory 
was  to  be  formed  into  not  less  than 
three,  nor  more  than  five  States. 
Each  of  the  three  first  States  to 
extend  from  the  Ohio  river  to  the 
Canada  line.'  After  which  it  is 
provided  *  That  the  boundaries  of 
these  three  States  shall  be  subject 
so  far  to  be  altered,  that  if  Con- 
gress shall  hereafter  find  it  expedi- 
ent, they  shall  have  authority  to 
form  one  or  two  States  in  that  part 
of  the  said  Territory  which  lies 
north  of  an  East  and  West  line, 
drawn  through  the  southerly  bend 
or  extreme  of  Lake  Michigan.' 
By  this  it  would  seem  that  Con- 
gress had  no  express  power  to  con- 
tinue a  Territorial  Government, 
after  the  organization  of  the  first 
three  States,  which  were  to  include 
32 


the  whole  of  the  Northwestern 
Territory.  But  although  the  power 
has  been  reserved  to  Congress,  of 
altering  the  boundaries  of  the  first 
three  States,  so  as  to  form  one  or 
two  States  north  of  an  east  and 
west  line,  drawn  through  the 
southern  extreme  of  Lake  Michi- 
gan ;  it  does  not  appear  to  me  that 
it  is  either  expressed  or  implied  by 
the  language  of  the  Ordinance, 
that  Congress  in  laying  off  the 
fourth  and  fifth  States,  should  be 
bound  to  extend  them  south,  to  the 
east  and  west  line  above  mention- 
ed. On  the  30th  of  April,  1802, 
Congress  passed  an  act  to  enable 
the  people  of  the  eastern  division 
of  the  Territory  to  form  a  Constitu- 
tion and  State  Government.  The 
boundaries  of  the  proposed  new 
State  were  designated  therein : 
but  the  power  is  reserved  of  attach- 
ing thereto  all  the  territory  north 
of  its  proposed  northern  boundary, 
or  to  dispose  of  it  otherwise,  agree- 
ably to  the  Ordinance  of  1787 ; 
which  is,  that  they  may  form  one 
or  two  new  States,  in  some  part  of 
the  Territory  north  of  the  east  and 
west  line  before  referred  to.  Full 
power  is  given  to  the  people  to 
form    a    Constitution    and    Stat'e 


ANNUAL  REGISTER,  1830—31. 


Government,  under  no  other  re- 
striction than  that  it  shall  not  be 
repugnant  to  the  Ordinance  of 
1787.  On  the  29th  of  Nov.  1802, 
the  people  did  form  a  Constitu- 
tion, and  therein  designated  the 
boundaries  of  the  State,  so  as  to 
include  the  mouth  of  the  Maumee 
river  and  bay,  which  they  knew 
would  be  essential  to  the  com- 
merce of  the  State.  The  Consti- 
tution was  submitted  to  Congress, 
and  the  State  admitted  into  the 
Union  accordingly;  but  without 
any  express  recognition  of  the 
alteration  made  by  our  Convention 
in  the  northern  boundary  thereof. 

A  line  has  been  run,  under  the 
direction  of  the  Surveyor  General, 
as  I  am  informed,  purporting  to 
be  an  east  line  from  the  southerly 
extreme  of  Lake  Michigan ;  which 
excludes  from  the  State  of  Ohio 
the  mouth  of  the  Maumee  river 
and  bay ;  and  if  continued,  would 
exclude  apart  of  the  counties  of 
Cuyahoga  and  Geauga,  and  almost 
the  whole  of  Ashtabula,  from  this 
State,  and  attach  the  same  as 
effectually  to  the  Territory  of 
Michigan,  as  it  is  now  contended 
that  it  does  the  mouth  of  the  Mau- 
mee river.  I  have  no  confidence 
in  the  accuracy  of  the  line  run 
under  the  directions  of  the  Survey- 
or General.  An  east  or  west  line 
cannot  be  run  correctly  by  the 
compass.  In  high  latitudes,  be- 
sides the  usual  variation  of  the 
needle,  the  bearing  of  the  compass 
towards  the  Equator,  is  very  great. 
If  the  bearing  of  the  compass, 
either  east  or  west  from  a  given 
point,  or  station,  could  be  correct- 
^  ly  pursued,  it  would  intersect  the 
Equator  at  ninety  degrees  from 
the  said  point,  or  station,  instead 
of  running  parallel  with  the  Equa- 
tor, as  some  might  suppose.  But 
I  do  not  think  that  the  northern 
boundary  of  our  State  ought  to  be 


made  to  depend  upon  an  easterly 
line  from  the  southerly  extreme  of 
Lake  Michigan.  It  is  believed 
that  there  is  nothing  in  the  Ordi- 
nance of  1787,  which  requires  that 
it  should  be  so  bounded.  It  was 
not  the  understanding  of  the  peo- 
ple of  the  eastern  division  of  the 
Northwestern  Territory,  when  they 
entered  into  a  State  Government, 
that  their  State  was  to  be  so 
bounded ;  nor  could  such  have 
been  the  opinion  of  Congress  when 
the  States  of  Indiana  and  Illinois 
were  admitted  into  the  Union.  It 
would  operate  as  a  great  grievance, 
if  the  whole  commerce  of  the  Mau- 
mee river,  and  of  the  northwest 
quarter  of  the  State,  had  to  pass 
for  a  few  miles  at  the  mouth  of 
that  river,  through  another  State, 
and  be  subject  to  detention  and 
inspection  duties,  before  it  could 
pass  into  Lake  Erie ;  and  more 
especially,  if  the  contemplated 
Indiana  and  Ohio  Canal  should  be 
constructed,  or  the  Miami  Canal 
be  extended  to  the  Maumee  Bay. 
If  we  cannot  claim  as  a  right,  the 
northern  boundary  designated  in 
the  Constitution  of  our  State,  we 
have  a  right  to  expect  it  from  the 
liberality  of  Congress.  It  never 
could  have  been  contemplated  by 
any,  to  extend  the  northern  line 
of  the  State,  east  to  the  Pennsylva- 
nia line,  and  exclude  a  part  of  the 
Connecticut  Western  Reserve,  as 
would  be  the  case,  should  an  east 
line  from  the  southerly  extreme  of 
Lake  Michigan  be  established  as 
the  northern  boundary  of  Ohio. 
A  few  miles  of  the  mouth  of  the 
Maumee  river,  and  about  as  many 
sections  of  land,  mostly  flat  and 
swampy,  can  be  of  but  little  conse- 
quence to  the  State,  which  may 
hereafter  be  organized  north  of 
this  State;  but  to  Ohio  it  will  be 
of  much  importance.  I  cannot 
but  believe,  that  a  respectful  memo- 


OHIO. 


369 


rial  to  Congress,  representing  tlie 
true  state  of  the  case,  would  meet 
with  that  attention  and  success 
which  it  would  so  justly  merit.' 

He  also  observes  that,  'Our 
Common  Schools  have  gradually 
increased,  under  the  law  lor  their 
regulation  and  support.  From 
calculation  founded  upon  the  enu- 
meration of  children  between  the 
ages  of  lour  and  sixteen,  in  the 
Virginia  Military  District,  it  is 
believed  that  not  less  than  350,000 
children  within  the  State  re- 
ceive, or  are  entitled  to  re- 
ceive, instruction  in  these  Primary 
Schools,  Our  numerous  Acade- 
mies and  Colleges  are  in  a  flourish- 
ing condition,  and  are  all  receiv- 
ing a  gradual  accession  of  students. 
Our  Female  Academies  are  in- 
creasing ;  and  a  deeper  interest  is 
felt  throughout  the  State,  for  the 
instruction  of  this  most  interesting 
part  of  our  population/ 

FINANCES  OF  OHIO. 

The  annual  report  of  the  auditor  of  state, 
ahows  the  condition  of  the  finances. 

GENERAL   REVENUE. 

Receipts. 

Balance  in  treasury,  Novem- 
ber, 1829  ^16,623  22  7 
State  and  canal  tax  180,080  69  2 
Delinquent  lands  11,036  17  1 
Tax  on  attornies,  physicians,  &c.  2,700  07  0 
iknks  4,979  99  6 
Other  sources  968  40  9 


Printing  4,300  00 

County  and  township  taxes  10,?46  22 

Paper  3,111  60 

Wolf  scalps  2,928  50 

Distributing  arms  1,637  89 

Brigade  inspectors,  &.c.  1,784  00 

Refunding  taxes  1,495  88 

Contingent  fund  for  governor  1,388  23 

do.                auditor  1,783  37 

do.               treasurer  61  80 

Distributing  laws  and  journals  4-51  8G 

Folding  and  stitching       do.  287  25 

County  treasurers  1,085  11 
Registers  and  receivers  of  Ohio 

lands  1,125  30 

Deaf  and  dumb  asylum  500  00 

Redemption  of  land  338  15 

New  entries  from  land  offices  285  87 

Librarian's  salary  300  GO 

Courts  martial  280  25 

Books  for  library  350  GO 

Canal  fund  commissioners  150  00 

Reporter  of  supreme  court  300  00 

Reports  of  supreme  court  247  00 

Interest  on  college  fund  82  83 

Sundries  759  27 


Total  expenditures  of  1830 

^92,485  46 

Tax  list  for  1831. 

16,199,682  acres  of  land 
Other  property 

^41,564,494 
23,016,161 

;^64,580,655 

Estimated  receipts 

1831. 

Balance  in  treasury,  1830 

Tax  on  property 

Banks 

Attornies,  physicians,  &c. 

Debts  to  be  collected 

iVrrears  of  tax 

;^6,130  33 
89,154  50 
4,000  00 
1,500  00 
1,000  00 
1,000  00 

;^  102,784  89 

Estimated  expenditures. 

Support  of  government 

Penitentiary 

Balance 

^80,000  00 
10,000  00 
12,784  89 

Expenditures. 
Audited  bills  redeemed 
Appropriated  to  canal 
Interest  of  school  funds 
Deaf  and  dumb  asylum 
Balance  in  treasury,  Novem- 
ber 15. 


;^215,988  56  5 


CANAL   FUND. 


592,353  37  0 

113,956  97  6 

2,897  77  4 

500  00  0 


^215;988  56  5 
Expenses  cf  government. 
The  expenses  of  government,  for  which 
bills  were  issued  upon  the  treasury,  were 
as  follows  : 

Legislative  ;gf29,085  71 

Executive  17,626  83 

Ohio  penitentiary  10,405  50 


Receipts,  1830. 
Balance  in  treasury,  1829 
Appropriation  and  taxes 
Sale  of  lands 
6,280  44  5     Tolls  on  Miami  canal 

do.       Ohio  canal 

Sale  of  lots  donated 
School  funds  borrowed 


;^102,784.  89 


^5,705  87 
110,010  M 
79,780  67 
49,230  12 
24,336  35 

1,338 
169,460  68 

5439,892  05 


Paid  to  canal  commissioners     ,^435,603  13 
Balance  of  loans  of  1828,  and 
interest  19,877  75 


370 


ANNUAL  REGISTER,  1830—31. 


Interest  on  deposits  in  Manhat- 
tan 40,709  48 

Loan  of  1830  705,420 

Interest  on  loan  624  99 

Balance  in  bonds  of  canal  com- 
missioners, 1829  709,289  06 

;^1,91 1,424  41 

Disbursed  by  canal  commissioners. 


Sales  of  land  granted  by  congress       50,000 
Donations,  interest  on  deposits,  &c.  20,000 


Interest  on  loans 

To  contractors 

Damages 

Sundries 

Deposited  in  Manhattan 

In  western  banks 


^224,306  12 

940,7  H  76 

3,056  50 

530,07 

687,815  05 

54,971  91 


1 

Estimates  of  canal  fund  for 

Receipts. 
Tax  of  2  mills  on  the  dollar 
Tolls  and  donations 
Ohio  lands 
School  funds 

1831. 

120,000 

100,000 

50,000 

•  70,000 

^340,000 

Expenditures. 

Interest  on  loan  of  1825                   ^0,000 

do.    loans  of  '26,  '27,  '28, 

and  '30                                            240,000 

Interest  on  school  funds                      10,167 

Balance                                                69,833 

^340,000 


Loan 


Canal  debt  of  Ohio. 

Am't  borrowed. 
^400,000  I 
1,000,000  ( 
1,200,000  f 
1,200,000  .t 
600,000    i 


of  1825 
1826 
1827 
1828 
1830 


Interest. 

;g20,000 
60,000 
72,000 
72,000 
36,000 


Foreign  debt 
School  fund 


;«4,400,000 
169,460 


^260,000 
10,167 


Total  ^4,569,460        $ilO,l61 

The  school  funds  borrowed  for  the  use  of 
the  canals,  amounted,  on  the  16th  Novem- 
ber last,  to  ^169,460  68— as  follows  t 

Common  school  fund  ^82,626  31 

Virginia  military  do.  47,014  32 

U.  S.  military     do.  27,895  50 

Sales  of  salt  reserves  11,004  20 

Ohio  university  fund  920  35 

To  meet  the  interest  due  for  1831,  on 
the  canal  loans  the  following  are  the  sour- 
ces relied  on. 

Direct  tax  of  2  mills  on  a  dollar    ^121 ,516 
Canal  tolls  80,000 


Amounting  to 


^271,166 


Taxes  for  1830. 

The  gross  amount  of  tax  collected  in 
Ohio  during  1830,  is  stated  as  follows  : 
For  canal  purposes  5129,551  93 

For  state  purposes  97,163  95 

For  county  school,  and  town- 
.  ship  and  road  pufposes  350;860  33 

Sundry  items  7,500  00 


56o5,076  21 


Averaging  about  62  cents  to  every  inhab- 
itant of  the  state. 

The  amount  of  tolls  collected 
upon  the  Miami  CJanal,  from  the 
1st  day  of  November,  1830,  to  the 
1st  day  of  November,  1831,  is 
136,177  78. 

The  amount  of  tolls  collected 
upon  the  Ohio  Canalj  from  the  1st 
day  of  November,  1830,  to  the  1st 
day  of  November,  1831,  is  $63,- 
934  27  1;  making  together  the 
sum  of,  $100,112  05  I;  which, 
after  deducting  the  expenses  of 
collection,  leaves  $94,619  15  1.-^ 

The  navigation  of  the  Erie  and 
Ohio  Canal  was  opened  during  the 
year  1831  as  far  south  as  Chili- 
cothe,  a  distance  of  259  miles. 
This,  with  the  Miami  Canal,  and 
the  number  of  navigable  feeders 
connected  with  the  main  line, 
make  an  amount  of  finished  Canal, 
of  about  344  miles. 

It  is  believed  by  the  Acting 
Canal  Commissioners,  that  that 
portion  of  the  Ohio  Canal  between 
Chilicothe  and  Portsmouth,  a 
distance  of  aboutSO  miles,  together 
with  the  Granville  feeder  of  6 
miles,  will  be  completed  in  July, 
1832,  when  Ohio  will  have  of 
navigable  Canals,  four  hundred 
miles, 

1831,  New  Indian  Treaty — 
Messrs.  J.  B.  Gardiner,  special 
commissioner,  and  John  MfElyaiu, 


INDIANA. 


371 


Indian  Agent  for  this  state,  signed 
a  treaty  with  the  chiefs  and  war- 
riors of  the  Seneca  and  Shawnee 
band  of  Indians  on  the  Lewiston 
Reserve,  in  the  county  of  Logan, 
on  Wednesday  the  20th  of  July. 
Forty  thousand  acres  of  land  are 
acquired  to  the  United  States  Gov- 
ernment by  this  treaty,  and  the 
county  of  Logan  is  cleared  of 
Indian  title.  The  Indians  receive 
a  tract  of  land  of  some  greater 
extent  west  of  the  Missouri  and 
Arkansas,  together  with  some 
other  presents,  and  the  expense  of 
their  removal,  which,  it  is  expect- 
ed, the  government  will  perforin 
for  them  the  next  summer. 

In  regard  to  internal  improve- 
ments, the  cry  of  the  people  of  this 
state  is  *  onward.'  The  project  of 
a  Rail  Road  from  Sandusky  to 
Dayton  is  strongly  urged,  and  a 
meeting  was  held  at  Sandusky  on 
the  2^3d  June,  1831,  to  take  meas- 
ures to  advance  the  undertaking. 
Every  facility  is  afforded  for  the 
construction  of  this  work  by  the 
natural  make  of  the  country,  the 


whole  distance  presenting  but  a 
few  and  slight  inequalities  in  the 
surface.  The  people  have  just 
begun  to  realize  the  benefits  ol 
their  canal  system.  Between  the 
5th  of  March  and  the  26th  of  May, 
the  amount  of  property  conveyed 
through  the  Miami  canal  to  Cin- 
cinnati, was  778,342  dollars,  con- 
sisting of  the  varied  products  of 
the  rich  valley  of  the  Miami. 
Amount  of  tolls,  19,037  dollars. 
During  the  month  of  June,  there 
arrived  at  Cleaveland,  by  the  way 
of  the  Ohio  canal,  8,109,952 
pounds  of  property,  embracing  65,- 
634  bushels  of  wheat,  12,675  bbls. 
of  flour,  7,117  of  butter,  3,175  bbls. 
of  cheese,  besides  a  great  variety 
of  other  articles.  During  the  same 
month  there  passed  up  the  canal 
2,365,560  bis.  consisting  of  302 
tons  of  merchandise,  salt,  fish,  &c. 
Since  the  opening  of  the  naviga- 
tion, 90,510  bushels  of  wheat,  37,- 
231  bbls.  of  flour,  and  4,072  bbls. 
of  pork,  arrived  at  Cleaveland,  for 
an  eastern  market. 


INDIANA. 


Elections. — The  legislature  of 
this  state,  fleeted  in  August,  1830, 
consisted  51  opposition,  and  33 
in  favor  of  the  administration. 

At  the  meeting  of  the  legislature 
in  the  following  December,  some 
opposition  was  made  to  the  re-elec- 
tion of  William  Hendricks  to  the 
United  States  senate,  on  account 
of  his  uncertain  and  vacillating 
course  in  that  body.  Ratliff 
Boon  was  supported  by  the  friends 
of  the  administration,  and  the  vote 
stood  for 

1st.  2d.  3d.  4th. 
Wm.  Hendricks  31  34  40  44 
Ratliff' Boon  26      28      24      2G 

John  Law  12      11      13       9 

Charles  Dewey  9        7       3        3 

Scattering  4        3        2        0 

32* 


William  Hendricks,  having  ob- 
tained a  majority  on  the  fourth 
ballot,  was  elected. 

The  vote  for  governor  was  for 
Noble         (opposition)  22,620 

Stopp  (do.)  6,756 

Reed  (administration)  19,383 

At  the  session  of  the  legislature 
in  1830,  a  general  revision  of  the 
statute  laws  was  made,  and  is  now 
published.  The  statute  laws  are 
comprised  in  111  chapters,  on  the 
following  subjects : 

Mills. — The  owner  of  land  on  a 
stream  desirous  of  building  a  dam 
thereon,  shall  apply  to  the  circuit 
court  to  have  the  land  viewed  and 
the  damages  appraised  ;  and  sum- 
monses shall  be  issued  to  the  sever- 


372 


ANNUAL  REGISTER,  1830—31. 


al  owners  or  tenants  on  the  land,  to 
show  cause  why  the  dam  shall  not 
be  built.  If  it  appear  that  the  land 
of  any  tenant  will  be  overflowed, 
or  the  health  of  the  neighborhood 
injured,  the  court  must  refuse  per- 
mission to  build  the  dam.  On 
leave  being  granted,  the  person 
building,  on  paying  the  sum  assess- 
ed, becomes  seized  in  fee  simple 
of  the  acre  of  ground  ;  but  failing 
to  begin  to  build  the  mills  within 
a  year,  or  to  finish  it  within  three 
years,  or  to  keep  it  in  repair  for 
public  use,  the  land  reverts  to  its 
former  owner. 

Agricultural  Societies, — Any 
twenty  or  more  citizens  of  any 
county,  may  form  themselves  into 
a  society  with  corporate  powers. 
Society  cannot  hold  a  greater  a- 
mount  than  |500  worth  of  real  es- 
tate longer  than  six  months.  Mon- 
ey can  alone  be  appropriated  for 
payment  of  prizes  that  relate  to 
agricultural  and  domestic  manu- 
factures, for  publications  on  the 
same  subject,  and  contingent  ex- 
penses. 

Aliens,  whose  governments  are 
at  peace  with,  the  United  States, 


and  who  shall  have  made  declara- 
tion of,  their  intention  to  become 
citizens  according  to  the  laws  of 
the  United  States,  may  purchase, 
and  hold  real  estate. 

Arbitrations. — All  controversies 
for  which  there  shall  be  no  reme- 
dy  but  by  personal  action,  or  suits 
in  equity,  may  be  arbitrated,  and 
the  submission  made  a  rule  of  any 
court  of  record  in  the  state. 
Bonds  are  to  be  entered  intoj  con- 
ditioned for  complying  with  award. 
The  award  is  to  be  entered  of  re- 
cord, and  filed  by  the  clerk,  and 
proof  made  of  the  execution  of  the 
bond,  and  service  of  a  copy  of 
the  award,  and  a  rule  taken  on  the 
party  refusing  to  show  cause  at  the 
next  term,  why  judgment  should 
not  be  entered  thereon.  On  ten 
days'  notice  of  this  rule,  no  suffi- 
cient cause  being  shown,  judgment 
is  rendered.  Opposing  party  may 
show  that  award  was  obtained  by 
mistake,  in  matter  of  law  and  fact, 
or  by  corrupt  and  other  undue 
means.  Arbitrator  is  allowed  one 
dollar  per  day,  and  an  award  on 
nmtual  accounts  has  the  same  ef- 
fect as  a  verdict. 


ILLINOIS. 


Green  County, — The  first 
settlement  was  made  in  this  coun- 
ty in  1817 — the  first  sale  of  land 
took  place  in  1821,  and  under  the 
cash  system,  so  that  the  people 
avoided  all  the  vexation  of  spec- 
ulation which  has  embarrassed 
those  of  many  parts  of  the  western 
country.  This  county  now  con- 
tains 7,874  inhabitants,  and  has 
1,207  militia  on  the  muster-roll. 
Large  quantities  of  flour,  whiskey, 
&c.  are  manufactured  in  it,  and 
shipped  down  the  Illinois  river. 
Carrolton,  the  seat  of  justice,  has 
from  5  to  600  inhabitants,  and 
contains    a  number  of  excellent 


brick  buildings.  This  is  a  speci- 
men,though  not  a  very  remarkable 
one,  of  the  progress  of  population 
and  improvement  in  the  west. 
Indian  disturbances. — 1831. — 
The  latter  part  of  May,  Governor 
Reynolds  of  this  state  informed  the 
Indian  agent  that  he  considered  it 
necessary  to  call  out  700  of  the 
state  militia,  to  remove  the  Sac 
tribe  from  the  state.  This  tribe 
had  determined,  for  some  years 
past,  to  remain,  at  all  hazards,  on 
certain  lands,  which  had  been 
purchased  by  the  United  States, 
and  afterwards  some  of  them  sold 
to  private  individuals  by  the  gen- 


ILLINOIS. 


373 


eral  government.  They  also  de- 
termined to  drive  off  the  citizens 
from  this  disputed  territory.  In 
order  to  effect  their  object,  they 
committed  various  outrages  on  the 
persons  and  property  of  tlie  citi- 
zens of  this  state.  That  they 
might  the  more  effectually  resist  ail 
the  force  that  would  be  employed 
against  ihem,  they  treated  with 
many  other  tribes  to  combine  to- 
gether for  the  purpose  of  aiding 
them  to  continue  in  possession  of 
the  country  in  question.  These 
facts  and  circumstances  being 
known  to  the  frontier  inhabitants, 
they  became  much  alarmed,  and 
many  of  them  abandoned  their 
homes  and  habitations. 

Gen.  Gaines  at  first  declined  the 
aid  of  the  militia  offered  by  Gov- 
ernor Reynolds  ;  but  directed  the 
United  States  troops  in  that  part 
of  the  country  to  march  for  the 
protection  of  the  country,  and  also 
to  enforce  the  removal  of  the  In- 
dians, pursuant  to  the  treaty.  Sub- 
sequently ascertaining  that  other 
tribes  had  joined  the  Sacs,  a  re- 
quisition was  made  for  the  mount- 
ed volunteers,  and  on  the  25th  of 
June,  the  commanding  officer  en- 
tered the  Sac  village. 

The  appearance  of  the  mounted 
volunteers  on  the  one  side,  and  the 
regular  troops  with  two  pieces  of 
artillery  on  the  other,  aided  by  a 
steam-boat,  armed  with  a  piece  of 
artillery  and  some  musketry  and 
riflemen,  induced  these  Indi- 
ans to  abandon  the  village  pre- 
vious to  our  arrival,  and  without 
firing  a  gun.  Deserted  by  their 
allies,  this  disorderly  band  was  left 
alone  to  seek  security  in  a  speedy 
flight  to  the  right  bank  of  the  Mis- 
sissippi, where  they  were  found 
next  day,  under  the  protection  of  a 
white  flag.  They  immediately 
sued  for  peace,  whereupon  articles 
of  agreement  and  capitulation  were 


entered  into  and  signed,  and  the 
Indians  agreed  to  go  aver  the  Mis- 
sissippi. 

LEGISLATION. — At  the  session 
of  the  General  Assembly  in  1830 — 
31,137  acts  were  passed,  of  which 
119  are  public  acts.  They  are 
published  in  a  volume  containing 
117  pages.  The  treasurer's  re- 
port which  -is  attached  to  the  vol- 
ume, states  the  receipts  into  the 
treasury  for  the  two  years  ending 
November  30th,  1830.  to  be  ^84,- 
440  55. 

An  act  was  passed  directing  that 
the  estates  of  tnale  convicts,  con- 
fined in  the  penitentiary,  shall  be 
managed  by  trustees,  during  the 
term  of  confinement. 

Guardians  are  required,  by  an 
act  of  this  session,  to  cause  their 
wards  to  be  educated  ;  and  if  there 
are  no  friends,  or  the  guardians 
neglect  to  educate  them,  the  pro- 
bate court  is  to  put  them  out  to 
other  persons  for  that  purpose. 

A  general  act  was  passed  au» 
thorising  the  inhabitants  of  any 
town,  containing  not  less  than  150 
white  male  residents,  to  become 
incorporated  by  a  vote  of  two 
thirds  of  the  number  present  at  a 
town  meeting,  to  be  called  for  the 
purpose,  of  which  ten  days  notice 
shall  have  been  previously  given. 
Six  months  residence  entitles  a  per- 
son to  vote.  In  case  of  dissolu- 
tion, the  funds,  if  any,  go  into  the 
county,  treasury. 

The  number  of  the  members  of 
the  legislature  was  increased  from 
54  to  83,  and  apportioned  among 
the  counties,  according  to  the  ratio 
of  population. 

Penitentiary. — At  a  previous 
session,  the  building  of  a  peniten- 
tiary had  been  authorised,  and  the 
building  being  now  in  progress,  an 
act  was  passed  for  the  regulation 
and  government  of  this  institution. 
The  criminal  code  was  modified  so 


374 


ANNUAL  REGISTER,  1830—31. 


as  to  substitute  confinement  in  the 
penitentiary,  in  place  of  punish- 
ments heretofore  inflicted.  On 
conviction,  the  measure  of  punish- 
ment heretofore  fixed  by  tiie  court, 
is'to  be  prescribed  by  the  jury.  A 
warden  is  to  be  elected  biennially 
by  the  legislature,  who  is  to  give 
bond  for  the  faithful  performance 
of  his  duties,  and  receive  an  annual 
salary  of  $600.  The  Governor 
and  Senate  appoint  four  inspec- 
tors every  two  years,  who,  together 
with  the  warden,  constitute  a  board 
of  inspectors,  to  whom  the  general 
supervision  of  the  penitentiary  is 
entrusted.  Persons  under  eighteen 
years  of  age  are  not  to  be  confined 
in  the  penitentiary. 

The  Governor   is  authorised  to 


subscribe  for  150  copies  of  the  Re- 
ports of  the  Supreme  Court  of  Il- 
linois, which  are  about  to  be  pub- 
lished. 

The  compensation  to  the  mem- 
bers and  officers  of  the  legislature 
for  this  session  was  as  follows  : — 

'  To  the  speakers  of  the  Senate 
and  House  of  Representatives, 
each  $5  00  per  day  ;  to  the  member 
of  the  Senate  and  House  of  Rep- 
resentatives, each  ^S  00  per  day, 
for  each  day  of  the  session,  and 
$3  00  for  every  twenty  miles  travel 
in  going  to  and  returning  from  the 
seat  of  government.  To  the  sec- 
retary of  the  Senate,  and  principal 
clerk  of  the  House,  $5  00  per  day  ; 
to  the  enrolling  clerks,  $4  00  per 
day. 


MISSOURI. 


Internal  improvement. — The 
Legislature  of  this  state,  at  the  ses- 
sion of  1830,  sanctioned  a  memo- 
rial, declaring  it  to  be  the  duty  of 
the  Federal  Government  to  con- 
struct works  of  interna!  improve- 
ment, and  praying  for  an  appropri- 
ation for  the  removal  of  the  ob- 
structions in  the  Mississippi  and 
Missouri  rivers,  and  for  the  contin- 
uation of  the  Cumberland  road. 

3Iat/,  1831.— Our  rivers. — The 
following  paragraph,  from  the  St. 
Louis  Beacon,  is  highly  indicative 
of  that  spirit  of  enterprise  and  har- 
dihood for  which  our  fellow  citizens 
of  the  west  are  justly  renowned  : 

*  A  new  and  handsome  steam- 
boat, belonging  to  the  Ameriijan 
fur  company,  arrived  in  this  port 
v)n  Sunday  last,  and  proceeds  to- 
day, it  is  understood,  for  the  mouth 


of  the  Yellow  Stone,  where  is  situ- 
ated the  highest  trading  establish- 
ment on  the  Missouri.  This  point 
is  about  nineteen  hundred  miles 
above  St.  Louis  ;  not  more  than 
six  hundred  miles  by  water,  and  a 
much  less  distance  by  land  from 
the  base  of  the  Rocky  mountains. 
No  steam-boat,  we  believe,  has  yet 
passed  Council  Bluffs,  situated  one 
third  of  the  way  between  St.  Louis 
and  the  mouth  of  the  Yellow 
Stone.  Should  the  company  suc- 
ceed in  reaching  this  point  with 
their  boat,  we  have  good  reasons 
for  believing  that  success  will  re- 
pay them,  and  v/e  shall  have  the 
pleasure  of  beholding  what,  it  was 
thought  the  other  day,  was  reserved 
for  the  next  generation.' 

St.  Louis,  the  starting  place,  is 
about  1,168  miles  from  the  sea. 


(375) 


CENSUS  OF  1830. 


Returns,  showing  the  aggregate  population  of  each  County  in  each 
State  of  the  United  States. 


I 


STATE  OF  MAINE. 

COUNTY. 

AGGREGATE. 

SLAVES. 

FHKE. 

York,  ..... 

51,722 

51,722 

Cumberland,   - 

60,102 

. 

60,102 

Lincoln,      .        .         .        - 

57,183 

- 

57,183 

Kennebec,      .... 

52,484 

*2 

■      52,482 

Oxford,       .... 

35,211 

H 

35,207 

Waldo,  ..... 

2*^,788 

. 

29,788 

Somerset,   -        -        - 

35,787 

. 

35,787 

Penobscot,      .... 

31,530 

. 

31,530 

Hancock,    -        -        - 

24,33C 

. 

24,336 

Washington,  -        .        -        - 

21,294 

- 

21,294 

Total  of  Maine,    - 

399,437 

6 

399,431 

STATE  OF  NEW  HAMPSHIRE. 


COUNTY. 


Rockingham, 
Strafford, 
Merrimack, 
Hillsborough, 
Cheshire,    - 
Sullivan, 
Grafton, 
Coos,     - 


Total  of  New  Hampshire, 


AGGREGATE. 


44,325 
58,910 
34,614 
37,724 
27,016 
19,669 
38,682 
8,388 


269,328 


SLAVES. 


FREE. 


44,322 
58,910 
34,614 
37,7^4 
27.016 
19^669 
38,682 


269,323 


*  This  is  an  error  in  the  Marshal's  return. 
New-Hampshire. 


There  are  no  slaves  in  Maine,  or 


376 


ANNUAL  REGISTER,  1833—31. 
STATE  OF  MASSACHUSETTS. 


COUNTY, 

AGGREGATE. 

SLAVES. 

FREE. 

Suffolk,        ...          - 

62,163 

. 

62,163 

Nantucket,     -        -        -         . 

7,202 

- 

7,202 

Plymouth,  -        -        -         . 

43,044 

. 

43,044 

Hampshire,    -        -         ..         - 

30,254 

*  2 

30,252 

Bristol,        .... 

49,592 

. 

49,592 

^HddJesex,      .... 

77,961 

- 

77,961 

Norfolk,      .... 

41,872 

. 

41,972 

Barnstake,     .... 

2S,514 

. 

28,514 

Worcester,  .... 

84,355 

*  1 

84,354 

Hampden,      -        -  v      - 

31,639 

- 

31,639 

Franklin,    .... 

29,501 

- 

29,501 

Dukes, 

3,517 

- 

3,517 

Berkshire,  .... 

37,835 

. 

37,835 

Essex, 

82,859 

*  1 

82,858 

Total  of  Massachusetts, 

610,408 

4 

610,404 

STATE  OF  RHODE  ISLAND. 


COUNTY- 

AGGREGATE. 

SLAVES. 

FREE. 

Providence, 

Newport,        .... 

Washington, 

Kent,     ,        .        ,        ♦        , 

Bristol,        .... 

47,018 
16,535 
15,411 
12,789 
5,446 

4 

6 
3 

1 

47,014 
16,529 
15,408 

12,789 
5,445 

Total  of  Rhode  Island, 

97,199 

14 

97,185 

STATE  OF  CONNECTICUT. 


COUNTY. 

AGGREGATE. 

SLAVES. 

FREE. 

Hartford,    -        -        -        - 

New  Haven,  .... 

Nev?  London,      - 

Fairfield,         .        .        -        - 

Windham,  -         .         -         - 

Litchfield,    -  -         -         -         . 

Middlesex, 

Tolland,         .... 

51,131 
43,847 
42,201 
47,010 

27,082 
42,858 
24,844 
18,702 

1 

9 
2 

8 

2 
2 

1 

51,130 

43,838 
42,199 
47,002 

27,082 
42.856 
24,842 
18,701 

Total  of  Connecticut, 

297,675 

25 

297,650 

Error  in  return.     There  are  no  slaves  in  Massachusetts. 


CENSUS. 
STATE  OF  VERMONT. 


37^ 


COUNTY. 

AGGREGATE. 

SLAVES. 

FREE. 

Franklin,    -        -        -        - 

24,525 

24,5© 

Orleans,          .... 

13,980 

13,980 

Washington, 

21,378 

21,378 

Orange,          .... 

27,285 

27,285 

Essex,         .... 

3,981 

3,981 

Rutland,         .... 

31,294 

31,294 

Windharn, 

28,746 

28,748 

Cheltenden,   .... 

21,765 

21,765 

Grand  Isle, 

3,696 

3,696 

Bennington,  .... 

17,468 

17,468 

Addison,     .... 

24,940 

24,940 

Windsor,        .... 

40,625 

40,625 

Caledonia,  -        -        -        - 

20,967 

20,967 

Total  of  Vermont,       - 

280,657 

- 

280,657 

STATE  OF  NEW  YORK. 


COUNTY. 

AGGREGATE. 

SLAVES. 

FREE. 

New  York  city  and  county, 

202,589 

17 

202,572 

Putnam,         .... 

12,628 

4 

12,624 

Rockland,  .... 

9,388 

9,388 

SufFolk,          .... 

26,780 

26,780 

Sullivan,    .... 

12,364 

12,364 

Green, 

29,528 

29,525 

Westchester,       - 

36,456 

36,456 

Kings, 

20,535 

7,082 

20,535 

Richmond,  -        -        .        - 

im 

Ulster,  (inclusive  of  poor  house 

at  New  Paltz,)     - 

36,550 

36,556 

Columbia,  -        -         -         - 

39,907 

39,907 

Orange,          .... 

45,366 

45,366 

Queens,      .... 

22,460 

22,460 

Dutches,         .... 

50.926 

50,926 

Alleghany, 

26,276 

26,276 

Albany,           .... 

53,520 

*2 

53,518 

Broome,      .... 

17,579 

17,579 

Cattaraugus,  .... 

16,724 

16,724 

Clinton,      .... 

16,344 

19,344 

Courtlandt,     .... 

23,791 

23,791 

Cayuga,      -        .         .         • 

47,948 

47,948 

Chenango,      .... 

37,238 

*3 

37,235 

Chautauque, 

34,671 

34,671 

Delaware,       .... 

33,024 

33,024 

Essex,         .... 

19,287 

19,287 

EriQ, 

35,719 

35,719 

Franklin,    -        -        .        . 

11,312 

11,312 

Genesee,         .... 

52.147 

52,147 

Herkimer,  .... 

35,870 

35,870 

Hamilton,      .         .        .        . 

1,325 

1,325 

378 


ANNUAL  REGISTER,  1830—31. 


STATE  OF  NEW  YORK— Continued. 


COUNTY. 

AGGREGATE. 

SLAVES. 

FREE. 

Jefferson,    .... 

48,493 

48,493 

Lewis, 

15,239 

15,239 

Jiivingston, 

27,729 

27,729 

Madison,         .... 

39,038 

39,038 

Monroe,      -        .        -        - 

49,855 

49,855 

Montgomery, 

43,715 

26 

43,689 

Niagara,          .... 

18,482 

18,482 

Orleans.      .         .         .         - 

37,732 

17,732 

Ontario,          .... 

40,288 

40,288 

Oswego,      .... 

27,119 

28,119 

Otsego, 

Oneida.       .        -        -        - 

51,372 

51,372 

71,326 

15 

71 ,311 

Onondaga,      .        .        -        - 

58,973 

58,973 

Rensselaer, 

49,424 

49,424 

Schoharie.      .         .         -         - 

27,902 

27,902 

Schenectad}', 

12,347 

12,347 

Saratoga,.        .... 

38,679 

38,679 

St.  Lawrence,     - 

36,354 

36,354 

Steuben,         .... 

33,851 

33,851 

Seneca,       .... 

21,041 

21,041 

Tioga, 

27,690 

27,690 

Tompkins, 

30,545 

30,545 

Wayne,           .... 

33,643 

33,643 

Washington, 

42,635 

8 

42,627 

Warren,          .        -        -        - 

11,796 

11.7^6 

Yates,         .... 

19,009 

19,009 

Total  of  New  York,    - 

1,918,608 

76 

1,918,532 

STATE  OF  NEW  JERSEY. 


COUNTY. 

AGGREGATE. 

SLAVES. 

FREE. 

Bergen,       .... 

22,412 

584 

21,828 

Essex, 

41,911 

218 

41 ,693 

Morris,        .... 

23,666 

164 

23,502 

Sussex,           .        -        -        . 

20,346 

51 

20,295 

Warren,      .... 

18,627 

47 

18,580 

Somerset,       -        -        -        - 

17,689 

448 

17.241 

Middlesex, 

23,157 

309 

22.806 

Hunterdon,    -        -        -        . 

31,060 

172 

30,888 

Burlington, 

31,107 

23 

31,084 

Monmouth,    -         -        .        . 

29.233 

227 

29,006 

Gloucester, 

28,430 

4 

28,427 

Cape  May,     .... 

4,936 

3 

4,933 

Salem,        .         .         -         . 

14,155 

1 

14,154 

Cumberland, 

14,093 

2 

14,091 

Total  of  New  Jersey, 

320,823 

2,254 

318,569 

CENSUS. 
STATE  OF  PENNSYLVANIA. 


379 


COUNTY. 

AGGREGATE. 

SLAVES. 

FREE. 

Adams,       .        .        .        - 

21,379 

45 

21,334 

Berks, 

53,152 

7 

53,145 

Bucks,        -        .        -        - 

45,745 

6 

45,739 

Chester,          .... 

50,910 

6 

50,904 

Cumberland,       ... 

29,226 

7 

29,219 

Dauphin,        -        -        -        . 

25,243 

18 

25,225 

Delaware,  -        - 

17,323 

3 

17,320 

Franklin,        .... 

35,037 

11 

35,026 

Lancaster,           -        .        - 

76,631 

55 

76,576 

Lehigh,           .... 

22,256 

2 

22,254 

Lebanon,    .... 

20,557 

5 

20,552 

Montgomery,          ... 

39,406 

1 

39,405 

Northampton,     ... 

39,482 

. 

39,482 

Perry, 

14,261 

4 

14,257 

Philadelphia  city  and  county, 

188,797 

20 

188,777 

Pike,  

4,843 

1 

4,842 

Schuylkill,     .... 

20,744 

- 

20,744 

Wayne,      .... 
York, 

7,663 

. 

7,663 

42,859 

28 

42,831 

Alleghany  and  city  of  Pittsburg, 

50,552 

27 

50,525 

Somerset,   .... 

17,762 

2 

17,760 

M'Kean,        .... 

1,439 

. 

1,439 

Potter,        .... 

1,265 

. 

1,265 

Jefferson,       .        .        -        - 

2,025 

1 

2,024 

Cambria,    .... 

7,076 

. 

7,076 

Clearfield,      .... 

4,803 

. 

4,803 

Crawford,  .... 

16,030 

. 

16,030 

Mercer,          .        .        . 

19,729 

6 

19,723 

Union,        .... 

20,795 

2 

20,793 

Venango,       .... 

8,470 

3 

9,467 

Westmoreland,  . 

38,400 

1 

38,399 

Warren,          .... 

4,697 

. 

4,697 

Columbia,           ... 

20,059 

- 

20,059 

Beaver,           .... 

24,183 

. 

24,183 

Centre,       .... 

18,879 

. 

18,879 

Susquehannah, 

16,787 

. 

16,787 

Fayette,     ...        - 

29,172 

99 

29,073 

Green, 

J  8,028 

2 

18,026 

Butler,        .... 

14,581 

4 

14,577 

Northumberland,   .        -        - 

18,133 

. 

18,133 

Erie,  ..... 

17,041 

1 

17,040';. 

Mifflin, 

21,690 

. 

21,690"^ 

Tioga,         .... 

8,978 

. 

8,978 

Washington,          ... 
Bradford,    .... 

42,784 

1 

42,783 

19,746 

13 

19,733 

Armstrong,    .... 

17,701 

. 

17,701 

Luzern,      .... 

27,379 

. 

27,379 

Indiana,          .... 

14,252 

11 

14,241 

Huntingdon,       ... 
Bedford,         .... 

27,145 

8 

27,137 

24,502 

1 

24,501 

Lycoming,          ... 

17,636 

- 

17,636 

Total  of  Pennsylvania, 

1,348,233 

403 

1,347,830 

33 


380 


ANNUAL  REGISTER  1830—31. 
STATE  OF  DELAWARE. 


COUNTY. 

AGGREGATE. 

SLAVES. 

FREE. 

Newcastle, 

Kent, 

Sussex,      -        .        -        - 

29,720 
19,913 
27,115 

786 

588 

1,918 

28.934 
19,32^' 
25,19: 

Total  of  Delaware,      - 

76,748 

3,292 

73,45e 

STATE  OF  MARYLAND. 


COUNTY. 


Alleghany, 

Anne  Arundel, 

Baltimore,  and  city 

Calvert, 

Caroline,    - 

Cecil,    - 

Charles, 

Dorchester,    - 

Frederick,  - 

Harford, 

Kent, 

Montgomery, 

Prince  George's, 

Queen  Anne's, 

Saint  Mary's, 

Somerset, 

Talbot, 

Washington, 

Worcester, 


Total  of  Maryland, 


AGGREGATE. 

SLAVES. 

FREE. 

10,609 

818 

9,791 

28,295 

10,347 

17,948 

120,870 

10,653 

110,227 

8,900 

3,899 

5,001 

9,070 

1,177 

7,893 

15,432 

1,705 

13,72? 

17,769 

10,129 

7,64(» 

18,686 

5,001 

13,685 

45,789  . 

6,370 

39,4iy 

16,319 

2,947 

13,.372 

10,501 

3,191 

7,310 

19,816 

6,447 

13,36S^ 

20,474 

11,584 

S,890 

14,397 

4,872 

9,52f 

13,459 

6,183 

7,27L 

20,166 

6,547 

13,619 

12,947 

4,17a 

8,774 

25,268 

2,909 

22,35P 

18,273 

4,032 

14,241 

447,040 

102,994 

344,046 

CENSUS. 
STATE  OF  VIRGINIA. 


381 


COUNTY. 

AGGREGATE. 

FREE. 

SLAVES. 

Madison,    .        -^        -        - 

9,236 

4,360 

4,870 

GreenBville,  -        -        -        - 

7,117 

2,436 

4,681 

Pfince  William, 

9,330 

5,488 

3,842 

Nelson,           .... 

11,254 

5,308 

5,946 

Matthews, 

7,664 

4,183 

3,481 

Middlesex,     -        -        -        - 

4,122 

1,984 

2,138 

Elizabeth  city,    - 

5,053 

2,835 

2,218 

Charlotte,       .... 

15,252 

5,829 

9,433 

Southampton,     - 

16,074 

8,318 

7,756 

Oi-ange,           .         -        .        . 

14,637 

6,654 

7,983 

Dinwiddle,    including  town  of 

Petersburg,      .        -        - 

21,901 

11,545 

10,356 

Chesterfield, 

18,637 

8,300 

10,337 

Lunenburg,         ... 

11,957 

4,724 

7,2:^'^ 

Stafford,         .... 

9,302 

5,198 

4,164 

Spottsylvania,  including  town  of 
Fredericksburg, 

15,134 

7,081 

8,053 

Northampton,         ... 

8,641 

4,907 

3,734 

Patrick,       .        -        -        - 

7,395 

5,613 

1,782 

Henry,            .... 

7,100 

4,232 

2,868 

Nottaway,  .... 

10,130 

3,188 

6,942 

Brunswick,    -        .        -        - 

15,767 

6,011 

9,758 

Henrico,  including  city  of  Rich- 

mond,     .... 

28,797 

16,518 

12,279 

Fluvanna,       .... 

8,221 

4,426 

3,795 

Sussex,       .... 

12,720 

4,984 

7,736 

Prince  George, 

8,367 

3,769 

4,598 

King  William,    -     .    - 

9,812 

3,502 

6,310 

Prince  Edward,      ... 

14,107 

5,514 

8,593 

Amelia,       .... 

11,036 

3.513 

7,523 

;iurrv,    -        - 
Northumberland, 

7,109 

3,831 

3,376 

7,953 

4,596 

3,357 

Fairfax,          .        -       .        - 

9.204 

5,203 

4,001 

King  and  Queen, 

1 1 ,644 

5.130 

6,514 

Pittsylvania, 

2r>,034 

15,035 

10,999 

Vork,          .... 

5,354 

2,756 

2,598 

Louisa,           .... 

16,151 

6,760 

9,382 

King  George,     - 

6,397 

2,762 

3,635 

Richmond,     - 

6,055 

3,425 

2,630 

Charles  city,       ... 

5,500 

2,543 

2,957 

Bedford,         .... 

2'),246 

11,464 

8,782 

Hanover,    .        .        -        - 

16,253 

6,975 

9.278 

Princess  Ann, 

9,102 

5,368 

3,734 

Lancaster, 

4,801 

2,169 

2,632 

Campbell,    including    town  of 

Lynchburg,     - 

20,350 

10,854 

9,496 

Fauquier,        .... 

26,086 

13,563 

12,523 

Amherst,    .... 

12,071 

6,146 

5,925 

James  city,     .        ,        -        - 

3,838 

1,855 

1,983 

New  Kent, 

6,458 

2,928 

3,530 

Norfolk  borough,    - 

9,814 

5,058 

3,756 

Franklin,    .... 

14,911 

9,923 

4,988 

vVestmoreland, 

8,396 

4,547 

4,839 

Goochland, 

10,369 

4,653 

3,716 

Cumberland, 

11,690 

4,381 

7,309 

Isle  of  White,     - 

10,517 

6,245 

4,272 

Accomack,     .        .        .        - 

16,656 

12,002 

4,654 

Halifax,      .... 

28,034 

13,500 

14,528 

382 


ANNUAL  REGISTER,  1830—31. 


STATE  OF  VIRGINIA.— Continued. 


._ 

COUNTY.                              AGGREGATE. 

FREE. 

SLAVES. 

Loudon, 

21,939 

16,576 

5,363 

Essex, 

10,521 

4,114 

6,407 

Gloucester,    - 

10,608 

4,917 

5,691 

Nasemond, 

-        -        -                        11,784 

6,841 

4,943 

Powhatan, 

8,517 

3,045 

5,472 

Buckingham, 

18,351 

7,421 

10,929 

Mecklenburg, 

-        .        -                     20,477 

8,360 

12,117 

Culpepper, 

24,027 

12,610 

11,417 

Warwick, 

1,570 

660 

910 

Caroline,    - 

17,760 

7,019 

10,741 

Albemarle,     - 

22,618 

9,939 

11,679 

Norfolk,      - 

-        -        .                         14,992 

9,154 

5,838 

North  Augusta 

,      -        -        -                       9,143 

7,466 

1,677 

South  Augusta 

,  -        -        -                        10,783 

8,195 

2,588 

Alleghany,     - 
Brooke,       - 

2,816 

2,245 

571 

7,041 

6,813 

228 

Bath, 

4,002 

2,862 

1,140 

Berkely, 

-        .        .                     10,518 

8,599 

1,919 

Botetourt,   - 

-        .        -                        16,354 

12,184 

4,170 

Cabell,   -        - 

5,884 

5,323 

561 

East  Frederick 

-        .        .                        14,100 

8,768 

5,332 

West  Frederick 

,     -        .        -                     11,946 

9,858 

2,088 

Greenbriar, 

.        .        .                          9,006 

7,847 

1,159 

Giles,     -        - 

.        .        .                       5,274 

4,809 

465 

Grayson,     - 

7,675 

7,213 

462 

East  Harrison, 

.        .        .          .           10,133 

9,507 

626 

West  Harrison, 

-        .        .                          4,589 

4,444 

145 

Hampshire,    - 

-        -        -                     11,279 

9,949 

1,330 

Hardy,        - 

6,798 

5,631 

1,16? 

Jefferson, 

-        -        .                     12,927 

8,928 

3,999 

Kenawha,  - 

-        .        .                          9,326 

7,609 

1,717 

Lewis,    - 

6,241 

6,079 

162 

Logan, 

3,680 

3,517 

163 

Lee,       -        . 

6,461 

5,849 

612 

East'Monongal 

a,        -        -                           6,688 

6,455 

233 

West  Mononga 

lia,          .        -                      7,368 

7,239 

120 

Monroe, 

-        -        -                        7,798 

7,116 

682 

Montgomery, 

-        -        -                        12,306 

10,280 

8,026 

Morgan, 

-        -        .                      2,694 

2,541 

153 

Mason, 

6,534 

5,821 

713 

Nicholas, 

-        -        -                       3,346 

3,225 

121 

Ohio, 

15,584 

15,224 

360 

Preston, 

5,144 

5,015 

129 

Pendleton, 

6,271 

5,775 

496 

Pocahontas, 

-        -        .                      2,542 

2,315 

227 

Randolph, 

5,000 

4,741 

259 

Russell, 

-        -        .    .                  6,714 

6,035 

679 

Rockingham 

-        -        .                        20,683 

18,362 

2,321 

Rockbridge,    - 

14,244 

10,846 

3,39a 

Scott, 

5,724 

5,394 

330 

East  Shenandoj 

ih,  -        -        .                      8,327 

7,335 

992 

West  Shenand< 

)ah,     -        -                         11,423 

9,992 

1,431 

Tyler,    -        - 

-        .        -                       4,104 

3,996 

108 

Tazewell,    - 

5,749 

4,929 

820 

Washington, 

15,614 

13,046 

2,568 

Wythe,       - 

12,163 

10,069 

2,094 

Wood,    - 

-        -        -                       6,429 

5,552 

877 

total  of 

Virginia,     -                   1,211,405 

741,648 

469,757 

CENSUS. 
STATE  OF  NORTH  CAROLINA. 


COUNTY. 

AGGREGATE. 

FREE. 

SLAVES. 

Ashe,          .        -        -        - 

6,987 

6,495 

492 

Anson,           -        •        -        - 

14,095 

9,317 

4,778 

Burke,        .        -        -        - 

17,888 

14,262 

3,626 

Bumcombe,    .        -        -         - 

16,281 

14,615 

1,666 

Brunswick, 

6,516 

3,409 

3,107 

Bertie, 

12,262 

5,465 

6,797 

Beaufort,    .... 

10,969 

6,804 

4,165 

Bladen,           .... 

7,811 

4,689 

3,122 

Craven,      .... 

13,734 

7,605 

6,129 

Cabarras,        -        .        .        - 

8,810 

6,552 

2,258 

Currituck, 

7,655 

5,467 

2,188 

Caswell,         .... 

15,185 

8,751 

6,434 

Chowan,     .... 

6,697 

2,929 

3,768 

Camden,         .... 

6,733 

4,708 

2,025 

Chatham,   .... 

15,405 

K),349 

5056 

Columbus,      .... 

4,141 

3,062 

1,079 

Cumberland, 

14,834 

9,777 

5,057 

Carteret,         -        - 

6,597 

5,004 

1,593 

Duplin,       .... 

11,291 

6,857 

4,434 

Davidson,       .... 

13,389 

11,471 

1,918 

Edgecombe, 

14,935 

7,860 

7,075 

Franklin,        -        - 

10,665 

5,705 

4,960 

Granville,  .... 

19,355 

-   10,189 

9,166 

Gates,    .        -        -        -        - 

7.866 

5,218 

3,648 

Guilford,    .... 

18,737 

16,143 

2,594 

Greene,          .        -        .         - 

6,413 

3,541 

2,872 

Hyde,          .... 

6,1«4 

4,241 

1,943 

Halifax,          .... 

17,739 

'  7,949 

9,79^0 

Haywood,  .... 

4,578 

-      4,^7 

"^91 

Hertford,        .... 

8,537 

-  4,827 

'3,710 

Iredell,        .... 

14,918 

11,236 

3,682 

Johnston,        ...        - 

10,938 

7,299 

3,639 

Jones,          .... 

5,608 

2,533 

3,075 

Lincoln,         .        .        .        - 

22,455 

17,573 

4,882 

Lenoir,        .        .        -        - 

7,723 

3,804 

3,919 

Mecklenburg, 

20,073 

12,927 

7,146 

Martin,       .        .        .        . 

8,539 

5,260 

3,27^) 

Moore,            .... 

7,745 

6,072 

1,073 

Macon,       .... 

5,333 

4,875 

458 

Montgomery,          ... 

10,919 

8,624 

2,295 

Northampton,     - 

13,391 

6,149 

7,242 

New  Hanover, 

10,959 

5,343 

5.616 

Nash,          .        -        -        - 

8,490 

4,784 

3,^06 

Onslow,          .... 

7,814 

4,670 

:i,]-44 

Orange,      .... 

23,908 

16,535 

7,373 

Person,           .... 

10,027 

5,593 

4,432 

Pitt, 

12,093 

6,728 

5,3G5 

Perquimons,   -        .        .        - 

7,419 

4,670 

2,749 

Pasquotank, 

8,641 

6,;j20 

2,621 

Richmond,      .... 

9,396 

•''j,884. 

3,512 

Robeson,     .        •.         -        . 

9,433 

6,934 

2,45)9 

Rockingham,          .... 

12,935 

8,(539 

4,296 

Rowan,       ..... 

20,786 

14,597 

6,189 

Rutherford,    .... 

17,557 

14,169 

3,338 

Randolph,  .... 

12,406 

10,944 

1,462 

Surry,    ...... 

14,504 

12,559 

1,945 

Sampson,    - 

11,634 

7,750 

3,884 

33' 


384  ANNUAL  REGISTER,  1830-31. 

STATE  OF  NORTH  CAROLINA.— Continued. 


COUNTY. 

AGGREGATE. 

FREE. 

SLAVES. 

Stokes, 

Tyrrell,       .... 
Wilkes,          .... 
Wake,         .... 
Wayne,          .        .        -        - 
Washington,       -        .        - 
Warren,          .... 

16,196 
4,732 

11,968 

20,398 

10,331 

4,5.52 

11,877 

13,355 
3,341 
10,476 
12,289 
6,814 
2,840 
4,550 

2,841 
1,391 
1,492 
8,109 
3,517 
1,712 
7,327 

Total  of  North  Carolina, 

737,987 

492,386 

245,601 

STATE  OF  SOUTH  CAROLINA. 


COUNTY  OR  DISTRICT. 

AGGREGATE. 

FREE. 

SLAVES. 

Charleston  City, 

30,289 

14,935 

15,534 

Charleston  Neck,  . 

10,054 

4,135 

5,919 

St.  Andrew's  Parish, 

3,727 

292 

3,435 

St.  John's,  Colleton, 

10,045 

665 

9,380 

St.  James',  Goose  Creek,   - 

8,632 

1,849 

6,783 

St.  John's,  Berkley, 

10^65 

896 

10.069 

St.  Stephen's,     . 

2,416 

602 

i;8i4 

Christ  Church,       . 

3,412 

529 

2,883 

St.  James,  Santee, 

3,743 

315 

3,428 

St.  Thomas  and  St.  Dennis, 

3,055 

218 

2,837 

Georgetown  District,     - 

19,943 

2,145 

17,798 

Williamsburg  District, 

9,018 

2,855 

6,163 

Horry  District,       - 

5,245 

3,531 

1,714 

St.  Peter's  Parish, 

9,783 

2,317 

7,466 

St.  Helena,    .        .        -        - 

8,788 

1,098 

7,690 

St.  Luke's, 

9,422 

1,124 

8,298 

Prince  William's,  - 

9,039 

1,632 

7,407 

Abbeville  District,      - 

28,149 

15,043 

13,106 

Barnwell       do               -        - 

19,236 

10,739 

8,497 

Laurens         do            -        - 

20,263 

13,620 

7,243 

Chester         do       -        -        - 

17,182 

10,040 

7,142 

Fairfield        do 

21,546 

9,800 

11,746 

Marion          do       -        r        - 

11,008 

7;382 

3,826 

Sumpter        do            -        - 

28,277 

9,556 

18,721 

Edgefield      do      -        -        - 

30,509 

15,160 

15,349 

-Chesterfield  do            .        - 

8,472 

5,480 

2,992 

Greenville     do       - 

16,476 

11,412 

5.064 

Orangeburg  do           -        . 

18^53 

7,522 

10,931 

Lancaster     do       .        -        - 

10,361 

6,238 

4,123 

Anderson      do            «        • 

17,169 

12,742 

4,427 

Darlington    do       -        -        - 

13,728 

6,815 

6,913 

Pickens         do 

14,473 

11,607 

2,866 

York             do       -        -        - 

17,790 

11,157 

6,633 

Kershaw       do            -        - 

13,545 

5,212 

8,333 

Marlboro'      do       -        -        • 

8,582 

4,249 

4,333 

Newberry     do           -        - 

17,441 

9,125 

8,316 

Union          jdo      -       -       - 

17,906 

10,741 

7,165 

CENSUS. 
STATE  OF  SOUTH  CAROLINA—Continued. 


385 


COUNTY  OR  DISTRICT. 

AGGREGATE. 

FREE. 

SLAVES. 

Spartanburg  do 
Lexington     do       - 
Town  of  Columbia,     - 
Richland  District, 
Colleton        do 

21,150 

9,065 

3,310 

11,462 

27,256 

16,223 
5,275 
1,807 
3,929 
5,772 

4,927 
3,790 
1,503 
7,533 
21,484 

Total  of  South  Carolina, 

581,185 

265,784 

315,401 

STATE  OF  GEORGIA. 


COUNTY. 


AGGREGATE. 


SLAVES, 


Appling       - 

Baker     - 

Baldwin 

Bibb       - 

Bryan 

Bullock  - 

Burke 

Butts      - 

Camden 

Campbell 

Carroll 

Chatham 

Clarke 

Columbia 
Coweta 

Crawford 
Decatur 
De  Calb 
Dooly  r 

Early      - 
Effingham  - 
Elbert    - 
Emanuel     - 
Fayette  - 
Franklin     - 
Glynn    - 
Greene        r 
Gwinnett 
Habersham 
Hall        - 
Hancock     - 
Harris    - 
Henry 
Houston 
Irwin 
Jackson 
Jasper 
Jefferson 
Jones 
Laurens 
Lee     - 


1,468 
1,253 
7,295 
7,154 
3,139 
2,587 
11,833 
4,944 
4,578 
3,323 
3,419 
14,127 
10,176 
12,606 
5,003 
6,.313 
3.854 
10,042 
2,135 
2,051 
2,924 
12,354 
2,673 
5,504 
10,107 
4,567 
12,549 
13,289 
10,671 
11,748 
11,820 
5,105 
10,566 
7,369 
1,180 
9,004 
13,131 
7,309 
13,345 
5,589 
1,680 


1,289 

179 

978 

275 

2,753 

4,542 

4,166 

2,988 

737 

2,402 

1,937 

650 

5,191 

6,642 

3,261 

1,683 

1,492 

3,086 

2,705 

618 

2,932 

487 

4,649 

9,478 

5,467 

4,709 

4,574 

8,032 

3,631 

1,372 

3,595 

1,718 

2,546 

1,308 

8,394 

1,648 

1,799 

236 

1,511 

540 

1,712 

1,212 

6,589 

5,765 

2,208 

465 

4,317 

1,187 

7,737 

2,370 

599 

3,968 

5,079 

7,470 

10,957 

2,332 

9,762 

909 

10,567 

1,181 

4,640 

7,180 

2,836 

2,269 

7,995 

2,571 

5,175 

2,194 

1,071 

109 

6,221 

2,783 

6,809 

6,322 

3,662 

3,647 

6,516 

6,829 

3,214 

2,375 

1,369 

311 

366 


ANNUAL  REGISTER,  1830—31. 
STATE  OF  GEORGIA— Continued. 


COUNTY. 

AGGREGATE. 

FREE- 

SLAVES. 

Liberty           ...        - 

7,233 

1,609 

5,624 

Lincoln      -        -         -        - 

6,145 

2,869 

3,276 

Lowndes        - 

2,453 

2,118 

335 

Madison      - 

4,646 

3,387 

1,259 

Mcintosh 

4,998 

1,204 

.  3,794 

Marion 

1,436 

1,327 

109 

Merri  wether           -        -        - 

4,422 

:   '      3,028 

1,394 

Monroe 

16,202 

8,849 

7,353 

Montgomery 

1,269 

934 

335 

Morgan        ...        - 

f'?'2^? 

5,226 

6,820 

Muscagee       .... 

3,508 

2,268 

1,240 

Newton       -        -        -        - 

11,155 

8,152 

3,003 

Oglethorpe     .... 

13,618 

5,670 

7,940 

Pile            -        -        -        - 

6,149 

4,376 

1,773 

Pulaski           .... 

4,906 

3,141 

1,765 

Putnam       .... 

13^61 

5,554 

7,707 

Rabun 

2,176 

2,117 

59 

Randolpli    - 

2,191 

1,509 

682 

Richmond      .        -        .        .    . 

11,644 

5,398. 

C,246 

Scriven       .... 

4,776 

2,410 

2,366 

Talbot 

5,940 

3,841 

2,099 

Taliaferro   -        - 

4,934 

2,199 

2,735 

Tatnall           --      - 

2,040 

1,534 

506 

Telfair        - 

2,136  , 

1,571 

565 

Thomas          .... 

3,299 

2,131 

1,168 

Troup         .... 

5,799 

3,611 

2,188 

Twiggs           .... 

8,031 

4,524 

3,507 

Upson         -        -        -        - 

7,013 

4,456 

2,557 

Walton  -        - 

10,929 

7,766 

3,163 

Ware           .... 

1,205  - 

1,144 

61 

Warren           .... 

10,946 

6,253 

4,693 

Washington 

9,820 

5,911 

3,909 

Wayne            .... 
Wilkes        - 

963 

687 

276 

14,237 

5,277 

8,960 

Wilkinson      .... 

6,513 

5,591 

1,922 

Total  of  Georgia      - 

516,823 

299,292 

217,531 

STATE  OF  KENTUCKY. 


COUNTY. 


AGGREGATE. 

FREE. 

SLAVES. 

8,217 

6,481 

1,736 

6,485 

5,529 

956 

4,520 

3,539 

981 

15,079 

11,344 

3,735 

8,799 

7,217 

1,582 

9,075 

7,255 

1,82a 

18,436 

11,568 

6,868 

6,518 

5,685 

833 

7,345 

5,865 

1,48G 

Adair 

Allen     - 

Anderson 

Barren 

Rath 

Boone    - 

Bourbon 

Bracken 

Breckenridge 


CENSUS. 
STATE  OF  KENTUCKY—CONTINUED. 


387 


COUNTY. 

AGGREGATE. 

FREE. 

SLAVES. 

Butler 

3,058 

2,605 

453 

Bullitt         .... 

5,652 

4,509 

1,143 

Caldwell         .... 

8,324 

6,550 

1,774 

Callaway    .        »        .        - 
Campbell        »        .        .        . 

5,164 

4,737 

427 

9,883 

8,850 

1,033 

Casey          .... 

4,342 

3,879 

403 

Christian        .... 

12,684 

8,349 

4,335 

Clarke         .... 

.  13,051 

8,565 

4,486 

Clay 

3,548 

3,184 

364 

Cumberland        ... 

8,624 

6,932 

1,692 

Daviess           .... 

5,209 

3,885 

1,324 

Edmondson 

2,642 

2,364 

278 

Estill      -        *        ' 

4,618 

4,177 

441 

Fayette       .... 

25,098 

14,165 

10,933 

Fleming         *        .        .        - 

13,499 

11,735 

1,764 

Floyd          .        .        ,        . 

4,347 

4,208 

139 

Franklin         .... 

9,254 

6,162 

3,092 

Gallatin      ^        .        .        . 

6,674 

5,490 

1,184  . 

Garrard          .... 

11,871 

8,320 

3,551 

Gtant         .... 

2,986 

2,720 

266 

Graves 

2,504 

2,225 

279 

Grayson     .... 

3,880 

3,642 

238 

Green    ..... 

13,138 

9,677 

^'iS 

Greenup    .... 

5,852 

4,860 

992 

Hancock         .... 

1,515 

1,168 

347 

Hardin        .... 

12,849 

10,780 

^'?^« 

Harlan 

2.929 

2.793 

136 

Paj-riflion     ,       -       ,       . 

13;234 

10;446 

5«,7eo 

Henderson          .        . 

5,191 
6,659 

4,399 
4,100 

792 
2,559 

Henry 

11,387 

8,925 

2,463 

Hickman    ..        ... 

5,198 

4,328 

870 

Hopkins         .        ,        ,        . 

6,763 

5,458 

1,305 

Jfegerson     r        ,        .        , 

^3,979 

17,055 

6,934 

Jessamine      r        ^        ..        . 

0,960 

6,576 

3,384 

Knox          '        ,.        -        - 

4,315 

3,838 

477 

Laurel 

1 

2,206 

2,080 

126 

J-iawfence  r        ,        -        . 

3,900 
5,229 

3,821 

79 

Lewis     -        -        ,        ,        , 

4,765 

464 

Lincoln      -        -        -        . 

11,002 

7,364 

3,638 

Livingston     .        -        .    '    , 

5,971 

4,835 

1,136 

Logan         -        .        .        , 

13,012 

8,388 

4,624 

Madison         .        -        -        . 

18,751 

12,712 

6,039 

Mason        .        ,        .        , 
McCracken    .... 

16,190 

1,207 

11.808 
1.167 

4,391 
130 

Meade         .... 

4,131 

3,i86 

945 

Mercer           ,        .        ,        . 

17,694 

12,«70 

4,824 

Monroe       »        ,        ,        ,       , 
Montgomery 

5,340 
10,240 

4,695 
7,660 

645 
2,580 

Morgan       »        r        ,        , 

Muhlenburg           ,-        ,        . 

2,857 
5,340 

2,811 
4,342 

46 

998 

Nelson        -        ,        .        . 

14,932 

10,304 

4,628 

jJJicholas        -        .        . 

8,834 

7,597 

1,237 

Ohio           .... 

4,715 

4,132 

583 

Oldham          .... 

9,588 

6,983 

2,605 

Owen          .... 

5,786 

4,996 

790 

Pendleton       .... 

3,863 

3,435 

428 

Perry          .... 

3,330 

3,175 

155 

388  ANNUAL  REGISTER,  1830— 3L 

STATE  OF  KENTUCKV— Continued. 


COUNTY. 


Pike  ... 

Pulaski  .... 

Rockcastle 

Russell  .... 

Scott  .... 

Shelby   .... 

Simpson 

Spencer  ... 

Todd 

Trigg     .        .        -        - 

Union 

Warren  -        -  ;     - 

Washington 

Wayne 

Whitley      - 

Woodford       -        -        - 

Total  of  Kentucky 


AGGREGATE. 

FREE. 

SLAVES. 

2,677 

2,599 

78 

9,500 

8,493 

1,007 

2,865 

2,584 

281 

3,879 

3.421 

458 

14,677 

9,225 

5,452 

19,030 

13,110 

5,920 

5,815 

4,583 

1,232 

6,812 

5,299 

1,513 

8,680 

&,512 

3,168 

5,916 

4,499 

1,417 

4,764 

3,409 

1,355 

10,949 

8-,086 

2.863 

19,017 

14,303 

4,714 

8,685 

8,052 

638 

3,806 

3,667 

J39 

12,273 

6,640 

5,633 

687,91 7 

522-,704 

165,213 

STATE  OF  TENNESSEE. 


i^OU^TV, 

AGUREGATEi 

FREE. 

SLAVES. 

Roane          .... 

11,341 

10,223 

1,118 

ilamilton        .        .        .        - 

2,276 

2,161 

11'5 

Morgan       .... 

♦2,582 

2,522 

60i 

Claiborne        .        -        -        . 

8,470 

7,855 

615 

Greene        .... 

14,410 

13,340 

1,070. 

Cocke              .... 

6.017 

5,409 

608 

Jefferson     .... 

11,801 

10,579 

1,222^ 

Grainger         .        ^        . 

-    -        10,066 

9,157 

909 

Hawkins     .        -   ..     -        -    : 

,  :        13,683 

12,024 

1,659- 

Sevier    ..... 

5,717 

5,335 

382 

McMinn      •        -        - 

14,460 

13,178 

1,282 

Campbell        -         .         . 

Sjll'O 

4,865 

24S 

Blount         .... 

11,028^ 

10,004 

1,024 

Knox  _.        .        r      ,  . 

14,49§ 

12,465 

2,03a 

Carter,        .        ... 

6,414 

5,954 

460 

Marion            .... 

5.508 

5,240 

268: 

Monroe       .        -        - 

13,708 

12,655 

1,053 

Anderson 

5,310 

4,839 

471 

Washington        .        . 

10,91H 

9,954 

1,040 

Bledsoe           .         .         . 

4,648 

4,229 

419 

Sullivan      .... 

10,073 

8.886 

T,187 

Rhea  .   -        .        . 

8,186 

7,539 

647 

Bedford       .... 

30,396 

24,748 

5,648 

Carroll            .... 

9,397 

7,725 

1,672 

Davidson 

28,122 

16,460 

11,662 

Dickson          -        - 

7,265 

5,606 

1,659 

Dyer            .        .        .        - 

1,904 

1,303 

601 

Fentiess         -       ^ 

2.748 

2,629 

110 

CENSUS. 
STATE  OF  TENNESEE—CoNTiNUED. 


389 


COUNTY. 


AGGREGATE. 


FREE. 


SLAVES. 


Fayette 
Franklin 


Giles  - 

Gibson 

Hickman 

Humphreys 

Hardeman  - 

Hardin 

Haywood 

Henry 

Henderson 

Jackson 

Lincoln 

Lawrence 

Maury 

Montgomery 

Madison 

McNairy 

Obion 

Overton 

Perry 

Rutherford 

Robertson   - 

Shelby 

Smith 

Sumner 

Stuart 

Tipton 

Warren 

White 

Wilson 

Williamson 

Wayne 

Weakly 


Total  of  Tennessee 


8,652 

15,620 

18,703 

5.801 

8;il9 

6,187 

11,655 

4,868 

5,334 

12,249 

8,748 

9,698 

22,075 

5,411 

27,665 

H,349 

11,594 

5,697 

2,099 

8,242 

7,094 

26,134 

13,272 

5,648 

19,906 

20,569 

6,968 

5,317 

15,210 

9,967 

25,472 

26,638 

6,013 

4,797 


681,903 


5,474 

12,073 

12,745 

4,520 

6,907 

5,462 

7,993 

4,452 

3,505 

9,289 

7,315 

8.679 

17,984 

4,859 

18,231 

8,548 

7,427 

5,320 

1,762 

7,400 

6,686 

17,485 

9,671 

3,499 

15,522 

13,312 

5,568 

3,535 

13,634 

9,045 

19,528 

16,133 

5,734 

3,949 


540,300 


3,178 
3,547 

5,958 

1,281 

1.212 

725 

3,662 

416 

1,829» 

2,960 

1,433 

1,019 

4,091 

552 

9,434 

5,801 

4,167 

377 

337 

842 

408 

8,649 

3,601 

2,149 

4,384 

7,257 

1,400 

1,732 

1,556 

922 

5,944 

10,505 

279 

848 


141,603 


m 


ANNUAL  REGISTER,  1830—31. 
STATE  OF  ILLINOIS. 


COUNTY. 

AGGREGATE. 

FREE. 

SLAVES. 

Alexander           -        .        - 

1,390 

1,384 

6 

Pope       -        .        -        -        • 

3,316 

3,291 

25 

Union         .... 

3,230 

3,235 

4 

Johnston        -        .         -        - 

1,596 

1,585 

11 

Jackson       .        -        -        - 

1,828 

1,807 

21 

Franklin         .        .        -        - 

4,083 

4,074 

9 

Perry           .... 

1,215 

1.211 

4 

Randolph        .        .        .        - 

4,429 

4,218 

211 

Monroe       .... 

2,000 

1,962 

38 

Washington           -        .        - 

1,675 

1,662 

13 

Marion        .         -         -         - 

2,125 

2,124 

1 

Jefferson        .... 

2,555 

2,555 

0 

Hamilton 

2,616 

2,614 

2 

Gallatin          .... 

7,405 

7,221 

184 

White         ...        - 

6,091 

6,091 

. 

Edwards         .... 

1,649 

1,649 

. 

Wabash       .... 

2,710 

2,710 

. 

Wayne           .... 

2,553 

2,550 

3 

Clay            .... 

755 

753 

2 

Clinton          .... 

2,330 

2,325 

5 

St.  Clair     ...        - 

7,078 

6,982 

96 

Madison          .... 

6,221 

6,197 

24 

Bond           .... 

3,124 

3,123 

1 

Fayette           .... 

2,704 

2,680 

24 

Lawrence            .        .        - 

3,668 

3,668 

Crawford        -         -         - 

3,117 

3,117 

Edgar          .... 

4,071 

4,071 

Clark 

3,940 

3,940 

Vermillion 

5,836 

5,836 

Macon            -        - 

1,122 

1,122 

Shelby        -        - 

2,972 

2,970 

2 

Tazewell        .... 

4,716 

4,712 

4 

Montgomery 

2.953 

2,949 

4 

Macoupin       -        -        - 

1,990 

1,900 

- 

Green         .... 

7,674 

7,665 

9 

Morgan          .        .        .        - 

12,714 

12,714 

0 

Sangamon           .        .        - 

12,960 

12,947 

13 

Calhoun         ,        .         .        - 

1,092 

1,090 

2 

Pike            .... 

2,396 

2,396 

. 

Fulton            .        . 

1,841 

1,841 

- 

Knox          -        - 

274 

274 

. 

Henry 

41 

41 

Adams        -        - 

2,186 

2,186 

- 

Hancock         .        .        .        - 

483 

483 

- 

Mercer        -      :  - 

Warren          -        -        -        - 

26 

26 

- 

308 

308 

- 

Peoria       >         .        .        . 
Putnam     > 

1,310 

1,310 

- 

Schuyler          \     .        .        . 
McDonough     > 

2,959 

2,959 

- 

Joe  Daviess 

2,111 

2,080 

31 

Total  of  Illinois,  - 

157,445 

156,698 

747 

CENSUS. 


391 


STATE  OF  OHIO. 


COUNTY. 

AGGREGATE. 

FREE. 

SLAVES. 

Adams        .        .        .        - 

12^1 

12,281 

Ashtabula       .        .        -        - 

14,584 

14,584 

. 

Athens        .... 

9,787 

9,787 

. 

Allen 

578 

57a 

- 

Belmont      -        -        -        - 

28,627 

28,627 

. 

Brown            .        .        -        - 

17,867 

17,867 

. 

Butler         .... 

27,142 

27,141 

1 

Champaign     -        -        -        - 

12,131 

12,131 

. 

Clark           .... 

13,114 

13,113 

1 

Clermont       .... 

20,466 

20,466 

. 

Columbiana 

35,592 

35,508 

. 

Coshocton      .        .        -        - 

11,161 

11,162 

. 

Cayahoga            ... 

10,373 

10,373 

- 

Crawford        .... 

4,791 

4,791 

- 

Clinton       .... 

11,436 

11,436 

, 

Dark 

6,204 

6,204 

- 

Delaware            ... 

11,504 

11,504 

. 

Fairfield          .... 

24,786 

24,786 

- 

Fayette       .... 

8,182 

8,182 

. 

Franklin         .... 

14,741 

14,741 

. 

Gallia         .... 

9,733 

9,733 

. 

Geauga          .        .        -        - 

15,813 

15,813 

- 

Green         .... 

14,801 

14,801 

. 

Guernsey       .... 

1^'S^ 

18,036 

- 

Hocking     -        -        -        - 

4,008 

4,008 

- 

Highland        .        .        .        - 

16,345 

16,345 

- 

Harrison     -        -         .        - 

20,916 

20,916 

- 

Hamilton,  including  Cincinnati 

52,317 

52,315 

2 

Harden           .... 

210 

210 

- 

Hancock     .        -        .        - 

813 

813 

- 

Henry            .... 

262 

262 

- 

Holmes       .... 

9,135 

9,135 

. 

Huron            .... 

13,341 

13,341 

* 

Jefferson     -        -        -        - 

22,489 

22,489 

. 

Jackson           .... 

5,941 

5,941 

. 

Knox           .... 

17,085 

17,085 

. 

Lawrence       .... 

5,367 

5,367 

. 

Licking      .... 

20,714 

20,714 

- 

Lorain             .        -        .        - 

5,696 

5,696 

- 

Logan         .        -        .        - 

6,440 

6,440 

- 

Madison         -        .        -        - 

6,190 

6,189 

1 

Marion        ...        - 

6,551 

6.551 

- 

Medina           .... 

7,560 

^'^ 

- 

Meigs         ...        - 

6,158 

6,158 

- 

Mercer       -        -        .        - 

1,110 

1,110 

- 

Miami            .... 

12,807 

12,807 

- 

Monroe       -        .        .        - 

8,768 

8,768 

. 

Montgomery 

24,362 

24'2S 

1 

Morgan       -        .        .        - 
Muskingum   -        -        .        - 

11,799 

11,799 

- 

29,334 

^'SJ 

- 

Perry          .... 

13,970 

13,970 

- 

Pickaway       -i       - 

16,001 

16,001 

- 

Pike            -        .        .        - 

6,024 

6,024 

- 

Portage           .        .        -        - 

16,963 

16,963 

- 

Preble         .... 

16,291 

16.291 

- 

Putnam          .... 

230 

230 

- 

Paulding    -        .        -        - 

161 

161 

-    ■ 

34 


392 


ANNUAL  REGISTER,  1830-31. 
STATE  OF  OHIO.— Continued. 


" 

COUNTY. 

AGGREGATE. 

FREE. 

SLAVES. 

Ri-chland         .... 

24,006 

24,006 

Ross            .... 

24,068 

24,068 

Sandusky       .        .        -        . 

2,851 

2,851 

Shelby        .... 

3,671 

3,671 

Scioto 

8,740 

8,740 

Seneca        .         ..        -        - 

5,159 

5,159 

Stark      .        .        -        ^        - 

26,588 

26,588 

Tuscarawas 

14,298 

14,298 

Trumbull       .        .        -       - 

26,153 

26,153 

Union          .... 

3,192 

3,192 

Van  Wert      .... 

49 

49 

Warren       .        .        -        - 

21,468 

21,468 

Washington   - 

11,731 

11^731 
23,333 

Wayne        .... 

Zd.o.>ti 

Williams        .... 

387 

387 

Wood          -        ... 

1,102 

1,102 

Total     -        - 

935,884 

935,878 

6 

STATE  OF  LOUISIANA. 


COUNTY. 

AGGREGATE. 

FREE. 

SLAVES. 

Lafourche  Interior 

5,503 

3,350 

2,153. 

Ascension 

5,426 

1,859 

3.567 

St.  Helena      .... 

4,028 

2,669 

1,359 

St.  Tammany      -        - 

2,864 

1,504 

1,:360 

Washington   -        .—       . 

2,286 

1,699 

587 

Assumption 
Terre  Bonne 

5,669 

3.788 

1,881. 

2,121 

1,088 

1,033- 

Iberville      ...        - 

7,049 

2,541 

4,508 

Concordia       -        -        - 

4,662 

1,045 

3,617 

Jefferson     .... 

6,846 

1,939 

4,907 

Plaquimines   -        -        -        - 

4,489 

1,301 

3,188 

East  Feliciana    - 

8,247 

3,595 

4,652. 

West  Feliciana       - 

8.629 

2,384 

6,245 

East  Baton  Rougiie 

6,698 

3,350 

3,348 

West  Baton  Rouge     - 

3,084 

1,152 

1,932 

St.  James       .... 

7,046 

2,617 

.    5,029. 

Point  Coupee 

5,936 

1,726 

4,2ia 

St.  John  Baptiste   - 

5,677 

2,184 

3,493 

St.  Bernard 

3,356 

837 

2,519 

St.  Charles     .... 

5,147 

1,029- 

4,118 

Orleans,  on  the  right  bank  of  the 

river,  and  on  the  left  bank,  all 

below  Mandeville-street 

3,744 

1,.581 

2.163. 

Lower  suburbs  of  New  Orleans 

2,892 

2,320- 

572 

Northern  suburbs  of  New   Or- 

leans          .... 

3,976 

2,625 

1,351 

Fort  Pike    - 

83 

76 

7 

Upper  suburbs  of  New  Orleans 

9,437 

6,353 

3,084 

CENSUS. 
STATE  OF  LOUISIANA.— Continued. 


393 


COUNTY  OR  DISTRICT. 

AGGREGATE. 

FREE. 

SLAVES. 

Old  square  of  the  city  of  N.  Or- 

leans           .        .        -        - 

29,694 

20,232 

9,462 

St.  Landry 

12,591 

7,621 

4,970 

Nachitoches    -        -        -        - 

7,905 

4,334 

3,571 

Rapides       -         -        - 

7,575 

2,246 

5,329 

St.  Martin's 

7,205 

3,218 

3,987 

St.  Mary's 

6,442 

2,138 

4,304 

Lafayette        .... 

5,653 

3,286 

2,367 

Washita      .... 

5,140 

2,995 

2,145 

Avoyelles       .... 

M^ 

2,149 

^'S^ 

Cacahoula           -     -   - 

2,581 

1,661 

920 

Claiborne 

1,764 

1,549 

215 

Total^f  Louisiana    - 

215,739 

106,151 

109,588*;, 

STATE  OF  INDIANA. 


COUNTY. 

AGGREGATE. 

FREE. 

SLAVES. 

Orange       -        -       .- 

7,901 

7,900 

.1 

Henry            .... 

6,497 

6,497 

. 

Tippecanoe 

7,J87 

7,187 

. 

Green    -        -        -        - 

4,242 

4,242 

.-. 

Bartholomew 

5,476 

5,476 

._ 

Carroll            .... 

1,611 

1,611 

. 

Knox          -        -        -        - 

6,525 

6,525 

. 

Washington 

13,064 

13,064 

- 

Daviess       .... 

4,543 

4,543 

. 

l^e^e           .... 
Lawrence 

9,112 

9,112 

- 

9,234 

9,234 

- 

Gibson            .... 

5,418 

5,418 

^ 

Sullivan     -        -        -        - 

4,630 

4,630 

,. 

Boon      -        -        -        - 

^f,621 

621 

. 

Vermillioo 

5,692 

5,692 

_ 

Hamilton 

1,757 

1,757 

... 

Rush 

9^707 

9:707 

. 

Martin 

2,010 

2,010 

. 

Madison      .... 

2,238 

2,238 

. 

Allen 

996 

996 

^ 

Pike             .... 

2,475 

2,475 

. 

Decatur          -        - 

.5,887 

5,886 

1 

St.  .Joseph's,  and  -territory  at; 

- 

tached     .... 

•287 

^287 

- 

Elkhart,  and  territory  attached 

935 

935 

- 

Ripley         .        -        .        .       , 

3,989 

3,989 

. 

Switzerland    -        -        . 

7,028 

7,028 

- 

Park            .... 

7,535 

7,535 

. 

FounUin        -        -        -        -    , 

7,619 

7,619 

- 

Warren,  with  territory  attached 

2,861 

2,861 

. 

Vandprburg 

2,611 

2,611 

. 

Union     - 

7,944 

7,944 

- 

394 


ANNUAL  REGISTER,  1830—31. 
STATE  OF  INDIANA— Continued. 


COUNTY. 

AGGREGATE. 

FREE. 

SLAVES. 

Clay            .... 

1,616 

1,616 

_ 

Montgomery 

7,317 

7,317 

- 

Clinton       .... 

1,423 

1,423 

- 

Vigo 

5,766 

5,766 

- 

Hendricks 

3,975 

3,975 

1 

Monroe           .        .        .        - 

6,577 

6,577 

- 

Putnam       .... 

8,262 

8^2 

- 

Morgan           .... 

5,593 

5,.593 

- 

Scott           .... 

3,092 

3,092 

- 

Clark 

10,686 

10,686 

- 

Jefferson     .... 

11,465 

11,465 

- 

Spencer          .... 

3,196 

3,196 

- 

Marion        .... 

7,192 

7,192 

- 

Crawford        ...        - 

3,238 

3,238 

- 

Warrick      .... 

2,877 

2,876 

1 

Delaware       .        .        .        - 

2,374 

2,374 

- 

Perry           .... 

?'?S^ 

3,369 

- 

Floyd 

6,361 

6,361 

- 

Shelby         .... 

6,295 

6,295 

- 

Hancock         .... 

1,436 

1,436 

_ 

Randolph    .... 

3,912 

3,912 

_ 

Wayne           .... 

^!'S!i 

18,571 

- 

Posey          .... 

6,549 

6,549 

. 

Jackson          .... 

4,870 

4,870 

- 

Owen          .... 

4,017 

4,017 

_ 

Cass 

1,162 

1,162 

- 

Johnson      .... 

4,019 

4,019 

- 

Dubois            .... 

3,778 

3,778 

. 

Harrison     .... 

10,273 

10,273 

. 

Jennings         .... 

3,974 

1,974 

. 

Dearborn    .... 

13,974 

13,974 

- 

Franklin         .... 

10,190 

10,190 

• 

Total  of  Indiana       - 

343,031 

343^28 

3 

STATE  OF  MISSISSIPPI. 


COUNTY. 


AGGREGATE. 

FREE. 

14,937 

3,995 

n,686 

3,825 

9,787 

3,622 

9,755 

3,045 

8,645 

5,433 

7,934 

3,845 

7,861 

3,378 

7,001 

5,247 

6,550 

4,080 

5,293 

3,486 

5,402 

3,800 

SLAVES. 


Adams 

Wilkinson 

Claiborne   - 

Jefferson 

Hinds 

Amite    - 

Warren 

Copiate 

Yazoo 

Lawrence 

Pike 


10,942 
7,861 
6,165 
6,710 
3,2J2 
4,089 
4,483 
1,754 
2,470 
1.807 
1,602 


CENSUS. 
STATE  OF  MISSISSIPPI--C0NTINUED. 


395 


COUNTY. 


Madison 

Franklin      - 

Monroe 

Marion 

Lowndes 

Wayne 

Simpson 

Covington 

Perry 

Rankin 

Washington 

Hancock     - 

Greene 

Jackson 

Jones 


Total  of  Mississippi, 


AGGREGATE. 


4,973 
4,622 
3,861 
3,691 
3,173 
2,781 
2,680 
J2,551 
2,300 
2,083 
1,976 
1,962 
1,854 
Jl,792 
1,471 


136,621 


FREE. 


2,806 
2,415 
2,918 
1,976 
2a09 
1,705 
2,040 
1,851 
1,480 
1,697 
792 
1,409 
1,316 
1,392 
1,310 


70,962 


SLAVES. 


2,167 

2,207 

943 

1,715 

1,064 

1,07G 

640 

700 

820 

386 

1,184 

553 

538 

400 

161 


65,659 


STATE  OF  ALABAMA. 


COUNTY. 

AGGREGATE. 

FREE. 

SLAVES. 

Madison         -        -        .        .    , 

27,990 

14,063 

13,627 

Limestone 

14,807 

8,119 

6,689 

Jefferson         .... 

6,855 

5,140 

1,715 

Walker       -        • 

2,202 

2,034 

168 

Marion            -        -        .        - 

4,058 

3,458 

600 

Morgan 

9,062 

6,168 

2,894 

Lawrence 

14,984 

8,428 

6,556 

St.  Clair     -        - 

5,975 

4,821 

1,154 

Franklin         .... 

11,078 

6,090 

4,988 

Lauderdale         -        - 

11,781 

7,986 

3,795 

Blount            -        -        - 

4,233 

3,903 

.330 

Jackson      -        .-      .  ^ 

12,700 

11,436 

1,264 

•Mobile          .... 

3,073 

1,967 

1,106 

Baldwin      .... 

2,324 

1,061 

1,263 

Monroe           .... 

8,782 

5,241 

3,541 

Dallas         .... 

14,017 

6,857 

7,160 

Pickens          .... 

6,622 

4,991 

1,631 

Bibb            .... 

6,306 

5,114 

1,192 

Montgomery 

12,695 

6,245 

6,450 

Clarke        .... 

7,595 

3,923 

3,672 

Shelby           .... 

5,704 

4,565 

1,139 

BuUer         .... 

5,650 

3,911 

1,739 

Henry    ..... 

4,020 

3,011 

1,009 

Marengo     .... 

7,700 

4,562 

3,138 

Green             .... 

15,026 

7,606 

7,420 

Pike            .        .        .        .       • 

7,108 

5,230 

1,878 

Perry     ..... 

C^onecah      .... 
Autauga         .... 

11,490 

7,172 

4,318 

7,444 

3,824 

3,620 

11,874 

5,884 

5,990 

34* 

396 


ANNUAL  REGISTER,  1830—31. 
STATE  OF  ALABAMA— Continued. 


FREE. 

COUNTY. 

AGGREGATE. 

SLAVES. 

Wilcox       ...        - 

9,548 

5,558 

3,990 

Fayette           .... 

3,547 

3,035 

512 

Dale            .... 

2,031 

1,762 

269 

Covington      .... 

1,522 

1,126 

396 

Washington 

3,474 

1,942 

1,532 

Lowndes         .        .        .        - 

9,410 

5,022 

4,388 

Tuscaloosa 

13,646 

8,853 

4,793 

*Mobilecity 

3,194 

2,019 

1,175 

Total  of  Alabama      - 

309,527 

191,978 

117,549 

STATE  OF  MISSOURI. 


COUNTY, 

AGGREGATE. 

FREE. 

SLAVES. 

Lincoln       -        .        -        - 

4,059 

3,309 

750 

Marion           .        .        -        - 

4,837 

3,510 

1,327 

Chariton     -        -        -        - 

1,780 

1,579 

301 

Washington  -        -        -        - 

6,784 

5,616 

1,168 

Jefferson     .        .        „        . 

2,592 

2,356 

236 

Franklin         .... 

3,484 

3,088 

396 

Gasconade          .... 

1,545 

1,408 

137 

Crawford        .... 

1,721 

1,657 

C4 

Cole            .... 

3,023 

2,723 

300 

Montgomery 

3,902 

3,297 

605 

Pike            .... 

6,129 

4,936 

1,193 

Saint  Charles 

4,320 

3,369 

951 

Saint  Louis 

14,125 

11,329 

2,796 

Saint  Genevieve    - 

2,186 

1,663 

523 

Perry          .... 

3,:M9 

2,813 

536 

Saint  Francois 

2,366 

1,943 

423 

Cape  Girardeau 

7,445 

6,419 

1,026 

Scott 

2,136 

1,774 

362 

New  Madrid 

2,350 

1,879 

471 

Wayne           .... 

3,264 

2,892 

372 

Gallaway    .... 

6,159 

4'^S 

1,456 

Boon 

8,859 

6,936 

1,923 

Howard      .... 

10,854 

8208 

2,646 

Cooper           .... 

6,904 

5,883 

1,021 

Saline         .... 

2,873 

2,167 

706 

La  Fayette     .... 

2,912 

2,483 

429 

Clay            .... 

5,338 

4,456 

882 

Jackson          .... 

2,823 

2,630 

193 

Randolph    .... 

2,942 

2,449 

493 

Madison         .... 

2,371 

1,961 

410 

Ralls           .... 

4,375 

3,536 

839 

Ray 

2,657 

2,491 

166 

Total  of  Missouri     - 

140,455 

115,364 

2e,091 

CENSUS. 
TERRITORY  OF  MICHIGAN. 


397 


OQUSTY. 

AGGREGATE. 

FREE. 

SLAVES. 

Wayne        .... 
Monroe           .        .        -        - 
Oakland      ...        - 
Linerve          .... 
McComb    .        .        -        . 
St.  Clair         .... 
Washtenaw 

St.  Joseph      .... 
Cass            .... 
Berrien           .... 
Van  Buren          ... 
Michilimackinaw  - 
Brown         -        -        -        - 
Crawford        .... 
Chippewa            ... 
Iowa 

G,781 
3,187 
4,911 
1,491 
2,413 
1,114 
4,042 
1,313 
919 
325 

6,781 
3,187 
4,911 
1,491 
2,413 
1,114 
4,042 
1,313 
919 
325 

877 
1,356 

692 
626 

1,587 

877 

1,354 

686 

626 

1,564 

2 
6 

23 

Total  of  Michigan    . 

31,639 

31,607 

32 

TERRITORY  OF  ARKANSAS. 


COUNTY. 

AGGREGATE. 

FREE. 

SLAVES. 

Lawrence 

2,806 

2,481 

325 

Crittenden     .... 

1,272 

1,107 

165 

St.  Francis 

1,505 

1,369 

136 

Chicot , 

1,165 

995 

270 

Crawford    .... 

2,440 

2,098 

352 

Arkansas        .... 

1,426 

1,057 

Z6'J 

Lafayette    .... 

748 

408 

340 

Jackson          .... 

333 

316 

17 

Monroe       .... 

461 

386 

75 

Izard      

1,266 

1,209 

57 

Phillips       .... 

1,152 

1,026 

126 

Hempstead     .... 

2,512 

1,990 

522 

Union          .... 

640 

466 

174 

Conway          .... 

982 

895 

87 

Hotspring  .... 

458 

406 

52 

Seiver 

634 

568 

66 

Pope            .... 

1,483 

1,272 

211 

Washington  .... 

2,082 

2,012 

170 

Clark    ^     .        .        .        . 

1,369 

1,264 

105 

Jefferson         .... 

772 

612 

160 

Miller         .... 

356 

301 

55 

Independence         ... 

2,031 

1,728 

330 

Pulaski       .... 

2,395 

1,956 

439 

Total  of  Arkansas 

30,388 

25,812 

4,576 

398 


ANNUAL  REGISTER,  1830—31. 


TERRITORY  OF  FLORIDA. 


FREE. 

Eastern       -        -        .        . 
Western         ..... 
Middle        .        ^        .        - 

8,956 

9,478 

15,779 

517 

4,861 
5,725 

8,192 

4,095 
3,753 

7,587 

Southern 

451 

66 

Total  of  Florida 

34,730 

19,229 

15,501 

DISTRICT  OF  COLUMBIA. 


AGGREGATE. 

FREE. 

SLAVES. 

Washington  city            -        -        - 

Georgetown 

Washington  county,  (country  part) 

18,826 
8,441 
2,994 

16,496 
7,265 
1,995 

2,330 
1,176 

999 

Total  of  Washington  county 

30,261 

25,756 

4,505 

Town  of  Alexandria     - 
Alexandria  county,  (country  part) 

8,241 
1,332 

6,980 
979 

1,261 
353 

Total  of  Alexandria  county    - 

9,573 

7,959 

1,614 

Total  District  of  Columbia 

39,834 

33,715 

6,119 

CENSUS. 


399 


ABSTRACT  of  the  Population  of  the  United  States,  according 
to  the  fifth  census,  by  States ;  showing  the  aggregate,  the  free, 
the  slave,  and  the  federal  number. 


STATES,  &c. 


Maine 

New  Hampshire 

Massachusetts 

Rhode  Island 

Connecticut 

Vermont 

New  York, 

New  Jersey 

Pennsylvania   - 

Delaware     - 

Maryland 

Virginia 

North  Carolina, 

South  Carolina    - 

Georgia    - 

Kentucky    - 

Tennessee 

Ohio    - 

Louisiana 

Indiana 

Mississippi 

Illinois 

Alabama  - 

Missouri 

Territory  of  Michigan 
Do  Arkansas 

Do  Florida 

District  of  Columbia 


Total  of  United  States  & 
Territories    - 


AGGREGATE 
OF  EACH 
STATE. 


399,437 

269,328 

610,408 

97,199 

297,675 

280,657 

1,918,608 

320,823 

1,348,233 

76,748 

447,040 

1,211,405 

737,987 

581,185 

516,823 

687,917 

681,903 

935,884 

215,739 

343,031 

136,621 

157,445 

309,527 

140,455 

31,639 

30,388 

34,730 

39,834 


12,858,670 


FREE 

POPULATION 

©F  EACH 

STATE. 


399,431 

269,323 

610,404 

97,185 

297,650 

280,657 

1,918,532 

318,569 

1,347,830 

73,456 

344,046 

741,648 

492,386 

265,784 

299,292 

522,704 

540,300 

935,878 

106,151 

343,028 

70,962 

156,698 

191,978 

115,364 

31,607 

25,812 

19,229 


SLAVES. 


6 

5 

4 

14 

25 

76 

2,254 

403 

3,292 

102,994 

469,757 

245,601 

315,401 

217,531 

165,213 

141,608 

e 

109,58^ 

3 

65,659 

747 

117,549 

25,091 

32- 

4,576 

15,501 

6.119 


2,009,050 


FEDERAL 
NUMBER  OF 
EACH  STATE. 


399,434 

269,326 

610,406 

97,193 

297,665 

280,657 

1,918.577 

319,922 

1,348,072 

75,431 

405,842 

1,023,502 

639,747 

455,025 

429,810 

621,832 

625,263 

935,882 

171,904 

343,030 

110,358 

157,147 

262,508 

130,419 

31,625 

28,557 

28,529 

37,389 


12,055,050 


400 


ANNUAL  REGISTER,  1830—31. 


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S5 


APPENDIX 


EXECUTIVE    OFFICERS 


United  States  op  America. 


Andrew  Jackson,  President, 

John  C.  Calhoun,  Vice  President, 

Martin  Van  Buren,  Secretary  of  State,  'till  April,  1831, 

Samuel  D.  Ingham,  Secretary  of  the  Treasury,  'till  April,  1831 


John  H.  Eaton,  Secretary  of  War, 
John  Branch,  Secretary  of  the  Navy, 
John  M.  Berrian,  Attorney  General, 
Edward  Livingston,  Secretary  of  State, 
Louis  McLane,  Secretary  of  the  Treasury, 
Lewis  Cass,  Secretary  of  War, 
Levi  Woodbury,  Secretary  of  the  Navy, 
Roger  B.  Taney,  Attorney  General, 
William  T.  Barry,  Post-Master- General, 


do 
do 
d* 


Nativity. 
S.  C. 

s.  c. 

N.  Y. 
,  Penn. 
Penn, 
N.  C. 
Geo. 
N.  Y. 
Del. 

N.  H. 

Md. 

Ken. 


Salary. 
$25,000 
5,000 
6,000 
G,000 
6,000 
6,000 
3,500 
6,000 
6,000 
6,000 
6,000 
6,000 
6,000 


JUDICIARY. 


John  Marshall,  Ch'f  Justice,  Va.  $5,000  Smith  Thompson,  Ass.  Just.  N.Y.  $4,500 
William  Johnson,  Ass.  Just.  S.C.  4,500   John  McLean,  "  N.J.    4,500 

Gabriel  Duvall,  "         Md.    4,500   Henry  Baldwin,         "  Pa.       4,500 


Joseph  Story, 


Mass.  4,500  William  T.  Carroll,  Clerk,     Fees,  &c. 


DIPLOMATIC  CORPS. 
To  Great  Britain  and  Ireland. 


Louis  McLane,  Envoy,  &c. 
Washington  Irving,  Secretary,  &c. 
Martin  Van  Buren,  Envoy,  &c.,  1831, 
Aaron  Vail,  Secretary,  &c.,  1831, 

FrancI. 
William  C.  Rives,  Envoy,  &c. 
Nathaniel  Miles,  Secretary, 

Russia. 
John  Randolph,  Envoy,  &c. 
John  Randolph  Clay,  Secretary, 
1 


Nativity. 
Del. 

N.Y. 
N.Y. 


Va. 
Vt. 


Va. 
Pa. 


Salary. 

$9,000 
2,000 
9,000 
2,000 

9,000 
2,000 

9,000 
2,000 


2]  ANNUAL  REGISTER, 

Spain. 

Cornelius  P.  Van  Ness,  Envoy,  &c. 
Charles  S.  Welsh,  Secretary, 

Netherlands. 
William  Pitt  Preble,  Envoy,  &c. 
Augusts  Davezac,  Secretary, 

Colombia. 
Thomas  P.  Moore,  Envoy,  &c. 
J.  C.  Pickett,  Secretary, 

Mexico. 
Anthony  Butler,  Charge,  &c. 

Sweden. 
Christopher  Hughes,  Charge,  &c. 

Denmark. 
Henry  Wheaton,  Charge,  &c. 

Portugal. 
Thomas  L.  L.  Brent,  Charge,  &c. 

Buenos  Ayres. 
John  M.  Forbes,  Charge,  «fcc. 

Brazil. 
Ethan  Brown,  Charge,  &c. 

Chili. 
John  Hamm,  Charge,  &c. 

Peru. 
Samuel  Larned,  Charg6,  &c. 

Turkey. 
David  Porter,  Charge,  &c. 


1830—31. 

Nativity. 
Vt. 
Md. 

Salary. 
9,000 
2,000 

Me. 
La. 

9,000 
2,000 

Ken. 
Ken. 

9,000 
2,000 

4,500 

Md. 

4,500 

R.I. 

4,500 

Md. 

4,500 

Florida, 

4,500 

Ohio, 

4,500 

Ohio, 

4,500 

R.  L 

4,500 

Mass. 

4,500 

TVv^ENTYFIRST  CONGRESS.— Second  Session. 
SENATE. 

President  of  the  Senate,  John  C.  Calhoun,  of  South  Carolina. 
Presidcrd  pro  tempore,  Samuel  Smith,  of  Maryland. 


From  Maine — John  Holmes,* 
Peleg  Sprague. 
New  Hampshire — Samuel  Bell, 

Levi  Woodbury. 
Massachusetts — Nathaniel  Silsbee, 

Daniel  Webster. 
Connecticut — Samuel  A.  Foot, 

Calvin  Willey. 
Rhode  Island — Nehem'iah  R.  Knight, 

Asher  Robbins. 
Vermont — Dudley  Chase, 

Horatio  Seymour. 
JVew  York — Nathan  Sanford, 

Charles  E.  Dudley. 
New  Jersey — Theodore  Frelinghuysen, 

Mahlon  Dickerson. 
Pennsylvania — William  Marks, 

Isaac  D.  Barnard. 
Delaware — John  M.  Clayton, 
Arnold  Naudain. 
Maryland — Samuel  Smith, 

Ezekiel  Chambers. 
Virginia — Littleton  W.  Tazewell, 
John  Tyler. 


North  Carolina — James  Iredell, 

Bedford  Brown. 
South  Carolina — William  Smith, 

Robert  Y.  Hayne. 
Georgia — George  M.  Troup, 

John  Forsyth. 
Kentucky — John  Rowan, 

George  M.  Bibb. 
Tennessee — Hugh  L.  White, 

Felix  Grundy. 
Ohio — Benjamin  Ruggles, 

Jacob  Burnett. 
Louisiana — Josiah  S.  Johnston, 
Edward  Livingston. 
Indiana — William  Hendricks, 

James  Noble. 
Mississippi — Povv hatan  Ellis, 

George  Poindexter. 
Illinois — Elias  K.  Kane, 
David  J.  Baker. 
Alabama — John  M'Kinley, 

William  R.  King. 
Missouri — David  Barton, 

Thomas  H.  Benton. 


U.  «.  CONGRESS. 


[3 


HOUSE  OF  REPRESENTATIVES. 


Speaker,  Andrew  Stevenson,  Virginia. 


Maine. 
John  Anderson, 
Samuel  Butman, 
George  Evans, 
Rufus  M'lntire, 
Cornelius  Holland, 
Joseph  F.  Wingate, 
Leonard  Jarvis. 

JVeto  Hampshire. 
John  Broadhead, 
Thomas  Chandler, 
Joseph  Hammons, 
Jonathan  Harvey, 
Henry  Hubbard, 
John  W.  Weeks. 

Massaclvusetts, 
John  Bailey, 
Isaac  C.  Bates, 
B.  W.  Crowninshield, 
John  Davis, 
Henry  W.  Dwight, 
Edward  Everett, 
Benjamin  Gorhara, 
George  Grennell,  jr. 
James  L.  Hodges, 
Joseph  G.  Kendall, 
John  Reed, 
Joseph  Richardson, 
John  Varnum. 

Rhode  Island. 
Tristam  Burges, 
Dutee  J.  Pearce. 

Connecticut. 
Noyes  Barber, 
W^illiam  W.  Elsworth, 
J.  W.  Huntington, 
Ralph  J.  Ingersoll, 
W.  L.  Storrs, 
Ebenezer  Young. 
Verntorit. 
William  Cahoon, 
Horace  Everett, 
Jonathan  Hunt, 
Rollin  C.  Mallary, 
Benjamin  Swift. 

JVew  York. 
William  G.  Angell, 
Benedict  Arnold, 
Thomas  Beckman, 
Abraham  Bockee, 
Peter  I.  Borst, 
C.  C.  Cambreleng, 
Jacob  Crocheron, 
Timothy  Childs, 
Henry  B.  Cowles, 
S.  W.  Eager, 
Charles  G.  Dewitt, 
John  D.  Dickinson, 
Jonas  Earll,  jr. 


Isaac  Finch, 
Michael  Hoffman, 
Joseph  Hawkins, 
Jehiel  H.  Halsey, 
Perkins  King, 
James  W.  Lent, 
John  Magee, 
Henry  C.  Martindale, 
Robert  Monell, 
Thomas  Maxwell, 
E.  F.  Norton, 
Gershom  Powers, 
Robert  S.  Rose, 
Jonah  Sanford, 
Henry  R.  Storrs, 

James  Strong, 

Ambrose  Spencer, 
John  W.  Taylor, 
Phineas  L.  Tracy, 
Gulian  C.  Verplanck, 
Campbell  P.  White. 

JVeto  Jersey. 
Lewis  Condict, 

Richard  M.  Coopeir, 

Thomas  H.  Hughes, 

Isaac  Pierson, 

James  F.  Randolph, 

Samuel  Swann. 

Pennsylvania. 

James  Buchanan, 

Richard  Coulter, 

Thomas  H.  Crawford, 

Harmer  Denny, 

Joshua  Evans, 

Chauncey  Forward, 

Joseph  Fry,  jr. 

James  Ford, 

Innis  Green, 

John  Gil  more, 

Joseph  Hemphill, 

Peter  Ihrie,  jr. 

Thomas  Irwin, 

Adam  King, 

George  G.  Leiper, 

H.  A.  Muhlenburg, 

Alem  Marr, 

Daniel  H.  Miller, 

William  M'Creery, 

William  Ramsay, 

John  Scott, 

Philander  Stephens, 

John  B.  Sterigere, 

Joel  B.  Sutherland,    ■ 

Samuel  A.  Smith, 

Thomas  H.  Sill. 

Delaware. 

Kensey  Johns,  jr. 
Maryland, 

Elias  Brown, 


Clement  Dorsey, 
Benjamin  C.  Howard, 
George  E.  Mitchell, 
Michael  C.  Sprigg, 
Benedict  I.  Semmes, 
Richard  Spencer, 
George  C.  Washington, 
Ephraim  K.  Wilson. 

Virginia. 
Mark  Alexander, 
Robert  Allen, 
WilUam  S.  Archer, 
William  Armstrong, 
John  S.  Barbour, 
John  M.  Patton, 

J.  T.  Boulding,- 
Richard  Coke,  jr. 
Nathaniel  H.  Claiborne, 

Robert  B.  Craig, 

Piiilip  Doddridge, 

Thomas  Davenport, 

V/illiam  F.  Gordon, 

Lewis  Maxwell, 

•Charles  F.  Mercer, 

William  M'Coy, 

Thomas  Newton, 

John  Roane, 

Joshua  Draper, 

Andrew  Stevenson, 

John  Talliaferro, 

James  Trezvant. 

JVorth  Carolina. 

Willis  Alston, 

Daniel  L.  Barringer, 

Samuel  P.  Carson, 

Henry  W.  Conner, 

Edmund  Deberry, 

Edward  B.  Dudley, 

Thomas  H.  Hall, 

Robert  Potter, 

William  B.  Shepard, 

Augustus  H.  Shepperd, 

Jesse  Speight, 

Lewis  Williams, 

Abraham  Rencher. 
South  Carolina.. 

Robert  W.  Barnwell, 

James  Blair, 

John  Campbell, 

Warren  R  Davis, 

William  Drayton, 

William  D.  Martin, 

George  M'Duffie, 

William  T.  Nuckolls, 

Starling  Tucker. 
Georgia. 

Thomas  F.  Foster, 

Charles  E.  Haynes, 

Wilson  Lumpkin, 


4] 


ANNUAL  REGISTER,  1830—31. 


Henry  G.  Lamar, 

Jacob  C.  Isaacks, 

W.  H.  Overton, 

Wiley  Thompson, 

Cave  Johnson, 

Edward  D.  White. 

Richard  H.  Wilde, 

Pryor  Lea, 

Indiana. 

James  M.  Wayne. 

James  K.  Polk, 

RatlifF  Boon, 

Kentucky. 

James  Sandifer. 

Jonathan  Jennings, 

James  Clark, 

Ohio. 

John  Test. 

Nicholas  D.  Coleman, 

Mordecai  Bartley, 

Mabama. 

Thomas  Chilton, 

Joseph  H.  Crane, 

R.  E.  B.  Baylor, 

Henry  Daniel, 

William  Creighton, 

Clement  C.  Clay, 

Nathan  Gaither, 

James  Findlay, 

Dixon  H.  Lewis. 

Richard  M,  Johnson, 

William  W.  Irwin, 

Mississippi. 

John  Kincaid, 

William  Kennon, 

Thomas  Hinds. 

Joseph  Lecompte, 

Humphrey  H.  Leavitt, 

Illinois. 

Chittenden  Lyon, 

William  Russell, 

Joseph  Ducan. 

Robert  P.  Letcher, 

William  Stanberry, 

Missouri. 

Charles  A.  WicklifFe, 

James  Shields, 

Spencer  Pettis. 

Joel  Yancey. 

John  Thompson, 

Tennessee. 

Joseph  Vance, 

Delegates. 

John  Blair, 

Samuel  F.  Vinton, 

Michigan — John  Biddle. 

John  Bell, 

Elisha  Whittlesey. 

Arkansas— K.  H.  Sevier. 

, 

David  Crockett, 

Louisiana. 

Florida— ios&^h  M.  White. 

Robert  Desha, 

Henry  H.  Gurley, 

1 

OFFICERS  OF  CONGRESS. 

OFFICERS    OF    THE    SENATE.  OFFICERS    OF    THE    HOUSE. 

Secretary.  Clerk  of  the  Hou^e. 

Walter  Lowrie,  Pa.  $3,000    M.  St  Clair  Clark,  Pa.  $3,000 

Sergeant  at  arms.  Samuel  Burch,  Chief  Clerk,  Va.    1,800 

Mountjoy  Bailey,  Va.  1,500  Sergeant  at  arms. 

Chaplain.  I.  Oswald  Dunn,  1,500 

Henry  V.  D.  Johns.  500  Chaplain. 

Ralph  R.  Gurley,  500 

Librarian  of  Congress,      


GOVERNORS  OF  STATES. 


[5 


GOVERNORS  OF  STATES. 


Term  begins. 

Tcrmt 

ixpires. 

Maine, 

Samuel  E.  Smith. 

January, 

1831. 

January, 

1832. 

i 

New  Hampshire, Samuel  Dinsmoor. 

June, 

1831. 

June, 

1832. 

Vermont, 

Samuel  C.  Crafts. 

October, 

1830. 

October, 

1831. 

Massa.r,husetts, 

Levi  Lincoln. 

May, 

1831. 

January, 

1832. 

Rhode  Island, 

Samuel  H.  Arnold. 

May, 

1831. 

JI^^' 

1832. 

Connecticut, 

John  S.  Peters. 

May, 

1831. 

May, 

1832. 

New  York, 

Enos  J.  Throop. 

January, 

1831. 

January, 

1833. 

New  Jersey, 

Peter  D.  Vroom. 

October, 

1830. 

October, 

1831. 

Pennsylvania, 

George  Wolf. 

December, 

1829. 

December, 

1832. 

Delaware, 

David  Hazzard. 

January, 

1830. 

January, 

1833. 

Maryland, 

C  Daniel  Martin. 

I  G.  Hayward,  acting. 

January, 

1831. 

Died  July, 

1831. 

July,  10th, 

1831. 

January, 

1832. 

Virginia, 

John  Floyd. 

March, 

1831. 

March, 

1834. 

j 

North  Carolina, 

,  Montford  Stokes. 

December, 

1830. 

December, 

1831. 

South  Carolina 

,  James  Hamilton,  Jr. 

December, 

1830. 

December, 

1832. 

Georgia, 

George  R.  Gilmer. 
Gabriel  Moore. 

November 

1829. 

November, 

1831. 

Alabama, 

November 

1829. 

November, 

183L 

Mississippi 

Gerard  C.  Brandon. 

January, 

1830. 

January, 

1832. 

Louisiana 

A.  B.  Rowan. 

January, 

1831. 

January, 

1835. 

Tennessee, 

William  Carrol. 

September, 

1829. 

September, 

1831. 

Kentucky, 

Thomas  Metcalfe. 

September 

1828. 

September, 

1832. 

i 

Ohio, 

Duncan  M'Arthur. 

December 

1830. 

December, 

1632. 

Indiana, 

Joshua  B.  Ray. 

December, 

1828. 

December, 

1831. 

Illinois, 

John  Reynolds. 
John  Miller. 

December, 

1830. 

December, 

1834. 

Missouri, 

November, 

1828. 

November, 

1832, 

.1 

TERRITORIES. 

i 

* 

Michigan, 

George  B.  Porter, 

'i 

Florida, 

William  P.  Durall, 

April, 

1831. 

April, 

1834. 

Arkansas, 

John  Pope, 

February, 

1829. 

February, 

1832. 

I 


6] 


ANNUAL  REGISTER,  1830—31. 
PUBLIC  DEBT  OF  THE  UNITED  STATES. 


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REVENUE,  1830. 
REVENUE  OF  UNITED  STATES  IN  1830. 


[7 


A  STATEMENT  exhibiting  the  duties  accruing  on  merchandise,  tonnage^ 
passports,  and  clearances  ;  of  debentures  on  exportations  ;  drawbacks  on  ao- 
mestic  refined  sugar  and  distilled  spirits  exported ;  bounty  on  salted  fish  export- 
ed ;  allowances  to  vessels  employed  in  the  fisheries,  and  of  expenses  of  collection 
during  1830. 


Duties  on  merchandise 

tonnage,  and  light  money 
passports  and  clearances 

Debentures  issued 

Drawback  on  sugar  and  spirits 

Bounties  and  allowances 

Gross  revenue 
Expenses  of  collection 

Nett  revenue 


$28,382,795  33 

130,471  28 

11,356  00 

$4,511,182  17 

85,206  40 

206,246  40 


$28,524,622  61 


4,802,694  97 
$23,721,927  64 
1,024,248  18 

$22,697,679  46 


A  STATEMENT,  exhibiting  the  values  and  quantities,  respectively,  of  merchan- 
dise of  which  duties  actually  accrued  during  the  year  1830,  (consisting  of  the 
difference  between  articles  paying  duty  imported,  and  those  entitled  to  draw- 
back re-exported  ;)  and,  also,  of  the  nett  revenue  which  accrued  that  year  from 
duties  on  merchandise,  tonnage,  passports,  and  clearances. 


Merchandise  paying  duties  ad  valorem. 

dolls,  at  12  per  cent.  $    901  56 

■      ■  293,901  25 


7,513 
2,351,210 
3,132,676 
7,127,463 
23,168,079 
2,814,961 

556,945 
1,017,027 

244,699 
4,193,738 


do 
do 
do 
do 
do 
do 
do 
do 
do 
do 


12i 

15 

20 

25 

30 

33J 

35 

40 

45 

50 


do 
do 
do 
do 
do 
do 
do 
do 
do 
do 


469,901  40 

1,425,492  60 

5,792,019  75 

844,488  30 

185,648  34 

355,959  45 

97,879  60 

1,887,182  10 

308,307  50 


45,230,926      av.  25.78 


$11,661,681  85 


1.  Wines 

2.  Spirits 
Molasses 

Do 

3.  Teas 
Coffee 

Do 

4.  Sugar 

5.  Salt 


Duties  on  specific  articles. 

2,666,594  galls.  av.  18.39  $490,529  35 


1 ,079,163  "do 
7,173,514  do 
2,692,864  do 
6,141,808  lbs. 

37,121,910  do 
1,671,439    do 

96,387,358  do 
3,256,010  bush. 


All  other  articles  as  per  statement  VI. 


57.47 
10 

5 
33.28 

5 

2 

3.07 
20.00 


020,280  90 
717,351  40 
134,643  20 

2,044,318  10 

1,856,095  50 
33,428  78 

2,960,417  18 
651,202  00 

2,392,432  31 


11,900,748  72 


23,562,430  57 


8] 


ANNUAL  REGISTER,  1830—31. 


Add  duties  which  accrued  on  merchandise,  the  particulars  of  which 
could  not  be  ascertained,  after  deducting  therefrom  duties  re- 
funded and  difference  of  calculation 


Add  interest  on  custom-house  bonds 
Storage  received 
Passports  and  clearances 
10  per  cent,  extra  duty  on  foreign  vessels 
Discount 


Deduct  drawback  on  domestic  spirits 

Do  domestic  refined  sugar 


Add  duties  on  tonnage 
Light  money 


Gross  revenue 

Deduct  Expenses  on  collection 

Nett  revenue,  per  statement  A 


23,131  76 

5,692  01 
11,356  00 
16,105  43 

3,128  53 


54,788  46 
23,617,219  03 


59,503  73 
23,676,722  76 


$  1,035  95 
84,230  48 


119,254  59 
11,216  69 


$  85,266  40 
23,591,456  36 


130,471  28 

23,721,927  64 

1,024,248  18 

22,697,679  46 


Rate 

VI.    ALL    OTHER    ARTICLES 

Quantity. 

of 
Duty. 

Duties. 

Woollens,  not  above  33J  cts.  per  sq.  yd. 

1,082,811 

14 

151,593  54 

Carpeting,  Brussels,  Wilton,  &c. 

do 

73,768 

70 

51,637  60 

Venetian  and  ingrain 

do 

154,312 

40 

61.724  80- 

flags,  matting,  &c. 

do 

68,340 

15 

10,251  00 

Floor  cloths,  patent  painted,  &c. 

do 

16,450 

50 

8,225  00 

all  other 

do 

3,537 

25 

884  25 

Furniture  oil  cloth 

do 

7,573 

15 

1,135  95 

Sail  duck 

do 

26,093 

% 

2,478  93 

Do 

do 

1,019,163 

10 

101.916  30 

Bagging,  cotton, 

do 

271,362 

5 

13,568  10 

Vinegar 

gallons. 

14,122 

8 

1,129  76 

Beer,  ale,  and  porter,  in  bottles 

do 

51,684 

20 

10,336  80 

Do              do       in  casks 

do 

2,376 

15 

356  40 

Oil,  spermaceti 

do 

10 

25 

2  50 

whale  and  other  fish 

do 

1,554 

15 

233  10 

olive 

do 

40,735 

25 

10,143  75 

castor 

do 

13 

40 

5,20 

linseed 

do 

6,902 

25 

1 ,725  50 

Cocoa 

pounds. 

970,035 

2 

19,400  70 

Do 

do 

69,032 

1 

690  32 

Chocolate 

do 

5,340 

4 

213  60 

Sugar,  CMidy 

do 

303 

12 

36  36 

loaf 

do 

218,879 

12 

26,265  48 

other  refined 

do 

102 

10 

10  20 

Fruits,  almonds 

do 

895,496 

3 

26,864  88 

currants 

do 

188,686 

3 

5,660  58 

prunes  and  plums 

do 

90,370 

4 

3,614  80 

figs 

raisins,  jar  and  muscatel 

do 

973,878 

3 

29,216  34 

do 

4,239,724 

4 

169,588  96 

other 

do 

3,724,282 

3 

111,728  46 

REVENUE,  1830. 


[9 


Rate 

VI.    ALT.    OTHER   ARTICLES. 

Quantity. 

of 

Duties. 

duty. 

Candles,  wax 

pounds 

523 

6 

31  38 

spermaceti 

do 

461 

8 

36  88 

Cheese 

do 

41,472 

9 

3,732  48 

Lard 

do 

7,287 

3 

218  61 

Butter 

do 

1,968 

5 

98  40 

Beef and  pork 

do 

38,251 

2 

765  02 

Haras  and  other  bacon 

do 

8,073 

3 

242  19 

Camphor,  crude 

do 

50,043 

8 

4,003  44 

Salts,  Epsom 

do 

896 

4 

35  84 

Glauber 

do 

1,261 

2 

25  22 

Spices,  Cayenne  pepper 

do 

104 

15 

15  60 

ginger 

do 

2,866 

2 

57  32 

mace                                 ^ 
nutmegs 

do 

51 

100 

51  00 

do 

55,875 

60 

33,525  00 

cinnamon 

do 

4,244 

25 

1,061  00 

cloves 

do 

16,597 

25 

4,149  25 

pimento 

do 

509,362 

6 

30,561  72 

cassia 

do 

132,122 

6 

7,927,32 

SnufF 

do 

3,384 

12 

406,08 

Indigo 

do 

210,116 

20 

42,023  20 

Do 

do 

528,089 

30 

68,426  70 

Cotton 

do 

74,479 

3 

2,234  37 

Gunpowder 
Bristles 

do 

43,577 

8 

3,486  16 

do 

98,162 

3 

2,944  86 

Glue 

do 

43,076 

5 

2,353  80 

Paints,  ochre,  in  oil 

do 

1,112 

H 

16  68 

dry 

do 

889,004 

1 

8,890  04 

white  and  red  lead 

do 

15,539 

5 

776  95 

whiting 

do 

272,073 

1 

2,720  73 

litharge 

do 

233 

5 

11  65 

sugar  of  lead 

do 

113,259 

5 

5,662  95 

Lead,  pig,  bar,  and  sheet 

do 

121,354 

3 

3,640  62 

shot 

do 

445 

4 

17  80 

Cordage,  cables 

do 

878 

4 

35  12 

untarred 

do 

44,610 

5 

s.-^i^K  f  ^ 

Twine  and  packthread 

Coiks 

Copper,  rods  and  holts 

Firearms,  muskets 

do 

386,043 

5 

19,302  15 
M  478  12 

dn 

15,(500 

4 

'632  00 

number 

2,422 

150 

3,c»;«  i)U 

rifles 

do 

8 

250    , 

20  00 

Iron  wire  nht  above  No.  14 

pounds 

290,032 

6 

17,401  92 

above  No.  14 

do 

226,388 

10 

22,638  80 

tacks,  &,c.  not  above  16  oz.  per  m.      M| 

13,818 

5 

690  90 

above  16  oz. 

pounds 

2,058 

5 

102  90 

nails 

do 

657,921 

5 

32,896  05 

spikes 

do 

37,184 

4 

1,487  39 

chain  cables 

do 

680,320 

3 

20,409  60 

mill  cranks 

do 

2,829 

4 

113  16 

mill  saws 

number 

4,100 

100 

4,100  00 

anchors 

pounds 

26,362 

2 

527  24 

anvils 

do 

818,955 

2 

16,379  10 

hammers 

do 

79,452 

2h 

1,986  30 

castings,  vessels  of 

do 

805,209 

H 

12,078  13 

other 

do 

702,079 

1 

7,020  79 

round  and  braziers'  rods 

do 

354,314 

% 

12,400  99 

nail  and  spike  rods 

do 

33,217 

3i 

1,162  60 

sheet  and  hoop 

do 

2,229,849 

3i 

78,044  72 

in  pigs 

cwt. 

27,392 

62i 

17,120  00 

10] 


ANNUAL  REGISTER,  1830—31. 


Rate 

VI.    ALL    OTHER   ARTICLES. 

Quantity. 

of 
duty. 

Duties. 

Iron,  bar  and  bolt,  hammered             pound? 

45,927,24C 

1 

459,272  40 

rolled                             cwt 

153,71fc 

185 

284,378  30 

Steel                                                              dc 

21,715 

150 

32,569  50 

Hemp                                                            do 

2,24S 

250 

5.605  00 

Do                                                               do 

21.581 

275 

59,347  75 

Flax                                                              do 

2,531 

225 

5,694  75 

Wool                                                     pounds 

1,035,557 

4 

41,422  28 

Wheat  flour                                              cwt 

23C 

50 

118  00 

Coal                                                      bushels 

1,567,309 

6 

94,038  54 

Wheat                                                          do 

470 

25 

117  50 

Oats                                                              do 

2,081 

10 

208  10 

Potatoes                                                          do 

21,463 

10 

2,146  30 

Paper,  folio  and  quarto  post                 pounds 

27,176 

20 

5,425  20 

printing                                               do 

3,296 

10 

329  60 

sheathing                                            do 

10,648 

3 

319  44, 

Paper,  all  other                                             do 

34,485 

15 

5,172  75 

Books  printed  previous  to  1775                 vol. 

279 

4 

11  16 

in  other  languages  than 

Latin,  &c.                          do 

102,850 

4 

4,114  00 

Latin  and  Greek,  bound          pounds 

4,243 

15 

786  45 

boards                 do 

3,557 

13 

462  41 

all  other,  bound                                do 

13,084 

30 

3.925  20 

boards                                 do 

75,903 

26 

19,734  78 

Glass  ware,  cut  and  not  specified               do 

11,153 

3 

334  59 

other  articles  of                        do 

708.958 

2 

14,179  16 

yials,  not  above  6  oz.                     gross 

834 

175 

1,459  50 

8                               do 

129 

125 

161  25 

l)ottles,  not  above  1  quart                 do 

32,244 

200 

24,488  00 

2  quarts                 do 

53 

250 

132  50 

1  gallon                do 

12 

300 

36  00 

■demijohns                                         No. 
window,  not  above  8  by  10  inches 

38,418 

25 

9,604  50 

100  sq.  ft. 

35 

300 

105  00 

10  by  12        do 

110 

350 

385  00 

10  by  15         do 

307 

400 

1,228  00 

g,                                    above  10  by  15        u«. 

12  by  t4                               do 
14  by  16                             do 

16  by  18                             do 
18  by  20                              do 
20  by  24                            do 

1,407 

500 

7,035  00 

1,675 

20 

305  00 

7,669 
53,811 
9,539 
2,944 
3,126 

25 
30 
35 
40 
45 

1,917  25 
16.143  30 
3,338  65 
1,177  60 
1,406  70 

above  20  by  24                              do 

'334 

50 

167  00 

Fish,  dried  or  smoked                          quintals 

801 

100 

801  00 

salmon,  pickled                            barrels 

1,616 

200 

3,232  00 

mackerel                                               do 

267 

150 

400  50 

other                                                      do 

392 

100 

392  00 

Shoes,  silk                                                pairs 

2,939 

30 

881  70 

prunelle                                              do 

745 

25 

186  25 

leather                                                do 

5,521 

25 

1,380  25 

children's                                           do 

539 

15 

80  85 

Boots  and  bootees                                        do 

360 

150 

540  00 

Cigars                                           •                M 

22,826 

250 

57,065  00 

Playing  cards                                          packs 

272 

30 

81  60 

Carried  forward 

2,511,405  43 

KJKVlilNUE,  1830. 


L^* 


Brought  forward 

t 

Duties. 

$2,511,405  43 

Deduct  excess  of  exportation  over  importation. 

Carpeting,  flags,  &c 

square  yards 

342  at  32  cts. 

109  44 

Candles,  tallow 

pounds 

38,978        5 

1,948  90 

Soap 

do 

48,290        4 

1,931  CO 

Tallow 

do 

79,529        1 

795  29 

Pepper 

do 

224,254        8 

17,940  32 

Tobacco 

do 

31      10 

3  10 

Cordage,  tarred 

do 

1,047,242        4 

41,889  68 

Copper,  nails  and  spikes     do 

2,147        4 

85  88 

Flax 

cwt. 

804    175 

1,512  00 

Do 

do 

20    200 

40  00 

Paper,  foolscap 

pounds 

107,421      17 

18,261  57 

, 

Exported  at  former  rates. 

Sail  duck 

square  yards 

59,712        9 

5,374  08 

Cotton  bagging 

do 

24,908        4i 

1,120  85 

Indigo 

pounds 

63,219      15 

9,482  85 

White  lead 

do 

148,597        4 

5,943  88 

Bar  lead 

do 

487,904        2 

5,758  08 

Leaden  pipes 

do 

13,842        5 

692  10 

Iron,  sheet  and  hoop 

cwt.  • 

814      50 

407  00 

bar,  rolled 

do 

470    150 

705  00 

hammered 

do 

100      90 

90  00 

Hemp 

do 

350    225 

787  50 

Vials  not  above  6  oz. 

gross. 

44    100 

44  00 

118,923  12 

^ 

$2,392,482  3J 

12]  ANNUAL  REGISTER,  1830—31. 

OPERATIONS  OF  THE  LAND  OFFICES. 


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EXPENDITURES  IN  1830. 


[13 


STATEMENT  of  moneys  received  into  the  Treasury  from  all  sources  other  than 
Customs  and  Public  Lands,  during  the  year  1830. 


I 


From  dividends  on  stock  in  the  Bank  of  the  United 

States, 

$490,070  00 

Arrears  of  direct  tax, 

$16,980  59 

Arrears  of  internal  revenue, 

12,160  62 

Fees  on  letters  patent, 

16,350  00 

Gents  coined  at  the  Mint, 

13,605  26 

Fines,  penalties,  and  forfeitures, 

359  21 

Postage  of  letters, 

55  13 

Surplus  emoluments  of  officers  of  the  customs, 

11,096  18 

Interest  on  debts  due  by  banks  to  the  United 

States, 

170  25 

Proceeds  of  the  schooners  Marino  and  Louisa, 

and  their  cargoes,  condemned  under  the  acts 

prohibiting  the  slave  trade, 

2,584  93 

An   unknown   person,  stated  to  be   due   the 

United  States, 

2,000  00 

Moneys  previously  advanced  on  account  of 

ascertaining  land titles  in  Louisiana, 

Moneys  previously   advanced  on  account  of 

700  00 

military  pensions, 

353  24 

Moneys  previously  advanced  on  account  of  the 
first  article  of  the  treaty  of  Ghent, 

98  49 

Balances  of  advances  made  in  the  War  De- 

, 

partment,  under  the  3d  section  of  the  act  of 

1st  May,  1820, 

25,855  08 

102,368  98 

$592,368  98 

From  the  customs 
public  lands 


$22,697,679  46 
2,329,356  14 

Total        $25,619,404  58 


Statement  of  the  Expenditures  of  the  U.  States  for  the  year  1830. 


civrL,  miscellaneous,  and  foreign 
intercourse. 
Legislature  $692,754  16 

Executive  Departments  541,973  25 

Officers  of  the  Mint  9,600  00 

Surveyors  and  their  clerks      19,661  65 
Commissioner  of  the  Public 

Buildings  2,000»  00 

Governments  in  the  Territo- 
ries of  the  United  States       52,411  84 
Judiciary  261,323  74 


Annuities  and  grants 
2 


$1 


,579,724  64 
1,900,00 


Mint  establishment  32,430  00 

Extending  the  Mint  estab- 
lishment 57,000  00 

Unclaimed  merchandise  266  47 

Lighthouse  establishment      238,702  63 

Surveys  of  public  lands  73,894  69 

Registers  and   Receivers  of 

land  offices  1,625  00 

Preservation  of  the  public 
archives  in  Florida  955  50 

Land  claims  in  Florida  Terri- 
tory 2,598  26 

Roads  within  the  State  of 
Ohio  12,371  21 


14] 


ANNUAL  REGISTER,  1830—31. 


Pvoads  and  canals  within  the 

State  of  Indiana  14,226  83 

Roads  and  canals  within  the 

State  of  Mississippi  3,905  86 

Repayments  for  lands  erro- 
neously sold  by  the  United 
States  100  00 

Marine  hospital  establish- 
ment 68,996  96 

Public  buildings,  Washing- 
ton 4,000  00 

Penitentiary  in  the  District 

of  Columbia  12,000  00 

Payment  of  balances  to  col- 
lectors of  new  internal  rev- 
enue 308  oS 

Stock  in  the  Chesapeake  and 

Ohio  Canal  Company  275,000  00 

Building  custom-houses  and 

ware-houses  30,740  54 

Boundary  line  between  the 
Territory  of  Arkansas  and 
State  of  Louisiana  300  00 

Fifth  census  of  the  United 

States  40,000  00 

Preparing  abstracts  of  all  for- 
mer censuses  of  the  Uni- 
ted States  2,000  00 

Revolutionary  claims  229,196  03 

Miscellaneous  expenses  261,015  53 


Diplomatic  department 

Contingent  Expenses  of  for- 
eign intercourse 

Agency  in  relation  to  the 
northeastern  boundary 

Relief   and    protection    of 
American  seamen 

Treaties  with  Mediterranean 
powers 

Prize  causes 

Expense  of  evidence  in  rela- 
tion to  aggressions  by  the 
inhabitants  of  New  Bruns- 
wick 


,363,624  13 
187,252  65 


30,000  00 

5,757  17 

25,808  86 

36,500  00 
8,000  00 

|748  59 
294,067  27 
3,237,416  04 


MILITARY    ESTABLISHMENT. 

Pay  of  the  army  and  subsist- 
ence of  officers  1,073.478  50 
Subsistence  230,642  90 
Quartermaster's  department  401,745  18 
Forage  45,367  11 
Clothing  156,671  20 
Bounties  and  premiums  21,977  44 
Expenses  of  recruiting  7,949  35 
Medical  and  hospital  depart- 
ment 24,086  82 
Gratuities  495  67 


Contingencies  8,191  71 

Arrearages  8,828  48 

Invalid  and  half  pay  pen- 
sions 270,414  18 

Pensions  to   widows   and 

orphans  3,854  74 

Revolutionary  pensions        1,667,947  33 

Pensions  per  act  of  20th 

May,  1830  21,081  06 

Printing,  binding,  and  dis- 
tributing infantry  tactics       14,235  00 

Purchase  of  lithographic 
press,  (fee,  for  the  War 
Department  *  600  00 

Military  Academy  at  West 
Point  24,291  64 

Military    laboratory    and 

workshop  at  West  Point         2,221  87 

Armories  341,171  25 

Purchase    of   land    near 

Springfield  armory  2,200  00 

National  armory  at  Har- 
per's ferry  11,800  00 

Arsenals  57,396  30 

Arsenal  at  Springfield,  Ms.       14,000  00 

Arsenal  at  Mount  Vernon, 

Alabama  26,800  00 

Purchase  of  land  for  Ar- 
senal   at    Watertown, 
Massachusetts  450  00 

Ordnance  55,489  85 

Armament  of  fortifications     121,908  54 

Arming  and  equipping  mL- 

litia  195,301  68 

Repairs  and  contingencies 
of  fortifications  15,929  85 

Fort  Adams  73,166  28 

Hamilton  86,000  00 

Delaware  3,000  00 

Security  of  Pea  Patch  isl- 
and, &c.  Fort  Delaware        25,000  06 

Fort  Monroe  100,000  00 

Calhoun  100,000  00 

Macon  62,025  00 

Jackson  70,000  00 

At  Oak  island,  Cape  Fear, 

North  .Carolina  64,490  58 

At  Mobile  point  81,750  00 

Purchase  of  site  for  a  fort 

on  Cockspur  island,  Geo.         5,000  00 

Repair  and  preservation  of 

Fort  Lafayette  10,600  00 

Fortifications  at  Charles- 
ton, South  Carohna  34,859  00 

Fortifications  at  Savannah, 

Georgia  33,870  00 

Fortifications  at  Pensacola, 

Florida  151,000  00 

Construction  of  a  wharf  at 

Fort  Delaware  2,000  00 

Payment  of  the  land  upon 
which  the  barracks  are 
erected  at  Houlton,  Me.  629  21 


EXPENDITURES  IN  1830. 


[15 


Barracks  at  Fort  Trum- 
bull, N.  London,  Conn.  6,600  00 

Barracks  at  Fort  Severn, 

Annapolis,  Maryland  4,000  00 

Barracks  at  Fort  Winne- 
bago, Northwest  Terri- 
tory 817  91 

Barracks  at  Fort  Crawford, 
Praire  du  Chien,  North- 
west Territory 

Barracks  at  Fort  Gratiot, 
Michigan 

Barracks  at  Fortress  Mon- 
roe, Virginia 

Barracks  at  Key  West,  and 
for  other  purposes 

Jefferson  barracks,  Missouri 

Erection  of  a  storehouse  at 
Baton  Rouge 

Erection  of  a  breakwater 
near  the  mouth  of  Dela- 
ware bay 

Building  piers,  Oswego 
river.  New  York 

Building  piers,  Buffalo 
creek.  New  York 

Building  piers,  Allen's 
rocks,  Warren  river,  R. 
Island  ' 

Building  piers,  La  Plais- 
ance  bay,  Michigan 

Building  piers  and  other 
works  at  Stonnington, 
Connecticut 

Building  piers,  Dunkirk, 
New  York 

Preservation  of  Island,  Bos- 
ton harbor,  Mass. 

Extending  piers.  Black 
Rock,  New  York 

Preservation  of  Province- 
town  harbor,  Mass. 

Preservation  of  Plymouth 
beach,  Mas§. 

Deepening  the   harbor  of 
Sacke 
York 

Deepening  the  harbor  of 
Mobile,  Alabama 

Deepening  the  channel 
through  the  Pass  au  He- 
ron, near  Mobile  bay 

Deepening  the  channel 
mouth  ot'Pascagoula  riv- 
er, Mississippi 

Deepening  the  channel  be- 
tween St  John's  river 
and  St  Mary's  harbor 

Improving  the  navigation 
of  the  Ohio  and  Missis- 
sippi rivers  59,023  65 

Improving  the  navigation 

of  Red  river,  Arkansas         12,714  00 


4,354  63 

5,000  00 

8,500  00 

'^,000  00 
5,000  00 

2,000  00 

269,222  00 

7,059  97 

15,488  00 

30  18 

118  05 

9,712  72 

1,342  75 

20,268  68 

3,198  00 

2,300  00 

1,850  00 

800  00 

6,900  00 

2,600  00 

1,600  00 

2,998  75 

00 
56 
3,200  00 


4,965 


Improving  the  navigation  of 

Mill  river.  Conn.  2,156  00 

Improving  the  navigation  of 

Genesee  river.  New  York    13,335  00 

Improving  the  navigation 
of  Cape  Fear  river.  North 
Carolina  32,500  00 

Improving  the  navigation  of 

Conneaut  creek,  (Jhio  7,045  65 

Improving  the  harbor  of  Hy- 
annis,  Massachusetts  6,517  82 

Improving  the  harbors  of 
Newcastle,  Marcus  Hook, 
Chester,  and  Port  Penn 

Fmproving  the  harbor  of 
Cleveland,  Ohio 

Removing  obstructions  Ken- 
nebec river,  Maine 

Removing  obstructions  Ber- 
wick branch  of  Piscataqua 
river.  New  Hampshire  1,930  00 

Removing  obstructions  Mer- 
rimack river,Massachusetts    3,506  72 

Removing  obstructions  Nan- 
tucket harbor,  Massachu- 
setts 10,347 

Removing  obstructions  Big 

Sodus  bay.  New  York  15,780 

Removing    obstructions 

Grand  river,  Ohio  5,563 

Removing  obstructions  Hu- 
ron river,  Ohio  1,880 

Removing  obstructions  Ash- 
tabula creek,  Ohio  1,428 

Removing  obstructions  Black 

river,  Ohio  8,559 

Removing  obstructions  Oc- 
racoke  inlet,  N.  Carolina      16.800 


Removing  obstructions   Ap- 

palachicola  river,  Florida        2,000 

Removing  obstructions  riv- 
er and  harbor  of  St  Mark's, 
Florida  ^       7,000 

Surveys  and  estimates  roads 
and  canals  29,952 

Cumberland  road  east  of 
Zanesville  64,976 

Cumberland   road   in   Ohio^ 

west  of  Zanesville  115,000 

Cumberland  road  in  Indiana    34,700 

Cumberland  road  in  Illinois     12,155 

Road  from  Mattanawcook  to 

Mars  hill,  Maine  42,983 

Road  from  Detroit  to  Fort 

Gratiot  10,350 

Road  from  Detroit  to  Saga- 

naw  bay  5,350 

Road  from  Detroit  to  Chicago     7,750 

Road  from  Pensacola  to  St 
Augustine  5,369  72 

Road  between  Alachua  court 

house,  Jacksonville,  Flor.       1,000  00" 

Florida  canal  3,796  59 


00 
00 
18 
36 
57 
77 
00 
00 

00 
60 

82 

00 
00 
00 

76 

00 

00 
00 


16] 


ANNUAL  REGISTER,  1830—31, 


Payment    to    the    State    of 

Pennsylvania  for  military 

services  in  1794 
Relief  of  the  mayor  and  city 

council  of  Baltimore 
Relief  of  the  president  and 

directors,  &c.,of  the  bank 

of  Chillicothe 
Relief  of  the  church-vs^ardens 

of  Elizabeth  city  parish  ,Va. 
Payment   for   property   lost. 

captured,  or  destroyed 
Ransom   of   American   cap- 
tives in  the  late  war 
Relief  of  officers  and  others 

engaged  in  the  Seminole 
•     war 
Relief  of  the  representatives 

of  James  Davenport,  de- 
ceased 
Relief  of  the  representatives 

ol  Benjamin  Clarke 
Relief  of  sundry  citizens  of 

Arkansas 
Relief  of  sundry  individuals 
Civilization  of  Indians 
Pay  of  Indian  agents 
Pay  of  Indian  sub-agents 
Presents  to  Indians 
Contingencies  of  Indian  de- 
partment 
Suppression   of   Indian    ng- 

gressions  on  the  frontiers 

of  Georgia  and  Florida 
Choctaw  schools 
To   aid    the    emigration    of 

Creek  Indians 
Expenses   of   an   exploring 

delegation  of  Indians 
To  extinguish  the  claims  of 

Cherokee  Indians  to  lands 

in  Georgia 
To   extinguish   the   title   of 

Peter  Lynch  to  lands  in 

Georgia 
To  provide  for  an  exchange 

of  lands  and  the  removal 

of  Indians 
For  effecting  certain  Indian 

treaties,  per  act  20th  May, 

1826 
For  effecting  a  treaty  with 

the  Creek  Indians,  per  act 

22d  May,  1826 
For  effecting  certain  Indian 

treaties,  per  act  24th  May, 

1828 
For  effecting  certnin  Indian 

treaties,  per  act  2d  March, 

1829 
For  effecting  certain  Indian 

treaties,  per  act  25th  Mar., 

1830 


13,795  54 

14,844  71 

2,362  85 

130  50 

18  86 

97  33 

6  00 


368  71 

242  80 

6,756  00 
45,131  11 

8,865  50 
26,546  97 
18,917  33 
14,762  05 

80,089  42 


1,544  45 

4,702  25 

38,110  44 

819  63 

627  50 

3,000  00 

17,625  00 

108  26 

33,178  87 

13,256  60 

39,025  59 

82,413  88 

For  effecting  the  treaty  of 
Butte  des  Morts,  per  act 
20th  May,  1830  22,682  10 

For  expenses  of  holding  cer- 
tain Indian  treaties,  per 
act  7th  April,  1830  12,939  75 

Annuities  to  Indians  205,995  75 


6,783,882  88 

From  icJiich  deduct  the  following  repay- 
ments : 
Payment  of  Georgia  militia 

claims  12,525  16 

Opening  the  old  King's  road 

in   Florida  2,147  62 

Pay  of  the  Illinois  and  other 

militia  1,886  47 

Fort     Rigolets    and    Chef 

Menteur  88 

Fortifications  99  12 

Barracks  at  Michilimackinac  25  82 

Completion     of    sea     wall 

George's   island,    Boston 

harbor  49  86 

Survey  of  the  southern  shore 

of  lake  Ontario,  New  York  9  47 

Survey   of  Genessee  river 

and  harbor,  New  York  143  95 

Survey   of  the    mouth  of 

Sandy  creek,  New  York  172  56 

Survey  of  the  passes  at  the 

mouth  of  the  Mississippi  88  60 

Road   from   Fort  Smith  to 

Fort  Towson  494  50 

Expenses   of  a  brigade   of 

militia  10,601  34 

Running  the  Indian  bound- 
ary line  in  Florida  135  49- 
Purchase     of    Creek    and 

Cherokee  reservations  of 

lands  in  Georgia  2,100  00 

Expenses  of  treating  with 

the  Choctawsand  Chick- 

asaws  658  00 

Treaties  with   the  Indians 

beyond  the  Mississippi  55  38 


31,194  22 

6.752,688  66 


NAVAL    ESTABLISHMENT. 

Pay  and  sul)sistence  of  the 

navy  afloat  1,126,477  6S 

Pay  and  subsistence  of  the 

navy  store  stations  50,425  50 

Pay  of  superintendents,  ar- 
tificers, &c.  60,746  06 

Provisions  315,211,  89 

Medicines  and  hospital 
stores  33,175  35 


EXPENDITURES  IN  1830. 


Repairs  and  improvements 

of  navy  yards  57,574 

Timber  shed,  Portsmouth  8, 04 1 

Do.      Boston  19,000 

Do.      New  York  4,393 

Do.      Washington  7,802 

Timber  docks   at   Norfolk, 

Washington,  and  Boston     10,298  85 

Repairing  and  enlarging 
wharves  at  Washington 
and  Norfolk  5,225  20 

Repair  of  store-houses  at 
Washington,  and  for  two 
building  ways  at  Norfolk       6,138  89 

Ordnance    and    ordnance 

stores  16,425 

Gradual  increase  of  the  navy    18,295 

Gradual  improvement  of  the 
navy  440,861 

Building  ten  sloops  of  war       17,927 

Repairs  of  vessels  567,130 

Covering    and    preserving 

ships  in  ordinary  18,983 

Five  schooners,  per  act  15th 

May,  1820  58 

Agency  on  the  coast  of  Af- 
rica 4,585 

Reimbursement  of  the  mar- 
shal of  Florida  expenses 
of  certain  Africans  5,542 

Captors  of  Algerine  vessels  19 

Relief  of  sundry  individuals      1,432 

Relief  of  Charles  Wilkes,  jr.     ]  ,290 

Relief  of  the  widows  and 
orphans  of  the  officers, 
seamen,  and  marines  of 
the  sloop  of  war  Hornet, 
per  act  24th  April,  1830         8,293 

Navy  hospital  fund  4,916 

Arrearages  prior  to  1828  1,991 

Contingent  expenses  for  1824       279 
Do  do       for  1825         26 

Contingent  expenses  not  en- 
umerated for  1828  1,606 

Contingent  expenses  for  1829  34,795 

Contingent  expenses  not  en- 
umerated for  1829  1,619 

Contingent    expenses    for 
1830  221,834 

Contingent  expenses  not  en- 
umerated for  1830  1,331 

Pay  and   subsistence   of  the 

marine  corps  124,367 

Subsistence  of  400  non-com- 
missioned officers,  &c.,  of 
the  marine  corps  serving 
on  shore  14,410 

Extra  emol  uments  of  officers 

of  the  marine  corps  17,295 

Clothing  of  the  marine  corps   39,431 

Medicines  and  hospital  stores 

for  the  marine  corps  1,976 

2^ 


Military  stores  for  the  marine 

corps 
Repairing   marine   barracks 

at  Washington 
Fuel  for  tlie  marine  corps 
Contingent  expenses  for  the 

marine  corps 


[17 


2,118  15 

3,000  GO 
9,030  28 

9,066  26 


3,295,054  17 

From  which  deduct  the  following  repay- 
ments : 

Survey  of  the  harbors  of  Sa- 
vannah and  Brunswick  98  27 

Navy  pension  fund  5,923  32 

Privateer  pension  fund  223  63 

Contingent   expenses    prior 

to  1824  165  24 

Contingent  expenses  for  1827  12  37 

Contingent  expenses  not  en- 
umerated for  1827  8  46 

Contingent  expenses  for  1828  24,715  58 

Repairs,  and  building  sloops 

of  war  1,518  00 

Ship  houses  230  00 

Laborers,  and  fuel  for  engine  8,259  54 

Navy  yard,  Pensacola  8,876  07 

Inclined   plane,  docks,  and 

wharves  883  72: 

Rewarding  officers  and  crew 
of  the  sloop  of  war  Hor- 
net, Lieut.  Elliot  and  oth- 
ers, per  act  13th  July,  1813  3,180  44 

Arrearages  prior  to  1827  50 

Arrearages  prior  to  1829  1,524  00 

Contingent  expenses  for  1823  6  40 


55,625  54 
3,239,428  63 


PURLIC    DEBT. 

Interest  on  the  funded  debt  1,912,574  93 

Redemption  of  6  per  cent, 
stock  of  1815,  (loan  of 
18,450,000)  6,440,556  27 

Redemption  of  the  5  per 

cent,  stock  of  1817  3,000,000  00 

Principal  and  interest  of 

Treasury  notes  1,434  77 

Reimbursement  of  Missis- 
sippi stock  600  00 

Paying   certain   parts   of 

domestic  debt  583  97 


11,355,749  94 
Deduct  repayment  for  re- 
demption of  6  per  cent, 
stock  of  18 J  3  1  72 


11,355,748  22 


Total,        $24,585,281  55 


18] 


ANNUAL  REGISTER.  1830—31. 


STATEMENT  of  the  amount  of  duties  secured  in  1829  and  1830,  on  wool^ 
woollens,  cottons,  iron,  hemp,  cordage,  and  sugar. 


ARTICLES. 

In  1829. 

In  1830. 

On  wool 

On  woollens : 
Not  exceeding  33^  cents  per  square  yard 

Do                 50                            do                    -                - 
Do               100                           do 
Do               250                          do 
Do               400                          do 
Above             400                          do 
On  blankets                    .... 
Ivosie'ry            .                _                .                .                . 
worsted  stuff  goods                  .                 _                . 
carpeting,  Brussels,  Wilton,  &c. 
Venetian  and  ingrain 
other  manufactures  of  wool 

$39,701 

160,096 
260,904 
598,012 
519,845 

40,602 

4,402 

172,245 

88,308 
434,713 

47,173 
129,514 
242,260 

41,668 

159,300 
217,579 
478,016 
5  64.721 

28.128 

i;216 

227,308 

51,397 
383,495 

51,789 

62,055 
105,206 

2,698,074 

2,330,210 

On  cottons,  printed  and  colored           .                 -                 . 
white          .                 -                 -                 _ 
other  manufactures  of                   ... 

]  ,015,549 
537,563 
338,480 

933.727 
559,215 
174,12a 

1,891,592 

1,667,065 

On  iron  :  on  articles  paying  duty  ad  valorem 

on  pig                     .                 .                 -                - 
on  bar,  rolled 

hammered                 ... 
on  other  articles  paying  specific  duties 

834,028 
16,068 
199,145 
791,139 
224,944 

804,432 
17,552 
293,406 
465,463 
253,264 

2,065,324 

1,924,117 

On  hemp               "                ■                "                " 

199,702 

65,453 

On  cordage,  tarred        ...                - 
untarred             «                -                - 

23,525 
11,401 

34,926 

20,497 
4,843 

25,340 

On  sugar,  brown           .... 

white  and  clayed                 -                -                - 

1,434,961 

129,298 

2,923,929 
409,426 

1,564,259 

3,333,355 

RECAPITULATION. 

On  wool                  .                .                -                - 
woollens                   .                -                -                - 
cottons             -                -                -                • 
iron          .               .               -               -                - 
hemp                -                -                -                ■ 
cordage 
sugar                -                -                -                * 

39,701 

2,698,074 

1,891,592 

2,065.324 

199,702 

34.926 
1,564,259 

41,668 
2,330,210 
1,667,065 
1,924,117 
65,453 
2.5,340 
3,333,355 

8,493,578 

9,387,208 

COMMERCE. 


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22] 


ANNUAL  REGISTER,  1830—31. 


STATEMENT  exhibiting  a  condensed  view  of  the  Tonnage  of  the  several  Dis- 
tricts of  the  United  States,  on  the  last  day  of  December,  1829 


Registered  Ton- 

Enrolled and  li- 

Total Tonnage 

DISTRICTS. 

nage. 

censed  tonnage 

of  each  District 

Tons  and  95th8. 

Passamaquoddy,  Maine 

11,816  76 

3,238  58 

15,055  39 

Machias 

359  29 

4,233  89 

4,593  23 

Frenchman's  Bay    - 

3,233  60 

5,303  67 

8,537  32 

Penobscot 

4,160  46 

14,085  60 

18,246  11 

Belfast       - 

2,636  80 

13,299  12 

15,935  92 

Waldoborough 

3,356  85 

21,277  90 

24,634  80 

Wiscasset 

2,765  90 

3,454  78 

6,220  73 

Bath 

19,054  59 

12,544  46 

31,599  10. 

Portland 

29,608  58 

15,013  71 

44,622  34 

Saco 

1,674  83 

2,322  77 

3,997  65 

Kennebunk 

5,499  78 

2,193  09 

7,692  87 

York 

251  91 

1,120  35 

1,378  31 

Portsmouth,  New  Hampshire 

13,451  29 

6,571  17 

20,022  46 

Newburyport,  Massachusetts 

11,215  78 

7,398  8  3 

18,614  66 

Ipswich 
Gloucester 

160  84 

2,215  54 

2,376  43 

1,981  35 

10,601  87 

12,583  27 

Salem 

28,518  71 

6,260  88 

34,779  64 

Marblehead 

1,698  36 

6,137  05 

7,835  41 

Boston 

107,440  35 

37,082  66 

144,523  06 

Plymouth 

11,492  49 

9,078  16 

20,570  65 

Dighton 

111  14 

3,810  35 

3,921  49 

New  Bedford 

39,473  93 

11,911  86 

51,385  84 

Barnstable 

2,225  53 

24,577  48 

26,803  06 

Edgartown 

2,633  17 

1,161  82 

3,800  04 

Nantucket 

20,111  02 

3,482  43 

23,593  45 

Providence,  Rhode  Island 

12,057  58 

5,522  35 

17,579  93 

Bristol      - 

5,574  88 

2,758  77 

8,333  70 

Newport 

6,318  38 

3,911  58 

10,230  01 

Middletown,  Connecticut 

2,982  58 

8,989  44 

11,972  07 

New  London 

10,096  07 

6,726  39 

16,822  46 

New  Haven 

3,316  77 

5,188  25 

8,505  07 

Fairfield 

520  90 

8,368  07 

8,889  02 

Vermont 

1,831  94 

127  06 

1,959  05 

Champlain,  New  York 

2,417  38 

2,417  38 

Sackett's  Harbor 

95  08 

835  51 

930  59 

Oswego    -                -                - 

122  50 

576  15 

698  65 

Niagara 

61  87 

49  00 

110  87 

Genesee 

163  89 

345  68 

509  62 

Oswegatchie      - 

53  20 

53  20 

Buffalo  Creek 

1,479  33 

1,479  33 

Sag  Harbor 

3,632  28 

2,758  22 

6,390  50 

New  York 

110,993  21 

150,711  12 

261,704  33 

Cape  Vincent    - 

45  45 

156  17 

201  62 

Perth  Amboy,  New  Jersey 

7,510  52 

7,510  52 

Bridgetown 

175  08 

10.100  29 

10,275  37 

Burlington 

'       2,385  03 

2,385  03 

Little  Egg  Harbor 

2,783  34 

2,783  34 

Great  Egg  Harbor 

117  42 

9,393  84 

9,511  31 

Philadelphia,  Pennsylvania 

50,156  74 

27,161  61 

77,318  40 

Presque  Isle 

78  20 

332  12 

410  32 

Wilmington,  Delaware    - 

5,382  17 

5,382  17 

Baltimore,  Maryland 

30,578  02 

14,931  20 

45,509  22 

Oxford 

9,357  44 

9,357  44 

Vienna 

536  56 

10.620  22 

11,156  78 

Snow  Hill 

79  66 

3,418  05 

3,497  71 

TONNAGE. 

STATEMENT— Continued. 


[23 


DISTRICTS. 


Registered  Ton- 
nage. 


Enrolled  and  li-jTotal  Tonnage 
censed  tonnage. 'of  each  District 


Tons  and  95ths. 


Annapolis 

3,732  26 

3,732  26 

St  Mary's 

1,555  71 

1,555  71 

Georgetown,  Dist.  of  Columbia 

1,551  09 

1,677  88 

3,229  02 

Alexandria 

4,403  13 

3,971  79 

8,374  92 

Norfolk,  Virginia 

6,863  70 

5,317  09 

12,180  79 

Petersburg 
Richmond 

2,517  80 

1,469  75 

3,987  60 

2,264  29 

1,119  75 

3,384  09 

Yorktown 

1,287  64 

1,287  64 

East  River 

692  21 

1,895  49 

2,587  70 

Tappahannock 

2,013  41 

1,424  75 

3,438  21 

Folly  Landing 

79  55 

2,001  86 

2,081  46 

Cherrystone 

74  68 

1,840  41 

1,915  14 

Wilmington,  North  Carolina 

9,396  16 

233  75 

9,629  91 

Newbern 

3,358  84 

2,451  41 

5,810  3e 

Washington 

1,914  47 

1,822  62 

3,737  14 

Edenton 

2,912  48 

2,495  92 

5,408  45 

Camden 

2,904  31 

2,189  84 

5,094  20 

Beaufort 

611  03 

552  48 

1,163  51 

Plymouth 

1,496  15 

253  08 

1,749  23 

Ocracoke 

788  87 

1,124  42 

1,913  34 

Charleston,  South  Carolina 

7,842  03 

5,232  55 

13,074  58 

Georgetown 

457  48 

457  48 

Beaufort 

145  94 

145  94 

Savannah,  Georgia 

6,076  03 

1,647  76 

7,723  79 

Sunbury 

Brunswick 

1,418  04 

252  04 

1,670  08 

St  Mary's 

649  92 

649  92 

Miami,  Ohio 

Cuyahoga 

54  77 

843  27 

898  09 

Sandusky 

497  65 

497  65 

Detroit,  Michigan 

938  51 

938  51 

Michilimackinac 

Mobile 
Blakely     - 
Pearl  River       - 

4,625  20 

2,807  84 

7,433  09 

568  79 

568  79 

New  Orleans 

18,737  25 

26,013  74 

44,751  04 

Teche 

101  50 

426  23 

527  73 

Pensacola,  Florida 

124  29 

339  55 

463  84 

St  Augustine 

664  41 

664  41 

St  Mark's 

132  65 

132  65 

Key  West 

369  80 

359  41 

729  26 

Total, 

650,142  88 

610,654  88 

1,260,977-81- 

24] 


ANNUAL  REGISTER,  1830-^1. 


A  STATEMENT  exhibiting  the  quantity  of  American  and  Foreign  Tonnage 
entered  into  and  departing  from  each  District,  durinar  the  year  ending;  on  the 
30th  day  of  September,  1830. 


American. 

Foreign. 

DISTRICTS. 

Entered. 

Departed. 

Entered. 

Departed. 

Tons. 

Passamaquodtly 

20,242 

28,942 

4,281 

4,658 

Machias 

603 

340 

927 

927 

Freiichtrian's  Bay 

3,116 

3,216 

Waldoborough 

3,327 

1,093 

Wiscasset        - 

789 

619 

Portland 

26,642 

38,560 

170 

170 

Bath 

9,880 

12,065 

410 

Penobscot 

2)667 

1,765 

Kennebunk    -           '    - 

1,080 

2,172 

Saco        ... 

87 

273 

Belfast 

930 

2,494 

York        - 

90 

Portsmouth     ... 

9,416 

4,632 

Vermont 

29,741 

19,290 

Newburyport 

5,480 

4,301 

Ipswich 

88 

Gloucester       ... 

2,743 

2,387 

Salem      - 

17,603 

19,622 

Maiblehead 

1,449 

879 

Boston     -                .                 . 

108,665 

88,232 

4,663 

5,176 

Plymouth       - 

4,670 

2,237 

Nantucket 

111 

Ed^arlown      -                -                . 

5,756 

4,803 

New  Bedford 

20,841 

24,702 

Barnstable      -                -                . 

1,447 

873 

Dighton 

78 

Newport         ... 

3,540 

2,517 

Bristol      - 

4,877 

4,835 

Providence     ... 

8,259 

6,742 

New  London 

6,494 

8,747 

77 

Middlelown    . 

2,995 

1,679 

New  Haven 

6,086 

7,859 

Fairfield 

596 

New  York 

273,790 

210,535 

31,391 

32,620 

Sag  Harbor    . 

3,150 

3,957 

Champlain 

14,994 

8,211 

Oswego            ... 

2,865 

3,137 

2,826 

2,826 

Buffalo 

553 

553 

Sackett's  Harbor 

1,708 

1,773 

35 

36 

Genesee 

1,374 

1,175 

1,092 

1,092 

Perth  Amboy 

537 

627 

Bridgetown 

49 

Philadelphia 

72,009 

62,959 

5,007 

4,870 

Presque  Isle 

63 

Delaware        .                -                - 

1,691 

962 

141 

141 

Baltimore 

54,806 

54,416 

6,315 

3,836 

SnowHUl      - 

367 

368 

Vienna 

144 

144 

Oxford 

92 

Georgetown 

2,220 

1,076 

Alexandria     ... 

8,238 

12,727 

Norfolk 

11,924 

14,137 

2,406 

1,861 

Petersburg      .                .                 - 
Richmond 

5,121 

12,191 

961 

6,757 

13,939 

427 

1,483 

East  River     - 

828 

550 

Tappahannock 
Folly  Landing 

776 

2,299 

236 

259 

Cherrystone 
Wilmmgton 

355 

340 

15,059 

21,336 

1,770 

1,772 

Newbern 

4,841 

4,331 

Washington 

1,683 

1,936 

Edenton 

1,726 

2,985 

Camden 

3,353 

3,680 

Plymouth 

776 

2,324 

Beaufort         ... 

113 

Ocracoke 

206 

Charleston      .                .                - 

«),781 

52,031 

21,760 

20,405 

Georgetown 

Savannah       -                -                - 

.  78 
19,031 

433 
50,058 

7,347 

8,729 

Brunswick 

218 

336 

756 

756 

Pensacola       ... 

781 

385 

St  Augustine 
Key  West      - 
Mo"bile    - 

143 

520 

316 
665 

186 
132 

93 
112 

10,490 

22,277 

4,826 

4,069 

Teche 

27 

Mississippi 

Oiivahntra         ... 

83,243 
56 

106,017 
56 

85,393 
49     , 

36,317 
49 

COMMERCE. 


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COMMERCE. 


[29 


Note. — The  decrease  in  the  Enrolled  Tonnage  j 

or  the  year  1829 

,  is  shown  as  follows  : 

Enrolled  Vessels. 

Enrolled 
Tonnage. 

Ships. 

Brigs. 

Sch'rs. 

Sloops. 

Steam- 
boats. 

Tons.  95ths. 

There  were  sold  to  foreigners, 
for  the  year  1829 

There  were  lost  at  sea,  for  the 
year  1821) 

There  were  condemned  as  un- 
seaworthy,  for  the  year  182?) 

There  were  lost  at  sea,  or  con- 
demned, in  previous  years,  not 
heretofore  credited 

• 

5 
3 

41 
15 

23 
54 

• 

j       4,912  83 

3,290  48 

i 

;  313,832  03 

8 

56 

77 

i  322,035  39 

There    were   built,   during  the 

year  1829 
Diminution  of  enrolled  tonnage 

1 

23 

446 

138 

40 

48,221  86 
273,813  48 

i  322,035  39 

1 

23 

446 

138 

40 

Note. — The  decrease  in  the  Registered  Tonnage  for  the  year  1829,  is  shown  as 

foUoics : 


Registered  Vessels. 


!  Registered 
I    Tonnage. 


Ships.  Brigs.  Sch'rs.  Sloops  -u^^^ 


Tons.   95ths. 


There  were  sold  to  foreigners 
for  the  year  1829 

There  were  lost  at  sea,  for  the 
year  1829 

There  were  condemned  as  un 
seaworthy,  for  the  year  1829 

There  were  sold  to  foreigners 
lost  at  sea,  or  condemned,  in 
previous  years,  not  hereto- 
fore credited 


There  were  built,  during  the 
year  1829 

Diminution  of  registered  ton- 
nacre 


35  I  37 

I 

36  !  29 

23    ;  3 

I 

•     I  • 


38 


94     I     69 


43 


45     ,     39 


43 


45         39 


13 


Amount  of  diminished  registered  tonnage,  above,  brought  down 
Do  do  enrolled  tonnage,  brought  over 

Do  do         licensed  tonnage  under  20  tons,  above,  bro't 

down 


3* 


]  4,093  22 
12,780  00 

8,164  22 

156,315  74 


191,353  23 


28,876  74 
162,476  44 


191,353  23 


1(52,476  44 
273,813  |18 

44.304  00 


30] 


ANNUAL  REGISTER,  1830—31. 


SUMMARY  STATEMENT  of  the  quantity  and  value  of  Goods,  Wares,  and 
Merchandise^  imported  into  the  United  States,  in  American  and  Foreign 
Vessels,  commencing  on  the  1st  day  of  October,  1829,  and  ending  on  the  30th 
day  of  September,  1830, 


SPECIES  OF  MERCHANDISE. 

In  American 

vessels. 

In  foreign 

vessels. 

Total. 

VALUE    OF    MERCHANDISE    FREE    OF    DUTY. 

Articles  imported  for  the  use  of  the  U.  States 

430 

- 

43a 

Articles   specially   imported  for  Philosophical 

Societies,  <^c. 

Philosophical  apparatus,  instruments,  &c. 

9,830 

. 

9,830 

Books,  maps  and  charts 

17,090 

2,531 

19,621 

Paintings  and  drawings 

322 

. 

322 

Medals  and  collections  of  antiquity 

95 

. 

95 

Anatomical  preparations 

274 

. 

27 

Antimony,  regulus  of 

6,745 

- 

6,745 

Lapis  calaminaris,  teutenegue,  spelter,  or  zinc 

2.560 

- 

2;560 

Burr  stones,  unwrought 

16;317 

- 

16,317 

Brimstone  and  sulphur 

17,240 

- 

17.240 

Cork  tree,  bark  of       - 

2,538 

. 

2;538 

Clay,  unwrought 

8,302 

746 

9,048 

Rags  of  any  kind  of  cloth        ... 

68.739 

3,922 

72,661 

Furs  of  all  kinds 

303,151 

2,631 

305,782 

Hides  and  skins,  raw 

2,369,051 

40,799 

2,409,850 

Piaster  of  Paris 

125,606 

. 

125,606 

Specimens   of  botany,  natural   history,   and 

mineralogy                .... 

5,828 

290 

6,118 

Models  of  inventions  and  machinery 

538 

359 

897 

Barilla 

64,397 

1,825 

66,222 

Wood,  dye                   .... 

268,66C. 

10,745 

279.411 

unmanufactured  mahogany 

236,027 

50,798 

286:^25 

Animals  for  breed                     ... 

22,986 

165 

23;i51 

Pewter,  old             -            - 

8J5 

. 

815 

Tin  in  pigs  and  bars 

94,421 

6,920 

101,341 

Brass  in  pigs  and  bars 

29,615 

. 

29,615 

old 

3,344 

. 

3,344 

Copper  in  pigs  and  bars 

402,665 

538 

403,203 

in  plates,  suited  to  the  sheathing  of  ships 

271.155 

12,630 

283,785 

for  the  use  of  the  mint 

14.435 

. 

14,435 

old,  fit  only  to  be  remanufactured 

82,994 

419 

83,413 

Bullion,  gold           .... 

115,077 

190 

115,267 

silver              -             -             -             . 

1,047,793 

1,550 

1,049,343 

Specie,  gold            .... 

692,617 

13,262 

705,879 

silver 

5,992,853 

292,622 

6,285.475 

All  other  free  articles 

8,294 

493 

8;787 

Total,  dollars 

12,302,810 

443,435 

12,746,245 

VALUE    OK    MERCHANDISE    SUBJECT    TO    DUTIES 

AD    VALOREM. 

Manufactures  of  Wool,  or  of  which  wool  is  a 

component  material — 

Not  exceeding  59  cents  per  square  yard 

441,172 

11.571 

452,743 

Exceeding  50  and  not  exceeding  100  cts.  per  do. 

1,060,541 

23,274 

1,083,815 

100              "                   250         '«      - 

]  ,228,996 

7,064 

1,236,060 

'•             250              '•                   400         " 

75.214 

492 

75,706 

400         .            -            - 

(;;oi5 

- 

6,015 

IMPORTS. 


m 


STATEMENT— Continued. 


Blankets  '  »  "  " 

Hosiery,  gloves,  mits,*&c. 

Bombazines      .  -  -  -  - 

Worsted  stuff  goods 

All  other  manufactures  of       - 

Cotton — Printed  or  colored 

White  -  -  -  - 

Hosiery,  gloves,  mits,  and  bindings 
Twist,  yarn,  and  thread 
Nankeens  ... 

All  other  manufactures  of    - 
Vestings  and  plaids — Of  wool,  or  w^^^ol  and  cot- 
ton, or  silk 
Of  cotton,  or  cotton  and  silk 
Silk — From  India,  piece  goods 

"  other  manufactures     - 

From  other-places,  piece  goods 

"  other  manufactures     - 

Lace — Of  thread,  silk,  or  cotton 

Coach  ...  - 

Flax— Linen,  bleached  and  unbleached 
Checks  and  stripes 

Other  manufactures  of  -  - 

Hemp — Ticklenburgs,  osnaburgs,  and  burlaps 

Sheeting,  brown         ... 

"  white    -  -  - 

All  other  manufactures  of      - 
Clothing,  ready  made        ... 
Hats,  caps,  and  bonnets — Leghorn,  straw,  chip, 
&c. 
Fur,  wool,  leather,  or  silk 
Iron  or  iron  and  steel  ware — 

Side  arms  and  fire  arms,  other  than  mus 

kets  and  ritles  ... 

Drawing  knives,  axes,  adzes,  and  socket 

chisels  .... 
Bridle  bits  ofevery  description 
Steelyards,  scale  beams,  and  vices 
Cutting  knives,  scythes,  sickles,  reaping 

hooks,  spades,  and  shovels 
Screws  weighing  24  pounds  or  upwards  - 
Wood  screws  ... 

Other  articles  not  specified 
Copper — Vessels  of  -  -  - 

All  other  manufactures  of    - 
Gold  and  silver — I. ace      .  -  - 

Watches  and  parts  thereof  - 
Articles  composed  of,  &c. 
Wares — Glass,  not  subject  to  specific  duties   - 
China,  or  porcelain 
Earthen  and  stone     ... 
Japanned 

Plated  .... 

Gilt  .... 

Brass    -  -  -  .  - 

Tin 

Pewter  and  lead,  except  shot 

Wood,  including  cabinet  wares     - 

Leather,  including  saddles,  bridles,  and  harness 

Plated  saddlery,  coach  and  harness  furniture 

Marble  and  manufactures  of  - 

Square  wire  used  for  umbrella  stretchers 


568,640 

25,404 

594,044 

130,577 

2,876 

133,453 

33,887 

- 

33,887 

1,371,436 

26,109 

1,397,545 

306,210 

13,096 

319,306 

3,896,179 

460,496 

4,356,675 

2,212,900 

274,904 

2,487,804 

305,433 

82,021 

387,454 

142,589 

30,196 

172,785 

219,363 

8,870 

228,233 

217,121 

12,254 

229,375 

53,916 

. 

53,916 

1,200 

1,092 

2,292 

1,366,886 

206 

1,367,092 

31 ,224 

. 

31,224 

2,812,119 

12,799 

2,824,918 

1,531,004 

19,772 

1,550,776 

811,534 

13,463 

824,997 

3,026 

. 

3,026 

2,003,796 

481,257 

2,485,053 

31 ,252 

11,473 

42,725 

281,526 

201,976 

483,502 

109,175 

454,490 

563,665 

"^  208,735 

417 

209,152 

41,085 

- 

41,085 

39.546 

93,557 

133,103 

41,996 

4,793 

46,789 

326,167 

626 

326,793 

44,493 

4,511 

49,004 

170,076 

9,077 

179,153 

27,630 

1,377 

29,007 

62,138 

133 

62,271 

27,361 

3,538 

30,899 

85,521 

9,483 

95,004 

. 

17 

17 

66,253 

564 

66,817 

2,709,971 

199,007 

2,908,978 

744 

491 

1,235 

14,746 

452 

15,198 

21,600 

1,591 

3,191 

269,799 

43,125 

312,924 

59,864 

5,162 

65,026 

82.235 

37,690 

119,925 

88,582 

2,001 

90,583 

938,427 

230,050 

1,168,477 

36.233 

. 

36,233 

95/203 

22 

95,225 

60,771 

14 

60,785 

310,731 

18,985 

329,716 

4,989 

1,259 

6,248 

24.241 

168 

24,409 

99,347 

12,700 

112,047 

496,471 

3,452 

499,923 

47,872 

. 

47,872 

13,897 

520 

14,417 

5,550 

- 

5,550 

32] 


ANNUAL  REGISTER,  1830—31. 


STATEMENT— Continued. 


raised  to  the  edge 


Cyphering  slates   - 

Prepared  quills 

Black  lead  pencils 

Paper  hangings 

Brushes  of  all  kinds 

Hair  seating    - 

Bolting  cloths 

Copper  bottoms,  cut  round. 

Quicksilver 

Brass,  in  plates     - 

Tin,  in  plates  - 

Crude  saltpetre 

Opium 


Unmanufactured : 
Raw  silk    -  -  -  -  . 

Articles  not  specially  enumerated  subject  to  a 


duty  of 


do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 


-   i2h 

per  cent 

do.    15 

do. 

do.    20 

do. 

do.   25 

do. 

do.    30 

do. 

do.    33J 

do. 

do.,^  35 

do. 

do.   40 

do. 

do.    45 

do. 

do.   50 

do. 

Total,  dollars 

10,193 

1.333  1 

13,83!^ 

2,043 

3,321 

1,529 

59,187 

337 

8.973 

389 

25,272 

60 

39,158 

. 

3,G09 

. 

314,107 

- 

10,008 

- 

279.038 

111,262 

32,2J4 

_ 

139,590 

- 

119,074 

- 

876,020 

7,665 

2,399,465 

159.393 

102.409 

3,201 

73,742 

27,360 

356,428 

33,393 

90 

671 

1,024 

209 

14 

. 

805 

8 

1,859 

751 

32,025,909 

3,209,541  : 

11,526 

15,881 

4,850 

59,524 

9,362 

25,332 

39,158 

3,609 

314,167 

10,608 

390,900 

32,214 

139,590 


119,074 

883,685 

2,558,858 

105,610 

101,102 

389.821 

'761 

1.233 

'  14 

813 

2,610 


SPECIES  OF  MERCHANDISE. 


Quantity. 


MERCHANDISE    PAVING    SPECIFIC    DUTIES. 

Manufactures  of  wool  not  exceeding  33J  cts.  per  sq.  yd. 

sq.  yds. 

Carpeting — Brussels,  Turkey,  and  Wilton  -  " 

Venetian  and  ingrain     -             -  " 

All  other  of  wool,  flax,  or  cotton  -  " 

Patent  printed  or  stained  floor  cloths             -  " 

Oil  cloth,  other  than  patent  floor  cloth  -  -  " 

Furniture  oil  cloth     -             -             -             .  " 

Floor  mattings  of  flags  or  other  materials  -  " 

Sail  duck " 

Cotton  bagging   -             -             -   .          -  -  " 
Wines — Madeira       ...             -     gallons 

Sherry  -            -            -            -  -  " 

Red,  of  France  and  Spain  -             -  " 
Of  France,  Spain,  and  German}'-,  not 

enumerated          ,             .             -  " 

Of  Sicily  and  other  countries,  and  all 

wines  not  enumerated,  in  casks  -  " 

in  bottles  " 

Foreign  spirits — From  grain              -            -  " 

Otlier  materials              -  -  " 

Molasses        ....  ' 


Value. 


1,034,789 

266,060 

64,885 

77.502 

182,870 

123.950 

184 

137 

13.066 

19,865 

2,710 

762 

13,071 

2,596 

77,464 

9,486 

1,189,449 

317,347 

688,015 

69,126 

179.349 

330,423 

52.281 

09,547 

1,284,136 

273,033 

1,266,522 

424,304 

387.743 
111  ^662 

I    437,795 

477.612 

205.704 

1,214,7321 

453.280 

8,374,139  • 

995.776 

IMPORTS. 


[33 


STATEMENT— Continued. 


Beer,  ale,  and  porter       .  -  - 

Vinegar  -  -  -  - 

Oil— Foreign  fishing,  spermaceti 

whale 
Olive,  in  casks     .  -  .  - 

Castor  .  .  -  . 

Linseed    .  -  -  -  - 

Hempseed      .... 
Teas — Bohea       .... 
Souchong  and  other  black 
Hyson  skin  and  other  green 
Hyson  and  young  hyson 
Imperial,  gunpowder,  and  Gomel 
Coffee  ..... 

Cocoa      ..... 
Chocolate       ..... 
Sugar — Brown,  &c.        ... 
White,  clayed,  &c. 
Candy  and  loaf 

Other  refined  ... 

Fruits — Almonds 

Currants       .... 
Prunes  and  plums 
Figs  .... 

Raisins,  in  jars  and  boxes 
All  other       .... 
Spices — Ginger  -  -  .  . 

Cayenne  pepper 
Mace     -  .  -  - 

Nutmegs     -  -  .  . 

Cinnamon         ... 
Cloves  .... 

Black  pepper     ... 
Pimento       -  -  -  . 

Cassia    -  .  -  . 

Candles — Spermaceti  and  wax 

Tallow 
Cheese  -  -  .  .  . 

Soap         ..... 

Tallow , 

Lard         ..... 
Beef  and  pork  .... 

Bacon       -  -  -  -  . 

Butter  ..... 

Saltpetre  -  -  .  . 

Camphor,  crude         .... 
Salts,  epsom         -  .  .  . 

Tobacco,  manufactured,  other  than  snuff  and  ci 
gars       ..... 

Snuff 

Indigo      ..... 
Cotton  ..... 

Gunpowder  .... 

Bristles  -  -  .  .  . 

Glue 

Ochre — Dry  -  .  .  .  . 

In  oil       . 
White  and  red  lead   .... 
Whiting  and  Paris  white 
Sugar  of  lead  .... 

Lead — Bar,  sheet,  and  pior  .  . 

Shot  .  -^    . 


gallons 


pounds 


65,260 

24,058 

11 

96 

14,544 

20 

18,845 

27 

152,990 

2,166,142 

1,942,616 

3,694,631 

653,036 

51,488.248 

2,632;467 

2,895 

78,576,388 

7,906,658 

7,005 

62 

1,168,495 

727,533 

86,905 

1,620,477 

3,551 ,869 

2,682,390 

2,050 

15 

51 

56,469 

27,844 

81,822 

2,275,947 

1,915,211 

376,515 

963 

129,351 

81,440 

58,761 

2,097 

135 

659,099 

7,617 

5,898 

1,344 

106,944 

2,026 

321 

2,599 
617,824 
415,307 
102.109 
115;55I 
40,344 
655,622 

1,046 

244,318 

389,493 

95,145 

712,970 

9,625 


60>420 
4,241 


y      18,074 


>2,425,018 


4,227,021 

137,453 

899 

3,985,865 

644,477 

571 


y    520,275 


457,723 


519 

8,959 

8,898 

3,310 

43 

10 

23,220 

681 

652 

80 

26,374 

111 

224 

834 

715,715 

34,737 

20,488 

26,518 

3,110 

21,182 

430 

14,231 

3,933 

11,846 

18,757 

1,638 


34] 


ANNUAL  REGISTER,   1830—31. 


STATEMENT— Continued. 


pounds 


No.  of 

(( 

pounds 


Cordage— Tarred  and  cables 
Untarred  and  yarn 
Twine,  packthread,  and  seine     -  -        ' 

Corks  -  .  .  -  . 

Copper— Rods  and  bolts 

Nails  and  spikes     -  - 

Fire  arms— Muskets 

Rifles      .... 
Iron — Iron  and  steel  wire 

Tacks,  brads,  and  sprigs,  not  exceeding 
]  6  oz.  per  thousand  -  -         M. 

exceeding  16  oz.  per  M.     pounds 
Nails  -  .       ^    .         ^  .  ^.  u 

Spikes  -  .  .  .  " 

Cables  and  chains  or  parts  thereof  -  " 

Mill  cranks  and  mill  irons  of  wrought  iron  " 
Mill  saws  -  -  .  No.  of 

Anchors  ....     pounds 

Anvils        -  .  .  .  .  " 

Hammers  and  sledges  for  blacksmiths  " 

Castings,  vessels,  and  all  other  -  " 

Brazier's  rods  or  round  iron,  of  3-10  to 

8-16  diameter,  inclusive  -  -  " 

Nail  or  spike  rods,  slit  -  -  " 

Sheets  and  hoop    .  .  -  -  " 

Slit  or  rolled,  &c.       ..." 
In  pigs 
Bar  and  bolt,  rolled     - 

hammered  - 
Steel  .... 

Hemp      .  -  .  - 

Flax,  unmanufactured 
Wheat  flour 
Wool,  unmanufactured 
Salt  .... 

Coal  .... 

Wheat     .... 
Oats  .... 

Potatoes  ... 

Paper — Folio  and  quarto  post 

Foolscap  drawing  and  writing    -  " 

Printing,  copperplate,  and  stainers'  " 

Sheathing,  binders',  wrapping,  and  box 

boards       .  .  .  -  "^ 

All  other  -  -  -  .  " 

Books — Printed  previous  to  1775      -  -  volumes 

in  other  languages  than  En- 
glish, Latin,  and  Greek  -    "< 
in  Latin  and  Greek              -  " 
All  other            -             -             -             pounds 
Glassware — Cut  and  not  specified    -            -          " 
All  other  articles  of              -              -  " 
Glass — Apothecaries'  vials  not  above  6  oz.  and 

less  ....       groce 

and  above  6  oz.  and  not  above  8       " 
Bottles  not  above  1  quart  -  -  " 

exceeding  1  and  not  above  2  quarts    " 
exceeding  2qts.  and  not  exceeding 
1  gallon         ..." 
Demijohns        ...  No.  of 


cwt. 

cc 

pounds 
cwt. 


pounds 
bushels 


-   pounds 


1,437,735 

1 52,826- 

494.875 

137,222 

1,241 

10,613 

8,341 

8 

592,733 

13,177 

1,322 

613.704 

37,873 

540,628 

2.781 

4;395 

22,672 

677,246 

75.616 

1,157,256 

218,428 

32,848 

2,326,796 

2.845 

221499 

138,981 

68,752,943 

24,472 

30,782 

5,850 

201 

669,883 

5,374,046 

1,640,295 

422 

1,495 

24.795 

46,617 

490,536 

2,335 

26,664 

45,315 

817 

89,217 

7,891 

82,440 

10,958 

911,919 

1,011 

150 

12,136 

185 

6 
50,614 


71,291 

8,114 

75,006 

30,730 

262 

2,141 

25,142 

85 

59,485 

2,799 

40,906 
1,391 

25,885 
200 

12,252 
1,121 

31,249 
3,096 

38,686 

5,945 

784 

59,822 

81 

25,644 

226,336 

1,730,375 

291,957 

200,338 

39,055 

599 

96,853 

671,979 

204,773 

492 

378 

9,189 


110,408 


130,032 

6,192 
129,632 

3,473 

52,991 
15,624 


EXPORTS. 


[35 


STATEMENT— Continued  . 

Glass— Window,  not  above  8  by  10  inches      100  sq.  ft. 
10  by  12  inches  " 

above  10  by  12  and  not  above  10  by  15     " 
above  10  by  15  inches  -  -  " 

Fish— Foreign,  caught  and  dried  -  quintals 

Salmon,  pickled  -  -  -  " 

Mackerel,  do.        -. 

All  other,  do.  ...  " 

Shoes  and  slippers— Silk  -  -  pairs 

Prunelle  and  other  of  stuff 

or  nankeen,  &c.       -  " 

Leather,  morocco,  kid,  &c. 

for  men  and  women        -  " 

Children's        -  -  " 

Boots  and  bootees  - 

Cigars 

Playing  cards 

Roofing  slates— Not  exceeding  12  by  IC  inches 
^  12  by  14      ' 

14  by  16 
16  by  18 
18  by  20 
20  by  24 
Above  20  by  24  inches        -  " 

Value  of  merchandise  paying  specific  duties 
do.  do.  do.  ad  valorem  do. 

do.  do.  free  of  duty     - 

Total  value,  dollars 


- 

M. 

packs 

ichec 

,     tons 

do. 

do. 

do. 

do. 

do. 

04   ^ 

1 

133 

296 

.     25,597 

1,458 

351  = 

1,621 
391 

►     27,624 

715 

2,469 

972 

I       5,362 

4,302 

132 

597 

1,013 

23,880 

251,818 

3,015 

430 

50 

^ 

451 

1,891 

427 

I     34,683 

294 

171 

16 

- 

22,295,225 

- 

35,835,450 

- 

12,746,245 

- 

70,876,920 

SUMMARY  STATEMENT  of  Goods,  Wares,  and  Merchandise,  of  the  growth, 
produce,  and  manufacture  of  Foreign  Countries,  exported;  commencing  on 
the  1st  of  October,  1829,  and  ending  on  the  30th  September,  1830. 


Exported. 

SPECIES  OF  MERCHANDISE. 

Quantity. 

Value. 

Specimens  of  botany  and  natural  history 

. 

695 

Lapis  calaminaris,  &c.             .             . 

. 

11,173 

Burrstones,  unwrought                   .... 

668 

Brimstone  and  sulphur            .... 

3,316 

Furs  of  all  kinds                  .             .             . 

24,468 

Hides  and  skins,  raw               .... 

310,074 

Plaster  of  Paris                    .             .             .             .             . 

27 

Wood,  dye 

279,706 

unmanufactured  mahogany 

51,995 

Cork  tree,  bark  of                    .... 

3 

Tin,  in  pigs  and  bars         .            .                         .            . 

2,991 

361 


ANNUAL  REGISTER,  1830—31. 
STATEMENT.— Continued. 


Copper,  in  pigs  and  bars        .... 

in  plates,  suited  to  the  sheathing  of  ships 

old,  fit  only  to  be  remanufactured 
Bullion,  gold  ..... 

silver  .... 

Specie,  gold  ..... 

silver  ..... 

Pewter,  old  .... 

Total, 

MANUFACTURES  PAYING  DUTIES  AD  VALOREM. 

Of  wool — Not  exceeding  50  cents  per  square  yard 

Exceeding  50  and  not  exceeding  100  cents  per 

square  yard 
Not  exceeding  250  cents 
Not  exceeding  400  cents 
Exceeding  400  cents 
Blankets 

Vestings  and  plaids 
Worsted  stuff  goods 
All  other  manufactures 
Of  cotton — Printed  or  colored 
White 

Hosiery,  gloves,  mits,  &c. 
Twist,  yarn,  and  thread 
Nankeens 

All  other  manufactures 
Of  silk — From  India,  piece  goods 

other  manufactures 
Other  places,  piece  goods 

other  manufactures 
Lace,  thread  and  cotton,  &c. 
Of  flax — Linen,  bleached  and  unbleached 
Checks  and  stripes 
Other  manufactures 
Of  hemp — Ticklenburgs,  osnaburgs,  and  burlaps 
Sheetings,  brown 
white 
All  other  manufactures 
Hats,  caps,  &  bonnets — Of  Leghorn,  chip,  straw,  grass,&c. 

Of  fur,  wool,  leather,  and  silk 
Clothing,  ready  made  .... 

Of  iron  and  iron  and  steel — 

Side  and  fire  arms,  other  than  muskets  and  rifles 
Cutting  knives,  scythes,  &c. 
Steelyards  and  scalebeams 

Drawing  knives,  axes,  adzes,  and  socket  chisels 
Bridle  bits,  of  every  description 
Other  articles  not  specified 
Gold  and  silver,  &c. — Watches  and  parts  of 

Articles  composed  wholly  or  chiefly 
of  pearls,  precious  stones,  &c. 
Wares — Glass,  not  subject  to  specific  duties 

China  or  porcelain  .... 

Earthern  and  stone 

Plated  ..... 

Gilt 

Of  Brass  .  .  .  .  .  . 

Tin 


307,641 

49,252 

34,969 

10,637 

24,154 

474.876 

731^955 

1,375 

$2,320,317 


13,469 

24,021 

95,573 

18,881 

3,803 

6,587 

3,662 

.32,838 

27,060 

995,028 

475,171 
57,104 
58,325 

348,526 
55,310 

371,654 
84,576 

256,559 

239,290 
34.379 

877,563 

3,994 

41,989 

54,269 

322,893 

1,553 

11,536 

12,859 

1,838 

5,778 

16,480 


2,781 

200 

146,788 

7,840 

5.221 

23.493 

2;742 

42,210 

3,074 

3.676 

4;227 

72 


EXPORTS. 


[37 


STATEMENT— Continued 

Of  Pewter  and  lead,  except  shot 

Wood,  including  cabinet  wares 

Leather,  including  saddles,  bridles,  and  harness 
Marble,  and  manufactures  of  . 

Cyphering  slates  .  .  >  . 

Prepared  Quills  ..... 

Paper  hangings  .... 

Brushes,  of  all  kinds  .... 

Hair  seating  ..... 

Quicksilver  ..... 


Unmanufactured  Articles  : 

Copper  bottoms,  cut  round,  raised  to  the  edge 

Tin,  in  plates 

Opium  .  .  .  . 

Raw  silk     .... 

Articles  not  specially  enumerated — at  12^  per  cent 

15 

20        « 
25 
30        " 


Total  value,  dollars 


MERCHANDISE    PAYING    SPECIFIC    DUTIES. 

Manufactures  of  wool  not  exceeding  33^-  cts.  per 

square  yard  ...  sq.  yds. 

Carpeting — Brussels,  &c. 

Venetian  and  ingrain 
All  other 
Patent  painted  or  stained  floor  cloths 
Oil  cloth,  other  than  patent  floor  cloths   . 
Furniture  oil  cloth 
Floor  mattings,  &c. 
Sail  duck         .... 
Cotton  barrging     .... 
Wines — Madeira         .  .  .  .   gallons 

Sherry     . 

Red,  of  France  and  Spain    . 
Other  of  France,  Spain,  Germany,  &c 
All  other,  in  casks 
bottled 
Spirits — From  grain 

Other  materials 
Molasses  -  .  .  . 

Beer,  ale,  and  porter  . 
Vinegar     ..... 
Oil — Olive,  in  casks  . 

^     Castor  .... 

Linseed 

Teas — Bohea         ....         pounds 
Souchong         ... 
Hyson  skin  and  other  green 
Hyson  and  young  hyson 
Imperial     .... 
Coftee  .... 

Cocoa        •  .  .  .  . 

Chocolate        .... 
Sugar — Brown,  &c. 

White,  clayed,  &c.   . 


202 

7,784 

3,160 

336 

33 

1,921 

1,121 

10 

121 

335,987 

•  401 

33,809 

102,785 

108,975 

392,024 

1,113,418 

15,808 

73,887 

67,041 

7,054,286 

1,844 

911 

118 

200 

86 

170 

18,120 

2,592 

402 

200 

1,289 

475 

3,869 

937 

2,820 

1,160 

270,345 

73,261 

33,490 

4,443 

14,276 

21  ,.567 

3,764 

4,809 

191,503 

61,860 

79,707 

a5,704 

66,377 
32.377 

}     79,989 

46.052 

20,947 

660,246 

384,705 

27,121 

6,791 

3,866 

3,925 

4.908 

1,137 

7,345 

J 

10 

V   14,953 

14,362 

^ 

4,049 

^  / 

491,183 

260.456 

I   892,807 

608,240 

372,396 

3,124,-561 

1,046,542 

1,857,847 

148,294 

722 

66 

6,676,265 

412,355 

3,049 

,527 

272.020 

381 


ANNUAL  REGISTER,  1830—31. 


STATEMENT.— Continued  . 


Fruits — Almonds 

pounds 

119,067 

" 

Currants         ,             .             .             . 

it 

300 

Prunes  and  plumbs 

Figs 

6,594 
327,605 

►     92,515 

Raisins,  in  jars,  boxes,  &c. 

(I 

298,231 

All  other       .            -            -            - 

li 

11,061 

Spices — Nutmegs 

{C 

2,637 

< 

Cinnamon     -             -             -             - 

It 

24,256 

Cloves     -             -             -             - 
Black  pepper             ... 

ll 
« 

45,063 

2,160,889 

'  287,098 

Pimento               .             .             . 

u 

558,766 

Cassia            .             .             .             . 

ll 

278,944 

J 

Candles,  tallow    -            -            -            - 

ll 

189,553 

15,245 

Cheese 

ll 

51,738 

8,027 

Soap          -            -            -            -            - 

ll 

43,277 

3,690 

Tallow            .            .            -            .            . 

ll 

136,412 

8,742 

Beef  and  pork      ...            - 

ll 

470,544 

17,557 

Butter             .            .            .             .            - 

ll 

1,860 

180 

Saltpetre                .... 

ll 

1,000 

100 

Vitriol 

ll 

112 

10 

Camphor,  crude                ... 

refined        -             -             -             - 

ll 
ll 

886 
503 

1          723 

SnufF 

ll 

350 

67 

Indigo             .            .            -            .            . 

ll 

334.624 

440,863 

Cotton      .            -            -            -            - 

ll 

234,777 

23,226 

Gunpowder    -             -             -             -             - 

ll 

44,327 

8,220 

Ochre,  dry             .... 

It 

16,263 

300 

White  and  red  lead    -             -             - 

It 

486,679 

31,682 

Whiting  and  Paris  wMte 

ll 

1,602 

108 

Litharge         .             -             -             -             . 

ll 

183,944 

6,217 

Lead — Bar,  sheet,  and  pig 

ll 

1,111.172 

35,628 

Shot      -             -             -             .             - 

ll 

500 

35 

Pipes          .... 

ll 

66,547 

2,688 

Cordage — Tarred,  and  cables 

ll 

1,667.850 

117,282 

Untarred,  and  yarn     - 

It 

35,517 

2,599 

Twine,  packthread,  and  seines 

ll 

21,417 

3,416 

Corks       ..... 

ll 

11.314 

2.201 

Copper  nuts  and  spikes 

ll 

1,344 

'215 

Fire  arms — Muskets         - 

No.  of 

5,856 

21,883 

Iron — Iron  and  steel  wire,  not  above  No.  14 

pounds 

16,574 

I       3,083 

above  No.  14. 

ll 

4,408 

Tacks,  brads,  and  sprigs,  not  exceed- 

ing 16  oz.  per  thousand 

M. 

270 

36 

Nails    .... 

pounds 

4,620 

306 

Cables  and  chains,  or  parts  thereof 

ll 

17,511 

1,480 

Mill  saws  .... 

No.  of 

1 

8 

Ancliors          .... 

pounds 

1,569 

66 

Hammers  and  sledges  for  blacksmiths 

ll 

2,650 

150 

Castings,  vessels,  and  all  other     - 

ll 

9,060 

593 

Braziers'  rods,  &c. 

ll 

185,628 

3,469 

Nails  or  spike  rods,  slit     - 

ll 

1.669 

125 

Sheets  and  hoops 

ll 

118,213 

4,642 

Slit  or  rolled,  &c. 

It 

9,000 

184 

In  pigs              .             -             .             . 

cwt. 

1,917 

4,384 

Bar  and  bolt,  rolled 

u 

14..%2 

18,109 

hammered 

pounds 

506.657 

19,820 

Steel 

cwt. 

3,537 

20;585 

Hemp              .            .            .            .            . 

It 

741 

6,186 

Flax,  unmanufactured     - 

It 

1,673 

16,844 

Wool,  unmanufactured 

pounds 

0,242 

4,681 

Alum        ..... 

cwt. 

16 

120 

Copperas        .            .            .            .            . 

(( 

39 

129 

EXPORTS. 

[39 

STATEMENT— Continued. 

Salt           ....            -         bushels 

101,866 

20,064 

Coal " 

12.480 

2,932 

Paper — Foolscap,  drawing,  and  writing           pounds 

684,898 

145,092 

Sheathing,  &c.              -                 -             " 

9,816 

Books — Printed  in  other  languages  than  En- 
glish, Latin,  and  Greek    -              volumes 

2,562 

I       4,639 

All  other       -                -                -       pounds 

2,171 

Glassware — Cut  and  not  specified    -                   " 

2,161 

416 

Another                -                -            " 

72,898 

8,718 

Glass — Bottles,  not  above  one  quart                   gross 
Demijohns          -                -                -    No.  of 
Window,  not  above  8  by  10  inches     100  sq.  ft. 

249 

1,269 

17,632 

9,275 

64 

■^ 

not  above  10  by  12  inches        " 

15 

I       1,071 

above  10  by  12  inches               " 

26 

uncut,  in  plates         -                 " 

17 

Fish — Foreign  caught  and  dried    -              -     quintals 

30 

^ 

Salmon  -            -            -            -              barrels 

145 

V       3,774 

All  other        -            -            .            .          « 

85 

V 

Shoes  and  slippers,  prunella,  &c.         -              pairs 

60 

60 

Boots  and  bootees    -             -            -            -          " 

104 

208 

Cigars M. 

7,335 

86,121 

Playing  cards           ....      packs 

2,800 

900 

Total  value   of  merchandise  paying  specific  )  j  n 
duties          -            -            -            -            -    5    °  '^^^ 

5,012,876 

do.                  do.          ad  valorem  duties       " 

. 

7,054,286 

do.                 do.         free  of  duty         -        " 

2,320,317 

Total,  dollars 

- 

14,387,479 

SUMMARY  STATEMENT  of  the  value  of  the  Exports  of  the  growth,  produce, 
and  manufacture  of  the  United  States,  during  the  year  commencing  on  the 
1st  of  October,  1829,  and  ending  on  the  30th  September,  1830. 


Dollars. 

Dollars. 

Dollars. 

Fisheries — 

Dried  fish  or  cod  fisheries 

Pickled  fish,  or  river  fisheries,  herring,  shad, 
salmon,  mackerel  .... 
Whale  and  other  fish  oil      - 
Spermaceti  oil   - 

Whalebone               .             .            . 
Spermaceti  candles       .... 

- 

530,690 

225,987 
568,326 
38,618 
112,357 
249,292 

1  725  270 

THE  FOREST. 

Skins  and  furs         .... 
Ginseng             -            .            -            -             - 

641,760 
67,852 

40] 


ANNUAL  REGISTER,   1830—31. 


STATEMENT— Continued. 


Product  of  wood — 

Staves,  shingles,  boards,  and  hewn  timber 

Other  lumber  .  .  .  - 

Masts  and  spars 

Oak  bark  and  other  dye       -  -  - 

All  manufactures  of  wood 

Naval  stores,  tar,  pitch,  rosin,  and  turpentine 

Ashes,  pot  and  pearl  ... 


AGRICULTURE. 

Product  of  animals — 

Beef,  tallow,  hides,  and  horned  cattle 
Butter  and  cheese 

Pork  (pickled),  bacon,  lard,  live  hogs, 
Horses  and  mules  ... 

Sheep  -  .  .  .  - 

Vegetable  food — 

Wheat      ..... 

Flour  .... 

Indian  corn  .         ,    . 

Indian  meal   .  -  -  - 

Rye  meal  .... 

Rye,  oats,  and  other  small  grain,  and  pulse 

Biscuit  orship  bread 

Potatoes   .  .  .  -  - 

Apples  .  .  -  _ 

Rice  -  .  -  .  - 


Tobacco  ... 

Cotton  .  .  - 

All  other  agricultural  products — 

Indigo      .  -  - 

Flaxseed         ... 

Hops         ... 

Brown  suffar   - 


MANUFACTURES. 

Soap  and  tallow  candles 
Leather  boots  and  shoes 
Household  furniture 
Coaches  and  other  carriages     - 
Hats  .... 

Saddlery  .... 

Wax  .... 

Spirits  from  grain,  beer,  ale,  and  porter 
SnufFand  tobacco    ... 
Lead      ..... 
Linseed  oil,  and  spirits  of  turpentine 
Cordage  .... 

Iron,  pig,  bar,  and  nails 

castings     .  -  .  . 

All  manufactures  of  - 
Spirits  from  molasses    -  .  - 

Sugar,  refined  ... 

Chocolate  .  .  .  . 

Gunpowder  ... 


1,501,658 

148,257 

13.327 

220;275 

172,772 

321,019 

1,105,127 

3,482,4^5 

717,683 

142,370 

1,315.245 

182.244 

22,110 

2,379,652 

46,176 

6,085,953 

224,823 

372,296 

87,796 

66,249 

188,474 

39,027 

23,727 

1,986,824 

9,121,345 

627 

- 

- 

180,973 

- 

30,312 

.2,975 

' 

619,238 

338,603 

. 

239,463 

51,190 

309,362 

36,651 

153.666 

225;357 

246.747 

4,831 

35,039 

4.135 

96;i89 

35,408 

177,870 

49,798 

193,084 

803 

128,625 

4.192,047 


11,500,997 

5,580,365 

29,674,883 


215,087 


EXPORTS. 


[41 


STATEMENT— Continued. 


Copper  and  brass  .  .  .  . 

Medicinal  drugs      .... 

Cotton  piece  goods — 

Printed  and  colored   -  -  -  - 

White 

Nankeens       -  -  -  . 

Twist,  yarn,  and  thread  - 
All  other  manufactures  of     - 

Flax  and  hemp — 
Cloth  and  thread  ... 

Bags,  £uid  all  manufactures  of  - 

Wearing  apparel      .... 
Combs  and  buttons        - 
Brushes        .  .  .  .  - 

Billiard  tables  and  apparatus    -  -  - 

Umbrellas  and  parasols 

Leather  and  morocco  skins,  not  sold  per  pound 
Printing  presses  and  type  .  .  - 

Musical  instruments  ... 

Books  and  maps  .  .  -  . 

Paper  and  other  stationary 
Paints  and  varnish         .  -  .  . 

Vinegar       ..... 
Earthen  and  stoneware  -  .  . 

Manufactures  of  glass 

tin       -  -  . 

pewter  and  lead   - 

marble  and  stone 

gold  and  silver  and  gold  leaf 
Gold  and  silver  coin            ... 
Artificial  flowers            -            .            .  . 

Molasses      ..... 
Trunks               -            .            .            .  . 

Brick  and  lime        .... 
Salt 

Articles  not  enumerated — 
Manufactured      .... 
Other  -  .  .  .  . 


- 

36,601 

61,800 

92,154 

964,196 

1,093 

24,744 

266,350 

1  •^i«  ift*^ 

x.OiO.lOO 

2,152 

1,779 

102,277 

124,589 

■ 

6,116 

316 

25,796 

70,968 

13,274 

10,261 

32,004 

40,994 

13,716 

6,690 

2,773 

60,280 

4,497 

4,172 

4,655 

3,561 

937,151 

13,707 

3,968 

6,654 

2,482 

22,978 

347,228 

309,249 

3,074,910 


2,835,993 


656,477 
59,462,029 


42] 


ANNUAL  REGISTER,  1830—31. 


DISBURSEMENTS  FROM  THE  GENERAL  TREASURY. 

Os  tiie  2()th  of  May,  1830,  a  Resolution  was  passed  in  the  United  States  House  of 
Representatives,  calling  upon  tlie  Secretary  of  the  Treasury  for  a  Statement 
of  the  Disbursements  made  in  each  of  tlie  States,  since  1789,  for  Fortifica- 
tions, Light-houses,  Public  Debt,  Revolutionary  and  other  Pensions,  and 
Internal  Improvements.  A  communication  in  reply  was  submitted  to  the 
House  on  the  21st  ult.  which  gives  the  following  result : 


States  and  Ten  itories. 

Fortifications. 

Lighthouses. 

Public  Debt. 

Revolutionary 
and  other  Pen- 
sions. 

Internal  Im- 
provements. 

Maine 

6,105  07 

124,687  34 

_ 

1,496,699  45 

47,176  27 

New  Hampshire 

95  913  GO 

65,277  12 

1,181,399  22 

1,229,771  92 

35,529  76 

Massachuselti 

542,779  92 

777,994  30 

41,199,662  99 

2,459,714  66 

207,341  90 

Khode  Island     - 

603,545  46 

113,039  05 

1,933,764  54 

346,943  22 

200  00 

Connecticut 

72,196  29 

138,671  43 

2,592,565  88 

1,403,376  60 

25,859  14 

Vermont 

- 

4,729  22 

. 

1,352,891  67 

- 

New  York    - 

3,266,136  15 

404,646  21 

43,032,756  47 

4,590,337  08 

174,181  90 

New  Jersey 

20,3.30  00 

3,251   17 

1,131,841  90 

550,857  20 

100  00 

Pennsylvania 

191,871  64 

27,458  S8 

60,888,181  07 

1,897,211   19 

42,641  68 

Delaware 

477,002  35 

254,814  77 

218,190  41 

81,169  73 

34,513  00 

Maryland       - 

1,079,809  03 

103715  39 

7,753,036  76 

574,614  57 

- 

Virginia               - 

2,488,4t.i5  04 

291,318  83 

1,907,500  75 

1,194,920  88 

80  00 

North  Carolina 

507,772  70 

304,307  13 

272,713  22 

366,539  34 

29,840  00 

South  Carolina 

707,017  96 

157,531  70 

8,630,215  11 

153,149  94 

- 

Georgia 

175,777  58 

242,867  73 

158,546  53 

117,758  78 

7,514  68 

Kentucky 

- 

. 

. 

764,530  83 

- 

Tennessee 

15,111   18 

. 

_ 

557,044  30 

200  00 

Ohio        - 

-    ' 

15,719  36 

- 

^     853,013  16 

462,965  32 

Louisiana 

1,806,393  60 

157,152  73 

_ 

27,705  25 

6,435  00 

Indiana 

525  00 

. 

. 

'  188,118  82 

115,067  49 

Mississippi     - 

1,400  00 

4,560  44 

- 

19,481  55 

53,291  38 

Illinois 

494  36 

_ 

_ 

37,841  19 

8,500  00 

Alahama        - 

1,174,362  98 

14,628  98 

. 

31,411  21 

92,725  73 

Missouri 

5,288  69 

- 

- 

49,498  '.t2 

24,575  09 

Michigan 

34,534  12 

20,809  89 

'- 

29,884  99 

84,523  56 

Arkansas 

- 

- 

- 

- 

47,477  20 

Florida 

104,000  00 

121,534  63 

- 

. 

102,9£5  15 

Columbia 

.  43,781  74 

- 

4,403,304  46 

118,180  82 

- 

Cumberland  Road     - 

- 

. 

- 

- 

2,443,420  20 

Subscription  to  the  Chesa- 

peak  and  Delaware  Canal 

- 

- 

- 

-      ' 

450,000  00 

Suh3cri|i:ion  to  the  Dismal 

Swamp  Canal 

- 

- 

- 

- 

200,000  00 

Subscription    to   the  Louis- 

ville and"  Portland  Canal 

233,500  00 

Subscrip'Jon  to   the  Chesa- 

peak  and  Ohio  Canal 

- 

- 

. 

. 

200,000  00 

Improving  the  navigation  o( 

Mi3sis3:ppi  and  Ohio  river> 

■ 

- 

- 

- 

180,315  65 

Total, 

13,420,639  24 

3,348,716  35 

180,303,079  31 

20,492,647  27 

5,310,930  11 

Under  the  head  of  Internal  Improvements  are  included  the  building  of  Piers,  preservation  of  Ports  and 
Ilarbors,  making  I'.oads,  and  removing  Obstructions  in  livers. 


BRITISH  STATISTICS. 


[43 


A  RETURN  of  the   Salaries  given  to  persons  in  all  Public  Offices  or  Depart- 
ments, in  the  years  1797,  1815,  and  1627,  in  Great  Britain  and  Ireland. 


1797. 

1815. 

1827. 

OFFICES. 

Amount  of  Sal- 

Amount of  Sal- 

Amount of  Sal- 

aries. 

aries. 

aries. 

Treasury,  including  Commissa- 

£     s.    d 

£      s. 

d. 

£      s.    d. 

riat  Department 

4G,154  18    t 

78,638  19 

9 

67.138  10    0 

Secretary  of  State,  Home  Dep't 

14,770  16    e 

22,323  17 

& 

20,930  14    0 

Do                do        Foreign     do 

12,393  12    0 

23.592    8 

8 

24,536    4    5 

Do                do         Colonial    do 

6,850    0    C 

18,394  18 

0 

21,849    7    6 

Privy  Council  Office 

7,888  18    4 

10,030    0 

0 

9,635    3  11 

Do                 do            for  Trade 

3,928  10    0 

5,835  12 

6 

11,431     7    1 

Admiralty 

14,140    0    0 

32,059    0 

0 

25,655    0    0 

Navy  Office 

32,890    0    G 

56,180    0 

0 

50,790    0    0 

Navy  Pay  Office 

16,435    7    0 

3-J,866  14 

(1 

25,144    4    8 

Royal  Marine  Office 

- 

1.340    0 

0 

1,970    0    0 

Victualling  Office 

18,887    0    0 

44,740    0 

0 

31,420    0    0 

Audit  Office 

8,500    0    0 

39,145    0 

0 

27.185    0    0 

Colonial  Audit  Office      - 

. 

5,850    0 

0 

7;i40    0    0 

Ordnance  Office 

46,031  10    2 

177,553  16 

0 

116,688    0  .  0 

Customs,  United  Kingdom 

3:38,648  16    S 

1,048,341  14 

6 

964.750  10    6 

Excise               do 

413,281  17  11 

868,712    9 

8 

768^95    5  10 

Stamps              do 

78,746  13     1 

156,838  14  IC 

134,065    1  11 

Taxes      - 

58,331    0    0 

111,428    0 

0 

74,190    0    0 

Post  Office,  Great  Britain 

54,030  12    0 

83,380  12 

4 

85,970    3    4 

Do                 Ireland 

9,278  11     3 

23,559  16  11 

21,961  12  11 

Mint  Office 

9,725  11    6 

10,313    0 

C 

10,952    6    0 

War  Office 

36,6J7  13    7 

59,837  19 

0 

33,644  13    9 

Pay  Office 

11,340    0    0 

22,295    0 

0 

19,746  10    0 

Commander-in-Chief's  Office 

2,558  12    0 

8,091    0 

0 

8,114    2    0 

Quarter-Master-General'sOffice 

4,006  14    0 

8,798    2 

& 

5,531  18    8 

Adjutant-General's  Office 

2,350  14    2 

8,626    1 

3 

7,496  18    8 

Judge  Advocate-Gen'ls.  Office 

1,662    2    6 

4,630    0 

0 

4,120    0    0 

Office  for  Military  Boards 

- 

1,531     0 

C 

1,075  12    6 

Army  Medical  Board  Office 

2,198  10    0 

7,758  19 

0 

5,617    5    0 

Chaplain-General's  Office 

535    0    0 

1,270    0 

0 

1,417    5    0 

Secretary's  Office,  Chelsea  Hos- 

pital 

850    0    0 

3,272  16 

0 

10,811    4    9 

Agent's  Office        do            do 

1,600    0    0 

3,462    0 

0 

7,883  16    0 

Deputy  Treasurer's  Office,Chel- 
sea  Hospital 

- 

530    0 

0 

1,531    4    0 

Alien  Office 

650    0    0 

4,794    3 

4 

1,166  16    0 

Stationary  Office 

2,045    0    0 

5,779    8 

0 

4,756    4    0 

Registrar   of  Colonial   Slaves' 
Office 

. 

. 

1,210    0    0 

State  Paper  Office 

760    0    0 

1,130    0 

6 

1,300    0    0 

Comptrollers  of  Army  Accounts' 

Office 

4,470    0    0 

12,065  14  11 

12,125    4    0 

National  Debt  Office      . 

1,621  18    6 

3,566    6  11 

6,090  11    9 

Lottery  Office 

12,175  17    0 

10,382    8 

6 

3,561    3    4 

Hackney-coach  and  Hawkers' 

and  Pedlars'  Office      - 

3,866    3    3 

5,037  16 

6 

5,396  15    2 

Auditor  of  the  Exchequer  Office 

11,715    0    0 

15,500    0 

0 

12,792    0    0 

Teller  of  the  Exchequer  Office 

- 

5,600    0 

0 

5,.556  14    0 

Do                       do 

4,700    0    0 

5,800    0 

0 

5,800    0    0 

Do                      do 

. 

. 

5,700    0    0 

Do                      do 

4,700    0    0 

5,450    0 

0 

5,768  15    4 

Pell«  Office,  Exchequer 

6,935    0    0 

11,095    0 

0 

7,352  10    0 

44] 


ANNUAL  REGISTER,  1830—31. 


RETURN.— Continued  , 


Exchequer  Bill  Office 

Woods,  Forests,  and  Land  Rev- 
enue Office 

Auditors'  Land  Revenue  Office 

Civil  Establishment,  Isle  of  Man 

Alienation  Office 

Hawkers'  and  Pedlars'  Office, 
Scotland 

Barons'  Exchequer,  Scotland 

Ireland. 
Chief  Secretary's  Office,  Civil 

Department 
Chief  Secretary's  Office,  Milita- 
ry Department 
Chief  Secretary's  Office,  Yeo- 
manry Department 
Chief  Secy's  Office,  London 
Privy  Council  Office 
Privy  Seal  Office 
Office  of  Works 
Office  for  Auditing  Civil  Acc'ts. 
Board  of  First  Fruits      - 
Hibernian  School 
Inland  Navigation  Office 
Office  of  the  Lieutenant-Gen- 

eral  Commanding 
Army  Medical  Office 
Military  Account  Office 
Quarter-Master-Gen'l's  Office 
Provost-Marshal- Gen'l's  Office 
Adjutant- General's  Office 
Commissariat 

Royal  Hospital,  Kilmainham 
Military  Hospital,  Phoenix-park 
Vice-Treasurer's  Office 


1,690  0  0 

3,800  0  0 

3,320  0  O 

. 

6,190  0  0 

8,243  11  5 

835  13  4 

1,270  13  4 

1,610  13  4 

2,214  19  8 

3,224  0  0 

4,725  15  0 

760  0  0 

760  0  0 

560  0  0 

_ 

16,988  3  4 

100  0  a 

10,548  3  4 

"■ 

13,223  3  4 

11,496  6  0 

12,460  13  7 

12,876  13  3 

3,348  12  10 

6,535  13  3 

2,418  9  2 

642  19  5 

2,029  17  0 

853  0  4 

- 

2,770  0  0 

3,773  8  0 

2,577  2  2 

2,577  2  2 

2,577  2  2 

1,304  12  3 

1,394  12  3 

1,394  12  3 

4,107  12  9 

4,765  11  0 

3,029  0  9 

4,085  0  0 

7,754  0  0 

7,823  10  0 

75  13  9 

540  0  0 

775  8  0 

512  1  6 

1,056  1  6 

1,694  0  4 

- 

6,233  15  1 

5,763  19  4 

270  0  0 

2,014  16  11 

1,169  1  7 

972  10  0 

1.934  2  6 

1,380  12  6 

1,980  0  0 

9;689  0  0 

5,549  0  0 

- 

1,122  3  0 

994  19  3 

133  0  0 

242  10  0 

182  10  0 

- 

1,834  2  8 

1,018  7  9 

- 

11 ,618  15  0 

5,768  16  10 

2,909  2  8 

4,643  0  6 

3,408  7  4 

415  2  8 

696  13  4 

562  5  10 

15,320  10  8 

20,266  7  7 

6,302  7  8 

1,374,561  3  1 

3,202,439  5  5 

2,788,907  11  9 

BRITISH  STATISTICS. 


[45 


POOR-RATE  RETURNS. 

A  RETURN  of  the  Poor-Rates  in  every  Parish  in  England  and  Wales,  for  the 
years  ending  25th  March  182G,  1827,  1828,  and  182!)  ;  together  with  the 
amount  of  the  estimates  of  the  annual  value  of  Real  Property,  assessed  in 
April  1815,  for  the  purposes  of  the  Property -Tax. 


Property  Tax: 
Amount  of  Estimates  of 
the  Annual  Value  of 
the  Real  Property,  as 
assessed  April  1815. 

ENGLAND. 

COUNTIES. 

Years  ending  25th  March. 

1826. 

1827. 

1828. 

J829. 

£ 

£       s. 

£      s. 

£       s 

£      s. 

Bedford     - 

343,683 

74,989  10 

81,959  18 

77,976    2 

77,554    3 

Berks 

643,781 

101,279    4 

99,527    4 

96,257  11 

105,624    2 

Buckingham 

643,492 

125,697    8 

132^677    ] 

124,198  1! 

124,497  13 

Cambridge 

645,554 

90,290  18 

90,007    6 

91,307  1! 

94,369    4 

Chester     - 

1.082,724 

87,512  11 

108,753    0 

100,601  IC 

98,105  17 

Cornwall 

'916,060 

92,929  14 

99,108  17 

101,538    L 

98,520    3 

Cumberland 

702,839 

42,036    7 

45,718  19 

45,971    2 

43,783  16 

Derby 

885,402 

68,878    6 

76,568  13 

76,034  11 

74,800    3 

Devon 

1 ,897,515 

208,388    6 

213,538  11 

207,780  IC 

207,500  10 

Dorset 

698,395 

81,984  10 

82,794  18 

80,492    5 

82,461  12 

Durham    - 

789,697 

75,742    9 

76,702  17 

78,965  14 

80,769  13 

Essex 

1,549,385 

225,012    5 

231.278    2 

247,386  13 

262,215    4 

Gloucester 

1,463,260 

137,627    0 

152,238    2 

149;856    5 

146,895    1 

Hereford 

603,371 

56,546  11 

57,423    9 

57,500  14 

57,059  15 

Hertford 

571,107 

87,804    1 

93,064  12 

89,909    0 

91,795  14 

Huntinffdon     - 

321,963 

40,390  17 

42,127    6 

38,841  IC 

41,557   8 

Kent          - 

1,644,179 

329,341  11 

337,832  18 

333,029  13 

340,525    0 

Lancaster 

3,087,774 

236,172  12 

347,911  18 

289,335    i 

260,891    8 

Leicester 

892,951 

98,627  15 

117,962    2 

110,501  14 

106,862    9 

Lincoln 

2,059,710 

157,914  18 

167,987  12 

169,890    9 

171,564  19 

Middlesex 

5,595,537 

555,797    2 

'  612,147  14 

659,484    1 

659,925    2 

Monmouth 

295,097 

22,61111 

23,734    1 

23,337  16 

22,975  14 

Norfolk     - 

1,535,526 

266,634  17 

297:,  156    3 

281,121  17 

275,859    0 

Northampton 

940,387 

132,602  14 

148,175  13 

140,585    G 

140,925  19 

Northumberland 

1,239,613 

67,048  14 

69,290    7 

70,639    5 

72,274  17 

Nottingham 

733,108 

60,292    3 

71,935  13 

71,534  11 

69,137    7 

Oxford 

712.307 

115,960  15 

119,738  19 

122,073  16 

123,398  17 

Rutland 

132,760 

8,5(53    & 

9,479  18 

9,291  16 

9,138  12 

Salop 

1,039,061 

76,825  19 

80,753  18 

80,195  12 

80,063    5 

Somerset 

1,899,491 

151,422    ] 

163,225    4 

159,810  Ic 

155,205  12 

Southampton 

1 ,123.520 

194,034    1 

184,928  18 

186,456    i 

193,370  18 

Stafford 

1,150,285 

108,258  18 

124,958  19 

128,466  16 

U9,977  14 

Suffolk      - 

1,127,404 

233,521  14 

223,037    2 

216,055  14 

242,055  19 

Surrey 

1,579,173 

215,034  15 

241,582    4 

236,063    C 

243,451  16 

Sussex 

913,560 

240,138  18 

239,778  12 

228,938    4 

235,744  12 

Warwick    *     - 

1,230,967 

132,574  13 

144,581  12 

146,353  17 

141,578  18 

Westmoreland 

297,82'/ 

22.854    5 

27,114    3 

27,364  lb 

24,793    3 

Wilts 

1,156,05-1 

160,724    1 

105,443    2 

158,109  14 

173,480    0 

Worcester 

799,025 

72,766    1 

76,954    6 

74,028  1! 

75,862  15 

York,  East  Riding 

1,186,509 

87,831  11 

95,629    1 

95,419  18 

98,011    6 

North  Riding 

1,144,849 

72409    4 

76,566    4 

77,601  15 

80,322    0 

West  Riding 

2,385,826 

228,653    C 

298,482  13 

270,889  13 

263,361  17 

Total  of  England 

49,660,728 

5,676,326  Ifc 

J,179,877  11 

6,031,200    7 

6,068,268  17 

WALES. 


Anglesey 

1       92,589 

14,624  191 

15,285    3 

15,684    2     15,830  15 

Brecon      - 

-     1     146,539 

16,403  16| 

17,019    8 

16,172    3     16,264  11 

46] 


ANNUAL  REGISTER,  1830—31. 


Cardigan 

141,889 

15,571  — 

15,904  13 

16,449  19 

16,517    I 

Carmarthen 

277,455 

28,434  19 

30,353    4 

30,227  14 

29,992  10 

Carnarvon 

125,198 

17,987  12 

19,331  — 

20,038    4 

19,868    8 

Denbigh 

225,464 

30,536  13 

32,305  15 

32,634  10 

32,307    6 

Flint 

153,930 

18,342  16 

19,037    2 

19,910  11 

20,216    5 

Glamorgan 

334,192 

32,972  12 

32,972    4 

33,392    4 

32,871  — 

Merioneth 

110,477 

14.281  16 

14,477    7 

14,746  18 

14.219  15 

Montgomery 

203,605 

29,554  16 

29,997  12 

32.006    2 

30,993  19 

Pembroke 

219,096 

21,982    5 

22,506    8 

23,370  14 

22,896  14 

Radnor 

99,717 

11,481  14 

12,020  19 

12,166  13 

12,163    6 

Total  of  Wales 

2,130,151 

252,174  18 

261,210  15 

266,799  14 

264,141  10 

Total  of  England  and 

Wales          - 

51,790,879 

5,928,501  16 

6,441,088  616,298,000    1 

6,332,410    7 

Abstract  of  the  Net  Produce  of  the  Revenue  of  Great  Britain,  in  the 

years  ended 

5th  January  1830  and  1831 

Year  ended 

Year  ended 

5th  Jan. 

5th  Jan. 

1830. 

1831. 

Customs          .           .           .           -           - 

£16,023,860 

£16,343,561 

Excise       ....-- 

17,749,721 

16,895,775 

Stamps             ...            -            - 

- 

6,644,635 

6,605,291 

Taxes   under  the  management  of  commissioners 

ol 

taxes,  including  arrears  of  property 

4,896,566 

5,013,405 

Post  Office      -            -            -            -            - 

- 

1,376.000 

1,358,011 

Is.  6d.  and  45.  in  the  pound  on  pensions 

54,493 

51,226 

Hackney  coaches,  and  hawkers  and  pedlars 

- 

61,167 

58,089 

Crown  lands         .             -             -            -            - 

- 

- 

Small  branches  of  the  king's  hereditary  revenue 

. 

6,631 

4,653 

Surplus  fees,  regulated  public  offices 

55,013 

44,684 

Total  ord.  revenue       .            -            - 

46,868  086 

46,-374,695 

Imprest  and  other  monies             ... 

- 

271,787 

124,728 

Total  revenue 

47,139,873 

46,499,423 

Applied  to  the  consolidated  fund 

28,949,449 

30,395,996 

To  pay  off  exchequer  bills  charged   on  the  annual 

duties           -            -            .            -            - 

- 

3,174,102 

2,918,087 

Applied  as  part  of  the  ways  and  means  of  the  year 

15,016,322 

13,185,340 

Total          -            -            - 

47,189,873 

46,499,423; 

PUBLIC   DOCUMENTS. 


1. —DOMESTIC. 


Message  from  the  President  of  the  United  States,  to  the  Twenty- 
first  Congress, — Second  Session. 


Fellow-Citizens  of  the  Senate, 

and  House  of  Representatives. 

The  pleasure  I  have  in  con- 
gratulating you  on  your  return  to 
your  constitutional  duties  is  much 
heightened  by  the  satisfaction 
which  the  condition  of  our  belov- 
ed country  at  this  period  justly 
inspires.  The  benificent  Author 
of  all  good  has  granted  to  us, 
during  the  present  year,  health, 
peace,  and  plenty,  and  numerous 
causes  for  joy  in  the  wonderful 
success  which  attends  the  prog- 
ress of  our  free  institutions. 

With  a  population  unparalleled 
in  its  increase,  and  possessing  a 
character  which  combines  the 
hardihood  of  enterprise  with  the 
considerateness  of  wisdom,  we 
see  in  every  section  of  our  happy 
country  a  steady  improvement  in 
the  means  of  social  intercourse, 
and  correspondent  effects  upon 
the  genius  and  laws  of  our  ex- 
tended republic. 


Tha  apparent  exceptions  to 
the  harmony  of  the  prospect  are 
to  be  referred  rather  to  the  inev- 
itable diversities  in  the  various 
interests  which  enter  into  the 
composition  of  so  extensive  a 
whole,  than  to  any  want  of  at- 
tachment to  the  Union — interests 
whose  collisions  serve  only,  in 
the  end,  to  foster  the  spirit  of 
conciliation  and  patriotism,  so  es- 
sential to  the  preservation  of  that 
Union,  which,  I  most  devoutly 
hope,  is  destined  to  prove  im- 
perishable. 

In  the  midst  of  these  blessings, 
we  have  recently  witnessed  chan- 
ges in  the  condition  of  other  na- 
tions, which  may,  in  their  conse- 
qiences,  call  for  the  utmost  vigi- 
lance, wisdom,  and  unanimity  in 
our  councils,  and  the  exercise  of 
all  the  moderation  and  patriotism 
of  our  people. 

The  important  modifications  of 
their   government,  effected  with 


48] 


ANNUAL  JIEGISTER,  1830—31. 


so  much  courage  and  wisdom  by 
the  people  of  France,  afford  a 
happy  presage  of  their  future 
course,  and  have  naturally  elicited 
from  the  kindred  feelings  of  this 
nation  that  spontaneous  and  uni- 
versal burst  of  applause  in  which 
you  have  participated.  In  con- 
gratulating you,  my  fellow-citi- 
zens, upon  an  event  so  auspicious 
to  the  dearest  interests  of  man- 
kind, I  do  no  more  than  respond 
to  the  voice  of  my  country,  with- 
out transcending,  in  the  slightest 
degree,  that  salutary  maxim  of 
the  illustrious  Washington,  which 
enjoins  an  abstinence  from  all 
interference  with  the  internal  af- 
fairs of  other  nations.  From  a 
people  exercising,  in  the  most 
unlimited  degree,  the  right  of 
self-government,  and  enjoying,  as 
derived  from  this  proud  charac- 
teristic, under  the  favor  of  heaven, 
much  of  the  happiness  with  which 
they  are  blessed ;  a  people  who 
can  point  in  triumph  to  their  free 
institutions,  and  challenge  com- 
parison with  the  fruits  they  bear, 
as  well  as  with  the  moderation, 
intelligence,  and  energy,  with 
which  they  are  administered ; 
from  such  a  people,  the  deepest 
sympathy  was  to  be  expected  in 
a  struggle  for  the  sacred  princi- 
ples of  liberty,  conducted  in  a 
spirit  every  way  worthy  of  the 
cause,  and  crowned  by  an  heroic 
moderation  which  has  disarmed 
revolution  of  its  terrors.  Not- 
withstanding the  strong  assurances 
which  the  man  w4iom  we  so  sin- 
cerely love  and  justly  admire  has 
given  to  the  world  of  the  high 
character  of  the  present  king  of 
the  French,  and  which,  if  sustain- 


ed to  the  end,  will  secure  to  him 
the  proud  appellation  of  Patriot 
King,  it  is  not  in  his  success,  but 
in  that  of  the  great  principle 
which  has  borne  him  to  the  throne 
— the  paramount  authority  of  the 
public  will — that  the  American 
people  rejoice. 

I  am  happy  to  inform  you  that 
the  anticipations  which  were  in- 
dulged at  the  date  of  my  last 
communication  on  the  subject  of 
our  foreign  affairs,  have  been  fully 
realised  in  several  important  par- 
ticulars. 

An  arrangement  has  been  ef- 
fected with  Great  Britain,  in  rela- 
tion to  the  trade  between  the  U. 
States  and  her  West  India  and 
North  American  colonies,  which 
has  settled  a  question  that  has  for 
years  afforded  matter  for  conten- 
tion and  almost  uninterrupted  dis- 
cussion, and  has  been  the  subject 
of  no  less  than  six  negotiations, 
in  a  manner  which  promises  re- 
sults highly  favorable  to  the  par- 
ties. 

The  abstract  right  of  Great 
Britain  to  monopolize  the  trade 
with  her  colonies,  or  to  exclude 
us  from  a  participation  therein, 
has  never  been  denied  by  the 
United  States.  But  we  have 
contended,  and  with  reason,  that 
if,  at  any  time.  Great  Britain  may 
desire  the  productions  of  this 
country,  as  necessary  to  her  col- 
onies, they  must  be  received  upon 
principles  of  just  reciprocity  ;  and 
further,  that  it  is  making  an  invid- 
ious and  unfriendly  distinction,  to 
open  her  colonial  ports  to  the 
vessels  of  other  nations,  and  close 
them  against  those  of  the  United 
States. 


PUBLIC  DOCUMENTS. 


[49 


Antecedently  to  1794,  a  por- 
tion of  our  productions  was  ad- 
mitted into  the  colonial  islands  of 
Great  Britain,  by  particular  con- 
cession, limited  to  the  term  of  one 
year,  but  renewed  from  year  to 
year.  In  the  transportation  of 
these  productions,  however,  our 
vessels  were  not  allowed  to  en- 
gage; this  being  a  privilege  re- 
served to  British  shipping,  by 
which  alone  our  produce  could  be 
taken  to  the  islands,  and  theirs 
brought  to  us  in  return.  From 
Newfoundland  and  her  continen- 
tal possessions,  all  our  produc- 
tions, as  well  as  our  vessels,  were 
excluded,  with  occasional  relaxa- 
tions, by  which,  in  seasons  of 
distress,  the  former  were  admitted 
in  British  bottoms. 

By  the  treaty  of  1794,  she 
offered  to  concede  to  us,  for  a 
limited  time,  the  right  of  carrying 
to  her  West  India  possessions,  in 
our  vessels  not  exceeding  seventy 
tons  burden,  and  upon  the  same 
terms  as  British  vessels,  any  pro- 
ductions of  the  United  States 
which  British  vessels  might  im- 
port therefrom.  But  this  privi- 
lege was  coupled  with  conditions 
which  are  supposed  to  have  led 
to  its  rejection  by  the  Senate ; 
that  is,  that  American  vessels 
should  land  their  return  cargoes 
in  the  United  States  only ;  and, 
moreover,  that  they  should,  during 
the  continuance  of  the  privilege, 
be  precluded  from  carrying  mo- 
lasses, sugar,  coffee,  cocoa,  or 
cotton,  either  from  those  islands 
or  from  the  United  States,  to  any 
other  part  of  the  world.  Great 
Britain  readily  consented  to  ex- 
punge this  article  from  the  treaty ; 
and  subsequent  attempts  to  ar- 
5 


range  the  terms  of  the  trade, 
either  by  treaty  stipulations  or 
concerted  Iegislation,having  failed, 
it  has  been  successively  suspend- 
ed and  allowed,  according  to  the 
varying  legislation  of  the  parties. 

The  following  are  the  promi- 
nent points  which  have,  in  later 
years,  separated  the  two  govern- 
ments. Besides  a  restriction, 
whereby  all  importations  into  her 
colonies  in  American  vessels  are 
confined  to  our  own  products  car- 
ried hence,  a  restriction  to  which 
it  does  not  appear  that  we  have 
ever  objected,  a  leading  object 
on  the  part  of  Great  Britain  has 
been  to  prevent  us  from  becoming 
the  carriers  of  British  West  In- 
dia commodities  to  any  other 
country  than  our  own.  On  the 
part  of  the  United  States,  it  has 
been  contended,  1st.  That  the 
subject  should  be  regulated  by 
treaty  stipulations,  in  preference 
to  separate  legislation  :  2d.  That 
our  productions,  when  imported 
into  the  colonies  in  qaestion,should 
not  be  subject  to  higher  duties 
thanthe  productions  of  the  mother 
country,  or  of  her  other  colonial 
possessions;  and,  3d.  That  our 
vessels  should  be  allowed  to  par- 
ticipate in  the  circuitous  trade 
between  the  United  States  and 
different  parts  of  the  British  do- 
minions. 

The  first  point,  after  having 
been,  for  a  long  time,  strenuously 
insisted  upon  by  Great  Britain, 
was  given  up  by  the  act  of  Par- 
Hament  of  July,  1 825  ;  all  vessels 
suffered  to  trade  with  the  colonies 
bemg  permitted  to  clear  from 
thence  with  any  articles  which 
British  vessels  might  export,  and 
proceed  to  any  part  of  the  world. 


m] 


ANNUAL  REGISTER,  1830—51. 


Great  Britain  and  her  dependen- 
cies alone  excepted.  On  our  part, 
each  of  the  above  points  had,  in 
succession,  been  explicitly  aban- 
doned in  negotiations  preceding 
that  of  whicli  the  result  is  now 
announced. 

This  arrangement  secures  to 
the  United  States  every  advan- 
tage asked  by  them,  and  which 
the  state  of  the  negotiation  allow- 
■ed  us  to  insist  upon.  The  trade 
will  be  placed  upon  a  footing  de- 
cidedly m.ore  favorable  to  this 
country  than  any  on  which  it  ever 
stood ;  and  our  commerce  and 
navigation  will  enjoy,  in  the  colo- 
nial ports  of  Great  Britain,  every 
privilege  allowed  to  other  nations. 

That  the  prosperity  of  the 
country,  so  far  as  it  depends  on 
this  trade,  will  be  greatly  promot- 
ed by  the  ne'w  arrangement,  there 
can  be  no  doubt.  Independently 
of  the  more  cbvious  advantages  of 
an  open  and  direct  intercourse, 
its  establishment  will  be  attended 
with  other  consequences  of  a 
higher  value.  That  which  has 
been  carried  on  since  the  mutual 
interdict  under  all  the  expense 
and  inconvenience  unavoidably 
incident  to  it,  \vould  have  been 
insupportably  onerous,  had  it  not 
been,  in  a  great  degree,  lightened 
by  concerted  evasions  in  the  mode 
of  making  the  transhipments  at 
what  are  called  the  neutral  ports. 
These  indirections  are  inconsistent 
with  the  dignity  of  nations  that 
have  so  many  motives,  not  only  to 
cherish  feelings  of  mutual  friend- 
ship, but  to  maintain  such  rela- 
tions as  will  stimulate  their  re- 
spective citizens  and  subjects  to 
efforts  of  direct,  open,  and  honor- 
able competition  only,and  preserve 


them  from  the  influence  of  seduc- 
tive and  vitiating  circumstances. 

When  your  preliminary  inter- 
position was  asked  at  the  close 
of  the  last  session,  a  copy  of  the 
instructions  under  which  Mr  Mc- 
Lane  has  acted,  together  with  the 
communications  which  had  at  that 
time  passed  between  him  and  the 
British  government,  was  laid  be- 
fore you.  Although  there  has 
not  been  any  thing  in  the  acts  of 
the  two  governments  which  re- 
quires secrecy,  it  was  thought 
most  proper,  in  the  then  state  of 
the  negotiation,  to  make  that  com- 
munication a  confidential  one.  So 
soon,  however,  as  the  evidence  of 
execution  on  the-  part  of  Great 
Britain  is  received,  the  whole 
matter  shall  be  laid  before  you, 
when  it  will  be  seen  that  the  ap- 
prehension which  appears  to  have 
suggested  one  of  the  provisions  of 
the  act  passed  at  your  last  session, 
that  the  restoration  of  the  trade  in 
question  might  be  connected  with 
other  subjects,  and  was  sought  to 
be  obtained  at  the  sacrifice  of  the 
public  interest  in  other  particu- 
lars, was  wholly  unfounded  ;  and 
that  the  change  w^hich  has  taken 
place  in  the  views  of  the  British 
Government  has  been  induced  by 
considerations  as  honorable  to 
both  parties  as,  I  trust,  the  result 
will  prove  beneficial. 

This  desirable  result  was,  it 
will  be  seen,  greatly  promoted  by 
the  liberal  and  confiding  provis- 
ions of  the  act  of  Congress  of  the 
last  session,  by  which  our  ports 
were,  upon  the  reception  and  an- 
nunciation by  the  President  of  the 
required  assurance  on  the  part  of 
Great  Britain,  forthwith  opened 
to  her  vessels,  before  the  arrange- 


PUBLIC!  DOCUMENTS. 


[51 


ment  could  be  carried  into  effect 
on  her  part ;  pursuing,  in  this  act 
of  prospective  legislatio  i,  a  simi- 
lar course  to  that  adopted  by 
Great  Britain,  in  abolishing,  by 
her  act  of  Parliament  in  1825,  a 
restriction  then  existing,  and  per- 
mitting our  vessels  to  clear  from 
ttie  colonies,  on  their  return  voy- 
ages, for  any  foreign  country 
whatever,  before  British  vessels 
had  been  relieved  from  the  re- 
striction imposed  by  our  law,  of 
returning  directly  from  the  United 
States  to  the  colonies — a  restric- 
tion which  she  required  and  ex- 
pected that  we  should  abolish. 
Upon  each  occasion,  a  limited 
and  temporary  advantage  has  been 
given  to  the  opposite  party,  but 
an  advantage  of  no  importance  in 
comparison  with  the  restoration 
of  mutual  confidence  and  good 
feelings,  and  the  ultimate  estab- 
lishment of  the  trade  upon  fair 
principles. 

It  gives  me  unfeigned  pleasure 
to  assure  you  that  this  negotiation 
has  been,  throughout,  character- 
ised by  the  most  frank  and  friendly 
spirit  on  the  part  of  Great  Britain, 
and  concluded  in  a  manner 
strongly  indicative  of  a  sincere 
desire  to  cultivate  the  best  rela- 
tions with  the  United  States.  To 
reciprocate  this  disposition  to  the 
fullest  extent  of  my  ability,  is  a 
duty  which  I  shall  deem  it  a  priv- 
ilege to  discharge. 

Although  the  result  is,  itself, 
the  best  commentary  on  the  ser- 
vices rendered  to  his  country  by 
our  Minister  at  the  court  of  St 
James,  it  would  be  doing  violence 
to  my  feelings  were  I  to  dismiss 
the  subject  without  expressing  the 
very  high  sense  I  entertain  of  the 


talent  and  exertion  which  have 
been  displayed  by  him  on  the  oc- 
casion. 

The  injury  to  the  commerce  of 
the  United  States  resultins;  from 
the  exclusion  ot  our  vessels  from 
the  Black  sea,  and  the  previous 
footing  of  mere  sufferance  upon 
which  even  the  limited  trade  en- 
joyed  by   us  with    Turkey   lias 
hitherto  been  placed,  have,  for  a 
long  tune,  been  a  source  of  much 
solicitude  to  this  government,  and 
several  endeavors  have  been  made 
to  obtain  a  better  state  of  things. 
Sensible  of  the  importance  of  ti>e 
object,  1  felt  it  my  u'uty  to  leave 
no  proper  means  unemployed  to 
acquire    for  our   flag    the    same 
privileges  that  are  enjoyed  by  the 
principal  powers  of  Europe.  Com- 
missioners were,  consequently  ap- 
pointed,   to   open    a    negotiation 
with   the    Sublime    Porte.     Not 
long  after  the  member  of  the  com- 
mission who  went  directly  from 
the  United  States  had  sailed,  the 
account  of  the  treaty  of  Adrlano- 
ple,  by  which  one  of  the  objects 
in  view  was  supposed  to  be-  se- 
cured, reached  this  country.  The 
Black  sea  was  urnlerstood  to  be 
opened  to  us.     Under  the  sup- 
position that  this  was  the  case,  the 
additional  facilities  to  be  derived 
from    the  establishment  of  com- 
mercial regulations  with  the  Porte 
were  deemed  of  sufficient  impor- 
tance to  require  a  prosecution  of 
the  negotiation  as  originally  con- 
templated.    It  was  therefore  per- 
severed   in,    and    resulted    in    a 
treaty,  which   will    be   forthwith 
laid  before  the  Senate. 

By  its  provisions,  a  free  pas- 
sage is  secured,  without  limita- 
tion of  time,  to  the  vessels  of  the 


52] 


ANNUAL  REGISTER,  1830—31. 


United  States,  to  and  from  the 
Black  sea,  including,  the  naviga- 
tion thereof;  and  oui-  trade  with 
Turkey  is  placed  on  the  fooling 
of  the  most  favored  nation.  The 
latter  is  an  arrangement  wholly 
independent  of  the  treaty  of 
Adrianople  ;  and  the  former  de- 
rives much  value,  not  only  from 
the  increased  security  which,  un- 
der any  circumstances,  it  would 
give  to  the  right  in  question,  but 
from  the  fact,  ascertained  in  the 
course  of  the  negotiation,  that,  by 
the  construction  put  upon  that 
treaty  by  Turkey,  the  article  re- 
lating to  the  passage  of  the  Bos- 
phorus  is  confined  to  nations  hav- 
ing treaties  widi  the  Porte.  The 
most  friendly  feelings  appear  to 
be  entertained  by  the  Sultan,  and 
an  enlightened  disposition  is  evinc- 
ed by  him  to  foster  the  intercourse 
between  the  two  countries  by  the 
most  liberal  arrangements.  This 
disposition  it  will  be  our  duty  and 
interest  to  cherish. 

Our  relations  w^ith  Russia  are 
of  the  most  stable  character.  Re- 
spect for  that  empire,  and  confi- 
dence in  its  friendship  towards 
the  United  States,  have  been  so 
long  entertained  on  our  part,  and 
so  carefully  cherished  by  the  pre- 
sent emperor  and  his  illustrious 
predecessor,  as  to  have  become 
incorporated  with  the  public  sen- 
timent of  the  United  States.  No 
means  will  be  left  unemployed  on 
my  part  to  promote  these  salutary 
feelings,  and  those  improvements 
of  which  the  commercial  inter- 
course between  the  two  countries 
is  susceptible,  and  which  have  de- 
rived increased  importance  from 
our  treaty  with  the  Sublime  Porte. 

I  sincerely  regret  to  inform  you 


that  our  jMinister  lately  commis- 
sioned to  that  court,  on  whose 
distinguished  talents  and  great  ex- 
perience in  public  affairs  1  place 
great  reliance,  has  been  compel- 
led by  extreme  Indisposition  to 
exercise  a  privilege,  which,  in 
consideration  of  the  extent  to 
which  his  constitution  had  been 
impaired  in  the  public  service, 
was  committed  to  his  discretion, 
of  leaving  temporarily  his  post 
for  the  advantage  of  a  more  ge- 
nial climate. 

If,  as  it  is  to  be  hoped,  the  im- 
provement of  his  health  should  be 
such  as  to  justify  him  in  doing  so, 
he  will  repair  to  St  Petersburg, 
and  resume  the  discharge  of  his 
official  duties.  1  have  received 
the  most  satisfactory  assurance 
that,  in  the  mean  time,  the  pub- 
lic interests  in  that  quarter  will 
be  preserved  from  prejudice,  by 
the  intercourse  which  he  will  con- 
tinue, through  the  Secretary  of 
Legation,  with  the  Russian  cabi- 
net. 

You  are  apprised,  although  the 
fact  has  not  yet  been  officially 
announced  to  the  House  of  Rep- 
resentatives, that  a  treaty  was,  in 
the  month  of  March  last,  conclud- 
ed between  the  United  States  and 
Denmark,  by  which  $650,000 
are  secured  to  our  citizens  as  an 
indemnity  for  spoliations  upon 
their  commerce  in  the  years  1808, 
1S09,  1810,  and  ISll.  This 
treaty  was  >anctioned  by  the  Sen- 
ate at  the  close  of  its  last  session  ; 
and  it  now  becomes  the  duty  of 
Congress  to  pass  the  necessary 
laws  for  the  organization  of  the 
Board  of  Commissioners  to  dis- 
tribute the  indemnity  amongst  the 
claimants.      It   is  an   agreeable 


PUBLIC  DOCUMENTS. 


[53" 


circumstance  in  this  adjustment, 
that  its  terms  are  in  conformity 
with  the  previously  ascertained 
views  of  the  claimants  themselves ; 
thus  removing  all  pretence  for  a 
future  agitation  of  the  subject  in 
any  form. 

The  negotiations  in  regard  to 
such  points  in  our  foreign  rela- 
tions as  remain  to  be  adjusted, 
have  been  actively  prosecuted 
during  the  recess.  Material  ad- 
vances have  been  made,  which 
are  of  a  character  to  promise  fa- 
vorable results.  Our  country,  by 
the  blessing  of  God,  is  not  in  a 
situation  to  invite  aggression  ;  and 
it  will  be  our  fault  if  she  ever  be- 
comes so.  Sincerely  desirous  to 
cultivate  the  most  liberal  and 
friendly  relations  with  all;  ever 
ready  to  fulfil  our  engagements 
with  scrupulous  fidelity  ;  limiting 
our  demands  upon  others  to  mere 
justice  ;  holding  ourselves  ever 
ready  to  do  unto  them  as  we 
would  wish  to  be  done  by ;  and 
avoiding  even  the  appearance  of 
undue  partiality  to  any  nation,  it 
appears  to  me  impossible  that  a 
simple  and  sincere  application  of 
our  principles  to  our  foreign  rela- 
tions can  fail  to  place  them  ulti- 
mately upon  the  footing  on  which 
it  is  our  wish  they  should  rest. 

Of  the  points  referred  to,  the 
most  prominent  are,  our  claims 
upon  France  for  spoliations  upon 
our  commerce ;  similar  claims 
upon  Spain,  together  with  embar- 
rassments in  the  commercial  inter- 
course between  the  two  countries, 
which  ought  to  be  removed  ;  the 
conclusion  of  the  treaty  of  com- 
merce and  navigation  with  Mexi- 
co, which  has  been  so  long  in  sus- 
pense, as  well  as  the  final  settle- 
5* 


ment  of  limits  between  ourselves 
and  that  republic;  and,  finally, 
the  arbitrament  of  the  question 
between  the  United  States  and 
Great  Britain  in  regard  to  the 
northeastern  boundary. 

The  negotiation  with  France 
has  been  conducted  by  our  ^linis- 
ter  with  zeal  and  ability,  and  in 
all  respects  to  my  entire  satisfac- 
tion. Although  the  prospect  of 
a  favorable  termination  was  occa- 
sionally dimmed  by  counter  pre- 
tensions, to  which  the  United 
States  could  not  assent,  he  yet 
had  strong  hopes  of  being  able  to 
arrive  at  a  satisfactory  settlement 
with  the  late  government.  The 
negotiation  has  been  renewed  with 
the  present  authorities ;  and,  sen- 
sible of  the  general  and  lively 
confidence  of  our  citizens  in  the 
justice  and  magnanimity  of  re- 
generated France,  I  regret  the 
more  not  to  have  it  in  my  power, 
yet,  to  announce  the  result  so  con- 
fidently anticipated.  No  ground, 
however,  inconsistent  with  this 
expectation,  has  been  taken  ;  and 
I  do  not  allow  myself  to  doubt 
that  justice  will  soon  be  done  to 
us.  The  amount  of  the  claims, 
the  length  of  time  they  have  re- 
mained unsatisfied,  and  their  in- 
controvertible justice,  make  an 
earnest  prosecution  of  them  by 
this  government  an  urgent  duty. 
The  illegality  of  the  seizures  and 
confiscations  out  of  which  they 
have  arisen  is  not  disputed  ;  and 
whatever  distinctions  may  have 
heretofore  been  set  up  in  regard 
to  the  liability  of  the  existing  gov- 
ernment. It  is  quite  clear  that  such 
considerations  cannot  now  be  in- 
terposed. 
The  commerciar  intercourse  be- 


54] 


ANNUAL  REGISTER,  1S30— 31. 


tween  the  two  countries  is  sus- 
ceptible of  highly  advantageous 
improvements  ;  but  the  sense  of 
this  injury  has  had,  and  must  con- 
tinue to  have,  a  very  unfavorable 
influence  upon  them.  From  its 
satisfactory  adjustment,  not  only 
a  firm  and  cordial  friendship,  but 
a  progressive  development  of  all 
their  relations,  may  be  expected. 
It  is,  therefore,  my  earnest  hope 
that  this  old  and  vexatious  subject 
of  difference  may  be  speedily  re- 
moved. 

I  feel  that  my  confidence  in 
our  appeal  to  the  motives  which 
should  govern  a  just  and  magnani- 
mous nation,  is  alike  warranted 
by  the  character  of  the  French 
people,  and  by  the  high  voucher 
we  possess  for  the  enlarged  views 
and  pure  integrity  of  the  monarch 
who  now  presides  over  their  coun- 
cils ;  and  nothing  shall  be  wanting 
on  my  part  to  meet  any  manifes- 
tation of  the  spirit  we  anticipate 
in  one  of  corresponding  frankness 
and  liberality. 

The  subjects  of  difference  with 
Spain  have  been  brought  to  the 
view  of  that  government,  by  our 
Minister  there,  with  much  force 
and  propriety  ;  and  the  strongest 
assurances  have  been  received  of 
their  early  and  favorable  conside- 
ration. 

The  steps  which  remained  to 
place  the  matter  in  controversy 
between  Great  Britain  and  the 
United  States  fairly  before  the 
arbitrator,  have  all  been  taken  in 
tlie  same  liberal  and  friendly  spirit 
which  characterised  those  before 
announced.  Recent  events  have 
doubtless  served  to  delay  the  de- 
cision, but  our  Minister  at  the 
court  of  the  distinguished  arbitra- 


tor has  been  assured  that  it. will 
be  made  within  the  time  contem- 
plated by  the  treaty. 

I  am  particularly  gratified  in 
being  able  to  state  tliat  a  decided- 
ly favorable,  and,  as  1  hope,  last- 
ing change  has  been  effected  in' 
our  relations  with  the  neighboring 
republic  of  Mexico.  The  unfor- 
tunate and  unfounded  suspicions 
in  regard  to  our  disposition,  which 
it  became  my  painful  duty  to  ad- 
vert to  on  a  former  occasion,  have 
been,  I  believe,  entirely  removed  ; 
and  the  government  of  Mexico 
has  been  made  to  understand  the 
real  character  of  the  wishes  and 
views  of  this  in  regard  to  that 
country.  The  consequence  is, 
the  establishment  of  friendship 
and  mutual  confidence.  Such 
are^  the  assurances  which  I  have 
received,  and  I  see  no  cause  to 
doubt  their  sincerity. 

I  had  reason  to  expect  the  con- 
clusion of  a  commercial  treaty 
with  Mexico  in  season  for  com- 
munication on  the  present  occa- 
sion. Circumstances  which  are 
not  explained,  but  which,  I  am 
persuaded,  are  not  the  result  of  an 
indisposition  on  her  part  to  enter 
into  it,  have  produced  the  delay. 

There  was  reason  to  fear,  in 
the  course  of  the  last  summer, 
that  the  harmony  of  our  relations 
might  be  disturbed  by  the  acts  of 
certain  claimants,  under  Mexican 
grants,  of  territory  which  has  hith- 
erto been  under  our  jurisdiction. 
The  co-operation  of  the  represen- 
tative of  Mexico  near  this  gov- 
ernment was  asked  on  the  occa- 
sion, and  was  readily  afforded. 
Instructions  and  advice  have  been 
given  to  the  Governor  of  Arkan- 
sas and  the  officers  in  command 


PUBLIC  DOCUMENTS. 


[55 


in  the  adjoining  Mexican  State, 
by  which,  it  is  hoped,  the  quiet 
of  that  frontier  will  be  preserved, 
until  a  final  settlement  of  the  di- 
viding line  shall  have  removed 
all  ground  of  controversy. 

The  exchange  of  ratifications 
of  the  treaty  concluded  last  year 
with  Austria  has  not  yet  taken 
place.  The  delay  has  been  oc- 
casioned by  the  non-arrival  of  the 
ratification  of  that  government 
within  the  time  prescribed  by  the 
treaty.  Renewed  authority  has 
been  asked  for  by  the  represen- 
tative of  Austria ;  and,  in  the 
mean  time,  the  rapidly  increasing 
ti'ade  and  navigation  iDetween  the 
two  countries  have  been  placed 
upon  the  most  liberal  footing  of 
our  navigation  acts. 

Several  alleged  depredations 
have  been  recently  committed  on 
our  commerce  by  the  national 
vessels  of  Portugal.  They  have 
been  made  the  subject  of  imme- 
diate remonstrance  and  reclama- 
tion. I  am  not  possessed  of  suffi- 
cient inforrhation  to  express  a  de- 
finitive opinion  of  their  character, 
but  expect  soon  to  receive  it.  No 
proper  means  shall  be  omitted  to 
obtain  for  our  citizens  all  the  re- 
dress to  which  they  may  appear 
to  be  entided. 

Almost  at  the  moment  of  the 
adjournment  of  your  last  session, 
two  bills,  the  one  entitled  *  An 
act  for  making  appropriation  for 
building  light-houses,  light-boats, 
beacons,  and  monuments,  placing 
buoys,  and  for  improving  harbors 
and  directing  surveys,'  and  the 
other,  *  An  act  to  authorize  a  sub- 
scription for  stock  in  the  Louis- 
ville and  Portland  Canal  Com- 
pany,'   were  submitted    for  my 


approval.  It  was  not  possible, 
within  the  time  allowed  me,  be- 
fore the  close  of  the  session,  to 
give  these  bills  the  consideration 
which  was  due  to  their  character 
and  importance  ;  and  I  was  com- 
pelled to  retain  them  for  that  pur- 
pose. I  now  avail  myself  of  this 
early  opportunity  to  return  them 
to  the  Houses  in  which  they  re- 
spectively originated,  with  the  rea- 
sons which,  after  mature  delibe- 
ration, compel  me  to  withhold  my 
approval. 

The  practice  of  defraying  out 
of  the  Treasury-  of  the  United 
States  the  expenses  incurred  by 
the  establishment  and  support  of 
light  houses,  beacons,  buoys,  and 
public  piers,  within  the  bays,  in- 
lets, harbors,  and  ports,  of  the 
United  States,  to  render  the  navi- 
gation thereof  safe  and  easy,  is 
coeval  with  the  adoption  of  the 
Constitution,  and  has  been  con- 
tinued without  interruption  or  dis- 
pute. 

As  our  foreign  commerce  in- 
creased, and  was  extended  into 
the  interior  of  the  country  by  the 
establishment  of  ports  of  entry  and 
delivery  upon  our  navigable  riv- 
ers, the  sphere  of  those  expendi- 
tures received  a  corresponding 
enlargement.  Light-houses,  bea- 
cons, buoys,  public  piers,  and  the 
removal  of  sand-bars,  sawyers, 
and  other  partial  or  temporary 
impediments  in  the  navigable  riv- 
ers and  harbors  which  were  em- 
braced in  the  revenue  districts 
from  time  to  time  established  by 
law,  were  authorized  upon  the 
same  principle,  and  the  expense 
defrayed  in  the  same  manner. 
That  these  expenses  have  at  times 
been  extravagant  and  dispropor- 


56] 


ANNUAL  REGISTER,  1830—31. 


tionate,  is  very  probable.  The 
circumstances  under  which  they 
are  incurred  are  well  calculated 
to  lead  to  such  a  result,  unless 
their  application  is  subjected  to 
the  closest  scrutiny.  The  local 
advantages  arising  from  the  dis- 
bursement of  public  money,  too 
frequently,  it  is  to  be  feared,  in- 
vite appropriations  for  objects  of 
this  character  that  are  neither 
necessary  nor  useful.  The  num- 
ber of  light-house  keepers  is  al- 
ready very  large,  and  the  bill 
before  me  proposes  to  add  to  it 
fifty-one  more,  of  various  descrip- 
tions. From  representations  upon 
the  subject  which  are  understood 
to  be  entitled  to  respect,  I  am 
induced  to  believe  that  there  has 
not  only  been  great  improvidence 
in  the  past  expenditures  of  the 
government  u[)on  these  objects, 
but  that  the  security  of  naviga- 
tion has,  in  some  instances,  been 
diminished  by  the  multiplication 
of  light-houses,  and  consequent 
change  of  lights,  upon  the  coast. 
It  is  in  this,  as  in  other  respects, 
our  duty  to  avoid  all  unnecessary 
expense,  as  well  as  every  increase 
of  patronage  not  called  for  by  the 
public  service.  But,  in  the  dis- 
charge of  that  duty  in  this  par- 
ticular, it  must  not  be  forgotten, 
that,  in  relation  to  our  foreign 
commerce,  the  burden  and  bene- 
fit of  protecting  and  accommo- 
dating it  necessarily  go  together, 
and  must  do  so  as  long  as  the 
public  revenue  is  drawn  from  the 
people  through  the  custom-house. 
It  is  indisputable,  that  whatever 
gives  facility  and  security  to  navi- 
gation, cheapens  imports  ;  and  all 
who  consume  them  are  alike  in- 
terested in  whatever  produces  this 


effect.  If  they  consume,  they 
ought,  as  they  now  do,  to  pay ; 
otherwise,  they  do  not  pay.  The 
consumer  in  the  most  inland  State 
derives  the  same  advantage  from 
every  necessary  and  prudent  ex- 
penditure for  the  facility  and  se- 
curity of  our  foreign  commerce 
and  navigation,  that  he  does  who 
resides  in  a  maritime  Slate.  Lo- 
cal expenditures  have  not,  of 
themselves,  a  correspondent  ope- 
ration. 

From  a  bill  making  direct  ap- 
propriations for  such  objects,  I 
should  not  have  withheld  my  as- 
sent. The  one  now  returned  does 
so  in  several  particulars,  but  it  also 
contains  appropriations  for  surveys 
of  a  local  character,  which  I  can- 
not approve.  It  gives  me  satis- 
faction to  find  that  no  serious  in- 
convenience has  arisen  from  with- 
holding my  approval  from  this 
bill ;  nor  will  it,  I  trust,  be  cause 
of  regret  that  an  opportunity  will 
be  thereby  afforded  for  Congress 
to  review  its  provisions  under  cir- 
cumstances better  calculated  for 
full  investigation  than  those  under 
w^hich  it  was  passed. 

In  speaking  of  direct  appropria- 
tions, I  mean  not  to  include  a 
practice  which  has  obtained  to 
some  extent,  and  to  which  I  have, 
in  one  instance,  in  a  different  ca- 
pacity, given  my  assent — that  of 
subscribing  to  the  stock  of  private 
associations.  Positive  experience, 
and  a  more  thorough  considera- 
tion of  the  subject,  have  convinced 
me  of  the  impropriety  as  well  as 
inexpediency  of  such  investments. 
All  improvements  effected  by  the 
funds  of  the  nation  for  general 
use  should  be  open  to  the  enjoy- 
ment of  all  our  fellow-citizens, 


PUBLIC  DOCUMENTS. 


[57 


exempt  from  the  payment  of  tolls, 
or  any  imposition  of  that  charac- 
ter. The  practice  of  thus  mingling 
the  concerns  of  the  government 
with  those  of  the  States  or  of  in- 
dividuals, is  inconsistent  with  the 
object  of  its  institution,  and  highly 
impolitic.  The  successful  opera- 
tion of  the  1^  ederal  system  can 
only  be  preserved  by  confining  it 
to  the  few  and  simple,  but  yet 
important  objects  for  which  it  was 
designed. 

A  different  practice,  if  allow- 
ed to  progress,  would  ultimately 
change  the  character  of  this  Gov- 
ernment, by  consolidating  into  one 
the  General  and  State'  Govern- 
ments, which  were  intended  to  be 
kept  forever  distinct.  I  cannot 
perceive  how  bills  authorizing 
such  subscriptions  can  be  other- 
wise regarded  than  as  bills  for 
revenue,  and  consequently  sub- 
ject to  the  rule  in  that  respect 
prescribed  by  the  Constitution. 
If  the  interest  of  the  Government 
in  private  companies  is  subordi- 
nate to  that  of  individuals,  the 
management  and  control  of  a  por- 
tion of  the  public  funds  is  dele- 
gated to  an  authority  unknown  to 
the  Constitution,  and  beyond  the 
supervision  of  our  constituents  : 
if  superior,  its  officers  and  agents 
will  be  constantly  exposed  to  im- 
putations of  favoritism  and  oppres- 
sion. Direct  prejudice  to  the 
public  interest,  or  an  alienation  of 
the  affections  and  respect  of  por- 
tions of  the  people,  may,  there- 
fore, in  addition  to  the  general  dis- 
credit resulting  to  the  Government 
from  embarking  with  its  constitu- 
ents in  pecuniary  speculations,  be 
looked  for  as  the  probable  fruit  of 
such  associations.    It  is  no  answer 


to  this  objection  to  say  that  the 
extent  of  consequences  like  these 
cannot  be  ^reat  from  a  limited  and 
small  number  of  investments,  be- 
cause experience  in  other  matters 
teaches  us,  and  we  are  not  at 
liberty  to  disregard  its  admoni- 
tions, that,  unless  an  entire  stop 
be  put  to  them,  it  will  soon  be 
impossible  to  prevent  their  accu- 
mulation, until  they  are  spread 
over  the  whole  country,  and  made 
to  embrace  many  of  the  private 
and  appropriate  concerns  of  indi- 
viduals. 

The  power  which  the  General 
Government  would  acquire  within 
the  several  Sta,tes  by  becoming 
the  principal  stdckholder  in  cor- 
porations, controlling  every  canal 
and  each  sixty  or  hundred  miles 
of  every  important  road,  and  giv- 
ing a  proportionate  vote  in  all  their 
elections,  is  almost  inconceivable, 
and,  in  ray  view,  dangerous  to 
the  liberties  of  the  people. 

This  mode  of  aiding  such  works 
is,  also,  in  its  nature,  deceptive, 
and  in  many  cases  conducive  to 
improvidence  in  the  administra- 
tion of  the  national  funds.  Ap- 
propriations will  be  obtained  with 
much  greater  facility,  and  granted 
with  less  security  to  the  public 
interest,  when  the  measure  is  thus 
disguised,  than  when  definite  and 
direct  expenditures  of  money  are 
asked  for.  The  interests  of  the 
nation  would  doubtless  be  better 
served  by  avoiding  all  such  indi- 
rect modes  of  aiding  particular 
objects.  In  a  Government  like 
ours,  more  especially,  should  all 
public  acts  be,  as  far  as  practica- 
ble, simple,  undisguised,  and  in- 
telligible, that  they  may  become 
fit  subjects  for  the  approbation  or 


58] 


ANNUAL  REGISTER,  1830—31. 


animadversion  of  the  people.  The 
bill  authorizing  a  subscription  to 
the  Louisville  and  Portland  canal 
affords  a  striking  illustration  of  the 
difficulty  of  withholding  additional 
appropriations  for  the  same  ob- 
ject, when  the  first  erroneous  step 
has  been  taken  by  instituting  a 
partnership  between  the  Govern- 
ment and  private  companies.  It 
proposes  a  third  subscription  on 
the  part  of  the  United  States, 
when  each  preceding  one  was  at 
the  time  regarded  as  the  extent 
of  the  aid  which  Government  was 
to  render  to  that  work  ;  and  the  ac  - 
companying  bill  for  light-houses, 
Sic,  contains  an  appropriation  for 
a  survey  of  the  bed  of  the  river, 
with  a  view  to  its  improvement, 
by  removing  the  obstruction  which 
the  canal  is  designed  to  avoid. 
This  improvement,  if  successful, 
would  afford  a  free  passage  to  the 
river,  and  render  the  canpl  en- 
tirely useless.  To  such  improvi- 
dence is  the  course  of  legislation 
subject,  in  relation  to  internal  im- 
provements on  local  matters,  even 
with  the  best  intentions  on  the 
part  of  Congress. 

Although  the  motives  which 
have  influenced  me  in  this  matter 
may  be  already  sufficiently  stated, 
1  am,  nevertheless,  induced  by  its 
importance  to  add  a  few  observa- 
tions of  a  general  character. 

In  my  objections  to  the  bills 
authorizing  subscriptions  to  the 
Maysville  and  Rockville  Road 
Companies,  I  expressed  my  views 
fully  in  regard  to  the  power  of 
Congress  to  construct  roads  and 
canals  widiin  a  State,  or  to  appro- 
priate money  for  improvements  of 
a  local  character.  I,  at  the  same 
time,  intimated  my  belief  that  the 


right  to  make  appropriation  for 
such  as  were  of  a  national  char- 
acter had  been  so  generally  acted 
upon,  and  so  long  acquiesced  in 
by  the  Federal  and  State  Govern- 
ments, and  the  constituents  of 
each,  as  to  justify  its  exercise  on 
the  ground  of  continued  and  un- 
interrupted usage;  but  that  it 
was,  nevertheless,  highly  expe- 
dient that  appropriations,  even  of 
that  character,  should,  with  the 
exception  made  at  the  time,  be 
deferred  until  the  national  debt  is 
paid  ;  and  that,  in  the  mean  while, 
some  general  rule  for  the  action 
of  the  Government  in  that  respect 
ought  to  be  established. 

These  suggestions  w-ere  not 
necessary  to  the  decision  of  the 
question  then  before  me,  and 
were,  I  readily  admit,  intended 
to  awaken  the  attention,  and  draw 
forth  the  opinions  and  observa- 
tions, of  our  constituents,  upon  a 
subject  of  the  highest  importance 
to  their  interests,  and  one  destined 
to  exert  a  powerful  influence  upon 
the  future  operations  of  our  po- 
litical system.  I  know  of  no  tri- 
bunal to  which  a  public  man  in 
this  country,  in  a  case  of  doubt 
and  difficulty,  can  appeal  with 
greater  advantage  or  more  pro- 
priety than  the  judgment  of  the 
people ;  and,  although  I  must, 
necessarily,  in  the  discharge  of 
my  official  duties,  be  governed  by 
the  dictates  of  my  own  judgment, 
I  have  no  desire  to  conceal  my 
anxious  wish  to  conform,  as  far 
as  1  can,  to  the  views  of  those 
for  whom  I  act. 

All  irregular  expressions  of  pub- 
lic opinion  are  of  necessity  attend- 
ed with  some  doubt  as  to  their 
accuracy ;  but,  making  full  allow- 


PUBLIC  DOCUMENTS. 


[59 


ances  on  that  account,  I  cannot, 
I  think,  deceive  myself  in  believ- 
ing that  the  acts  referred  to,  as 
well  as  the  suggestions  which  1 
allowed  myself  to  make  in  relation 
to  their  bearing  upon  the  future 
operations  of  the  Government, 
have  been  approved  by  the  great 
body  of  the  people.  That  those 
whose  immediate  pecuniary  inter- 
ests are  to  be  affected  by  proposed 
expenditures  should  shrink  from 
tlie  application  of  a  rule  which 
prefers  their  more  general  and 
remote  interests  to  those  which 
are  personal  and  immediate,  is  to 
be  expected.  But  even  such  ob- 
jections must,  from  the  nature  of 
our  population,  be  but  temporary 
in  their  duration  ;  and  if  it  were 
otherwise,  our  course  should  be 
the  same  ;  for  the  time  is  yet,  I 
hope,  far  distant,  when  those  en- 
trusted with  power  to  be  exercised 
for  the  good  of  the  whole,  will 
consider  it  either  honest  or  wise 
to  purchase  local  favor  at  the  sa- 
crifice of  principle  and  the  gene- 
ral good. 

So  understanding  public  senti- 
ment, and  thoroughly  satisfied  that 
the  best  interests  of  our  common 
country  imperiously  require  that 
the  course  which  J  have  recom- 
mended in  this  regard  should  be 
adopted,  1  have,  upon  the  most 
mature  consideration,  determined 
to  pursue  it. 

it  is  due  to  candor  as  well  as 
to  my  own  feelings,  that  I  should 
express  the  reluctance  and  anxi- 
ety vvhich  1  must  at  all  times  ex- 
perience in  exercising  the  un- 
doubted right  of  the  Executive  to 
withhold  his  assent  from  bills  on 
other  grounds  than  their  uncon- 
stitutionality.      That    this    right 


should  not  be  exercised  on  slight 
occasions,  all  will  admit.  It  is 
only  in  matters  of  deep  interest, 
when  the  principle  involved  may 
be  justly  regarded  as  next  in  im- 
portance to  infractions  of  the  Con- 
stitution itself,  that  such  a  step 
can  be  expected  to  meet  with  the 
approbation  of  the  people.  Such 
an  occasion  do  I  conscientiously 
believe  the  present  to  be.  In  the 
discharge  of  this  delicate  and 
highly  responsible  duty,  I  am  sus- 
tained by  the  reflection  that  the 
exercise  of  this  power  has  been 
deemed  consistent  with  the  obliga- 
tion of  official  duty  by  several  of 
my  predecessors ;  and  by  the 
persuasion,  too,  that,  whatever 
liberal  institutions  may  have  to 
fear  from  the  encroachments  of 
Executive  power,  which  has  been 
every  where  the  cause  of  so  much 
strife  and  bloody  contention,  but 
little  danger  is  to  be  apprehended 
from  a  precedent  by  which  that 
authority  denies  to  itself  the  ex- 
ercise of  powers  that  bring  in  their 
train  influence  and  patronage  of 
great  extent,  and  thus  excludes 
the  operation  of  personal  interests, 
every  where  the  bane  of  official 
trust.  I  derive,  too,  no  small  de- 
gree of  satisfaction  from  the  re- 
flection, that,  if  I  have  mistaken 
the  interests  and  wishes  of  the 
people,  the  Constitution  affords 
the  means  of  soon  redressing  the 
error,  by  selecting  for  the  place 
their  favor  has  bestowed  upon  me 
a  citizen  whose  opinions  may  ac- 
cord with  their  own.  I  trust,  in 
the  mean  time,  the  interests  of 
the  nation  will  be  saved  from 
prejudice,  by  a  rigid  application 
of  that  portion  of  the  public  funds 
which  might  otherwise  be  applied 


60] 


ANNUAL  REGISTER,  1830—31. 


to  different  objects  to  that  highest 
of  all  our  obligations,  the  pay- 
ment of  the  public  debt,  and  an 
opportunity  be  afforded  for  the 
adoption  of  some  better  rule  for 
the  operations  of  the  Government 
in  this  matter  than  any  which  has 
hitherto  been  acted  upon. 

Profoundly  impressed  with  the 
importance  of  the  subject,  not 
merely  as  it  relates  to  the  general 
prosperity  of  the  country,  but  to 
the  safety  of  the  Federal  system, 
I  cannot  avoid  repeating  my  ear- 
nest hope  that  all  good  citizens, 
who  take  a  proper  interest  in  the 
success  and  harmony  of  our  ad- 
mirable political  institutions,  and 
who  are  incapable  of  desiring  to 
convert  an  opposite  state  of  things 
into  means  for  the  gratification  of 
personal  ambition,  will,  laying 
aside  minor  considerations,  and 
discarding  local  prejudices,  unite 
their  honest  exertions  to  estab- 
lish some  fixed  general  principle, 
which  shall  be  calculated  to  ef- 
fect the  greatest  extent  of  public 
good  in  regard  to  the  subject  of 
internal  improvement,  and  afford 
the  least  ground  for  sectional  dis- 
content. , 

The  general  ground  of  my  ob- 
jection to  local  appropriations  has 
been  heretofore  expressed  ;  and 
I  shall  endeavor  to  avoid  a  repe- 
tition of  what  has  been  already 
urged — the  importance  of  sus- 
^taining  the  State  sovereignties,  as 
far  as  is  consistent  with  the  right- 
ful action  of  the  Federal  Govern- 
ment, and  of  preserving  the 
greatest  attainable  harmony  be- 
tween them.  I  will  now  only 
add  an  expression  of  my  convic- 
tion— a  conviction  w^hich  every 
day's  experience  serves  to  con- 


firm— that  the  political  creed 
which  inculcates  the  pursuit  of 
those  great  objects  as  a  paramount 
duty  is  the  true  faith,  and  one  to 
which  we  are  mainly  indebted  for 
the  present  success  of  the  entire 
system,  and  to  which  we  must 
alone  look  for  its  future  stability. 

That  there  are  diversities  in  the 
interests  of  the  different  States 
w^iich  compose  this  extensive  con- 
federacy, must  be  admitted. — 
Those  diversities,  arising  from  sit- 
uation, climate,  population,  and 
pursuits,  are  doubtless,  as  it  is 
natural  they  should  be,  greatly 
exaggerated  by  jealousies,  and 
that  spirit  of  rivalry  so  insepara- 
ble from  neighboring  communi- 
ties. These  circumstances  make 
it  the  duty  of  those  who  are  en- 
trusted with  the  management  of 
its  affairs  to  neutralise  their  effects 
as  far  as  practicable,  by  making 
the  beneficial  operation  of  the 
Federal  Government  as  equal  and 
equitable  among  the  several 
States  as  can  be  done  consistently 
with  the  great  ends  of  its  institu- 
tion. 

It  is  only  necessary  to  refer  to 
undoubted  facts,  to  see  how  far 
the  past  acts  of  the  Government 
upon  the  subject  under  consider- 
ation have  fallen  short  of  this  ob- 
ject. The  expenditures  heretofore 
made  for  internal  improvements 
amount  to  upwards  of  five  mil- 
lions of  dollars,  and  have  been 
distributed  in  very  unequal  pro- 
portions amongst  the  States.  The 
estimated  expense  of  works  of 
which  surveys  have  been  made, 
together  with  that  of  others  pro- 
jected and  partially  surveyed, 
amounts  to  more  than  ninety  six 
millions  of  dollars. 


PUBLIC  DOCUMENTS. 


[61 


That  such  improvements,  on 
account  of  particular  circumstan- 
ces, may  be  more  advantageously 
and  beneficially  made  in  some 
States  than  in  others,  is  doubtless 
true  ;  but  that  they  are  of  a  char- 
acter which  should  prevent  an 
equitable  distribution  of  the  funds 
amongst  the  several  States,  is  not 
to  be  conceded.  The  want  of 
this  equitable  distribution  cannot 
fail  to  prove  a  prolific  source  of 
irritation  amongst  the  States. 

We  have  it  constantly  before 
our  eyes,  that  professions  of  su- 
perior zeal  in  the  cause  of  inter- 
nal improvement,  and  a  disposition 
to  lavish  the  public  funds  upon 
objects  of  that  character,  are  daily 
and  earnestly  put  forth  by  aspi- 
rants to  power,  as  constituting  the 
highest  claims  to  the  confidence 
of  the  people.  Would  it  be  strange, 
under  such  circumstances,  and  in 
times  of  great  excitement,  that 
grants  of  this  description  should 
find  their  motives  in  objects  which 
may  not  accord  with  the  public 
good  ?  Those  who  have  not  had 
occasion  to  see  and  regret  the  in- 
dication of  a  sinister  influence  in 
these  matters  in  past  times,  have 
been  more  fortunate  than  myself 
in  their  observation  of  the  course 
of  public  affairs.  If  to  these  evils 
be  added  the  combuiations  and 
angry  contentions  to  which  such  a 
course  of  things  gives  rise,  v/ith 
their  baleful  influences  upon  the 
legislation  of  Congress  toucliing 
the  leading  and  appropriate  du- 
ties of  the  Federal  Government, 
it  was  but  doing  justice  to  the 
character  of  our  people  to  expect 
the  severe  condemnation  of  the 
past  which  the  recent  exhibition 
of  public  sentiment' has  evinced. 
6 


Nothing  short  of  a  radical 
change  in  the  action  of  the  Gov- 
ernment upon  the  subject  can,  in 
my  opinion,  remedy  the  evil.  If, 
as  it  would  be  natural  to  expect, 
the  States  which  have  been  least 
favored  in  past  appropriations 
should  insist  on  being  redressed 
in  those  hereafter  to  be  made,  at 
the  expense  of  the  States  which 
have  so  largely  and  dispropor- 
tionately participated,  we  have,  as 
matters  now  stand,  but  little  secu- 
rity that  the  attempt  would  do 
more  tliam  change  the  inequality 
from  one  quarter  to  another. 

Thus  viewing  the  subject,  I 
have  heretofore  felt  it  my  duty  to 
recommend  the  adoption  of  some 
plan  for  the  distribution  of  the 
surplus  funds  which  may  at  any 
time  remain  in  the  Treasury  after 
the  national  debt  shall  have  been 
paid,  among  the  States,  in  pro- 
portion to  the  number  of  their 
Representatives,  to  be  applied  by 
them  to  objects  of  internal  im- 
provement. 

Although  this  plan  has  met  with 
favor  in  some  portions  of  the 
Union,  it  has  also  elicited  objec- 
tions which  merit  deliberate  con- 
sideration. A  brief  notice  of 
these  objections  here  will  not, 
therefore,  I  trust,  be  regarded  as 
out  of  place. 

They  rest,  as  far  as  they  have 
come  to  my  knowledge,  on  the 
following  grounds  :  1st.  an  objec- 
tion to  the  ratio  of  distribution ; 
2d.  an  apprehension  that  the  ex- 
istence of  such  a  regulation  would 
produce  improvident  and  oppres- 
sive taxation  to  raise  the  funds  for 
distribution  ;  od.  that  the  mode 
proposed  would  lead  to  the  con- 
struction of  works  of  a  local  na- 


62] 


ANNUAL  REGISTER,  1830—31 


ture,  to  the  exclusion  of  such  as 
are  general,  and  as  would  conse- 
quently be  of  a  more  useful  char- 
acter ;  and,  last,  that  it  would 
create  a  discreditable  and  injuri- 
ous dependence,  on  the  part  of 
the  State  Governments,  upon  the 
federal  power. 

Of  those  who  object  to  the  ra- 
tio of  representation  as  the  basis 
of  distribution,  some  insist  that 
the  importations  of  the  respective 
States  would  constitute  one  that 
would  be  more  equitable ;  and 
others,  again,  that  the  extent  of 
their  respective  territories  would 
furnish  a  standard  which  would 
be  more  expedient,  and  sufficient- 
ly equitable.  The  ratio  of  repre- 
sentation presented  itself  to  my 
mind,  and  it  still  does,  as  one  of  ob- 
vious equity,  because  of  its  being 
the  ratio  of  contribution,  whether 
the  funds  to  be  distributed  be  de- 
rived from  the  customs  or  from 
direct  taxation.  It  does  not  fol- 
low, however,  that  its  adoption  is 
indispensible  to  the  establish- 
ment of  the  system  proposed. 
There  may  be  considerations  ap- 
pertaining to  the  subject  which 
would  render  a  departure,  to  some 
extent,  from  the  rule  of  contribu- 
tion, proper.  Nor  is  it  absolutely 
necessary  that  the  basis  of  distri- 
bution be  confined  to  one  ground. 
It  may,  if,  in  the  judgment  of 
those  whose  right  it  is  to  fix  it,  it 
be  deemed  politic  and  just  to  give 
it  that  character,  have  regard  to 
several. 

In  my  first  message,  I  stated  it 
to  be  my  opinion  that  '  it  Is  not 
probable  that  any  adjustment  of 
the  tariff  upon  principles  satisfac- 
tory to  the  people  of  the  Union, 
will,  until  a  remote  period,  if  ever. 


leave  the  Government  without  a 
considerable  surplus  in  the  Treas- 
ury beyond  what  may  be  required 
for  its  current  service.'  I  have 
had  no  cause  to  change  that  opin- 
ion, but  much  to  confirm  it. — 
Should  these  expectations  be  re- 
alised, a  suitable  fund  would  thus 
be  produced  for  the  plan  under 
consideration  to  operate  upon  ; 
and  if  there  be  no  such  fund,  its 
adoption  will,  in  ray  opinion,  work 
no  injury  to  any  interest ;  for  I 
cannot  assent  to  the  justness  ot 
the  apprehension  that  the  estab 
llshment  of  the  proposed  system 
would  tend  to  the  encouragement 
of  improvident  legislation  of  the 
character  supposed.  Whatever 
the  proper  authority,  in  the  exer- 
cise of  constitutional  power,  shall, 
at  any  time  hereafter,  decide  to 
be  for  the  general  good,  will,  in 
that,  as  in  other  respects,  deserve 
and  receive  the  acquiescence  and 
support  of  the  whole  country  ;  and 
we  have  ample  security  that  every 
abuse  of  power  in  that  regard,  by 
the  agents  of  the  people,  will  re- 
ceive a  speedy  and  effectual  cor- 
rective at  their  hands.  The  views 
which  I  take  of  the  future,  found- 
ed on  the  obvious  and  increasing 
improvement  of  all  classes  of  our 
fellow-citizens  in  intelligence,  and 
in  public  and  private  virtue,  leave 
me  without  much  apprehension 
on  that  head. 

I  do  not  doubt  that  those  who 
come  after  us  will  be  as  much 
alive  as  we  are  to  the  obligation 
upon  all  the  trustees  of  political 
power  to  exempt  those  for  whom 
they  act  from  all  unnecessary 
burthens ;  and  as  sensible  of  the 
great  truth,  that  the  resources  of 
the  nation,  beyond  those  required 


PUBLIC  DOCUMENTS. 


[63 


for  the  immediate  and  necessary 
purposes  of  Government,  can  no 
where  be  so  well  deposited  as  in 
the  pockets  of  the  people. 

It  may  sometimes  happen  that 
the  interests  of  particular  States 
would  not  be  deemed  to  coincide 
with  the  general  interest  in  rela- 
tion to  improvement  within  such 
States :  but  if  the  danger  to  be 
apprehended  from  this  source  is 
sufficient  to  require  it,  a  discretion 
might  be  reserved  to  Congress  to 
direct  to  such  improvements  of  a 
general  character  as  the  States 
concerned  might  not  be  disposed 
to  unite  in,  the  application  of  the 
quotas  of  those  States,  under  the 
restriction  of  confining  to  each 
State  the  expenditure  of  its  ap- 
propriate quota.  It  may,  however, 
be  assumed  as  a  safe  general  rule, 
that  such  improvements  as  serve 
to  increase  the  prosperity  of  the 
respective  States  in  which  they 
are  made,  by  giving  new  facili- 
ties to  trade,  and  thereby  aug- 
menting the  wealth  and  comfort 
of  their  inhabitants,  constitute  the 
surest  mode  of  conferring  perma- 
nent and  substantial  advantages 
upon  the  whole.  The  strength 
as  well  as  the  true  glory  of  the 
confederacy  is  mainly  founded  on 
tlie  prosperity  and  power  of  the 
several  independent  sovereignties 
of  which  it  is  composed,  and  the 
certainty  with  which  they  can  be 
brought  into  successful  active  co- 
operation, through  th3  agency  of 
the  Federal  Government. 

It  is,  moreover,  within  the 
knowledge  of  such  as  are  at  all 
conversant  with  public  affairs,  that 
schemes  of  internal  improvement 
have,  from  time  to  time,  been  pro- 
posed, which,  from  their  extent 


and  seeming  magnificence,  were 
regarded  as  of  national  con- 
cernment ;  but  which,  upon  fuller 
consideration  and  further  experi- 
ence, would  now  be  rejected  with 
great  unanimity. 

That  the  plan  under  considera- 
tion would  derive  important  ad- 
vantages from  its  certainty,  and 
that  the  moneys  set  apart  for 
these  purposes  would  be  more 
judiciously  applied  and  economi- 
cally expended  under  the  direc- 
tion of  the  State  Legislatures,  in 
which  every  part  of  each  State  i» 
immediately  represented,  cannot, 
I  think,  be  doubted.  In  the  new 
States  particularly,  where  a  com- 
paratively small  population  is  scat- 
tered over  an  extensive  surface, 
and  the  representation  in  Con- 
gress consequently  very  limited, 
it  is  natural  to  expect  that  the 
appropriations  made  by  the  Fede- 
ral Government  would  be  more 
likely  to  be  expended  in  the  vi- 
cinity of  those  members  through 
whose  immediate  agency  they 
were  obtained,  than  if  the  funds 
were  placed  under  the  control  of 
the  Legislature,  in  which  every 
county  of  the  State  has  its  own 
representative.  This  supposition 
does  not  necessarily  impugn  the 
motives  of  such  congressional  Re- 
presentatives, nor  is  it  so  intended. 
We  are  all  sensible  of  the  bias  to 
which  the  strongest  minds  and 
purest  hearts  are,  under  such  cir- 
cumstances, liable.  In  respect  to 
the  last  objection,  its  probable 
effect  upon  the  dignity  and  inde- 
pendence of  the  State  Govern- 
ments, it  appears  to  me  only  ne- 
cessary to  state  the  case  as  it  is, 
and  as  it  would  be  if  the  measure 
proposed  were  adopted,  to  show 


64] 


ANNUAL  REGISTER,  1830—31. 


that  the  operation  is  most  likely 
to  be  the  very  reverse  of  that 
which  the  objection  supposes. 

In  the  one  case,  the  State 
would  receive  its  quota  of  the 
national  revenue  for  domestic  use 
upon  a  fixed  principle,  as  a  matter 
of  right,  and  from  a  fund  to  the 
creation  of  which  it  had  itself 
contributed  its  fair  proportion. 
Surely  there  could  be  nothing  de- 
rogatory in  that.  As  matters  nov>^ 
stand,  the  States  themselves,  in 
their  sovereign  character,  are  not 
unfrequently  petitioners  at  the  bar 
of  the  Federal  Legislature  for 
such  allowances  out  of  the  nation- 
al treasury  as  it  may  comport 
with  their  pleasure  or  sense  of 
duty  to  bestow  upon  them.  It 
cannot  require  argument  to  prove 
which  of  the  two  courses  is  most 
compatible  with  the  efficiency  or 
respectability  of  the  State  Gov- 
ernments. 

But  all  these  are  matters  for 
discussion  and  dispassionate  con- 
sideration. That  the  desired  ad- 
justment would  be  attended  with 
difficulty,  affords  no  reason  why 
it  should  not  be  attempted.  The 
effective  operation  of  such  mo- 
tives would  have  prevented  the 
adoption  of  the  Constitution  under 
which  we  have  so  long  lived,  and 
under  the  benign  influence  of 
which  our  beloved  country  has  so 
signally  prospered.  The  framers 
of  that  sacred  instrument  had 
greater  difficulties  to  overcome, 
and  they  did  overcome  them. 
The  patriotism  of  the  people,  di- 
rected by  a  deep  conviction  of  the 
importance  of  the  Union,  pro- 
duced mutual  concession  and  re- 
ciprocal forbearance.  Strict  right 
was  merged  in  a  spirit  of  com- 


promise, and  the  result  has  con- 
secrated their  disinterested  devo- 
tion to  the  general  weal.  Unless 
the  American  people  have  de- 
generated, the  same  result  can  be 
again  effected,  whenever  experi- 
ence points  out  the  necessity  of  a 
resort  to  the  same  means  to  up- 
hold the  fabric  which  their  fathers 
have  reared.  It  is  beyond  the 
power  of  man  to  make  a  system 
of  government  like  ours,  or  any 
other,  operate  with  precise  equali- 
ty upon  States  situated  like  those 
which  compose  this  confederacy  ; 
nor  is  inequality  always  injustice. 
Every.  State  cannot  expect  to 
shape  the  measures  of  the  Gene- 
ral Government  to  suit  its  own 
particular  interests.  The  causes 
which  prevent  it  ai-e  seated  in 
the  nature  of  things,  and  cannot 
be  entirely  counteracted  by  hu- 
man means.  Mutual  forbearance, 
therefore,  becomes  a  duty  obligia- 
tory  upon  all ;  and  we  may,  1  am 
confident,  count  on  a  cheerful 
compliance  with  this  high  injunc- 
tion on  the  part  of  our  constitu- 
ents. It  is  not  to  be  supposed 
that  they  will  object  to  make 
such  comparatively  inconsiderable 
sacrifices  for  the  preservation  of 
rights  and  privileges  which  other 
less  favored  portions  of  the  world 
have  in  vain  waded  through  seas 
of  blood  to  acquire. 

Our  course  is  a  safe  one,  if  it 
be  but  faithfully  adhered  to.  Ac- 
quiescence in  the  constitutionally 
expressed  will  of  the  majority, 
and  the  exercise  of  that  will  in  a 
spirit  of  moderation,  justice,  and 
brotherly  kindness,  will  constitute 
a  cement  which  would  forever 
preserve  our  LTnion.  Those  who 
cherish  and  inculcate  sentiments 


PUBLIC  DOCUMENTS. 


[65 


like  these  render  a  most  essential 
service  to  their  country;  whilst 
those  who  seek  to  weaken  their 
influence,  are,  however  conscien- 
tious and  praiseworthy  their  inten- 
tions, in  effect  its  worst  enemies. 

If  the  intelligence  and  influence 
of  the  country,  instcnd  of  laboring 
to  foment  sectional  prejudices,  to 
be  made  subservient  to  party  war- 
fare, were,  in  good  faith,  applied 
to  the  eradication  of  causes  of  lo- 
cal discontent,  by  the  improve- 
ment of  our  institutions,  and  by 
facilitating  their  adaptation  to  the 
condition  of  the  times,  this  task 
would  prove  one  of  less  difficulty. 
May  we  not  hope  that  the  obvious 
interests  of  our  common  country, 
and  the  dictates  of  an  enlightened 
patriotism,  will,  in  the  end,  lead 
the  public  mind  in  that  direction  ? 

After  all,  the  nature  of  the  sub- 
ject does  not  admit  of  a  plan 
wholly  free  from  objection.  That 
which  has  for  some  time  been  in 
operation,  is,  perhaps,  the  worst 
that  could  exist;  and  every  ad- 
vance that  can  be  made  in  its  im- 
provement is  a  matter  eminently 
worthy  of  your  most  deliberate 
attention. 

It  is  very  possible  that  one  bet- 
ter calculated  to  effect  the  objects 
in  view  may  yet  be  devised.  If 
so,  it  is  to  be  hoped  that  those  who 
disapprove  of  the  past,  and  dissent 
from  what  is  proposed  lor  the  fu- 
ture, will  feel  it  their  duty  to  di- 
rect their  attention  to  it,  as  they 
must  be  sensible  that,  unless  some 
fixed  rule  for  the  action  of  the 
Federal  Government  in  this  re- 
spect is  established,  the  course 
now  attempted  to  be  arrested  will 
be  again  resorted  to.  Any  mode 
which  is  calculated  to  give  the 
6* 


greatest  degree  of  effect  and  har- 
mony to  our  legislation  upon  the 
subject — which  shall  best  serve 
to  keep  the  movements  of  the 
Federal  Government  within  the 
sphere  intended  by  those  who 
modelled  and  those  who  adopted 
it — which  shall  lead  to  the  extin- 
guishment of  the  national  debt  in 
the  shortest  period,  and  impose 
the  lightest  burdens  on  our  con- 
stituents, shall  receive  from  me 
a  cordial  and  firm  support. 

Among  the  objects  of  great  na- 
tional concern,  I  cannot  omit  to 
press  again  upon  your  attention 
that  part  of  the  Constitution  which 
regulates  the  election  of  President 
and  Vice  President.  The  neces- 
sity for  its  amendment  is  made  so 
clear  to  my  mind  by  the  obser- 
vation of  its  evils,  and  by  the  many 
able  discussions  which  they  have 
elicited  on  the  floor  of  Congress 
and  elsewhere,  that  I  should  be 
wanting  to  my  duty  were  I  to 
withhold  another  expression  of  my 
deep  solicitude  upon  the  subject. 
Our  system  fortunately  contem- 
plates a  recurrence  to  first  princi- 
ples ;  differing,  in  this  respect, 
from  all  that  have  preceded  it, 
and  securing  it,  I  trust,  equally 
against  the  decay  and  the  com- 
motions which  have  marked  the 
progress  of  other  governments. 
Our  fellow-citizens,  too,  who,  in 
proportion  to  their  love  of  liberty, 
keep  a  steady  eye  upon  the  means 
of  sustaining  it,  do  not  require  to 
be  reminded  of  the  duty  they  owe 
to  themselves  to  remedy  all  essen- 
tial defects  in  so  vital  a  part  of 
their  system.  While  they  are 
sensible  that  every  evil  attendant 
upon  its  operation  is  not  neces- 
sarily indicative  of  a  bad  organi- 


66 


ANNUAL  REGISTER,  1830—31. 


zation,  but  may  proceed  from 
temporary  causes,  yet  the  habitual 
presence,  or  even  a  single  instance 
of  evils  which  can  be  clearly 
traced  to  an  organic  defect,  v^^ill 
not,  I  trust,  be  overlooked  through 
a  too  scrupulous  veneration  for 
the  work  of  their  ancestors.  The 
Constitution  was  an  experiment 
committed  to  the  virtue  and  in- 
telligence of  the  great  mass  of  our 
countrymen,  in  whose  ranks  the 
framers  of  it  themselves  were  to 
perform  the  part  of  patriotic  ob- 
servation and  scrutiny ;  and  if 
they  have  passed  from  the  stage 
of  existence  with  an  increased 
confidence  in  its  general  adapta- 
tion to  our  condition,  we  should 
learn  from  authority  so  high  the 
duty  of  fortifying  the  points  in  it 
which  time  proves  to  be  exposed, 
rather  than  be  deterred  from  ap- 
proaching them  by  the  sugges- 
tions of  fear,  or  the  dictates  .of 
misplaced  reverence. 

A  provision  which  does  not  se- 
cure to  the  people  a  direct  choice 
of  their  Chief  Magistrate,  but  has 
a  tendency  to  defeat  their  will, 
presented  to  my  mind  such  an 
inconsistency  with  the  general 
spirit  of  our  institutions,  that  I  was 
induced  to  suggest  for  your  con- 
sideration the  substitute  which  ap- 
peared to  me  at  the  same  time 
the  most  likely  to  correct  the  evil 
and  to  meet  the  views  of  our  con- 
stituents. The  most  mature  re- 
flection since  has  added  strength 
to  the  belief  that  the  best  interests 
of  our  countiy  require  the  speedy 
adoption  of  some  plan  calculated 
to  effect  this  end.  A  contingen- 
cy which  sometimes  places  it  in 
the  power  of  a  single  member  of 
the  House  of  Representatives  to 


decide  an  election  of  so  high  and 
solemn  a  character,  is  unjust  to 
the  people,  and  becomes,  when 
it  occurs,  a  source  of  embar- 
rassment to  the  individuals  thus 
brought  into  power,  and  a  cause 
of  distrust  of  the  representative 
body.  Liable  as  the  confederacy 
is,  from  its  great  extent,  to  parties 
founded  upon  sectional  interests, 
and  to  a  corresponding  multipli- 
cation of  candidates  for  the  Presi- 
dency, the  tendency  of  the  con- 
stitutional reference  to  the  House 
of  Representatives,  is,  to  devolve 
the  election  upon  that  body  in 
almost  every  instance,  and,  what- 
ever choice  may  then  be  made 
among  the  candidates  thus  pre- 
sented to  them,  to  swell  the  influ- 
ence of  particular  interests  to  a 
degree  inconsistent  with  the  gene- 
ral good.  The  consequences  of 
this  feature  of  the  Constitution  ap- 
pear far  more  threatening  to  the 
peace  and  integrity  of  the  Union 
than  any  which  I  can  conceive 
as  likely  to  result  from  the  simple 
legislative  action  of  the  Federal 
Government. 

It  was  a  leading  object  with  the 
framers  of  the  Constitution  to  keep 
as  separate  as  possible  the  action 
of  the  legislative  and  executive 
branches  of  the  Government.  To 
secure  this  object,  nothing  is  more 
essential  than  to  preserve  the  for- 
mer from  the  temptations  of  pri- 
vate interest,  and,  therefore,  so  to 
direct  the  patronage  of  the  latter 
as  not  to  permit  such  temptations 
to  be  ofiered.  Experience  abun- 
dantly demonstrates  that  every 
precaution  in  this  respect  is  a 
valuable  safeguard  of  liberty,  and 
one  which  my  reflections  upon 
the  tendencies  of  our  system  in- 


PUBLIC  DOCUMENTS. 


[67 


cline  me  to  think  should  be  made 
still  stronger.  It  was  for  this  rea- 
son that,  in  connexion  with  an 
amendment  of  the  Constitution, 
removing  all  intermediate  agency 
in  the  choice  of  the  President,  I 
recommended  some  restrictions 
upon  the  re-eligibility  of  that  offi- 
cer, and  upon  the  tenure  of  offices 
generally.  The  reason  still  exists ; 
and  I  renew  the  recommenda- 
tion, with  an  increased  confidence 
that  its  adoption  will  strengthen 
those  checks  by  which  the  Con- 
stitution designed  to  secure  the 
independence  of  each  department 
of  the  Government,  and  promote 
the  healthful  and  equitable  admin- 
istration of  all  the  trusts  which  it 
has  created.  The  agent  most 
likely  to  contravene  this  design  of 
the  Constitution  is  the  Chief  Ma- 
gistrate. In  order,  particularly, 
that  his  appointment  may,  as  far 
as  possible,  be  placed  beyond  the 
reach  of  any  improper  influences ; 
in  order  that  he  may  approach 
the  solemn  responsibilities  of  the 
hi2;hest  office  in  the  gift  of  a  free 
people  uncommitted  to  any  other 
course  than  the  strict  line  of  con- 
stitutional duty  ;  and  that  the  se- 
curities for  this  independence  may 
be  rendered  as  strong  as  the  na- 
ture of  power,  and  the  weakness 
of  its  possessor,  will  admit,  I  can- 
not too  earnestly  invite  your  at- 
tention to  the  propriety  of  pro- 
moting such  an  amendment  of  the 
Constitution  as  will  render  him  in- 
eligible after  one  term  of  service. 
It  gives  me  pleasure  to  an- 
nounce to  Congress  that  the  be- 
nevolent policy  of  the  Govern- 
ment, steadily  pursued  for  nearly 
thirty  years,  in  relation  to  the  re- 
moval of  the  Indians  beyoiid  the 


white  settlements,  is  approaching 
to  a  happy  consummation.  Two 
important  tribes  have  accepted  the 
provision  made  for  their  removal 
at  the  last  session  of  Congress  ; 
and  it  is  believd  that  their  exam- 
ple will  induce  the  remaining 
tribes,  also,  to  seek  the  same  ob- 
vious advantages. 

The  consequences  of  a  speedy 
removal  will  be  important  to  the 
United  States,  to  individual  States, 
and  to  the  Indians  themselves. 
The  pecuniary  advantages  which 
it  promises  to  the  Government  are 
the  least  of  its  recommendations. 
It  puts  an  end  to  all  possible  dan- 
ger of  collision  between  the  au- 
thorities of  the  General  and  State 
Governments  on  account  of  the 
Indians.  It  will  place  a  dense 
and  civilized  population  in  large 
tracts  of  country  now  occupied 
by  a  few  savage  hunters.  By 
opening  the  whole  territory  be- 
tween Tennessee  on  the  norths 
and  Louisiana  on  the  south,  to 
the  settlement  of  the  whites,  it 
will  incalculably  strengthen  the 
southwestern  frontier,  and  render 
the  adjacent  States  strong  enough 
to  repel  future  invasion  without 
remote  aid.  It  will  relieve  the 
whole  Stale  of  Mississippi,  and 
the  western  part  of  Alabama,  of 
Indian  occupancy,  and  enable 
those  States  to  advance  rapidly 
in  population,  wealth,  and  power. 
It  will  separate  the  Indians  from 
immediate  contact  with  settle- 
ments of  whites ;  free  them  from 
the  power  of  the  States  ;  enable 
them  to  pursue  happiness  in  their 
own  way,  and  under  their  own 
rude  institutions ;  will  retard  the 
progress  of  decay,  which  is  lessen- 
ing their  numbers ;  and  perhaps 


68] 


ANNUAL  REGISTER,  1830—31. 


cause  ihem  gradually,  under  the 
protection  of  the  Government,  and 
through  the  influence  of  good 
councils,  to  cast  off  their  savage 
habits,  and  become  an  interesting, 
civilized,  and  Christian  communi- 
ty. These  consequences,  some 
of  them  so  certain,  and  the  rest 
so  probable,  make  the  complete 
execution  of  the  plan  sanctioned 
by  Congress  at  their  last  session 
an  object  of  much  solicitude. 

Toward  the  aborigines  of  the 
country  no  one  can  indulge  a  more 
friendly  feeling  than  myself,  or 
woM  go  farther  in  attempting  to 
reclaim  them  from  their  wander- 
ing habits,  and  make  them  a  happy 
and  prosperous  people.  I  have 
endeavored  to  impress  upon  them 
my  own  solemn  convictions  of  the 
duties  and  powers  of  the  General 
Government  in  relation  to  the 
State  authorities.  For  the  justice 
of  the  laws  passed  by  the  States 
within  the  scope  of  their  reserved 
powers,  they  are  not  responsible 
to  this  Government.  As  indivi- 
duals, we  may  entertain  and  ex- 
press our  opinions  of  their  acts  ; 
but,  as  a  Government,  we  have 
as  little  right  to  control  them  as 
we  have  to  prescribe  laws  to  for- 
eign nations. 

With  a  full  understanding  of 
the  subject,  the  Choctaw  and 
Chickasaw  tribes  have,  with  great 
unanimity,  determined  to  avail 
themselves  of  the  liberal  offers 
presented  by  the  act  of  Congress, 
and  have  agreed  to  remove  be- 
yond the  Mississippi  riVer.  Trea- 
ties have  been  made  with  them, 
which,  in  due  season,  will  be  sub- 
mitted for  consideration.  In  ne- 
gotiating these  treaties,  they  were 
made  to   understand   their   true 


condition ;  and  they  have  prefer- 
red maintaining  their  independ- 
ence in  the  western  forests  to 
submitting  to  the  laws  of  the 
States  in  which  they  now  reside. 
These  treaties  being  probably  the 
last  which  will  ever  be  made  with 
them,  are  characterised  by  great 
liberality  on  the  part  of  the  Gov- 
ernment. They  give  the  Indians 
a  liberal  sum  in  consideration  of 
their  removal,  and  comfortable 
subsistence  on  their  arrival  at  their 
new  homes.  If  it  be  their  real 
interest  to  maintain  a  separate  ex- 
istence, they  will  there  be  at  lib- 
erty to  do  so  without  the  incon- 
veniences and  vexations  to  which 
they  would  unavoidably  have  been 
subject  in  Alabama  and  Missis- 
sippi. 

Humanity  has  often  wept  over 
the  fate  of  the  aborigines  of  this 
country,  and  philanthropy  has 
been  long  busily  employed  in  de- 
vising means  to  avert  it.  But  its 
progress  has  never  for  a  moment 
been  arrested  ;  and  one  by  one 
have  many  powerful  tribes  dis- 
appeared from  the  earth.  To 
follow  to  the  tomb  the  last  of  his 
race,  and  to  tread  on  the  graves 
of  extinct  nations,  excites  melan- 
choly reflections.  But  true  phi- 
lanthropy reconciles  the  mind  to 
these  vicissitudes,  as  it  does  to 
the  extinction  of  one  generation 
to  make  room  for  another.  In 
the  monuments  and  fortresses  of 
an  unknown  people,  spread  over 
the  extensive  regions  of  the  west, 
we  behold  the  memorials  of  a 
once  powerful  race,  which  was 
exterminated,  or  has  disappeared, 
to  make  room  for  the  existing 
savage  tribes.  Nor  is  there  any 
thing  in  this,  which,  upon  a  com- 


PUBLIC  DOCUMENTS. 


[69 


prehenslve  view  of  the  general 
interests  of  the  human  r-ace,  is  to 
be  regretted.  Philanthropy  could 
not  wish  to  see  this  continent  re- 
stored to  the  condition  in  wliich 
it  was  found  by  our  forefathers. 
What  good  man  would  prefer  a 
country  covered  with  forests  and 
ranged  by  a  few  thousand  savages 
to  our  extensive  republic,  studded 
with  cities,  towns,  and  prosperous 
farms ;  embellished  with  all  the 
improvements  which  art  can  de- 
vise, or  industry  execute  ;  occu- 
pied by  more  than  twelve  millions 
of  happy  people,  and  filled  with 
all  the  blessings  of  liberty,  civili- 
zation, and  religion. 

The  present  policy  of  the  Gov- 
ernment is  but  a  continuation  of 
the  same  progressive  change  by 
a  milder  process.  The  tribes 
which  occupied  the  countries  novV 
Constituting  the  Eastern  States 
were  '^umhilated,  ttr  have 'melted 
away,  to  make  room  for  the 
whites.  The  waves  of  population 
and  civilization  are  rolling  to  the 
westward  ;  and  we  now  propose 
to  acquire  the  countries  occupied 
by  the  red  men  of  the  south  and 
west,  by  a  fair  exchange,  atid,  at 
the  expense  of  the  United  States, 
to  send  them  to  a  land  where 
their  existence  may  be  prolonged, 
and  perhaps  made  perpetual. — 
Doubtless  it  will  be  painful  to 
leave  the  graves  of  their  fathers  ; 
but  what  do  they  more  than  our 
ancestors  did,  or  than  our  chil- 
dren are  now  doing  }  To  better 
their  condition  in  an  unknown 
land,  our  forefathers  left  all  that 
was  dear  in  earthly  objects.  Our 
children,  by  thousands,  yearly 
leave  the  land  of  their  birth,  to 
seek  new  homes  in  distant  regions. 


Does  humanity  weep  at  these 
painful  separations  from  every 
thing,  animate  and  inanimate,  with 
which  the  young  heart  has  be- 
come entwined  ?  Far  from  it.  It 
is  rather  a  source  of  joy  that  our 
country  affords  scope  where  our 
young  population  may  range  un- 
constrained in  body  or  in  mind, 
developing  the  power  and  facul- 
ties of  man  in  their  highest  per- 
fection. These  remove  hundreds, 
and  almost  thousands  of  miles,  at 
their  own  expense,  purchase  the 
lands  they  occupy,  and  support 
themselves  at  their  new  home 
from  the  moment  of  their  arrival. 
Can  it  be  cruel  in  this  Govern- 
ment, when,  by  events  w^hich  it 
cannot  control,  the  Indian  is  made 
discontented  in  his  ancient  home, 
to  purchase  his  lands,  to  give  him 
ti  new  and  extensive  territory,  to 

pay  the  expense  of  his  removrtT, 
land  support  him  ayem-  in^listt1e!w 
abode  ^  How  many  thousands  of 
our  own  people  would  gladly  em- 
brace the  opportunity  of  removing 
to  the  west  on  such  conditions ! 
If  the  offers  made  to  the  Indians 
were  extended  to  them,  they 
would  be  hailed  with  gratitude 
and  joy. 

And  is  it  supposed  that  the 
wandering  savage  has  a  stronger 
attachment  to  his  home,  than  the 
settled,  civilized  Christian  ?  Is  it 
more  afflicting  to  him  to  leave 
the  graves  of  his  fathers,  than  it 
is  to  our  brothers  and  Children  ? 
Rightly  considered,  the  policy  of 
the  General  Government  towards 
the  red  man  is  not  only  liberal 
but  generous.  He  is  unwilling  to 
submit  to  the  laws  of  the  States, 
and  mingle  with  their  population. 
To  save  him  from  this  alternative, 


70] 


ANNUAL  REGISTER,  1830—31. 


or  perhaps  utter  annihilation,  the 
General  Government  kindly  offers 
him  a  new  home,  and  proposes  to 
pay  the  whole  expense  of  his  re- 
moval and  settlement. 

In  the  consummation  of  a  poli- 
cy originating  at  an  early  period, 
and  steadily  pursued  by  every 
administration  within  the  present 
century — so  just  to  the  States, 
and  so  generous  to  the  Indians, 
the  Executive  feels  it  has  a  right 
to  expect  the  co-operation  of  Con- 
gress, and  of  all  good  and  disin- 
terested men.  The  States,  more- 
over, have  a  right  to  demand  it. 
It  was  substantially  a  part  of  the 
compact  which  made  them  mem- 
bers of  our  confederacy.  With 
Georgia,  there  is  an  express  con- 
tract; with  the  new  States,  an 
implied  one,  of  equal  obligation. 
Why,  in  authorizing  Ohio,  India- 
na, llhnois,  iviissouri,  Mississippi, 
and  Alabama,  to  form  constitu- 
tions, and  become  separate  States, 
did  Congress  include  within  their 
limits  extensive  tracts  of  Indian 
lands,  and,  in  some  instances, 
powerful  Indian  tribes  ?  Was  it 
not  understood  by  both  parties 
that  the  power  of  the  States  was 
to  be  co-extensive  with  their  lim- 
its, and  that,  with  all  convenient 
despatch,  the  General  Govern- 
ment should  extinguish  the  Indian 
title,  and  remove  every  obstruc- 
tion to  the  complete  jurisdiction 
of  the  State  Governments  over 
the  soil?  Probably  not  one  of 
those  States  would  have  accepted 
a  separate  existence — certainly  it 
would  never  have  been  granted 
by  Congress — had  it  been  under- 
stood that  they  were  to  be  con- 
fined forever  to  those  small  por- 
tions of  their  nominal  territory. 


the  Indian  title  to  which  had  at 
the  time  been  extinguished. 

It  is,  therefore,  a  duty  which 
this  Government  owes  to  the  new 
States,  to  extinguish,  as  soon  as 
possible,  the  Indian  title  to  all 
lands  which  Congress  themselves 
have  included  within  their  limits. 
When  diis  is  done,  the  duties  of 
the  General  Government  in  rela- 
tion to  the  States,  and  Indians 
within  their  limits,  are  at  an  end. 
The  Indians  may  leave  the  State 
or  not,  as  they  choose.  The  pur- 
chase of  their  lands  does  not  alter, 
in  the  least,  their  personal  rela- 
tions with  the  State  Government. 
No  act  of  the  General  Govern- 
ment has  ever  been  deemed  ne- 
cessary to  give  the  States  juris- 
diction over  the  persons  of  the 
Indians.  That  they  possess,  by 
virtue  of  their  sovereign  power 
within  their  own  limits,  in  as  full 
a  manner  before  as  after  the  pur- 
chase of  the  Indian  lands ;  nor 
can  this  Government  add  to  or 
diminish  it. 

May  we  not  hope,  therefore, 
that  all  good  citizens,  and  none 
more  zealously  than  those  who 
think  the  Indians  oppressed  by 
subjection  to  the  laws  of  the 
States,  will  unite  in  attempting  to 
open  the  eyes  of  those  children 
of  the  forest  to  their  true  condi- 
tion, and,  by  a  speedy  removal, 
to  relieve  them  from  the  evils, 
real  or  imaginary,  present  or  pros- 
pective, with  which  they  may  be 
supposed  to  be  threatened. 

Among  the  numerous  causes 
of  congratulation,  the  condition  of 
our  impost  revenue  deserves  spe- 
cial mention,  in  as  much  as  it 
promises  the  means  of  extinguish- 
ing the  public  debt  sooner  than 


PUBLIC  DOCUMENTS. 


[71 


was  anticipated,  and  furnishes  a 
strong  illustration  of  the  practical 
effects  of  the  present  tariff  upon 
our  commercial  interests. 

The  object  of  the  tariff  is  ob- 
jected to  by  some  as  unconstitu- 
tional ;  and  it  is  considered  by 
almost  all  as  defective  in  many 
of  its  parts. 

The  power  to  impose  duties  on 
imports  originally  belonged  to  the 
several  States.  The  right  to  ad- 
just those  duties  with  a  view  to 
the  encouragement  of  domestic 
branches  of  industry  is  so  com- 
pletely incidental  to  that  power, 
that  it  is  difficult  to  suppose  the 
existence  of  the  one  without  the 
other.  The  States  have  delegat- 
ed their  whole  authority  over  im- 
ports to  the  General  Government, 
without  limitation  or  restriction, 
saving  the  very  inconsiderable  re- 
servation relating  to  their  inspec- 
tion laws.  This  authority  having 
thus  entirely  passed  from  the 
States,  the  right  to  exercise  it  for 
the  purpose  of  protection  does 
not  exist  In  them ;  and,  conse- 
quently, if  it  be  not  possessed  by 
the  General  Government,  it  must 
be  extinct.  Our  political  system 
would  thus  present  the  anomaly 
of  a  people  stripped  of  the  right 
to  foster  their  own  industry,  and 
to  counteract  the  most  selfish  and 
destructive  policy  which  might  be 
adopted  by  foreign  nations.  This 
surely  cannot  be  the  case :  this 
indispensable  power,  thus  surren- 
dered by  the  States,  must  be 
within  the  scope  of  the  authority 
on  the  subject  expressly  delegated 
to  Congress. 

In  this  conclusion,  I  am  con- 
firmed as  well  by  the  opinions  of 
Presidents  Washington,  Jefferson, 


Madison,  and  Monroe,  who  have 
repeatedly  recommended  the  ex- 
ercise of  this  right  under  the  Con- 
stitution, as  by  the  uniform  prac- 
tice of  Congress,  the  continued 
acquiescence  of  the  States,  and 
the  general  understanding  of  the 
people. 

The  difficulties  of  a  more  ex- 
pedient adjustment  of  the  present 
tariff,  although  great,  are  far  from 
being  insurmountable.  Some  are 
unwilling  to  improve  any  of  its 
parts,  because  they  would  destroy 
the  whole :  others  fear  to  touch 
the  objectionable  parts,  lest  those 
they  approve  should  be  jeopar- 
died.  I  am  persuaded  that  the 
advocates  of  these  conflicting 
views  do  injustice  to  the  Ameri- 
can people,  and  to  their  Repre- 
sentatives. The  general  interest 
is  the  interest  of  each  ;  and  my 
confidence  is  entire,  that,  to  en- 
sure the  adoption  of  such  modifi- 
cations of  the  tariff  as  the  general 
interest  requires,  it  is  only  neces- 
sary that  that  interest  should  be 
understood. 

It  is  an  infirmity  of  our  nature 
to  mingle  our  interests  and  preju- 
dices with  the  operation  of  our 
reasoning  powers,  and  attribute  to 
the  objects  of  our  likes  and  dis- 
likes qualities  they  do  not  possess, 
and  effects  they  cannot  produce. 
The  effects  of  the  present  tariff 
are  doubdess  overrated,  both  in  its 
evils  and  in  its  advantages.  3y 
one  class  of  reasoners,  the  reduc- 
ed price  of  cotton  and  other  ag- 
ricultural products  is  ascribed 
wholly  to  its  influence,  and  by 
another,  the  reduced  price  of  man- 
ufactured articles.  The  proba- 
bility is,  that  neither  opinion  ap- 
proaches the  truth,  and  that  both 


72] 


ANNUAL  REGISTER,  1830—31. 


are  induced  by  that  influence  of 
interests  and  prejudices  to  which 
I  have  referred.  The  decrease 
of  prices  extends  throughout  the 
commercial  world,  embracing  not 
only  the  raw  material  and  the 
manufactured  article,  but  provis- 
ions and  lands.  The  cause  must, 
therefore,  be  deeper  and  more 
pervading  than  the  tariff  of  the 
United  States.  It  may,  in  a 
measure,  be  attributable  to  the  in- 
creased value  of  the  precious 
metals,  produced  by  a  diminution 
of  the  supply,  and  an  increase  in 
the  demand ;  while  commerce 
has  rapidly  extended  itself,  and 
population  has  augmented.  The 
supply  of  gold  and  silver,  the  gen- 
eral medium  of  exchange,  has 
been  greatly  interrupted  by  civil 
convulsions  in  the  countries  from 
which  they  are  principally  drawn. 
A  part  of  the  effect,  too,  is  doubt- 
less owing  to  an  increase  of  ope- 
ratives and  improvements  in  ma- 
chinery. But,  on  the  whole,  it  is 
questionable  whether  the  reduc- 
tion in  the  price  of  lands,  produce, 
and  manufactures,  has  been  great- 
er than  the  appreciation  of  the 
standard  of  value. 

While  the  chief  object  of  du- 
ties should  be  revenue,  they  may 
be  so  adjusted  as  to  encourage 
manufactures.  In  this  adjustment, 
however,  it  is  the  duty  of  the 
Government  to  be  guided  by  the 
general  good.  Objects  of  national 
importance  alone  ought  to  be  pro- 
tected :  of  these,  the  productions 
of  our  soil,  our  mines,  and  our 
workshops,  essential  to  national 
defence,  occupy  tlie  first  rank. 
Whatever  other  species  of  domes- 
tic industry,  having  the  impor- 
tance to  which  I  have  referred, 


may  be  expected,  after  temporary 
protection,  to  compete  with  foreign 
labor  on  equal  terms,  merit  the 
same  attention  in  a  subordinate 
degree. 

The  present  tariff  taxes  some 
of  the  comforts  of  life  unnecessa- 
rily high :  it  undertakes  to  pro- 
tect interests  too  local  and  minute 
to  justify  a  general  exaction  ;  and 
it  also  attempts  to  force  some 
kinds  of  manufactures  for  which 
the  country  is  not  ripe.  Much 
relief  will  be  derived,  in  some  of 
these  respects,  from  the  measures 
of  your  last  session. 

The  best  as  well  as  fairest 
mode  of  determining  whether, 
from  any  just  considerations,  a 
particular  interest  ought  to  re- 
ceive protection,  would  be  to  sub- 
mit the  question  singly  for  delib- 
eration. If,  after  due  examination 
of  its  merits,  unconnected  with 
extraneous  considerations — such 
as  a  desire  to  sustain  a  general 
system,  or  to  purchase  support 
for  a  different  interest — it  should 
enlist  in  its  favor  a  majority  of  the 
Representatives  of  the  people, 
there  can  be  little  danger  of  wrong 
or  injury  in  adjusting  the  tariff 
with  reference  to  its  protective 
effect.  If  this  obviously  just  prin- 
ciple were  honestly  adhered  to, 
the  branches  of  industry  which 
deserve  protection  would  be  saved 
from  the  prejudice  excited  against 
them,  when  that  protection  forms 
part  of  a  system  by  which  por- 
tions of  the  country  feel,  or  con- 
ceive themselves  to  be,  oppressed. 
What  is  incalculably  more  impor- 
tant, the  vital  principle  of  our  sys- 
tem— that  principle  which  requires 
acquiescence  in  the  will  of  the 
majority — ^would  be  secure  from 


PUBLIC  DOCUMENTS. 


[73 


the  discredit  and  danger  to  which 
it  is  exposed  by  the  acts  of  ma- 
jorities, founded,  not  on  identity 
of  conviction,  but  on  combinations 
of  small  minorities,  entered  into 
for  the  purpose  of  mutual  assis- 
tance in  measures  which,  resting 
solely  on  their  own  merits,  could 
never  be  carried. 

I  am  well  aware  that  this  is  a 
subject  of  so  much  delicacy,  on 
acdount  of  the  extended  interests 
it  involves,  as  to  require  that  it 
should  be  touched  with  the  ut- 
most caution  ;  and  that,  while  an 
abandonment  of  the  policy  in 
which  it  originated — a  policy  co- 
eval with  our  Government,  and 
pursued  through  successive  ad- 
ministrations— is  neither  to  be  ex- 
pected or  desired,  the  people  have 
a  right  to  demand,  and  have  de- 
manded, that  it  be  so  modified  as 
to  correct  abuses  and  obviate  in- 
justice. 

That  our  deliberations  on  this 
interesting  subject  should  be  un- 
influenced by  those  partizan  con- 
flicts that  are  incident  to  free  in- 
stitutions, is  the  fervent  wish  of 
my  heart.  To  make  this  great 
question,  which  unhappily  so 
much  divides  and  excites  the  pub- 
lic mind,  subservient  to  the  short- 
sighted views  of  faction,  must 
destroy  all  hope  of  setding  it  sat- 
isfactorily to  the  great  body  of  the 
people,  and  for  the  general  inter- 
est. I  cannot,  therefore,  on  tak- 
ing leave  of  the  subject,  too  ear- 
nesdy  for  my  own  feelings  or  the 
common  good,  w^arn  you  against 
the  blighting  consequences  of  ?uch 
a  course. 

According  to  the  estimates  of 
the   Treasury   Department,   the 
receipts  in  the  'IVeasury  during 
7 


the  present  year  will  amount  to 
twentyfour  millions  one  hundred 
and  sixtyone  thousand  and  eigh- 
teen dollars,  which  will  exceed  by 
about  three  hundred  thousand 
dollars  the  estimate  presented  in 
the  last  annual  report  of  the  Sec- 
retary of  the  Treasury.  The 
total  expenditure  during  the  year, 
exclusive  of  public  debt,  is  esti- 
mated at  thirteen  millions  seven 
hundred  and  fortytwo  thousand 
three  hundred  and  eleven  dollars ; 
and  the  payment  on  account  of 
public  debt  for  the  same  period 
will  have  been  eleven  millions 
three  hundred  and  fiftyfour  thou- 
sand six  hundred  and  thirty  dol- 
lars; leaving  a  balance  in  the 
Treasury,  on  the  1st  of  January, 
1831,  of  four  millions  eight  hun- 
dred and  nineteen  thousand  seven 
hundred  and  eightyone  dollars. 

In  connexion  with  the  condi- 
tion of  our  finances,  it  affords  me 
pleasure  to  remark,  that  judicious 
and  efficient  arrangements  have 
been  made  by  the  Treasury  De- 
partment for  securing  the  pecuni- 
ary responsibility  of  the  public 
officers,  and  the  more  punctual 
payment  of  the  public  dues.  The 
revenue  cutter  service  has  been 
organized,  and  placed  on  a  good 
footing,  and  aided  by  an  increase 
of  inspectors  at  exposed  points ; 
and  the  regulations  adopted  under 
the  act  of  May,  1830,  for  the  in- 
spection and  appraisement  of  mer- 
chandise, have  produced  much 
improvement  in  the  execution  of 
the  laws,  and  more  security  against 
the  commission  of  frauds  upon 
the  revenue.  Abuses  in  the 
allowances  for  fishing  bounties 
have  also  been  corrected,  and  a 
material  saving  in  that  branch  of 


74] 


ANNUAL  REGISTER,  1830—31. 


the  service  thereby  effected.  In 
addition  to  these  improvements, 
the  system  of  expenditure  for  sick 
seamen  belonging  to  the  merchant 
service  has  been  revised  ;  and, 
by  being  rendered  uniform  and 
economical,  the  benefits  of  the 
fund  applicable  to  this  object  have 
been  usefully  extended. 

The  prosperity  of  our  country 
is  also  further  evinced  by  the  in- 
creased revenue  arising  from  the 
sale  of  public  lands,  as  will  appear 
from  the  report  of  the  Com- 
missioner of  the  General  Land 
Office,  and  the  documents  accom- 
panying it,  which  are  herewith 
transmitted.  I  beg  leave  to  draw 
your  attention  to  this  report,  and 
to  the  propriety  of  making  early 
appropriations  for  the  objects 
which  it  specifies. 

Your  attention  is  again  invited 
to  the  subjects  connected  with 
that  portion  of  the  public  interests 
entrusted  to  the  War  Department. 
Some  of  them  were  referred  to 
in  my  former  message  ;  and  they 
are  presented  in  detail  in  the  re- 
port of  the  Secretary  of  War, 
herewith  submitted.  I  refer  you, 
also,  to  the  report  of  that  officer 
for  a  knowledge  of  the  state  of 
tlie  Army,  fortifications,  arsenals, 
and  Indian  affiiirs  ;  all  of  which, 
it  will  be  perceived,  have  been 
guarded  with  attention  and  care. 
It  is  worthy  of  your  consideration, 
whether  the  armaments  necessa- 
ry for  the  fortifications  on  our 
maritime  frontier,  which  are  now, 
or  shortly  will  be,  completed, 
should  not  be  in  readiness  sooner 
than  the  customary  appropriations 
will  enable  the  Department  to 
provide  them.  TIjis  precaution 
^eems  to  be  due  to  the  general 


system  of  fortification  which  has 
been  sanctioned  by  Congress,  and 
is  recommended  by  that  max- 
im of  wisdom  which  tells  us,  in 
peace  to  prepare  for  war. 

I  refer  you  to  the  report  of  the 
Secretary  of  the  Navy  for  a  highly 
satisfactory  account  of  the  manner 
in  which  the  concerns  of  that  De- 
partment have  been  conducted' 
during  the  present  year.  Our 
position  in  relation  to  the  most 
powerful  nations  of  the  earth,  and 
the  present  condition  of  Europe, 
admonish  us  to  cherish  this  arm 
of  our  national  defence  with  pe- 
culiar care.  Separated  by  wide 
seas  from  all  those  governments 
whose  power  we  might  have  rea- 
son to  dread,  we  have  nothing 
to  apprehend  from  attempts  at 
conquest.  It  is  chiefly  attacks 
upon  our  commerce,  and  haras- 
sing inroads  upon  our  coast, 
against  which  we  have  to  guard. 
A  naval  force  adequate  to  the 
protection  of  our  commerce,  al- 
ways afloat,  with  an  accumulation 
of  the  means  to  give  it  a  rapid 
extension  in  case  of  need,  fur- 
nishes the  power  by  which  all 
such  aggressions  may  be  prevent- 
ed or  repelled.  The  attention 
of  the  Government  has,  there- 
fore, been  recently  directed  more 
to  preserving  the  public  vessels 
already  buih,  and  providing  ma- 
terials to  be  placed  in  depot  for 
future  use,  than  to  increasing  their 
number.  With  the  aid  of  Con- 
gress, in  a  few  years  the  Govern- 
ment will  be  prepared,  in  case  of 
emergency,  to  put  afloat  a  pow- 
erful Navy  of  new  ships  almost 
as  soon  as  the  old  ones  could  be 
repaired. 

The  modifications  in  Ihis  part 


PUBLIC  DOCUMENTS. 


[75 


of  the  service  suggested  in  my 
last  annual  message,  which  are 
noticed  more  in  detail  in  the  re- 
port of  the  Secretary  of  the  Navy, 
are  again  recommended  to  your 
serious  attention. 

The  report  of  the  Postmaster 
General,  in  like  manner,  exhibits 
a  satisfactory  view  of  the  impor- 
tant branch  of  the  Government 
under  his  charge.  In  addition 
to  the  benefits  already  secured  by 
the  operations  of  the  Post  Office 
Department,  considerable  im- 
provements within  the  present  year 
have  been  made  by  an  increase 
in  the  accommodation  afforded  by 
stage  coaches,  and  in  the  frequen- 
cy and  celerity  of  the  mail  be- 
tween some  of  the  most  important 
points  of  the  Union. 

Under  the  late  contracts,  im- 
provements have  oeen  provided 
for  the  southern  section  of  the 
country,  and,  at  the  same  time, 
an  annual  saving  made  of  upwards 
of  seventytwo  thousand  dollars. 
Notwithstanding  the  excess  of 
expenditure  beyond  the  current 
receipts  for  a  few  years  past, 
necessarily  incurred  in  the  fulfil- 
ment of  existing  contracts,  and 
in  the  additional  expenses,  be- 
tween the  periods  of  contracting, 
to  meet  the  demands  created  by 
the  rapid  growth  and  extension  of 
our  flourishing  country ;  yet  the 
satisfactory  assurance  is  given, 
that  the  future  revenue  of  the 
department  will  be  sufficient  to 
meet  its  extensive  engagements. 
The  system  recently  introduced, 
that  subjects  its  receipts  and 
disbursements  to  strict  regulation, 
has  entirely  fulfilled  its  design. 
■  It  gives  full  assurance  of  the 
punctual  transmission,  as  well  as 


the  security,  of  the  funds  of  the 
department.  The  efficiency  and 
industry  of  its  officers,  and  the 
ability  and  energy  of  contractors, 
justify  an  increased  confidence  in 
its  continued  prosperity. 

The  attention  of  Congress  was 
called,  on  a  former  occasion,  to 
the  necessity  of  such  a  modifica- 
tion of  the  office  of  Attorney 
General  of  the  United  States  as 
would  render  it  more  adequate  to 
the  wants  of  the  public  service. 
This  resulted  in  the  establishment 
of  the  office  of  Solicitor  of  the 
Treasury ;  and  the  earliest  mea- 
sures were  taken  to  give  effect  to 
the  provisions  of  the  law  which 
authorized  the  appointment  of  that 
officer,  and  defined  his  duties. 
But  it  is  not  believed  that  this 
provision,  however  useful  in  itself, 
is  calculated  to  supersede  the  ne- 
cessity of  extending  the  duties 
and  powers  of  the  Attorney 
General's  office.  On  the  con- 
trary, I  am  convinced  that  the 
public  interest  would  be  greatly 
promoted  by  giving  to  that  officer 
the  general  superintendence  of 
the  various  law  agents  of  the 
Government,  and  of  all  law  pro- 
ceedings, whether  civil  or  crim- 
inal, in  which  the  United  States 
may  be  interested,  allowing  to 
him,  at  the  same  time,  such  a 
compensation  as  would  enable 
him  to  devote  his  undivided  at- 
tention to  the  public  business.  I 
think  such  a  provision  is  alike 
due  to  the  public  and  to  the  officer. 

Occasions  of  reference  from 
the  different  Executive  Depart- 
ments to  the  Attorney  General 
are  of  frequent  occurrence ;  and 
the  prompt  decision  of  the  ques- 
tions so  referred  tends  much  to 


761 


ANNUAL  REGISTER.  1830—31. 


facilitate  the  despatch  of  business 
in  those  Departments.  The  re- 
port of  the  Secretary  of  the 
Treasury,  hereto  appended,  shows 
also  a  branch  of  the  public  ser- 
vice not  specially  entrusted  to 
any  officer,  which  might  be  ad- 
vantageously committed  to  the 
Attorney  General. 

But,  independently  of  those 
considerations,  this  office  is  now 
one  of  daily  duty.  It  was  origi- 
nally organized,  and  its  compen- 
sation fixed,  with  a  view  to  occa- 
sional service,  leaving  to  the  in- 
cumbent time  for  the  exercise  of 
his  profession  in  private  practice. 
The  state  of  things  which  war- 
ranted such  an  organization  no 
longerexists.  The  frequent  claims 
upon  the  services  of  this  officer 
would  render  his  absence  from 
the  seat  of  Government,  in  pro- 
fessional attendance  upon  the 
courts,  injurious  to  the  public  ser- 
vice ;  and  the  interests  of  the 
Government  could  not  fail  to  be 
promoted  by  charging  him  with 
the  general  superintendence  of 
all  its  legal  concerns. 

Under  a  strong  conviction  of 
the  justness  of  these  suggestions, 
[  recommend  it  to  Congress  to 
make  the  necessary  provisions 
for  giving  effect  to  them,  and  to 
place  the  Attorney  General,  in 
regard  to  compensation,  on  the 
same  footing  with  the  heads  of  the 
several  Executive  Departments. 
To  this  officer  might  also  be  entrust- 
ed a  cognizance  of  the  cares  [of 
insolvency  in  public  debtors,  es- 
pecially if  the  views  which  I  sub- 
mitted on  this  subject  last  year 
should  meet  the  approbation  of 
Congress — 'to  which  I  again  so- 
licit your  attention. 

Your  attention  is  respectfully 


invited  to  the  situation  of  the 
District  of  Columbia.  Placed, 
by  the  Constitution,  under  the 
exclusive  jurisdiction  and  control 
of  Congress,  this  District  is  cer- 
tainly entitled  to  a  much  greater 
share  of  its  consideration  than  it 
has  yet  received.  There  is  a 
want  of  uniformity  in  its  laws, 
particularly  in  those  of  a  penal 
character,  which  increases  the 
expense  of  their  administration, 
and  subjects  the  people  to  all  the 
inconveniences  which  result  from 
the  operation  of  different  codes 
in  so  small  a  territory.  On  dif- 
ferent sides  of  the  Potomac,  the 
same  offence  is  punishable  in 
unequal  degrees ;  and  the  pecu- 
liarities of  many  of  the  early  laws 
of  Maryland  and  Virginia  remain 
in  force,  notwithstanding  their  re- 
pugnance, in  some  cases,  to  the 
improvemen'"-  which  have  super- 
seded them  in  those  States. 

Besides  a  remedy  lor  these 
evils,  which  is  loudly  called  for, 
it  is  respectfully  submitted  wheth- 
er a  provision  authorizing  the 
election  of  a  Delegate  to  represent 
the  wants  of  the  citizens  of  this 
District  on  the  floor  of  Congress, 
is  not  due  to  them,  and  to  the 
character  of  our  Government. 
No  portion  of  our  citizens  should 
be  without  a  practical  enjoyment 
of  the  principles  of  freedom  ;  and 
there  is  none  more  important 
than  that  which  cultivates  a  prop- 
er relation  between  the  governors 
and  the  governed.  Imperfect  as 
this  must  be  in  this  case,  yet  it 
is  believed  that  it  would  be  greatly 
improved  by  a  representation  in 
Congress,  with  the  same  privile- 
ges that  are  allowed  to  that  of  the 
other  territories  of  the  United 
States. 


PUBLIC  DOCUMENTS. 


[77 


The  penitentiary  is  ready  for 
the  reception  of  convicts,  and  only 
awaits  the  necessary  legislation 
to  put  it  into  operation ;  as  one 
object  of  which,  I  beg  leave  to 
recal  to  your  attention  the  pro- 
priety of  providing  suitable  com- 
pensation for  the  officers  charged 
with  its  inspection. 

The  importance  of  the  princi- 
ples involved  in  the  inquiry, 
whether  it  will  be  proper  to  re- 
charter  the  Bank  of  the  United 
States,  requires  that  I  should  again 
call  the  attention  of  Congress  to 
the  subject.  Nothing  has  occur- 
red to  lessen,  in  any  degree,  the 
dangers  which  many  of  our  citi- 
zens apprehend  from  that  insti- 
tution, as  at  present  organized. 
In  the  spirit  of  improvement  and 
compromise  which  distinguishes 
our  country  and  its  institutions, 
it  becomes  us  to  inquire,  wheth- 
er it  be  not  possible  to  secure  the 
advantages  afforded  by  the  present 
bank  through  the  agency  of  a  Bank 
of  the  United  States  so  modified  in 
its  principles  and  structure  as  to 
obviate  constitutional  and  other 
objections. 

It  is  thought  practicable  to  or- 
ganize such  a  bank,  with  the  ne- 
cessary officers,  as  a  branch  of 
the  Treasury  Department,  based 
on  the  public  and  individual  de- 
posites,  without  power  to  make 
loans  or  purchaseproperty, which 
shall  remit  the  funds  of  the  Gov- 
ernment, and  the  expenses  of 
which  may  be  paid,  if  thought  ad- 
visable, by  allowing  its  officers  to 
sell  bills  of  exchange  to  private 
individuals  at  a  moderate  premi- 
um. Not  being  a  corporate  body 
— having  no  stockholders,  debtors 
or  property,  and  but  few  officers, 
7* 


it  would  not  be  obnoxious  to  the 
constitutional  objections  which  are 
urged  against  the  present  bank ; 
and  having  no  means  to  operate 
on  the  hopes,  fears,  or  interests  of 
large  masses  of  the  community, 
it  would  be  shorn  of  the  influence 
which  makes  that  bank  formida- 
ble. The  States  would  be  strength- 
ened by  having  in  their  hands  the 
means  of  furnishing  the  local  pa- 
per currency  through  their  own 
banks ;  while  the  Bank  of  the 
United  States,  though  issuing  no 
paper,  would  check  the  issues  of 
the  State  banks,  by  taking  their 
notes  in  deposite,  and  for  ex- 
change, only  so  long  as  they  con- 
tinue to  be  redeemed  with  spe- 
cie. In  times  of  public  emer- 
gency, the  capacities  of  such  an 
institution  might  be  enlarged  by 
legislative  provisions. 

These  suggestions  are  made, 
not  so  much  as  a  recommendation 
as  with  a  view  of  calling  the  at- 
tention of  Congress  to  the  pos- 
sible modifications  of  a  system 
which  cannot  continue  to  exist  in 
its  present  form  without  occasion- 
al collisions  with  the  local  author- 
ities, and  perpetual  apprehensions 
and  discontent  on  the  part  of  the 
States  and  the  people. 

In  conclusion,  fellow-citizens, 
allow  me  to  invoke,  in  behalf  of 
your  deliberations,  that  spirit  oT 
conciliation  and  disinteresteduFjss 
which  is  the  gift  of  patriotisms 
Under  an  overruling  and  nrierci-^ 
ful  Providence,  the  agency  of  this 
spirit  has  thus  far  been  sir^nalized 
in  the  prosperity  and  glory  of 
our  beloved  country^  May  itSi 
influence  be  eternal. 

Andrew  Jacksow. 


78] 


ANNUAL  REGISTER,  1830—31. 


Treaty  of  Commerce  and  Navigation  between  the   United  Staiesj 
and  his  Majesty  the  Emperor  of  Austria. 


The  United  States  of  America, 
and  His  Majesty  the  Emperor  of 
Austria,  King  of  Hungary  and 
Bohemia,  equally  animated  with 
the  desire  of  maintaining  the  rela- 
tions of  good  understanding  which 
have  hitherto  so  happily  subsisted 
between  their  respective  States, 
of  extending,  also,  and  consolidat- 
ing the  commercial  intercourse 
between  them,  and  convinced  that 
this  object  cannot  better  be  ac- 
complished than  by  adopting  the 
system  of  an  entire  freedom  of 
navigation,  and  a  perfect  recipro- 
city, based  upon  principles  of 
equity  equally  beneficial  to  both 
countries,  have,  in  consequence, 
agreed  to  enter  into  negotiations 
for  the  conclusion  of  a  treaty  of 
commerce  and  navigation,  for 
which  purpose  the  President  of 
the  United  States  has  conferred 
full  powers  on  Martin  Van  Buren, 
their  Secretary  of  State ;  and  His 
Majesty  the  Emperot  of  Austria 
has  conferred  like  powers  on 
Lewis,  Baron  de  Lederer,  his 
said  Majesty's  Consul  for  the  port 
of  New  York,  and  the  said  Ple- 
nipotentiaries having  exchanged 
their  said  full  powers,  found  in 
good  and  due  form,  have  con- 
cluded and  signed  the  following 
articles. 

Article  1.  There  shall  be 
between  the  territories  of  the  high 
contracting  parties  a  reciprocal 
liberty  of  commerce  and  naviga- 
tion. The  inhabitants  of  their  re- 
spective States  shall  mutually  have 
liberty  to  enter  the  ports,  places, 
and   rivers  of  the  territories   of 


each  party,  wherever  foreign  com- 
merce is  permitted.  They  shall 
be  at  liberty  to  sojourn  and  leside 
in  all  parts  whatsoever  of  said  ter- 
ritories, in  order  to  attend  to  their 
commercial  affairs ;  and  they  shall 
enjoy,  to  that  effect,  the  same  se- 
curity, protection  and  privileges 
as  natives  of  the  country  wherein 
they  reside,  on  condition  of  their 
submitting  to  the  laws  and  ordi- 
nances there  prevailing. 

Art.  2.  Austrian  vessels  arriv- 
ing, either  laden  or  in  ballast,  in 
the  ports  of  the  United  States  of 
America  ;  and,  reciprocally,  ves- 
sels of  the  United  States  arriving, 
either  laden,  or  in  ballast,  in  the 
ports  of  the  dominions  of  Austria, 
shall  be  treated  on  their  entrance, 
during  their  stay,  and  at  their  de- 
parture, upon  the  same  footing  as 
national  vessels  coming  from  the 
same  place,  with  respect  to  the 
duties  of  tonnage,  light-houses, 
pilotage  and  port  charges,  as  well 
as  to  the  fees  and  perquisites  of 
public  officers  and  all  other  duties 
or  charges  of  whatever  kind  or 
denomination,  levied  in  the  name, 
or  to  the  profit  of  the  Government, 
the  local  authorities,  or  of  any 
private  establishment  whatsoever. 

Art.  3.  All  kind  of  merchan- 
dise and  articles  of  commerce, 
either  the  produce  of  the  soil  or 
the  industry  of  the  United  States 
of  America,  or  of  any  other  coun- 
try, which  may  be  lawfully  im- 
ported into  the  ports  of  the  do- 
minions of  Austria,  in  Austrian 
vessels,  may  also  be  so  imported 
in  vessels  of  the  United  States  of 


PUBLIC  DOCUMENTS. 


[79 


America,  without  paying  other  or 
higher  duties  or  charges,  of  what- 
ever kind  or  denomination,  levied 
in  the  name  or  to  the  profit  of  the 
Government,  the  local  authorities, 
or  of  any  private  establishments 
whatsoever,  tlian  if  the  same  mer- 
chandise or  produce  had  been  im- 
ported in  Austrian  vessels.  And, 
reciprocally,  all  kind  of  merchan- 
dise and  articles  of  commerce, 
either  the  produce  of  the  soil  or 
of  the  industry  of  the  dominions 
of  Austria,  or  of  any  other  coun- 
try, which  may  be  lawfully  im- 
ported into  the  ports  of  the  Unit- 
ed States,  in  vessels  of  the  said 
States,  may  also  be  so  imported 
in  Austrian  vessels,  without  pay- 
ing other  or  higher  duties  or 
charges,  of  whatever  kind  or  de- 
nomination levied  in  the  name, 
or  to  the  profit  of  the  Government, 
the  local  authorities,  or  of  any  pri- 
vate establishments  whatsoever, 
than  if  the  same  merchandise  or 
produce  had  been  imported  in 
vessels  of  the  United  States  of 
America. 

Art.  4.  To  prevent  the  possi- 
'  bility  of  any  misunderstanding,  it 
is  hereby  declared  that  the  stipu- 
lations contained  in  the  two  pre- 
ceding articles,  are,  to  their  full 
extent,  applicable  to  Austrian  ves- 
sels, and  their  cargoes,  arriving  in 
the  ports  of  the  United  States  of 
America ;  and,  reciprocally,  to 
vessels  of  the  said  States  and  their 
cargoes  arriving  in  the  ports  of 
the  dominions  of  Austria,  whether 
the  said  vessels  clear  directly  from 
the  ports  of  the  country  to  which 
they  respectively  belong,  or  from 
the  ports  of  any  other  foreign 
country. 

Art.  5.    No  higher  or  other 


duties  shall  be  imposed  on  the  im- 
portation into  the  United  States, 
of  any  article  the  produce  or 
manufacture  of  the  dominions  of 
Austria ;  and  no  higher  or  other 
duties  shall  be  imposed  on  the 
importation  into  the  dominions  of 
Austria,  of  any  article  the  pro- 
duce or  manufacture  of  the  United 
States,  than  are,  or  shall  be  pay- 
able on  the  like  article,  being  the 
produce  or  manufacture  of  any 
other  foreign  country.  Nor  shall 
any  prohibition  be  imposed  on  the 
importation  or  exportation  of  any 
article  the  produce  or  manufac- 
ture of  the  United  States,  or  of 
the  dominions  of  Austria,  to  or 
from  the  ports  of  the  United 
States,  or  to  or  from  the  ports  of 
the  dominions  of  Austria,  which 
shall  not  equally  extend  to  all 
other  nations. 

Art.  6.  All  kind  of  merchan- 
dise and  articles  of  commerce, 
either  the  produce  of  the  soil  or 
of  the  industry  of  the  United 
States  of  America,  or  of  any  other 
country,  which  may  be  lawfully 
exported,  or  re-exported  from  the 
ports  of  the  said  United  States,  m 
national  vessels,  may  also  be  ex- 
ported, or  re-exported  therefrom 
in  Austrian  vessels,  without  paying 
other  or  higher  duties  or  charges 
of  whatever  kind  or  denomination, 
levied  in  the  name  or  to  the  profit 
of  the  Government,  the  local  au- 
thorities, or  of  any  private  estab- 
lishments whatsoever,  than  if  the 
same  merchandise  or  produce  had 
been  exported  or  re-exported,  io 
vessels  of  the  United  States  of 
America. 

An  exact  reciprocity  shall  be 
observed  in  the  ports  of  the  do- 
minions of  Austria,   so  that  all 


80] 


ANNUAL  REGISTER,  1830—31. 


kinds  of  merchandise  and  articles 
of  commerce,  either  the  produce 
of  the  soil  or  of  the  industry  of 
the  said  dominions  of  Austria,  or 
of  any  other  country,  which  may 
be  lawfully  exported,  or  re-ex- 
ported, from  Austrian  ports,  in 
national  vessels,  may  also  be  ex- 
ported or  re-exported  therefrom, 
in  vessels  of  the  United  States  of 
America,  without  paying  other  or 
higher  duties  or  charges,  of  what- 
ever kind  or  denomination,  levied 
in  the  name  or  to  the  profit  of  the 
Government,  the  local  authorities, 
or  of  any  private  establishments 
whatsoever,  than  if  the  same  mer- 
chandise or  produce  had  been  ex- 
ported, or  re-exported,  in  Austrian 
vessels. 

And  the  same  bounties  and  draw- 
backs shall  be  allowed,  whether 
such  exportation  or  re-exporta- 
tion be  made  in  vessels  of  the 
one  party,  or  of  the  other. 

Art.  7.  It  is  expressly  under- 
stood and  agreed  that  the  coast- 
wise navigation  of  both  the  con- 
tracting parties,  is  altogether  ex- 
cepted from  the  operation  of  this 
treaty,  and  of  every  article  thereof. 

Art.  8.  No  priority  or  prefer- 
ence shall  be  given,  directly,  or 
indirectly,  by  either  of  the  con- 
tracting parties,  nor  by  any  Com- 
pany, Corporation,  or  Agent,  act- 
ing on  their  behalf  or  under  their 
authority,  in  the  purchase  of  any 
article  of  commerce,  lawfully  im- 
ported, on  account  of,  or  in  refer- 
ence to  the  character  of  the  ves- 
sel, whether  it  be  of  the  one 
party  or  of  the  other,  in  which 
such  article  was  imported,  it  being 
the  true  intent  and  meaning  of  the 
contracting  parties  that  no  distinc- 
tion or  difference  whatever  shall 
be  made  in  this  respect. 


Art.  9-  If  either  party  shall 
hereafter  grant  to  any  other  na- 
tion any  particular  favor  in  navi- 
gation or  commerce,  it  shall  im- 
mediately become  common  to  the 
other  party,  freely,  where  it  is 
freely  granted  to  such  other  na- 
tion, or  on  yielding  the  same 
compensation,  when  the  grant  is 
conditional. 

Art.  10.  The  two  contracting 
parties  hereby  reciprocally  grant 
to  each  other,  the  liberty  of  hav- 
ing, each  in  the  ports  of  the  other, 
Consuls,  Vice-Consuls,  Agents, 
and  Commissaries,  of  their  own 
appointment,  who  shall  enjoy  the 
same  privileges  and  powers  as 
those  of  the  most  favored  nations. 
But  if  any  such  Consuls  shall  ex- 
ercise commerce,  they  shall  be 
subjected  to  the  same  laws  and 
usages  to  which  the  private  indi- 
viduals of  their  nation  are  subject 
in  the  same  place,  in  respect  of 
their  commercial  transactions. 

Art.  11.  The  citizens  or  sub- 
jects of  each  party  shall  have 
power  to  dispose  of  their  personal 
goods,  within  the  jurisdiction  of 
the  other,  by  testament,  donation, 
or  otherwise ;  and  their  represen- 
tatives, being  citizens  or  subjects 
of  the  other  party,  shall  succeed 
to  their  personal  goods,  whether 
by  testament,  or  ab  intestato,  and 
may  take  possession  thereof,  either 
by  themselves  or  by  others  acting 
for  them,  and  dispose  of  the  same 
at  their  will,  paying  such  dues, 
taxes,  or  charges,  only,  as  the 
inhabitants  of  the  country  wherein 
the  said  goods  are  shall  be  subject 
to  pay  in  like  cases.  And  in  case 
of  the  absence  of  the  representa- 
tive, such  care  shall  be  taken  of 
the  said  goods,  as  would  be  taken 
of  the  goods  of  a  native  in  like 


PUBLIC  DOCUMENTS, 


[81 


case,  until  the  lawful  owner  may 
take  measures  for  receiving  them. 
And  if  any  question  should  arise 
among  several  claimants,  to  which 
of  them  said  goods  belong,  the 
same  shall  be  decided  finally  by 
the  laws  and  the  Judges  of  the 
land  wherein  the  said  goods  are. 
But  this  article  shall  not  derogate, 
in  any  manner,  from  the  force  of 
the  laws  already  published,  or 
hereafter  to  be  published  by  His 
Majesty  the  Emperor  of  Austria,  . 
to  prevent  the  emigration  of  his 
subjects. 

Art.  12.  The  present  treaty 
shall  continue  in  force  for  ten 
years,  counting  from  the  day  of 
the  exchange  of  the  ratification  ; 
and  if  twelve  months  before  the 
expiration  of  that  period,  neither 
of  the  high  contracting  parties 
shall  have  announced  by  an  offi- 
cial notification  to  the  other,  its 
intention  to  arrest  the  operation  of 
^ud  treaty,  it  shall  remain  binding 
for  one  year  beyond  that  time, 
and  so  on,  until  the  expiration  of 
the  twelve  months  which  will  fol- 
low a  similar  notification  whatever 
the  time  at  which  it  may  take 
place. 

Art.  13.  This  Treaty  shall  be 
approved  and  ratified  by  the  Pre- 
sident of  the  United  States,  by 
and  with  the  advice  and  consent 
of  the  Senate  thereof;  and  by 
His  Majesty  the  Emperor  of  Aus- 


tria ;  and  the  ratifications  shall  be 
exchanged  in  the  City  of  Wash- 
ington, within  twelve  months  from 
the  date  of  the  signature  hereof, 
or  sooner,  if  possible. 

In  faith  whereof  the  respective 
Plenipotentiaries  have  signed  and 
sealed  this  Treaty,  both  in  the 
English  and  German  languages, 
declaring,  however,  that,  it  having 
been  originally  composed  in  the 
former,  the  English  version  is  to 
decide  the  interpretation,  should 
any  diflerence  in  regard  to  it  un- 
fortunately arise. 

Done  in  triplicate,  at  Washing- 
ton, this  twentyseventh  day  of 
August,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and 
twentynine. 

L.  Baron  de  Lederer.  [l.  s.J 
M.  Van  Buren.  [ls.J 

The  said  Treaty  was  duly  rati- 
fied on  both  parts,  and  the  resipec- 
tive  ratifications  of  the  sj^rne  wet© 
exchanged  at  the  City  of  Wash- 
ington on  the  10th  of  February^ 
1831,  by  Martin  Van  Buren, 
Secretary  of  State  of  the  United 
States,  and  Lewis,  Baron  de  Le- 
derer.  Consul  General  of  Hisj 
Majesty  the  Emperor  of  Austria, 
in  the  said  United  States,  on  the 
part  of  their  respective  Govern- 
ments. 


Treaty  between  the  United  States  and  His  Majesty  the  King  of  tke 

French, 

The  United  States  of  America    French,  animated  with  an  equal 
and  His  Majesty  the  King  of  the    desire  to  adjust  amicably  and  in  a 


82] 


ANNUAL  REGISTER,  1830—31. 


manner  conformable  to  equity,  as 
well  as  to  the  relations  of  good 
intelligence  and  sincere  friendship 
which  unite  the  two  countries,  the 
reclamations  formed  by  the  re- 
spective Governments,  have,  for 
this  purpose,  named  for  their 
plenipotentiaries,  to  wit :  the  Pre- 
sident of  the  United  States,  by 
and  with  the  advice  and  consent 
of  the  Senate,  William  C.  Rives, 
Envoy  Extraordinary  and  Minis- 
ter Plenipotentiary  of  the  said 
United  States  near' His  Majesty 
the  King  of  the  French,  and  His 
Majesty  the  King  of  the  French, 
the  Count  Horace  Sebastiani, 
Lieutenant  General  of  his  Armies, 
his  Minister  Secretary  of  State 
for  the  Department  of  Foreign 
Affairs,  &c.  Sic,  who,  after  hav- 
ing exchanged  their  full  powers, 
found  in  good  and  due  form,  have 
agreed  upon  the  following  arti- 
cles : 

Article  1 .  The  French  Gov- 
ernment, in  order  to  liberate  itself 
completely  from  all  the  reclama- 
tions preferred  against  it  by  the  cit- 
izens of  the  United  States,  for  un- 
lawful seizures,  captures,  seques- 
trations, confiscations,  or  destruc- 
tions of  their  vessels,  cargoes,  or 
other  property,  engages  to  pay  a 
sum  of  twentyfive  millions  of  francs 
to  the  Government  of  the  United 
States,  who  shall  distribute  it 
among  those  entitled,  in  the  man- 
ner, and  according  to  the  rules 
which  it  shall  determine. 

Art.  2.  The  sum  of  twenty- 
five  millions  of  francs,  above  stip- 
ulated, shall  be  paid  at  Paris,  in 
six  annual  instalments,  of  four 
millions  one  hundred  and  sixty- 
six  thousand  six  hundred  and 
sixtysix  francs  sixtysix  centimes 


each,  into  the  hands  of  such  per- 
son or  persons  as  shall  be  author- 
ized by  the  Government  of  the 
United  States  to  receive  it. 

The  first  instalment  shall  be 
paid  at  the  expiration  of  one  year 
next  following  the  exchange  of 
ratifications  of  this  convention, 
and  the  others  at  successive  inter- 
vals of  a  year,  one  after  another, 
till  the  whole  shall  be  paid. 

To  the  amount  of  each  of  the 
said  instalments  shall  be  added 
interest  at  four  per  cent,  thereup- 
on, as  upon  the  other  instalments 
then  remaining  unpaid  ;  the  said 
interest  to  be  computed  from  the 
day  of  the  exchange  of  the  ratifi- 
cations of  the  present  conven- 
tion. 

Art.  3.  The  Government  of 
the  United  States,  on  its  part,  for 
the  purpose  of  being  liberated 
completely  from  all  the  reclama- 
tions presented  by  France,  on 
behalf  of  its  citizens,  or  of  the 
Royal  Treasury,  (either  for  ancient 
supplies  or  accounts,  the  liquida- 
tion of  which  had  been  reserved, 
or  for  unlawful  seizures,  captures, 
detentions,  arrests,  or  destruc- 
tions of  French  vessels,  cargoes, 
or  other  property,)  engages  to  pay 
to  the  Government  of  his  Majesty 
(which  shall  make  distribution  of 
the  same  in  the  manner  and  ac- 
cording to  the  rules  to  be  deter- 
mined by  it)  the  sum  of  one  mil- 
lion five  hundred  thousand  francs. 

Art.  4.  The  sum  of  one  mil- 
lion five  hundred  thousand  francs, 
stipulated  in  the  preceding  article, 
shall  be  payable  in  six  annual  in- 
stalments, of  two  hundred  and 
fifty  thousand  francs ;  and  the 
payment  of  each  of  the  said  instal- 
ments shall  be  effected  by  a  re- 


PUBLIC  DOCUMENTS. 


[83 


servation  of  so  much  out  of  the 
annual  sums  which  the  French 
government  is  bound,  by  the 
second  article  above,  to  pay  to 
the  Government  of  the  United 
States. 

To  the  amount  of  each  of  these 
instalments  shall  be  added  inter- 
est at  four  per  cent,  upon  the  in- 
stalment then  paid,  as  well  as 
upon  those  still  due  ;  which  pay- 
ment of  interest  shall  be  effected 
by  means  of  a  reservation,  similar 
to  that  already  indicated  for  the 
payment  of  the  principal.  The 
said  interest  shall  be  computed 
from  the  day  of  the  exchange  of 
the  ratifications  of  the  present 
Convention. 

Art.  5.  As  to  the  reclamations 
of  French  citizens  against  the 
Government  of  the  United  States, 
and  the  reclamations  of  the  citi- 
zens of  the  United  States  against 
the  French  government,  which 
are  of  a  different  nature  from 
those  which  it  is  the  object  of  the 
present  convention  to  adjust,  it  is 
understood  that  the  citizens  of 
the  two  nations  may  prosecute 
them  in  their  respective  coun- 
ti-ies,  before  the  competent  judi- 
cial or  administrative  authorities, 
in  complying  with  the  laws  and 
regulations  of  the  country,  the 
dispositions  and  benefit  of  which 
shall  be  applied  to  them  in  like 
manner  as  to  native  citizens. 

Art.  6.  The  French  govern- 
ment and  the  Government  of  the 
United  States  reciprocally  engage 
to  communicate  to  each  other,  by 
the  intermediary  of  the  respective 
legations,  the  documents,  titles  or 
other  informations  proper  to  fa- 
cilitate the  examination  and  hqui- 


dation  of  the  reclamations  com- 
prised in  the  stipulations  of  the 
present  convention. 

Art.  7.  The  wines  of  France, 
from  and  after  the  exchange  of 
the  ratifications  of  the  present 
Convention,  shall  be  admitted  to 
consumption  in  the  Slates  of  the 
Union  at  duties  which  shall  not 
exceed  the  following  rates  by  the 
gallon,  (such  as  it  is  used  at  pres- 
ent for  wines  in  the  United  States) 
to  wit :  six  cents  for  red  wine  in 
casks ;  ten  cents  for  white  wine 
in  casks,  and  twentytwo  cents 
for  wine  of  all  sorts  in  bottles. 
The  proportion  existing  between 
the  duties  on  French  wines  thus 
reduced,  and  the  general  rates  of 
the  tariff  which  went  into  opera- 
tion the  1st  of  January  1829,  shall 
be  maintained,  in  case  the  Govern- 
ment of  the  United  States  should 
think  propsr  to  diminish  those 
general  rates  in  a  new  tariff. 

In  consideration  of  this  stipula- 
tion, which  shall  be  binding  on 
the  United  States  for  ten  years, 
the  French  government  abandons 
the  reclamations  which  it  had 
formed  in  relation  to  the  eighth 
article  of  the  Treaty  of  Cession 
of  Louisiana.  It  engages,  more- 
over, to  establish  on  the  long 
staple  cottons  of  the  United  States, 
which,  after  the  exchange  of  the 
ratifications  of  the  present  Con- 
vention, shall  be  brought  directly 
thence  to  France  by  the  vessels  of 
the  United  States,  or  by  French 
vessels,  the  same  duties  as  on 
short  staple  cottons. 

Art.  8.  The  present  con- 
vention shall  be  ratified,  and  the 
ratifications  shall  be  exchanged, 
at   Washington,  in  the   space  of 


84] 


ANNUAL  REGISTER,  1830—31. 


eight  months,  or  sooner,  if  pos- 
sible. 

In  Faith  of  which  the  respec- 
tive Plenipotentiaries  have 
signed  their  names  thereto, 
and  set  their  seals.      Done 


at  Paris,  the  fourth  day  of 
the   month   of   July,    One 
Thousand    Eight   Hundred 
and  Thirtyone. 
W.  C.  RivEs,  [l.  s.T 

Horace  Slbastiani.  [l.  s.J 


Treaty  between  the  United  States  and  the  Choctaw  Indians. 


A  Treatt  of  perpetual  friend- 
ship, cession  and  limits  entered 
into  by  John  H.  Eaton  and 
John  Coffee,  for  and  in  behalf 
of  the  Government  of  the  Unit- 
ed States  and  the  Mingoes, 
Chiefs,  Captains  and  Warriors 
of  the  Choctaw  Nation,  begun 
and  held  at  Dancing  Rabbit. 
Creek,  on  the  fifteenth  of  Sep- 
tember in  the  year  Eighteen 
Hundred  and  Thirty. 
Whereas  the  General  Assembly 
of  the  State  of  Mississippi  has 
extended  the  laws  of  said  State 
to  persons  and  property  within 
the  chartered  limits  of  the  same, 
and  the  President  of  the  Unit- 
ed States  has  said  that  he  can- 
not protect  the  Choctaw  people 
from  the  operation  of  these 
laws  ;  Now,  therefore,  that  the 
Choctaw  may  live  under  their 
own  laws  in  peace  with  the 
United  States  and  the  State  of 
Mississippi,  they  have  deter- 
mined to  sell  their  lands  east  of 
the  Mississippi,  and  have  ac- 
cordingly agreed  to  the  follow^- 
ing  articles  of  treaty  : 
Art.  1.  Perpetual  peace  and 
friendship  is  pledged  and  agreed 
upon  by  and  between  the  United 
States  and  the  Mingoes,  Chiefs, 
and  Warriors   of    the   Choctaw 


Nation  of  Red  People ;  and  that 
this  may  be  considered  the  Trea- 
ty existing  between  the  parties,  all 
other  Treaties  heretofore  existing 
and  inconsistent  with  the  provis- 
ions of  this,  are  hereby  declared 
null  and  void. 

Art.  2.  The  United  States  un- 
der a  grant  especially  to  be  made 
by  the  President  of  the  United 
States  shall  cause  to  be  convey- 
ed to  the  Choctaw  Nation  a  tract 
of  country  west  of  the  Mississippi 
River,  in  fee  simple  to  them  and 
their  descendants,  to  inure  to 
them  while  they  .  shall  exist  as  a 
nation  and  live  on  it,  beginning 
near  Fort  Smith  where  the  Ar- 
kansas boundary  crosses  the  Ar- 
kansas River,  running  thence  to 
the  source  of  the  Canadian  fork, 
if  in  the  limits  of  the  United 
States,  or  to  those  limits ;  thence 
due  south  to  Red  River,  and 
down  Red  River  to  the  west  boun- 
dary of  the  Territory  of  Arkan- 
sas ;  thence  north  along  that  line 
to  the  beginning.  The  boundary 
of  the  same  to  be  agreeably  to 
the  Treaty  made  and  concluded 
at  Washington  City  in  the  year 
1 825.  The  grant  to  be  executed 
so  soon  as  the  present  Treaty 
shall  be  ratified. 

Art.  .3     In  considera  tion  of 


PUBLIC  DOCUMENTS. 


[85 


the  provbibns  contained  in  the 
several  articles  of  this  Treaty, 
the  Choctaw  nation  of  Indians 
consent  and  hereby  cede  to  the 
United  States,  the  entire  country 
they  own  and  possess,  east  of  the 
Mississippi  River ;  and  they  agree 
to  remove  beyond  the  Mississippi 
River,  early  as  practicable,  and 
will  so  arrange  their  removal,  that 
as  many  as  possible  of  their  people 
not  exceeding  one  half  of  the 
whole  rmmber,  sfhall  depart  during 
the  falls  of  1831  and  1832; 
the  residue  to  follow  during  the 
succeeding  fall  of  1833 ;  a  better 
opportunity  in  this  manner  will  be 
afforded  the  Government,  to  ex- 
tend to  them  the  facilities  and 
comforts  which  it  is  desirable 
should  be  extended  in  conveying 
them  to  their  new  homes. 

Art.  4.  The  Government 
and  people  of  the  United  States 
are  hereby  obliged  to  secure  to 
the  said  Choctaw  Nation  of  Red 
People  the  jurisdiction  and  gov- 
ernment, of  all  the  persons  and 
property  that  may  be  within  their 
limits  west,  so  that  no  Ten'itory 
or  State  shall  ever  have  a  right  to 
pass  laws  for  the  government  of 
the  Choctaw  Nation  of  Red  Peo- 
ple and  their  descendants ;  and 
that  no  part  of  the  land  granted 
them  shall  ever  be  embraced  in 
any  Territory  or  State  ;  but  the 
United  States  shall  forever  secure 
said  Choctaw  Nation  from,  and 
against,  all  laws  except  such  as 
from  time  to  time  may  be  enacted 
in  their  own  National  Councils, 
not  inconsistent  with  the  Consti- 
tution, Treaties,  and  Laws  of 
the  United  States  ;  and  except 
such  as  may,  and  which  have 
been  enacted  by  Congress,  to  the 


extent  that  Congress  under  the 
Constitution  are  required  to  exer- 
cise a  legation  over  Indian  Af- 
fairs. But  the  Choctaws,  should 
this  Treaty  be  ratified,  express  a 
wish  that  Congress  may  grant  to 
theChoctaws  the  right  of  punishing 
by  their  own  laws,  any  white  man 
who  shall  come  into  their  nation, 
and  infringe  any  of  their  national 
regulations. 

Art.  5.  The  United  States 
are  obliged  to  protect  the  Choc- 
taws from  domestic  strife  and 
from  foreign  enemies  on  the  same . 
principles  that  the  citizens  of  the 
United  States  are  protected,  so 
that  whatever  would  be  a  legal 
demand  upon  the  United  States, 
for  defence  or  for  wrongs  com- 
mitted by  an  enemy,  on  a  citi- 
zen of  the  United  States,  shall 
be  equally  binding  in  favor  6f 
the  ChoctaWs,  and  in  all  cases 
where  the  Choctaws  shall  be 
called  upon  by  a  legally  au- 
thorized officer  of  the  United 
States  to  fight  an  enemy,  such 
Choctaw  shall  receive  the  pay  and 
other  emoluments,  which  citizens 
of  the  United  States  receive  in 
such  cases,  provided,  no  war  shall 
be  undertaken  or  prosecuted  by 
said  Choctaw  Nation  but  by  de- 
claration made  in  full  Council, 
and  to  be  approved  by  the  United 
States,  unless  it  be  in  self  defence 
against  an  open  rebellion  or  against 
an  enemy  marching  into  their 
country,  in  which  cases  they  shall 
defend,  until  the  United  States 
are  advised  thereof. 

Art.  6.  Should  a  Choctaw 
or  any  party  of  Choctaws  commit 
acts  of  violence  upon  the  person 
or  property  of  a  citizen  of  the 
United  States,   or  join  any  war 


86] 


ANNUAL  REGISTER,  1830—31. 


party  against  any  neighboring  tribe 
of  Indians,  without  the  authority 
in  the  preceding  article  ;  and  ex- 
cept to  oppose  an  actual  or  threat- 
ened invasion  or  rebellion,  such 
person  so  offending  shall  be  de- 
livered to  an  officer  of  the  United 
States,  if  in  the  power  of  the 
Choctaw  Nation,  that  such  offen- 
der may  be  punished  as  may  be 
provided  in  such  cases,  by  the 
laws  of  the  United  States ;  but 
if  such  offender  is  not  within  the 
control  of  the  Choctaw  Nation, 
then  said  Choctaw  Nation  shall 
not  be  held  responsible  for  the 
injury  done  by  said  offender. 

Art.  7.  All  acts  of  vio- 
lence committed  upon  persons 
and  property  of  the  people  of 
the  Choctaw  Nation  either  by 
citizens  of  the  United  States  or 
neighboring  Tribes  of  Red  Peo- 
ple, shall  be  referred  to  some  au- 
thorized Agent  by  him  to  be  re- 
ferred to  the  President  of  the 
United  States  who  shall  examine 
into  such  cases  and  see  that  every 
possible  degree  of  justice  is  done 
to  said  Indian  party  of  the  Choc- 
taw Nation. 

Art.  8.  Offenders  against 
the  laws  of  the  United  States,  or 
any  individual  State  shall  be  ap- 
prehended and  delivered  to  any 
duly  authorized  person  where 
such  offender  may  be  found  in 
the  Choctaw  country,  having  fled 
from  any  part  of  the  United  States ; 
but  in  all  such  cases  applications 
must  be  made  to  the  Agents  or 
Chiefs,  and  the  expense  of  his 
apprehension  and  delivery  pro- 
vided for  and  paid  by  the  Unit- 
ed States. 

Art.  9.  Any  citizen  of  the 
United  States   who  may  be  or- 


dered from  the  Nation  by  the 
Agent  and  constituted  authorities 
of  the  Nation,  and  refusing  to 
obey  or  return  into  the  Nation 
without  the  consent  of  the  afore- 
said persons,  shall  be  subject  to 
such  pains  and  penalties  as  may 
be  provided  by  the  laws  of  the 
United  States  in  such  cases.  Cit- 
izens of  the  United  States  travel- 
ling peaceably  under  the  author- 
ity of  the  laws  of  the  United 
States  shall  be  under  the  care 
and  protection  of  the  nation. 

Art.  10.  No  person  shall 
expose  goods  or  other  article  for 
sale  as  a  trader,  without  a  written 
permit  from  the  Constituted  au- 
thorities of  the  Nation,  or  author- 
ity of  the  laws  of  the  Congress 
of  the  United  States  under  pen- 
alty of  forfeiting  the  Articles,  and 
the  constituted  authorities  of  the 
Nation  shall  grant  no  license  ex- 
cept to  such  persons  as  reside  in 
the  Nation  and  are  answerable  to 
the  laws  of  the  Nation.  The 
United  States  shall  be  particularly 
obliged  to  assist  to  prevent  ardent 
spirits  from  being  introduced  into 
the  Nation. 

Art.  11.  Navigable  streams 
shall  be  free  to  the  Choctaws  who 
shall  pay  no  higher  toll  or  duty 
than  citizens  of  the  United  States. 
It  is  agreed  further  that  the  Unit- 
ed States  shall  establish  one  or 
more  Post  Offices  in  said  Na- 
tion, and  may  establish  such  mili- 
tary post  roads,  and  posts,  as  they 
may  consider  necessary. 

Art.  12.  All  intruders  shall 
be  removed  from  the  Choctaw 
Nation  and  kept  without  it.  Pri- 
vate property  to  be  always  res- 
pected and  on  no  occasion  taken 
lor  public  purposes  without  just 


PtfBLIC  DOCUMENTS. 


[87 


compensation  being  made  there- 
for to  the  rightful  owner.  If  an 
Indian  unlawfully  take  or  steal 
any  property  from  a  white  man  a 
citizen  of  the  United  States,  the 
offender  shall  be  punished.  And 
if  a  white  man  unlawfully  take  or 
steal  any  thing  from  an  Indian, 
the  property  shall  be  restored  and 
the  offender  punished.  It  is  fur- 
ther agreed  that  when  a  Choctaw 
shall  be  given  up  to  be  tried  for 
any  offence  against  the  laws  of 
the  United  States,  if  unable  to 
employ  counsel  to  defend  him, 
the  United  States  will  do  it,  that 
his  trial  may  be  fair  and  impar- 
tial. 

Art.  13.  It  is  consented 
that  a  qualified  Agent  shall  be 
appointed  for  the  Choctaws  every 
four  years,  unless  sooner  removed 
by  the  President;  and  he  shall 
be  removed  on  petition  of  the 
constituted  authorities  of  the  Na- 
tion, the  President  being  satisfied 
there  is  sufficient  cause  shown. 
The  Agent  shall  fix  his  residence 
convenient  to  the  great  body  of 
the  people ;  and  in  the  selection 
of  an  Agent  immediately  after  the 
ratification  of  this  Treaty,  the 
wishes  of  the  Choctaw  Nation  on 
the  subject  shall  be  entitled  to 
great  respect. 

Art.  14.  Each  Choctaw 
head  of  a  family  being  desirous 
to  remain  and  become  a  citizen 
of  the  States,  shall  be  permitted 
to  do  so,  by  signifying  his  inten- 
tion to  the  Agent  within  six  months 
from  the  ratification  of  this  Treaty, 
and  he  or  she  shall  thereupon  be 
entitled  to  a  reservation  of  one 
section  of  six  hundred  and  forty 
acres  of  land,  to  be  bounded  by 
sectional  lines  of  survey ;  in  like 


manner  shall  be  entitled  to  one 
half  that  quantity  for  each  unmar- 
ried child  which  is  living  with  him 
over  ten  years  of  age  ;  and  a 
quarter  section  to  such  child  as 
may  be  under  ten  years  of  age,  to 
adjoin  the  location  of  the  parent. 
If  they  reside  upon  said  lands, 
intending  to  become  citizens  of 
the  States,  for  five  years  after  the 
ratification  of  this  Treaty,  in  that 
case  a  grant  in  fee  simple  shall 
issue;  said  reservation  shall  in- 
clude the  present  improvement, 
of  the  head  of  the  family,  or  a 
portion  of  it.  Persons  who  claim 
under  this  article  shall  not  lose  the 
privilege  of  a  Choctaw  citizen, 
but  if  they  ever  remove  are  not 
to  be  entitled  to  any  portion  of  the 
Choctaw  annuity. 

Art.  15.  To  each  of  the 
Chiefs  in  the  Choctaw  Nation 
(to  wit)  Greenwood,  Laflore, 
Nutackachie,  and  Mushulatubbe 
there  is  granted  a  reservation  of 
four  sections  of  land,  two  of  which 
shall  include  and  adjoin  their 
present  improvement,  and  the 
other  two  located  where  they 
please  but  on  unoccupied  unim- 
proved lands,  such  sections  shall 
be  bounded  by  sectional  lines, 
and  with  the  consent  of  the  Pres- 
ident they  may  sell  the  same. 
Also  to  the  three  principal  Chiefs 
and  to  their  successors  in  office 
there  shall  be  paid  two  hundred 
and  fifiy  dollars  annually  while 
they  shall  continue  in  their  re- 
spective offices,  except  to  Mush- 
ulatubbe who  as  he  has  an  annuity 
of  one  hundred  and  fifty  dollars 
for  life  under  a  former  treaty,  shall 
receive  only  the  additional  sum 
of  one  hundred  dollars,  while  he 
shall  continue  in  office  as  Chief; 


88] 


ANNUAL  REGISTER,  1830—31. 


and  if  in  addition  to  this  the  Na- 
tion shall  think  proper  to  elect  an 
additional  principal  Chief  of  the 
whole,  to  superintend  and  govern 
upon  republican  principles,  he  shall 
receive  annually  for  his  services 
five  hundred  dollars,  which  allow- 
ance to  the  Chiefs  and  their  suc- 
cessors in  office,  shall  continue 
for  twenty  years.  At  any  time 
when  in  military  service,  and 
while  in  service  by  authority  of 
the  United  States,  the  district 
Chiefs  under  and  by  selection 
of  the  President  shall  be  entitled 
to  the  pay  of  Majors ;  the  other 
Chief  under  the  same  circum- 
stances shall  have  the  pay  of  a 
Lieutenant  Colonel.  The  Speak- 
ers of  the  three  districts,  shall 
receive  twentyfive  dollars  a  year 
for  four  years  each ;  and  the 
three  secretaries  one  to  each  of 
the  Chiefs,  fifty  dollars  each  for 
four  years.  Each  Captain  of  the 
Nation,  the  number  not  to  exceed 
ninetynine,  thirtythree  from  each 
district,  shall  be  furnished  upon 
removing  to  the  West,  with  each 
a  good  suit  of  clothes  and  a  broad 
sword  as  an  outfit,  and  for  four 
years  commencing  with  the  first 
of  their  removal,  shall  each  re- 
ceive fifty  dollars  a  year,  for  the 
trouble  of  keeping  their  people  at 
order  in  settling;  and  whenever 
they  shall  be  in  military  service 
by  authority  of  the  United  States 
shall  receive  the  pay  of  a  captain. 
Art.  16.  In  wagons,  and 
with  steam  boats,  as  may  be  found 
necessary — the  United  States 
agree  to  remove  the  Indians  to 
their  new  homes  at  their  expense 
and  under  the  care  of  discreet 
and  careful  persons,  who  will  be 
kind  and  brotherly  to  them.  They 


agree  to  furnish  them  with  ample 
corn  and  beef,  or  pork,  for  them- 
selves and  families  for  twelve 
months  after  reaching  their  new 
homes. 

It  is  agreed  further  that  the 
United  States  will  take  all  their 
catde,  at  the  valuation  of  some 
discreet  person  to  be  appointed 
by  the  President,  and  the  same 
shall  be  paid  for  in  money  after 
their  arrival  at  their  new  homes ; 
or  other  cattle  such  as  may  be 
desired  shall  be  furnished  them, 
notice  being  given  through  their 
Agent  of  their  wishes  upon  this 
subject  before  their  removal,  that 
time  to  supply  the  demand  may 
be  afforded. 

Akt.  17.  The  several  an- 
nuities and  sums  secured  under 
former  Treaties  to  the  Choctaw 
nation  and  people  shall  continue 
as  though  this  Treaty  had  never 
been  made. 

And  it  is  further  agreed  that 
the  United  States  in  addition. will, 
pay  the  sum  of  twenty  thousand 
dollars  for  twenty  years,  com- 
mencing after  their  removal  to 
the  west,  of  which,  in  the  first 
year  after  their  removal,  ten  thou- 
sand dollars  shall  be  divided  and 
arranged  to  such  as  may  not  re- 
ceive reservations  under  this 
Treaty. 

Art.  18.  The  United  States 
shall  cause  the  lands  hereby 
ceded  to  be  surveyed ;  and 
surveyors  may  enter  the  Choc- 
taw Country  for  that  purpose, 
conducting  themselves  properly 
and  disturbing  or  interrupting  none 
of  the  Choctaw  people.  But 
no  person  is  to  be  permitted  to 
settle  within  the  nation,  or  the 
lands  to  be  sold,  before  the  Choc- 


PUBLIC  DOCUMENTS. 


[8d 


taws  shall  remove.  And  for  the 
payment  of  the  several  amounts 
secured  in  this  Treaty,  the  lands 
hereby  ceded  are  to  remain  a 
fund  pledged  to  that  purpose,  un- 
til the  debt  shall  be  provided  for 
and  arranged.  And  further  it  is 
agreed,  that  in  the  construction 
of  this  Treaty  wherever  well 
founded  doubt  shall  arise,  it  shall 
be  construed  most  favorably  to- 
wards the  Choctaws. 

Art.  19.  The  following 
reservations  of  land  are  hereby 
admitted.  To  Colonel  David 
Fulsom  four  sections,  of  which 
two  shall  include  his  present  im- 
provement, and  two  may  be  lo- 
cated elsewhere,  on  unoccupied, 
unimproved  land. 

To  I.  Garland,  Colonel  Rob- 
ert Cole,  Tuppanahomer,  John 
Pytchlynn,  Charles  Juzan,  Jo- 
hoketubbe,  Eaychaobia,  Ofeho- 
ma,  two  sections  each,  to  include 
their  improvements,  and  to  be 
bounded  by  sectional  lines,  and 
the  same  may  be  disposed  of  and 
sold  with  the  consent  of  the  Pres- 
ident. And  that  others  not  pro- 
vided for,  may  be  provided  for, 
there  shall  be  reserved  as  follows  : 

First.  One  section  to  each 
head  of  a  family,  not  exceeding 
forty  in  number,  who  during  the 
present  year,  may  have  had  in 
actual  cultivation,  with  a  dwel- 
ling house  thereon,  fifty  acres  or 
more.  Secondly,  three  quarter 
sections  after  the  manner  afore- 
said to  each  head  of  a  family, 
not  exceeding  four  hundred  and 
sixty,  as  shall  have  cultivated 
thirty  acres  and  less  than  fifty, 
to  be  bounded  by  quarter  section 
lines  of  survey,  and  to  be  contig- 
uous and  adjoining. 
8* 


Third ;  One  half  section  as 
aforesaid  to  those  who  shall  have 
cultivated  from  twenty  to  thirty 
acres,  the  number  not  to  exceed 
four  hundred.  Fourth  ;  a  quar- 
ter section  as  aforesaid  to  such 
as  shall  have  cuhivated  from 
twelve  to  twenty  acres,  the  num- 
ber not  to  exceed  three  hundred 
and  fifty,  and  one  half  that  quan- 
tity to  such  as  shall  have  cultivat- 
ed from  two  to  twelve  acres,  the 
number  also  not  to  exceed  three 
hundred  and  fifty  persons.  Each 
of  said  class  of  cases  shall  be 
subject  to  the  limitations  contained 
in  the  first  class,  and  shall  be  so 
located  as  to  include  that  part  of 
the  improvement  which  contains 
the  dwelling  house.  If  a  greater 
number  shall  be  found  to  be  en- 
tided  to  reservations  under  the 
several  classes  of  this  article, 
than  is  stipulated  for  under  the 
limitation  prescribed,  then  and  in 
that  case  the  Chiefs  separately  or 
together  shall  determine  the  per- 
sons who  shall  be  excluded  in  the 
respective  districts. 

Fifth  ;  Any  Captain,  the  num- 
ber not  exceeding  ninety  persons, 
who  under  the  provisions  of  this 
article  shall  receive  less  than  a 
section,  he  shall  be  entitled,  to 
an  additional  quantity  of  half  a 
section  adjoining  to  his  other 
reservation.  The  several  reser- 
vations secured  under  this  article, 
may  be  sold  with  the  consent  of 
the  President  of  the  United  States, 
but  should  any  prefer  it,  or  omit 
to  take  a  reservation  for  the  quan- 
tity he  may  be  entided  to,  the 
United  States  will  on  his  remov- 
ing pay  fifty  cents  an  acre,  after 
reaching  their  new  homes,  provid- 
ed that  before  the  first  of  January 


90] 


ANNUAL  REGISTER,  1830—31. 


next  they  shall  adduce  to  the 
Agent,  or  some  other  authorized 
person  to  be  appointed,  proof  of 
his  claim  and  the  quantity  of  it. 
Sixth  ;  likewise  children  of  the 
Choctaw  Nation  residing  in  the 
Nation,  who  have  neither  father 
nor  mother,  a  list  of  which,  with 
satisfactory  proof  of  Parentage 
and  orphanage  being  filed  with 
the  Agent  in  six  months,  to  be  for- 
warded to  the  War  Department, 
shall  be  entitled  to  a  quarter 
section  of  Land,  to  be  located 
under  the  direction  of  the  Presi- 
dent, and  with  his  consent  the 
same  may  be  sold  and  the  pro- 
ceeds applied  to  some  beneficial 
purpose  for  the  benefit  of  said 
orphans. 

Art.  20.  The  United  States 
agree  and  stipulate  as  follows,  that 
for  the  benefit  and  advantage  of 
the  Choctaw  people,  and  to  im- 
prove their  condition,  there  shall 
be  educated  under  the  direction 
of  the  President  and  at  the  ex- 
pense of  the  United  States,  forty 
Choctaw  youths  for  twenty  years. 
This  number  shall  be  kept  at 
school,  and  as  they  finish  their 
education,  others  to  supply  their 
places  shall  be  received  for  the 
period  stated.  The  United  States 
also  agree  to  erect  a  Council 
House  for  the  Nation  at  some  con- 
venient central  point,  after  their 
people  shall  be  settled;  and  a 
House  for  each  Chief,  also  a 
Church  for  each  of  the  Three 
Districts,  to  be  used  also  as  school 
houses,until  the  Nation  may  con- 
clude to  build  others ;  and  for 
these  purposes  ten  thousand  dol- 
lars shall  be  appropriated  ;  also 
fifty  thousand  dollars  (viz)  twenty- 
five  hundred  dollars  annually  shall 


be  given  for  the  support  of  three 
teachers  of  schools  for  twenty 
years.  Likewise  there  shall  be 
furnished  to  the  Nation,  three 
Blacksmiths,  one  for  each  Dis- 
trict, for  sixteen  years,  and  a  qual- 
ified Mill  Wright  for  five  years. 
Also  there  shall  be  furnished  the 
following  articles,  twentyone  hun- 
dred blankets,  to  each  warrior 
who  emigrates,  a  rifle,  moulds, 
wipers  and  ammunition.  One 
thousand  axes,  ploughs,  hoes, 
wheels  and  cards  each  ;  and  four 
hundred  looms.  There  shall  also 
be  furnished  one  ton  of  iron  and 
two  hundred  weight  of  steel  an- 
nually to  each  District  for  six- 
teen years. 

Art.  21.  A  few  Choctaw 
Warriors  yet  survive  who  march- 
ed and  fought  in  the  Army  with 
General  Wayne,  the  whole  num- 
ber stated  not  to  exceed  twenty. 
These  it  is  agreed  shall  hereafter 
while  they  live  receive  twenty- 
five  dollars  a  year  ;  a  list  of  them 
to  be  early  as  practicable,  and 
within  six  months,  made  out  and 
presented  to  the  Agent  to  be  for- 
warded to  the  War  Department. 

Art.  22.  The  Chiefs  of 
the  Choctaws  have  suggested 
that  their  people  are  in  a  state  of 
rapid  advancement  in  education 
and  refinement,  and  have  express- 
ed a  solicitude  that  they  might 
have  the  privilege  of  a  Delegate 
on  the  floor  of  the  House  of  Rep- 
resentatives extended  to  them. 
The  Commissioners  do  not  feel, 
that  they  can  under  a  treaty  stip- 
ulation accede  to  the  request,  but 
at  their  desire,  present  it  in  the 
Treaty,  that  Congress  may  con- 
sider of  and  decide  the  application. 

Done  and  signed  and  executed 


PUBLIC  DOCUMENTS. 


[91 


by  the  Commissioners  of  the 
United  States  and  the  Chiefs, 
Captains,  and  Head  Men  of 
the  Choctaw  Nation,  at  Danc- 
ing Rabbit  Creek,  this  27th 
day  of  September,  Eighteen 
Hundred  and  Thirty. 
Certain   reservations   of   land 
were  made  for  individuals  of  the 
tribe  who  were  not  willing  to  re- 
move, and   the  treaty  was  then 
transmitted  to  the  Senate  for  its 
sanction.     In  that  body  a  resolu- 
tion was  made  to  strike   out  the 
preamble,  which   passed,   11    in 
favor  of  the   preamble   and   32 
against  it.     The  treaty  was  then 
sanctioned  by  the  Senate,  and  the 
President  ratified  it  in  the  follow- 
ing manner. 

Now,  therefore,  be  it  known, 
that  I,  Andrew  Jacksun,  Pres- 
ident of  the  United  States  of 
America,  having  seen  and  con- 
sidered said  Treaty,  do,  in  pur- 
suance  of  the  advice   and  con- 


sent of  the  Senate,  as  expressed 
by  their  Resolution  of  the  twenty- 
first  day  of  February,  One  Thou- 
sand Eight  Hundred  and  Thirty- 
one,  accept,  ratify  and  confirm 
the  same,  and  every  clause  and 
article  thereof,  with  the  excep*- 
tion  of  the  Preamble. 

In  testimony  whereof,  IhaVe' 
[l.s.]       caused  the  seal  of  the 
United     States   to    be 
hereunto   affixed,  hav- 
ing  signed   the    sanifeM 
with  my  hand. 
Done  at  the  City  of  Washing- 
ton, this  twentyfourth  day  of  Feb- 
ruary, in  the  year  of  our  Lord 
One    Thousand   Eight  Hundred 
and  Thirtyone,  and   of  the  In- 
dependence of  the  United  States, 
thefiftyfifth. 

Andrew  Jackson. 

Bt  THE  President: 

M.  Van  Buren, 

Secretary  of  States 


GEORGIA   AND   THE    INDIANS 


Executive  Department, 
MiHedgeville,  Nov.  20. 

I  transmit  to  both  Houses  of 
the  General  Assembly,  copies  of 
a  communication  received  from 
the  War  Department,  in  answer 
to  a  letter  requesting  of  the  Pres- 
ident the  withdrawal  of  the  United 
States  troops  from  the  territorry 
of  the  State  occupied  by  the 
Cherokees.  The  Legislature  will 
perceive  in  the  conduct  of  the 
President  in  this  matter,  as  well 
as  all  others,  the  disposition  to 


accord  to  Geore;ia  all  her  rights. 
The  removal  of  the  United  States 
troops  from  the  territory  occupied 
by  the  Cherokees,  creates  an  im- 
mediate and  pressing  necessity 
for  the  passage  of  such  laws  as 
may  effectually  restrain  all  per- 
sons from  entering  into  that  terri- 
tory, for  the  purpose  of  taking 
possession  of  the  public  lands,  or 
the  taking  valuable  minerals  there- 
from, without  license  from  the 
State. 

George  R.  Gilmer. 


92] 


ANNUAL  REGISTER,  1830—31. 


Executive  Department,  7 

Milledgeville,  Oct.  29, 1830.  5 

Sir  :  By  an  Act  of  the  Legis- 
lature of  Georgia,  passed  at  its 
last  session,  all  the  Cherokee  ter- 
ritory and  the  persons  occupying 
it,  were  subjected  to  the  ordinary 
jurisdiction  of  the  State,  after  the 
Isi  of  June,  then  next  ensuing. 
This  act  has  gone  into  operation. 
The  acknowledgment  of  the  Pres- 
ident of  the  right  of  the  State  to 
pass  such  an  act,  renders  it  unne- 
cessary to  say  any  thing  in  its  jus- 
tification.     The   object   of   this 
letter  is  to  request  the  President 
that  the  United  Slates  troops  may 
be   withdrawn   from   the   Indian 
teriitory  within   Georgia.      The 
enforcement    of    the    non-inter- 
course law  within  the  limits  of  the 
State,  is  considered   inconsistent 
with   the    rights    of  jurisdiction 
which  is  now  exercised  by  its  au- 
thorities, and  must,  if  continued, 
lead  to  difficuhies  between  the 
officers  of  the  United  States  and 
State  Governments,  which  it  is 
very  desirable  should  be  avoided. 
No  doubt  is  entertained  that  the 
object  of  the  President  in  order- 
ing the  United   States  troops  into 
the  Cherokee  territory,  was  the 
preservation  of  the  peace  of  the 
Union.     The  motive  is  duly  ap- 
preciated.     The  Legislature  is 
now  in  session.     The  special  ob- 
ject of  its  meeting  is  the  enforce- 
ment of  the  laws  of  the  State 
within  the  Cherokee  country,  and 
the  punishment  of  intrusion  into 
it  by  persons  searching  for  gold. 
Its  powers  are    amply  sufficient 
for  that  purpose.     As  it  is  ex- 
pected that  the  law  for  the  pun- 
ishment of  tresspassers  upon  the 
public  lands  will  go  into  operation 


within  a  few  days,  the  President 
is  therefore  requested  to  withdraw 
the  troops  as  soon  as  it  can  be 
conveniently   done.      The   con- 
duct of  Major  Wager  has  been 
severe  to  the  gold  diggers.     In 
some  instances  unoffending  citi- 
zens have  been  made  the  subject 
of  punishment,  in  violation  of  their 
rights,  and  the   authority  of  the 
State.      Complaints    have   been 
made  to  this  department,  and  re- 
dress asked  for.    The  removal  of 
the  troops  is  believed  to  be  the 
most  effectual  means  of  prevent- 
ing the  repetition  of  such  injuries. 
Information  has  also  been  receiv- 
ed at  this   department,  that  the 
digging  for  gold  is  still  carried  on 
in  various  parts  of  the  Cherokee 
territory,  and  that  the  extent  of 
country  containing   mines   is   so 
great,  that  it  is  wholly  impossible 
to  prevent  it  by  the  use  of  the 
military  alone.    It  is  said  that  the 
Indians  are  even  more  extensive- 
ly employed  in  taking  gold  than 
before  the  arrival  of  the  troops. 
The  fear  of  the  whites  had  re- 
strained them  previously. 

The  President  is  assured  that 
whatever  measures  may  be  adopt- 
ed by  the  State  of  Georgia  in  re- 
lation to  the  Cherokees,  the 
strongest  desire  will  be  felt  to 
make  them  accord  with  the  policy 
which  has  been  adopted  by  the 
present  Administration  of  the 
General  Government. 

Very  respectfully,  he. 
George  R.  Gilmer. 

To  the  President  of  the  United  States. 

War  Department,  } 

Washington,  Nov.  10, 1830.  > 

Sir:  The  President  has  re- 
ferred to  this  Department  your 


PUBLIC  DOCUMENTS. 


[93 


letter  of  29th  of  last  month,  ad- 
vising him  that  the  Act  of  the 
Legislature  of  Georgia,  passed  at 
its  last  session,  subjecting  all  the 
Cherokee  territory  and  the  per- 
sons occupying  it  to  the  ordinary 
jurisdiction  of  the  State,  has  gone 
into  operation ;  and  in  reply  I 
have  the  honor  to  inform  you  that 
previously  to  the  receipt  of  your 
letter  an  order  was  issued  to  Ma- 
jor Wager,  a  copy  of  which,  for 
your  information  and  satisfaction, 
is  here  enclosed.  By  it  you  will 
perceive  he  is  instructed,  as  the 
winter  is  approaching,  to  retire 
with  his  ti'oops  into  winter  quar- 
ters. It  is  expected  that  the 
emei'gency  which  induced  the 
troops  to  enter  the  Indian  country 
has  ceased. 

Your  excellency  entertains  a 
just  view  of  the  motives  which  led 
to  the  ordering  the  troops  into  the 
Cherokee  territory,  as  expressed 
in  your  communication.  It  is 
much  to  be  regretted  that  in  the 
execution  of  his  orders,  the  com- 
manding officer  should  have  found 
himself  constrained  to  resort  to 
measures  which  may  have  ope- 
rated hardly  upon  some  indivi- 
duals. 

The  President  is  happy  in  the 
assurance  which  your  Excellency 
is  pleased  to  give,  that  the  mea- 
sures which  the  State  of  Georgia 
may  adopt  in  relation  to  the  Cher- 
okees,  will  accord  with  the  policy 
which  has  been  adopted  by  the 
General  Government. 

Very  respectfully,  he. 

Jno.  H.  Eaton. 
His  Excellency  G.  R.  Gilmer. 


Head-Quarters  of  the  Army, 
Washington,  8th  of  Nov.  1830. 
To  Brevet  Major  P.  Wager,  4th  Regi- 
ment  Infantry,  commanding   troops 
in  the  Cherokee  Nation  : 

Sir  :   The  purposes  for  which 
the  troops  were  ordered  into  the 
Cherokee  nation  having  in  a  great 
measure  been  answered,  the  Se- 
cretary of  War  deems  it  advisable, 
upon  the  approach  of  winter,  that 
you  retire  to  some  position  where 
the  troops  can  be  comfortably  ac- 
commodated, and  where  they  will 
be  in  striking  distance  to  meet 
any  contingency  that  may  arise 
out  of  our  Indian  relations,  which 
cannot  at  this  time  be  perceived. 
It  is  hoped,  however,  that  no  cir- 
cumstance will  occur  which  will 
render  it  necessary  again  to  em- 
ploy the  troops  among  the  Ghero-- 
kees,  particularly  as  the  Legisla- 
ture of  Georgia,  now  in  session, 
will  doubtless  take  the  proper  and' 
lecessary  steps  to  preserve  trai*^' 
quillity  along  the  Indian  border. 
You  will,  therefore,  with^  the  dfeP 
tachment  of  the  4th  regiment  of 
the   infantry,    retire   upon    Fort 
Mitchell.    The  artillery,  with  the 
exception   of  Captain   Barden*s 
company,  now  at  Fort  Mitchell, 
will  retire  to  their  respective  sta'~ 
tions,  viz.  the  men  belonging  t6 
Lieutenant  Colonel  Fannin's  corn- 
pany  to  Augusta  arsenal ;  Cap^ 
tain  Legate's  company  to  Charles-i 
ton;  and  Captain  Taylor's  com- 
pany to   Savannah.      I  have  the 
honor  to  be,  &,c.  &c. 

A.  Macomb, 

Major  General  com-      > 
manding  the  Army.  J  ^ 


94] 


ANNUAL  REGISTER,  1830—31 


Report  of  the  Joint  Select  Committee  of  the  Senate  and  House  of 
Representatives  of  the  State  of  Maine,  in  relation  to  the  North- 
eastern Boundary  of  the  State. 


The  aforesaid  Joint  Select 
Committee  of  the  Senate  and 
House  of  Representatives  of  the 
State  of  Maine,  have  considered 
the  whole  suhject  submitted  to 
them  by  the  aforesaid  order,  to 
wit :  All  the  Governor's  message 
which  relates  to  the  Northeastern 
boundary. 

The  Committee  aforesaid  ask 
leave  to  observe,  they  are  unable 
to  perceive,  that  there  is  any  thing 
uncertain  in  our  claim,  arising  out 
of  any  obscurity  in  the  treaty  of 
1783,  or  any  ol  the  documentary 
evidence,  or  arguments  and  dis- 
cussions which  led  to  the  descrip- 
tion of  the  boundary  therein  con- 
tained ;  nor  are  they  informed 
that  the  Government  of  Great 
Britain,  or  any  of  their  negotia- 
tors, ever  claimed  the  northern 
part  of  this  State  as  a  right,  but 
requested  it  as  a  cession  ;  it  is 
therefore  concluded,  that  their 
strong  and  persevering  endeavors 
to  excite  doubts,  and  embarrass 
the  subject,  are  elicited  by  the 
zeal  of  their  essayists,  and  their 
subordinate  agents,  or  negotia- 
tors, who,  while  they  recommend 
themselves  to  the  mother  govern- 
ment, as  zealous,  loyal  subjects, 
and  faithful  agents,  are  disposed 
at  the  same  time  to  gratify  other 
feelings  arising  from  other  causes. 

Tliis  subject  has,  on  several 
occasions,  occupied  the  attention 
of  the  Government  of  this  State, 
and  has  been  the  subject  of  re- 
ports and  resolves,  and  all  may 
have  beerl  done  which  the  state 


of  knowledge  on  that  subject  ren- 
dered proper,  or  the  occasion  re- 
quired. The  subject  is  now,  from 
a  variety  of  considerations,  assum- 
ing a  more  interesting  character. 
Such  is  the  state  of  public  inquiry, 
that  it  may  be  expected  of  this 
Legislature  that  they  will  fairly 
and  candidly  spread  the  evidence 
of  tide,  and  the  subject  of  contro- 
versy, before  the  people,  to  the 
end  that  they  may  see,  examine, 
and  reason  for  themselves,  and 
form  their  own  conclusions.  This, 
however,  would  be  deemed  un- 
necessary, were  it  not  the  fact, 
that  what  is  said,  and  much  of 
the  documentary  evidence  touch- 
ing the  boundaries  of  the  prov- 
inces, prior  to  the  treaty  of  1783, 
is  in  the  hands,  and  within  the 
reach  of  very  few. 

With  a  view,  therefore,  of 
spreading  the  evidence  of  our 
title  fairly  ^before  the  people  of 
this  State,  and  by  the  same  means, 
before  the  people  of  the  United 
States  and  the  world,  it  is  pro- 
posed to  pursue,  generally,  the 
chronological  order  of  events  ; 
noticing,  particularly,  such  as  have 
any  direct  relation  to  the  subject, 
and  incidentally,  such  as  tend 
chiefly  to  show  the  connexion  be- 
tween them. 

The  discovery  of  America  pro- 
duced an  excitement  and  a  spirit 
of  maritime  enterprise  among  the 
nations  of  Europe.  Cabot  sailed 
in  1497,  under  the  orders  of 
Henry  VII.  of  England,  and  dis- 
covered Newfoundland  and  North 


PUBLIC  DOCUMENTS. 


[95 


America,  and  coasted  from  La- 
brador to  Florida.  The  spirit  of 
discovery  thus  early  excited  in 
England,  subsided,  and  was  not 
revived  for  many  years.  The 
French  prosecuted  voyages  of  dis- 
covery to  North  America,  and  as 
early  as  1535,  attempted  a  settle- 
ment on  the  St  Lawrence.  From 
this  period,  the  voyages  of  the 
Europeans  to  the  Northern  parts 
of  North  America,  were  princi- 
pally confined  to  the  fisheries, 
and  to  the  prosecution  of  a  trade 
in  furs  with  the  natives,  and  it 
was  not  until  1604,  that  any  set- 
tlement commenced  which  be- 
came permanent. 

In  1603,  Henry  Fourth  of 
France,  granted  to  De  Monts  all 
the  country  in  North  America, 
between  the  fortieth  and  forty- 
sixth  degrees  of  north  latitude, 
by  the  name  of  Acadie.  De 
Monts,  to  secure  to  himself  the 
benefits  of  his  grant,  with  Cham- 
plain  and  other  adventurers,  fitted 
out  vessels  and  sailed  for  America. 
They  first  touched  on  the  eastern 
coast  of  the  grant,  then  sailed 
round  Cape  Sable  to  the  bay  of 
Fundy,  touched  at  Port  Royal, 
now  Annapolis,  at  the  St  John, 
which  river  they  sailed  up  some 
distance,  and  thence  followed  the 
coast  to  the  mouth  of  a  river, 
which  they  afterwards  called  St 
Croix,  where,  upon  a  small  is- 
land, they  erected  houses  and 
defences,  and  established  them- 
selves for  the  winter.  In  the 
spring,  they,  for  some  cause,  de- 
termined on  quitting  the  island, 
and  took  what  they  could  of  the 
materials  of  the  buildings,  and 
moved,  and  established  them- 
selves at  Port  Royal,  where  they 


lived,  and  prosecuted  the  business 
of  their  settlement  for  several 
years. 

In  1607,  the  British  commenced 
a  settlement  in  Virginia,  which 
became  permanent.  As  early  as 
1613,  for  the  purpose  of  getting 
rid  of  their  neighbors,  who  might 
at  some  future  period  annoy  them, 
as  well  as  for  asserting  their  claim 
to  the  whole  country,  and  appro- 
priating it  to  themselves  or  the 
British  government,  they  fitted 
out  a  small  expedition  under  Sir 
Samuel  Argall,  to  dislodge  the 
French  in  Acadie.  Sir  Samuel 
dislodged  the  French  at  Mount 
Desert,  destroyed  all  which  De 
Monts  had  left  on  the  island  where 
he  first  wintered,  and  captured 
the  French  at  Port  Royal.  Some 
of  the  French  went  to  Canada, 
and  some  united  with  the  natives. 
The  expedition  was  attended  with 
no  important  result,  further  than  it 
probably  suggested  to  Sir  William 
Alexander,  the  idea  of  obtaining 
a  grant  of  the  country — and  there- 
fore after  companies  had  in  Eng- 
land obtained  grants  of  various 
parts  of  North  America,  to  which 
they  gave  their  favorite  names, 
such  as  Virginia  and  New-Eng- 
land, he  obtained  a  grant,  which, 
from  its  relative  situation  to  New- 
England,  or  to  perpetuate  the 
name  of  his  native  country,  he 
called  Nova  Scotia. 

The  grant  was  made  in  1621 
by  James  I.  and  contained  *  all 
the  lands  of  the  continent  from 
Cape  Sable,  thence  along  the 
coast  of  St  Mary's  Bay ;  thence 
across  the  bay  of  Fundy  to  the 
river  St  Croix,  to  its  remotest 
spring  head  ;  thence  by  an  ima- 
ginary line  northward  to  the  river 


96] 


ANNUiAL  REGISTER,  1830—31. 


St  Lawrence ;  thence  by  the 
shores  of  the  river  to  the  haven 
or  shore  commonly  called  Gaspe, 
and  thence  southward,'  &c.  Sir 
William  seems  to  have  engaged 
with  some  zeal,  and  incurred 
great  expense  in  fitting  out  two 
vessels  to  take  possession  of,  and 
settle  his  grant ;  but  all  his  efforts 
produced  little  or  no  effect,  and 
he  abandoned  it,  and  in  1630 
sold  a  part  or  all  of  his  grant  to 
La  Tour,  a  subject  of  France. 
In  the  year  1628  or  1629,  Canada 
and  Acadie  were  both  captured 
by  the  British,  and  were  restored 
in  1632  by  the  treaty  of  St  Ger- 
mains.  in  1652,  the  British  fitted 
out  an  expedition,  and  took  pos- 
session of  Penobscot,  St  John, 
Port  Royal,  and  several  other 
places.  In  1655,  a  treaty  of  com- 
merce was  entered  into  between 
the  French  and  British,  and  the 
question  of  title  to  Acadie  was 
referred  to  commissioners. 

In  1663,  Charles  II.  granted 
\  to  his  brother  the  Duke  of  York, 
the  country  called  the  Duke  of 
York's  territory,  next  adjoining 
New  Scodand,  and  extending 
from  the  river  St  Croix  to  Pema- 
quid,  and  up  the  river  thereof  to 
the  furthest  head  of  the  same  as 
it  tendeth  northward ;  and  extend- 
ing thence  to  the  river  Kirnbe- 
quin,  and  upwards  by  the  shortest 
course  to  the  river  of  Canada 
northward. 

In  1667,  by  the  treaty  of  Bre- 
da, Acadie  was  again  restored  to 
France.  In  1689,  another  war 
broke  out,  and  the  following  year 
Sir  William  Phipps  conquered 
Port  Royal,  and  other  French 
ports  in  Acadie. 

Oct.  7,  1691,  by  the  charter 


of  William  and  Mary,  the  real 
provmce  of  Massachusetts  Bay 
was  erected,  consisting  of  the  for- 
mer provinces  of  Massachusetts 
Bay,  New  Plymouth,  Nova  Sco- 
tia, District  of  Maine,  and  all  the 
territory  between  Nova  Scotia  and 
the  District  of  Maine  and  the 
river  ^agadahock,  and  every  part 
thereof,  and  the  St  Lawrence  or 
great  river  of  Canada.  It  will  at 
once  be  perceived,  that  the  pro- 
vince of  Massachusetts  Bay  was, 
in  the  northern  part,  bounded  west 
by  a  line  drawn  north  from  the 
westernmost  head  of  the  waters 
of  the  Sagadahock,  to  the  river 
St  Lawrence,  north  by  the  river 
St  Lawrence,  east  and  south  by 
the  Atlantic  Ocean.  The  charter 
contained  a  limitation  in  the  exer- 
cise of  the  granting  power,  as  to 
all  the  tract  of  country  lying  be- 
yond the  Sagadahock,  but  it  con- 
tained no  other  limitations  to  its 
exercise  of  sovereign  power, 
which  were  not  contained  in  all 
other  charters  granting  powers 
of,  or  establishing  governments. 
Massachusetts  exercised  some 
acts  of  jurisdiction  over  Nova 
Scotia,  appointed  some  civil  and 
other  officers  ;  but  it  being  so 
distant,  and  she  having  so  many 
other  posts,  and  such  extent  of 
other  frontier  to  defend,  and  the 
expense  being  so  great,  which 
she  must  incur  for  her  protection 
against  the  assaults  of  the  French 
and  natives,  that  she  was  not  so- 
licitous to  retain  it,  and  in  the 
course  of  a  few  years  gave  it  up, 
and  the  British  Government  made 
it  a  separate  province. 

In  1 697,  by  the  treaty  of  Rys- 
wick,  Acadie  was  again  restored 
to  the  French.  In  1702,  war  was 


PUBLIC  DOCUMENTS. 


[97 


again  declared  between  France 
and  Great  Britain,  and  Acadie 
in  the  course  of  the  war  was  again 
captured  by  the  British,  and  was, 
in  1713,  by  the  treaty  of  Utrecht, 
ceded  by  the  French  to  the  Brit- 
ish by  the  description  o(  Nova 
Scotia,  otherwise  called  Acadie, 
according  to  its  ancient  limits, 
with  some  reservations  of  islands, 
such  as  Cape  Breton  and  the 
islands  in  the  St  Lawrence  which 
were  not  ceded.  For  many  years 
Nova  Scotia  or  Acadie  thus  ced- 
ed, seems  not  to  have  engaged 
much  of  the  attention  of  the  British 
Government.  They  did,  in  1719, 
appoint  Richard  Phillips,  gover- 
nor, who,  for  want  of  subjects, 
had  to  select  his  council  from  his 
garrison.  The  French  inhabit- 
ants lived  in  a  state  of  independ- 
ence, without  acknowledging  the 
right  or  authority  of  the  British 
Colonial  Government;  and  the 
object  of  the  British  seems  to 
have  been,  to  keep  possession  of 
the  country,  to  the  end  that  they 
might  hold  it,  and  extinguish  the 
claim  of  France.  By  the  treaty 
of  Ais  la  Chapelle,  in  1745,  com- 
missioners were  provided  to  be 
appointed,  to  settle  the  boundaries 
of  Nova  Scotia  or  Acadie,  as 
ceded  by  the  treaty  of  Utrecht ; 
about  the  limits  of  which  the  Brit- 
i<jh  and  French  could  not  agree. 
Colonel  Cornwallis  was  made 
governor  of  Nova  Scotia  or  Aca- 
die, in  1749,  and  came  with  sol- 
diers of  the  late  army  and  others, 
between  three  and  four  thousand, 
and  setded  and  built  tlie  town  of 
Halifax. 

Commissioners  provided  to  be 
appointed  by  the  treaty  of  Aix  la 
Chapelle,  were  aj)pointedin  1750, 
0 


and  began  and  continued  their 
discussions  for  some  years,  the 
British  contending  for,  and  endea- 
voring to  maintain,  one  construc- 
tion of  the  treaty  of  Utrecht,  and 
the  French  another  construction. 
The  discussions  were  broken  off 
by  the  war  of  1756.  The  treaty 
of  Paris  of  February  10,  1763, 
which  terminated  the  war  of 
1756,  ceded  both  Canada  and 
Nova  Scotia  to  the  British  in  full 
sovereignty.  At  this  time  the 
power  of  the  French  became  ex- 
tinct, and  they  never  made  any 
subsequent  effort  to  regain  it. 
Until  this  period,  although  with 
the  British,  Nova  Scotia  had  been 
the  subject  of  grants,  of  conquests, 
and  cessions,  they  always  recog- 
nized the  St  Lawrence  as  its 
northern  boundary,  never  extend- 
ing their  claim  beyond,  or  stop- 
ping short  of  it.  When  Canada 
became  a  territory  of  Great  Brit- 
ain, it  became  necessary  for  her 
to  establish  a  government  for  it, 
and  the  king,  for  that  purpose,  by 
his  proclamation  of  the  7th  of 
October,  1 763,  among  other  gov- 
ernments, established  the  govern- 
ment of  Quebec,  bounded  as  fol- 
lows :  '  On  the  Labrador  coast 
by  the  river  St  John,  and  from 
thence,  by  a  line  drawn  from  the 
head  of  that  river,  through  the 
lake  St  John,  to  the  south  end 
of  Lake  Nipissim,  from  whence 
the  said  line,  crossing  the  river 
St  Lawrence  and  the  lake  Cham- 
plain,  in  forty  five  degrees  of  North 
latitude,  passes  along  the  high 
lands  which  divide  the  rivers  that 
empty  themselves  into  the  said  riv- 
er St  Lawrence  from  those  which 
fall  into  the  sea,  and  also  along 
the  north  coast  of  the  bay  de.s 


98] 


ANNUAL  REGISTER,  1830—31. 


Chaleurs,  and  the  coast  of  the 
gulf  of  St  Lawrence  to  Cape 
Hosiers,  and  from  thence  crossing 
the  mouth  of  the  river  St  Law- 
rence, by  tlie  west  end  of  the 
island  Anticosti,  terminates  at  the 
aforesaid  river  St  John.' 

From  this  description  it  is  evi- 
dent that  it  was  the  intention  of 
the  crown,  in  estabhshing  the 
province  of  Quebec,  to  embrace 
within  its  territory,  after  passing 
Lake  Champlain,  the  sources  of 
all  the  streams  which  flowed  into 
the  St  Lawrence,  and  for  that 
purpose  the  most  fit  and  appro- 
priate words  are  adopted.  It  can- 
not be  supposed  that  it  was  in- 
tended, by  this  description,  that 
the  line,  as  it  run  eastward  from 
Lake  Champlain,  was  to  pursue 
a  range  of  mountains,  or  to  run 
from  peak  to  peak  of  the  highest 
mountains  between  the  river  St 
Lawrence  on  the  one  hand,  and 
the  Atlantic  Ocean  on  the  other. 
The  line  was  the  high  lands. 
What  high  lands  ?  The  high  lands 
which  divide  the  waters ;  any 
land,  therefore,  of  any  elevation, 
whether  plains  or  mountains,  hills 
or  dales,  which  are  at  the  somxes 
of  the  respective  rivers,  flowing 
into  the  St  Lawrence  and  the 
sea,  are  the  high  lands  by  the 
proclamation  intended,  and  the 
most  apt  words  are  used  to  de- 
scribe them.  This  line  leaves 
all  the  waters  of  the  Connecticut, 
Androscoggin,  Kennebec,  Penob- 
scot, St  John,  and  Ristigouche, 
falling  into  the  sea,  on  one  hand, 
and  the  streams  flowing  into  the 
lake  Memphremagog,  and  through 
it  into  the  river  St  Lawrence,  the 
Chaudierre,  the  Quelle,  Green, 
Metis,    and    many   other   rivers 


falling  into  the  river  St  Law- 
rence, on  the  other.  The  line, 
it  will  be  observed,  pursues  the 
northern  coast  of  the  bay  of  Cha- 
leurs, and  not  the  middle  of  the 
bay;  there  cannot  be  any  pre- 
tence, therefore,  that  the  river 
Ristigouche  was,  within  the  mean- 
ing of  this  proclamation,  a  river 
flowing  into  the  St  Lawrence, 
but,  on  the  contrary,  it  is  clearly 
a  river  falling  into  the  Adantic 
Ocean. 

Prior  to  this  proclamation,  the 
provinces  of  Massachusetts  Bay 
and  Nova  Scotia  were  bounded 
north  by  the  river  St  Lawrence ; 
the  proclamation  varied  the  boun- 
dary by, transferring  it  from  the 
shores  of  the  river  St  Lawrence 
to  the  sources  of  the  rivers  which 
emptied  themselves  into  it ;  and 
the  aforesaid  provinces  were  then 
bounded  north  by  the  same  line, 
to  wit :  the  range  of  land,  be 
what  it  might,  high  or  low,  in 
which  the  rivers  respectively  had 
their  sources,  leaving  the  rivers 
St  John  and  Restigouche  partly 
in  the  province  of  Massachusetts 
Bay,  and  partly  in  the  province  of 
Nova  Scotia,  the  sources  being 
In  the  former,  and  the  mouths  in 
the  latter  province.  This  line 
has  not  since  been  altered,  ex- 
cept between  Lake  Champlain 
and  Connecticut  river,  where,  in- 
stead of  pursuing  the  high  lands, 
it  was  fixed  to  the  parallel  of 
fortyfive  degrees  of  north  latitude. 

The  line  thus  established  by 
proclamation,  has  often  since,  by 
the  acts  of  the  Crown  and  Par- 
liament of  Great  Britain,  been 
recognised.  October,  1763,  in 
the  commission  to  Montague  Wil- 
mot,  revoking  the  commission  to 


PUBLIC  DOCUMENTS. 


L99 


a  former  governor,  and  constitut- 
ing him  to  be  Captain  General 
and  Commander-in-Chief  of  the 
Province  of  Nova  Scotia,  is  the 
following  description  of  bounda- 
ry :  '  Bounded  on  the  westward 
by  a  line  drawn  from  Cape  Sable 
across  the  entrance  of  the  Bay  of 
Fundy,  to  the  month  of  the  river 
St  Croix,  by  the  said  river  to  its 
source,  and  by  a  line  drawn 
north  from  thence  to  the  southern 
boundary  of  our  Colony  of  (Que- 
bec ;  to  the  northivard  by  the  said 
boundary,  as  far  as  the  western 
extremity  of  the  bay  des  Cha- 
leurs,  SfcJ 

In  the  commission  to  William 
Campbell,  in  1767,  there  is  the 
same  description  of  boundaries  of 
the  province  of  Nova  Scotia,  and 
the  same  are  again  repeated  in 
the  commission  to  Francis  Legge 
in  1771.  The  proclamation  of 
1 763  was  further  recognized  and 
confirmed  by  the  act  of  Parlia- 
ment of  the  1 4th  of  George  HI. 
by  which  it  is  enacted,  *  that  all 
the  territories,  islands,  and  coun- 
tries in  North  America,  belonging 
to, the  crown  of  Great  Britain, 
bounded  on  the  south  by  a  line 
from  the  bay  of  Chaleurs,  along 
the  highlands  which  divide  the 
rivers  that  empty  themselves  into 
the  St  Lawrence,  from  those 
which  fall  into  the  sea,  to  a  point 
in  fortyfive  degrees  of  northern 
latitude,  on  the  eastern  bank  of 
Connecticut  river.'  The  limits 
of  the  several  provinces  were  the 
same  at  the  time  of  concluding 
the  treaty  of  1783. 

The  question  may  well  'he  ask- 
ed, Where  was  the  north-west 
angle  of  Nova  Scotia,  and  th^ 
north-east  angle  of  the  province 


of  Massachusetts  Bay,  before  the 
treaty  ?  Had  Nova  Scotia  two 
north-west  angles  ?  It  has  already 
been  shown  by  the  charter  to  Sir 
William  Alexander,  that  the  north- 
west angle  of  his  grant  was  on  the 
shore  of  the  river  St  Lawrence, 
and  although,  by  the  charter  of 
William  and  Mary,  in  1691,  it 
became  a  part  of  the  province  of 
Massachusetts  Bay,  when  it  was 
afterwards  separated  from  it,  its 
boundaries  were  the  same  as  be- 
fore, and  its  north-west  angle  still 
on  the  shores  of  the  St  Lawrence. 
Here  the  angle  remained  fixed 
and  stationary  until  1763,  when 
the  boundaries  were  transferred 
from  the  shore  to  the  land  from 
which  the  streams  falling  into  the 
river  St  Lawrence  flowed  had 
their  source.  Nova  Scotia  had, 
therefore,  but  one  north-west  an- 
gle. Here  the  line  became  fixed 
and  permanent,  and  on  this  line, 
and  to  the  northward  of  the  heads 
of  all  the  streams  which  did  not 
flow  into  the  river  St  Lawrence, 
was  the  north-west  angle  of  Nova 
Scotia. 

When  the  boundaries  between 
the  provinces  of  Quebec  and 
Massachusetts  Bay  were  thus 
clearly  defined,  and  limited  to 
that  range  of  land  in  which  the 
streams  falling  into  the  St  Lavy- 
rence  at  the  northward,  and  the 
St  John  at  the  southward,  and 
continued  easterly  to  the  head  of 
the  Bay  of  Chaleurs,  and  south- 
westwardly  to  the  head  of  Con- 
necticut river;  and  when  the 
boundary  between  the  provinces 
of  Nova  Scotia  and  Massachu- 
setts Bay  were  thus  clearly  de- 
nned and  limited  to  the  river  St 
Croix,   and   a  line   drawn  north 


100] 


ANNUAL  REGISTER,  1830—31. 


from  it  to  the  aforesaid  range  of 
land,  the  boundary  of  the  govern- 
ment of  Quebec  ;  the  repeated 
acts  of  arbitrary  power  exercised 
by  Great  Britain  towards  the  pro- 
vinces comprising  the  thirteen 
United  States,  caused  them  to 
assert  their  rights ;  they  main- 
tained them  successfully  ;  and  to 
terminate  the  unprofitable  strug- 
gle, Great  Britain  acknowledged 
their  existence  as  an  independent 
nation.  When  their  existence  as 
an  independent  nation  was  thus  se- 
cured, it  became  necessary  for  the 
two  nations,  to  prevent  new  and 
unprofitable  contests,  to  fix  and  es- 
tablish boundaries  between  them- 
selves. This  was  first  done  in 
the  provisional  articles  of  peace, 
concluded  at  Paris,  November  30, 
1782,  and  by  the  provisions  of 
that  instrument,  were  incorporated 
into  and  became  a  part  of  the  de- 
finitive treaty  of  peace  concluded 
at  Paris,  September  3d,  1783. 

The  acknowledgment  of  inde- 
pendence, and  the  boundaries  es- 
tablished, are  described  as  follows 
to  wit : 

*  Article  1st.  His  Britannic  Ma- 
jesty acknowledges  the  said  Unit- 
ed States,  to  wit :  New  Hamp- 
shire, Massachusetts,  Rhode  Is- 
land and  Providence  Plantations, 
Connecticut,  New  York,  New 
Jersey,  Pennsylvania,  Delaware, 
Maryland,  Virginia,  North  Caro- 
lina, South  Carolina,  and  Geor- 
gia, to  be  Iree,  sovereign,  and  in- 
dependent States ;  and  that  he 
treats  with  them  as  such;  and  for 
himself,  his  heirs,  and  successors, 
relinquishes  all  claims  to  the  gov- 
ernment, propriety,  and  territorial 
rights  of  the  same  and  every  part 
thereof.      And  that  all  disputes 


which  might  arise  in  future  on  the 
subject  of  the  boundaries  of  the 
said  United  States  may  be  pre- 
vented, it  is  hereby  agreed  and 
declared  that  the  following  are 
and  shall  be  their  boundaries,  to 
wit : 

'  Art.  2.  From  the  north-ivest 
angle  of  Nova  Scotia,  to  wit, 
that  angle  which  is  formed  by  a 
line  drawn  due  north  from  the 
source  of  the  St  Croix  river  to 
the  highlands,  along  the  said 
highlands  which  divide  those  riv- 
ers that  empty  themselves  into  the 
St  Lawrence  from  those  ivhich 
fall  into  the  Atlantic  Ocean,  to 
the  northwesternmost  head  of 
Connecticut  river,  thence  down 
along  the  middle  of  that  river  to 
the  forty -fifth  degree  of  north  lati- 
tude ;  from  thence  by  a  line  due 
west  on  said  latitude  until  it  strikes 
the  river  Iroquois  or  Cataraguy  ; 
thence  along  the  middle  of  said 
river  into  Lake  Ontario,  through 
the  middle  of  said  lake,  until  it 
strikes  the  communication  by  wa- 
ter between  that  lake  and  Lake 
Erie  ;  thence  along  the  middle  of 
said  communication  into  Lake 
Erie,  through  the  middle  of  said 
lake,  until  it  arrives  at  the  water 
communication  between  that  lake 
and  Huron ;  thence  along  the 
middle  of  said  water  communica- 
tion between  that  lake  and  Lake 
Superior  ;  thence  tlirouti^h  Lake 
Superior,  northward  of  the  isles 
Royal  and  Philipeaux,  to  the 
Long  Lake  ;  thence  through  the 
middle  of  said  Long  Lake,  and 
the  communication  between  it  and 
the  Lake  of  the  Woods,  to  the 
said  Lake  of  the  Woods  ;  thence 
through  said  lake  to  the  most 
northwestern  point  thereof;   and 


PUBLIC  DOCUMENTS. 


[101 


from  thence  on  a  due  west  course 
to  the  river  Mississippi ;  thence 
by  a  line  to  be  drawn  along  the 
middle  of  the  said  river  Missis- 
sippi, until  it  shall  intersect  the 
northernmost  part  of  the  thirtyfirst 
degree  of  north  latitude.  South 
by  a  line  to  be  drawn  due  east 
from  the  termination  of  the  line 
last  mentioned,  in  the  latitude  of 
thirtyone  degrees  north  of  the 
equator,  to  the  middle  of  the 
river  Apalachicola  or  Catahou- 
che ;  thence  along  the  middle 
thereof  to  its  junction  with  the 
Flint  river  ;  thence  straight  to  the 
head  of  St  Mary's  river  ;  thence 
down  along  the  middle  of  St 
Mary's  river  to  the  Atlantic  Ocean. 
East^  by  a  line  to  be  drawn  along 
the  middle  of  the  river  St  Croix, 
from  its  mouth  in  the  bay  of  Fun- 
da  to  its  source  ;  and  from  its 
source  directly  north,  to  the  afore- 
said high  lands,  which  divide  the 
rivers  that  fall  into  the  Atlantic 
Ocean  from  those  which  fall  into 
the  river  St  Lawrence,  compre- 
hending all  islands  wilhin  twenty 
leagues  of  any  part  of  the  shores 
of  the  United  States,  and  lying 
between  the  lines  to  be  drawn  due 
east  from  the  points  where  the 
aforesaid  boundaries  between  No- 
va Scotia  on  the  one  part,  and 
East  Florida  on  the  other,  shall 
respectively  touch  the  bay  of 
Fundy,  and  the  Atlantic  Ocean, 
excepting  such  islands  as  now  are, 
or  heretofore  have  been,  within 
the  limits  of  the  said  province  of 
Nova  Scotia.' 

The  first  article  describes  by 
name,  the  several  States  compos- 
ing the  United  States,  and  had 
the  treaty  stopped  here  without 
describing  their  boundaries  more 
9* 


minutely,  there  could  have  been 
no  doubt  but  that  all  the  territory 
embraced  within  the  charter  lim- 
its, or  within  the  jurisdiction  of 
Massachusetts  Bay,  passed  by 
that  description.  Here,  from  the 
use  of  the  term  Massachusetts, 
was  an  evident  intention  to  con- 
form to  the  lines  as  they  existed 
before  the  treaty,  which  have 
been  already  shown  from  the 
documents  herein  before  cited, 
which  are  of  that  clear  and  ex- 
plicit character  which  relieves  the 
subject  from  all  uncertainty  and 
doubt. 

But  when  the  subject  is  still 
farther  pursued,  and  the  bounda- 
ries are  more  minutely  described, 
what  was  clear  before,  is  still 
made  more  clear  and  explicit. 
To  be  more  particular — the  north- 
west angle  of  Nova  Scotia,  after 
it  is  ascertained  by  the  rule  given 
in  the  treaty,  is  the  point  from 
which  the  northern  line  starts. 
'  From  the  nordiwest  angle  of 
Nova  Scotia,  to  wit — that  angle 
which  is  formed  by  a  line  drawn 
due  north  from  the  source  of  the 
river  St  Croix  to  the  high  lands.' 
Here  we  may  ask  what  angle  was 
intended  ?  Was  it  an  angle  to  be 
formed  on  the  side  line  of  the 
province,  one  hundred  or  more 
miles  from  the  real  and  true  north- 
west angle  of  Nova  Scotia  ?  or 
was  the  real  and  true  angle  of 
the  province,  at  the  point  where 
its  western  line  intersected  the 
line  of  the  province  of  Quebec? 
The  true  construction  is  too  ob- 
vious to  admit  a  doubt.  It  is 
perfectly  clear,  from  the  plain 
and  most  natural  and  obvious 
construction  of  the  language  us- 
ed, that  by  the  nortliwest  angle 


102] 


ANNUAL  REGISTER,  1830—31. 


©f  Nova  Scotia  was  truly  intended 
the  noith western  extremity  of  that 
province. 

The  description  then  proceeds  : 
'  along  the  said  highlands  which 
divide  those  rivers  that  empty 
into  the  river  St  Lawrence  from 
those  which  fall  into  the  Atlantic 
Ocean.'  The  idea  that  the  words 
of  the  treaty  require  a  range  of 
mountains  to  form  the  line,  is  to- 
tally false  and  absurd.  If  the 
commissioners  intended  to  des- 
cribe a  line  pursuing  the  highest 
range  of  mountains  between  the 
Atlantic  on  the  one  hand,  and  the 
river  St  Lawrence  on  the  other, 
they  would  have  used  the  terms 
fittest  for  sach  description,  and 
not  have  used  the  words  which 
plainly  and  distinctly  were  intend- 
ed to  embrace  any  height  of  land, 
from  tlie  lowest  to  any  other  ele- 
vation, provided  it  did  divide  the 
waters  falling  into  the  river  St 
Lawrence,  from  those  falling  into 
the  Atlantic  Ocean.  If  mountains 
were  found  there,  they  were  in- 
tended, if  there  were  no  moun- 
tains or  hills,  and  the  lands  only 
ascended  gently  from  the  river 
St  Lawrence,  and  again  descend- 
ed towards  the  main  streams  fall- 
ing into  the  Atlantic,  constituting 
in  fact  a  long  and  extended  plain, 
from  the  highest  parts  of  which 
the  streams  run  northwardly  and 
westwardly  into  the  river  St  Law- 
rence, and  southerly  and  easterly 
into  the  Atlantic — such  a  plain  is 
the  highland  truly  intended  by 
the  treaty,  and  the  line  is  on  that 
part  of  the  plain  from  which  the 
waters  flow  in  different  directions ; 
if  tlie  lands  are  only  high  enough 
for  the  water  simply  to  pass  off 
in  different   directions,  as  com- 


pletely and  exactly  corresponds 
with  the  description  in  the  treaty, 
and  are  the  highlands  truly  and 
eminently  intended  by  it. 

The  treaty  describes  but  two 
classes  of  rivers,  as  having  any 
connexion  with  this  part  of  the 
boundaries  of  the  United  States, 
to  wit — such  as  flow  into  the  river 
St  Lawrence,  and  those  which 
fall  into  the  Atlantic.  Although 
the  river  St  Lawrence  itself  falls 
into  the  Atlantic  Ocean,  it  is  allud- 
ed to  in  a  peculiar  manner,  to 
distinguish  it  from  all  other  rivers^ 
and  to  place  it  and  its  tributary 
streams  in  opposition  to  them^ 
whether  they  flowed  into  Long 
Island  Sound,  Kennebec  Bay, 
Penobscot  Bay,  the  great  Massa- 
chusetts Bay,  the  Bay  of  Fundy, 
or  the  Bay  of  Chaleur — or  into 
any  other  part  of  the  Atlantic 
Ocean.  The  language  of  the 
treaty  being  thus  clear  and  ex- 
plicit, it  leaves  no  doubt  on  the 
mind,  that  the  highlands  of  the 
treaty  which  divide  the  waters 
was  intended  that  range  of  lands, 
whether  high  or  low,  in  which 
the  tributaries  of  the  St  Lawrence 
have  their  sources,  and  from 
which  they  flow.  To  search, 
therefore,  for  mountain  ranges,  or 
for  the  greatest  height  of  land, 
between  the  river  St  Lawrence 
and  the  Atlantic  Ocean,  to  fulfil 
the  terms  of  the  treaty,  is  absurd 
and  preposterous.  In  the  latter 
part  of  the  article  quoted,  in  des- 
cribing the  east  boundary,  the 
descriptive  language  of  the  first 
part  of  the  article  is  nearly  re- 
peated :  '  East  by  a  line  to  be 
drawn  along  the  middle  of  the 
river  St  Croix,  from  its  mouth  in 
the  Bay  of  Fundy  to  its  source* 


PUBLIC  DOCUMENTS. 


[103 


and  from  its  source  directly  north 
to  the  aforesaid  highlands  which 
divide  the  rivers  which  fall  into 
tlie  Atlantic  Ocean  from  those 
which  fall  into  the  river  St  Law- 
rence.' 

Although,  from  the  French 
having  erected  their  crosses  at 
the  mouths  of  various  rivers,  and 
having  at  various  times  given 
them  names  from  that  circum- 
stance, and  the  part  of  the  country 
between  the  rivers  St  John  and 
Penobscot  not  having  been  early 
settled,  and  seldom  visited  except 
for  the  purpose  of  traffic  with  the 
natives,  doubts  reasonably  might 
arise  as  to  the  true  river  St  Croix  ; 
still,  when  those  doubts  were  re- 
moved, and  the  river  clearly 
ascertained,  a  certain  point  was 
fixed,  from  which  the  due  north 
line  was  to  start,  and  nothing  re- 
mained but  to  employ  artists  to 
survey  the  line  and  erect  its  mon- 
uments. This  seems  to  have 
been  a  point  conceded  in  the 
treaty  of  amity,  commerce  and 
navigation,  concluded  at  London, 
November  19,  1794,  and  in  all 
the  discussions  under  the  fifth 
article  thereof. 

Upon  the  clear  and  explicit 
language  of  the  treaty  itself,  be- 
fore any  intelligent  and  impartial 
tribunal,  the  question  of  boundary 
and  jurisdiction  might  be  safely 
placed,  with  a  perfect  confidence 
in  the  issue.  But  the  treaty, 
though  definite  in  its  descriptions, 
and  requiring  no  foreign  aid  in  its 
interpretation,  only  adopted  the 
boundaries  of  provinces  which 
had  been  defined,  established  and 
recognised  by  the  crown  and 
government  of  Great  Britain,  in 
their  different  acts,  from  1621  to 


1775;  which  will  appear  by  a 
recurrence  to  the  descriptive  lan- 
guage contained  in  the  patents, 
charters,  proclamations,  and  acts 
of  parliament;  before  quoted,  and 
nearly  in  the  same  language.-^- 
There  can,  therefore,  be  no  doubt, 
that  the  ministers  of  both  govern- 
ments, intended  to  adopt,  and  did 
adopt  in  the  treaty  of  peace,  as 
the  boundary  of  the  United 
States,  the  boundaries  between 
the  provinces  of  Quebec  and 
Nova  Scotia,  on  the  one  part, 
and  Massachusetts,  on  the  other 
part,  which  had  been  established 
by,  and  had  long  been  familiar, 
to  the  government  of  Great  Brit- 
ain This  construction,  if  any 
further  support  were  necessary, 
is  amply  and  fully  supported  by 
the  discussions,  which  led  to,  and 
the  manner  in  which  the  bounda- 
ries were  concluded  by  the  min- 
isters who  negotiated  the  provis- 
ional treaty  of  peace.  The  ne- 
gotiation was  carried  on  in  form, 
with  Mr  Oswald,  who  advised 
with  Mr  Fitzherbert,  the  minister 
to  the  court  of  Versailles,  but  in 
fact  with  the  British  Cabinet. 
Mr  Oswald  did  little  or  nothing 
more,  not  having  authority,  than 
to  make  such  propositions  as  the 
British  Cabinet,  from  time  to 
time,  according  to  circumstances, 
commanded,  and  received  such 
as  our  ministers  made,  until  near 
the  close  of  the  discussion,  when 
he  was  clothed  with  full  powers. 
A  provision  in  favor  of  the  loy- 
alists, was  long  and  ardently  urged 
by  the  British,  and  as  ardently 
resisted  by  our  ministers — the 
right  to  the  fisheries  was  urged 
and  insisted  on  by  our  ministers, 
and  made  a  sine  qua  non  by  a 


104] 


ANNUAL  REGISTER,  1830—31. 


part,  and  resisted  by  the  Brit- 
ish, but  finally  adopted ;  both  of 
which  topics  occupied  much  time. 
The  fixing  and  defining  the 
boundaries  of  the  United  States, 
«lso  occupied  much  time,  and 
no  part  or  portion  of  it  was  so 
diligently  examined  and  discuss- 
ed, as  the  eastern  and  north- 
ern boundaries  of  the  present 
State  of  ]\laine.  The  British,  in 
the  first  place,  insisted  upon  Pis- 
cataqua  river  as  the  eastern  limit 
of  the  United  States,  then  retreat- 
ed to  the  Kennebec,  and  as  a  last 
resort  would  consent  to  go  as  far 
as  the  Penobscot.  During  this, 
as  during  the  other  parts  of  the 
■discussion,  messengers  were  con- 
tinually crossing  and  recrossing 
the  channel ;  among  the  messen- 
gers and  aids  to  the  British,  the 
ancient  Clerk  of  the  Board  of 
Trade  and  Plantations  appeared 
with  volumes  of  records  from  that 
department,  from  which  he  read 
whatever  there  was  which  tended 
to  show,  the  District  of  Maine,  or 
any  part  of  it,  was  not  before  that 
time  within  the  jurisdiction  of 
Massachusetts  Bay.  The  Amer- 
ican ministers,  in  their  turn,  pro- 
duced sundry  acts  of  the  colonial 
governmentof  Massachusetts  Bay, 
showing  the  jurisdiction  which  had 
been  exercised  by  her,  the  report 
of  the  attorney  and  solicitor  gen- 
erals, who  had,  upon  the  matter 
being  referred  to  them,  decided 
upon  the  sundry  petitions,  appli- 
■  cations,  and  claims  made  for  all 
the  country  between  the  Sagada- 
hoc, (Kennebec,)  and  St  Croix  ; 
and  their  decision,  after  examin- 
ing all  the  evidence,  was  against 
them,  and  in  favor  of  the  jurisdic- 
tion of  Massachusetts  Bay.    Also 


Gov.  Hutchinson's  report,  wherein 
the  right  of  Massachusetts  Bay  is 
discussed,  and  a  volume  of  the 
doings  of  the  Commissioners  at 
Paris. 

When  the  British  insisted  upon 
limiting  the  United  States  to  the 
Piscataqua,  the  Kennebec,  or  the 
Penobscot,  the  Ministers  of  the 
United  States,  or  some  of  them, 
insisted  upon  going  to  the  St  John, 
but  finally  agreed  to  adhere  to 
the  charter  of  Massachusetts  Bay. 
That  they  did  do  that,  most  man- 
ifestly appears  from  a  comparison 
of  the  treaty  with  the  patents, 
charters,  proclamations,  and  acts 
of  parliament  herein  before  quot- 
ed. 

That  it  was  the  intention  of  the 
Commissioners  to  adopt  the  boun- 
daries between  the  provinces  of 
Quebec  and  Nova  Scotia,  on  the 
one  part,  and  Massachusetts  Bay 
on  the  other  part,  was  expressly 
conceded  and  admitted  on  the 
part  of  the  British  in  the  discuss- 
ions under  the  fifth  article  of  the 
treaty  of  J  794.  It  even,  if  possi- 
ble, was  more  than  admitted  ;  it  is 
one,  if  not  the  chief  basis  of-  the 
whole  argument,  and  was  enforced 
with  great  ability. 

The  British  Agent,  in  his  me- 
morial of  claim  says :  *  By  the 
said  2d  article  herein  before  cited, 
of  tlje  treaty  of  peace,  it  appears 
to  be  clearly  intended,  that  no 
part  of  the  province  of  Nova 
Scotia  should  be  thereby  ceded 
by  his  said  Majesty  to  the  said 
United  States.  But  that  the 
same  province  of  Nova  Scotia, 
according  to  its  ancient  and  form- 
er limits,  should  be  and  rentaio  a 
part  of  the  territory  of  his  said 
Majesty,  as  his  said  Majesty  then 


PUBLIC  DOCUMENTS. 


[105 


and  before  that  time  had  held  and 
possessed  the  same.'  Again,  in 
his  argument  he  says :  *  To  facil- 
itate the  investigation  of  the  pres- 
ent question,  there  appears  to  be 
one  leading  principle  that  appears 
to  be  explicitly  established  by  the 
very  terms  of  the  treaty  of  peace, 
and  which  might  indeed  be  fairly 
considered  as  an  axiom  in  the 
present  discussion,  to  wit : — That 
it  was  clearly  intended  by  the 
second  article  of  the  treaty^  that 
no  part  of  the  province  of  JVova 
Scotia  should  be  thereby  ceded  by 
his  Majesty  to  the  United  States. 
The  words  made  use  of  in  that 
article  will  not  admit  of  a  different 
construction,  the  United  States 
being  expressly  bounded  east  by 
the  eastern  boundaries  of  the 
province  of  Nova  Scotia.  The 
description  of  the  treaty  in  this 
part  of  the  boundaries  of  the  Uni- 
ted States,  is  as  follows:  ^  From 
the  northwest  angle  of  Nova  Sco- 
tia, to  wit :  that  angle  which  is 
formed  by  a  line  drawn  due  north 
from  the  source  of  the  St  Croix 
to  the  highlands  which  divide 
those  rivers  that  empty  them- 
selves into  the  St  Lawrence  from 
those  which  fall  into  the  Adantic 
Ocean.'  Now,  if  the  northwest 
angle  of  Nova  Scotia,  agreeable  to 
these  clear  and  express  words  of 
the  treaty,  is  formed  by  such  a 
nordi  line  from  the  source  of  the 
St  Croix  to  the  highlands,  that 
north  line  and  those  highlands 
must  be  the  western  and  northern 
boundary  of  Nova  Scotia. 

And  the  British  Agent  in  pur- 
suing his  argument  further,  says, 
that  by  the  treaty  of  1763,  '  all 
the  French  p(  ssessions  upon  the 
continent  of  North  America  were 


ceded  to  Great  Britain  ;  the 
province  of  Quebec  was  created 
and  established  by  the  royal  proc- 
lamation of  the  7th  of  October  of 
that  year,  bounded  on  the  south 
by  the  highlands  which  divide 
the  rivers  that  empty  themselves 
into  the  river  St  Lawrence  from 
those  which  fall  into  the  Sea  or 
Atlantic  Ocean,  thereby  altering 
the  northern  boundary  of  the 
province  of  Nova  Scotia  from  the 
southern  shores  of  the  river  St 
Lawrence  to  those  highlands, 
there  being  no  longer  any  appre- 
hension of  disturbance  from  the 
French,  it  now  became  necessary 
for  the  setdement  of  the  country 
that  had  been  in  dispute  between 
the  two  nations,  to  ascertain  the 
boundary  line  between  the  prov- 
inces of  Nova  Scotia  and  Massa- 
chusetts Bay.' 

Having  quoted  in  the  preceding 
pages  the  main  documents  on 
which  our  title  rests,  there  will 
not  in  the  sequel,  be  a  necessitf 
for  anything  morc^  th'cn  genera! 
allusions.  By  a  recurrence  to 
the  history  of  that  time,  it  will  be 
seen  that  the  treaties  were  op- 
posed in  the  British  Parliament, 
but  they  were  opposed  by  those 
vvho  had  lately  been  in  power, 
and  opposition  to  the  ministry 
seems  to  have  constituted  the 
leading  objection ;  so  far  as  the 
treaty  with  the  United  States 
came  in  question,  the  objections 
raised  were,  on  account  of  there 
being  no  provision  in  favor  of  the 
loyalists,  and  the  right  to  the  fish- 
eries being  secured  to  the  United 
States,  but  there  was  no  objection 
to  it  on  account  of  the  boundarie 
therein  prescribed,  to  the  Easter 
part  of  the  United  States.     If  th 


106] 


ANNUAL  REGISTER,  1830—31. 


boundaries  had  not  been  such  as 
were  well  known,  and  familiar 
from  their  own  records,  the  vari- 
ance would  have  produced  scru- 
tiny, and  if  any  objection  could 
have  been  raised  against  it  on 
that  account,  it  would  have  been 
brought  forward  to  increase  and 
enforce  their  other  objections. 

When  the  river  St  Croix  had 
been  consecrated  by  De  Moms 
in  1604,  and  by  its  being  the  first 
resting  place  of  Fluropeans,  who 
became  permanent  settlers  in  the 
northern  parts  of  North  America  ; 
and  when,  from  that  circumstance, 
and  from  the  expedition  of  Sir 
Samuel  Argall,  its  name  found 
its  way  across  the  Atlantic,  yet 
from  the  imperfect  geographical 
knowledge  at  that  time,  the  posi- 
tion of  it  could  not  have  been 
known  to  the  Europeans,  and 
when,  in  the  prosecutioii  of  the 
settlement  of  the  country,  other 
places  became  more  alluring,  and 
the  river  St  Croix  tnd  the  cooft^ 
try  on  its  borders  did  not  become 
the  site  of  any  settlement  or  mil- 
itary post,  and  the  natives  were 
there  left  to  pursue  their  fisheries 
and  the  chase  without  molestation, 
and  when,  also,  many  other  rivers 
on  the  coast  were  afterwards 
designated  by  the  same  name, 
and  when  all  the  maps  prior  to 
the  American  Revolution  were 
imperfect,  it  is  not  wonderful 
that  doubts,  and  serious  doubts, 
arose  as  to  which  river  was  in- 
tended as  the  boundary  between 
the  province  of  Massachusetts  Bay 
and  the  province  of  Nova  Scotia. 
Hence,  as  the  river  St  Croix  was 
a  part  of  the  boundary  between 
the  provinces,  when  the  settle- 
ments on  the  coast  began  to  ap- 


proach each  other,  it  became 
necessary  to  ascertain  the  river 
truly  intended,  to  prevent  coUis- 
ion  and  the  conflict  of  jurisdiction. 

Before  the  American  Revolu- 
tion, and  as  early  as  the  year 
1764,  it  had  become  the  object 
of  the  serious  research  and  inves- 
tigation of  the  respective  provin- 
ces. From  the  researches  of 
the  agents  of  the  province  of 
Massachusetts  Bay,  made  on  the 
spot,  from  the  concurrent  infor- 
mation of  all  the  natives,  and  from 
all  the  m*ips  in  their  possession, 
they  were  convinced  that  the  river 
Magaguadavic  was  the  river  St 
Croix  :  such  was  the  tradition, 
and  such  was  the  conclusion. 

It  generally  was  considered  and 
believed  in  the  province  of  Mass- 
achusetts Bay,  that  it  was  bound- 
ed east  by  the  river  Magaguada- 
vic and  by  a  line  drawn  due  nortli 
from  Its  source  to  the  highlands 
which  divide  the  rivers  that  empty 
themselves  into  the  St  Lawrence 
from  those  which  fall  into  the  sea  ; 
or,  in  other  words,  by  a  line 
draw^n  due  north  from  the  source 
of  the  said  Magaguadavic  river 
to  the  southern  line  of  the  prov- 
ince of  Quebec,  which  had,  by 
proclamation,  been  created  the 
preceding  year.  The  province 
of  Nova  Scotia,  on  the  other  hand, 
believed,  that  the  province  ex- 
tended westward  to  the  river 
Schoodic,  and  was  bounded  west 
by  the  east  line  of  the  province 
of  Massachusetts  Bay,  and  north 
by  the  aforesaid  south  line,  of  the 
province  of  Quebec.  Impressed 
with  such  a  belief,  the  Governor 
of  Nova  Scotia,  as  the  settlements 
extended  westward,  and  individ- 
uals wished  for   grants   of  land 


PUBLIC  DOCUMENTS. 


[107 


made  them,  and  frora  the  year 
1765  to  1774,  made  sundry 
grants  of  land,  lying  between  the 
Magaguadavic  and  the  Schoodic 
rivers. 

Such  were  the  different  opinions 
entertained  at  the  commencement 
of  the  revolution,  and  such  they 
continued  to  be,  when  the  provi- 
sional  treaty  and   the  treaty  of 
peace  were  concluded.      When 
the  provinces  were  cut  asunder, 
and  ceased  to  be  under  the  con- 
trol of  the  same   general  sove- 
reignty, and  after  the  close  of  the 
war,  the  loyalists  settled  on  the 
eastern  banks  of  the   Schoodic, 
and   extended    their   setdements 
between  that  and  the  Magagua- 
davic rivers,  under  the  grants  of 
the  province  of  Nova  Scotia  or 
the  crown  ;  the  attention  of  Mas- 
sachusetts was  aroused,  and  called 
distinctly  to  the  subject,  and  the 
government,  July  7,  1784,  passed 
a  '  Resolve  for  appointing  agents 
to  the  eastern  part  of  this  State, 
to  inform  themselves  of  encroach- 
ments made  by  the  British  sub- 
jects, and  instructing  them  how 
to  proceed.'      The  agents  were 
appointed,  repaired  to  the  place 
where  thp  dispute  existed,  viewed 
the   rivers,   and   made   all  such 
other    inquiries   as   were   within 
their   power,   and   became  con- 
vinced that  the  river  Magagua- 
davic was  the  river  St  Croix,  of 
the  treaty  of  1783.     In  answer 
to  inquiries  made  by  the  Lieu- 
tenant  Governor  of   Massachu- 
setts, dated  Autevil,  near  Paris, 
October  25,  1784,  the  late  John 
Adams,  one  of  the  negotiators  of 
the  provisional,  and  the  treaty  of 
peace,  says  :     '  We  had  before 
us,  through  the  whole  negotiation, 


a  variety  of  maps,  but  it  was  Mit- 
chell's map  upon  which  was 
marked  out  the  whole  boundary 
line  of  the  United  States ;  and 
the  river  St  Croix,  which  was 
fixed  on,  was,  upon  that  map, 
the  nearest  to  the  St  John's  :  so 
that,  in  all  equity,  good  con- 
science, and  honor,  the  river  next 
to  the  St  John's,  should  be  the 
boundary.  I  am  glad  the  gene- 
ral court  are  taking  early  mea- 
sures, and  hope  they  will  pursue 
them  steadily  until  the  point  is 
setded,  which  it  may  be  now  ami- 
cably ;  if  neglected  long,  it  may 
be  more  difficult.'  Massachu- 
setts became  confirmed  in  her 
claim,  as  her  inquiries  and  re- 
searches were  extended.  She 
pressed  her  claim  upon  the  con- 
sideration of  Congress,  and  upon 
the  consideration  of  the  gover-i 
nors  of  Nova  Scotia  and  New 
Brunswick.  Representations  were 
made  by  Congress  to  the  Gov- 
ernment of  Great  Britain,  through 
the  minister  of  the  United  States. 
The  different  parties,  so  far 
from  settling  the  difficulties,  pro- 
bably became  more  and  more 
confirmed  in  their  different  opin- 
ions. After  the  organization  of 
the  government  of  the  United 
States  under  the  constitution,  by 
a  resolve  passed  Feb.  1,  1790,  it 
was  '  Resolved,  that  his  Excel- 
lency the  Governor  be,  and  he 
hereby  is,  requested  to  write  to 
the  President  of  the  United 
States,  in  behalf  of  this  common- 
wealth, informing  him  that  the 
subjects  of  his  Britannic  majesty 
have  made,  and  still  continue  to 
make,  encroachments  on  the  east- 
ern boundary  of  this  common- 
weakh,    in   the   opinion   of   the 


108] 


ANNUAL  REGISTER,  1830—31. 


Legislature  contrary  to  the  treaty 
of  peace  ;  and  that  his  Excellen- 
cy be  requested  to  forward  such 
documents  as  may  be  necessary 
to  substantiate  the  facts.'  Thus 
Massachusetts  called  on  the  Gov- 
ernment of  the  United  States,  to 
protect  them  in  the  possession  of 
their  territory. 

The  doubts  which  had  arisen, 
extended  no  farther  than  to  what 
river  was  intended  by  the  river 
St  Croix  in  the  treaty  of  1783, 
the  treaty  only  describing  it  by  its 
name,  nor  could  they,  for  when 
that  was  settled,  the  rule  was 
clearly  and  distinctly  given  for 
finding  the  northwest  angle  of 
Nova  Scotia.  That  is  clearly 
implied  in  the  first  part  of  the 
fifth  article  of  the  treaty  of  1794  ; 
for  it  says,  '  Whereas  doubts  have 
arisen  what  river  was  truly  in- 
tended under  the  name  of  the 
river  St  Croix,  mentioned  in  the 
said  treaty  of  peace,  and  forming 
a  part  of  the  boundary  therein 
described,  that  question  shall  be 
referred  to  the  final  decision  of 
commissioners.'  The  same  arti- 
cle made  it  the  duty  of  the  com- 
missioners, '  by  a  declaration  un- 
der their  hands  and  seals,  to  de- 
cide what  river  was  the  river  St 
Croix  intended  by  the  treaty,  and 
further  to  describe  the  river,  and 
to  particularize  the  latitude  and 
longitude  of  its  mouth  and  its 
source.'  If  any  other  doubts 
could  have  existed,  or  if  the  resi- 
due of  the  line  could  not  have 
been  ascertained  by  a  survey,  or 
if  it  had  not  been  considered  that 
ascertaining  the  river  St  Croix 
setded  the  whole  dispute,  and  if 
such  were  not  the  convictions  of 
the  contracting  parties,   it  is  not 


unreasonable  to  suppose  that  fur- 
ther provisions  would  have  been 
introduced  into  the  treaty. 

It  was  contended  by  the  agent 
of  the  United  States  before  the 
commissioners,  that  the  river  Ma- 
gaguadavic  was  the  river  St 
Croix,  truly  intended  by  the  trea- 
ty of  1783,  and  he  founded  his 
claims  and  argument  on  many 
depositions  of  the  natives,  and  of 
the  persons  who  first  settled  in 
that  part  of  the  country,  on  the 
examination  and  reports  of  agents, 
on  the  letters  and  testimony  of 
several  other  persons,  and  on 
sundry  maps. 

It  was  contended  by  the  agent 
for  his  Britannic  majesty,  that  the 
river  Schoodic  was  the  river  St 
Croix  truly  intended  by  the  trea- 
ty of  1783,  and  he  founded  his 
argument  on  the  grant  to  Sir 
William  Alexander,  Les  Carbot 
and  Champlain's  histories  of  the 
voyages  of  De  Monts,  and  their 
descriptions  of  th3  country,  the 
commissions  to  Governors  of  No- 
va Scotia,  from  1719  to  1771, 
die  proclamation  of  1763,  and 
two  acts  of  parliament  of  four- 
teenth of  George  KL,  and  sundr}- 
maps  and  depositions.  His  argu- 
ment, and  the  facts  and  docu- 
ments upon  w^hich  he  founded  it, 
clearly  admits  and  demonstrates 
that  the  only  uncertainty  was,  as 
to  what  river  was  intended  by  the 
river  St  Croix,  and  that  from  the 
source  of  the  liver  which  the 
commissioners  should  decide  and 
designate  according  to  the  treaty 
of  1794,  the  eastern  boundary 
line  of  the  United  States  and  the 
western  boundary  of  the  province 
of  Nova  Scotia  must  commence, 
and   continue   due   north  to  the 


PUBLIC  DOCUMENTS. 


[109 


highlands,  to  wit :  the  highlands 
between  the  river  St  Lawrence 
and  the  Restigouche  or  the  St 
John,  according  as  the  source 
should  be  fixed  farther  east  or 
farther  west.  He  expressly  ad- 
mits that  the  line  due  north  from 
the  St  Croix  will,  in  any  erent, 
cross  the  river  St  John  to  the 
highlands,  between  that  and  the 
river  St  Lawrence,  to  wit:  the 
lands  which  divide  the  streams 
which  flow  into  the  St  Lawrence 
from  those  which  fall  into  the 
Atlantic. 

The  discussion  was  closed  in 
1798,  and  the  time  had  not  then 
arrived,  when,  from  '  cupidity,^ 
or  a  desire  to  estabhsh  a  line  from 
which  they  could  attack  the  Unit- 
ed States  in  the  rear,  while  their 
navy  should  attack  them  on  the 
sea  board,  when  they  were  deter- 
mined to  acquire  by  effrontery  or 
sophistry  the  territory  which  they 
had  sought  in  vain  as  a  cession. 

The  Commissioners,  on  the  25th 
of  October,  1798,  made  the  de- 
claration under  their  hands  and 
seals,  deciding  what,  and  describ- 
ing the  river  also,  which  was  truly 
intended  by  the  river  St  Croix, 
in  the  treaty  of  1783.  Prior, 
however,  to  their  making  their 
final  declaration,  ihey  had  agreed, 
and  were  about  making  it  the  final 
declaration,  that  the  river  Schoo- 
dic,  from  its  mouth  at  Joes  Point 
to  the  lake  Genesagranagum-sis, 
now  called  the  Round  Lake,  be- 
ing the  lowest  of  the  western 
Schoodic  lakes,  was  the  river  St 
Croix  of  the  treaty ;  which  decla- 
ration they  did  not  make,  but  by 
the  agreement  or  consent  of  the 
agents  of  the  United  States  and 
Great  Britain,  and  the  advice  of 
10 


the  British  minister.  They  adopt- 
ed the  branch  called  the  Che- 
putnetecook,  to  its  source,  as  a 
part  of  the  river  which  they  were 
to  decide  and  designate.  If  the 
British  Government  gained  no  ad- 
vantage in  the  decision  of  the 
Commissioners,  as,  from  the  evi- 
dence submitted,  the  Commis- 
sioners might  well  have  decided 
that  the  Magaguadavic  was  the 
river  St  Croix  intended  by  the 
treaty,  they  did  in  fact  gain  a 
most  decided  and  important  ad- 
vantage in  the  adoption  of  the 
source  of  the  Cheputnetecook, 
instead  of  the  source  of  the  other 
branch  of  the  Schoodic  river, 
where  it  issues  from  the  lake  Ge- 
nesagranagum-sis, being  the  first 
lake  on  the  western  branch  of  the 
Schoodic,  above  its  junction  with 
the  Cheputnetecook.  By  an  in- 
spection of  the  map,  it  will  ap- 
pear that  the  British  have  gained 
a  tract  of  land,  by  a  change  of 
the  declaration  of  the  Commis- 
sioners, as  to  the  source  of  the 
river  St  Croix,  of  more  than  one 
hundred  and  forty  miles  in  length, 
by  more  than  ten  miles  in  breadth. 
These  facts  are  not  named,  be- 
cause there  is  any  disposition,  on 
our  part,  to  violate  the  good  faith 
pledged  in  the  treaty,  and  the  de- 
cision which  was  thus  amicably 
made.  The  British,  if  they  be, 
as  they  declare  themselves  to  be, 
'  a  great,  honorable,  and  magnani- 
mous nation,'  ought  equally  to 
abide  the  decision  and  its  conse- 
quences, in  good  faith,  more  es- 
pecially as  they  gained  so  much 
by  the  result.  Here  every  real 
doubt  or  difficulty  of  any  import- 
ance was  settled  and  removed  ; 
and  nothing  remained  but  to  run 


HO] 


ANNUAL  REGISTER,  1830—31. 


and  mark  the  line,  and  erect  its 
monuments.    Trifling  differences 
in  surveying  the  line,  might  occur, 
arising  from  the  variation  of  the 
needle,   and    from   the  peculiar 
situation  of  the  land  on  the  line 
of  the  government  of  Quebec,  at 
the    northwest    angle    of   Nova 
Scotia,   one  of  which  would  tend 
to  change  the  longitude,  and  the 
other  the  latitude  of  the  angle, 
possibly  a  mile  ;   but  not  in  any 
instance  to  a  distance  of  any  im- 
portance  to   either   government. 
Some   trifling   differences  might 
also  arise  in  surveying  the  line 
between  the  government  of  Que- 
bec and  Massachusetts,  in  running 
the  Ime  southwesterly  from  the 
northwest  angle  of  Nova  Scotia, 
as  to  the  precise  points  which  di- 
vide the  waters,   and   the  lines 
which  should  connect  those  points; 
but  all  such  differences  are  within 
a  very  narrow  compass.   That  the 
only  subject  of  doubt  or  difficulty 
of  any  importance  was  what  river 
was  truly  intended  by  the  river 
St  Croix,  is  not  only  conceded 
by  the  treaty  of  1794,  but  is  de- 
monstrated by  the  documentary 
evidence  produced  by  the  Agent 
of  his  Britannic  Majesty,  to  wit : 
the  patents,  charters,  proclama- 
tions, and  acts  of  Parliament,  and 
his  arguments  founded  upon  these 
documents  ;  his  arguments  being, 
in  fact,  founded  upon  this  plain 
and  simpl*  proposition,  that  the 
lines  described  by  the  treaty  of 
1783,  were,  and  were  intended  to 
be,  the  lines  which  had  before 
been    established,    between    the 
province  of  Massachusetts  Bay, 
on  the  one  hand,  and  the  prov- 
inces of  Quebec  and  Nova  Scotia 
on  the  other. 


When  the  subject  is  again  re- 
curred to  by  the  respective  gov- 
ernments, it  is  not  treated  as  a 
subject  involving  any  thing  more 
than  possible  difficulties  of  trifling 
importance.  Hence,  in  a  conven- 
tion between  his  Britannic  Majes- 
ty and  the  United  States,  which 
was  dated  the  1:2th  day  of  May, 
1803,  but  which  was  not  ratified 
by  the  United  States,  instead  of 
reciting,  that  whereas  doubts  have 
arisen,  &tc.  as  in  the  treaty  of 
1794,  says  :  *  Whereas  it  has 
become  expedient  that  the  north- 
west angle  of  Nova  Scotia,  men- 
tioned and  described  in  the  treaty 
of  peace  between  his  Majesty  and 
the  United  States,  should  be  as- 
certained and  determined,  and  that 
the  line  between  the  source  of  the 
river  St  Croix,  and  the  said  north- 
west angle  of  Nova  Scotia,  should 
be  run  and  marked,  according  to 
the  provisions  of  the  said  treaty  of 
peace.'  And  again,  when  the 
subject  is  recurred  to,  in  a  paper 
delivered  to  Lord  Harrowby, 
September  5th,  1804,  the  fol- 
lowing language  is  used,  *  By 
the  treaty  of  1 783,  between  the 
United  States  and  Great  Brit- 
ain, the  boundary  between  those 
States  and  Nova  Scotia  and  Can- 
ada, is  fixed  by  a  line  which 
is  to  run  along  the  highlands 
bounding  the  southern  waters  of 
the  St  Lawrence.'  The  same 
subject  is  once  more  recurred  to 
by  our  Ministers  at  the  Court  of 
St  James,  in  April,  1807,  and 
the  same  langugage  is  used  in  a 
proposed  article  on  the  same  sub- 
ject, as  was  used  in  the  unratified 
convention  of  1803,  before  re- 
cited. 

The  subject  is  not  again  re- 


PUBLIC  DOCUMENTS. 


[Ill 


curred  to  between  the  respective 
govermnents  until  1814,  in  the 
correspondence  which  preceded, 
and  in  the  fifth  article  of  the 
Treaty  of  Ghent.  In  order  to 
arrive  at  a  full  and  perfect  know- 
ledge of  the  facts,  to  the  end  that 
the  just  and  true  interpretation  of 
the  fifth  article  of  the  Treaty  of 
Ghent  may  more  fully  appear,  a 
particular  examination  of  the  cor- 
respondence which  preceded  it, 
between  the  ministers  of  the  re- 
spective governments  of  the  Unit- 
ed States  and  Great  Britain,  con- 
nected with  the  great  chain  of  evi- 
dence of  title,  and  implied,  and 
direct,  and  positive  concessions  of 
the  British,  is  deemed  important. 
The  correspondence  touching  the 
subject  in  discussion,  is  as  follows  : 

In  the  protocol  made  by  the 
American  Commissioners  of  the 
two  first  conferences  held  with  the 
British  Commissioners,  the  third 
point  presented  by  the  Commis- 
sioners on  the  part  of  the  British 
as  subjects  of  discussion  is,  '  the 
revision  of  the  boundary  line  be- 
tween the  territories  of  the  Unit- 
ed States  and  those  of  Great 
Britain  adjoining  them  in  North 
America.'* 

In  the  protocol  of  conference 
of  August  8,  1814,  among  the 
subjects  stated  for  discussion  by 
the  British  Commissioners,  the 
third  is,  '  A  revision  of  the  boun- 
dary line  between  the  British  and 
American  territories,  with  a  view 
to  prevent  future  uncertainty  and 
dispute.'  f 

In  a  letter,  dated  Ghient,  Au- 
gust 12,  1814,  from  the  American 
Commissioners  to  the  Secretary 


of  State,*  the  British  Commis- 
sioners stated  three  subjects,  as 
those  upon  which  it  appeared  to 
them  that  the  discussions  would 
be  likely  to  turn,  and  on  which 
they  were  instructed.  The  third 
subject  stated  is,  *  A  revision  of 
the  boundary  line  between  the 
United  States  and  the  adjacent 
British  colonies.'  With  respect 
to  this  point,  they  expressly  dis- 
claimed any  intention  on  the  part 
of  their  government  to  acquire  an 
increase  of  territory,  and  repre- 
sented the  proposed  revision  as 
intended  merely  for  the  purpose 
of  preventing  uncertainty  and  dis- 
pute. In  a  letter  dated  Ghent, 
August  19,1814,  from  the  Ameri- 
can Commissioners  to  the  Secre- 
tary of  State,  the  third  subject 
stated  by  the  British  Commis- 
sioners  is,  '  A  direct  communica- 
tion from  Halifax  and  the  province 
of  New  Brunswick  to  Quebec  to 
be  secured  to  Great  Britain.  In 
answer  to  our  question,  in  what 
manner  this  was  to  be  effected  ? 
we  were  told,  that  it  must  be  done 
by  a  cession  to  Great  Britain  of 
that  portion  of  the  District  of 
Maine,  (in  the  State  of  Massa- 
chusetts,) which  intervenes  be- 
tween New  Brunswick  and  Que- 
bec, and  prevents  their  direct 
communication.'! 

In  a  note  of  the  British  Com- 
missioners, dated  Ghent,  August 
19,  1814,  they  say;  *As  they 
are  desirous  of  stating  every  point 
in  connexion  with  the  subject, 
which  may  reasonably  influence 
the  decision  of  the  American 
Plenipotentiaries  in  the  exercise 
of  their   discretion,    they    avail 


*  State  Papers,  vol.  9,  p.  327 
t  Ibid.  330. 


*  State  Papers,  vjI.  9,  p.  320. 
t  Ibid.  332. 


112] 


ANNUAL  REGISTER,  1830—31. 


themselves  of  this  opportunity  to 
repeat,  what  they  have  already 
stated,  that  Great  Britain  desires 
the  revision  of  the  frontier  between 
her  North  American  dominions 
and  those  of  the  United  States,  not 
with  any  view  to  an  acquisition  of 
territory,  as  such,  hut  for  the  pur- 
pose  of  securing  her  possessions, 
and  preventing  future  disputes.^^ 

Then  follows  a  proposition  that 
the  military  possession  of  the 
lakes  shall  be  left  in  the  hands  of 
the  British  ;  then  the  note  pro- 
ceeds, '  if  this  can  be  adjusted, 
there  will  then  remain  for  dis- 
cussion the  arrangement  of  the 
northwestern  boundary,  between 
lake  Superior  and  the  Mississippi, 
the  free  navigation  of  that  river, 
and  such  a  variation  of  the  line 
of  frontier  as  may  secure  a  direct 
communication  between  Quebec 
and  Halifax. 

In  a  letter  dated  Ghent,  Au- 
gust 24, 1814,  from  the  American 
to  the  British  Commissioners, 
they  say — '  The  undersigned  fur- 
ther perceive,  that  under  the  al- 
leged purpose  of  opening  a  direct 
communication  between  two  of 
the  British  provinces  in  America, 
the  British  government  require 
a  cession  of  territory  forming  a 
part  of  one  of  the  States  of  the 
American  Union,  and  that  they 
propose,  without  purpose  specifi- 
cally alleged,  to  draw  the  boun- 
dary line  westward,  not  from  the 
Lake  of  the  Woods,  as  it  now  is, 
but  from  Lake  Superior.  It  must 
be  perfectly  immaterial  to  the 
United  States,  whether  the  ob- 
ject of  the  British  Government 
in  demanding  the  dismemberment 


of  the  United  States,  is  to  acquire 
territory  as  such,  or  for  purposes 
less  liable,  in  the  eyes  of  the 
world,  to  be  ascribed  to  the  de- 
sire of  aggrandizement.  What- 
ever the  motive  may  be,  and 
with  whatever  consistency  viewsof 
conquest  may  be  disclaimed,  while 
demanding  for  herself  or  for  the 
Indians,  a  cession  of  territory 
more  extensive  than  the  whole 
island  of  Great  Britain,  the  duty 
marked  out  for  the  undersigned  is 
the  same.  They  have  no  author- 
ity to  cede  any  part  of  the  ter- 
ritory of  the  United  States ;  and 
to  no  stipulation  to  that  effect  will 
they  subscribe.'* 

In  a  letter  dated  Ghent,  Sep- 
tember 4,  1814,  from  the  Brit- 
ish to  the  American  Commission- 
ers, they  say  :  ^  With  respect  to 
the  boundary  of  the  District  of 
Maine,  and  ihvA  of  the  northwes- 
tern frontier  of  the  United  States, 
the  undersigned  were  not  prepar- 
ed to  anticipate  the  objections 
contained  in  the  note  of  the 
American  Plenipotentiaries,  that 
they  were  instructed  to  treat  for 
the  revision  of  their  boundary 
lines,  with  the  statement  which 
they  have  subsequently  made, 
that  they  had  no  authority  to  cede 
any  part,  however  insignificant,  of 
the  territories  of  the  United 
States,  although  the  proposal  left 
it  open  for  them  to  demand  an 
equivalent  for  such  cession,  in 
territory  or  otherwise. 

'  The  American  Plenipoten- 
tiaries must  be  aware  that  the 
boundary  of  the  District  of  Maine 
has  never  been  correctly  ascer- 
tained ;  that  the  one  asserted  at 


State  Papers,  vol.  9.  p.  339. 


*  State  Papers,  vol.  9,  p.  381. 


PUBLIC  DOCUMENTS. 


[113 


present  by  the  American  Govern- 
ment, by  which  the  direct  com- 
munication between  Halifax  and 
Quebec  becomes  interrupted,  waS 
not  in  contemplation  of  the  Brit- 
ish Plenipotentiaries  who  conclud- 
ed the  treaty  of  1783,  and  that 
the  greater  part  of  the  terri- 
tory in  question  is  actually  unoc- 
cupied. The  undersigned  are 
persuaded  that  an  arrangement 
on  this  point  might  be  easily  made, 
if  entered  into  with  the  spirit  of 
conciliation,  without  any  preju- 
dice to  the  interests  of  the  dis- 
trict in  question.  As  the  neces- 
sity for  fixing  some  boundary  for 
the  northwestern  frontier  has  been 
mutually  acknowledged,  a  propo- 
sal for  a  discussion  on  that  sub- 
ject cannot  be  considered  as  a 
demand  for  a  cession  of  territory, 
unless  the  United  States  are  pre- 
pared to  assert  there  is  no  limit 
to  the  territories  in  that  direction, 
and  that  availing  themselves  of 
the  geographical  error  upon  which 
that  part  of  the  treaty  of  1783 
was  founded,  they  will  acknowl- 
edge no  boundary  whatever,  then, 
unquestionably  any  proposition  to 
fix  one,  be  it  what  it  may,  must 
be  considered  as  demanding  a 
large  cession  of  territory  from  the 
United  States.'* 

In  a  letter  dated  Ghent,  Sep- 
tember 9,  1814,  from  the  Ameri- 
can to  the  British  Commissioners, 
the  American  Commissioners  say 
— *  With  regard  to  the  cession  of 
a  part  of  the  District  of  Maine, 
as  to  which  the  British  Plenipo- 
tentiaries are  unable  to  reconcile 
the  objections  made  by  the  under- 
signed,  with  their  previous  de- 


clarations, they  have  the  honor  to 
observe,  that  at  the  conference  of 
the  8th  ult.  the  British  Plenipo- 
tentiaries stated,  as  one  of  the 
subjects  suitable  for  discussion,  a 
revision  of  the  boundary  line  be- 
tween the  British  and  American 
territories,  with  a  view  to  prevent 
uncertainty  and  dispute  ;  and  that 
it  was  on  the  point  thus  stated, 
that  the  undersigned  declared  that 
they  were  provided  with  instruc- 
tions from  their  government ;'  a 
declaration  which  did  not  imply 
that  they  were  instructed  to  make 
any  cession  of  territory  in  any 
quarter,  or  to  agree  to  a  revision 
of  the  line,  or  to  any  exchange 
of  territory  where  no  uncertainty 
or  dispute  existed. 

The  undersigned  perceive  no 
uncertainty  or  matter  of  doubt 
in  the  treaty  of  1783,  with  re- 
spect to  that  part  of  the  boundary 
of  the  District  of  Maine  which 
would  be  affected  by  the  propo- 
sal of  Great  Britain  on  that  sub- 
ject. They  never  have  under- 
stood that  the  British  Plenipoten- 
tiaries who  signed  that  treaty 
had  contemplated  a  boundary  dif- 
ferent from  that  fixed  by  the 
treaty,  and  which  requires  noth- 
ing more,  in  order  to  be  definitely 
ascertained,  than  to  be  survey- 
ed in  conforniity  with  its  provis- 
ions. This  subject  not  having 
been  a  matter  of  uncertainty  or 
dispute,  the  undersigned  are  not 
instructed  upon  it,  and  they  can 
have  no  authority  to  cede  any 
part  of  the  State  of  Massachu- 
setts, even  for  what  the  British 
Government  might  consider  a  fair 
equivalent.* 


*  State  Papers,  vol.  9.  p.  381. 


10* 


*  State  Papers,  vol.  9,  p.  398. 


114] 


ANNUAL  REGISTER,  1830—31. 


In  a  letter  dated  Ghent,  Sep- 
tember 19,  1814,  from  the  Brit- 
ish to  the  American  Commission- 
ers, they  say  :  '  With  respect  to 
the  boundary  of  the  District  of 
Maine,  the  undersigned  observe, 
with  regret,  that  although  the 
American  Plenipotentiaries  have 
acknowledged  themselves  to  be 
instructed  to  discuss  a  revision  of 
the  boundary  line,  with  a  view  to 
prevent  uncertainty  and  dispute, 
yet,  by  assuming  an  exclusive 
right  at  once  to  decide  what  is  or 
is  not  a  subject  of  uncertainty 
and  dispute,  they  have  render- 
ed their  powers  nugatory  or  inad- 
raissibly  partial  in  their  opera- 
tion.'* 

In  a  letter  dated  Ghent,  Sep- 
tember 26, 1814,  from  the  Amer- 
ican to  the  British  Commission- 
ers, they  say:  'The  undersign- 
ed are  far  from  assuming  the  ex- 
clusive right  to  decide,  what  is 
or  what  is  not  a  subject  of  un- 
certainty or  dispute  with  regard 
to  the  boundary  of  the  District 
of  Maine.  But  until  the  British 
Plenipotentiaries  shall  have  shown 
in  what  respect  the  part  of  that 
boundary  which  would  be  affected 
by  their  proposal,  is  such  a  sub- 
ject, the  undersigned  may  be  per- 
mitted to  assert  that  it  is  not.' 

The  treaty  of  1 783  described 
the  boundary  as  '  a  line  to  be 
drawn  along  the  middle  of  the 
river  St  Croix,  from  its  mouth, 
in  the  Bay  of  Fundy,  to  its  source, 
and  from  its  source,  directly  north, 
to  the  highlands  which  divide  the 
rivers  that  fall  into  the  Adantic 
Ocean  from  those  which  fall  into 
the  river  St  Lawrence,  and  thence 

*  State  Papers,  rol.  9,  p.  400. 


along  the  said  highlands  to  the 
north  westernmost  head  of  Con- 
necticut river.'  '  Doubts  having 
arisen  as  to  die  St  Croix  desig- 
nated in  the  treaty  of  1783,  a 
provision  was  made  in  that  of 
1794  for  ascertaining  it;  and  it 
may  be  fairly  inferred,  from  the 
limitation  of  the  article  to  that  sole 
object,  that,  even  in  the  judgment 
of  Great  Britain,  no  other  subject 
of  controversy  existed  in  relation 
to  the  extension  of  the  boundary 
hne  from  the  source  of  that  river. 
The  river  and  its  source  having 
been  accordingly  ascertained,  the 
undersigned  are  prepared  to  pro- 
pose the  appointment  of  commis- 
sioners by  the  two  8;overnments, 
to  extend  the  line  to  the  highlands, 
conformably  to  the  treaty  of  1783. 
The  proposal,  however,  of  the 
British  Plenipotentiaries  was  not 
to  ascertain,  but  to  vary  those 
lines  in  such  a  manner  as  to  se- 
cure a  direct  communication  be- 
tween Quebec  and  Halifax,  an 
alteration  which  could  not  be  ef- 
fected without  a  cession  by  the 
United  States  to  Great  Britain 
of  all  that  portion  of  the  State 
of  Massachusetts  intervening  be- 
tween the  province  of  New 
Brunswick  and  Quebec,  although 
unquestionably  included  within 
the  boundary  lines  fixed  by  that 
treaty.  Whether  it  was  contem- 
plated on  the  part  of  Great  Brit- 
ain to  obtain  a  cession  with  or 
without  an  equivalent,  in  frontier 
or  otherwise,  the  undersigned,  in 
stating  that  they  were  not  in- 
structed or  authorized  to  treat 
on  the  subject  of  cession,  have 
not  declined  to  discuss  any  mat- 
ter of  uncertainty  or  dispute  which 
the  British  Plenipotentiaries  may 


PUBLIC  DOCUMENTS. 


[115 


point  out  to  exist,  respecting  the 
boundaries  in  that  or  any  other 
quarter,  and  are  therefore  not 
liable  to  the  imputation  of  having 
rendered  their  powers  on  the  sub- 
ject nugatory  or  inadmissibly  par- 
tial in  their  operation.'* 

In  a  letter  dated  Ghent,  Oc- 
tober 8,  1814,  from  the  British 
to  the  American  Commissioners, 
they  say:  'The  British  govern- 
ment never  required  that  all  that 
portion  of  Massachusetts  interven- 
ing between  the  province  of  New 
Brunswick  and  Quebec,  should 
be  ceded  to  Great  Britain,  but 
only  that  small  portion  of  unsettled 
country  which  interrupts  the  com- 
munication between  Halifax  and 
Quebec,  (there  being  much  doubt 
whether  it  does  not  already  belong 
to  Great  Britain.')f  In  the  let- 
ter dated  Ghent,  October  21, 
1814,  from  the  British  to  the 
American  Commissioners,  they 
say  :  '  On  the  question  of  boun- 
dary between  the  dominions  of 
his  majesty  and  those  of  the  Unit- 
ed States,  the  undersigned  are 
led  to  expect,  from  the  discussion 
which  this  subject  has  already 
undergone,  that  the  northwestern 
boundary,  from  the  Lake  of  the 
Woods  to  the  Mississippi,  (the 
intended  arrangement  of  1803,) 
will  be  admitted  without  objection. 

'  In  regard  to  other  boundaries, 
the  American  Plenipotentiaries,  in 
their  note  of  August  24,  appeared, 
in  some  measure,  to  object  to  the 
proposition  then  made  by  the  un- 
dersigned, as  not  being  on  the 
basis  of  uti  possidetis.  The  un- 
dersigned are  willing  to  treat  on 

*  State  Papers,  vol.  9,  p.  405. 
t  Ibid.  p.  415. 


that  basis,  subject  to  such  modifi- 
cations as  mutual  convenience 
may  be  found  to  require ;  and 
they  trust  that  the  American  Pie-  , 
nipotentiaries  will  show,  by  their 
ready  acceptance  of  this  basis, 
that  they  duly  appreciate  the  mo- 
deration of  his  majesty's  govern- 
ment, in  so  far  consulting  the 
honor  and  fair  pretensions  of  the 
United  States,  as,  in  the  relative 
situation  of  the  two  countries,  to 
authorize  such  a  proposition.'* 

In  a  letter  dated  Ghent,  October 
24,  1814,  from  the  American  to 
the  British  Commissioners,  they 
say  :  *  Amongst  the  general  ob- 
servations which  the  undersigned, 
in  their  note  of  August  24tb, 
made  on  the  propositions  then 
brought  forward  on  the  part  of 
the  British  government,  they  re- 
marked, that  those  propositions 
were  neither  founded  on  the  basis 
of  uti  possidetis  J  nor  that  of  status 
ante  helium.  But  so  far  were 
they  from  suggesting  the  uti  pos- 
sidetis as  the  basis  on  which  they 
were  disposed  to  treat,  that  in  the 
same  note  they  expressly  stated, 
that  they  had  been  instructed  to 
conclude  a  peace  on  the  principle 
of  both  parties  restoring  whatever 
territory  they  might  have  taken. 
The  undersigned  also  declared  in 
that  note,  that  they  had  no  au- 
thority to  cede  any  part  of  the 
territory  of  the  United  States,  and 
that  to  no  stipulation  to  that  effect 
would  they  subscribe  :  and  in  the 
note  of  the  9th  of  September,  after 
having  shown  that  the  basis  of 
uti  possidetis,  such  as  it  was 
known  to  exist  at  the  commence- 
ment of  the  negotiation,  gave  no 

*  State  Papers,  vol.  9.  p.  427. 


116] 


ANNUAL  REGISTER,  1830—31. 


claim  to  his  Britannic  Majesty  to 
cessions  of  territory,  founded  upon 
the  right  of  conquest,  they  added, 
that  even  if  the  chances  of  war 
should  give  to  the  British  arms  a 
momentary  possession  of  other 
parts  of  the  territory  of  the  United 
States,  such  events  would  not  alter 
their  views  with  regard  to  the 
terms  of  peace  to  which  they 
would  give  their  consent. 

*The  undersigned  can  only 
now  repeat  those  declarations, 
and  decline  treating  upon  the  ba- 
sis of  uti  possidetis,  or  upon  any 
other  principle  involving  a  cession 
of  any  part  of  the  territory  of  the 
United  States,  as  they  have  uni- 
formly stated,  they  can  only  treat 
upon  the  principle  of  a  mutual 
restoration  of  whatever  territory 
may  have  been  taken  by  either 
party.  From  this  principle  they 
cannot  recede  ;  and  the  under- 
signed, after  the  repeated  declar- 
ations of  the  British  Plenipoten- 
tiaries, that  Great  Britain  had  no 
view  to  the  acquisition  of  territory 
in  this  negotiation,  deem  it  ne- 
cessary to  add,  that  the  utility  of 
its  continuance  depends  on  tlieir 
adherence  to  this  principle.'* 

In  a  letter  dated  Ghent,  Octo- 
ber 25,  1814,  from  the  American 
Commissioners  to  the  Secretary 
of  State,  they,  after  stating  that 
an  article  had  been  reduced  to 
writing,  securing  merely  an  Indian 
pacification,  had  been  agreed  to 
be  accepted,  subject  to  the  ratifi- 
cation or  rejection  of  the  govern- 
ment of  the  United  States,  say  : 
*  But  you  will  perceive  that  our 
request  for  the  exchange  of  a 
project  of  a  treaty  has  been  elu- 


ded, and  that  in  their  last  note, 
the  British  Plenipotentiaries  have 
advanced  a  demand,  not  only 
new  and  inadmissible,  but  totally 
incompatible  with  their  uniform 
previous  declarations,  that  Great 
Britain  had  no  view  in  this  nego- 
tiation to  any  acquisition  of  terri- 
tory. It  will  be  perceived,  that 
this  new  pretension  was  brought 
forward  immediately  after  the  ac- 
counts had  been  received,  that  a 
British  force  had  taken  possession 
of  all  that  part  of  the  State  of 
Massachusetts  situated  east  of 
Penobscot  river.'"^ 

It  having  been  shown,  in  the 
first  part  of  this  report,  what  the 
lines  between  Massachusetts  and 
Nova  Scotia,  and  Massachusetts 
and  the  province  of  Quebec,  as 
formed  and  established  by  the 
government,  were,  prior  to  the  pro- 
visional treaty,  and  the  definitive 
treaty  of  peace  of  1783,  and  the 
investigation  which  took  place, 
and  the  care  and  diligence  with 
which  the  subject  was  examined, 
by  the  commissioners  of  both  gov- 
ernments and  the  cabinet  of  Great 
Britain,  and  that  it  was  the  inten- 
tion of  both  governments,  to  adopt 
the  lines  abovementioned,  as  a 
part  of  the  boundary  of  the  United 
States  ;  and  that  the  treaty  itself, 
in  describing  the  boundary,  con- 
tains almost  the  precise  language 
which  the  British  had  often  used 
in  relation  to  the  same  lines ;  it 
having  also  been  shown  that  the 
only  difficulty  in  relation  to  the 
line  arose  from  the  uncertainty  as 
to  what  river  was  truly  intended 
by  the  river  St  Croix,  and  which 
uncertainty  arose  from  facts  and 


*  State  Papers,  vol.  9,  p.  428. 


*  Ibid.  p.  375. 


PUBLIC  DOCUMENTS. 


[117 


circumstances  which  long  existed 
before,  and  at  the  time  of  con- 
cluding the  treaties,  and  which 
were  not  removed  by  the  trea- 
ty, in  consequence  of  the  river 
St  Croix  not  being  designated 
with  any  more  particularity  than 
it  was  before,  in  the  patents, 
charters,  acts  of  Parliament,  and 
documents,  in  which  it  had  been 
mentioned  ;  and  also,  that  in  the 
discussions  on  the  subject  between 
the  governments  of  the  United 
States  and  Great  Britain,  it  had 
been  admitted,  more  especially  by 
the  agent  for  the  latter,  that  let 
the  Commissioners  designate  what 
river  they  would  as  the  river  St 
Croix,  truly  intended  by  the  trea- 
ty of  peace,  from  the  source  of 
that  river,  the  line  run  due  north 
to  the  highlands,  the  southern  line 
of  the  government  of  Quebec,  and 
the  northern  line  of  Massachusetts 
and  the  province  of  Nova  Scotia ; 
and,  in  any  event,  even  if  they 
adopted  the  most  western  point, 
which  he  described  as  the  head 
of  the  river  St  Croix,  the  line 
running  north  must  cross  the  river 
St  John  to  the  highlands  dividing 
the  waters  which  fall  into  that 
river,  from  those  which  fall  into 
the  river  St  Lawrence. 

It  also  having  been  further 
shown,  that  since  1798,  when  the 
river  St  Croix  was  designated  by 
the  Commissioners  under  the  trea- 
ty of  1794,  from  all  the  corres- 
pondence and  treaties,  which  had 
been  formed  or  proposed  to  be 
formed  by  the  Commissioners  of 
the  two  governments,  the  right  of 
the  United  States  had  not  been 
considered  any  way  doubtful,  and 
the  whole  object  of  the  arrange- 
ments thus  attempted  to  be  made 


had  been  limited  to  surveying  and 
marking  the  line. 

With  a  recurrence  to  these  facts 
and  circumstances,  a  more  parti- 
cular attention  to  the  correspond- 
ence which  preceded  the  treaty 
of  Ghent,  which  is  herein  before 
quoted,  to  the  end  that  the  true 
intent  and  meaning  of  the  con- 
tracting parties  in  the  fifth  article 
of  that  treaty  may  be  more  clearly 
ascertained  and  better  understood, 
is  not  deemed  unimportant. 

The  British  Commissioners  ask 
a  revision  of  the  boundary  line 
between  the  United  States  and 
the  adjacent  British  colonies,  dis~ 
claiming  expressly,  at  the  same 
time,  any  disposition  to  acquire 
an  increase  of  territory,  and  lim- 
iting their  proposition  to  the  simple 
fact  of  so  ascertaining  the  line  as 
to  prevent  uncertainty  and  dis- 
pute. Such  was  their  first  pro- 
position ;  but  as  the  conferences 
progressed,  they  in  some  measure 
varied  their  proposition  ;  and  in* 
stead  of  asking  simply  a  revision! 
of  the  line,  to  prevent  uncertainty 
and  dispute,  they  ask  a  direct 
communication  from  Halifax  and 
the  province  of  New  Brunswick 
to  Quebec ;  and  when  they  are 
requested  to  explain,  explicitly 
declare  that  it  must  be  done  by  a 
cession  of  that  portion  of  the  Dis- 
trict of  Maine  which  intervenes 
between  New  Brunswick  and 
Quebec  and  prevents  a  direct 
communication. 

Here  they  clearly  and  distinctly 
ask  the  territory  as  a  cession, 
thereby  conceding  the  title  is  not 
in  them,  which  the  subordinate 
agents,  since  appointed,  have  had 
the  ingenuity  to  claim  as  a  right. 
The    American    Commissioners 


118] 


ANNUAL  REGISTER,  1830—31. 


most  clearly  and  explicitly  deny 
any  authority  on  their  part,  to 
cede  any  portion  of  the  territory 
asked  of  them,  whether  to  secure 
the  right  of  passage  between  their 
different  provinces  or  otherwise, 
and  the  denial  is  repeated  as  often 
as  the  subject  recurs  in  the  con- 
.  ferences  or  correspondence. 

The  British  Commissioners, 
in  giving  a  construction  to  their 
own  proposition  for  securing  a 
direct  communication  between 
New  Brunswick  and  Quebec, 
say :  *  Their  proposal  left  it  open 
to  the  American  Commissioners, 
to  demand  an  equivalent  for  such 
cession  in  territory  or  otherwise.* 
Here  our  right  is  again  conced- 
ed, in  language  which  admits  no 
doubt,  for  the  supposition  that  the 
British  would  consent  to  purchase 
of  us  that  territory  to  which  they 
had  title,  is  absurd  and  preposter- 
ous. The  British  are  too  vigilant, 
in  their  negotiations,  to  overlook 
their  own  claims,  whether  well  or 
ill  founded.  They  are  not  gene- 
rous beyond  what  their  interest 
dictates,  nor  are  they  liable  to  the 
imputation  of  undue  or  disinter- 
ested generosity  in  their  negotia- 
tions. 

The  American  Ministers  most 
explicitly  stated,  that  they  were 
not  instructed  to  agree  to  any  re- 
vision of  the  line,  where  no  uncer- 
tainty or  dispute  existed,'  and  that 
they  could  perceive  no  uncertainty 
or  matter  of  doubt  in  the  treaty  of 
1783,  with  regard  to  that  part  of 
the  boundary  of  the  District  of 
Maine,  which  would  be  affected 
by  the  proposal  of  Great  Britain 
on  the  subject — That  they  never 
understood  that  the  British  Pleni- 
potentiaries who  signed  that  trea- 


ty, had  contemplated  a  boundary 
different  from  that  fixed  by  the 
treaty,  and  which  requires  nothing 
more,  in  order  to  be  definitively 
ascertained,  than  to  be  surveyed 
in  conformity  with  its  provisions.' 
The  subject  not  having  been  a 
matter  of  uncertainty  or  dispute, 
they  were  not  instructed  upon  it, 
and  had  no  authority  to  cede  any 
part  of  the  State  of  Massachusetts, 
even  for  what  the  British  might 
consider  a  fair  equivalent. 

To  which  the  British  Ministers 
replied,  that  although  the  Ameri- 
can Commissioners  acknowledged 
themselves  to  be  instructed  to  dis- 
cuss the  revision  of  the  boundary 
line,  yet  by  assuming  to  decide 
for  themselves  what  was  or  what 
was  not  a  subject  of  uncertainty 
or  dispute,  they  had  rendered  their 
powers  nugatory  or  inadmissibly 
partial. 

The  American  Commissioners 
having  stated  their  construction  of 
the  treaty  of  1783,  as  it  applied 
to  the  line  between  Maine  and 
the  provinces  of  Nova  Scotia  and 
Canada,  say  that  they  have  not 
pretended  to  assume  any  thing, 
but  shall  persevere  in  their  opin- 
ions until  the  British  Commission- 
ers should  point  out,  in  what  re- 
spect the  part  of  the  boundary 
which  would  be  affected  by  their 
proposal,  is  such  a  subject  of  un- 
certainty or  dispute.  That  all  the 
doubts  which  could  have  ever  ex- 
isted in  relation  to  the  line,  were 
settled  under  the  treaty  of  1794, 
and  were  prepared  to  propose  the 
appointment  of  Commissioners  to 
extend  the  lines  to  the  highlands 
in  conformity  to  the  treaty  of 
1783.  That  the  proposition  of 
the  British  was  to  vary  those  lines. 


PUBLIC  DOCUMENTS. 


[119 


by  obtaining  a  cession  of  the  ter- 
ritory between  New  Brunswick 
and  Quebec,  although  that  terri- 
tory was  unquestionably  included 
within  the  boundary  lines  fixed 
by  the  treaty. 

Although  the  subject  is  again 
thus  clearly  pressed  upon  the  con- 
sideration of  the  British  Commis- 
sioners, and  they  are  called  upon 
to  point  out  any  uncertainty  or 
dispute,  or  cause  of  uncertainty 
or  dispute,  in  relation  to  the  boun- 
dary, with  a  perfect  understand- 
ing that  their  acquiescence  would 
be  taken  as  the  admission  of  the 
fact,  to  wit,  that  there  was  no  un- 
certainty or    dispute   as  to   the 
boundary  line ;   they  pointed  out 
no    uncertainty,    but    contented 
themselves  by  saying  the  '  British 
Government  never  required  that 
all  that  portion  of  Massachusetts 
which    intervenes    between    the 
province  of  New  Brunswick  and 
Quebec  should  be  ceded  to  Great 
Britain,  but  only  that  small  por- 
tion of  territory  which  interrupts 
the  communication  between  Hali- 
fax  and    Quebec,    (there   being 
much  doubt  whether  it  does  not 
already  belong  to  Great  Britain.) ' 
Here  no  uncertainty  or  dispute  is 
pointed  out ;   they  do  not  once 
say  the  line  stops  at  Mars  Hill,  or 
any  other  point,  but  admit  that  it 
does  not,  by  invariably  asking  the 
territory,  or  a  communication  be- 
tween New  Brunswick  and  Que- 
bec, or  Halifax  and  Quebec,  as 
a  cession.   Instead  of  meeting  the 
proposition  of  the  American  Com- 
missioners, in  the  frankness  and 
candor  with  which  it  was  made, 
they  do  no  more  than  superadd  a 
doubt,  which   the  whole  corres- 
pondence shows  they  did  not  be- 


lieve, perhaps  with  a  glimmering 
hope  that  the  British  government 
might  find  some  daring  agent  who 
would  have  the  hardihood  to 
claim,  and  by  an  ingenious  sophis- 
try endeavor  to  maintain,  as  a 
right,  that  which,  from  their  con- 
victions of  right  and  justice,  they 
requested  only  as  a  session ;  some 
one  who  would  not  be  restrained, 
by  that  high  minded  and  honora- 
ble course,  which  ought  ever  to 
be  preserved,  to  maintain  the  re^ 
lations  of  peace  and  harmony  be- 
tween nations,  but  would  sacrifice 
every  consideration  of  that  kind 
to  acquire  a  temporary  advantage, 
regardless  of  its  future  results. 

After  the  British  had  taken  mili- 
tary possession  of  Castine,  and 
claimed  from  that  circumstance 
the  military  possession  of  the  ter- 
ritory of  the  State  of  Maine,  east 
of  Penobscot  river,  and  having 
altogether  failed,  even  in  the  pros- 
pect of  obtaining  any  part  of  the 
State  of  Maine  by  cession,  they 
change  their  proposition,  and,  to 
effect  the  same  object,  proposed 
the  principle  of  uti  possidetis,  as 
the  basis,  subject  to  such  modifi- 
cations as  mutual  convenience 
may  be  found  to  require.  To 
this  proposition,  the  American 
Commissioners  promptly  and  un- 
equivocally, as  they  had  done  on 
all  other  occasions,  refused  treat- 
ing *  on  the  principle  of  uti  possi- 
detis, or  upon  any  other  principle 
involving  a  cession  of  any  part  of 
the  territory  of  the  United  States. '^ 

Can  it  for  a  moment  be  sup- 
posed, that  when  the  British  Com- 
missioners so  often  requested  the 
territory  as  a  cession,  and  ex- 
pressed a  disposition  to  give  an 
equivalent,  if  it  would  be  receiv- 


120] 


ANNUAL  REGISTER,  1830—31. 


ed,  and  when  they  were  as  often 
and  peremptorily  denied,  on  the 
ground  of  total  want  of  authority 
to  cede,  that  it  was  the  intention 
of  the  Commissioners  to  do  any 
thing  more  than  to  provide  for 
the  survey  and  marking  of  the 
lines,  and  to  guard  against  any 
possible  difficulties  of  a  minor 
character,  such  as  the  variation  of 
the  needle,  or  the  precise  spot 
where  the  corner,  to  wit,  the 
northwest  angle  of  Nova  Scotia, 
should  be  fixed,  on  the  range  of 
highlands,  limiting  the  sources  of 
those  rivers  which  empty  them- 
selves into  the  river  St  Lawrence, 
or  some  other  possible  difficulties 
of  a  similar  character,  none  of 
which  would  vary  the  lines  ma- 
terially, or  in  any  important  de- 
gree, to  either  government?  When 
the  whole  is  fairly  and  candidly 
examined,  such  must  be  the  con- 
clusion. No  other  conclusion  can 
be  made,  unless  it  be  on  the 
ground  that  the  American  Com- 
missioners undertook  to  exercise 
a  power,  which  they  so  often  and 
explicitly  declared  to  the  British 
they  did  not  possess,  and  if  they 
did  exercise  a  pov/er  which  they 
did  not  possess,  their  acts  were 
not  obligatory  upon  the  govern- 
ment. 

A  careful  examination  of  the 
fifth  article  of  the  treaty  of  Ghent, 
does  not  involve  a  conclusion, 
that  the  Commissioners  departed 
from  the  powers  given  them, 
and  their  repeated  and  reiterated 
declarations.  The  part  of  the 
article  relating  to  the  point  un- 
der discussion,  is  as  follows : 
*  Whereas  neither  that  point  of 
the  highlands,  lying  due  north 
from  the  source  of  the  river  St 


Croix,  and  designated  in  a  former 
treaty  of  peace  between  the  two 
powers,  as  the  northwest  angle  of 
Nova  Scotia,  nor  the  northwest- 
ernmost  head  of  Connecticut  riv- 
er, has  yet  been  ascertained,  and 
whereas  that  part  of  the  boundary 
line  between  the  dominions  of  the 
two  powers,  which  extends  from 
the  source  of  the  river  St  Croix, 
directly  north,  to  the  abovemen- 
tioned  northwest  angle  of  Nova 
Scotia;  thence  along  the  said 
highlands  which  divide  those  riv- 
ers that  empty  themselves  into 
the  river  St  Lawrence,  from  those 
which  fall  into  the  Atlantic  Ocean, 
to  the  northwesternmost  head  of 
Connecticut  river,  thence  down 
along  the  middle  of  that  river  to 
the  fortyfifth  degree  of  north 
latitude  ;  thence,  by  a  line  due 
west  on  said  latitude,  until  it 
strikes  the  river  Iroquois  or  Cat- 
araguy,  has  not  yet  been  survey- 
ed ;  it  is  agreed  that,  from  these 
several  purposes,  two  Commis- 
sioners shall  be  appointed,  sworn 
and  authorized  to  act  exactly  in 
the  manner  directed,  with  respect 
to  those  mentioned  in  the  next 
preceding  article,  unless  otherwise 
specified  in  the  present  article. 
The  said  Commissioners  shall 
have  power  to  ascertain  and  de- 
termine the  points  abovemention- 
ed,  in  conformity  with  the  provis- 
ions of  the  said  treaty  of  peace, 
of  one  thousand  seven  hundred 
and  eightythree,  and  shall  cause 
the  boundary  aforesaid  to  be  sur- 
veyed and  marked  according  to 
the  said  provisions.  The  said 
Commissioners  shall  make  a  map 
of  said  boundary,  and  annex  it  to 
a  declaration  under  their  hands 
and  seals,  certifying  it  to  be  a  true 


PUBLIC  DOCUMENTS. 


[121 


map  of.  said  boundary,  and  partic- 
ularizing the  latitude  of  the  north- 
west angle  of  Nova  Scotia,  and 
of  the  northwesternmost  head  of 
Connecticut  river,  and  of  such 
other  points  of  said  boundary  as 
they  may  deem  proper.' 

Here  the  question  may  be  re- 
peated, has  Nova  Scotia  two 
northwest  angles  ?  or  an  ideal  one, 
placed  where  the  '  cupidity '  or 
the  interested  views  of  either  party 
may  dictate  ?  or  is  the  northwest 
angle  of  Nova  Scotia,  the  north- 
west angle  of  Nova  Scotia  as  es- 
tablished by  the  Crown  and  Gov- 
ernment of  Great  Britain,  adopted 
by  the  treaty  of  1783,  and  recog- 
nised in  the  discussions  by  the 
agents  under  the  fifth  article  of 
the  treaty  of  1794,  and  also  re- 
cognised by  all  subsequent  dis- 
cussions between  the  United  States 
and  Great  Britain  ?  It  cannot 
be  reasonably  supposed,  that  the 
Commissioners  had  any  other 
angle  in  view,  especially  as  the 
article  seems  to  recognise  and 
place  the  location  of  the  angle  on 
the  construction  of  the  treaty  of 
1783,  explained  as  it  was  by  the 
treaty  of  1794,  and  the  discus- 
sions under  that  treaty.  It  can- 
not be  supposed  that  the  British 
Commissioners  expected  to  gain, 
that  which  they  had  requested  as 
a  cession,  or  the  American  Com- 
missioners expected  to  lose  any- 
thing which  they  had  denied, 
from  the  language  used  and  ref- 
erences made  in  the  article  above 
quoted  ;  but  it  is  to  be  supposed, 
that  both  parties,  in  agreeing  to 
tlie  article,  limited  to  the  descrip- 
tion in  the  treaty  of  1783,  as  the 
same  had  been  defined,  and  the 
rights  of  the  parties  under  it  had 
U 


been  explained  by  direct  and 
implied  acknowledgements  of  its 
true  construction,  from  the  time 
of  its  adoption,  intended  simply  to 
provide  for  the  survey  and  mark- 
ing of  the  line.  No  other  con- 
clusion can  follow,  unless  it  be 
supposed,  that  the  highminded 
and  honorable  men,  who  nego- 
tiated the  treaty,  did  on  the  one 
part  resort  to  the  most  despicable 
chicanery,  and  the  other  to  a 
gross  and  palpable  violation  of  the 
power  and  authority  to  them  del- 
egated ;  neither  of  which  can  be 
true.  It  follows,  then,  that  to 
fulfil  this  article,  nothing  more 
was  required,  than  to  survey  and 
mark  the  lines,  and  that  the  diffi- 
culties which  could  arise,  if  any, 
were  of  minor  consequence,  not 
involving  in  any  event  but  a  trifling 
extent  of  territory,  and  of  litde 
importance  to  either  government, 
and  by  no  means  involving  the 
title  to  the  intervening  territory 
between  New  Brunswick  and 
Quebec,  which  had  often  been 
sought  as  a  cession,  to  secure  a 
direct  communication,  and  as  often 
denied. 

If  the  Agents  and  Commission- 
ers of  the  two  governments  have 
departed  from  this  plain  and  nat- 
ural interpretation  of  the  treaty, 
they  must  have  erred  from  causes 
which  are  creditable  to  neither. 
If  a  line  were  to  be  established, 
contrary  to  this  obvious  construc- 
tion, it  is  to  be  foreseen  that  the 
party  thus  deprived  of  its  rights, 
would  imbibe  a  spirit  not  to  be 
subdued,  and  which  would  seek 
its  redress  whenever  it  could,  at 
any  sacrifice.  If  the  British  col- 
onists were  to  be  governed  by 
their  true  interests,  they  would 


122] 


ANNUAL  REGISTER,  1830^31, 


not  endeavor  to  acquire  anything  the  State  and  National  govern- 
by  construction,  against  the  true  ments — Has  the  United  States 
and  common  sense  interpretation  any  constitutional  authority  to 
of  all  the  treaties,  because  in  that  cede  any  part  of  an  independent 
they  would  discover  the  germs  of  sovereignty  composing  one  of  its 
eternal  hostility.  members  ? 

If,  in  the  prosecution  of  the  The    Commissioners    of    the 

duties  under  this  article,  the  agent  United  States  who  negotiated  the. 


of  the  United  States  has  miscon- 
strued and  extended  its  applica- 
tion beyond  its  plain  and  obvious 
construction,  or  had  not  a  clear 
and  distinct  view  of  the  meaning 
of  the  terms  '  highlands  which  di- 
^  vide  the  waters^''  in  the  treaty  of 
1783,    or    was    bewildered    by 
mountains,  or  mountain  ranges, 
when  even  mole  hills  answer  the 
description  precisely,  if  they  do 
*  divide  the  waters   which   flow 
into  the  river  St  Lawrence  from 
those  which  fall  into  the  Atlantic,' 
and  if  the  British  agent,  in  the 
prosecution  of  his  duties,  under 
the  same  article,  has  pretended 
that  the  northwest  angle  of  Nova 
Scotia  is  at  Mars  Hill,  and  that 
the   line   of  the   United    States 
runs  southwestwardly   from  that 
point,  when  the  territory  extend- 
ing north,  northwest,  west,  and 
southwestwardly,  is  claimed  as  a 
part  of  the  ancient  province  of 
Nova  Scotia,  thereby  destroying 
the  northwest  angle  of  Nova  Sco- 
tia, which  had  been  established 
by  a  series  of  acts  of  the  British 
government,  and   acknowledged 
by  them  to  this  time,  and  substi- 
tuting therefor  a  southwest  angle, 
and,  if  from  the  course,  so  absurd 
and  preposterous  in  itself,  ingen- 
uity should  obtain  a   temporary 
triumph   over   right,  a   question 
will  arise,  growing  out  of  the  na- 


treaty  of  Ghent,  uniformly  deni- 
ed the  right  of  cession,  but  whe- 
ther they  founded  their  denial  on 
the  want  of  authority  in  the  in- 
structions given   them,  or   upon 
the    Constitution   of  the  United 
States,  is  not  perfectly  clear.     If 
upon  the  first,  they  adopted    a 
right  course;    if  upon  the  last, 
their  course   was  also  right ;  and 
there  must  be  perfect  harmony  of 
opinion,  because  either  principle 
preserves  the  rights  of  the  indi- 
vidual States.     On  this  subject  it 
may  be  important  to  consider  the  . 
object  and  nature  of  the  associa- 
tion of  the  States,  which  led  to 
the  adoption  of  the  Constitution. 
The  general  government,  which 
had  originated  in  the  oppression 
of  Great  Britain,   and  been  sus- 
tained by  the  pressure  of  an  ex- 
ternal enemy,  and  had  carried  the 
country   through  the  revolution, 
when  peace   was   restored,    was 
found  to  be  too  feeble  for  any 
valuable  purpose   to  the  States. 
Its  inherent  defects  had^  by  a  few 
years'  experience,   been  shown, 
and  the  States  for  want  of  general 
union  were  in  danger  of  degene- 
rating  and   falling  into  anarchy, 
and  of  becoming  a  prey  to  each 
other,  or  any  foreign  nation.  The 
independent  sovereignties  saw  the 
necessity   of  associating    anew ; 
which  they  did,  and  in  that  asso- 
ture  of,  and  the  organization  of  ciation  mutually  delegated  limit- 


PUBLIC  DOCUMENTS. 


[123 


ed  parts  of  their  sovereigQ  power 
for  the  greater  security  of  those 
retained. 

As  in  the  first  confederation 
mutual  defence  and  protection 
was  a  primary  object,  so  it  was  in 
the  last  confederation ;  a  mutual 
protection,  not  limited  to  the  per- 
sonal rights  of  individuals,  but  ex- 
tended to  the  full  and  free  exer- 
cise of  the  whole  sovereign  pow- 
er, not  delegated,  lO  the  extent 
of  the  territorial  jurisdiction  of 
the  State.  With  this  view  of  the 
object  of  the  confederation,  com- 
posed as  it  was  of  independent 
sovereignties,  it  cannot  be  sup- 
posed that  they  ever  intended  to 
give  to  the  general  government 
any  power  by  which  they  might 
be  destroyed  and  consolidated, 
or  by  which  even  their  rights  of 
sovereignty  and  jurisdiction  might 
be  abridged.  It  has  never  been 
pretended  that  Congress  has  the 
power  of  taking;  from  one  State 
and  giving  to  another,  or  to  incor- 
porate new  States  within  the  lim- 
its of  old  ones ;  nor  has  it  ever 
claimed  to  exercise  such  a  pow- 
er. The  most  it  has  ever  done, 
or  has  a  constitutional  right  to  do, 
has  been,  to  give  its  consent  to 
the  compact  made  between  the 
parties  immediately  interested, 
and  to  admit  the  new  State  into 
the  Union. 

If  Congress  do  possess  the 
power  of  ceding  any  portion  of 
an  independent  State,  they  pos- 
sess a  power  to  break  down  the 
State  sovereignties  by  which  they 
were  created,  and  at  their  plea- 
sure to  produce  a  consolidation 
of  those  sovereignties;  a  power 
which  was  never  delegated  or  in- 
tended.    If,  therefore,  the  Con- 


gress of  the  United  States  attempt 
to  exercise  such  a  power,  the 
State  thus  deprived  of,  or  limited 
in  its  rights  of  sovereignty,  must 
submit,  or  enforce  its  rights. 

The  rights  of  protection  in  the 
exercise  of  the  sovereign  power 
of  the  State  are  equal,  whether 
it  is  an  exterior  or  an  interior 
State,  and  Congress  can  have  no 
more  constitutional  right  to  take 
from  Maine  and  cede  to  New 
Brunswick,  than  they  have  to 
take  from  Virginia  a  part  of  her 
territory,  and  cede  it  to  North 
Carolina.  Congress  has  not  claim- 
ed to  exercise  such  a  power,  for 
the  construction  of  the  treaty  of 
Ghent  herein  before  given,  does 
not  involve  such  a  power,  unless 
from  a  misconstruction  of  its  pro- 
visions, limiting  as  it  does,  the 
whole  power  of  the  commission 
to  the  surveying  and  marking  of 
the  lines,  and  erecting  its  monu- 
ments, according  to  the  treaty  of 
1783. 

But,  it  will  at  once  be  seen, 
if  the  government  of  the  United 
States  yield  to  the  misconstruc- 
tions of  the  agents,  so  far  as  to  be 
endangered  by  the  result,  that  by 
the  misconstructions  of  the  one 
and  the  ingenuity  of  the  other, 
arising  from  a  strong  desire  to  ac- 
quire for  his  country  the  territory 
which  had  been  so  often  but  un- 
successfully sought  as  a  cession, 
and  by  its  final  result  the  lines  of 
the  State  of  Maine  are  materially 
changed,  she  will  be  as  much  dis- 
possessed of  her  territory  and 
sovereignty,  as  she  would  have 
been  by  a  direct  exercise  of  the 
power  of  cession.  The  one  mode, 
equally  with  the  other,  involves 
an   assumption   of  power  which 


124] 


ANNUAL  REGISTER,  1830—31. 


was  never  delegated.  If  such 
an  unfortunate  occurrence  ever 
arises,  from  any  cause,  the  duty 
which  the  State  owes  herself  and 
her  sister  republics  is  plain. 

While  it  is  the  duty,  as  well  as 
the  interest  of  individuals  as  well 
as  States,  to  yield  a  peaceable 
and  quite  obedience  to  every  ex- 
ercise of  constitutional  power  on 
the  part  of  the  government  of 
the  United  States,  it  is  equally 
their  duty  and  their^  interest,  to 
resist  all  encroachments  on  the 
rights  wh  ch  they  have  reserved. 
If  a  part  of  the  State  of  Maine 
should  be  surrendered  by  the 
government  of  the  United  States, 
either  by  a  direct  or  indirect  ex- 
ercise of  the  power  of  cession, 
it  will  then  be  a  duty  which  she 
owes  herself,  to  consider,  wheth- 
er she  has,  by  such  an  invasion  of 
her  rights,  lost  her  right  of  sove- 
reignty and  jurisdiction.  Such 
an  exercise  of  power  can  have  no 
obligatoiy  force ;  and  unless  Maine 
quietly  and  peaceably  submits,  it 
will  be  the  duty  of  the  States,  a 
duty  imposed  by  the  Federal 
Government,  to  afford  her  aid 
and  protection,  and  to  aid  her  in 
regaining  her  rights. 

From  the  provisional  treaty  of 
peace  in  1782  to  the  treaty  of 
Ghent,  for  a  period  of  more  than 
thirtytwo  years,  the  British  always 
conceded  our  tide  and  our  rights, 
whenever  the  subject  was  present- 
ed in  the  discussions  between 
them  and  the  United  States. 
Even  in  the  argument  of  the  Brit- 
ish Agent,  under  the  fourth  article 
of  the  treaty  of  Ghent,  delivered 
before  the  Commissioners  in  Sep- 
tember, 1817,  after  the  Board, 
under  the  fifth  article  of  the 
same  treaty,  and  the  agents  had 


made  their  agreement  for  a  sur- 
vey, he  unequivocally  admits  and 
shows  our  title.  He  says :  '  That 
the  northwest  angle  of  Nova  Sco- 
tia, mentioned  in  the  treaty  as  the 
commencing  point  in  the  boundary 
of  the  United  States,  is  the  north- 
west angle  of  the  said  Province 
of  Nova  Scotia,designated  in  the 
grant  to  Sir  William  Alexander  in 
1621,  subject  only  to  such  altera- 
tions as  was  occasioned  by  the 
rejection  of  the  Province  of  Que- 
bec, 1763.' 

Since  the  treaty  of  Ghent,  and 
the  entire  failure  on  the  part  of 
the  British  to  obtain  the  territo- 
ry by  cession  or  purchase,  and 
since  September,  1817,  they  have 
pretended  to  claim  it  as  a  right, 
and  do,  in  fact,  pretend  to  claim 
a  much  greater  extent  than  they 
had  ever  sought  by  way  of  ces- 
sion, by  extending  the  claim  much 
further,  south  and  west,  than  is 
necessary  to  seciu-e  a  communi- 
cation between  Halifax  and  Que- 
bec. 

The  idea  of  claim,  as  they  at 
present  make  it,  probably  origi- 
nated with  some  of  their  subjects 
in  the  provinces,  who,  having  a 
great  desire  to  hold  the  country, 
endeavored  to  stimulate  the  gov- 
ernment of  Great  Britain,  that 
she  might,  by  some  means,  be 
induced  to  obtain  it.  In  order  to 
show  the  origin  as  well  as  the 
substance  of  their  claim,  as  they 
now  make  it,  the  following  extract 
is  made  from  a  work  published 
a  little  before  the  organization 
of  the  commission  under  the  fifth 
article  of  the  treaty  of  Ghent, 
entitled  '  A  topographical  descrip- 
tion of  the  province  of  Lower 
Canada,  with  remaks  upon  Up- 
per Canada,  and  on  the  relation 


PUBLIC  DOCUMENTS. 


[125 


connexion  of  both  provinces,  with 
the  United  States  of  America: 
by  Joseph  Bouchette,  Surveyor 
General  of  Lower  Canada,  Col. 
C.  M.'  This  work  wa-  dedica- 
ted to  the  present  king,  George 
IV.,  then  Prince  Regent,  and  was 
accompanied  with  splendid  maps. 
Col.  BoLichette  was  attached  to 
the  commission  under  the  fifth 
article  of  the  treaty  of  Ghent,  at 
the  commencement,  as  Principal 
Surveyor  on  the  part  of  the 
British. 

He  says  :  '  The  height  of 
land  on  which  the  boundary  is 
supposed  to  pass,  runs  to  the 
northeast,  and  divides  the  waters 
that  fall  into  the  St  Lawrence 
from  those  flowing  into  the  Atlan- 
tic, and  which  height,  after  run- 
ning some  distance  upon  that 
course,  sends  off  a  branch  to  the 
eastward,  that  separates  the  head 
of  the  Thames,  falling  into  lake 
Temiscouata  and  river  St  John, 
and  by  that  channel  into  the  bay  of 
Fundy,  from  those  that  descend 
in  a  more  direct  course  to  the 
Atlantic. 

'  The  main  ridge  continuing 
its  notheasterly  direction,  is  in- 
tersected by  an  imaginary  line, 
prolonged  in  a  course  astronom- 
ically due  north  from  the  head  of 
the  river  St  Croix,  and  which 
ridge  is  supposed  to  be  the  boun- 
dary between  Lower  Canada  and 
the  United  States ;  at  least  such 
appears  to  be  the  way  in  which 
the  treaty  of  1783  is  construed 
by  the  American  Government, 
but  which  ought  to  be  more  fairly 
understood,  as  follows,  to  wit : 
That  the  astronomical  line,  run- 
ning north  from  the  St  Croix, 
should  extend  only  to  the  first 
11* 


easterly  ridge,  and  thence  run 
westerly  along  the  crest  of  the 
said  ridge  to  the  Connecticut, 
thereby  equitably  dividing  the 
waters  flowing  into  the  St  Law- 
rence from  those  that  empty  into 
the  Atlantic,  within  the  limits  of 
the  United  States,  and  those  that 
have  their  streams  within  the 
Biitish  province  of  New  Bruns- 
wick. It  is  important,  and  must 
always  have  been  in  contempla- 
tion, that  an  uninterrupted  com- 
munication and  connexion  should 
exist  between  all  his  Majesty's 
North  American  possessions  ;  but 
by  the  manner  in  w^hich  the  treaty 
is  insisted  upon  by  the  opposite 
party,  a  space  of  more  than  eighty- 
five  miles  would  be  placed  with- 
in the  American  limits,  by  which 
the  British  provinces  would  be 
completely  secured ;  it  would  also 
prove  the  inconvenience  of  hav- 
ing the  mail,  from  England  to 
Quebec,  carried  over  that  distance 
of  American  territory,  and  which 
may  be  deemed  either  a  matter 
of  indulgence,  or  complained  of 
as  an  encroachment,  according  to 
the  transfer  of  the  times.  Within 
this  tract  is  also  the  Madawaska 
settlement,  consisting  of  nearly 
two  hundred  families,  all  holding 
their  grants  from  the  British 
Government.  England,  at  all 
times  highminded  and  generous, 
never  shrinks  from  the  fulfilment 
of  her  engagements,  even  though 
from  the  want  of  political  acute- 
ness  in  the  persons  employed, 
they  may  have  been  formed  in  a 
manner  prejudicial  to  her  interests. 
But  at  the  same  time  she  has  a 
right  to  require  that  the  interpre- 
tation of  them  should  not  be  over- 
strained or  twisted   from  the  ob- 


126] 


ANNUAL  REGISTER,  JS30— 31. 


vious  meaning  and  intent,  by  a 
grasping  cupidity  after  a  few 
miles  of  country  which  could  b  e 
of  little  advantage  to  the  opposite 
party.' 

The  above  extract  has  been 
made,  because  it  shows  the  whole 
of  the  British  claim  as  they  have 
since  made  it,  as  well  as  the  sub- 
stance of  all  the  arguments  they 
hav^e  urged  in  its  support;  all 
which  has  since  been  done  by 
them,  whether  in  making  surveys, 
collecting  documents,  or  making 
arguments,  for  a  period  of  more 
than  five  years,  has  not  placed 
their  pretensions  in  a  stronger 
light.  If  subsequent  occurrences 
have  given  their  claim  any  addi- 
tional plausibility,  it  can  only  be 
attributed  to  the  agents  having 
transgressed  the  authority  given 
them  by  the  treaty,  and  discus- 
sed a  claim  which  was  not  sub- 
mitted. Here  it  is  wholly  un- 
necessary to  repeat  the  facts  and 
documents  herein  before  quoted 
or  referred  to — a  mere  recurrence 
to  them,  and  placing  them  in  op- 
position to  the  British  argument, 
shows,  to  use  no  harsher  term, 
its  total  absurdity. 

The  argument  seems  to  be  ad- 
dressed to  the  pride  of  the  Bridsh, 
and  the  vanity  of  the  Americans. 
As  it  relates  to  the  British,  the 
argument  has  had  its  effect ;  but 
as  it  relates  to  the  Americans,  it 
has  been  a  little  too  gross  to 
deceive.  If  the  discovery  had 
been  made  more  seasonably,  it 
might  have  acquired  a  temporary 
appearance  of  plausibility ;  but 
when  the  subject  had  come  be- 
fore Parliament,  and  had  also 
been  under  discussion  by  the 
commissioners  and  agents  of  the 


two  governments  ;  and  last  of  all, 
when  the  British  commissioners 
had  perse veringly  sought  the  ter- 
ritory, in  every  form  as  a  cession, 
from  seventeen  hundred  and 
eightytwo  to  eighteen  hundred 
and  fourteen,  a  period  of  thirty- 
tytwo  years,  the  argument  is  not 
calculated  to  deceive,  and  ill  ac- 
cords with  the  character  always 
'  high-minded  and  generous,  and 
which  never  shrinks  from  the  ful- 
filment of  its  engagements.' 

The  territory,  from  all  our 
researches,  never  has  been  claim- 
ed as  a  right  by  the  British  gov- 
ernment, or  any  of  its  commis- 
sioners or  agents,  undl  1817, 
after  the  commissioner  under  the 
fifth  ardcle  of  the  treaty  of  Ghent 
was  organized  ;  but,  on  the  con- 
trary, as  has  been  before  shown, 
the  right  has  always  been  con- 
ceded to  be  in  the  United  States. 
Now  their  claim,  stripped  of  its 
verbiage,  and  translated  into  plain 
language,  rests  on  this  plain  and 
simple  proposition — the  country 
lies  between  two  of  our  provinces  ; 
it  will  be  useful  to  us,  not  only 
by  facilitadng  communication,  but 
it  is  important  also  in  a  military 
point  of  view — we  could  not  ob- 
tain it  by  cession,  though  we  were 
willing  to  give  an  equivalent ;  but 
we  want  it,  and  w^e  will  have  it. 

The  State  of  Massachusetts, 
considering  her  right  of  sovereign- 
ty and  jurisdiction  co-extensive 
with  her  tide,  did  not  anticipate 
any  disturbance  or  intrusion,  and 
did  not  consider  herself  under  any 
necessity  of  cultivating  her  whole 
territory,  or  of  keeping  up  a  mili- 
tary force  for  its  protection  ;  rely- 
ing upon  the  good  faith  which 
had  appeared  to  manifest  itself  on 


PUBLIC  DOCUMENTS. 


[127 


the  part  of  the  British  in  the  ne- 
gotiations and  discussions  between 
them  and  the  United  iStates,  and 
presuming,  also,  that  the  British, 
whenever  diey  were  found  to  have 
crossed  her  lines,  would  disavow 
tlie  act  and  restore  the  country- — 
she  had,  from  time  to  time,  made 
grants  of  her  unappropriated  lands, 
as  the  same  were  sought  for  pub- 
lic and  private  purposes.  She 
early  granted  Mars  Hill  to  some 
of  the  soldiers  of  the  revolution. 

In  September,  1806,  Massa- 
chusetts conveyed  two  half  town- 
ships, one  to  Deerfield,  and  the 
other  to  Westfield  Academies,  ly- 
ing west  of  the  township  of  Mars 
Hill,  pursuant  to  a  survey  and 
plan  made  in  conformity  with  the 
provisions  of  a  resolve  which  had 
passed  some  time  before.  In 
December,  1807,  she  conveyed 
one  township  lying  on  both  sides 
of  the  Aroostook,  and  near  the 
meridian  line  from  the  source  of 
the  St  Croix,  according  to  a  se- 
lection, survey,  and  plan,  made 
under  a  resolve  passed  in  March, 
1806.  In  January,  1808,  she 
•conveyed  ten  thousand  acres  ly- 
ing west  of  the  aforesaid  township, 
and  on  both  sides  of  the  Aroos- 
took, pursuant  to  a  survey  and 
plan  made  under  a  resolve  of 
March,  1806.  Had  the  residue 
of  territory  been  applied  for,  she 
wonld  have  continued  granting  it, 
in  large  or  small  tracts,  until  she 
had  granted  the  whole,  provided 
the  object  of  the  grants  had  met 
her  approbation.  Hence  she  not 
only  exercised  sovereign  power 
co-extensive  with  her  title,  but 
also  indivrdual  acts  of  sovereign- 
ty, and  to  what  extent  she 
pleased. 


The  restrictive  system  adopted 
by  the  government  of  the  United 
States,  commencing  about  this 
period,  checked  the  general  busi- 
ness of  the  country,  and  at  the 
same  time  allayed  the  spirit  of 
improvement  and  settlement,  and 
entirely  put  a  stop  to  speculations 
in  wild  lands,  and  there  being  no , 
more  applications  for  grants  of 
wild  lands,  she  had  no  occasion 
to  make  them.  The  war  suc- 
ceeded, which  still  further  check- 
ed the  progress  of  improvement 
and  settlement,  and  several  years 
were  required  to  recover  from  the 
diversions  occasioned  by  it;  hence, 
from  a  coincidence  of  circum- 
stances, no  grants  were  made. 

Entertaining  no  suspicion  that 
any  claim  would  be  made  by  the 
British,  or  discussed  by  the  agents, 
inconsistent  with  everything  which 
had  transpired,  and  especially  in 
all  the  correspondence  which  had 
preceded,  and  in  the  treaty  of 
Ghent  itself,  she  could  have  had 
no  reason  to  presume  that  claims 
would  be  made  and  urged  which 
could  infringe  her  rights  of  sove- 
reignty and  jurisdiction.  Hence 
she  reposed  in  perfect  confidence, 
that  the  lines  would  be  run  and 
marked,  and  monuments  erected 
according  to  her  title,  as  it  had 
always  been  understood  by  her, 
and  conceded  by  the  British,  and 
therefore  made  no  inquiries  to  as- 
certain the  claims  urged,  or  the 
progress  of  the  commission.  In 
1819  she  passed  the  act  of  sepa- 
ration between  her  and  the  dis- 
trict of  Maine,  which  was  approv- 
ed by  Congress  the  next  session, 
and  Maine  was  admitted  into  the 
Union  as  an  independent  State. 
By  the  act  of  separation,  Massa- 


128] 


ANNUAL  REGISTER,  1830—31. 


chusetts  retained  the  fee  simple 
of  a  moiety  of  the  wild  lands,  but 
the  residue,  and  the  entire  sove- 
reignty and  jurisdiction,  was  vest- 
ed in  Maine.  Maine  having  thus 
become  an  independent  State, 
and  more  than  three  years  having 
elapsed  after  the  organization  of 
the  commission  under  the  fifth 
article  of  the  treaty  of  Ghent,  a 
time  more  than  sufficient  to  have 
performed  all  which  was  submit- 
ted, and  there  being  reports  that 
the  British  agent  was  vigilant,  and 
the  American  remiss,  and  that 
surveys  were  going  on  in  quarters 
wholly  unanticipated,  she  of  course 
became  anxious,  and  had  reason 
to  fear  the  subject  was  taking  a 
direction  never  in  the  contempla- 
tion of  the  Commissioners  who 
negotiated,  or  involved  in  the 
treaty  itself.  The  Governor  of 
tiie  State  noticed  the  subject  in 
the  first  message  which  was  de- 
livered June  2d,  1820,  to  both 
branches  of  the  Legislature.  He 
says :  '  What  progress  has  been 
made  under  the  fifth  article  of  the 
British  treaty  in  settling  the  east- 
em  boundary  of  the  State  against 
the  province  of  New  Brunswick, 
and  the  northern  boundary  against 
that  of  Lower  Canada,  I  am  un- 
able to  inform  you.  As  this  State 
and  Massachusetts  have  so  deep 
an  interest  in  the  settlement  of 
these  boundaries,  there  would 
seem  to  have  been  a  propriety  in 
the  agent  appointed  on  the  part 
of  the  United  States,  being  taken 
from  one  of  these  two  States. 
But  under  existing  circumstances 
you  will  consider  whether  the  in- 
terest of  the  State  does  not  re- 
quire from  you  the  adoption  of 
such   arrangements   as   are  best 


calculated  to  afford  the  present 
agent  such  information  in  relation 
to  this  important  subject,  as  the 
people  in  this  State  have  it  in 
their  power  to  give.' 

The  message  was  answered  on 
the  12th  of  June,  1820,  wherein 
it  was  among  other  things  resolv- 
ed, '  That  the  Governor  of  this 
State  be  requested  to  transmit  to 
the  President  of  the  United  States, 
a  copy  of  the  resolve,  accom- 
panied with  such  representations 
in  relation  to  this  subject,  as  he 
shall  think  proper,  and  best  cal- 
culated to  effect  the  object.'  The 
request  was  complied  widi  by  the 
Governor,  who,  in  July,  1820, 
transmitted  a  copy  of  the  resolve 
to  the  President,  and  among  other 
things  observed  to  him  :  '  When 
it  is  considered  that  Massachu- 
setts and  Maine  have  the  right  of 
soil,  that  Maine  has  also  a  State 
jurisdiction,  that  the  people  here 
have  not  the  honor  of  an  acquaint- 
ance either  with  the  commission- 
er or  agent,  and  have  not  been 
advised  of  any  reason  for  the  de- 
lay to  the  present  time,  it  will  not 
be  considered  a  matter  of  sur- 
prise that  their  extreme  solicitude 
should  be  such  as  to  render  de- 
sirable, information  on  the  subject 
so  generally  interesting.' 

'  It  is  not  unknown  to  the  peo- 
ple of  this  State  that  the  British 
agent  has  been  very  attentive  to 
the  business  in  which  he  has  been 
engaged,  and  that  he  has  caused 
the  country  near  the  lines  to  be 
examined  and  explored  in  the 
most  particular  manner  ;  while  it 
is  not  understood  that  compara- 
tively any  thing  has  been  done  on 
the  part  of  the  American  agent. 
With  impressions  such  as  these, 


PUBLIC  DOCUMENTS. 


[12^ 


the  boundary  being  an  extensive 
one,  it  would  be  highly  satisfactory 
to  the  people  of  this  State,  should 
it  comport  with  the  views  of  the 
Executive  of  the  United  States, 
to  designate  a  person  to  assist  the 
present  agent  in  his  important  du- 
ties, that  the  boundary  may  not 
only  be  more  expeditiously,  but 
more  satisfactorily  adjusted.' 

The  substance  of  the  reply 
which  was  made,  appeared  in  the 
next  message  of  the  Governor. 

This  year,  in  the  exercise  of 
their  general  powers  of  sovereign- 
ty and  jurisdiction,  the  Marshal 
of  Maine,  under  a  law  of  the 
United  States,  took  the  census 
of  the  inhabitants  settled  on  the 
St  John  river,  and  its  tributary 
streams  west  of  the  meridian  line 
from  the  monument  at  the  source 
of  the  St  Croix,  and  the  south 
line  of  the  province  of  Quebec, 
or  Lower  Canada. 

In  the  autumn  of  the  year  1820, 
an  agent  was  sent  by  the  Gover- 
nor and  Council  to  explore  the 
public  lands  upon  the  St  John, 
and  its  branches  west  of  the  me- 
ridian line  from  the  monument; 
which  service  he  perfornoed. 

The  Governor  again,  in  his  mes- 
sage, which  was  delivered  January 
11,  1821,  to  both  branches  of  the 
Legislature,  called  their  attention 
to  the  subject  of  the  preservation 
of  the  timber  on  the  public  lands  ; 
and  after  enumerating  several 
places  as  the  scenes  of  depreda- 
tions, says — *  It  appears  that  tres- 
passes within  our  acknowledged 
territory,  particularly  on  the  rivers 
Aroostook,  De  Chute,  Presquille, 
and  Meduxnekeag,  committed  by 
persons  residing  in  the  British 
provinces,  are  very  great.     Ac- 


cordingly, arrangements  have  late- 
ly been  adopted  with  a  view  to 
prevent  such  predatory  incursions 
in  future.' 

He  also  states  that  he  forwarded 
the  resolve  of  the  prior  session  of 
the  Legislature  to  the  President 
and  Secretary,  transmitted  a  copy 
of  the  same  to  the  American  Com- 
missioners, who,  in  reply,  '  gave 
a  reasonable  ground  of  expecta- 
tion that  the  final  decision  of  the 
points  in  controversy  respecting 
those  lines  would  have  been  made 
in  October  last' — and  from*  in- 
formation, obtained  from  other 
sources,  adds — '  All  reasonable 
hope  of  a  speedy  adjustment  seems 
therefore  to  have  vanished.' 

The  Governor  after  having  re- 
ceived information  that  British 
subjects  were  trespassing  on  the 
timber  lands  of  Maine  and  Mas- 
sachusetts, on  the  Aroostook,  ap- 
pointed Benjamin  J.  Porter,  Es- 
quire, with  the  advice  of  Council, 
to  proceed  immediately  to  that 
place,  and  to  notify  the  persons 
whom  he  should  find  trespassing 
on  the  timber  lands  aforesaid, 
west  of  the  line  which  had  been 
run  by  order  of  the  Commission- 
ers appointed  by  the  United 
States  and  Great  Britain,  from 
the  monument  at  the  source  of 
the  St  Croix  to  the  line  of  the 
province  of  Lower  Canada,  that 
if  they  would  pay  a  proper  con- 
sideration for  the  timber  they  had 
cut,  and  desist  from  any  further 
depredation  on  that  part  of  our 
territory,  he  was  authorized  to 
settle  with  them  on  those  princi- 
ples ;  but  if  they  declined,  he  was 
directed  to  proceed  to  Houlton 
plantation,  and  adopt  the  neces- 
sary measures,   and  obtain  such 


130] 


ANNUAL  REGISTER,  1830—31. 


assistance  as,  in  his  judgment, 
would  be  required  to  take  the 
trespassers  and  their  teams,  and 
bring  them  to  Houlton  plantation, 
and  there  keep  them  until  the 
Executive  could  be  advised  of  the 
measures  adopted. 

The  agent  thus  appointed  and 
instructed  proceeded  to  the  Aroos- 
took, and  found  British  subjects 
trespassing  there,  with  whom  he 
settled,  and  received  also  the  as- 
surances required,  that  they  would 
^  not  return,  and  would  desist  from 
cutting  the  timber. 

The  efforts  thus  far  made,  not 
having  produced  the  intended  re- 
sults, the  Legislature,  January  16, 
1822,  passed  a  resolve  requesting 
the  Senators  and  Representatives 
of  this  State  in  the  Congress  of 
the  United  States,  to  collect  in- 
formation touching  the  causes  of 
the  differences  between  the  Amer- 
ican and  British  Commissioners 
under  the  Treaty  of  Ghent,  re- 
specting the  boundary  line  be- 
tween this  State  and  the  British 
provinces  of  Lower  Canada  and 
Nova  Scotia,  and  the  extent  and 
nature  of  the  claims  set  up  by  the 
said  British  Commissioners.  The 
resolve  was  duly  communicated. 
No  progress  was,  however,  made, 
and  the  object  of  the  resolve  was 
not  answered.  In  February,  1822, 
an  agent  was  appointed  with  full 
power  to  prevent  trespassing  up- 
on the  timber  in  the  public  lands, 
on  the  Aroostook,  Maduxnekeag, 
and  Presquilla  rivers,  and  their 
branches  west  of  the  meridian  line 
from  the  monument ;  and  he  en- 
tered immediately  upon  the  du- 
ties of  his  agency,  and  visited  the 
places  required,  and  accomplished 
the  objects  of  his  appointment. 


The  subject  is  again  recurred  to, 
January  10,  1824,  by  the  Gover- 
nor in  his  message,  which  led  to 
no  specific  act  on  the  part  of  the 
Legislature.  January  7,  1825, 
the  Governor  again  calls  the  at- 
tention of  the  Legislature  to  the 
subject  of  the  northeastern  boun- 
dary ;  stating,  also,  that  he 
had  understood,  from  respectable 
sources,  that  depredations  had 
been  committed  on  our  timber 
lands,  on  the  Ai'oostook  and  Ma- 
dawaska,  and  other  streams  emp- 
tying into  the  St  John ;  and  that 
unless  energetic  measures  are 
speedily  adopted  on  the  part  of 
the  State,  our  valuable  timber  in 
that  region  will  be  soon  destroy- 
ed ;  and  that,  from  the  represen- 
tations, the  depredations  were 
committed  by  British  subjects. 

This  led  to  an  investigation,  as 
far  as  the  limited  means  possessed 
by  the  Government  of  this  State 
permitted,  and  a  resolve  passed 
January  24,  1825,  among  other 
things  requesting  the  Governor  of 
this  State  to  correspond  with  the 
Governor  of  the  province  of  New 
Brunswick,  relative  to  the  depre- 
dations which  had  been  committed 
by  British  subjects  on  the  timber 
on  the  public  lands  of  this  State, 
west  of  the  boundary  line  between 
this  State  and  the  province  of  New 
Brunswick,  as  heretofore  recog- 
nised, and  to  ascertain  whether 
that  government  had  authorized 
any  persons  to  cut  timber  upon 
these  lands  or  to  setde  thereon. 

The  land  agent  of  Maine  was 
instructed,  in  conjunction  with 
such  person  as  should  be  desig- 
nated by  Massachusetts,  or  if  none 
should  be  appointed,  without  that 
agent,  forthwith  to  take  effectual 


PUBLIC  DOCUMENTS. 


[131 


measures  to  ascertain  the  extent 
of  the  depredations  on  the  lands 
belonging  to  this  State  and  Mas- 
sachusetts, or  on  lands  belonging 
to  this  State  ;  by  whom  the  same 
have  been  committed,  and  under 
what  authority,  if  any,  such  depre- 
dations were  committed. 

The  Governor  was  also  request- 
ed to  forward  each  of  the  Sena- 
tors and  Representatives  in  Con- 
gress from  this  State,  a  copy  of 
the  report  of  the  Committee  on 
the  part  of  the  Governor's  mes- 
saage  relative  to  depredations  on 
the  public  lands,  and  of  the  Re- 
solves, and  also  to  request  them 
to  take  the  necessary  measures 
to  obtain  an  early  adjustment  of 
the  northeastern  boundary  of  this 
State. 

The  Governor  enclosed  and 
forwarded  the  same  onr  the  25th 
of  January,  1825.  During  the 
same  session  of  the  Legislature, 
February  22d,  1825,  they  passed 
a  Resolve  respecting  the  setders 
on  the  St  John  and  Madawaska 
rivers :  '  Whereas  there  are  a 
number  of  settlers  on  the  undivid- 
ed public  lands  on  the  St  John 
:and  Madawaska  rivers,  many  of 
whom  have  resided  thereon  for 
more  than  thirty  years  ;  therefore, 
resolved,  That  the  land  agent  of 
this  State,  in  conjunction  with 
such  agent  as  may  be  appointed 
for  that  purpose,  on  the  part  of 
Massachusetts,  be,  and  he  is 
hereby  authorized  and  directed 
to  make  and  execute  good  and 
sufficient  deeds,  conveying  to  such 
settlers  in  actual  possession,  as 
aforesaid,  their  heirs  and  assigns, 
one  hundred  acres  each,  of  land, 
by  them  possessed,  to  include  the 
improvements  on  their  respective 


lots,  they  paying  the  said  agent 
for  the  use  of  the  State,  five  dol- 
lars each,  and  the  expense  of  sur- 
veying the  same.' 

The  Commonwealth  of  Massa- 
chusetts, June  11,  1825,  did  pro- 
vide, by  Resolve,  among  other 
things — '  Whereas  there  are  a 
number  of  settlers  on  the  St  John 
and  Madawaska  rivers,  many  of 
whom  have  resided  there  more 
than  thirty  ytears,  therefore.  Re- 
solved, That  the  land  agent  of 
this  Commonwealth,  in  conjunc- 
tion with  such  agent  as  has  been 
or  may  be  appointed  for  that  pur- 
pose on  the  part  of  the  State  of 
Maine,  be,  and  the  same  is  here- 
by authorized  and  directed  to 
make  good  and  sufficient  deeds, 
conveying  to  such  settlers  in  ac- 
tual possession,  as  aforesaid,  their 
heirs  and  assigns,  one  hundred 
acres  each,  of  land,  by  them  pos- 
sessed, to  include  their  improve- 
ments on  their  respective  lots, 
they  paying  to  the  said  agent,  for 
the  use  of  this  Commonwealth, 
five  dollars  each,  and  the  expense 
of  surveying  the  same.' 

The  agents  thus  authorized,^ 
did,  in  the  autumn  of  that  year^ 
proceed  up  the  St  John  to  th« 
Madawaska  settlement,  and  thence 
to  the  mouth  of  the  Maryumpti- 
cook,  and  surveyed,  and  convey- 
ed, two  lots  of  land,  on  the  3d  of 
October,  to  John  Baker  and 
James  Bacon,  citizens  of  this 
State.  They  had  setded  above 
the  French  neutrals  on  the  St 
John  and  its  waters ;  and  at  the 
time  when  the  setUements  on  the 
lots  were  commenced,  there  was 
no  settlement  within  several  miles 
of  them.  They  also  posted  up 
notices,  stating  their  authority,  and 


182] 


ANNUAL  REGISTER,  1830—31. 


proposing  to  give  deeds,  accord- 
ing to  the  Resolves  under  which 
they  acted. 

This  year  Maine  and  Massa- 
chusetts, in  continuing  their  sur- 
veys of  the  undivided  lands,  sur- 
veyed all  which  had  not  been 
previously  done,  and  conveyed 
two  ranges  of  townships  on  the 
meridian  line,  running  north  from 
the  monument  at  the  source  of 
the  St  Croix,  and  above  Mars 
Hill,  to  a  place  within  a  few  miles 
of  the  river  St  John.  The  two 
grants  of  Massachusetts,  made  In 
December,  1807,  to  the  town  of 
Plymouth,  and  in  January,  1808, 
to  William  Eaton,  on  the  river 
Aroostook,  according  to  surveys 
made  in  1807,  compose  a  part  of 
the  ranges. 

In  a  letter  bearing  date  May 
23,  1825,  from  the  British  minis- 
ter at  Washington,  to  the  Secre- 
tary of  the  State  of  the  United 
States,  in  answer  to  his  of  the 
27th  March  preceding,  complain- 
ing of  the  encroachments  of  the 
inhabitants  of  New  Brunswick, 
committed  upon  lands  of  Maine 
and  Massachusetts,  in  cutting  and 
carrying  away  timber  within  the 
boundaries  of  those  States — and 
the  places  where  the  trespasses 
were  committed,  were  also  des- 
cribed in  the  accompanying  pa- 
pers, to  be  on  the  Aroostook  and 
Madawaska  rivers. 

The  British  Minister  in  reply, 
states,  that  he  had  made  inquiries 
of  Sir  Howard  Douglass,  the 
Governor  of  New  Brunswick, 
and  had  been  assured  by  him, 
that  the  charge,  as  far  as  the 
Government  of  the  provinces  was 
concerned,  was  unfounded,  and 
that  he  should  use  his  best  en- 


deavors to  put  a  stop  to  practises 
in  diemselves  so  disgraceful.  It 
was  further  stated  by  Sir  How- 
ard, '  that  in  assuming  the  Gov- 
ernment of  New  Brunswick,  he 
found  that  licenses  to  cut  timber, 
and  other  acts  of  sovereignty,  had 
long  been  exercised  on  the  part 
of  Great  Britain  over  certain 
tracts  of  land  in  which  the  Bis- 
took,'  (Aroostook)  '  and  Mada- 
waska were  included,  heretofore 
well  understood  to  belong  to 
New  Brunswick,  but  subsequent- 
ly claimed  by  the  Commissioners 
of  the  United  States  appointed  to 
negotiate  with  the  British  Com- 
missioners for  adjusting  the  boun- 
dary line  of  the  respective  prov- 
inces :  to  these  claims  no  dispo- 
sition was  ever  shown,  on  the  part 
of  Great  Britain,  to  accede.' 

It  is  not  supposed  that  Sir 
Howard  intended  to  misrepresent 
facts,  because  it  would  be  entirely 
inconsistent  with  the  honorable 
character  which  he  is  supposed 
to  sustain  ;  but  acquitted  of  that 
charge,  his  representations  must 
be  attributed  to  ignorance  of  the 
subject,  or  want  of  research  into 
the  premises.  Compare  the  his- 
tory of  the  negotiation  of  the  pro- 
visional treaty  of  peace  in  1782, 
the  doings  of  the  Commissioners 
under  the  fifth  article  of  the  treaty 
of  1794 — more  especially  the  ar- 
gument of  the  British  agent,  and 
all  the  correspondence  which  pre- 
ceded the  treaty  of  Ghent,  where- 
in the  British  Commissioners  so 
often  and  so  repeatedly  ask  the 
country,  in  which  the  Madawaska 
settlement  is  included,  as  a  ces- 
sion, and  are  so  often  denied  by 
the  American  Commissioners,  on 
the  ground  that  they  possess  no 


PUBLIC  DOCUMENTS. 


authority  to  make  a  cession,  and 
no  further  comment  is  necessary 
to  show  the  falsity  of  his  repre- 
sentations. 

It  is  further  said  by  Sir  How- 
ard :  '  In  fact,  by  a  reference  to 
documents  in  the  possession  of 
the  British  Colonial  Department, 
it  appears  that  the  settlement  at 
Madawaska,  in  the  province  of 
New  Brunswick,  was  made  un- 
der a  grant  from  the  Crown  up- 
wards of  thirty  years  ago  :  so 
late  as  the  year  1810  no  claim 
had  been  advanced  by  the  United 
States,  although  the  settlement 
had  been  established  at  the  time 
for  upwards  of  twenty  years,  un- 
der a  grant  from  the  Government 
of  New  Brunswick,  and  had  been 
constantly  designated  the  Mada- 
waska setdement.' 

Admitting  the  fact,  as  to  the 
antiquity  of  the  setdement,  to  be 
as  stated,  giving  the  utmost  ex- 
tent to  both  modes  of  expression, 
it  commenced  under  grants  about 
the  year  1790,  long  after  the 
treaty  of  1 783.  Unless  the  grants 
were  within  the  province  of  Nova 
Scotia,  they  were  intrusions. — 
That  they  were  not  within  die  pro- 
vince, abundantly  appears  from 
all  the  documents  before  quoted 
in  relation  to  the  boundaries.  No 
valid  claim  of  national  sovereignty 
can  be  based  on  such  acts,  in  the 
forum  of  honor,  conscience,  or 
law.  And  no  jurisdiction  can, 
with  any  semblance  of  propriety, 
be  claimed  beyond  the  actual 
possession.  It  cannot  without 
violating  the  acknowledged  prin- 
ciples, in  such  cases,  be  extended 
by  construction.  If  such  were 
the  facts,  and  the  settlements  had 
been  made  as  early  as  1790 — if 
12 


[133 


the  British  considered  that  they 
had  any  claim  to  the  territory  on 
that  account,  it  is  extraordinary 
that  they  should  have  been  en- 
tiiely  overlooked  by  the  govern- 
ment, its  ministers  and  commis- 
sioners, and  never  have  been  dis- 
covered until  1817,  or  since  that 
time  ;  more  especially,  when  the 
treaty  of  1794,  and   the  discus- 
sions under  the  fifth  article  of  it, 
wherein  it  was  conceded,  that  the 
line  due  north  from  the  source  of 
the  St  Croix,  wherever  it  should 
be   established,   crossed   the    St 
John,  to  the  line  of  the  govern- 
ment of  Quebec,  and  by  a  refer- 
ence to  the  map,  it  will  at  once 
be  seen,  that  had  the  most  west- 
erly point   been  adopted  which 
the  British  agent  contended  for, 
that   the   Madawaska  settlement 
is  west  of  the  meridian,  and  at  all 
events  within  the  United  States. 
When  also  the  subject  of  survey- 
ing the  boundaries  had  been  dis- 
cussed on  several  occasions  be- 
tween that  time  and  the  treaty  of 
Ghent,  and  when  also  during  the 
whole  discussion  which  led  to  the 
treaty  of  Ghent,  that  territory  is 
sought   as   a   cession,  and   with 
great  perseverance,  by  a  resort 
to  every  mode  which  circumstan- 
ces or  dieir  own  ingenuity  sug- 
gested. 

But  the  facts,  as  stated,  are 
not  admitted ;  the  settlement  at 
Madawaska  did  not  succeed,  but 
had  preceded  many  years,  grants 
which  Sir  Howard  states,  and 
therefore  cannot  be  said  to  be 
made  under  the  grants.  The 
settlement  was  made  principally 
by  French  neutrals,  whose  ances- 
tors had  lived  near  the  bay  of 
Fundy  previous  to  the  American 


134] 


ANNUAL  REGISTER,  1830—31. 


revolution.  They,  to  avoid  the 
British  laws,  moved  up  the  river 
St  John  to  a  place  called  St  Ann§, 
now  Frederickton.  After  the 
close  of  the  war,  when  the  Brit- 
ish established  a  town  and  military 
post  at  that  place,  and  circum- 
scribed them  in  their  quarters, 
stimulated  by  their  repugnance  to 
the  British,  and  desirous  of  living 
under  their  own  regulations — they 
pursued  their  course  up  the  river, 
and  established  themselves  at 
Madawaska,  where  they  lived 
many  years  probably  entirely  un- 
known to  the  world.  Some  of 
their  countrymen  joined  them 
from  Canada.  If  the  settlers  or 
some  of  them  now  have  grants 
from  the  province  of  New  Bruns- 
wick, the  reason  for  making  such 
grants  does  not  now  appear.  The 
intention  of  the  Government  can 
be  inferred  only  from  the  facts 
disclosed ;  from  which  it  most 
clearly  follows,  that  they  did  not, 
by  the  intrusion,  consider  them- 
selves as  extending  their  rights  of 
property  or  jurisdiction,  not  hav- 
ing stated  the  fact  for  that  pur- 
pose until  long  since  the  treaty  of. 
Ghent.  If  the  fact  had  been  re  • 
lied  on  by  them  as  giving  any 
claim,  the  ministers  who  ne- 
gotiated the  treaty  of  Ghent, 
while  they  were  endeavoring  by 
every  means  in  their  power  to 
obtain  the  territory  in  which  the 
Madawaska  settlement  is  situated, 
by  cession,  would  not  have  been 
guilty  of  the  omission. 

Sir  Howard  still  further  says : 
*  With  regard  to  the  timber  cut 
by  British  subjects  on  the  river 
Bistook,  (Aroostook,)  the  very 
icircumstance  of  its  having  been 
seized  by  JMr  Porter,  of  the  State 


of  Maine,  proves  that  the  inhab- 
itants of  that  State  consider  them- 
selves as  at  full  liberty  to  appro- 
priate all  the  timber  in  that  dis- 
trict to  their  own  use.  In  truth, 
that  territory  is  especially  repre- 
sented by  the  Senate  of  Maine, 
as  lying  within  the  acknowledged 
boundaries  of  that  State.  Now, 
this  is  notoriously  not  the  fact  5 
the  British  Government  contend 
that  the  northern  boundary  line 
of  the  United  States,  running 
from  the  source  of  the  river  St 
Croix  to  the  highlands,  is  termin- 
ated at  Mars  Hill,  which  lies  at 
the  southwest  of  the  Bistook, 
(Aroostook,)  at  least  therefore 
the  British  territory  declared  to 
be  the  undoubted  property  of  the 
State  of  Maine,  is  but  a  point 
in  abeyance.  Both  parties  claim, 
and  it  appears,  have  exercised  an 
equal  right  over  it.' 

That  the  British  pretended  any 
claim  to  the  territory  to  the  west- 
ward of  the  meridian  line  from 
the  source  of  the  St  Croix,  and 
southerly  of  the  line  of  the  prov- 
ince of  Quebec  or  Lower  Canada, 
was  totally  unknown  to  the  United 
States  until  long  after  the  treaty 
of  Ghent,  and  it  seems  to  have 
been  equally  unkno^vn  to  the 
British.  The  observation,  'This 
was  notoriously  not  the  fact,'  can 
only  apply  to  a  period  subse- 
quent to  the  treaty  ;  when  it  had 
been  deemed  proper  by  individ- 
uals and  the  subordinate  agents 
of  the  British  Government,  to  ac- 
quire by  some  means  the  territory 
which  they  could  not  demand  as  a 
right.  The  observation  above 
does  not  appear  to  be  true,  from 
anything  which  had  transpired,  of 
a  public  character,  between  the 


PUBLIC  DOCUMENTS. 


[IS.'J 


American  and  British  Govern- 
ments. Such  pretended  and  un- 
founded claims  could  not  have 
been,  and  were  not  anticipated. 
But  after  all  the  pretensions,  the 
claim  and  exercise  of  right,  he 
admits  to  be  equal,  which  is 
extraordinary,  when  the  whole 
is  taken  into  consideration,  and 
contrasted  with  the  recent  origin 
of  and  bold  assumptions  on  which 
they  are  founded. 

It  has  already  been  shown,  that 
Massachusetts  has  made  several 
grants  before  1808,  some  of  which 
were  on  the  Aroostook,  near  the 
meridian  line,  from  the  monument 
at  the  source  of  the  river  St  Croix, 
and  that  she  and  Maine,  had  in 
addition  to  their  general  jurisdic- 
tion, exercised  all  necessary  acts 
of  particular  jurisdiction.  And 
the  British  subjects  found  there, 
committing  depredations  on  the 
timber,  by  Mr  Porter,  were  there 
as  mere  trespassers  not  claiming 
any  right  or  authority  from  any 
source.  It  was  not  until  long 
after  this  period,  that  any  persons 
were  there  under  licenses  from 
the  province  of  New  Brunswick, 
which  caused  the  mention  of  it 
in  the  Governor's  message  in 
January,  1825.  The  British 
claim,  as  they  make  it,  is  even 
void  of  plausibility  ;  they  ought 
not  to  have  claimed  the  territory 
upon  the  Bistook,  (Aroostook) 
and  upper  part  of  the  St  John 
and  its  tributary  streams,  as  a  part 
of  the  ancient  province  of  Nova 
Scotia  ;  but  they  ought  to  have 
continued  the  line  from  Mars 
Hill,  eastward  to  the  bay  of  Chal- 
eurs,  and  have  insisted  that  that 
was  the  northern  line ;  thereby 
yielding  a  part  of  Nova  Scotia, 


and  hav3  left  the  upper  part  of 
the  St  John  and  its  tributaries, 
and  the  Restigouche  river,  in  the 
province  of  Quebec  or  Lower 
Canada ;  and  if  by  that  means, 
they  had  violated  one  of  their  fa- 
vorite principles  of  exposition,  to 
wit,  that  the  province  which  has 
the  mouth,  ought  also  to  have  the 
sources  of  the  river,  still  the 
whole  would  have  been  within 
the  general  sovereignty  of  Great 
Britain,  one  province  only  gaining 
more  than  the  other  lost.  Yet 
such  a  claim,  though  more  plajLis- 
ible,  by  relieving  them  from  the 
solecism  of  destroying  the  north- 
west angle,  or  rather  converting 
the  northwest  angle  of  Nova  Sco- 
tia into  a  southwest  angle,  which 
can  only  be  arrived  at,  by  running^ 
first  north  for  more  than  forty 
miles  from  the  monument,  at  the 
source  of  the  river  St  Croix,  and 
then  southwesterly  for  more  than 
one  hundred  miles,  would  have 
been  no  better,  nor  would  it  be 
based  on  a  more  solid  or  substan- 
tial authority. 

The  British  minister  than  ob- 
serves ;  *  The  Governor  of  New 
Brunswick  informs  me,  he  does 
not  consider  himself  at  liberty  to 
alter,  in  any  way,  the  existing 
state  of  things,  as  far  as  regards 
the  district  abovementioned,  but 
he  assures  me  that  he  will  take 
especial  care  to  keep  well  within 
the  limits  of  the  line  of  duty^ 
marked  out  for  him ;  and  con- 
sidering the  shape  which  this  ques- 
tion is  now  assuming,  he  will  feel 
it  imperative  on  him  to  apply 
immediately  for  still  more  precise 
instructions  for  guidance  of  his 
conduct  in  a  matter  of  so  much 
delicacy.' 


13&] 


ANNUAL  REGISTER,  1830—31. 


More  notice  has  been  taken 
of  the  foregoing  letter  than  its 
importance  otherwise  demanded, 
on  account  of  its  being  the  first 
document  of  an  official  character 
in  the  archives  of  this  State,  which 
goes  to  show  the  British  claim  as 
it  had  been  made  by  their  agent 
under  the  fifth  article  of  the  treaty 
of  Ghent. 

The  Secretary  of  State,  No- 
vember 25th,  1825,  wrote  to  the 
Governor  of  this  State,  enclosing 
a  copy  of  a  note  from  the  British 
Minister  to  him,  and  a  copy  of  a 
note  from  Sir  Howard  Douglass 
to  the  British  Minister.  On  the 
25th  of  December,  1825,  the 
Governor  of  this  State  transmitted 
to  the  Secretary  of  State  of  the 
United  States,  a  letter,  with  a 
copy  of  the  resolve  of  this  State, 
respecting  the  settlers  on  the  St 
John  and  the  Madawaska  rivers, 
under  which  the  agent  of  the  State 
acted — a  copy  of  the  resolve  of 
the  Legislature  of  Massachusetts, 
respecting  the  same — also  the  re- 
port of  the  land  agent  of  Maine, 
detailing  particularly  the  transac- 
tions of  the  two  agents  under 
said  resolves. — From  which  re- 
port it  appears  that  the  land  agents 
had  pursued  the  authority,  given 
them  by  the  resolves,  and  had 
not  done  some  of  the  acts  com- 
plained of  by  the  British. 

The  subject  of  the  northeast- 
em  boundary  was  again  noticed 
by  the  Governor  in  his  message  to 
both  branches  of  the  Legislature, 
the  7th  January,  1826,  which  was 
answered  by  the  Legislature  in  a 
report  on  the  17th  January,  and 
a  resolve  on  the  26th  of  January 
of  the  same  year.  *  That  the 
Governor,  for  the  time  being,  be 
authorized  and  requested,  to  take 


such  measures  as  he  may  think 
expedient  and  effectual,  to  pro- 
cure for  the  use  of  the  State, 
copies  of  all  such  maps,  docu- 
ments, publications,  papers  and 
surveys,  relating  to  the  northeast- 
em  boundary  of  the  United  States, 
described  in  the  treaty  of  1783, 
and  such  other  information  on  that 
subject  as  he  may  deem  necessary 
and  useful  for  this  State  to  be 
possessed  of.' 

'That  the  Governor  of  this 
State,  in  conjunction  with  the 
Governor  of  Massachusetts,  (pro- 
vided the  said  Commonwealth 
shall  concur  in  the  measure,)  be 
authorized  to  cause  the  eastern 
and  northeastern  lines  of  the  State 
of  Maine  be  explored,  and  the 
monuments  upon  these  lines, 
mentioned  in  the  treaty  of  1783^ 
to  be  ascertained  in  such  a  man- 
ner as  may  be  deemed  most 
ex})edient.' 

The  surveys  of  the  unappro- 
priated lands  of  Maine  and  Mas- 
sachusetts, were  continued,  and 
five  ranges  of  township  were  sur- 
veyed, and  extending  from  the 
line  drawn  west  from  the  monu- 
ment, and  extending  from  that 
line  to  Fish  river,  and  near  the 
river  St  John. 

The  Fish  road,  extending  from 
the  east  branch  of  the  Penobscot 
river,  northwardly  to  Fish  river, 
was  laid  out  also  under  the  author- 
ity of  the  States. 

The  resolve  was  communicated 
to  the  Senators  of  this  State  in  the 
Congress  of  the  United  States, 
and  enclosed  by  the  Governor  on 
the  day  of  its  passage.  And 
there  was  procured,  in  conse- 
quence of  it,  a  copy  of  the  gene- 
ral map  compiled  by  the  United 
States'   surveyors,  from  surveys 


PUBLIC  DOCUMENTS. 


[137 


made  under   the  fifdi  article  of 
the  treaty  of  Ghent. 

The  subject  was  again  present- 
ed to  both  branches  of  the  Legis- 
lature, by  the  Governor,  in  his 
message,  on  the  4th  of  January, 
1827 — And  the  Governor  also, 
by  special  message,  communicat- 
ed a  letter  from  the  Secretary  of 
State  of  tho  United  States,  dated 
January  29th,  of  the  same  year, 
accompanied  by  a  letter  of  Charles 
R.  Vaughan,  Esq.  the  British 
Minister,  dated  January  7,  1827, 
wherein  he  complains  of  the  acts 
of  Maine  and  Massachusetts,  in 
surveying  and  laying  out  town- 
ships and  roads,  and  concludes 
by  saying :  *  I  think  it  advisable 
to  make  you  acquainted,  without 
delay,  with  the  communication 
which  I  have  received  from  die 
Lieutenant  Governor  of  New 
Brunswick,  whom  I  beg  leave  to 
assure  you,  cautiously  abstains  on 
his  part  from  exercising  any  au- 
thority in  the  disputed  territory, 
which  could  invite  encroachments 


as  a  measure  of  retaliation. 


All 


which  were  considered  and  be- 
came the  subject  of  a  report  in 
the  Legislature,  on  the  12th  day 
of  February,  1 827,  and  a  resolve 
was  passed  thereon,  on  the  23d  day 
of  the  same  month,  respecting  the 
northeastern  boundary  of  the 
State,  to  wit : — 

'  Resolved,  That  the  Gover- 
nor be,  and  he  is  hereby  request- 
ed to  take  all  such  measures, 
both  in  acquring  information  and 
in  procuring  a  speedy  adjustment 
of  the  dispute,  according  to  the 
treaty  of  1783,  as  he  may  deem 
expedient  and  for  the  interest  of 
the  State.' 

To  this  period,  nothing  of  any 
12* 


importance  had  been  obtained 
under  the  Resolves  of  the  State, 
although  they  had  been  regularly 
communicated  ;  and  all  the  infor- 
mation, which  was  in  possession 
of  the  government  of  this  State, 
consisted  in  the  few,  and  very 
few  copies  of  letters  from  the 
British  Minister,  which  had  beea 
elicited  by  the  resolves  of  the 
State  of  Maine  ;  and  beyond  that, 
there  was  no  official  information  of 
the  proceedings  of  the  commission 
under  the  fifth  article  of  the  treaty 
of  Ghent,  nor  the  claims  set  up 
by  die  British,  except  what  was 
derived  from  public  reports,  vague 
in  their  nature,  and  uncertain  in 
their  character.  It  was  not  until 
long  after  the  Commissioners  had 
terminated  their  labors,  that  any 
official  communication  was  made, 
which  tended  to  show  the  British 
claim ;  and  even  that,  from  the 
looseness  of  its  phraseology,  seem- 
ed to  convey  no  other  distinct 
idea,  than  that  the  British,  from 
causes  known  to  themselves,  claim- 
ed all  the  country  north  and  west 
of  Mars  Hill,  as  a  part  of  the  an- 
cient province  of  Nova  Scotia, 
and  even  that  did  not  appear  until 
near  the  middle  of  the  year  1 825. 
The  delay  to  give  information  to 
the  State  of  Maine,  Avhen  it  had 
been  so  often  requested,  partic- 
ularly in  the  letter  of  the  Gover- 
nor, of  July,  1820,  to  the  Exe- 
cutive of  the  United  States,  con- 
taining a  request  that  some  one 
might  be  added  from  the  State  of 
Maine  to  assist  in  the  examination 
of  the  subject,  and  considering 
that  the  sovereignty  of  the  whole 
country  to  which  the  British  had, 
in  such  an  extraordinary  manner, 
and  so  contraiy  to  the  discussions 


ANNUAL  REGISTER,  1830—31. 


which  preceded  the  treaty  of 
Ghent,  pretended  a  claim,  was  in 
Maine,  and  that  the  government 
of  the  United  States  had  no  con- 
stitutional authority  to  cede  any 
portion  of  an  independent  sove- 
reignty, directly  or  by  construc- 
tion, is  certainly  very  extraordi- 
nary. And  it  cannot  fail  to  ap- 
pear extraordinary,  that  the  same 
policy  on  the  part  of  the  govern- 
ment of  the  United  States,  should 
be  continued,  when,  by  uniting 
Maine  in  the  controversy,  all 
reasonable  ground  of  complaint 
on  her  part  would  have  been  re- 
moved ;  at  least,  if  she  had  in  her 
sovereign  capacity  engaged  in  the 
controversy,  she  must  have  been 
concluded  by  the  result.  If  she 
had  mismanaged  her  concerns, 
that  CQuld  never  have  been  brought 
up  as  a  reasonable  cause  of  com- 
plaint against  the  United  States. 
Maine,  as  she  was  in  a  state  of 
profound  ignorance,  had  no  op- 
portunity to  aid  or  assist  the  United 
States ;  nor  does  she  claim  that 
she  has  a  right  to  interfere  in  the 
course  its  Government  chooses  to 
adopt ;  but  she  has  the  right  of 
reading  the  constitution  of  the 
United  States,  of  judging  for  her- 
self, and  if  she  is  deprived  of  the 
exercise  of  her  sovereignty  and 
her  property,  she  has  a  right  to 
remonstrate  and  assert  her  rights ; 
and  by  force  of  the  original  com- 
pact, she  is  entitled  to  the  aid  and 
assistance  of  the  independent  sov- 
ereignties constituting  die  United 
States,  to  reinstate  her  in  that  of 
which  she  has  been  deprived  by 
a&i  unjust  and  unconstitutional  ex- 
ercise of  power. 

The  promptness,  decision,  per- 
severance and  ability  with  which 


the  Governor  has  executed  the 
request  contained  in  the  last  re- 
solve, merits  the  encomiums  and 
approbation  of  the  State.  If  fur- 
ther comment  were  necessary, 
the  fact  that  all  the  information 
which  had  been  so  long,  but  un- 
successfully sought,  was  obtained, 
speaks  a  language  more  satisfac- 
tory to  him  and  the  State,  than 
anything  we  could  add.  As  to 
the  positions  taken  and  manitain- 
ed  by  the  Governor,  they  must  be 
in  accordance  with  the  views  and 
common  sense  of  the  State,  and 
we  cannot  present  his  discussions 
in  a  clearer  or  more  acceptable 
light,  than  to  request  a  fair,  can- 
did and  impartial  examination  of 
them.  With  these  remarks,  and 
without  further  comment,  the 
correspondence  between  him  and 
the  Government  of  the  United 
States  is  annexed. 

Thus  we  have  detailed,  at  some 
length,  the  principal  facts  and  cir- 
cumstances touching  the  title  and 
the  extent  of  the  tide  of  the  State 
to  territory  and  jurisdiction  ;  from 
which  it  appears  that  our  title  is 
perfect  to  all  the  territory  bounded 
by  the  southern  line  of  the  prov- 
ince of  Lower  Canada,  to  wit,  by 
the  line  drawn  from  the  head  of 
Connecticut  river,  along  the  lands 
which  limit  the  sources  of  the 
rivers  that  fall  into  the  river  St 
Lawrence,  to  the  head  of  the  bay 
of  Chaleurs,  and  westward  of  the 
line  drawn  due  north  from  the 
source  of  the  river  St  Croix  to 
that  line,  being  the  line  described 
and  adopted  by  the  British  Gov- 
ernment long  before  the  revolu- 
tion, and  being  the  lines  which 
are  also  described  and  adopted 
by  the  provisional  and  definitive 


PUBLIC  DOCUMENTS. 


[139 


treaties  of  peace.  That  the  Brit- 
ish Government  have  always,  di- 
rectly and  indirectly,  conceded 
our  title,  in  all  the  negotiations 
and  discussions  on  the  subject, 
prior  to  the  discussions  under  the 
fifth  article  of  the  treaty  of  Ghent, 
and  made  no  claim  of  title  found- 
ed on  any  intrusion  of  theirs,  the 
ministers,  who  sought  it  as  a  ces- 
sion, not  having  urged  or  even 
stated  the  fact,  except  by  way  of 
allusion,  and  that  Massachusetts 
and  Maine  have  always  exercised 
jurisdiction  according  to  the  title 
of  Maine,  and  have  continued  their 
progress  of  surveys,  sales  and 
settlements,  and  other  acts,  and 
that  the  United  States  have  always 
exercised  general  jurisdiction,  and 
did  in  1820  exercise  acts  of  juris- 
diction as  far  as  there  was  any 
occasion  for  it :  That  there  was 
no  reason,  from  any  knowledge 
in  possession  of  the  United  States, 
until  very  recently,  and  still  more 
recently  in  possession  of  this  State, 
more  immediately  interested,  to 
suppose,  that,  if  the  British  Gov- 
ernment had  crossed  the  above 
described  lines,  she  would  not,  as 
soon  as  the  lines  were  surveyed, 
withdraw,  and  cease  to  commit 
like  acts  of  intrusion  ;  and  it  has 
also  appeared,  from  representa- 
tions made  by  the  British  Minis- 
ter to  the  Secretary  of  State, 
^  that  the  Lieutenant  Governor  of 
New  Brunswick  had  given  assur- 
ances that  he  would  cautiously 
abstain  from  all  acts  of  authority 
which  could  invite  encroachments 
as  a  measure  of  retaliation.' 

But  notwithstanding  all  these 
facts,  circumstances,  and  assur- 
ances, John  Baker,  a  citizen  of 
the  State  of  Maine  and  of  the 


United  States,  was  arrested  in  his 
own  dwelling  house,  situated  on 
the  land  he  purchased  of,  and 
holds  by  the  deed  from  Massa- 
chusetts and  Maine,  on  a  warrant 
and  other  process  served  by  the 
Sheriff  of  the  county  of  York 
accompanied  by  armed  men,  and 
in  the  night  time,  at  least  before 
Baker  had  risen  from  his  bed, 
and  was  carried  to  Frederickton, 
and  thrown  into  prison,  where  he 
is  now  confined.  Processes  have 
also  been  served,  within  our  ter- 
ritory, on  the  Aroostook,  and  the 
cattle  and  property  of  our  citizens 
have  been  taken  away  by  the 
civil  officers  of  New  Brunswick. 
Baker  is  charged,  among  other 
things,  with  an  intrusion  and  tres- 
pass on  the  premises  he  holds 
under  Massachusetts  and  Maine. 
When  the  Governor  of  this 
State  had  received  notice  that 
the  sovereignty  of  the  State,  by 
the  officer  of  the  Government  of 
New  Brunswick,  had  been  vio- 
lated, in  the  abduction  and  im- 
prisonment of  one  of  its  citizens, 
and  other  acts,  he  issued  his  proc- 
lamation, and  commissioned  an 
agent  of  the  State  to  proceed  to 
the  province  of  New  Brunswick, 
to  inquire  into  the  cause  of  the 
arrest,  and  the  other  violations  of 
the  State  sovereignty,  and  to  de- 
mand of  the  Government  of  New 
Brunswick  the  restoration  of  Ba- 
ker; all  which  will  more  fully 
appear  in  the  documents  annexed. 
The  Governor  has  in  this,  with 
his  usual  promptness,  discretion, 
and  ability,  performed  his  duty  to 
the  State  and  its  citizens.  The 
agent  in  prosecution  of  the  object 
of  his  commission  proceeded  to 
Frederickton,  the  capital  of  New 


140] 


ANNUAL  REGISTER,  1830—31. 


Brunswick,  and  notified  the  Gov- 
ernment of  his  arrival  and  official 
capacity.  He  was  not  received 
in  his  official  capacity.  From 
what  cause  that  arose,  whether 
from  their  own  policy,  or  their 
misconstruction  of  the  power  and 
authority  of  the  Governor  of  this 
State,  is  not  certain.  It  seems 
to  us  there  would  have  been  no 
objection  to  the  recognition  of  the 
agent  of  this  State,  had  his  com- 
mission been  only  to  demand  a 
fugitive  from  justice,  or  that  the 
Governor  of  New  Brunswick 
would  consider  that  he  was  trans- 
cending his  power,  were  he  to 
send  an  agent  to  this  State  to  de- 
mand a  fugitive  from  his  own 
Government.  JNotwithstanding  he 
was  not  received  in  an  official 
character,  we  are  happy  to  have 
it  in  our  power  to  say,  that  he  was 
politely  received  by  the  gentle- 
men of  the  place.  The  object  of 
his  agency,  therefore,  so  far  as  it 
related  to  the  arrest  and  imprison- 
ment of  Baker,  totally  failed,  as 
it  did  also  in  some  other  respects. 

His  official  capacity  embraced 
two  objects  : 

1st.  To  demand  a  delivery  of 
persons. 

2d.  To  obtain  public  informa- 
tion. 

If  not  recognised  for  any  other 
purpose,  he  might  have  been  per- 
mitted as  a  person  authorized  to 
inquire  into  the  truth  of  facts,  im- 
portant to  the  rights  of  the  people 
of  the  State,  and  peace  of  the 
country. 

From  all  the  facts,  we  cannot 
perceive  on  what  ground  they  can 
justify  the  violation  of  the  State 
and  National  sovereignty  in  the 
arrest  of  Baker,  on  his  own  soil 


and  freehold,  which  he  holds  in 
fee  under  the  States  of  Massa- 
chusetts and  Maine,  and  the  other 
acts  of  their  officers  on  the  Aroos- 
took. On  the  ground  of  title  they 
have  no  justification,  and  they  can 
only  justify  themselves  on  the 
ground  of  a  possession  de  facto, 
which  cannot  by  the  acknowledg- 
ed ])rinciples  of  law  be  extended 
beyond  actual  occupation.  In  the 
case  of  Baker  the  setdement  on 
his  lot  was  commenced  nbt  within 
even  a  possession  de  facto,  feeble 
and  slender  as  that  would  be  ; 
and  in  relation  to  the  Aroostook, 
there  is  not  even  a  possession  of 
any  kind,  unless  it  has  been  ac- 
quired by  the  lawless  depredatiqns 
of  individuals,  for  which  they 
have,  from  time  to  time,  atoned 
by  settlements  with  the  agents  of 
the  State  of  Maine.  Even  the 
few,  who  have  settled  on  the 
Aroostook,  settled  there  consider- 
ing it  to  be  within  tliis  State,  and 
intending  also  to  settle  out  of  the 
province  of  New  Brunswick.  \  he 
course  pursued  by  the  British  must 
be  accounted  for  on  another  prin- 
ciple, than  '  a  cautious  abstinence 
of  the  exercise  of  authority  which 
could  invite  encroachments  as  a 
measure  of  retaliation.' 

When  the  British  are  thus  at- 
tempting to  extend  their  intrusion, 
and  imprisoning  and  otherwise 
harassing  by  legal  process  citizens 
of  Maine,  they  have  constitutional 
claims  on  her  protection  ;  and  al- 
though Massachusetts  and  Maine, 
from  the  treaty  of  peace,  have 
exercised  the  same  jurisdiction 
over  all  the  wild  lands  which  had 
not  been  particularly  appropriated 
for  cultivation  to  this  time  ;  if  such 
acts  are   repeated,  it  cannot  be 


PUBLIC  DOCUMENTS. 


[141 


expected  that  Maine  will  be  a 
quiet  spectator.  It  will  be  her 
duty  to  enforce  her  laws  within 
her  own  jurisdiction,  and  to  pro- 
tect her  own  rights  and  the  rights 
of  her  citizens. 

The  Government  of  the  United 
States  have  a  duty  to  perform  to- 
wards the  State,  and  its  citizens, 
not  less  towards  those  who  are 
forcibly  taken  from  the  territory, 
and  imprisoned,  than  towards 
those  who  are  taken  from  the  na- 
tional marine.  An  agent  has 
been  sent  to  the  province  of  New 
Brunswick,  who  has  returned, 
and  we  have  a  confidence  that  the 
whole  business  will  be  adjusted, 
and  that  the  constitutional  rights 
of  the  State,  and  the  liberties  and 
rights  of  the  citizens,  will  be  pro- 
tected and  preserved. 

Your  committee,  impressed  with 
the  importance  of  the  subject  to 
this  State,  and  the  United  States, 
and  approving  most  cordially,  of 
the  measures  taken  by  the  Gov- 
ernor, believe,  from  the  past,  that 
the  State  has  a  well  founded  as- 
surance that  its  best  interests  will 
be  protected,  and  its  constitution- 
al rights  preserved. 

John  L.  Megqcier, 
Reuel  Williams, 
Joshua  W.  Hathaway, 
John  G.  Deane, 
Henry  W.  Fuller, 
William  Vance, 
Joshua  Carpenter, 
RuFus  Burnham. 

This  report  was  unanimously 
adopted  by  both  branches  of  the 
Legislature  of  Maine,  February 

18,  1832- 


Official  Decision  of  the  King  of 
the  Netherlands, 

Department  of  State  of  the  U.  States,  > 
Washington,  18th  March,  1831.    > 

To  his  Excellency,  Samuel  E.  Smith, 
Governor  of  the  State  of  Maine. 

Sir  :  By  the  President's  di- 
rection, 1  have  the  honor  to  trans- 
mit, herewith,  to  your  Excellency, 
a  copy  and  translation  of  the 
award  given  in  relation  to  the 
Northeastern  Boundary  of  the 
United  States,  upon  the  question 
which  was  submitted  to  the  King 
of  the  Netherlands,  by  this  Gov- 
ernment and  that  of  Great  Brit- 
ain concerning  that  Boundary — 
which  award  was  officially  deliv- 
ered to  the  Minister  of  the  Unit- 
ed States  at  the  Hague,  on  the 
tenth  of  January  last,  and  by  him 
forwarded  to  this  Department, 
where  it  was  received  on  the  18tb 
instant,  with  a  view  of  making 
your  Excellency  acquainted  with 
the  state  of  this  transaction,  as 
received  here.  I  also  transmit 
herewith  a  copy  of  the  Protest 
which  the  Minister  of  the  United 
States  at  the  Hague  thought  it 
his  duty,  without  instructions  to 
that  effect  from  the  President,  to 
address  to  the  Minister  of  Foreign 
Affairs  of  the  Government  to 
which  he  is  accredited,  against 
the  award  referred  to, — together 
with  extracts  from  his  despatch 
to  this  Department,  showing  the 
character  of  his  Protest,  and  the 
ground  upon  which  it  was  made  ; 
and  a  copy  of  the  correspondence 
between  himself  and  Sir  Charles 
Bagot,  the  Ambassador  of  Great 
Britain  at  the  same  Court,  upoa 
the  subject. 

Mr  Preble  has  asked  leave  of 
abseace^  for  the  purpose  of  visits 


142] 


ANNUAL  REGISTER,  1830—31. 


ing  the  United  States,  which  will 
be  forthwith  granted,  and  express- 
ed an  earnest  wish  that  he  may 
be  further  heard  upon  the  subject, 
before  any  measures  in  regard  to 
it  are  adopted  by  the  President. 

I  have  the  honor,  likewise,  by 
direction  of  the  President,  to  re- 
peat the  assurance  which  I  made 
to  your  Excellency,  in  his  behalf, 
in  my  letter  of  the  9th  instant, 
that  the  subject  of  this  award  will 
receive  all  the  attention  and  con- 
sideration to  which  its  great  im- 
portance, and  the  interests  of  the 
State  of  Maine,  so  materially  in- 
volved therein,  especially  entitle 
it,  in  the  Councils  of  the  Execu- 
tive of  the  United  States ;  and  to 
add  that  no  time  will  be  lost  in 
communicating  to  your  Excellen- 
cy, the  result  of  his  deliberations 
upon  it,  as  soon  as  he  shall  have 
determined  upon  the  course  which 
R  sense  of  his  high  and  responsi- 
ble duties  may  suggest  as  proper 
on  the  occasion. 

Under  these  circumstances, 
the  President  will  rely  with  con- 
fidence under  the  candor  and  lib- 
erality of  your  Excellency,  and 
the  other  constituted  authorities 
of  Maine,  in  appreciating  the  mo- 
tives which  may  influence  that 
course  on  his  part,  and  in  a  cor- 
respondent interpretation  of  them 
to  your  constituents,  in  whose 
patriotism  and  discretion  he  has 
equal  confidence. 

In  making  this  communication 
to  your  Excellency,  I  am  instruct- 
ed by  the  President  to  express 
his  desire  that,  while  the  matter 
is  under  deliberation,  no  steps 
may  be  taken  by  the  State  of 
Maine,  with  regard  to  the  dis- 
puted territory,  which  might  be 


calculated  to  interrupt  and  em- 
barrass the  action  of  the  Execu- 
tive branch  of  this  Government 
upon  the  subject. 

I  have  the  honor  to  be,  with 
the  highest  respect,  your  Excel- 
lency's most  ob't  servant, 

M.  Van  Buren. 

Translation. 

William,  by  the  Grace  of  God, 
King  of  the  Netherlands,  Prince 
of  Orange,  Grand  Duke  of  Lux- 
emburg. &,c.  &1C.  &z:c. 

Having  accepted  the  functions 
of  Arbitrator  conferred  upon  us 
by  the  note  of  the  Charge  d' 
Affaires  of  the  United  States  of 
America,  and  by  that  of  the  Em- 
bassador Extraordinary  and  Ple- 
nipotentiary of  Great  Britain,  to 
our  Minister  of  Foreign  Affiiirs, 
under  the  date  of  12th  January, 
1829,  agreeably  to  the  5th  article 
of  the  Treaty  of  Ghent,  of  the 
24th  December,  1814,  and  the 
1st  article  of  the  Convention  con- 
cluded between  those  Powers,  at 
London,  on  the  29th  September, 
1827,  in  the  difference  which  has 
arisen  between  them  on  the  sub- 
ject of  the  boundaries  of  their 
respective  possessions : 

Animated  by  a  sincere  desire 
of  answering,  by  a  scrupulous  and 
impartial  decision,  they  have  tes- 
tified to  us,  and  thus  to  give  them 
a  new  proof  of  the  high  value  we 
attach  to  it : 

Having,  to  that  effect,  duly  ex- 
amined and  maturely  weighed  the 
contents  of  the  first  statement,  as 
well  as  those  of  the  definitive 
statement  of  the  said  difference, 
which  have  been  respectively  de- 
livered to  us  on  the  1st  of  April 
of  the  year  1 830,  by  the  Envoy 


PUBLIC  DOCUMENTS. 


[US 


Extraordinary  and  Minister  Plen- 
ipotentiary of  the  United  States 
of  America,  and  the  Embassador 
Extraordinary  of  the  Britannic 
Majesty,  with  all  the  documents 
thereto  annexed  in  support  of 
them  : 

Desirous  of  fulfilling,  at  this 
time,  the  obligations  I  have  con- 
tracted in  accepting  the  functions 
of  Arbitrator  in  the  aforesaid  dif- 
ference, by  laying  before  the  two 
High  Interested  Parties  the  result 
of  our  examination,  and  our  opin- 
ion on  the  three  points  into  which, 
by  common  accord,  the  contesta- 
tion is  divided : 

Considering,  That  the  three 
points  above  mentioned  ought  to 
be  decided  according  to  the  trea- 
ties, acts,  and  conventions  con- 
cluded between  the  two  Powers ; 
that  is  to  say:  the  Treaty  of 
Peace  of  1783,  the  Treaty  of 
Friendship,  Commerce  and  Nav- 
igation of  1794,  the  Declaration 
relative  to  the  river  St  Croix  of 
1798,  the  Treaty  of  Peace  signed 
at  Ghent  in  1814,  the  Conven- 
tion of  the  29th  September,  1827, 
and  Mitchell's  Map,  and  the  Map 
A.  referred  to  in  that  Convention : 

We  declare  that.  As  to  the 
first  point,  to  wit,  the  question, 
which  is  the  place  designated  in 
the  treaties  as  the  northwest  an- 
gle of  Nova  Scotia,  and  what  are 
the  highlands  dividing  the  rivers 
that  empty  themselves  into  the 
river  St  Lawrence  from  those 
which  fall  into  the  Atlantic  Ocean, 
along  which  is  to  be  drawn  the 
line  of  boundary,  from  that  angle 
to  the  northwesternmost  head  of 
Connecticut  river. 

Considering,   That  the  High 
Interested    Parties     respectively 


claim  that  line  of  boundary  at  the 
south,  and  at  the  north  river  St 
John  ;  and  having  each  indicated, 
upon  the  map,  A.  the  line  which 
they  claim  : 

Considering,  That  according 
to  the  instances  alleged,  the  terra 
highland  applies  not  only  to  a 
hilly  or  elevated  country,  but  also 
to  land  which,  without  being  hilly 
divides  waters  flowing  in  differ- 
ent directions,  and  that  thus  the 
character  more  or  less  hilly  and 
elevated  of  the  country  through 
which  are  drawn  the  two  lines 
respectively  claimed,  at  the  north 
and  at  the  south,  of  the  river  St 
John,  cannot  form  the  basis  of  a 
choice  between  them. 

That  the  text  of  the  2d  Arti- 
cle of  the  treaty  of  1783,  recites, 
in  part,  the  words  previously  used, 
in  the  Proclamation  of  1763,  and 
in  the  Quebec  act  of  1774,  to  in- 
dicate the  southern  boundaries  of 
the  Government  of  Quebec,  from 
Lake  Champlain,  '  in  forty  five 
degrees  of  north  latitude,  along 
the  highlands  which  divide  the 
rivers  that  empty  themselves  into 
the  river  St  Lawrence,  from 
those  which  fall  into  the  sea,  and 
also  along  the  north  coast  of  the 
Bay  des  Chaleurs.' 

That  in  1763,  1765, 1773,  and 
1782,  it  was  established  that  No- 
va Scotia  should  be  bounded  at 
the  north,  as  far  as  the  western 
extremity  of  the  Bay  des  Cha- 
leurs, by  the  southern  boundary 
of  the  province  of  Quebec  ;  that 
this  dehmitation  is  again  found, 
with  respect  to  the  province  of 
Quebec,  in  the  commission  of  the 
Governor  General  of  Quebec  of 
1786,  wherein  the  language  of 
the  Proclamation  of  1763,  and  of 


144] 


ANNUAL  REGISTER,  1830—31. 


the  Quebec  act  of  1774,  has  been 
used,  as  also  in  the  commissions 
of  J  786,  and  others  of  subsequent 
dates  of  the  Governors  of  New 
Brunswick,  with  respect  to  the 
lastmentioned  province,  as  well 
as  in  a  great  number  of  maps  an- 
terior and  posterior,  to  the  treaty 
of  1783  ;  and  that  the  1st  Article 
of  the  said  treaty  specifies,  by 
name,  the  States  whose  independ- 
ence is  acknowledged : 

But  that  this  mention  does  not 
imply  (implique)  the  entire  coinci- 
dence of  the  boundaries  between 
the  two  Powers,  as  settled  by  the 
following  Article,  with  the  ancient 
•delimitation  of  the  British  prov- 
inces, whose  preservation  is  not 
mentioned  in  the  treaty  of  1783, 
and  which  owing  to  its  continual 
changes,  and  the  uncertainty 
which  continued  to  exist  respect- 
ing it,  created,  from  time  to  time, 
differences  between  the  provin- 
cial authorities : 

That  there  results  from  the 
line  drawn  under  the  treaty  of 
1783,  through  the  great  lakes, 
west  of  the  river  St  Lawrence, 
a  departure  from  the  ancient  pro- 
vincial charters,  with  regard  to 
those  boundaries  : 

That  one  would  vainly  attempt 
to  explain  why,,  if  the  intention 
was  to  retain  the  ancient  provin- 
cial boundary,  Mitchell's  map, 
published  in  1755,  and  conse- 
quently anterior  to  the  Proclama- 
tion of  1763,  and  to  the  Quebec 
act  of  1774,  was  precisely  the 
one  used  in  the  negotiation  of 
1783: 

That  Great  Britain  proposed, 
at  first,  the  river  Piscataqua  as 
the  eastern  boundary  of  the  Unit- 
ed States :    and  did  not  subse- 


quently agree  to  the  proposition 
to  cause  the  boundary  of  Maine, 
or  Massachusetts  bay,  to  be  as- 
certained at  a  later  period  : 

That  the  treaty  of  Ghent  stipu- 
lated for  a  new  examination  on 
the  spot,  which  could  not  be  made 
applicable  to  an  historical  or  ad- 
ministrative boundary  : 

And  that,  therefore,  the  ancient 
delimitation  of  the  British  prov- 
inces, does  not,  either,  afford  the 
basis  of  a  decision  : 

That  the  longitude  of  the  north- 
west angle  of  Nova  Scotia,  which 
ought  to  coincide  with  that  of  the 
source  of  the  St  Croix  river,  was 
determined  only  by  the  Declara- 
tion of  1798,  which  indicated  that 
river  : 

That  the  treaty  of  Friendship, 
Commerce,  and  Navigation  of 
1794,  alludes  to  the  doubt  which 
had  arisen  with  respect  to  the 
river  St  Croix,  and  that  the  first 
instructions  of  the  Congress,  at 
the  time  of  the  negotiations  which 
resulted  in  the  treaty  of  1783, 
locate  the  said  angle  at  the  source 
of  the  river  St  John  : 

That  the  latitude  of  that  angle 
is  upon  the  banks  of  the  St  Law- 
rence, according  to  Mitchell's 
map,  which  is  acknowledged  to 
have  regulated  the  combined  and 
official  labors  of  the  negotiators 
of  the  treaty  of  1783;  whereas, 
agreeably  to  the  delimitation  of 
the  Government  of  Quebec,  it  is 
to  be  looked  for  at  the  highlands 
which  divide  the  rivers  that  empty 
themselves  into  the  river  St  Law- 
rence, from  those  which  fall  into 
the  sea: 

That  the  nature  of  the  ground 
east  of  the  beforementioned  an- 
gle not  having  been  indicated  by 


PUBLIC  DOCUMENTS. 


[145 


tiie  treaty  of  17S3,  no  argument 
can  be  drawn  from  it  to  locate 
that  angle  at  one  place  in  prefer- 
ence to  another. 

That,  at  all  events,  if  it  were 
deemed  proper  to  place  it  nearer 
to  the  source  of  the  .  river  St 
Croix,  and  look  for  it,  at  Mars 
Hill,  for  instance,  it  would  be  so 
much  the  more  possible  that  the 
boundary  of  New  Brunswick 
drawn  thence  northeastwardly 
would  give  to  that  province  sev- 
eral northwest  angles,  situated 
farther  north  and  east,  according 
to  their  greater  remoteness  from 
Mars  Hill,  that  the  number  of  de- 
grees of  the.  angle  referred  to  in 
the  treaty  has  not  been  mention- 
ed : 

That,  consequently,  the  north- 
west angle  of  Nova  Scotia,  here 
alluded  to,  haying  been  unknown 
in  1 783,  and  the  treaty  of  Ghent 
having  declared  it  to  be  unascer- 
tained, the  mention  of  that  histori- 
cal angle  in  the  treaty  of  1783 
is  to  be  considered  as  a  petition 
of  principle  (petition  de  principe) 
affording  no  basis  for  a  decision, 
whereas,  if  considered  as  a  topo- 
graphical point,  having  reference 
to  the  definition,  viz  :  '  that  angle 
which  is  formed  by  a  line  drawn 
due  north  from  the  source  of  the 
St  Croix  river  to  the  highlands,' 
it  forms  simply  th©  extremity  of 
the  line  along  the  said  highlands, 
which  divide  those  rivers  that 
empty  themselves  into  the  river 
St  Lawrence,  from  those  which 
fall  into  the  Atlantic  Ocean, — 
an  extremity  which  a  reference 
to  the  northwest  angle  of  Nova 
Scotia  does  not  contribute  to  as- 
certain, and  which  still  remaining, 
itself,  to  be  found,  cannot  lead  to 
13 


the  discovery  of  the  line  which  it 
is  to  terminate  : 

Lastly,  that  the  arguments  de- 
duced from  the  rights  of  sove- 
reignty exercised  over  the  Fief 
of  Madawaska  and  over  the  Ma- 
dawaska  settlement — even  admit- 
ting that  such  exercise  were  suf- 
ficiently proved — cannot  decide 
the  question,  for  the  reason  that 
those  two  settlements  only  em- 
brace a  portion  of  the  territory  in 
dispute,  and  that  the  High  Tflter- 
ested  Parties  have  acknowledged 
the  country  lying  between  the 
two  lines  respectively  claimed  by 
them,  as  constituting  a  subject  of 
contestation,  and  that,  therefore, 
possession  cannot  be  considered 
as  derogating  from  the  right,  and 
that  if  the  ancient  delimitation  ol 
the- provinces  be  set  aside,  which 
is  adduced  in  support  of  the  line 
claimed  at  the  north  of  the  river 
St  John,  and  especially  that  which 
is  mentioned  in  the  Proclamation 
of  1763,  and  in  the  Quebec  act 
of  1774,  no  argument  can  be  ad- 
mitted in  support  of  the  line  claim- 
ed at  the  south  of  the  river  St 
John,  and  which  would  tend  to 
prove  that  such  part  of  the  terri- 
tory in  dispute  belongs  to  Canada 
or  to  New  Brunswick. 

Considering,  That  the  question 
divested  of  the  inconclusive  argu- 
ments drawn  from  the  nature, 
more  or  less  hilly,  of  the  ground, — 
from  the  ancient  delimitation  of 
the  provinces, — from  the  north- 
west angle  of  Nova  Scotia,  and 
from  the  actual  possession,  re- 
solves itself,  in  the  end,  to  these : 
which  is  the  line  drawn  due  north 
from  the  source  of  the  river  St 
Croix,  and  which  is  the  ground, 
no  matter  whether  hilly  and  e'c- 


146] 


ANNUAL  REGISTER,  1830—31. 


rated,  or  not,  which  from  that  line 
to  the  northwesternmost  head  of 
Connecticut  river,  divides  the 
rivers  that  empty  themselves  into 
the  river  St  Lawrence  from  those 
which  fall  into  the  Adantic  Ocean  ; 
that  the  High  Interested  Parties 
only  agree  upon  the  fact  that  the 
boundary  sought  for  must  be  de- 
termined by  such  a  line,  and  by 
such  a  ground  ;  that  they  further 
agree,  since  the  Declaration  of 
1798,  as  to  the  answer  to  be  giv- 
en to  the  first  question,  with  the 
exception  of  the  latitude  at  which 
the  line  drawn  due  north  from 
the  source  of  the  St  Croi^  river 
is  to  terminate  ;  that  said  latitude 
coincides  with  the  extremity  of 
the  ground  which,  from  that  line 
to  the  nortluvesternmost  source  of 
Connecticut  river  divides  the  riv- 
ers which  empty  theniselves  into 
the  river  St  LawTence  from  those 
which  fall  into  the  Atlantic  Ocean : 
and  that,  therefore,  it  only  remains 
to  ascertain  that  ground  ; 

That  on  entering  upon  this  ope- 
ration, it  is  discovered,  on  the  one 
hand, 

First,  that  if,  by  adopting  the 
line  claimed  at  the  north  of  the 
river  St  John,  Great  Britain  can- 
not be  considered  as  obtaining  a 
territory  of  less  value  than  if  she 
had  accepted  in   1783  the  river 
St  John   as  her  frontier,  taking 
into   view   the    situation    of    the 
country  situated  between  the  riv- 
ers St  John  and  St  Croix  in  the 
vicinity  of  the  sea,  and  the  pos- 
session of  both  banks  of  the  river 
St  John  in  the  lower  part  of  its 
course,    said    equivalent    woiild, 
nevertheless,  be  destroyed  by  the 
interruption  of  the  communication 
between  Lower  Canada  and  New 


Brunswick,  especially  between 
Quebec  and  Frederickton  ;  and 
one  would  vainly  seek  to  discover 
what  motives  could  have  deter- 
mined the  Court  of  London  to 
consent  to  such  an  interruption : 

'i  hat  if,  in  the  second  place,  in 
contradistinction  to  the  rivers  that 
empty  themselves  into  the  river 
St  Lawrence,  it  had  been  proper, 
agreeably  to  the  language  ordin- 
arily used  in  geography,  to  com- 
prehend the  rivers  falling  into  the 
bays  of  Fundy  and  des  Chaleurs 
with  those  emptying  themselves 
directly  into  the  Atlantic  Ocean, 
in  the  generical  denomination  of 
rivers    falling    into   the   Atlantic 
Ocean,  it  would  be  hazardous  to 
include  into  the  species  belonging 
to  that  class,  the  rivers  St  John 
and  Restigouche,  which  the  line 
claimed  at  the  north  of  the  river 
St  John  divides  immediately  from 
rivers  emptying  themselves   into 
the  river  St  Lawrence,  nor  with 
other  rivers 'falling  into  the  Atlan- 
tic Ocean,  but  alone  ;  and  thus  to 
apply,  in  interpreting  the  delinea- 
tion    established    by    a    treaty, 
where   each  word  must  have  a 
meaning,  to  two  exclusively  spe- 
cial cases,  and  where  no  mention 
is  made  of  the  genus  (genre)  a 
generical  expression  which  would 
ascribe  to  them  a  broader  mean- 
ing, or  which,  if  extended  to  the 
Schoodic    lakes,   the    Penobscot 
and  the  Kennebec,  which  empty 
themselves  directly  into  the  At- 
lantic Ocean  ;  would  establish  the 
principle  that  the  treaty  of  1783 
meant  highlands  which  divide  as 
well    mediately   as   immediately, 
the  rivers  that  empty  themselves 
into  the  river  St  Lawrence  from 
those  which  fall  into  the  Atlantic 


PUBLIC  DOCUMENTS. 


[147 


i 


Ocean — a  principle  equally  real- 
ized by  both  Imes. 

Thirdly  :  That  the  line  claimed 
at  the  nortli  of  the  river  St  John 
does  not  divide,  even  immediate- ' 
ly,  the  rivers  that  empty  them- 
selves into  the  river  St  Lawrence 
from  the  rivers  St  John  and 
Restigoijche,  but  only  rivers  that 
empty  themselves  into  the  St 
John  and  Restigouche,  with  the 
exception  of  the  last  part  of  said 
line,  near  the  sources  of  the  river 
St  John,  and  that  hence,  in  order 
to  reach  the  Atlantic  Ocean,  the 
rivers  divided  by  that  line  from 
those  that  empty  themselves  into 
the  river  St  Lawrence,  each  need 
two  intermediate  channels,  to  wit : 
the  ones,  the  river  St  John  and 
the  bay  of  Fundy,  and  the  others, 
the  river  Restigouche,  and  the 
bay  of  Chaleurs  : 

And  on  the  other  hand,  That 
it  cannot  be  sufficiently  explained 
how,  if  the  High  Contracting  Par- 
ties intended  in  1 783,  to  establish 
the  boundary  at  the  south  of  the 
river  St  John,  that  river,  to  which 
the  territory  in  dispute  is,  in  a 
great  measure  indebted  for  its 
distinctive  character,  has  been 
neutralized  and  set  aside  : 

That  the  verb  *  divide '  appears 
to  require  a  contiguity  of  the  ob- 
jects to  be  '  divided ' : 

That  the  said  boundary  forms 
at  its  western  extremity,  only,  the 
immediate  separation  between  the 
river  Metjarmette,  and  the  north- 
westernmost  head  of  the  Penob- 
scot, and  divides,  mediately,  only 
the  rivers  that  empty  themselves 
into  the  river  St  Lawrence  from 
the  waters  of  the  Kennebec,  Pen- 
obscot,   and     Schoodic    lakes  ; 


while  the  boundary  claimed  at 
the  north  of  the  river  St  John 
divides,  immediately,  the  waters 
of  the  rivers  Restigouche  and  St 
John,  and,  mediately,  the  Schoo- 
dic lakes  ;  and  the  waters  of  the 
rivers  Penobscot  and  Kennebec, 
from  the  rivers  that  empty  them- 
selves into  the  river  St  Lawrence, 
to  wit :  the  rivers  Beaver,  Metis, 
Rimousky,  Trois,  Pistoles,  Green, 
Du  Loup,  Kamouraska,  Ouelle, 
Bras  St  Nicholas,  Du  Sud,  La 
Famine  and  Chaudiere. 

That  even  setting  aside  the 
rivers  Restigouche  and  St  John, 
for  the  reason  that  they  could  not 
be  considered  as  falling  into  the 
Atlantic  Ocean,  the  northern  line 
would  still  be  as  near  to  the 
Schoodic  lakes,  and  to  tlie  waters 
of  the  Penobscot  and  of  the  Ken- 
nebec, as  the  southern  line  would 
be  to  the  rivers  Beaver,  Metis, 
Rimousky,  and  others  that  empty 
themselves  into  the  river  St  Law- 
rence ;  and  would,  as  well  as  the 
other,  form  a  mediate  separation 
between  these  and  the  rivers  fall- 
ing into  the  Adantic  Ocean. 

That  the  prior  intersections  of 
the  southern  boundary  by  a  line 
drawn  due  north  from  the  source 
of  the  St  Croix  river,  could  only 
secure  to  it  an  accessory  advan- 
tage over  the  other,  in  case  both 
the  one  and  the  other  boundary 
should  combine,  in  the  same  de- 
gree, the  qualities  required  by  the 
treaties  : 

And  the  fate  assigned  by  that 
of  1783  to  the  Connecticut,  and 
even  to  the  St  Lawrence,  pre- 
cludes the  supposition  that  the 
two  Powers  could  have  intended 
to  surrender  the  whole  course  of 


14S] 


ANNUAL  REGISTER,  1830—31. 


each  river,  from  its  source  to  its  two  States  a  line  drawn  due  north 
mouth,  to  the  share  of  either  the  from  the  source  of  the  river  St 
one  or  the  other  :  Croix  to  the  point  where  it  inter- 

Considering,  That,  after  what  sects  the  middle  of  the  thalweg* 
precedes,  the  arguments  adduced  of  the  river  St  John,  thence  the 
on  either  side,  and  the  documents  middle  of  the  thalweg  of  that  riv- 
exhibited  in  support  of  them,  can-  er,  ascending  it,  to  the  point  where 
not  be  considered  as  sufficiently  the  river  St  Francis  empties  itself 
preponderating  to  determine  a  into  the  river  St  John,  thence  the 
preference  in  favor  of  one  of  the  middle  of  the  thalweg  of  the  river 
two  lines  respectively  claimed  by  St  Francis,  ascending  it,  to  the 
the  High  Interested  Parlies,  as  source  of  its  southwesternmost 
boundaries  of  their  possessions  branch,  which  source  we  indicate, 
from  the  source  of  the  river  St   on  the  map  A,  by  the  letter  X, 


Croix  to  the  northwesternmost 
head  of  Connecticut  river  ;  and 
that  the  nature  of  the  difference 
and  the  vague  and  not  sufficient- 
ly determinate  stipuladons  of  the 
treaty  of  1 783,  do  not  permit  to 
adjudge  either  of  those  lines  to 
one  of  the  said  Parties,  without 
wounding'  the  principles  of  law 
and  equity,  with  regard  to  the 
other : 

Considering,  That,  as  has  al- 
ready been  said,  the  question  re- 
solves itself  into  a  ^election  to  be 
made  of  a  ground  dividing  the 
rivers  that  empty  themselves  into 
the  river  St  Lawrence  from  those 
that  fall  into  the  Atlantic  Ocean  : 
that  the  High  Interested  Parties 
are  agreed  with  regard  to  the 
course  of  the  streams  delineated 
by  common  accord  on  the  map 
A,  and  "affording  the  only  basis 
of  a  decision  : 

And  that,  therefore,  the  cir- 
cumstances upgn  which  such  de- 
cision could  not  be  further  eluci- 
dated by  means  of  fresh  topograph- 
ical investigation,  nor  by  the  pro- 
duction of  additional  documents  : 

We  are  of  opinion.  That  it 
will  .be  suitable  (il  conviendra) 
to  adopt  as  the  boundary  of  the 


authenticated  by  the  signature  of 
our  Minister  of  Foreign  Affairs, 
thence  a  line  drawn  due  west,  to 
the  point  where  it  unites  with  the 
line  claimed  by  the  United  States 
of  America  and  delineated  on  the 
map  A,  thence  said  line  to  the 
point  at  which  according  to  said 
map,  it  coincides  with  that  claim- 
ed by  Great  Britain,  and  thence 
the  line  traced  on  the  map  by  the 
two  powers,  to  the  northwester- 
most  source  of  Connecticut  river. 

As  regards  the  second  point, 
to  wit :  the  question  which  is  the 
northwestermost  head  of  Connec- 
ticut river : 

Considering,  That,  in  order 
to  Solve  this  question,  it  is  neces- 
sary to  choose  between  Connec- 
ticut-lake river,  Perry's  stream, 
Indian  stream  and  Hall's  stream : 

Considering,  That,  according 
to  the  usage  adopted  in  geogra- 
phy, the  source  and  the  bed  of  a 
river  are  denoted  by  the  name  of 
the  river  which  is  attached  to  such 
source  and  to  such  bed,  and  by 
their  greater  relative  importance, 


*  Thalweg— a  German  compound 
word — Thai,  valley,  and  Weg,  way. 
It  means  here  the  deepest  channel  of 
the  river. 


PUBLIC  DOCUMENTS. 


[149 


as  compared  to  that  of  other  wa- 
ters communicating  with  said  river : 
Considering,  That  an  official 
letter  of  1772  already  mentions 
the  name  of  Hall's  brook ;  and 
that  in  an  official  letter,  of  subse- 
quent date  in  the  same  year, 
HalFs  brook  is  represented  as  a 
small  river  falling  into  the  Con- 
necticut : 

That  the  river  in  which  Con- 
necticut lake  is  situated  appears 
more  considerable  than  either 
Hall's,  Indian,  or  Perry's  stream  : 
that  the  Connecticut  lake,  and 
the  two  lakes  situated  northward 
of  it,  seem  to  ascribe  to  it  a  great- 
er volume  of  water  than  to  the 
otlier  three  rivers :  and  that  by 
admitting  it  to  be  the  bed  of  the 
Connecticut,  the  course  of  that 
river  is  extended  farther  than  it 
would  be  if  a  preference  were 
given  to  either  of  the  other  three 
rivers  : 

Lastly,  that  the  map  A,  having 
been  recognised  by  the  conven- 
tion of  1827,  as  indicating  the 
courses  of  streams,  the  authority 
of  that  map  would  likewise  seem 
to  extend  to  their  appellation, 
since  in  case  of  dispute,  such 
name  of  river  or  lake,  respecting 
which  the  parties  were  not  agreed, 
may  have  been  omitted ;  that  said 
map  mentions  Connecticut  lake, 
and  that  the  name  of  Connecticut 
lake  implies  the  applicability  of  the 
name  of  Connecticut  to  the  river 
which  flows  through  the  said  lake : 

We  are  of  opinion,  That  the 
stream  situated  farthest  to  the 
northwest,  among  those  which 
fall  into  the  northernmost  of  the 
three  lakes  the  last  of  which  bears 
the  name  of  Connecticut  lake, 
must  be  considered  as  the  north- 
13* 


westernmost  head  of  Connecticut 
river. 

And  as  to  the  third  point,  to 
wit :  the  question,  which  is  the 
boundary  to  be  traced  from  the 
river  Connecticut,  along  the  par- 
allel of  the  45th  degree  of  north 
latitude,  to  the  river  St  Lawrence, 
named  in  the  treaties  Iroquois 
and  Cataraguy  : 

Considering,  That  the  High 
Interested  Parties  differ  in  opin- 
ion as  to  the  question — Whether 
the  treaties  require  a  fresh  sur- 
vey of  the  whole  line  of  boundary 
from  the  river  Connecticut  to  the 
river  St  Lawrence,  named  in  the 
treaties  Iroquois  or  Cataraguy, 
or  simply  the  completion  of  the 
ancient  provincial  surveys. 

Considering,  That  the  fifth 
article  of  the  treaty  of  Ghent  of 
1814,  does  not  stipulate  that  such 
portion  of  the  boundaries  which 
may  not  have  hitherto  been  sur- 
veyed, shall  be  surveyed;  but 
declares  that  the  boundaries  have 
not  been,  and  establishes  that 
they  shall  be,  surveyed  : 

That,  in  effect,  such  survey 
ought,  in  the  relations  between 
the  two  Powers,  to  be  considered 
as  not  having  been  made  from 
the  Connecticut  to  the  river  St 
Lawrence,  named  in  the  treaties 
Iroquois  or  Cataraguy,  since  the 
ancient  survey  was  found  to  be 
incorrect,  and  had  been  ordered, 
not  by  a  common  accord  of  the 
two  Powers,  but  by  the  ancient 
provincial  authorities : 

That  in  determining  the  lati- 
tude of  places,  it  is  customary  to 
follow  the  principle  of  the  observed 
latitude : 

And  that  the  Government  of 
the  United  States  of  America  has 


150] 


ANNUAL  REGISTER,  1830—31. 


erected  certain  fortifications  at  the 
place  called  Rouses'  Point,  under 
impression  that  the  ground  formed 
part  of  their  territory — an  im- 
pression sufficiently  authorized 
by  the  circumstance  that  the  line 
had,  until  then,  been  reputed  to 
correspond  with  the  45th  degree 
of  north  latitude. 

We  are  of  opinion.  That  it 
wHl  be  suitable  [il  conviendra}  to 
proceed  lo  fresh  operations  to 
measure  the  observed  latitude,  in 
order  to  mark  out  the  boundary 
from  the  river  Connecticut  along 
the  parallel  of  the  45th  degree 
of  north  latitude  to  the  river 
St  Lawrence,  named  in  the  trea- 
ties L'oquois  orCataraguy,  in  such 
a  manner,  however,  that,  in  all 
cases,  at  the  place  called  Rouses' 
Point,  the  territory  of  the  United 
States  of  America  shall  extend 
to  the  fort  erected  at  that  place, 
and  shall  include  said  fort  and  its 
kilometrical  radius,  [rayon  kil- 
ometrique.] 

Thus  done  and  given  under 
our  Royal  Seal,  at  the  Hague, 
this  tenth  day  of  January,  in  the 
year  of  our  Lord  One  Thousand 
Eight  Hundred  and  Thirtyone, 
and  of  our  Reign,  the  eighteenth. 
(Signed)  William. 

The  Minister  of  Foreign  Affairs. 
(Signed)  Verstolk  de  Soclen. 


Protest  of  the    Uniied  States 

Minister. 
(Copy) 

The  Hague,  12th  Jan.  1831. 

The  undersigned.  Minister 
Plenipotentiary  and  Envoy  Ex- 
traordinary of  the  United  States 
of  America,  had  the  honor  to  re- 
ceive from  the  hands  of  his  Maj- 


esty, the  King  of  the  Netherlands, 
on  the  tenth  inst.  a  document 
purporting  to  be  an  expression  of 
his  opinion  on  the  several  points 
submitted  to  him  as  arbiter,  rela- 
tive to  certain  portions  of  the 
boundary  of  the  United  States. 
In  a  period  of  much  difficulty, 
his  Majesty  has  had  the  goodness, 
for  the  purpose  of  conciliating 
conflicting  claims  and  pretensions, 
to  devote  to  the  High  Parties  In- 
terested, a  lime  that  must  have 
been  precious  to  himself  and  peo- 
ple. It  is  with  extreme  regret, 
therefore,  that  the  undersigned, 
in  order  to  prevent  all  miscon- 
ception, and  to  vindicate  the 
rights  of  his  Government,  feels 
himself  compelled  to  call  the  at- 
tention of  his  Excellency,  the 
Baron  Verstolk  Van  Soclen,  his 
Majesty's  Minister  of  Foreign  Af- 
fairs, again  to  the  subject.  But, 
while,  on  the  one  hand,  in  ad- 
verting to  certain  views  and  con- 
siderations, which  seem,  in  some 
measure,  perhaps,  to  have  escap- 
ed observation,  the  undersigned 
will  deem  it  necessary  to  do  so 
with  simplicity  and  frankness  ; 
he  could  not,  on  the  other,  be 
wanting  in  the  expressions  of  a 
most  respectful  deference  for  his 
Majesty,  the  arbiter. 

The  language  of  the  treaty, 
which  has  given  rise  to  the  contes- 
tation between  the  United  States 
and  Great  Britain,  is,  'And  that  all 
disputes  which  might  arise  in  future 
on  the  subject  of  the  boundaries 
of  the  said  United  States,  may 
be  prevented,  it  is  hereby  agreed 
and  declared,  that  the  following 
are  and  shall  be  their  boundaries, 
tiz.  from  the  northwest  angle  of 
Nova    Scotia,    viz.    that    angle 


PUBLIC  DOCUMENTS. 


[151 


which  is  formed  by  a  line  drawn 
due  north  from  the  source  of  the 
St  Croix  river  to  the  highlands, 
along  the  said  highlands  which 
divide  those  rivers  that  empty 
themselves  into  the  river  St  Law- 
rence, from  those  which  fall  into 
the  Adantic  Ocean,  to  the  north- 
westernmost  head  of  Connecticut 
river,  hence  down  along  the  mid- 
dle of  that  river,  to  the  fortyfifth 
degree  of  north  latitude  ;  from 
thence  by  a  line  due  west  on  said 
latitude,  until  it  strikes  the  river 
Iroquois  or  Cataraguy  *  *  *  *. 
East,  by  a  line  to  be  drawn  along 
the  middle  of  the  river  St  Croix, 
from  its  mouth  in  the  bay  of 
Fundy,  to  its  source  :  and  from 
its  source  direcdy  north,  to  the 
aforesaid  highlands,  which  divide 
the  rivers  that  fall  into  the  Atlan- 
tic Ocean,  from  those  which  fall 
into  the  river  St  Lawrence.' 
The  manner  of  carrying  this  ap- 
parently exceedingly  definite  and 
lucid  description  of  boundary  into 
effect,  by  running  the  line  as  de- 
'  scribed,  and  marking  the  same  on 
the  surface  of  the  earth,  was  the 
subject,  the  sole,*  exclusive  subject 
submitted  by  the  convention  of 
September,  182T,  in  pursuance 
of  the  treaty  of  Ghent,  1814,  to 
an  arbiter.  If,  on  investigation, 
that  arbiter  found  the  language  of 
the  treaty,  in  his  opinion,  inap- 
plicable to,  and  wholly  inconsist- 
ent with  the  topography  of  the 
country,  so  that  the  treaty  of  1783, 
in  regard  to  its-  description  of 
boundary,  could  not  be  executed 
according  to  its  own  express  stip- 
ulations, no  authority  whatever 
was  conferred  upon  him  to  deter- 
mine or  consider  what  practicable 
boundary    line   should,   in   such 


case,  be  substituted  and  establish- 
ed. Such  a  quesUon  of  bounda- 
ry, as  is  here  supposed,  the  Unit- 
ed States  of  America  would,  it 
is  believed,  submit  to  the  definite 
decision  of  no  sovereign.  And 
in  the  case  submitted  to  his  Maj- 
esty the  king  of  the  Netherlands, 
the  LTnited  States,  in  forbearing 
to  delegate  any  such  power,  were 
not  influenced  by  any  want  of  re- 
spect for  that  distinguished  mon- 
arch. They  have  on  the  con- 
trary, given  him  the  highest  and 
most  signal  proofs  of  their  consid- 
eration and  confidence.  In  the 
present  case  especially,  as  any 
revision  or  substitute  of  boundary 
whatever,  had  been  steadily  and  in 
a  spirit  of  unalterable  determina-" 
tion,  resisted  at  Ghent  and  Wash- 
ington, they  had  not  anticipated 
the  possibility  of  there  being  any 
occasion  for  delegating  such  pow- 
ers. 

Among  the  questions  to  which 
the  language  of  the  treaty  of  1783, 
already  quoted,  gave  rise  between 
the  High  Parties  interested,  is 
the  following,  viz.  where  at  a  point 
due  north  from  the  source  of  the 
river  St  Croix,  are  '  the  highlands 
which  divide  the  rivers,  that 
empty  themselves  into  the  river 
St  Lawrence,  from, those  that  fall 
into  the  Adantic  Ocean,'  at  which 
same  point  on  said  highlands  w^as 
al^o  to  be  found  the  northwest 
angle  of  the  long  established,  well 
known,  and  distinctly  defined 
Briush  province  of  Nova  Scotia. 

On  the  southern  border  of  the 
river  St  Lawrence,  and  at  the  av- 
erage distance  from  it  of  less  than 
thirty  English  miles,  there  is  an 
elevated  range  or  continuation  of 
broken  highland,  extending  from 


152] 


ANNUAL  REGISTER,  1830—31. 


Cape  Rosieres,  southwesterly  to 
the  sources  of  Connecticut  river, 
forming  the  southern  border  of 
the  basin  of  the  St  Lawrence  and 
ligne  des  versants  of  the  rivers 
emptying  into  it.  The  same 
highlands  form  also  the  ligne  des 
versants,  on  the  north  of  the  river 
Restigouche,  emptying  itself  into 
the  bay  des  Chaleurs,  the  river 
St  John  with  its  northerly  and 
westerly  branches  emptying  into 
the  bay  of  Fundy,  the  river  Pe- 
nobscot with  its  northwesterly 
branches  emptying  into  the  bay 
of  Penobscot,  the  rivers  Kenne- 
bec and  Androscoggin,  whose 
united  waters  empty  into  the  bay 
of  Sagadahock,  and  the  river  Con- 
necticut emptying  into  the  bay, 
usually  called  Long  [sland  sound. 
These  bays  are  all  open  arms  of 
the  sea  or  Atlantic  Ocean;  are 
designated  by  their  names  on 
Mitchell's  map ;  and  with  the  sin- 
gle exception  of  Sagadahock,  are 
all  equally  well  known,  and  usu- 
ally designated  by  their  appro- 
priate names.  This  linge  des 
versants  constitutes  the  highlands 
of  the  treaty,  as  claimed  by  the 
United  States. 

There  is  another  ligne  des  ver- 
sants, which  Great  Britain  claims 
as  the  highlands  of  the  treaty.  It 
is  the  dividing  ridge,  that  bounds 
the  southern  side  of  the  basin  of 
the  river  St  John,  from  those 
which  flow  into  the  Penobscot  and 
St  Croix.  No  river  flows  from 
this  dividing  ridge  into  the  river 
St  Lawrence.  On  the  contrary, 
nearly  the  whole  of  the  basins  of 
tlie  St  John  and  Restigouche  in- 
tervene. The  source  of  the  St 
Croix  also  is  in  this  very  ligne  des 
versants,  and  less  than  an  En- 


glish mile  distant  from  the  source 
of  a  tributary  stream  of  the  St 
John.  This  proximity  reducing 
the  due  north  line  of  the  treaty, 
as  it  were  to  a  point,  compelled 
the  provincial  agent  of  the  British 
government  to  extend  the  due 
north  line  over  the  dividing  ridge 
into  the  basin  of  the  St  John, 
crossing  its  tributary  streams  to 
the  distance  of  about  forty  miles 
from  the  source  of  the  St  Croix, 
to  the  vicinity  of  an  isolated  hill 
between  the  tributary  streams  of 
the  St  John.  Connecting  that 
isolated  hill  with  the  ligne  des 
versants,  as  just  described,  by 
passing  between  said  tributary 
streams,  they  claimed  it  as  con- 
stituting the  highlands  of  the 
treaty. 

These  two  ranges  of  highlands, 
as  thus  described,  the  one  con- 
tended for  by  the  United  States, 
and  the  other  by  Great  Britain, 
his  Majesty  the  arbiter  regards 
as  comporting  equally  well  in  all 
respects  with  the  language  of  the 
treaty.  It  is  not  the  intention  of 
the  undersigned,  in  this  place,  to 
question  in  the  slightest  dpgree 
the  correctness  of  his  Majesty's 
conclusion  :  but  when  the  arbi- 
ter proceeds  to  say  that  it  would 
be  suitable  to  run  the  line  due 
north,  from  the  source  of  the 
river  St  Croix,  not  *  to  the  high- 
lands w^hich  divide  the  rivers  that 
fall  into  the  Atlantic  Ocean  from 
those  which  fall  into  the  river  St 
Lawrence,'  but  to  the  centre  of 
the  river  St  John,  thence  to  pass 
up  said  river  to  the  mouth  of  the 
river  St  Francis,  thence  up  the 
river  St  Francis  to  the  source  of 
its  southwesternmost  branch,  and 
from  thence  by  a  line  drawn  west 


PUBLIC  DOCUMENTS. 


[153 


unto  the  point  where  it  intersects 
the  line  of  the  highlands  as  claim- 
ed by  the  United  States,  and  on- 
ly from  thence  to  pass  '  along 
said  highlands,  which  divide  the 
rivers  that  fall  into  the  Atlantic 
Ocean  from  those  which  fall  into 
the  river  St  Lawrence,  to  the 
northwesternmost  head  of  the 
Connecticut  river' — thus  aban- 
doning altogether  the  boundaries 
of  the  treaty,  and  substituting  for 
them  a  distinct  and  different  line 
of  demarkation — it  becomes  the 
duty  of  the  undersigned,  with  the 
most  perfect  respect  for  the  friend- 
ly views  of  the  arbiter,  to  enter 
a  protest  against  the  proceeding, 
as  constituting  a  departure  from 


the  power  delegated  by  the  High 
Parties  interested,  in  order  that 
the  rights  and  interests  of  the 
United  States  may  not  be  sup- 
posed to  be  committed  by  any 
presumed  acquiescence  on  the 
part  of  their  representative  near 
his  Majesty  the  King  of  the  Neth- 
erlands. 

The  undersigned  avails  him- 
self of  this  occasion  to  renew  to 
Baron  Verstolk  Van  Soclen  the 
assurances  of  his  high  considera- 
tion. 

(Signed)      Wm  P.  Preble. 
His  Excellency  the  Baron  Ver- 
stolk Van  Soclen,  his  Majesty's 
Minister  of  Foreign  Affairs, 


154] 


ANNUAL  REGISTER,  1830—31. 


II.  — FOREIGN. 


NATIONAL    CONGRESS    OF    CHILI. 


Senate. 

The  National  Congress  of  Chili 
—  conceiving  that  the  present 
dreadful  crisis,  in  which  the  na- 
tion appears  to  be  on  the  eve  of 
all  the  horrors  of  civil  war  and 
anarchy,  hitherto  averted  only  by 
the  special  interposition  of  Provi- 
dence, has  been  brought  about  by 
the  imperfections  of  the  political 
Constitution  of  1828,  which  ex- 
perience has  shown  to  be  incom- 
patible with  the  public  safety  and 
tranquillity,  and  for  the  revision 
of  which  a  great  majority  of  the 
Chilian  people  have  manifested 
their  wishes — after  the  most  accu- 
rate examination  and  mature  de- 
liberation has  this  day,  (August 
14th,  1831,)  issued  the  following 

Decree  : 

Article  1 .  The  political  Con- 
stitution of  the  Chilian  Nation, 
promulgated  on  the  6th  August, 
1828,  requires  modification  and 
alteration. 

Art.  2.  A  Convention  shall  be 
called  as  soon  as  possible  in  the 
manner  designated  by  the  133d 
Article  of  the  present  Constitu- 
tion, for  the  purpose  of  reforming 
or  extending  that  charter. 

Art.  3.  This  Convention  shall 


be  composed  of  sixteen  of  the 
present  Chamber  of  Deputies 
elected  by  the  people — six  great 
public  functionaries  from  among 
the  several  tranches  of  the  ad- 
ministration, and  fourteen  of  the 
Notables  of  the  State,  to  wit :  four 
literary  men  of  distinguished  wis- 
dom and  patriotism ;  two  of  the 
most  illustrious  and  patriotic  of 
the  clergy ;  four  great  agricultural 
proprietors ;  two  merchants  of 
good  credit ;  and  two  directors  of 
mines,  esteemed  for  their  profes- 
sional skill. 

Art.  4.  The  individuals  above- 
mentioned  shall  be  elected  by 
joint  ballot  of  both  Chambers,  of 
each  of  which  at  least  three-fourths 
must  be  present. 

Art.  5.  Any  member  of  the 
National  Congress  may  be  elected 
a  member  of  the  Convention, 
either  in  the  quality  of  Function- 
ary or  of  Notable. 

Art.  6.  The  election  for  the 
whole  of  each  class  shall  be  deter- 
mined by  a  simple  majority  of 
votes  according  to  the  following 
order :  First,  the  sixteen  persons 
from  the  Chamber  of  Deputies. 
Secondly,  the  six  great  public 
functionaries.  Thirdly,  the  four 
literary  men.  Fourthly,  the  ec- 
clesiastics.    Fifthly,  the  agricul- 


PUBLIC  DOCUMENTS. 


[155 


I 


tural  proprietors.  Sixthly,  the 
merchants.  Seventhly,  and  last, 
the  directors  of  the  mines. 

Articles  8  to  11  inclusive, 
relate  only  to  the  formalities  of 
elections,  &;c. 

Art.  12.  The  sole  objects  of 
the  Convention  are  to  be  the  re- 
vision, reform  and  modification,  of, 
or  addition  to  the  Constitution  ; 
its  debates  to  be  conducted  ac- 
cording to  the  rules  established 
by  the  Congress  on  the  12th  of 
July,  1826. 

Art.  13.  The  Supreme  Gov- 
ernment, the  Senate  and  Chamber 
of  Deputies,  may  nominate  such 
persons  as  they  think  proper,  to 
sit  without  vote  in  the  Council, 
for  the  purpose  of  examining  and 
discussing  the  reform  and  altera- 
tions proposed.  Petitions,  with 
the  same  view,  may  be  presented 
by  all  public  bodies,  or  private 
citizens. 

Art.  14.  The  Representa- 
tive Chambers  will  suspend  their 
meetings  during  the  session  of 
that  Convention ;  the  respective 
functions  of  each,  to  be  left  to  a 
permanent  commission,  chosen  by 
themselves,  according  to  the  86th 
Article  of  the  Constitution. 


The  Chambers  may,  however, 
be  convoked  by  the  Government, 
with  the  consent  of  said  commis- 
sion,' in  case  circumstances  should 
require  it. 

Art.  15.  When  the  business 
of  the  Convention  is  concluded, 
a  notification  shall  be  given  to  the 
Permanent  Commission  for  con- 
voking the  legislative  bodies,  to 
which  the  plan  of  the  new  Con- 
stitution will  be  submitted. 

Art.  16.  The  two  Chambers 
will  meet  in  one  hall,  and,  forming 
one  deliberative  body,  will  exam- 
ine the  plan  presented,  and  re- 
ceive or  reject  it  in  the  name  of 
the  nation  ;  the  vote  to  be  taken 
after  the  debates  upon  the  simple 
question — -is  the  plan  of  a  Consti- 
tution, presented  by  the  Conven- 
tion, to  be  accepted  or  rejected  ? 

Art.. 17.  If  the  votes  be  in  fa- 
vor of  its  acceptation,  it  shall  be 
published  as  the  Constitution  of 
the  State. 

Art.  18.  If  it  be  rejected,  the 
Chambers  will  proceed,  separate- 
ly, to  determine  what  further 
means  are'  to  be  adopted  for  an- 
other revision  of  the  Constitution 
of  August  1628. 


HAYTI. 

A  Proclamation  of  President  Boi/er,  relative  to  a  Demand  made 
upon  the  Haytien  Government,  by  the  King  of  Spain. 


'Haytiens  !  The  King  of  Spain 
has  demanded  from  the  Govern- 
ment of  this  Republic,  the  sur- 
render of  the  eastern  part  of  the 
island  of  Hayti.  The  answer  to 
this  wiU  be  found  in  our  Constitu- 


tion of  1806,  which  runs  thus : 
"  The  island  of  Hayti,  (formerly 
called  St  Domingo,)  with  the  ad- 
jacent islands  dependent  on  it, 
shall  form  the  Republic  of  Hayti." 
The  founders  of  our  Govern- 


156] 


ANNUAL  REGISTER,  1830—31. 


ment,  in  proclaiming  at  that  time 
the  wishes  of  the  nation,  did  not 
encroach  upon  the  possessions  of 
his  Catliolic  Majesty  ;  they  only 
followed  the  example  set  them  by 
many  civilized  countries ;  they 
exercised  a  right  which  results 
from  the  principle  of  self-preser- 
vation— a  principle  on  which  is 
founded  the  existence  and  secu- 
rity of  most  nations. 

The  ancient  Spanish  colony, 
abandoned  in  great  measure  to  its 
own  resources,  became  in  1795, 
by  the  treaty  of  Bale,  an  integral 
part  of  the  French  colony  of  St 
Domingo.  In  1802,  when  an 
expedition  was  directed  against  it 
for  the  purpose  of  depriving  the 
people  of  the  liberty  they  had  ac- 
quired at  the  cost  of  many  sac- 
rifices, the  proscription  was  ex- 
tended, as  all  know,  even  to  the 
eastern  part  of  the  island.  There 
as  well  as  in  the  western  prov- 
inces, the  rivers  and  the  seas  were 
red  with  the  blood  of  our  unfor- 
tunate countrymen.  Afterwards, 
when  by  the  aid  of  Heaven,  the 
glorious  resistence  of  the  Haytiens 
forced  the  enemy  to  capitulate, 
was  it  not  the  duty  of  a  regene- 
rated people  to  declare,  for  iheir 
preservation  and  their  future  se- 
curity, that  all  the  territory  should 
be  their  own  indivisible  property  ? 

This  island,  in  old  times  habit- 
ed by  a  single  indigenous  race, 
became  the  theatre  of  a  long 
and  bloody  war  as  soon  as  the 


Spaniards  invaded  it;  for  they 
were  obliged  to  defend  themselves 
and  their  possessions  against  the 
French,  who  also  wished  to  estab- 
lish themselves  there.  Neither 
the  close  relationship  of  the  sove- 
reigns of  these  two  nations,  nor 
the  most  solemn  treaties,  were  able 
to  restrain  them.  And  if  two  peo- 
ple having  the  same  form  of  gov- 
ernment, could  not  live  in  peace 
in  this  land,  the  lesson  will  not  be 
lost  upon  us  ;  it  teaches  us  that  a 
2;rowing  people,  created  by  liber- 
ty, cannot,  without  danger  to  their 
national  existence,  live  in  the 
neighborhobd  of  a  nation  governed 
by  entirely  different  institutions.' 

The  President  exhorts  the  in- 
habitants of  the  eastern  part  of  the 
island,  and  its  dependencies,  to 
remain  firm  in  their  adherence  to 
the  Constitution,  he,  and  pro- 
mises his  protection  in  case  of 
danger.  The  Proclamation  con- 
cludes in  these  terms : 

'  We  have  declared  to  the  uni- 
verse our  desire  to  live  in  peace 
with  all  nations  ;  we  are  bound  to 
do  this  by  our  Constitution.  It 
has  always  been  our  determina- 
tion to  let  those  alone  who  do  not 
disturb  us;  but  if  our  territory 
should  be  violated,  we  shall  turn 
upon  our  agressors,  and  place  the 
destinies  of  Hayti  in  the  hands  of 
the  Sovereign  Arbiter  of  nations 
and  of  kings.'  The  Proclamation 
is  dated  on  the  6th  of  February, 
1830. 


PUBLIC  DOCUMENTS. 


[157 


GREAT    BRITAIN, 


The  King^s  Speech  and  Prorogation  of  Parliament,  July  23,  1830. 


House  of  Lords. 

The  doors  of  the  house  were 
opened  at  a  little  before  twelve 
o'clock  on  Friday. 

A  message  was  then  sent  to 
the  House  of  Commons,  and 
shortly  after  the  Speaker,  attend- 
ed by  several  of  the  members, 
appeared  below  the  bar. 

The  Speaker  of  the  House  of 
Commons  then  addressed  his 
Majesty  to  the  following  purport : 

May  it  please  your  Majesty, 

We,  your  Majesty's  faithful 
Commons  of  the  United  Kingdom 
of  Great  Britain  and  Ireland,  in 
Parliament  assembled,  approach 
your  Majesty  for  the  first  time 
since  your  accession  to  the  throne 
of  these  realms,  and  Sir,  it  would 
be  difficult  for  me  adequately  to 
express,  and  impossible  to  des- 
cribe the  loyal  attachment  to  your 
royal  person  and  government. 
Sir,  we  are  about  to  close  the 
session  of  Parliament,  of  great 
length  and  unprecedented  labor, 
confidently  anticipating  that  the 
objects  we  have  efiected  will  be 
productive  of  relief  to  a  large 
class  of  the  community,  and  of 
general  satisfaction  to  the  whole 
nation.  Sir,  in  the  gracious 
speech  which  the  Lords  Commis- 
sioners made  from  the  throne  at 
the  commencement  of  the  session, 
much  deep  concern  was  express- 
ed to  promote  the  happiness  and 
permanent  welfare  of  the  country. 
To  that  recommendation,  his  Maj- 
14 


esty's  faithful  Commons  have  at- 
tended with  the  most  anxious 
zeal  and  persevering  industry. 
We  have  addressed  our  atten- 
tion whereby  we  have  been  able 
to  effect  great  reduction  in  the 
expenditure,  without  impoverish- 
ing our  naval  and  military  estab- 
lishments, and  a  large  reduction 
of  taxation,  without  endangering 
the  public  credit.  We,  in  follow- 
ing up  our  labors  of  the  preceding 
session,  in  the  melioration  of  the 
criminal  laws,  have  consolidated 
and  amended  the  laws  relating  to 
the  crime  of  forgery,  and  in  miti- 
gating their  severity,  and  we  pre- 
sume to  hope,  have  increased 
their  efficacy.  We  have  also  ap- 
plied ourselves  to  great  and  com- 
prehensive improvements  in  the 
administration  of  justice  ;  in  the 
minor  law  courts  of  Westminster 
Hall,  in  the  Principality  of  Wales, 
and  in  Scotland — by  adapting  the 
powers  and  jurisdictions  of  the 
higher  courts  to  the  wants  and 
just  demands  of  this  most  indus- 
trious, enterprising,  powerful,  and 
enlightened  nation.  These  are 
the  leading  and  most  important 
subjects  to  which  our  inquiries 
have  been  directed  and  our  labors 
applied,  and  if  our  wishes  and 
exertions  be  responded  to  by  the 
benefits  we  looked  for,  and  the 
measures  be  perfected,  we  may 
conclude,  with  what  we  did  hope, 
that  we  shall  be  entided  to  your 
Majesty's  most  gracious  approba- 


153] 


ANNUAL  REGISTER,  1830—31. 


lion,  and  to  the  respect  and  grat- 
itude of  the  whole  nation. 

His  Majesty  then  delivered  the 
following  most  gracious  speech  : 

My  Lords  and  Gentlemen, 

On  this  first  occasion  of  meet- 
ing you,  I  am  desirous  of  repeat- 
ing to  you,  in  person,  my  cordial 
thanks  for  those  assurances  of 
sincere  sympathy  and  affection- 
ate attachment  which  you  con- 
veyed to  me  on  the  demise  of  my 
lamented  brother,  and  on  my  ac- 
cession to  the  throne  of  my  an- 
cestors. 

I  ascend  that  throne  with  a 
deep  sense  of  the  sacred  duties 
which  devolve  upon  me,  with  a 
firm  reliance  on  the  affection  of 
my  faithful  subjects,  and  on  the 
support  and  co-operation  of  Par- 
liament;  and  with  an  humble  and 
earnest  prayer  to  Almighty  God, 
that  he  will  prosper  my  anxious 
endeavors  to  promote  the  happi- 
ness of  a  free  and  loyal  people. 

It  is  with  the  utmost  satisfac- 
tion that  I  find  myself  enabled  to 
conj::ratulate  you  upon  the  general 
tranquillity  of  Europe.  This  tran- 
quillity it  will  be  the  object  of  my 
constant  endeavors  to  preserve, 
and  the  assurances  which  I  re- 
ceive from  my  allies,  and  from 
all  foreign  Powers,  .are  dictated 
in  a  similar  spirit. 

I  trust  that  the  good  under- 
standing which  prevails  upon  sub- 
jects of  common  interest,  and  the 
deep  concern  which  every  State 
must  have  in  maintaining  the 
peace  of  the  world,  will  insure 
thd  satisfactory  settlement  of  those 
matters  which  still  remain  to  be 
finally  arranged. 


Gentlemen  of  the  House  of  Commons^ 

I  thank  you  for  the  supplies 
which  you  have  granted,  and  for 
the  provision  which  you  have 
made  for  several  branches  of  the 
public  service  during  that  part  of 
the  present  year  which  must 
elapse  before  a  new  Parliament 
can  be  assembled. 

I  cordially  congratulate  you  on 
the  diminution  which  has  taken 
place  in  the  expenditure  of  the 
country,  on  the  reduction  of  the 
charge  of  the  public  debt,  and  on 
the  relief  which  you  have  afforded 
to  ray  people  by  the  repeal  of 
some  of  those  taxes  which  have 
heretofore  pressed  heavily  upon 
them. 

You  may  rely  upon  my  pru- 
dent and  economical  administra- 
tion of  the  supplies  which  you 
have  placed  at  my  disposal,  and 
upon  my  readiness  to  concur  in 
every  diminution  of  the  public 
charges  which  can  be  effected 
consistently  with  the  dignity  of 
the  crown,  the  maintenance  of 
national  faidi,  and  the  permanent 
interests  of  the  country. 

My  Lords  and  Gentlemen, 

I  cannot  put  an  end  to  this  ses- 
sion, and  take  my  leave  of  the 
present  Parliament,  without  ex- 
pressing my  cordial  thanks  for  the 
zeal  which  you  have  manifested, 
on  so  many  occasions,  for  the 
welfare  of  my  people. 

You  have  wisel}^  availed  your- 
selves of  the  happy  opportunity 
of  general  peace  and  internal  re- 
pose, calmly  to  review  many  of 
the  laws  and  judicial  establish- 
ments of  the  country  ;  and  you 
have  applied  such  cautious  and 
well  considered  reforms    as  are 


PUBLIC  DOCUMENTS. 


[159 


consistent  with  the  spirit  of  our 
venerable  institutions,  and  are 
calculated  to  facilitate  and  expe- 
dite the  administration  of  justice. 

You  have  removed  the  civil 
disqualifications  which  affected 
numerous  and  important  classes 
of  my  people. 

While  1  declare,  on  this  solemn 
occasion,  my  fixed  intention  to 
maintain  to  the  utmost  of  my 
power  the  Protestant  reformed 
religion  established  by  law,  let 
me  at  the  same  time  express  my 
earnest  hope  that  the  animosities 
which  have  prevailed  on  account 
of  religious  distinctions  may  be 
forgotten,  and  that  the  decision  of 
Parliament  with  respect  to  those 
distinctions  having  been  irrevoca- 
bly pronounced,  my  faithful  sub- 
jects will  unite  with  me  in  advan- 
cing the  great  object  contemplat- 
ed by  the  Legislature,  and  in 
promoting  that  spirit  of  domestic 
concord  and  peace  which  consti- 
tutes the  surest  basis  of  our  na- 
tional strength  and  happiness. 

Then  the  Lord  Chancellor,  by 
his  Majesty's  command,  said : 

My  Lords  and  Gentlemen, 

It  is  his  Majesty's  royal  will 
and  pleasure  that  this  Parliament 
be  prorogued  to  Tuesday,  the 
tenth  day  of  August  next. 

Imperial  Parliament. 
House  of  Lords. — Nov.  2, 1830. 

On  the  arrival  of  the  Commons, 
his  Majesty  delivered  the  follow- 
ing speech  : 

My  Lords,  and  Gentlemen, 

It  is  with  great  satisfaction  that 
I  meet  you  in  Parliament,  and 
that  I  am  enabled,  in  the  present 


conjuncture,  to  recur  to  your  ad- 
vice. 

Since  the  dissolution  of  die  late 
Parliament,  events  of  deep  inter- 
est and  importance  have  occurred 
on  the  continent  of  Eui'ope. 

The  elder  brancli  of  the  house 
of  Bourbon  no  longer  reigns  in 
France,  and  the  Duke  of  Orleans 
has  been  called  to  the  throne'  by 
the  title  of  King  of  the  French. 

Having  received  from  the  new 
Sovereign  a  declaration  of  his  ear- 
nest desire  to  cultivate  the  good 
understanding  and  to  maintain  in- 
violate all  the.  engagements  sub- 
sisting with  this  country,  I  did  not 
hesitate  to  continue  my  diplomatic 
relations  and  friendly  intercourse 
with  the  French  Court. 

I  have  witnessed,  with  deep  re- 
gret, the  state  of  affairs  in  the 
Low  Countries. 

I  lament  that  the  enlightened 
administration  of  the  king  should 
not  have  preserved  his  dominions 
from  revolt ;  and  that  the  wise 
and  prudent  measure  of  submitting 
the  desires  and  the  complaints  of 
his  people  to  the  deliberations  of 
an  extraordinary  meeting  of  the 
States  General  should  have  led 
to  no  satisfactory  result.  I  am 
endeavoring,  in  concert  with  my 
Allies,  to  devise  such  means  of 
restoring  tranquillity  as  may  be 
compatible  with  the  welfare  and 
good  government  of  the  Nether- 
lands, and  with  the  future  security 
of  other  states. 

Appearances  of  tumult  and  dis- 
order have  produced  uneasiness  in 
different  parts  of  Europe  ;  but  the 
assurances  of  a  friendly  disposi- 
tion, which  I  continue  to  receive 
from  all  Foreign  Powers,  justify 
die  expectation   that  1  shall  be 


160] 


ANNUAL  REGISTER,  1830—31. 


enabled  to  preserve  for  my  people 
the  blessings  of  peace. 

Impressed  at  all  times  with  the 
necessity  of  respecting  the  faith 
of  national  engagements,  I  am  per- 
suaded that  my  determination  to 
maintain,  in  conjunction  with  my 
Allies,  tliose  general  treaties  by 
which  the  political  system  of  Eu- 
rope has  been  established,  will 
offer  the  best  security  for  the  re- 
pose of  the  world. 

I  have  not  yet  accredited  my 
Ambassador  to  the  Court  of  Lis- 
bon ',  but  the  Portuguese  govern- 
ment having  determined  to  per- 
form a  great  act  of  justice  and 
humanity,  by  the  grant  of  a  gene- 
ral amnesty,  I  think  that  the  time 
may  shortly  arrive  when  the  inter- 
ests of  my  subjects  will  demand 
a  renewal  of  those  relations  which 
had  so  long  existed  between  the 
two  countries. 

I  am  impelled,  by  the  deep 
solicitude  which  I  feel  for  the  wel- 
fare of  my  people,  to  recommend 
to  your  immediate  consideration 
the  provisions  which  it  may  be 
advisable  to  make  for  the  exercise 
of  the  royal  authority,  in  case  that 
it  should  please  Almighty  God  to 
terminate  my  life  before  my  suc- 
cessor shall  have  arrived  at  years  - 
of  maturity. 

I  shall  be  prepared  to  concur 
with  you  in  the  adoption  of  those 
measures  which  may  appear  best 
calculated  to  maintain  unimpaired 
the  stability  and  dignity  of  the 
Crown,  and  thereby  to  strengthen 
the  securities  by  which  the  civil 
and  religious  liberties  of  my  people 
are  guarded. 

Gentlemen  of  the  House  of  Commons, 

I  have  ordered  the  estimates 


for  those  services  of  the  present 
year,  for  which  the  last  Parlia- 
ment did  not  fully  provide,  to  be 
forthwith  laid  before  you.  The 
estimates  for  the  ensuing  year 
will  be  prepared  with  that  strict 
regard  to  economy  which  I  am 
determined  to  enforce  in  every 
branch  of  the  public  expenditure. 

By  the  demise  of  my  lamented 
brother,  the  late  king,  the  civil 
list  revenue  has  expired. 

I  place  without  reserve  at  your 
disposal  my  interest  in  the  heredi- 
tary revenues,  and  in  those  funds 
which  may  be  derived  from  any 
droits  of  the  Crown  or  Admiralty, 
from  the  West  India  duties,  or 
from  any  casual  revenues,  either 
in  my  foreign  possessions  or  in 
the  United  Kingdom. 

In  surrendering  to  you  my  in- 
terest in  revenues  which  have  in 
the  former  settlements  of  the  civil 
list  been  reserved  to  the  Crown, 
I  rejoice  in  the  opportunity  of 
evincing  my  entire  reliance  on 
your  dutiful  attachment,  and  my 
confidence  that'you  will  cheerfully 
provide  all  that  may  be  necessary 
for  the  support  of  the  Civil  Gov- 
ernment, and  the  honor  and  dig- 
nity of  my  Crown. 

My  Lords,  anrl  Gentlemen, 

I  deeply  lament  that  in  some 
districts  of  the  country  the  prop- 
erty of  my  subjects  has  been  en- 
dangered by  combinations  for  the 
destruction  of  machinery ;  and 
that  serious  losses  have  been  sus- 
tained through  the  acts  of  wicked 
incendiaries. 

I  cannot  view  without  grief  and 
indignation  the  efforts  which  are  in- 
dustriously made  to  excite  among 
my  people  a  spirit  of  discontent 


PUBLIC  DOCUMENTS. 


[161 


Bnd  disaffection,  and  to  disturb 
the  concord  which  happily  pre- 
vails between  those  parts  of  my 
dominions,  the  union  of  which  is 
essential  to  dieir  common  strength 
and  common  happiness. 

I  am  determined  to  exert  to  the 
utmost  of  my  power  all  the  means 
which  the  law  and  die  consdtu- 
don  have  placed  at  my  disposal, 
for  the  punishment  of  sediuon, 
and  for  the  prompt  suppression  of 
outrage  and  disorder. 

Amidst  all  the  difficulties  of  the 
present  conjuncture,  1  reflect  with 
the  highest  satisfaction  on  the  loy- 
alty and  affectionate  attachment 
of  die  great  body  of  my  people. 

I  am  confident  that  they  justly 
appreciate  the  full  advantage  of 
that  happy  form  of  government, 
under  which,  through  the  favor  of 
divine  Providence,  this  country 
has  enjoyed  for  a  long  succession 
of  years  a  greater  share  of  inter- 
nal peace,  of  commercial  pros- 
perity, of  true  liberty,  of  all  that 
constitutes  social  happiness,  than 
has  fallen  to  the  lot  of  any  other 
country  of  the  world.  It  is  the 
groat  object  of  my  life  to  preserve 
these  blessings  to  my  people,  and 
to  transmit  them  unimpaired  to 
posterity ;  and  I  am  animated  in 
the  discharge  of  the  sacred  duty 
which  is  committed  to  me,  by  the 
firmest  reliance  on  the  wisdom  of 
Parliament,  and  on  the  cordial 
support  of  my  faithful  and  loyal 
subjects. 

The  King's  Speech  and  Proro- 
gation of  Parliament. 

Thursday,  Oct.  20, 1831. 

The  usual  preparations  for  the 
prorogation  of  Parliament  having 
14* 


been  previously  made,  the  king  ar- 
rived at  about  half  past  two.  Im- 
mediately afterwards  the  House 
of  Commons  were  summoned  to 
the  bar,  when  the  king  delivered 
the  following  speech  : 

My  Lords  and  Gentlemen, 

I  am  at  length  enabled  to  put 
an  end  to  a  session  of  unexampled 
duration  and  labor,  in  which  mat- 
ters of  the  deepest  interest  have 
been  brought  under  your  consider- 
ation. 

I  have  felt  sincere  satisfaction 
in  confirming,  by  my  royal  assent, 
bills  for  the  amendment  of  the 
game  laws,  and  for  the  reduction 
of  taxes  which  pressed  heavily  on 
the  industry  of  my  people  ;  and  1 
have  observed,  with  no  less  plea- 
sure, die  commencement  of  im- 
portant improvements  in  the  law 
of  bankruptcy,  from  which  the 
most  beneficial  effects  may  be  ex- 
pected. 

I  continue  to  receive  the  most 
gradfying  proofs  of  the  friendly 
disposition  of  Foreign  Powers. 

The  conference  assembled  in 
London  has  at  lengdi  terminated 
its  difficult  and  laborious  discus- 
sions by  an  arrangement  unani- 
mously agreeed  upon  by  the  Ple- 
nipotendaries  of  the  Five  Powers, 
for  the  separation  of  the  States 
of  Holland  and  Belgium,  on  terms 
by  which  the  interests  of  both,, 
together  with  the  future  security 
of  other  countries,  have  been 
carefully  provided  for. 

A  treaty  foimded  on  this  ar- 
rangement has  been  presented  to 
the  Dutch  and  Belgian  Plenipo- 
tentiaries ;  and  I  trust  that  its 
acceptance  by  their  respective 
courts,  which  I  anxiously  expect^ 


162] 


ANNUAL  REGISTER,  !S30—  31 


will  avert  the  dangers  by  which 
the  peace  of  Europe  was  threat- 
ened whilst  this  question  remained 
unsettled. 

Gentlemen  of  the  House  of  Commons, 

I  thank  you  for  the  provision 
made  for  the  future  dignity  and 
comfort  of  my  Royal  Consort,  in 
the  event  of  her  surviving  me, 
and  for  the  supphes  which  you 
have  granted  for  the  service  of 
the  present  year.  You  may  be 
assured  of  my  anxious  care  to 
have  them  administered  with  the 
strictest  attention  to  a  well-con- 
sidered economy. 

The  state  of  Europe  has  pro- 
duced the  necessity  of  an  increas- 
ed expenditure  in  the  various  es- 
tablishments of  the  public  service, 
which  it  will  be  my  earnest  de- 
sire to  reduce  wherever  it  can  be 
done  with  safety  to  the  interests 
of  the  country.  In  the  mean- 
time I  have  the  satisfaction  of  re- 
flecting that  these  demands  have 
been  provided  for  without  any 
material  addition  to  the  public 
burthens. 

My  Lords  and  Gentlemen, 

In  the  interval  of  repose  which 
may  now  be  afforded  you,  I  am 
sure  it  is  unnecessary  for  me  to 
recommend  to  you  the  most  care- 
ful attention  to  the   preservation 


of  tranquillity  in  your  respective 
counties. 

The  anxiety  which  has  been 
so  generally  manifested  by  ray 
people  for  the  accomplishment  of 
a  Constitutional  Reform  in  the 
Commons  House  of  Parliament, 
will,  I  trust,  be  regulated  by  a 
due  sense  of  the  necessity  of  or- 
der and  moderation  in  their  pro- 
ceedings. To  the  consideration 
of  this  important  question,  the  at- 
tention of  Parhament  must  neces- 
sarily again  be  called  at  the  open- 
ing of  the  ensuing  session ;  and 
you  may  be  assured  of  my  unal- 
tered desire  to  promote  its  settle- 
ment, by  such  improvements  in 
the  representation  as  may  be 
found  necessary  for  securing  to 
my  people  the  full  enjoyment  of 
their  respective  rights,  which,  in 
combination  with  those  of  the  oth- 
er orders  of  the  State,  are  essen- 
tial to  the  support  of  our  free 
Constitution. 

The  Lord  Chancellor  then 
said: — It  is  his  Majesty's  royal 
will  and  pleasure  that  this  Parlia- 
ment be  prorogued  to  Tuesday, 
the  22d  day  of  next  November, 
to  be  then  here  holden  ;  and  this 
Parliament  is  prorogued  accord- 
ingly. 

The  attendance  of  the  House 
of  Commons  was  numerous. 


PARLIA3IENT    0*F    LOWER    CANADA. GOVERNORS    SPEECH. 


Quebec,  Thursday,  January  27. 
This  day  the  Legislative  Coun- 
cil and  the  House  of  Assembly 
attended  his  Excellency  in  the 


Castle  of  St  Louis,  when  the 
Speaker  of  the  Legislative  Coun- 
cil, read  in  the  following  words, 
his  Excellency's  speech : 


PUBLIC  DOCUMENTS. 


[163 


Gentlemen  of  the  Legislative  Council, 
and  Gentlemen  of  the  House  of  As- 
sembly : 

The  convening  of  a  new  pro- 
vincial Parliament  which  has  been 
rendered  necessary  by  the  death 
of  his  late  Majesty,  and  my  own 
recent  appointment  to  this  Gov- 
ernment, are  circumstances  which 
would  have  made  it  desirable  to 
call  you  together  at  an  earlier  pe- 
riod ;  but  I  have  been  induced  to 
defer  doing  so  until  the  corres- 
ponding season  of  last  year's  meet- 
ing, under  the  impression  that  I 
was  thereby  more  effectually  con- 
sulting your  personal  conven- 
ience. 

The  loss  which  his  Majesty,  and 
the  Royal  Family,  and  the  whole 
of  his  Majesty's  subjects  have  sus- 
tained by  the  demise  of  his  late 
Majesty,  will,  I  doubt  not,  have 
been  the  cause  of  grief  to  his 
Majesty's  faithful  Canadian  sub- 
jects. 

My  inexperience  in  regard  to 
the  local  concerns  of  this  prov- 
ince does  not,  as  yet,  permit  of 
my  directing  your  attention  to  any 
particular  object  connected  with 
its  internal  improvement ;  but  i 
can  assure  you,  that  1  am  now, 
and  have  been  ever  since  ray  ar- 
rival amongst  you,  diligently  em- 
ployed in  acquiring  such  informa- 
tion on  those  points,  as  may,  I 
trust,  enable  me  hereafter  to  offer 
some  useful  suggestions  for  your 
consideration. 

There  is,  however,  one  subject 
to  which  1  wish  briefly  to  advert ; 
I  mean  the  Currency ;  and  I  do 
so  merely  for  the  purpose  of  in- 
forming you  that  I  am  in  posses- 
sion of  some  further  information 
on  that  subject,  which  shall  be 


placed  at  your  disposal  in  the 
event  of  your  taking  up  the  con- 
sideration of  it  again. 

I  had  entertained  a  hope  that  I 
should  have  been  enabled  to  lay 
before  you  some  communication 
from  his  Majesty's   Government, 
upon  the    question  of  Finance, 
which  has  occupied  much  of  the 
attention  of  the   Legislature   of 
this  province  ;  but  not   having  it 
yet  in  my  power  to  do  so,  I  think 
it  necessary  to  apprise  you,  that 
I  have  reason  to  know  that  the 
unavoidable  pressure  of  public  bu- 
siness incidental  to  the  death  of 
his  late  Majesty,  and  the  change 
of  Administration  which  has  re- 
cently  taken  place    in  England, 
have  interrupted  the  progress  of 
measures    contemplated    by   his 
Majesty's   Government   on    that 
subject.     These  measures  I  have 
every  reason  to  believe  will  soon 
be  brought  to  maturity.     In  the 
inean while  it  may  be  satisfactory 
to  you  to  learn,  that  his  Majesty's 
Government  is  deeply  impressed 
with  the  necessity  of  an  immedi- 
ate and  satisfactory  adjustment  of 
the  question  to  which  I  have  al- 
luded, and  1  am  sanguine  enough 
to  hope  that  the  instructions  which 
I  am  led  to  expect,  will  be  calcu- 
lated to   prevent  the  chance  of 
future  collision  on  this  subject. 

Under  these  circumstances, 
you  will,  I  trust,  see  the  necessity 
of  making  some  provisional  ar- 
rangement for  meeting  the  ex- 
penditure of  the  Government, 
upon  the  assurance  that  his  Maj- 
esty entertains  an  earnest  desire 
to  see  the  financial  concerns  of 
the  province  placed,  without  loss 
of  time,  upon  a  footing  which  may 
be  at  once  compatible  with  the 


164] 


ANNUAL  REGISTER.  1830—31. 


exigencies  of  the  public  service, 
and  with  the  wishes  and  feelings 
of  his  Majesty's  faithful  subjects 
in  Lower  Canada.  His  Majesty 
has  no  desire  to  call  upon  them 
for  any  supplies  beyond  such  as 
may  upon  full  consideration  be 
found  essential,  his  Majesty  hav- 
ing no  object  more  at  heart  than 
the  comfort,  the  prosperity  and 
the  happiness  of  a  people,  who 
are  endeared  to  him  by  many 
ties,  and  whose  growing  impor- 
tance in  all  the  relations  of  the 
British  Empire,  his  Majesty  fully 
appreciates. 

Gentlemen  of  the  House  of  Assembly, 

The  accounts  of  the  past  year 
are  m  a  forward  state  of  prepara- 
tion, and  I  have  every  reason  to 
believe,  that  they  will  be  ready 
to  be  laid  before  you,  previous  to 
the  expiration  of  the  period  fixed 
by  Legislative  regulation  for  the 
production  of  the  public  accounts. 

An  estimate  of  the  expenses 
for  the  ensuing  year  is  also  in 
preparation,  and  will  shortly  be 
ready  to  be  submitted  to  you. 

Gentlemen  of  the  Legislative  Council, 
Gentlemen  of  the  House  of  Assembly, 

The  accession  of  his  Majesty, 
King  William  the  Fourth,  and  his 
consort  Queen  Adelaide,  an  event 
which  has  filled  with  joy  the 
heart  of  every  British  subject,  af- 
fords an  opportunity  of  express- 
ing those  sentiments  of  loyalty 
and  attachment  to  the  reigning 
Royal  Family,  by  which  his 
Majesty's  faithful  and  loyal  Cana- 
dian subjects  have  ever  been  dis- 
tinguished. 

Were  I  to  consult  my  own  in- 
clination on  the  present  occasion, 
1  should  avoid  saying  anything  re- 


garding myself  personally ;  but 
appearing  before  you,  as  I  now 
do,  for  the  first  time,  I  think  it 
necessary  to  detain  you  a  few 
moments  longer,  while  I  express 
the  deep  sense  I  entertain  of  the 
importance  of  the  arduous  duties 
which  the  King  has  been  gra- 
ciously pleased  to  confide  to  me; 
and  although  personally  a  stran- 
ger to  this  part  of  his  Majesty's 
dominions,  I  am,  nevertheless, 
fully  aware  of  the  nature  and  ex- 
tent of  the  difficulties  by  which 
those  duties  are  surrounded  ;  how 
to  surmount  the  difficulties  to 
which  I  now  allude,  shall  be  the 
object  of  my  constant  study,  and 
conscious  of  my  own  deficiencies, 
I  shall  endeavor  to  supply  my 
want  of  ability  for  the  task,  by  a 
strict  and  steady  adherence  to 
those  principles  of  justice  and  im- 
partiality which  I  am  quite  sure 
will  never  mislead  me. 

It  may  be,  that  my  efforts  are 
not  destined  to  be  crowned  with 
success  ;  I  will,  at  least,  endeavor 
to  deserve  it. 

In  conclusion  :  It  is  worthy  of 
observation  that  your  present 
meeting  is  marked  by  peculiar 
circumstances.  You  are  now,  for 
the  first  time,  called  together  un- 
der the  authority  of  his  present 
Majesty  King  William  the  Fourth, 
and  the  popular  branch  of  the 
Legislature  which  has  been  con- 
siderably extended  by  a  late  Leg- 
islative enactment,  assembles  now, 
also  for  the  first  time,  with  its 
augmented  members.  These  cir- 
cumstances, Gendemen,  consti- 
tute the  commencement  of  a  new 
era  in  your  Parliamentary  history : 
an  era,  which  I  do  most  earnestly 
hope   may    be   distinguished   by 


PUBLIC  DOCUMENTS. 


[165 


that  harmony  and  good  under- 
standing between  the  several 
branches  of  the  Legislature,  which 
is  so  essentially  necessary  to  give 
full  effect  to  the  advantages  of 
the  Constitution  you  have  the 
happiness  to  possess,  and  for  the 
preservation  of  which,  as  by  law 
established,  it  is,  I  am  well  con- 
vinced, equally  the  interest  of  ev- 
ery Canadian  subject  of  his  Maj- 
esty to  pray  fervently  to  Almighty 
God. 

The  Revenue, 

House  of  Assembly,  ) 

Quebec,  Feb.  23,  1831.  5 

Mr  Secretary  Gleeg  presented 
the  following  message  from  the 
Governor : 

Aylmer,  Governor  in  Chief. 

The  Governor  in  Chief  has  re- 
ceived from  the  Secretary  of 
State  for  the  Colonial  Depart- 
ment, his  Majesty's  commands  to 
make  the  following  communica- 
tion to  the  House  of  Assembly, 
with  a  view  to  the  final  adjust- 
ment of  the  question  of  Finance, 
which  has  so  long  engaged  the 
attention  of  the  Legislature  of 
this  province. 

His  Majesty  taking  into  con- 
sideration the  best  mode  of  con- 
tributing to  the  prosperity  and 
contentment  of  his  faithful  sub- 
jects of  the  province  of  Lower 
Canada,  places  at  the  disposal  of 
the  Legislature,  all  his  Majesty's 
interest  in  those  taxes  which  are 
now  levied  in  the  province,  by 
virtue  of  different  acts  of  the 
British  Parliament,  and  which  are 
appropriated  by  the  Treasury  un- 
der his  Majesty's  commands,  to- 


gether with  all  fines  and  forfeit- 
ures levied  under  the  authority 
of  such  acts.  His  Majesty  rely- 
ing on  the  liberality  and  justice 
of  the  Legislature  of  Lower  Can- 
ada, invites  them  to  consider  the 
piopriety  of  making  some  settled 
provision  for  such  portion  of  the 
expenses  of  the  Civil  Govern- 
ment of  the  province  as  may,  up- 
on examination,  appear  to  require 
an  arrangement  of  a  more  perma- 
nent nature  than  those  supplies 
which  it  belongs  to  the  Legisla- 
ture to  determine  by  annual  votes. 

His  Majesty  has  directed  to  be 
prepared  and  laid  before  the 
House  of  Assembly,  an  estimate 
of  the  sums  required  for  that  pur- 
pose ;  and  in  directing  the  prepa- 
ration of  that  estimate,  his  Majes- 
ty has  been  guided  by  a  wish,^ 
never  absent  from  his  heart,  to 
call  upon  his  faithful  subjects  for 
no  other  supply  than  such  as  may 
appear  to  be  required  for  the  due 
execution  of  those  services  which 
it  is  proposed  to  charge  upon  the 
Civil  List. 

His  Majesty  concedes  the  dis- 
posal of  those  Revenues  with  cor- 
dial good  will,  and  cannot  doubt 
that  it  will  be  met  with  a  recipro- 
cal feeling  by  the  Representatives 
of  a  loyal  and  attached  people. 

The  Revenues  to  be  given  up, 
taken  upon  the  average  of  the 
last  two  years,  amount  to  thirty- 
eight  thousand  one  hundred  and 
tv/entyfive  pounds  currency,  and 
the  amount  of  the  Civil  List,  ac^ 
cording  to  the  estimate  herewith 
transmitted,  amounts  to  nineteen 
thousand  five  hundred  pounds. 
Jt  is  not,  however,  necessary 
to  call  upon  the  Legislature  to 
grant  the  whole  sum  of  nineteen 


166] 


ANNUAL  REGISTER,  1830—31. 


thousand  five  hundred  pounds, 
inasmuch  as  by  the  provincial 
act  of  the  35th  of  Geo.  Ill,  the 
sum  of  five  thousand  pounds  is 
permanently  granted  towards  the 
maintenance  of  the  Civil  Govern- 
ment ;  the  moderate  sum  of 
fourteen  thousand  five  hundred 
pounds,  is  therefore  all  that  is 
deemed  necessary  to  ask  for  the 
completion  of  the  proposed  ar- 
rangement. 

It  is  proposed  that  the  duration 
of  the  Civil  List  should  be  for  the 
life  of  his  Majesty. 

It  is  hoped  that  the  arrange- 
ments thus  detailed  will  be  receiv- 
ed in  the  spirit  in  which  they  are 
dictated,  a  spirit  of  conciliation 
and  confidence. 

His  Majesty  is  prepared  to  sur- 
render a  large  and  increasing  Rev- 
enue ;  he  asks  in  return  for  a 
fixed  and  moderate  Civil  List, 
much  less  in  amount  than  the 
Revenue  given  up  ;  and  the  set- 
tlement of  this  long  agitated  ques- 
tion, will  be  deemed  by  his  Maj- 
esty one  of  the  happiest  events  of 
his  reign,  the  glory  of  which,  the 
people  of  Canada  may  be  assur- 
ed, will  be  the  promotion  of  the 
happiness  and  content  of  all  class- 
es of  his  subjects  in  every  quarter 
of  the  globe. 

The  Governor-in-Chief  hav- 
ing thus  obeyed  the  commands 
he  has  received,  in  making  the 
foregoing  communication  to  the 
House  of  Assembly,  desires  to 
add  that  if  in  the  course  of  their 
proceedings  on  this  important 
question,  they  should  deem  it  ex- 
pedient to  require  explanations 
from  him  on  the  subject  of  it,  he 
will  at  all  times  be  ready  to  af- 
ford such  explanations  ;  and  he 


will,  moreover,  most  willingly 
supply  any  further  information 
they  may  desire  to  have,  to  the 
utmost  extent  compatible  with 
his  duty  to  his  Sovereign. 

Proposed    Civil  List. 

Castle  of  St  Lewis,  > 

Quebec,  23d  February,  1831.  > 

Class  No.  1. — Governor's  sal- 
ary £4500,  Civil  Secretary  £500, 
Contingencies  £300  ;  total,  £5- 
300.  Class  No.  2.— Chief  Just- 
ice £1500,  ditto,  Montreal  £1,- 
200,  6  Puisne  Judges  £900  each, 
£5400,  Resident  Judge  at  3 
Rivers  £900, 2  Provincial  Judges 
£1000,  Judge  of  Vice  Admiralty 
£200,  Attorney  General  £300, 
Solicitor  General  £200,  Allow- 
ances for  Judges  for  Circuits 
£275,  Contingencies  £475;  to- 
tal £11,450.  Class  No.  3.— 
Pensions  £1000,  Miscellaneous 
£1750;  total  £2750.  Total  3 
Classes,  sterling,  £19,500. 

Statement  of  the  average  net 
produce  of  the  Revenues,  under 
the  following  heads,  founded  of 
the  receipts  of  the  two  last  years, 
after  deducting  the  proportion  for 
Upper  Canada  : — Customs  under 
imperial  act,  14  Geo.  III.  c.  88, 
£31,742,  licenses  under  ditto 
£2200.  Do.  under  provincial 
act  41st,  Geo.  IH.  £62,  Cus- 
toms under  ditto,  £3735,  Fine 
and  Forfeitures  386 ;  total  Cur- 
rency £38,125. 

Joseph  Cary,  Inspector  Gen- 
eral Public  Provincial  Accounts, 

Second  Message,  Feb.  25. 
Atlmer,  Governor-in-Chief. 

The  Governor-in-Chief  having 
in  his  message  of  23d  instant, 


PUBLIC  DOCUMENTS. 


[167 


communicated  to  the  House  of 
Assembly  the  commands  of  his 
Majesty,  received  through  the 
Secretary  of  State  for  the  Colo- 
nial Department,  regarding  the 
question  of  Finance  which  has 
for  so  long  a  period  engaged  their 
attention,  thinks  it  necessary  to 
enumerate  in  detail  the  several 
branches  of  Revenue  which  it  is 
deemed  expedient  to  exempt 
from  the  operation  of  the  propos- 
ed arrangement. 

This  further  communication 
appears  to  his  Excellency  to  be 
the  more  desirable  as  it  will  re- 
move all  grounds  for  future  dis- 
cussion when  the  adjustment  of 
tlie  main  question  shall  have  taken 
place,  and  as  it  will  enable  the 
House  of  Assembly  to  enter  upon 
the  consideration  of  this  import- 
ant topic  with  a  full  and  precise 
understanding  of  the  views  of 
his  Majesty's  Government ;  these 
views  are  now  exhibited  by  the 
Governor-in-Chief  to  the  House 
of  Assembly  in  that  spirit  of 
frankness  and  good  faith  which 
characterizes  the  instructions  he 
has  received,  and  which  cannot 
fail  to  improve  the  confidence  of 
the  House  of  Assembly  in  the 
good  intentions  of  his  Majesty's 
Government. 

The  Revenue^  to  which  the 
Governor-in-Chief  alludes  are  the 
Casual  and  Territorial  Revenues 
of  the  Crown,  and  are  classed  nu- 
der  the   following  lieads,  viz. — 


1.  Rents,  Jesuits,  Estates.  2. 
Rent  of  the  King's  Posts.  3. 
Forges  of  St  Maurice.  4.  Rent 
of  King's  Wharf.  5.  Droit  de 
Quint.  6.  Lods  et  Ventes.  7. 
Land  Fund.  8.  Timber  Fund. 
If  the  Funds  derived  from  these 
sources  operated  in  any  degree 
as  a  tax  upon  the  people,  or  tend- 
ed either  in  their  nature,  or  in  the 
mode  of  their  collection,  to  im- 
pede or  impair  the  prosperity  of 
the  province,  his  Majesty's  Gov- 
ernment would  have  hesitated 
in  proposing  to  retain  them  at  the 
disposal  of  the  Crown.  They 
stand,  however,  upon  a  perfectly 
different  ground  from  taxes,  prop- 
erly so  called.  They  are  enjoy- 
ed by  the  Crown,  by,  virtue  of 
the  Royal  prerogative,  and  are 
neither  more  nor  less  than  the 
proceeds  of  landed  property, 
which  legally  and  constitutionally 
belongs  to  the  Sovereign  on  the 
throne  ;  and  as  long  as  they 
are  applied,  not  to  undue  purpos- 
es of  mere  patronage,  but  to  ob- 
jects which  are  closely  connected 
with  the  public  interests  of  the 
province,  it  is  not  easy  to  con- 
ceive upon  what  grounds  of  ab- 
stract propriety,  or  of  constitu- 
tional jealousy,  the  application  of 
them  according  to  his  Majesty ^s 
commands,  under  responsible  ad- 
vice, can  be  impugned. 

Castle  of  St  Lewis.  Quebec.  25th  Feb. 
1831. \ 


163] 


ANNUAL  REGISTER,  1830—31. 


LEGISLATURE    OF    UPPER    CANADA.- — PROVINCIAL    REVENUE. 


Copy  of  a  Message  sent  down  to  the 
House  of  Assembly  by  the  Lieutenant 
Governor,  February  28,  1831. 

J.    COLBORNE. 

The  Lieutenant  Governor  has 
the  satisfaction  to  inform  the  House 
of  Assembly,  that  the  King  places 
at  the  disposal  of  the  provincial 
Legislature,  all  his  Majesty's  in- 
terest in  the  duties  which  are  col- 
lected under  the  British  statute  of 
the  14  Geo.  III.  chap.  88,  and 
which  have  hitherto  been  applied 
to  the  support  of  the  Civil  Gov- 
ernment by  warrants  of  the  Lords 
Commissioners  of  his  Majesty's 
Treasury. 

His  Majesty  in  conceding  the 
complete  disposal  of  this  increas- 
ing revenue,  has  naturally  the  con- 
fident expectation,  that  so  great  a 
proof  of  his  anxious  desire  to  con- 
sult the  wishes  of  his  faithful  and 
loyal  subjects  in  Upper  Canada, 
will  be  met  with  a  reciprocal  feel- 
ing by  their  Representatives. 

The  Lieutenant  Governor  is 
therefore  instructed  to  acquaint 
the  House,  that  his  Majesty's 
Government  trusts  that  the  Legis- 
lature will  think  it  indispensable 
that  provision  should  be  immedi- 
ately made  for  the  salaries  of  the 
Lieutenant  Governor,  the  Judges 
and  principal  officers  of  the  Gov- 
ernment, and  for  such  expenses 
of  the  Civil  Government  and  ad- 
ministration of  justice  as  may  ap- 
pear upon  examination  of  the  esti- 
mates in  possession  of  the  House, 
to  require  a  more  permanent  ar- 
rangement than  the  supplies  which 
are  granted  by   annual  vote. 

The   sum   of  eight  thousand 
pounds  is  deemed  sufficient   by 


his  Majesty's  Government  for  this 
important  object,  exclusive  of  the 
sum  granted  permanently  by  a 
provincial  act,  towards  the  main- 
tenance of  the  Civil  Government. 
The  Revenue  to  be  ceded  can- 
not be  calculated  at  less  than  elev- 
en thousand  five  hundred  pounds 
sterling,  and  it  will  be  highly  gra- 
tifying to  the  Lieutenant  Governor 
to  concur  in  any  measure  that  may 
accelerate  the  final  arrangements 
proposed  by  his  Majesty's  Gov- 
ernment to  give  eiFect  to  his  Ma- 
jesty's gracious  intentions,  and  to 
the  decision  of  the  British  Parlia- 
ment, when  the  Lords  of  the 
Treasury  may  be  released  from 
the  obligation  of  appropriating  in 
future  the  duties  referred  to  in 
this  communication. 

Copy  of  a  Message  sent  down  on  the 
1st  of  March. 

J.    CoLBORNE. 

The  Lieutenant  Governor,  with 
reference  to  his  communication  of 
yesterday,  transmits  for  the  infor- 
mation of  the  House  of  Assembly, 
estimates  of  the  expenses  of  the 
Civil  Government. 

Government  House,  1st  March,  1831. 


Estimate  of  Expenses  requiring  a  more 
Permanent  Arrangement  than  an  An- 
nual Vote. 

Salary  of  the  Lieutenant 

Governor  £3,000  00  00 
Judges  3,300  00  00 
Attorney  General  300  00  00 
Solicitor  General  100  00  00 
Secretary  of  the  Province  300  00  00 
Retired  Judges  2,700  00  00 
Contingent  and  Miscella- 
neous 800  00  00 


Sterling,    £10,500  00  00 


PUBLIC  DOCUMENTS. 


[109 


Estimate  of  the  Expenses  of  the  Civil 
Government— Continued. 

Speaker  of  the  Legislative 

Council  £360  00  00 

Five  Executive  Councillors  500  00  00 
Receiver  General  200  00  00 

Surveyor  General  300  00  00 

Clerk  of  the  Executive 

Council  200  00  00 

Clerk  of  the  Crown  and  Pleas  100  00  00 


Sterling,    £1,600  00  00 


Public  OfBces. 
Government  Ojffice. 
Secretary's  Salary  122  10  00 
Three  Clerks      550  00  00 


Executive  Council  Office. 

Two  Clerks  332  10  Oe 

Secretary  &  Register's  Office. 
One  Clerk  and  Deputy  Se- 
cretary 150  00  CO 

Receiver  General's  Office. 
Two  Clerks  332  10  00 

Surveyor  General's  Office. 
Draughtsman  and  four 

Clerks  726  05  07^ 

Inspector  General's  Office. 
Two  Clerks  332  10  00 

Contingent  expenses  of  the 
public  offices  1,500  00  00 

Contingent  expenses  ofthe 
administration  of  Justice  1,800  00  00 


-732  10  00 


Sterling,.  £7,566  05  07,^ 


PRANCE. 


Constitutional    Charter   of  the 
French, 

As  decreed  on  August  8,  1830,  by  the 
two  Legislative  Chambers,  and  pre- 
sented for  the  acceptance  of  H.  R.  H. 
MoNSEiGNEUR  the  Duke  of  Orleans, 
Lieutenant  General  ofthe  Kingdom. 

This  Charter  is  nothing  but 
the  ancient  charter  with  the  sup- 
pressions, the  extensions  and  in- 
terpretations, adopted  by  both 
Chambers  in  favor  of  liberty. 
We  publish  it  in  the  only  text 
which  now  constitutes  the  public 
law  of  France  ;  we  have  indicated 
by  italics  the  order  or  amended 
article,  and  in  notes  have  given 
the  changes  or  suppressed  articles. 

The  whole  preamble  of  the 
ancient  charter  was  suppressed, 
as  containing  the  principle  of  con- 
cession and  octroi  (grant,)  incom- 
patible with  that  of  the  acknow- 
ledgment of  national  power,  from 
which  alone  all  other  powers  le- 
gally  emanate,   and   more  than 


every  other,  that  of  constitutional 
royalty* 

The  following  is  the  substitu- 
tion of  the  preamble 

DECLARATION    OF    THE     CHAMBER     OF 
DEPVTIES. 

The  Chamber  of  Deputies, 
taking  into  consideration  the  im- 
perious necessity  which  results 
from  the  events  ofthe  26th,  27th, 
28th,  and  29th  of  July,  and  the 
following  days  j  and  from  the  sit- 
uation in  which  France  is  placed 
in  consequence  of  the  violation  ol 
the  Constitutional  Charter : 

Considering,  moreover,  that  by 
this  violation,  and  the  heroic  re- 
sistance of  the  citizens  of  Paris, 
his  Majesty  Charles  X.,  his  Royal 
Highness  Louis-Antoine,  dau- 
phin, and  all  the  members  of  the 
senior  branch  of  the  royal  house 
are  leaving,  at  this  moment,  the 
French  territory : 

Declares  that  the  Throne  is 


15 


170] 


ANNUAL  REGISTER,  1830—31. 


vacant  de  facto  et  de  jure,  and 
that  it  Is  necessary  to  fill  it. 

The  Chamber  of  Deputies  de- 
clare, secondly,  that  according  to 
the  wish,  and  for  the  interest  of 
the  French  people,  the  preamble 
of  the  Constitutional  Charter  is 
suppressed,  as  wounding  the  na- 
tional dignity  in  appearing  to  grant 
to  the  French  rights  which  essen- 
tially belong  to  them;  and  that 
the  following  Articles  of  the  same 
Charter  ought  to  be  suppressed  or 
modified  in  the  following  manner. 

Louis  Philip,  King  of  the 
French,  to  all  to  whom  these 
presents  shall  come,  greeting  : 

We  have  ordained  and  ordain, 
that  the  Constitutional  Charter  of 
1814,  as  amended  by  the  two 
Chambers,  on  the  7th  August, 
and  adopted  by  us  on  the  9th,  be 
published  anew  in  the  following 
terms : 

PUBLIC  LAW  or  THE  FRENCH. 

Article  1.  Frenchmen  are 
equal  before  the  law,  whatever 
otherwise  may  be  their  tides  or 
their  ranks. 

2.  They  contribute  in  propor- 
tion to  their  fortunes  to  the 
charges  of  the  state. 

3.  They  are  all  equally  admis- 
sible to  civil  and  military  employ- 
ments. 

4.  Their  individual  liberty  is 
equally  guaranteed.  No  person 
can  be  either  prosecuted  or  ar- 
rested, except  in  cases  provided 
for  by  the  law,  and  in  the  form 
which  it  prescribes. 

5.  Each  one  may  profess  his 
religion  with  equal  liberty  and 
shall  receive  for  his  religious  wor- 
ship the  same  protection. 

6.  The  Ministers  of  the  Cath- 


olic, Apostolic,  and  Roman  Re- 
ligion, professed  by  the  majority 
of  the  French,  and  those  of  other 
Christian  worship,  receive  sti- 
pends from  the  public  treasury. (I) 

7.  Frenchmen  have  the  right 
of  publishing  and  causing  to  be 
printed  their  opinions,  provided 
they  conform  tliemselves  to  the 
laws. 

The  Censorship  can  never  be 
re-established,  (2) 

8.  All  property  is  inviolable, 
without  exception  of  that  which 
is  called  national,  the  law  making 
no  difference  between  them. 

9.  The  state  can  exact  the  sa- 
crifice of  property  for  the  good  of 
the  public,  legally  proved,  but 
with  a  previous  indemnity. 

10.  All  examination  into  the 
opinions  and  votes  given  before 
the  restoration  are  interdicted, 
and  the  same  oblivion  is  com- 
manded to  be  adopted  by  the 
tribunals  and  by  the  citizens. 

1 1 .  The  Conscription  is  abol- 
ished. The  method  of  recruiting 
the  army  for  land  and  sea  is  to  be 
determined  by  the  law. 

FORMS    OF    THE    KI5g's    GOVERNMENT. 

1 2.  The  person  of  the  King  is 
inviolable  and  sacred.    His  minis- 

(1)  This  article  6  is  substituted  for  the 
articles  6  and  7  of  the  old  Charter,  which 
ran  thus  : 

6.  However,  the  Catholic,  Apostolic, 
and  Roman  religion,  is  the  religion  of 
the  state. 

7.  The  Ministers  of  the  Catholic, 
Apostolic,  and  Roman  religion,  and 
those  of  other  Christian  confessions, 
alone  receive  stipends  from  the  public 
treasury. 

(2)  Article  8  of  the  old  Charter: 
The  French  have  the  right  to  publish 

and  to  cause  to  be  published,  their  opin- 
ions, conforming  themselves  to  the  laws, 
which  shall  prevent  the  abuse  of  this 
liberty. 


PUBLIC  DOCUMENTS. 


[171 


ters  are  responsible.    To  the  king 
alone  belongs  executive  power. 

13.  The  King  is  the  supreme 
head  of  the  state ;  commands  the 
forces  by  sea  and  by  land ;  de* 
clares  war,  makes  treaties  of  peace 
and  alliance  and  of  commerce ; 
he  appoints  to  all  offices  in  public 
administration,  and  makes  all  reg- 
ulations necessary  for  the  execu- 
tion of  the  laws,  without  ever 
having  power  either  to  suspend 
the  laws  themselves,  or  dispense 
with  their  execution. 

JSTevertheless,  no  foreign  troops 
can  he  admitted  into  the  service 
of  the  state  without  an  express 
iaw,     (3) 

14.  The  Legislative  power  is 
to  be  exercised  collectively  by 
the  King,  the  Chamber  of  Peers, 
and  the  Chamber  of  Deputies.  (4) 

15.  The  proposition  of  the  laws 
belongs  to  the  King,  to  the  Cham- 
ber of  Peers,  and  to  the  Cham- 
ber of  Deputies. 

JVevertheless,  all  the  laws  of 
Taxes  are  to  be  first  voted  by  the 
Chamber  of  Deputies.     (5) 


(3)  Article  14  of  the  old  Charter : 
The    King   is  the  supreme  head    of 

the  state,  commands  the  forces  by  land 
and  sea,  declares  war,  makes  treaties 
of  peace,  alliance,  and  commerce,  ap- 
points to  all  offices  of  public  administra- 
tion, and  makes  rules  and  orders,  neces- 
sary for  the  execution  of  the  laws,  and 
the  safety  of  the  state. 

(4)  There  was  in  Article  15  of  the 
old  Charter  :  and  the  Chamber  of  Depu- 
ties of  the  Departments.  These  three 
last  words  have  been  suppressed. 

(5)  Article  15  is  in  the  place  of  Arti- 
cles 16  and  17  of  the  old  Charter,  which 
were  thus : 

Article  16.  The  King  proposes  the  law. 

Article  17.  The  proposition  of  the  law 
is  carried,  at  the  pleasure  of  the  King,  to 
\'tie  Chamber  of  Peers  or  that  of  the 
Deputies,  except  the  law  of  taxes,  which 
is  to  be  directed  to  the  Chamber  of  De- 
liuties. 


16.  Every  law  is  to  be  dis- 
cussed and  freely  voted  by  the 
majority  of  each  of  the  two 
Chambers. 

17.  If  a  proposed  law  be  re- 
jected by  one  of  the  three  powers, 
ii  cannot  he  brought  forward 
again  in  the  same  session.     (6) 

18.  The  King  alone  sanc- 
tions and  promulgates  the  laws. 

J  9.  The  civil  list  is  to  be  fixed 
for  the  duration  of  the  reign  by 
the  Legislative  Assembly  after  the 
accession  of  the  King. 

OF    THE    CHAMBER   OF    PEERS. 

20.  The  Chamber  of  Peers 
is  to  form  an  essential  portion  of 
the  Legislative  Power. 

21.  It  is  convoked  by  the  King 
at  the  same  time  as  the  Cham- 
ber of  Deputies.  The  session  of 
one  begins  and  ends  at  the  same 
time  as  that  of  the  other. 

22.  Any  Assembly  of  the 
Chamber  of  Peers,  which  should 
be  held  at  a  time  which  is  not  that 
of  the  session  of  the  Chamber  of 
Deputies,  is  illicit,  and  null  of  full 
right,  except  the  only  case  in  which 
it  is   assembled   as  a  Court  of 


(6)  Article  17  is  substituted  for  arti- 
cles 19,  20,  and  21,  suppressed  as  use- 
less, after  the  preceding  provisions. 
They  were  the  following  : 

Article  19.  The  Chambers  have  the 
right  to  petition  the  King  to  propose 
a  law  on  any  subject  whatever,  and  to 
indicate  what  seems  to  them  proper,  the 
law  ought  to  contain. 

Article  20.  This  request  may  be  made 
by  each  of  the  Chambers,  but  after  hav- 
ing been  discussed  in  secret  committee  : 
it  is  not  to  be  sent  to  the  other  Cham- 
ber, by  that  which  proposes,  until  after 
the  lapse  often  days. 

Article  21 .  If  the  proposition  is  adopt- 
ed by  the  other  chamber,  it  is  to  be  lajd 
before  the  King ;  if  it  is  rejected,  it  can- 
not be  presented  again  in  the  same  ses- 
sion. 


172] 


ANNUAL  REGISTER,  1830—31. 


Justice,  and  then  it  can  only  exer- 
cise judicial  functions,  (7) 

23.  The  nomination  of  the 
Peers  of  France  belongs  to  the 
King.  Their  number  is  unlimit- 
ed ;  he  can  vary  their  dignities, 
and  name  them  Peers  for  life,  or 
make  them  hereditary  at  his  plea- 
sure. ' 

24.  Peers  can  enter  the  Cham- 
ber at  twentyfive  years  of  age, 
but  have  only  a  deliberative  voice 
at  the  age  of  thirty  years. 

25.  The  Chamber  of  Peers 
is  to  be  presided  over  by  the 
Chancellor  of  France ;  and  in 
his  absence,  by  a  Peer  named 
by  the  King. 

26.  The  Princes  of  blood  are 
to  be  Peers  by  right  o(  birth. 
They  are  to  take  their  seats  ifnme- 
diately  behind  the  President.  (8) 

27.  The  sittings  of  the  Cham- 
ber of  Peers  are  public  as  that  of 
the  Chamber  of  Deputies.     (^) 

28.  The  Chamber  of  Peers 
takes  cognizance  of  high  treason, 
and  of  attempts  against  the  secu- 
rity of  the  State,  which  is  to  be 
defined  by  the  law. 

(7)  This  is  Article  26  of  the  old  Char- 
ter, augmented  by  this  provision,  which 
was  not  in  the  former,  and  the  words 
following  have  been  suppressed ;  or  that 
it  should  be  ordained  by  the  King. 

(8)  Article  30  of  the  old  Charter  : 
The    members   of   the    royal  family 

and  the  princes  of  the  blood,  are  Peers 
by  the  right  of  birth ;  they  sit  imme- 
diately behind  the  President;  but  they 
have  no  deliberative  voice,  before  their 
twenty  fifth  year. 

Article  31  was  thus  : 

The  Princes  cannot  take  their  seats 
in  the  Chamber,  but  by  order  of  the 
King,  expressed  for  each  session  by  a 
message,  under  penalty  of  rendering 
everything  null  which  has  been  done 
in  their  presence. — Suppressed. 

(9)  All  deliberations  of  the  Chamber 
of  Peers,  are  secret.  Article  32  of  the 
old  Charter. 


29.  No  Peer  can  be  arrested^ 
but  by  the  authority  of  the  Cham- 
ber, or  judged  but  by  it  in  a  crim- 
inal matter. 

OF    THE    CHAMBER    Of    I>EPUtIES. 

30.  The  Chamber  of  Depu- 
ties will  be  composed  of  Deputies 
elected  by  the  electoral  colleges.; 
the  organization  of  which  is  to  be 
determined  by  law.  (10) 

31.  The  Deputies  are  to  be 
elected  for  five  years.   (11) 

32.  No  Deputy  can  be  admit- 
ted into  the  Chamber  till  he  has 
attained  the  age  of  thirty  years, 
and  if  he  does  not  possess  the 
other  conditions  prescribed  by 
the  law.   (12) 

33.  If,  however,  there  should 
not  be  in  the  Department  fifty 
persons  of  the  age  specified  pay- 
ing the  amount  of  taxes  fixed  by 
law,  their  number  shall  be  com- 
pleted from  the  persons  who  pay 
the  greatest  amount  of  taxes  un- 
der the  amount  fixed  by  law.  ( 1 3) 

34.  No  person  can  be  an 
elector  if  he  is  under  tioentyfivt 
years  of  age;  and  if  he  does  not 

(10)  Article  36  was  thus : 

Every  department  shall  have  the 
same  number  of  Deputies  which  it  has 
previously  had — Suppressed. 

(11)  Article  37  of  the  6l(!  Charter: 
The    Deputies   shall   be    elected    for 

five  years,  and  in  such  a  way,  that  the 
Chamber  is  renewed  each  year  by  a  fifth. 

(12)  Article  38  of  the  old  Charter  : 
No  deputy  can  be  admitted  into  the 

Chamber,  if  he  is  not  forty  years  old, 
and  if  he  does  not  pay  direct  taxes  of 
one  thousand  francs. 

(13)  Article  39  of  the  old  Charter  : 
If,  nevertheless,  there  should  not  be 

in  the  department,  fifty  persons  of  the 
indicated  age,  paying  at  least  one  thou- 
sand francs,  direct  taxes,  their  number 
will  be  completed  by  those  who  pay  the 
highest  taxes  under  one  thousand  francs; 
and  these  may  be  elected  concurrently 
with  the  others. 


PUBLIC  DOCUMENTS. 


[173 


possess  all  the  other   conditions 
determined  by  the  law,     (14) 

35.  The  Presidents  of  the 
electoral  colleges  are  elected  by 
the  electors.     (15) 

36.  The  half  at  least  of  the 
Deputies  are  to  be  chosen  from 
those  who  have  their  political  res- 
idence in  the  Departments. 

37.  The  President  of  the 
Chamber  of  Deputies  is  to  be 
elected  by  the  Chamber  itself  at 
the  opening  of  each  session.  (16) 

38.  The  sittings  of  the  Cham- 
ber are  to  be  public,  but  the  re- 
quest of  Jive  members  will  be  suf- 
ficient that  it  forms  itself  into  a 
secret  committee. 

39.  The  Chamber  divides  it- 
self into  bureaux  (committees)  to 
discuss  the  projects  of  laws, 
which  may  have  been  presented 
from  the  king.     ( 1 7) 

40.  JVo  tax  can  be  establish- 
ed nor  imposed,  if  it  has  not  been 


(14)  Article  40  of  the  old  Charter : 
The  electors,  who  concur  in  electing 

the  Deputy,  cannot  have  the  right  of 
suffrage,  if  they  do  not  pay  a  direct  tax 
of  300  francs  ;  and  if  they  are  less  than 
thirty  years  of  age. 

(15)  Article  41  of  the  old  Charter  : 
The  presidents  of  the  electoral  colleges 

shall  be   nominated  by  the  king,   and 


be,  by  right,  members  of  the  college. 

(16)  Article  43  of  the  old  Charter  : 
The   President   of   the    Chamber  of 

Deputies  is  nominated  by  the  king,  from 
a  list  of  five  members,  presented  by  the 
Chamber. 

(17)  In  consequence  of  the  initiative, 
are  suppressed  Art.  46  and  47,  which 
were  thus  : 

46.  No  amendment  can  be  made  to  a 
law,  if  it  has  not  been  proposed  or  con- 
sented to  by  the  king,  and  if  it  has  not 
been  sent  back  and  discussed  by  the 
bureaux. 

47.  The  Chamber  of  Deputies  re- 
ceives all  propositions  of  taxes,  only  af- 
ter these  propositions  have  been  con- 
sented to,  they  may  be  carried  to  the 
Chamber  of  Peers. 


consented  to  by  the  two   Cham- 
bers, and  sanctioned  by  the  Icing. 

41.  The  land  and  house  tax 
can  only  be  voted  for  one  year. 
The  indirect  taxes  may  be  voted 
for  many  years. 

42.  The  king  convokes  every 
year  the  two  Chambers,  he  pro- 
rogues them,  and  may  dissolve 
that  of  the  Deputies ;  but  in  this 
case  he  must  convoke  a  new  one 
within  the  period  of  three  months. 

43.  No  bodily  restraint  can  be 
exercised  against  a  member  of 
the  Chamber  during  the  session, 
nor  for  six  weeks  which  precede 
or  follow  the  session. 

44.  No  member  of  the  Cham- 
ber can  be,  during  the  session, 
prosecuted  or  arrested  in  a  crimi- 
nal matter,  except  taken  in  the 
act,  till  after  the  Chamber  has 
permitted  his  arrest. 

45.  Every  petition  to  either 
of  the  Chambers,  must  be  made 
in  writing.  The  law  interdicts 
its  being  carried  in  person  to  the 
bar. 


OF    THE    MINISTERS. 

4G.  The  ministers  can  be 
members  of  the  Chamber  of 
Peers  or  the  Chamber  of  Depu- 
ties. 

They  have,  moreover,  their 
entrance  into  either  Chamber,  and 
are  entitled  to  be  heard  when 
they  demand  it. 

47.  The  Chamber  of  Depu- 
ties have  the  right  of  impeaching 
the  Ministers,  or  of  transferring 
them  before  the  Chamber  of 
Peers,  who  alone  has  the  right 
to  judge  them.     (18) 

(18)  Article  56  of  the  old  Charter  is 
suppressed  ;  it  ran  thus  : 
They  cannot  be  accused  except  for 


174] 


ANNuIl  register,  J  830— 31. 


JUDICIAL    REGULATIONS. 

48.  All  justice  emanates  from 
the  king;  it  is  administered  in 
his  name  by  the  judges,  whom  he 
nominates,  and  whom  he  insti- 
tutes. 

49.  The  judges  named  by 
the  king  are  immovable. 

50.  The  ordinary  courts  and 
tribunals  existing,  are  to  be  main- 
tained, and  there  is  to  be  no 
change  but  by  virtue  of  a  law. 

51.  The  actual  institution  of 
the  judges  of  commerce  is  pre- 
served. 

52.  The  office  of  justice  of 
peace  is  equally  preserved.  The 
justices  of  peace,  though  named 
by  the  king,  are  not 'immovable. 

53.  No  one  can  be  deprived 
of  his  natural  judges. 

54.  There  cannot,  in  conse- 
quence, be  extraordinary  commit- 
tees and  tribunals  created,  'under 
whatever  title  or  denomination 
this  ever  might  he.     (19) 

55.  The  debates  willbe  pub- 
lic in  criminal  matters,  at  least 
when  the  publicity  will  not  be 
dangerous  to  order  and  decency, 
and  in  that  case  the  tribunal  is  to 
declare  so  by  a  distinct  judgment. 

56.  The  institution  of  juries 
is  to  be  preserved ;  the  changes 
which  a  Idtiger  experience  may 
render  necessaty  cdn  only  be  ef- 
fected by  d  law. 

treason  or  peculation.  Particular  laws 
will  specify  this  kind  of  offences,  and 
will  determine  how  they  are  to  be  prose- 
cuted. 
(19)  Article  63  of  the  Old  Charter  : 
In  Qonsequence  there  cannot  be  creat- 
ed extraordinary  committees  and  tribu- 
nals. The  juridictions  prevdtales,  if 
their  re-establishment  should  be  found 
necessary,  are  not  comprised  under  this 
^denomination. 


57.  The  punishment  of  con- 
fiscation of  goods  is  abolished, 
and  cannot  be  re-established. 

58.  The  king  has  the  right 
to  pardon  and  to  commute  the 
punishment. 

59.  The  civil  code,  and  the 
"actual  laws' existing,  that  are  not 
contrary  to  the  present  Charter, 
will  remain  in  full  force  until  they 
^hall  bfe  legally  abrogated. 

*  PARTICULAR  'llIGHTS    GUARANTEED    BY 
THE    STATE. 

60.  The  military  in  actual 
service,  retired  officers  and  sol- 
diers, widows,  officers,  and  sol- 
diers on  pension,  are  to  preserve 
thdr  grades,  honors,  and  pen- 
sions. 

61.  The  public  debt  is  guar- 
ranteed.  Every  sort  of  engage- 
ment made  by  the  state  with  its 
creditors  is  to  be  inviolable. 

62.  The  old  nobility  retake 
their  titles.  The  new  preserve 
theirs.  The  king  creates  nobles 
at  his  pleasure ;  but  he  only 
grants  to  them  rank  and  hon- 
ors, without  any  exemption  from 
the  charges  and  -duties  of  soci- 
ety. 

63.  The  legion  of  honor  is  to 
be  maintained.  The  king  shall 
determine  its  internal  regulations 
and  the  decorations. 

64.  The  colonies  are  to  be 
governed  by  particular  laws. 
(20) 

65.  The  king  and  his  suc- 
cessors shall  swear,  at  their  ac- 
cession, in  presence  of  the  two 
Chambers,  to  observe   faithfully 

-  (20)  Article  73  of  the  old  Charter: 
The  colonies  will  be  governed  by  par- 
ticular laws  and  regulations. 


PUBLIC  DOCUMENTS. 


[175 


the   present  constitutional  char- 
ter.    (21) 

66.  The  present  Charter  and 
the  rights  it  consecrates,  shall  be 
entrusted  to  the  patriotism  and 
courage  of  the  J\ational  Guard 
and  all  the  citizens. 

67.  France  resumes  her  col- 
ors. For  the  future  there  will 
he  no  other  cockade  than  tri-col- 
ored  cockade,      (22) 

SPECIAL    PROVISIONS. 

68.  All  the  creations  of  Peers 
during  the  reign  of  Charles  X. 
are  declared  null  and  void. 

Article  23  of  the  Charter  will 
undergo  a  fresh  examination  dur- 
ing the  session  of  1831. 

69.  There  will  he  provided 
successively  by  separate  laws,  and 
that  with  the  shortest  possible  de- 
lay, for  the  following  subjects  ; 

1 .  The  extension  of  the  trial 
by  jury  to  offences  of  the  press, 
and  political  offences. 

2.  The*  responsibility  of  min- 
isters and  the  secondary  agents  of 
Government. 

3.  The  re-election  of  Depu- 
ties appointed  to  public  functions 
with  salaries. 

4.  The  annual  voting  of  the 
army  estimates. 

5.  The    orgatnization    of  the 

(21)  Article  74  of  the  old  ChaTter  : 
The    king    and    his    successors   shall 

swear  at  the  coronation,  to  observe  faith- 
fully the  present  constitutional  charter. 

(22)  Articles  75  and  7G  of  the  old 
Charter  are  suppressed  ;  they  ran  thus  : 

75.  The  Deputies  of  the  Departments 
of  France  who  sat  in  the  legislative 
body,  at  the  last  adjournment,  will  con,- 
tinue  to  sit  in  the  Chamber  of  Deputies, 
until  replaced. 

76.  The  first  renewal  of  the  fifth  of 
the  Chamber  of  Deputies  will  take  place 
the  latest  in  the  year  1816,  according  to 
the  order  established. 


National  Guards  with  the  inter- 
vention of  the  National  Guards  in 
the  choice  of  their  officers. 

6.  Provisions  which  insure, 
in  a  legal  manner,  the  state  of 
officers  of  each  grade,  by  land 
and  sea. 

7.  Departmental  and  muni- 
cipal institutions  fouiided  upon  an 
elective  system. 

8.  Public  instruction  and  the 
liberty  of  instruction. 

9.  The  abolition  of  the  dou- 
ble vote  ;  the  settling  of  the  elec- 
toral conditions,  and  that  of  eligi- 
bility. 

Art.  70.  All  laws  and  ordi- 
nances, inasmuch  as  they  are 
contrary  to  the  provisions  adopt- 
ed by  the  reform  of  the  Charter, 
are  from  this  moment  annulled 
and  abrogated. 

We  give  it  in  command  to  our 
courts  and  tribunals,  administra- 
tive bodies,  and  all  others,  that 
they  observe  and  maintain  the 
present  constitutional  Charter, 
cause  to  be  observed,  followed 
and  maintained,  and  in  order  to 
render  it  more  known  to  all, 
they  cause  it  to  be  published  in 
all  municipalities  of  the  kingdom 
and  everywhere,  where  it  will  be 
necessary,  and  in  order  that  this 
be  firm  and  stable  forever,  we 
have  caused  our  seal  to  be  put  to 
it. 

Done  at  the  Palais-Royal,  at 
Paris,  the  14th  day  of  the  month 
of  August,  in  the  year  1830. 

(Signed) 

Louis-Philippe. 
By  the  king : 
The  Minister  Secretary  of  the 
State  for  the  department  of  the 
Interior. 


(Signed) 


GUIZOT. 


176] 


ANNUAL  REGISTER,  18,30—31. 


Examined  and  sealed  with  the 
great  seal. 

The  keeper  of  the  seals,  Min- 
ister Secretary  of  the  State  for 
the  department  of  Justice. 

(Signed)         Dupost  (de  I'Eure.) 

Speech  of  the  Duke  of  Orleans 
to  the   Chambers, 

On  Monday  the  3d  Aug.  1830, 
the  Chamber  of  Peers  and  Dep- 
uties were  opened,  and  the  Lieu- 
tenant General  addressed  to  them 
the  following  speech ; 

Peers  and  Deputies, 

Paris,  troubled  in  its  repose  by 
a  deplorable  violation  of  the  Char- 
ter and  of  the  laws,  defended 
them  with  heroic  courage !  In 
the  midst  of  this  sanguinary  strug- 
gle, all  the  guaranties  of  social 
order  no  longer  subsisted.  Per- 
sons, property,  rights,  everything 
that  is  most  valuable  and  dear  to 
men  and  to  citizens,  was  exposed 
to  the  most  serious  dangers. 

In  this  absence  of  all  public 
power,  the  wishes  of  my  fellow 
citizens  have  been  turned  towards 
me : — they  have  judged  me  wor- 
thy to  concur  with  them  in  the 
salvation  of  the  country ;  they 
have  invited  me  to  exercise  the 
functions  of  Lieutenant  General 
of  the  Kingdom. 

This  course  appeared  to  me  to 
be  just,  the  dangers  increase,  the 
necessity  imperative,  my  duty 
sacred.  I  hastened  to  the  midst 
of  this  valiant  people,  followed  by 
my  family,  and  wearing  those 
colors  which,  for  the  second  time, 
have  marked  among  us  the  tri- 
umph of  liberty. 

I  have  come  firmly  resolved 


to  devote  myself  to  all  that  cir- 
cumstances should  require  of  me, 
in  the  situation  in  which  they  have 
placed  me,  to  re-establish  the 
empire  of  the  laws,  to  save  liberty 
which  was  threatened,  and  render 
impossible  the  return  of  such  great 
evils,  by  securing  forever  the  pow- 
er of  that  Charter,  whose  name 
invoked  during  the  contest,  was 
also  appealed  to  after  the  victory. 
(Applauses.) 

In  the  accomplishment  of  this 
noble  task,  it  is  for  the  Chambers 
to  guide  me.  All  rights  must  be 
solemnly  guaranteed,  all  the  in- 
stitutions necessary  to  their  full 
and  free  exercise  must  receive 
the  developments  of  which  they 
have  need.  Attached  by  incli- 
nation and  conviction  to  the  prin- 
ciples of  a  free  government,  I 
accept  beforehand  all  the  conse- 
quences of  it.  I  think  it  my 
duty  immediately  to  call  your 
attention  to  the  organization  of  the 
National  Guards,  to  the  applica- 
tion of  the  jury  to  the  crimes  of 
the  press,  the  formation  of  the 
Departmental  and  Municipal  Ad- 
ministrations, and,  above  all,  to 
that  1 4th  Article  of  the  Charter 
which  has  been  so  hatefully  inter- 
preted. (Fresh  applause.)  It  is 
with  these  sentiments,  gentlemen, 
that  T  come  to  open  this  session. 

The  past  is  painful  to  me.  I 
deplore  misfortunes  which  I  could 
have  wished  to  prevent;  but  in 
the  midst  of  this'  magnanimous 
transport  of  the  Capital,  and  of 
all  the  other  French  cities,  at  the 
sight  of  order  reviving  with  mar- 
vellous promptness,  after  a  resist- 
ance, free  from  all  excesses,  a 
just  national  pride  moves  my  heart, 
and  I  look  forward  with  confi- 


PUBLIC  DOCUMENTS. 


[177 


dence  to  the  future  destiny  of 
the  country. 

Yes,  gentlemen,  France,  which 
is  so  dear  to  us,  will  be  happy 
and  free ;  it  will  show  to  England, 
[Europe?]  that  solely  engaged 
with  its  prosperity^  it  loves  peace 
as  well  as  liberty,  and  desires 
only  the  happiness  and  the  repose 
of  its  neighbors. 

Respect  for  all  rights — care 
for  all  interests,  good  faith  in  the 
Government,  are  the  best  means 
to  disarm  parties,  and  to  bring 
back  to  people's' minds  ihat  con- 
fidence— to  the  Constitution  that 
stability,  which  are  the  only  cer- 
tain pledges  of  the  people,  and 
of  the  strength  of  States. 

Peers  and  Deputies, 

As  soon  as  the  Chatober  shall 
be  constituted,  I  shall  "^have  laid 
before  you  the  acts  of  abdica- 
tion by  his  Majesty  Charles  X. 
By  the  same  act  Louis  Antoine 
de  France  also  renounces  his 
rights.  This  act  was  placed  in 
my  hands  yesterday,  the  2d  of 
August,  at  11  o'clock  at  night. 
I  have  this  morning"  ordered  it 
to  be  deposited  in  the  archives  of 
the  Chamber  of  Peers ;  and  I 
cause  it  to  be  inserted  in  the  offi- 
cial part  of  the  Moniteur. 

Prorogation  of  the  French 
Chambers, 

A  few  moments  after  the  sitting 
was  opened,  his  Majesty  deliver- 
ed the  following  speech  : 

Peers  and  Deputies, 

Eight  months  have  passed 
since  in  this  hall,  and  in  your  pre- 
sence, I  accepted  the  throne  to 
which  I  was  called  by  the  nation- 


al wish,  of  which  you  were  the 
organs,  and  swore,  '  faithfully  to 
observe  the  constitutional  Charter, 
with  the  modifications  expressed 
in  the  declaration  of  7th  August, 
]  830,  to  govern  only  by  the  laws, 
and  according-  to  -the  laws,  to 
cause  good  and  exact  justice  to 
be  done  to  every  one  according  to 
his  right,  atid  to  act  in  all  things 
Solely  with  a  view  to  the  interest, 
the  happiness,  and  the  glory  of 
the  French  people.'  I  told  you 
then,  'that  profoundly  sensible  of 
the  whole  extent  of  the  duties 
which  this  great  act  imposed  on 
me  I  was  conscious  that  I  should 
fulfil  them,  and  that  it  was  with 
entire  conviction  that  I  accepted 
the  compact  of  alliance  which 
was  proposed  to  me,' 

I  take  pleasure  in  repeating 
to  you  those  solemn  words  which 
I  pronounced  on  the  9th  of  Aug- 
ust, because  they  are  at  once  the 
invariable  rule  of  my  conduct 
and  an  expression  of  the  princi- 
ples according  to  which  I  desire 
to  be  judged  by  France  and  by 
posterity. 

Your  session  opened  in  the 
midst  of  great  dangers.  The 
dreadful  conflict  in  which  the 
nation  had  just  defended  its  laws, 
its  rights,  and  its  liberties,  against 
an  unjust  aggression,  had  broken 
the  bonds  of  power,  and  it  was 
necessary  to  secure  the  mainten- 
ance of  order  by  the  re-establish- 
ment of  authority  and  of  the  pub- 
lic force.  France  was  covered 
in  an  instant  with  National  Guards 
spontaneously  formed  by  the  pat- 
riotic zeal  of  all  the  citizens,  and 
organized  by  the  authority  of  the 
Government.  That  of  Paris  ap- 
peared firm  and  more  numerous 


178] 


ANNUAL  REGISTER.  1830—31. 


than  ever,  and  this  admirable  in- 
stitution offered  us  at  the  same 
time  the  means  of  stifling  anarchy 
in  the  interior,  and  of  repelling  all 
foreign  aggressions,  to  which  our 
national  independence  might  have 
been  exposed.  At  the  same  time 
with  the  National  Guard,  our 
brave  army  was  recomposed,  and 
France  may  now  look  upon  it  with 
pride.  Never  was  the  levy  of  our 
young  soldiers  effected  with  so 
much  promptness  and  facility ;  and 
such  is  the  patriotic  ardor  with 
which  they  are  animated,^hat  they 
are  scarcely  ranged  under  those 
banners — those  glorious  colors 
which  retrace  so  many  recollec- 
tions dear  to  the  country — when 
they  can  no  longer  be  distinguished 
from  our  veterans,  and  at  no  time 
were  the  French  troops  finer,  bet- 
ter disciplined,  and,  I  say  it  with 
confidence,  animated  by  a  better 
spirit  than  they  are  now. 

The  labors  of  great  organiza- 
tion have  not  slackened  the  ac- 
complishment of  the  promises  of 
the  Charter.  Already  the  greater 
part  have  been  realized  by  the 
laws  which  you  have  voted,  and 
to  which  I  have  given  my  sanc- 
tion. I  have  followed  with  solic- 
itude the  course  of  your  impor- 
tant labors,  the  whole  of  which 
attests  enlightened  views,  a  zeal 
and  a  courage  which  recommend 
to  history  the  period  which  they 
have  occupied.  France  will  not 
forget  your  devotion  to  the  coun- 
try in  the  moment  of  danger,  and 
I  shall  always  preserve  the  re- 
membrance of  the  assistance 
which  I  have  found  in  you,  when 
the  wants  of  the  state  made  it  my 
duty  to  claim  it. 

The  next  session,  I  feel  con- 


fident, will  only  continue  your 
work  by  completing  it,  and  pre- 
serving in  it  the  character  of  that 
great  event  of  July,  which  may 
secure  for  the  future,  by  legal 
means,  all  the  ameliorations  which 
the  country  has  a  right  to  expect, 
and  which  may  separate  forever 
the  destinies  of  France  from  a 
dynasty  excluded  by  the  national 
will. 

After  the  shock  which  the  so- 
cial body  had  undergone,  it  was 
difficult  not  to  experience  some 
new  crisis,  and  we  have  passed 
through  some  very  painful  ones 
during  your  session ;  but  thanks 
to  the  constant  efforts  which  you 
have  made  to  second  mine*; 
thanks  to  the  energetic  devoted- 
ness  of  the  population,  to  its  pa- 
triotism, and  to  the  indefatigable 
zeal  of  the  National  Guard,  and 
of  the  troops  of  the  line,  all  have 
passed  through  them  happily ;  and 
if  we  have  had  to  regret  some 
aMicting  disorders,  at  least  the 
assent  of  the  country  applauded 
the  intentions  of  the  Government. 
The  internal  peace  of  the  king- 
dom has  been  gradually  confirm- 
ed and  the  strength  of  the  Govern- 
ment has  nr  ;i';ressivelv  increased, 
in  proportion  as  the  reign  of  the 
laws  resumed  its  empire,  and  as 
the  public  safety  was  consolidat- 
ed. My  Government  will  con- 
tinue to  pursue  with  a  firm  step 
this  course,  in  which  you  have  so 
worthily  supported  it. 

My  Ministers  have  constantly 
acquainted  you  with  the  state  of 
our  diplomatic  relations,  and  you 
have  been  informed  of  the  cir- 
cumstances which  have  deter- 
mined me  to  make  extraordinary 
armaments.     Like  me,  you  have 


PUBLIC  DOCUMENTS. 


[179 


recognised  the  necessity  of  them, 
and  you  will  also  participate  in  my 
sincere  desire  to  see  them  speed- 
ily cease.  The  assurances  which 
I  receive  from  all  quarters,  of  the 
pacific  disposition  of  foreign  pow- 
ers, give  me  the  hope  that  their 
armies  and  ours  may  soon  be  re- 
duced to  the  proportions  of  the 
state  of  peace ;  but  still  the  ne- 
gotiations which  are  on  foot  have 
not  acquired  the  development  ne- 
cessary to  render  the  reduction 
possible ;  the  attitude  of  France 
must  be  strong,  and  we  must  per- 
severe in  the  measures  which  we 
have  taken  to  make  her  respected, 
for  peace  is  safe  only  with  honor. 
Our  support,  and  the  concur- 
rence of  the  great  powers  of  Eu- 
rope, have  secured  the  independ- 
ence of  Belgium,  and  its  sepa- 
ration from  Holland.  If  I  have 
refused  to  yield  to  the  wishes  of 
the  Belgic  people,  who  offered 
me  the  Crown  for  my  second  son, 
it  is  because  I  believed  that  the 
refusal  was  dictated  by  the  inter- 
ests of  France  as  well  as  by 
those  of  Belgium  itself.  But  the 
people  have  peculiar  rights  to 
our  interests,  and  it  is  of  import- 
ance to  us  that  it  should  be  happy 
and  free. 


Letter  from  General  Lafayette 
to  the  National  Guard  oj 
France. 

January  2d,  1831. 

A  short  time  has  passed,  my 
dear  brethren  in  arms,  since  I  was 
invested  with  an  immense  com- 
mand. To  day  I  am  no  more 
than  your  old  friend  the  veteran 
Guardsman.  This  double  title 
will  accompany  me  as  my  chief 


happiness  to  the  grave.  That 
which  1  have  ceased  to  own, 
found  me  in  the  great  week, 
springing  from  the  boundless  con- 
fidence of  the  people  amidst  those 
glorious  barricades,  under  tlie  re- 
elevated  tri-color,  where,  in  three 
days  were  fixed  the  fate  and  in- 
stitutions of  the  present  race  of 
Frenchmen  and  the  destinies  of 
Europe.  The  functions  which  I 
refused  in  1790,  I  accepted  in 
1830  from  the  hands  of  the  Prince 
whom  we  have  since  hailed  as  a 
King.  They  have  been,  I  trust, 
exercised  for  the  public  good. 
Seventeen  hundred  thousand  Na- 
tional Guards,  already  enrolled 
and  organized  at  the  voice  of 
their  happy  chief,  are  my  witness- 
es. They  may  still  be  useful,  I 
declare  it,  at  a  time  of  which  I 
am  permitted  to  be  a  judge,  and 
of  which  I  would  be  a  rigid  censor. 

The  majority  of  my  colleagues 
of  the  Chamber  of  Deputies  have 
formed  an  opinion  that  these 
functions  ought  to  cease  for  the 
present,  and  the  same  opinion  has 
been  avowed  by  the  organ  of  the 
Government. 

Besides  this,  jealousies  quite 
unjustified  by  any  recollection,  I 
have  a  right  to  say  it,  arose  from 
various  sides ;  they  manifested 
themselves  strongly,  and  could 
not  be  satisfied  by  less  than  a  to- 
tal and  unreserved  abandonment 
of  the  power;  and  then,  though 
the  kind  intervention  of  Royal 
solicitation  was  employed  to  re- 
tain my  services,  that  instinct  of 
liberty  which  has  never  deceived 
me  through  the  vocation  of  my 
long  life,  warned  me  that  I  must 
sacrifice  this  power  and  these 
pressing  aflfections  to  the  austere 


ISO] 


ANNUAL  REGISTER,  1830— ox. 


duty  of  preserving  all  the  fruits  of 
the  revolution  of  1830. 

My  course  has  not  been  with- 
out advantage ;  of  this  I  am  as- 
sured by  an  immense  correspond- 
ence. In  fact,  if  the  sublime 
movement  of  the  French  nation 
in  arms  has  been  spontaneous — if 
to  guarantee  France  against  the 
future  commotion  of  a  narrow,  a 
malignant,  or  even  a  timid  policy, 
it  is  enough  to  place  her  beneath . 
the  protection  of  the  principles  of 
1789  and  J  791,  and  above  all  of. 
the  vital  and  universal  principlet 
of  election — it  is  not  less  true 
that  a  central  influence,  and  if  I 
might  dare  say  it,  the  confidence 
claimed  by  home  personal  con- 
sideration, have  beneficially  conr 
tributed  to  harmonize  during  the 
suspension  of  law,  conflicting 
wishes  and  opinions,  and  to  defeat 
the  intrigues  of  the  party  that  was 
overthrown,  but  which  still  retain- 
ed the  power  to  hurt.  I  love  to. 
recall  the  circumstances  of  the 
second  general  inspection,  which 
in  this  regard  so  powerfully  sup- 
ported me. 

I  will  not  recount  all  that  has 
been  done  to  organize  for  us  these 
admirable  legions  of  cities — these 
numerous  battalions  of  the  vil- 
lages. *  *  *  Alas !  far  from  , 
fearing  this  great  institution,  form- 
ed without  delay,  without  hesita- 
tion, or  trouble,  solely  by  the  influ- 
ence of  a  boundless  and  unquali- 
fied confidence  in  the  body  of  the 
nation,  let  us  hasten  to  use  them 
as  the  model  for  our  other  insti- 
tutions. 

How  can  I  describe  the  delight 
with  which,  at  the  end  of  a  few 
weeks,  I  presented,  to  the  admi- 
ration of  our  people,  of  our  King, 


and  of  strangers,  the  National 
Guard  of  Paris,  which  for  forty 
years  had  been  my  pride,  and  in 
truth  my  family, — at  length  reviv- 
ing, more  brilliant  and  more  nu- 
merous than  ever,  and  with  its 
gallant  associates,  the  beautiful 
legions  of  the  vicinity,  exhibiting 
in  the  Champ  de  Mai  a  force  of 
more  than  eighty  thousand  men.' 
This  was  a  delight  which  could 
be  surpassed  only  by  what  1  felt 
when,  withia  a  few  days,  I  know 
that  to  the  National  Guard  Paris 
owed  its  safety — the  revolution, 
its  unsoiled  purity  from  crime.  If 
one  department,  that  of  the  Seine 
and  Oise  alone,  has  given  me 
such  enjoyments,, what  must  have 
been  my  gratification  at  the  re- 
ports from  all  the  departments — 
reports  describing  armies  created, 
equipped,  and  disciplined,  as  if 
by  miracle — in  beholding  myself 
throughout  surrounded  by  the 
Deputies  of  all  France  come  to 
assist  in  the  second  inauguration 
of  their  King,  and  who,  in  their 
affectionate  confidence,  made  me 
the  depository  of  their  complaints 
upon  general  questions,  or  upon 
local  grievances,  and  their  media- 
tor with. the  Government — a  me- 
diator, as  it  were,  commissioned 
by  the  spirit  of  the  great  week. 
This  duty  I  have  discharged.  I 
have  expressed  as  freely  as  in  the 
tribune  my  ardent — I  may  call 
them  my  impatient  wishes — ^for 
the  full  realization  of  the  pro- 
gramme published,  while  the  blood 
of  our  six  thousand  patriot  fellow- 
citizens  still  smoked  upon  the 
ground  ;  and  I  have  sought  that 
at  the  earliest  possible  moment 
France  should  have  a  representa- 
tion chosen  subsequent  to  the  rev- 


PUBLIC  DOCUMENTS. 


181 


olution  of  1830,  and  if  I  have  the 
opportunity,  in  any  discussion  re- 
lative to  the  formation  of  tlie  other 
Chamber,  I  shall  contend  for  the 
principle  of  presentation  of  aspi- 
rant Peers  to  the  King  for  his 
selection,  in  preference  to  the  ex- 
isting system.  If  I  have  scrupled 
to  lend  my  name  to  the  procras- 
tination or  the  abandonment  of 
measures  which  were  in  my  opin- 
ion necessary,  let  not  such  hesita- 
tion be  treated  as  urging  coups 
(Vetat,  or  as  endeavoring  to  exer- 
cise upon  others  a  dictation  to 
which  I  myself  would  never  sub- 
mit, of  which  history  will  do  me 
the  justice  to  offer  more  than  one 
proof. 

But  I  had  rather  repeat  what 
everybody  knows — Frenchmen  of 
all  parties,  and  foreigners  of  all 
countries — that  if  the  constitution- 
al order  conquered  in  the  great 
days — if  the  popular  throne,  rais- 
ed by  our  hands,  were  even  men- 
aced— no  matter  from  what  side, 
the  whole  nation  would  rise  to  de- 
fend them. 

In  the  painful  moment  of  bidding 
an  adieu,  which  I  had  thought 
was  not  so  near,  I  offer  to  my 
dear  brethren  in  arms  my  grati- 
tude for  their  friendship,  my  con- 
fidence in  their  recollections,  my 
prayers  for  their  happiness,  my 
admiration  for  what  they  have 
done,  my  foreknowledge  of  what 
they  will  yet  do,  and  my  hope  that 
tlie  calculations  of  intrigue  or  the 
interpretations  of  malice  will  not 
prevail  in  their  hearts  against  me. 
Finally,  I  offer  them  all  the  feel- 
ings of  tender  affection  which  will 
not  leave  me  until  my  last  sigh. 
Lt;::>'3  LAFAVETTr:. 


Convention  between  His  Brltan^ 
nic  Majesty  and  the  King  of 
ike  French,  for  the  more  effec- 
tual Suppression  of  the  Traffic 
in  Slaves, 

Signed  at  Paris,  November  30,  1831. 

The  Courts  of  Great  Britain 
and  France  being  desirous  of  ren- 
dering more  effectual  the  means 
of  suppression  which  have  hither- 
to been  in  force  against  the  crim- 
inal traffic  known  under  the  name 
of  *the  Slave  trade,'  they  have 
deemed  it  expedient  to  negotiate 
and  conclude  a  convention  for  the 
attainment  of  so  salutary  an  object; 
and  they  have  to  this  end  named 
their  Plenipotentiaries,  who,  after 
having  exchanged  their  full  pow- 
ers, found  to  be  in  due  form,  have 
signed  the  following  articles  : 

Article  1.  The  mutual  right 
of  search  may  be  exercised  on 
board  ■  the  vessels  of  each  of  the 
two  nations,  but  only  within  the 
waters  hereinafter  described, — 
namely, 

1st.  Along  the  western  coast  of 
Africa,  from  Cape  Verd  to  the 
distance  of  ten  degrees  to  the 
south  of  the  Equator, — that  is  to 
say,  from  the  tenth  degree  of  south 
latitude  to  the  fifteenth  degree  of 
north  latitude,  as  far  as  the  thirti- 
eth degree  of  west  longitude, 
reckoning  from  the  meridian  of 
Paris. 

2d.  All  round  the  island  of 
Madagascar,  to  the  extent  of 
twenty  leagues  from  that  island. 

3d.  To  the  same  distance  from 
the  coasts  of  the  island  of  Cuba. 

4th.  To  the  same  distance  from 
the  coasts  of  the  island  of  Porto 
Rico. 


16 


1S2] 


ANNUAL  lipGISTER,  1830—31. 


otli.  To  the  same  distance  from 
the  coasts  of  Brazil. 

It  is,  however,  understood  that 
a  suspected  vessel  descried  and 
begun  to  ho  chased  by  the  cruiz- 
ers  whilst  within  the  said  space 
of  twenty  leagues,  may  be  search- 
ed by  them  beyond  those  limits, 
if,  without  having  ever  lost  sight 
of  her,  they  should  only  succeed 
in  coming  up  with  her  at  a  greater 
distance  from  the  coast. 

Art.  2.  The  right  of  searching 
merchant  vessels  of  either  of  the 
two  nations  in  the  waters  herein- 
before mentioned,  shall  be  exer- 
cised only  by  ships  of  v;ar  whose 
comma'nders  shaU  have  the  rank 
of  captain,  or  at  least  that  of  lieu- 
tenant in  the  navy. 

Art.  3.  The  number  of  ships 
to  be  invested  with  this  right  shall 
be  fixed,  each  year,  by  a  special 
agreement.  The  number  for  each 
hation  need  not  be  the  same,  but 
in  no  case  shall  the  number  of 
the  cruisers  of  the  one  nation  be 
more  than  double  the  number  of 
the  cruisers  of  the  other. 

Art.  4.  The  names  of  the  ship!?, 
and  of  their  commanders,  shall  he 
communicated  by  each  of  the 
contractlna:  Governments  to  the 

o 

other,  and  information  shall  be 
reciprocally  given  of  all  changes 
which  may  take  place  in  tlw 
tiruisers. 

AfcT.  5.  Instructions  shall  be 
drawn  up  and  agreed  upon  in 
common  by  the  two  Governments 
for  the  cruisers  of  both  nations, 
which  cruisers  shall  afford  to  each 
Other  mutual  assistance  in  all  cir- 
tumstances  in  which,  it  may  be 
useful  that  they  should  act  in  con^ 
r;ert. 

^he  ships  t:»f  war  authoni.c;d  '^o 


exercise  the  reciprocal  right  of 
search  shall  be  furnished  with  a 
special  authority  from  each  of  the 
two  Governments. 

Art.  6.  Whenever  a  cruiser 
shall  have  chased  and  overtaken 
a  merchant  vesrcl,  as  liable  to 
suspicion,  the  commanding  offi- 
cer, before  he  proceeds  to  the 
search,  shall  exhibit  to  the  captain 
of  the  merchant  vessel  the  special 
orders  which  confer  upon  him,  by 
exception,  the  right  to  visit  her  ; 
and  in  case  he  shall  ascertain  the 
ship's  papers  to  be  regular,  and 
her  proceedings  lawful,  he  shall 
certify  upon  the  log-book  of  the 
Yessel  that  the  search  took  place 
only  in  virtue  of  the  said. orders  t 
these  formalities  having  been  com- 
pleted, the  vessel  shall  be  at  liber* 
ty  to  continue  her  course. 

Art.  7»  The  vessels  captured 
for  being  engaged  in  the  slave^ 
trade,  or  as  being  suspected  of 
being  fitted  out  for  that  infamous 
traffiti;  shall,  together  with  their 
crews,  be  delivered. over,  without 
delays  to  the  jurisdiction  of  the 
nation  to  which  they  shall  belong. 
It  is  furthermore  distinctly  undef*- 
stood,  that  they  shall  only  b6 
judged  according  to  the  laws  in 
force  in  their  respective  countriesv 

Art.  8.  In  no  case  shall  tfe 
fight  of  mutual  search  be  exer-^ 
fised  upon  the  ships  of  war  of 
cither  nation. 

The  two  Governments  shall 
agree  upon  a  particular  signal, 
with  which  those  cruisers  only 
shall  be  fiirnished  which  are  in- 
vested with  this  right,  and  which 
signal  shall  not  he  made  kno\Vn 
to  any  other  ship  not  cmployei^ 
upon  this  service. 

Arti  9;  The  l?igh  contracting 


PUBLIC  DOCUMENTS. 


1183 


parties  to  the  present  treaty  agree 
to  invite  other  maritime  powers 
to  accede  to  it  within  as  short  a 
period  as  possible. 

Art.  10.  The  present  conven- 
tion shall  be  ratified,  and  the  rati- 
fication of  it  shall  be  exchanged, 
within  one  month,  or  sooner,  if  it 
be  possible. 


In  faith  of  wliich,  the  i^lcni- 
potentiaries  have  signed  the  pres- 
ent convention,  and  have  affixed 
thereto  the  seal  of  their  arms. 

Done  at  Paris,  the  30th  Novem- 
ber, 1831. 

Granville,  [l.  s.] 

Horace  Serastiani,  [l.  s.J 


NETHERLANDS. 


Proctamation. 

We,    William,    by  the   Grace 
of  God,  King  of  the  Nether- 
lands,   Prince    of   Orange 
Nassau,    Grand    Duke     of 
Luxemburg,     &c.,     to    all 
whom  these   presents  shall 
come,  greeting. 
Divine  Providence,  which  has 
deigned  to  accord  to  this  kingdom 
fifteen  years  of  peace  with  the 
whole  of  Europe,  internal  tranquil- 
lity, ai*l  increasing  prosperity,  has 
just  visited  the  two  provinces  with 
numberless   calamities,    and   the 
quiet  of  many  adjoining  provin- 
ces has  been  either  troubled  or 
'^    menaced.     At  the  first  news  of 
these  disasters  we  hasten  to  con- 
voke an  extraordinary  meeting  of 
the   States-General,   which,    ac- 
cording to  the  terms  of  the  fim- 
damental  law,  represent  the  whole 
people  of  Belgium,  in  order  to 
concert  with  the  Nobles  the  mea- 
sures which  the  state  of  the  na- 
tion and  the  present  circumstan- 
ces require. 

At  the  same  time  our  two  be- 
loved sons,  the  Prince  of  Orange, 
and  Prince  Frederick  of  the  Neth- 


erlands, were  charged  by  us  to 
proceed  to  those  provinces,  as 
well  to  protect,  by  the  forces 
placed  at  their  disposition,  persons 
and  property,  as  to  assure  them- 
selves of  the  real  state  of  things, 
and  to  propose  to  us  the  measures 
the  best  calculated  to  calm  the 
public  mind.  This  mission,  ex- 
ecuted with  a  humanity  and  a 
generosity  of  sentiment  which  the 
nation  will  appreciate,  has  con- 
firmed to  us  the  assurance,  that 
even  when  it  is  the  most  agitated 
it  will  preserve  and  proclaim  its 
attachment  to  our  dynast}",  and  to 
the  national  independence ;  and 
however  our  hearj;  may  be  afflict- 
ed by  the  circumstances  which 
have  come  to  our  knowledge,  we 
do  not  abandon  the  hope,  that, 
with  the  assistancie  of  Divine  Prov- 
idence (whose  succor  we  invoke 
upon  this  important  and  lamenta- 
ble occasion,)  and  the  co-opera- 
tion of  every  well  disposed  man, 
and  the  good  citizens,  in  the  dif-- 
ferent  parts  of  the  kingdom,  we 
shall  succeed  in  restoring  order 
and  re-establishing  the  agency  of 
the  legal  powers  and  the  do- 
minion of  the  law&. 


.184] 


ANNUAL  REGISTER,  1830— 3L 


With  this  view,  we  calculate 
upon  the  assistance  of  the  States- 
General.  We  invite  them  to  ex- 
amine whether  the  evils  of  which 
the  country  so  loudly  complains 
arise  from  any  defect  in  the  na- 
tional institutions ;  and  if  it  is 
possible  to  modify  them,  and 
paiticularly  if  the  relations  es- 
tablished by  treaties,  and  the 
fundamental  law,  between  the 
two  grand  divisions  of  the  kingdom, 
should,  with  a  view  to  the  common 
interest,  be  changed  or  modified. 

We  desire  that  these  impor- 
tant questions  should  be  exam- 
ined with  care  and  perfect  free- 
dom, and  we  shall  think  no  sac- 
rifice too  great,  when  we  have 
in  view  the  fulfilment  of  the  de- 
sires, and  to  ensure  the  happiness 
of  the  people,  whose  welfare  has 
been  the  constant  and  assiduous 
object  of  our  care. 

But,  disposed  to  concur  with 
frankness  and  fidelity,  and,  by  the 
most  comprehensive  and  decis- 
ive measures,  we  are,  neverthe- 
less, resolved  to  maintain  with 
firmness  the  legitimate  rights  of 
all  the  parts  of  the  kingdom, 
without  distinction,  and  only  to 
proceed  by  regular  methods,  and 
conformably  with  the  oaths  which 
we  have  taken  and  received. 

Belgians  !  inhabitants  of  the 
different  divisions  of  this  beautiful 
country,  more  than  once  rescued 
by  divine  favor  and  the  union  of 
the  citizens  from  the  calamities  to 
which  it  was  delivered  up,  wait 
with  calmness  and  confidence  for 
the  solution  of  the  important 
questions  which  circumstances 
have  raised, — second  the  efforts 
of  legal  authority,  to  maintain  in- 
ternal tranquillity  and  the  execu- 
tion of  the  laws  where  they  have 


not  been  disturbed,  and  to  re- 
establish them  where  they  have 
suffered  any  obstruction, — lend 
your  aid  to  the  law,  so  that  in 
turn  the  law  may  protect  your 
property,  your  industry,  and  your 
personal  safety.  Let  differences 
of  opinion  vanish  before  the  grow- 
ing dangers  of  the  anarchy  which, 
in  several  districts,  presents  itself 
under  the  most  hideous  forms, 
and  which,  if  it  be  not  prevented 
or  repressed  by  the  means  which 
the  fundamental  law  places  at 
the  disposal  of  the  Government, 
joined  to  those  furnished  by  the 
zeal  of  the  citizens,  will  strike 
irreparable  blows  at  individual 
welfare  and  the  national  prosper- 
ity. Let  the  good  citizens  every- 
where separate  their  cause  from 
that  of  the  agitators,  and  let  their 
generous  efforts  for  the  re-estab- 
lishment of  the  public  tranquillity 
in  those  places  where  it  is  still 
menaced,  at  last  put  a  period  to 
evils  so  great,  so  that  every  trace 
of  them  may  be  effaced. 

The  present  shall  be  generally 
published  and  posted  up  in  the 
usual  way,  and  inserted  in  the 
official  journal. 

Done  at  the  Hague,  the  5th 
of  September,  of  the  year  1830, 
and  of  the  1 7th  of  our  reign. 

(By  the  King.)     William. 
J.  G.  De  Mey  De  Streefkerk. 


Extraodinary  Sitting  of  the 
States-General. 

Hague,  Sept.,  13. 

According  to  the  programme, 
this  extraordinary  sitting  was 
opened  in  the  hall  where  the  Sec- 
ond Chamber  usually  meets,  by 
his  Majesty  the  King,  accompa- 


PUBLIC  DOCtJMENm 


[185 


iiied  by  his  Royal  Highness  the 
Prince  of  Orange,  at  half  past  1 
o'clock,  by  the  following  speech: 

High  and  Mighty  Lords, 

The  extraordinary  session  of 
your  High  Mightinesses,  which  I 
open  to-day,  has  been  rendered 
absolutely  necessary  by  the  pres- 
sure of  lamentable  events. 

In  peace  find  friendship  with 
all  the  nations  of  our  quarter  of 
the  globe,  the  Netherlands  lately 
saw  the  war  in  its  colonial  pos- 
sessions happily  ended.  The 
kingdom  flourished  through  order, 
commerce,  and  industry.  I  was 
studying  the  means  of  alleviating 
the  burdens  of  the  people,  and 
gradually  to  introduce  such  ame- 
liorations in  the  internal  adminis- 
tration as  experience  recommend- 
ed, when  suddenly  tumults  broke 
out  at  Brussels,  and  then  in  some 
other  places  in  the  kingdom^ 
marked  by  scenes  df  pillage  and 
conflagration,  the  description  of 
which  must  be  afflicting  to  my 
heart,  to  the  national  feeling,  and 
to  hunianity. 

In  expectation  of  the  co-ope- 
ration of  your  High  Mightinesses, 
whose  convocation  was  my  first 
<;arej  all  the  measures  have  been 
promptly  taken  which  depended 
upon  me  in  order  to  check  the 
progress  of  the  evil,  to  protect 
the  well-disposed  against  tiie  evil- 
minded,  and  avert  from  the  Neth- 
erlands the  horrors  of  civil  war. 

To  search  into  the  nature  and 
origin  of  the  events,  and  to  fath- 
om with  your  High  Mightinesses 
Ihe  object  and  the  consequences 
of  them,  is  at  this  moment  less 
necessary  for  the  interests  of  the 
tountry,  than  to  inquire  into  the 
16* 


means  by  which  tranquillity  and 
ordsr,  the  Government  and  the 
law,  may  be  not  only  re-establised 
for  the  moment,  but  rather  be 
permanently  consolidated. 

Meantime,  amidst  the  strife  of 
opinions,  the  violence  of  passions, 
and  the  existence  of  different 
motives  and  objects,  it  is  a  most 
difficult  task  to  combine  my  cares 
for  the  Welfare  of  all  my  subjects 
with  the  duties  which  I  owe  to 
them  allj  and  which  I  have  sworn 
to  before  them  all.  I  have  there- 
forcj  called  upon  your  wisdom, 
patience,  and  firmness,  that  I  may 
be  able,  strengthened  by  the  con- 
currence of  the  representatives 
of  the  people,  to  determine  with 
them  what  is  proper  to  be  done 
under  these  lamentable  circum- 
stances, for  the  welfare  of  the 
Netherlands. 

In  many  quarters  it  is  thought 
that  the  welfare  of  the  state  would 
be  promoted  by  a  revisal  of  the 
fundamental  law,  and  even  by 
a  separation  between  countries 
which  are  united  by  treaties  and 
by  the  fundamental  law  ;  but  such 
a  question  can  only  be  discussed 
in  the  manner  which  is  prescribed 
by  the  same  fundamental  law,  to 
the  observance  of  v^^hich  we  are 
all  bound  by  a  solemn  oath. 

i  require  on  this  subject  the 
opinions  of  your  assembly,  given 
with  that  frankness  and  calmness 
which  its  great  importance  so  es- 
pecially requires ;  while  I,  on  mV 
side,  wishing  above  all  things  the 
happiness  of  the  Netherlanders, 
whose  interests  are  confided  to 
me  by  Divine  Providence,  am 
perfiectly  ready  to  co-operate  with 
yoiir  assembly  in  the  measures 
whi^.h  may  tend  to  promote  it. 


186] 


ANNUAL  REGISTER,  1630—31. 


This  extraordinary  meeting  is 
also  intended  to  inform  your  High 
Mightinesses  that  the  interest  of 
tlie  kingdom,  in  the  midst  of  all 
that  has  taken  place,  absolutely 
requires  that  the  militia  shall  re- 
main embodied  beyond  the  time 
fixed  by  the  fundamental  law. 

The  provisions  for  the  public  ex- 
pei  jditure  which  will  arise  from  this 
and  from  many  other  consequen- 
ces of  the  insurrection,  may  be 
made  for  the  present  from  the 
credit  already  opened,  but  the  fur- 
ther regulations  must  be  a  subject 
for  your  deliberations  in  the  ap- 
proaching ordinary  session. 
Your  il'igh  Mightinesses, 

I  depend  on  your  fidelity  and 
patriotism.  Mindful  of  the  storms 
of  revolutions  W'hich  have  passed 
over  my  head,  I  shall  as  little 
forget  the  courage,  the  affection, 
and  the  fidelity  which  shook  off 
the  yoke,  consolidated  the  exis- 
tence cf^the  nation,  and  placed 
tlie  sceptre  in  my  hands,  as  the 
valor  which,  in  the  field  of  battle, 
siijiported  the  throne,  and  secur- 
ed the  independence  of  our  coun- 
try. Fully  prepared  to  meet 
reasonable  wishes,  I  shall  never 
yield  to  party  spirit,  nor  consent 
to  measures  which  would  sacrifice 
the  prosperity  of  the  nation  to 
passion  or  violence. 

To  leconcile  as  much  as  pos- 
sible all  interests,  is  the  wish  of 
my  heart. 

Tlie  Speech  of  ike  King  of  the 
Neilierlands,  on  opening  the 
session  of  the  States- General. 

Hague,  October  18. 
Nobic  ur.d  Mighty  Lords, 

Tl-e  zeal  which  characterised 


your  deliberations  during  the  last 
extraordinary  session  of  the 
States-General — the  wisdom,  the 
prudence,  and  the  patriotism  of 
which  you  have  given  proofs  up- 
on this  occasion,  have  not  been 
followed  by  a  result  which  has 
fulfilled  my  expectations.  I  had 
reason  to  expect,  particularly  af- 
ter the  perfect  accord  which  was 
manifested  between  the  Sovereign 
and  the  Representatives  of  the 
nation,  that  an  immediate  and 
constituted  examination  of  the 
desires  which  have  been  mani- 
fested, would  have  exercised  all 
the  moral  influence  necessary  to 
re-establish  everywhere,  in  the 
meantime,  repose  and  tranquillity. 
My  expectation  has  been  deceiv- 
ed in  a  deplorable  manner.  Up 
to  that  period,  obedience  to  the 
laws,  and  the  preservation  of  the 
legal  forms,  were  always  the  first 
considerations,  and  principally  fa- 
vored those  desires  and  com- 
plaints. At  a  later  period,  the 
impetuous  passions  of  a  blind  and 
excited  multitude  were  not  con- 
trolled by  reflection — they  lighted 
up  a  violent  rebellion,  and  the  ef- 
forts of  the  army  of  the  State  to 
second  the  hopes  of  the  well- 
intentioned  were  insufficient  to 
put  down  the  revolt. 

Even  before  their  arrival  at 
Brussels,  the  military  forces  des- 
tined for  the  protection  of  the  in- 
habitants had  been  assailed,  al- 
though they  had  previously  re- 
ceived a  solemn  assurance  of 
indulgence  and  peace  ;  in  that 
city  they  experienced  the  most 
murderous  resistance. 

Since  then,  the  armed  opposi- 
tion against  the  legal  Government 
has  extended  more  and  more  in 
the  southern  provinces ;    and  its 


PUBLIC  DOCUMENTS. 


[18: 


progress  has  been  so  alarming  and 
so  rapid  that,  for  the  defence  of 
the  faithful  provinces  of  the  Neth- 
erlands, and  the  security  of  their 
commerce,  I  took  the  necessary 
measures  with  respect  to  the  sea 
and  land  forces,  declared  movea- 
ble a  part  of  the  Communal 
Guards,  prepared  for  a  levy  en 
masse,  and  called  for  a  voluntary 
arming  of  the  inhabitants  of  those 
countries. 

The  enthusiasm  with  which 
this  appeal  was  received,  and  the 
fresh  marks  of  attachment  to  my 
iiouse  which  I  received  on  that 
occasion,  have  afforded  some  mit- 
igation to  the  pain  with  which 
my  heart  is  afflicted,  by  the  idea 
that  a  handful  of  rebels  was  able 
to  detach  such  a  favored  and  in- 
teresting population  from  a  Gov- 
ernment under  which  they  had 
attained  a  degree  of  prosperity 
and  riches  before  unknown  to  it, 
and  enjoying  as  well  in  its  public 
and  private  rights,  as  in  its  politi- 
cal, civil,  and  religious  liberties, 
the  largest  share  of  protection. 

The  expectations  that  the  great- 
er part  of  that  population  would, 
after  mature  reflecdon,  wish  for 
llie  return  of  those  benefits,  de- 
cided me  to  invest  my  beloved 
son,  the  Prince  of  Orange,  with 
the  temporary  government  of 
those  parts  of  the  southern  prov- 
inces which  remained  faithful,  and 
to  confide  to  him  the  care  of  pro- 
curing the  re-establishment,  as  far 
as  possible,  of  legal  order,  by 
means  of  persuasion,  in  the  rebel 
provinces. 

In  this  manner,  by  an  admin- 
istrative separation,  I  prepared,  as 
much  as  depended  on  myself,  the 
development  of  the  opinion  man- 


ifested by  the  States-General  in 
their  last  extraordinary  session ; 
and  by  this  means  I  was  enabled 
to  devote  my  attention  more  ex- 
clusively to  the  northern  provin- 
ces, and  to  employ  their  strength 
and  resources  solely  for  their  in- 
terest. At  the  same  time,  1  gave 
to  all  my  subjects,  and  to  the 
whole  of  Europe,  a  proof  that 
nothing  had  been  neglected  to 
bring  back  the  misguided  to  a 
sense  of  their  duty. 

Fortified  with  the  deep  con- 
sciousness of  having  kept  the  sol- 
emn oath  which  I  took  respecUng 
the  fundamental  law,  and  of  hav- 
ing unceasingly  labored  to  co- 
operate, as  far  as  was  in  my 
power,  in  the  promotion  of  the 
prosperity  of  the  people  of  the 
Netherlands,  I  wait  with  calm- 
ness the  result  of  those  measures, 
and  the  issue  of  the  important 
deliberations  to  which  the  events 
which  are  taking  place  in  south- 
ern provinces  give  rise  at  this 
moment  on  the  part  of  my  allies, 
who  guarantee  the  existence  of 
this  kingdom. 

In  general,  the  army,  by  its 
bravery  and  moderation,  has 
worthily  fulfilled  my  expectation. 
Nevertheless,  however,  I  have  to 
deplore  that  lately  so  great  a  por- 
tion of  the  troops,  seduced  by 
erroneous  opinions  or  deceptive 
promises,  should  have  suffered 
themselves  to  be  so  misled  as  to 
break  their  oaths,  forget  their  du- 
ty, and  abandon  their  flags. 

These  circumstances,  so  differ- 
ent from  a  state  of  peace  in  which 
the  kingdom  is  now  placed,  have 
obliged  me  to  open  your  present 
session  at  the  Hague.  It  is  agree- 
able to  me  to  be  able  to  communi- 


mi 


ANNUAL  REGISTER,  IBS'O— 3Y. 


cate  to  you  on  this  occasion,  that 
I  continue  to  receive  from  foreign 
powers  an  assurance  of  the  sin- 
cere interest  which  they  take  in 
the  evils  which  afflict  our  coun- 
try, and  of  their  friendly  senti- 
ments. 

It  is  not  less  agreeable  for  me 
to  be  able  to  inform  your  High 
Mightinesses,  that  the  courage 
and  perseverance  of  the  army  has 
put  an  end  to  the  war  that  deso- 
\kteS.  ike  island  of  Java ;  and  that, 
according  to  the  latest  accounts, 
the  desired  tranquillity  reigned  in 
the  other  parts  of  our  ultramarine 
possessions. 

Continual  rains  have  in  general 
injured  the  harvest.  I  have  taken 
all  the  precautions  which  were  in 
my  power  to  provide^, during  the 
approaching  winter,-  for  the  wants 
of  the  poorer  classes. 

The  internal  situation  of  the 
kingdom  forms,  for  the  moment, , 
an  insurmountable  obstacle  to  a 
correct  estimate  of  the  receipts 
and  disbursements  for  tlie  ap- 
proaching year.  Consequently, 
it  has  appeared  to  me  proper  to 
secure,  as  much  as  possible,-  th? 
continuation  of  what  exists.  A 
project  of  law  which  tends  to  this 
end,  and  according  to  which  all 
the  changes  w^hich  were  contem-- 
plated  will  remain  without  exe- 
cution, will  immediately  be  pre-^ 
sented  to  your  High  Mightinesses. 

In  virtue  of  th^  declaration 
made  at  the  opening  of  your  last 
extraordinary  session,  I  adopted 
a  measure  proper  to  provide  for 
the  most  pressing  wants  of  the 
Treasury  ;  the  patriotism  of  the" 
citizens  makes  me  hope  that  it 
iVill  have  entire  success.     How- 


ever, this  measure  must  be  rfe^ir- 
lated  by  legislative  provisions, 
which  will  be  submitted  to  your 
High  Mightinesses  during  the  pres- 
ent session. 

Whatever  may  be  the  difficul- 
ties of  the  moment,  it  is  impera- 
tive to  fulfil  the  engagements 
relative  to  the  redemption  of  the 
debt  of  the  state,  and  I  propose, 
in  consequence,  to  present  to 
your  Assembly  a  project  for  the 
purchase  and  redemption  of  the 
publi^i"  debt. 

Energetic  means  of  repression 
and  punishment  are  necessary  to 
prevent  the  acts  and  menaces  to 
which'  the  evil-disposed  might* 
have  recourse,  to  disturb  the  pub-- 
lic  mind  ;  and,  if  such  were  pos- 
sible, to  expend  the  revolt  even 
fo  the  faithful  provinces  and  can- 
f6ns.  J  Mtoke  for  this  purpose 
the  co-o])eration  of  your  High 
Mightine3:?es.  In  the  meantime, 
I  hate  b^en  compelled^  iy  the 
urgency  of  the  occasion,  to  make 
the  preliminary  arrangemerK's  in 
that  respect,  and  to  direct  meas- 
ures of  precaution  and  surveil- 
ihnce  with  reference  to  foreigners 
and  travellers. 

In  order  to  satisfy  the  just'  de- 
sire manifested  on  many  occasions 
hf  your  High  Mightitjesses,  I  had 
fixed  on  the  first  day  of  Februai^^ 
next,  as  the  period  for  the  intro-^ 
duction  of  the  National  Legisla-' 
tion,  and  of  the  judicial  institu- 
tions. The  revolt  which  has  brok^ 
en  out  in  the  southern  provinces^ 
prevents  at  this  moment  the  fuk 
filment  of  that  desire  for  a  fixed 
period,  and  consequently  the  pre- 
vious establishment  of  the  High 
Court  cannot  be  effected. 


PUBLIC  DOCUMENTS. 


[1S9 


Noble  and  Mighty  Lords, 

The  rapid  course  of  the  events, 
by  which  for  some  time  past  this 
kingdom  has  been  shaken,  may 
have  an  influence  on  several  other 
of  our  institutions;  the  issue  of 
these  events  cannot  yet  be  fore- 
seen, and  the  very  unexpected 
news  that  has  been  received  to- 
day from  Antwerp,  gives  a  furth- 
er proof  of  the  daily  progress  of 
a  real  separation  between  the  two 
great  divisions  of  the  kingdom. 


However,  I  wait  the  issue  with 
confidence,  for  my  conscience  is 
tranquil.  I  may  always  reckon 
upon  your  concurrence,  upon  that 
of  the  faithful  provinces  of  the 
north,  as  well  as  upon  the  sup- 
port of  my  allies,  who  will  main- 
tain the  political  system  of  Eu- 
rope, and  I  find  myself  still  at  the 
head  of  a  people  whose  religious 
sentiments  offer  the  best  guaran- 
tee of  the  tutelar  protection  of  the 
Almighty. 


RUSSIA   AND   POLAND. 


Manifesto  of  the  Polish  JVation. 

When  a  nation,  formerly  free 
and  powerful,  finds  itself  com- 
pelled by  the  excess  of  its  ills  to 
have  recourse  to  the  last  of  its 
rights — to  the  right  of  repelling 
oppression  by  force — it  owes-  to 
itself,  and  to  the  rest  of  the  world, 
to  divulge  the  motives  which  have 
induced  it  to  sustain  by  arms  the 
most  holy  of  causes.  The  Cham- 
bers of  the  Diet  have  felt  this  ne- 
cessity, and,  following  the  spirit 
of  the  revolution  of  the  29th  No- 
vember, and  acknowledging  it  to 
be  national,  they  have  resolved  to 
justify  themselves  in  the  eyes  of 
Europe. 

The  infamous  machinations,  the 
vile  calumnies,  the  open  violence, 
and  the  secret  treachery  which 
accompanied  the  three  dismem- 
berments of  ancient  Poland,  are 
but  too  well  known  ;  history  has 
already  branded  them  as  a  politi- 
cal crime.  The  deep  and  aw- 
ful mourning  which  this  violation 


spread  throughout  the  country  has 
never  been  laid  aside,  but  has 
been  religiously,  preserved  even 
until  now ;  the  unspotted  standard 
has  never  ceased  to  wave  at  the 
head  of  our  valiant  army ;  and, 
in  all  his  military  migrations,  the 
Pole,  carrying  from  country  to 
country  his  household  gods,  has 
cried  out  for  vengeance  for  the 
outrages  committed  against  them. 
Cherishing  that  noble  illusion, 
which,  like  every  other  grand 
idea,  has  never  failed  in  the  end 
to  be  realised,  he  believed  that 
whenever  he  fought  for  the  cause 
of  liberty  he  was  fighting  for  his 
own  country.  This  country  at 
length  re-established  her  exist- 
ence ;  and,  although  restrained 
within  narrow  limits,  Poland  re- 
ceived from  the  great  warrior  of 
the  age  her  native  language,  her 
rights  and  liberties — precious  gifts 
again  augmented  by  the  greatest 
of  hopes.  From  that  moment  his 
cause  became  ours — our  blood 
became  his  right ;  and  when  his 


I'^O]' 


ANNUAL  KEGISTIER,  1830— ST. 


allies  and  Heaven  itself  abandon- 
ed him,  the  Poles,  preserving  their 
fidelity,  participated  in  the  disas- 
ters of  the  hero,  and  the  common 
fell  of  the  great  man  and  an  un- 
fortunate nation  drew  involuntary 
tears  from  the  conqueror  himself. 

This  sentiment  had  produced 
too  strong  an  impression.  The 
Sovereigns  of  Europe,  in  the 
midst  of  the  combat,  had  prom- 
ised with  too  much  solemnity  to 
give  durable  peace  to  the  world  ; 
to  admit  that  the  Congress  of 
Vienna,  upon  their  again  dividing 
our  country  among  them  as  spoil, 
should  not  in  some  degree  soft- 
en the  fresh  outrages  committed 
against  the  Poles.  A  nationality 
and  a  reciprocal  fieedom  of  com- 
merce was  guaranteed  to  every 
part  of  ancient  Poland  ;  and  that 
which  the  great  European  con- 
flict had  found  independent,  par- 
celled out  on  three  sides,  received 
the  title  of  kingdom,  and  was 
placed  under  the  immediate  do- 
minion of  the  Emperor  Alexander, 
with  a  separate  charter,  and  the 
power  of  being  enlarged. 

In  execution  of  these  stipula- 
tions, he  granted  a  free  constitu- 
tion to  the  kingdom,  and  gave  to 
the  Poles,  subject  to  the  domina- 
tion of  Russia,  a  gleam  of  hope 
that  they  might  shortly  be  united 
to  their  brethren.  These  gifts, 
however,  were  not  gratuitous,  he 
had  previously  contracted  obliga- 
tions towards  us,  and  we,  on  our 
part,  had  made  sacrifices  in  re- 
turn. Before  and  durins:  the  de- 
cisive  struggle,  the  brilliant  prom- 
ises made  to  the  Poles  who  were 
subject  to  the  sceptre  of  Alexan- 
der, and  the  suspicions  raised  with 
respect  to  the  intentions  of  Napo- 


leon, prevented  more  than  one- 
Pole  from  declaring  in  his  favor. 
Tlie  Emperor  of  Russia  was^-only 
faithful  to  his  promises  in  declar- 
ing himself  King  of  Poland,  but 
as  to  that  nationality,  those  liber- 
ties which  were  to  become  the 
guarantees  of  the  peace  of  Eu- 
rope, we  were  forced  ta  purchase 
them  at  the  price  of  our  indepen- 
dence, the  first  condition  of  the 
political  existence  of  nations,  as 
if  a  durable  peace  could  be  estab- 
lished upon  the  enslavement  ol 
sixteen  millions  of  people — as  it 
the  annals  of  the  world  had  not 
taught  us  that,  even  after  an  inter- 
val of  ages,  nations  reduced  to 
foreign  subjection  did  not  always 
recover  that  independence  which 
had  been  destined  for  them  by 
the  Creator  from  the  beginning  of 
time,,  by  having  separated  them, 
from  other  nations  in  language 
and  customs — as  if  this  lesson  was 
forgotten  by  Governments,  that 
people  oppressed  ever  become 
the  natural  allies  of  whoever  may 
happen  to  rise  up  against  their 
oppressors. 

But  these  conditions,  though 
arbitrarily  imposed,  were  not  ful- 
filled ;  the  Poles  were  not  long 
before  they  become  convinced^ 
that  the  nationality  and  the  title 
of  kingdom,  given  to  Poland  by 
the  Ehiperor  of  Russia,  were  but 
a  lure  to  their  brethren  subject  to^ 
other  states — but  a  weapon  against 
those  same  states — and  but  a  mere 
chimera  to  those  to  whom  they 
had  been  guaranteed.  They  be- 
came convinced  that,  under  the- 
shelter  of  these  sacred  names,  it 
was  intended  to  reduce  them  to  a^ 
servile  degradation,  and  weigh, 
them  down  by  all  the  inftictfone^ 


PluBXtC  1>jCUMENT&. 


IM 


'of  Si  "'cfominueil  despotism,  and'the 
loss  of  the  dignity  appertaining  to 
man.   The  measures  taken  against 
the  army  first  drew  aside  the  veil 
tJhat  covered  this  mysterious  plan. 
The  most   cruel   outrages  —  the 
most  infamous  punishments — the 
most  refined  pei-secutions  ordered 
'by  the  commander-in-chief,  under 
^the  pretence  of  maintaining  dis- 
•c-bline,  but  the  real  object  of  which 
was  to  destJToy  the  feeling  of  hon- 
or,  that  national  dignity,  ^vhich 
characterized   our  troops,»^were 
invented  and   enforced.      Faults 
the  most  trifling  were  deemed  and 
treat-ed  as  most  serious  offences — 
tlie  slightest  suspicion  converted 
Ynto  proofs  of  breach  of  discipline 
— and   the   commander-in-chief, 
by  his  arbitrary  control  over  die 
tjonrts-martial^  rendered  'in    fact 
the  sole  arbiter-of  the  lifeafld hon- 
\iv  of  each  individual  soldier.  The 
nation  beheM  \vith -indignation  the 
decrees  of  tliese  courts  repeatedly 
-quashed,  until  at  length  their  dfe^- 
■\3isi0ns  attained  the  degree  of  se- 
'vcrity   that    was    required    from 
Lheiii.     Many  members,  in  con- 
•sequence,   sent  in  their  resigna- 
tion ;  many,   personally   insulted 
by  the  commander-in-chief^  puri- 
fied by  their  owti  blood  the  x)u{- 
^\t-ges  that  had  b^en  committed 
Upon  them,  and,  atV-he  same  time, 
showed  that  it  was  not  the  want 
of  true  courage,  but  the  fear  of 
compromising  the  futurc  fate   of 
their  country,  that  withheld  their 
Hrms  from   falling  in  vengeance 
'vip'on  their  oppressors. 

On  the  -iirec  t-i-ng  of  the  first  Diet 
of  the  kingdom,  a  renewal  of  the 
solemn  promises  that  the  blessings 
of  a  constitution  should  be  ex- 
tended to  our  brethren,  who  were 


to  be  re-united  to  11%  revived  ex- 
tinguished hopes,  and  caused  the 
moderation  to  reign  in  the  Cham- 
bers "which  was  their  only  end 
and  object.  The  freedom  of  the 
press,  and  the  publicity  of  the  pro^ 
ceedmgs  of  the  Diet,  were  only 
tolerated  in  so  far  as  they  gave 
vent  to  the  hymns  and  praises  of 
a  subjugated  people  in  honor  of 
their  all-powerful  conqueror ;  bul 
when,  after  the  Diet  was  closed, 
the  public  journals  continued  to 
dfscuss  public  affairs,  a  severe 
censorship  was  introduced  ;  and 
on  the  meeting  -r)f  the  following 
'Diet,  which  proposed  to  itself  the 
same  object  as  the  former,  the 
^representatives  of  the  people  were 
l^ersecuted  for  the  opinions  the5r 
delivered  in  the  Chambers.  Thfe 
'coiTStituiional  states  of  Europe  wiR 
be  astonished  when  they  learn 
v/hat  has  been  so  carefully  con- 
cealed from  them, — when,  on  the 
one  hand,  they  behold  tlie  wise 
'and  moderate  use  the  Poles  have 
made  of  their  liberty,  the  venera^ 
tion  tbey^  have  shown  for  then: 
SovereigtK  his  religion  and  cv^- 
toms  uniformly  treated  with  re- 
spect ;  and  on  the  other,  the  bad 
faith  with  which  power  has  been 
used,  not  content  with  despoiling 
an  unhappy  people  of  their  rights, 
but  imputing  the  horror  of  these 
violations  to  tht:  unbridled  exer- 
cise of  their  freedom. 

*rhe  placing  in  union  upon  one 
heftd  the  crowns  of  an  Autocrat 
and  of  a  Constitutional  King  was 
one  of  those  political  monstrosities 
which  are  never  of  long  duration. 
Every  man  foresaw  that  the  king- 
dom of  Poland  must  become  either 
the  nursery  of  liberal  institutions 
for  Russia,  or  sink  under  the  iron 


192] 


ANNUAL  REGISTER,  1830— 31. 


hand  of  its  despotism.  This  ques- 
tion was  soon  resolved.  It  ap- 
. pears  that  at  one  moment  the 
Emperor  Alexander  conceived 
he  might  consolidate  his  arbitrary 
power  with  our  liberal .  laws,  and 
tliereby  secure  for  himself  a  new 
influence  over  the  affairs  of  Eu- 
rope. But  he  was  soon  convinced 
tliat  liberty  could  never  become 
so  debased  as  to  be  the  blind  in- 
strument of  despotism ;  and  from 
tliat  time,  instead  of  her  defender, 
he  became  her  persecutor.  Rus- 
sia lost  all  hope  of  ever  seeing  the 
yoke  by  which  she  was  oppressed 
taken  off  by  the  hand  of  her  Sov- 
ereign, and  Poland  saw  herself 
successively  deprived  of  all  her 
privileges.  No  time  was  lost  in  car- 


rying 


this  design  into  execution. 


Public  education  was  corrupted, 
a  system  of  concealment  and  mys- 
tery was  adopted,  the  people  were 
left  without  means  of  instruction, 
a  whole  palatinate  was  deprived 
of  its  representation,  and  the 
Chambers  no  longer  allowed  the 
faculty  of  voting  the  supplies. 
New  burdens  were  imposed,  new 
monopolies  created  to  dry  up  the 
sources  of  national  wealth  ;  and 
the  treasury  enriched  by  these 
measures,  became  the  pasture  of 
salaried  sycophants,  infamous  hire- 
ling instigators,  and  vile  and  des- 
picable spies.  Instead  of  the 
economy  so  repeatedly  called  for, 
pensions  were  augmented  in  a 
most  scandalous  degree,  to  which 
were  added  enormous  gratuities, 
and  officers  created  solely  with 
the  view  of  augmenting  the  num- 
ber of  the  government  satians. 

Calumny  and  espionage  were 
carried  into  the  secret  circles  of 
private  families — and,  the  free- 


dom of  private  life  infected  with 
their  poison,  the  ancient  hospital- 
ity of  the  Poles  became  a  snare 
for  their  innocence.  Individual 
liberty,  which  had  been  solemnly 
guaranteed,  was  violated,  and  the 
prisons  of  the  state  became  crowd- 
ed ;  councils  of  war  were  au- 
thorized to  pronounce  judgment 
in  civil  cases,  and  citizens,  whose 
only  fault  was  a  wish  to  save  the 
spirit  and  character  of  tlie  nation 
from  corruption,  were  subjected 
to  infamous  punishments.  It  was 
in  vain  that  some  of  the  authori- 
ties of  the  kingdom,  and  the  rep- 
resentatives of  the  people,  laid 
before  the  King  a  faithful  picture 
of  the  abuses  committed  in  his 
name — for  not  only  were  the 
abuses  suffered  to  remain  unsup- 
pressed,  but  the  responsibility  of 
the  ministers  and  the  administra- 
tive authorities  was  paralysed, 
by  the  immediate  interference  of 
the  brother  of  the  Emperor,  and 
by  the  exercise  of  that  discretion- 
ary power  with  which  he  was  in- 
vested. This  monstrous  author- 
ity, the  source  of  the  greatest 
abuses,  and  which  might  wound 
the  personal  dignity  of  every  in- 
dividual, had  become  so  infatuat- 
ed, that  it  even  dared  to  call  be- 
fore it  citizens  of  every  rank  and 
condition,  merely  to  load  them 
with  insults,  and  at  times  to  sub- 
ject them  to  disgraceful  public 
labors,  reserved  for  the  vilest 
convicts ;  as  if  Providence  by 
permitting  them  to  carry  their  out- 
rages against  the  people  to  the 
very  utmost  pitch,  had  destined 
their  inordinate  abuses  of  author- 
ity to  be  the  exciting  cause  of  our 
insurrection. 

After  so  many  affronts,  after  so 


PUBLIC  DOCUMENTS. 


[193 


manifest  a  violation  of  the  guar- 
antees sworn — a  violation  which 
no  le<;itimaie  government  in  any 
civilized  country,  would  have  al- 
lowed itself  with  impunity,  and 
which,  a  fortiori,  may  justify 
our  insurrection  against  an  author- 
ity imposed  by  force — who  will 
not  consider  that  this  authority 
has  broken  off  all  alliance  with 
the  nation,  that  it  has  oppressed 
it  beneath  the  yoke  of  slavery, 
that  it  has  given  the  right  at  eve- 
ry instant  to  burst  its  fetters  and 
forge  them  into  arms  ? 

The  picture  of  the  disasters  of 
our  brethren  may  be  superfluous, 
but  truth  forbids  us  to  pass  it  over. 
The  provinces  formerly  incorpo- 
rated with  Russia  have  not  been 
re-united  to  the  kingdom.  Our 
brethren  have  not  been  admitted 
to  the  enjoyment  of  the  hberal 
institutions  stipulated  by  the  Con- 
gress of  Vienna  ;  on  the  contrary, 
the  national  recollections  awaken- 
ed in  them,  first  by  promises  and 
encouragement,  and  then  by  a 
long  expectation,  became  a  crime 
against  the  State,  and  the  King 
of  Poland  caused  to  be  prosecut- 
ed, in  the  ancient  provinces  of 
that  State,  such  Poles  as  had 
dared  to  call  themselves  Poles. 
The  youth  of  the  schools  were 
particularly  the  objects  of  perse- 
cution ;  young  children  were  torn 
from  their  mother's  breasts  ;  the 
issue  of  the  first  families  were 
transported  to  Siberia,  or  were 
forced  to  enter  into  the  ranks  of  a 
corrupt  soldiery.  In  official  docu- 
ments and  judicial  examinations, 
the  Polish  language  was  suppres- 
sed ;  the  Polish  tribunals  and  civil 
law  were  annihilated  by  ukases ; 
.abuses  of  administration  reduced 
17 


the  landed  proprietors  to  misery ; 
and  since  the  accession  of  Nich- 
olas to  the  throne,  this  state  of 
things  had  constantly  been  grow- 
ing worse.  Religious  intolerance 
itself  employed  every  means  to 
consolidate  the  united  Greek 
ritual  upon  the  ruins  of  the  Cath- 
olic ritual. 

In  the  kingdom,  although 
none  of  the  liberties  guaran- 
teed by  the  Constitution  were 
observed,  these  liberties,  suppres- 
sed de  facto,  nevertheless  con- 
tinued to  exist  de  jure.  It  w^as 
precisely  this  existence  de  jure 
that  it  was  necessary  to  under- 
mine. We  then  saw  that  addi- 
tional article  to  the  Constitution 
appear,  which  setting  forth  a  s[)e- 
cious  solicitude  for  the  mainten- 
ance of  the  Charter,  destroyed  one 
of  its  principal  provisions  by  de- 
priving the  Chambers  of  the  pub- 
licity of  their  proceedings,  and 
the  support  of  public  opinion,  and 
which,  above  all,  vv'as  to  consecrate 
the  principle  that  it  was  allowed 
to  cut  up  at  will  the  fundamental 
compact,  and  thereby  entirely  to 
abolish  the  Charter,  as  one  of  its 
articles  has  been  abolished.  It 
was  under  these  auspices  that  the 
Diet  of  1825  vi'as  convoked,  from 
which  it  was  sought,  by  all  manner 
of  means,  to  discard  the  most  in- 
trepid defenders  of  our  liberties  ; 
a  Nuncio,  who  has  just  taken 
part  in  the  deliberations,  was  car- 
ried off  by  main  foixe,  surround- 
ed by  gens  d'armes,  and  held  cap- 
tive for  five  yeaj's,  till  the  moment 
when  the  revolution  broke  out. 
Deprived  of  its  force,  shut  up, 
threatened  with  the  loss  of  the 
Charter,  and  misled  by  fresh  prom- 
ises of  the  ancient  provinces  being 


194] 


ANNUAL  REGISTER.  1830—31. 


re-united  to  the  kingdom,  the  Diet 
of  1825  followed  the  example 
of  that  of  181 S;  but  these  prom- 
ises remained  without  effect,  and 
the  petitions  which  prayed  lor  the 
restoration  of  our  liberties  were 
rejected. 

The  general  indignation  of  the 
well-disposed  inhabitants  and  the 
exasperation  of  the  whole  nation, 
had  long  been  bringing  on  the 
storm,  the  approach  of  which  be- 
gan to  appear,  when  the  death  of 
Alexander,  the  accession  of  Nich- 
olas to  the  throne,  and  the  oath 
he  took  to  maintain  the  Constitu- 
tion, seemed  to  promise  us  a  ces- 
sation of  abuses  and  the  return  of 
our  liberties.  This  hope  soon 
vanished  ;  for  not  only  did  things 
continue  as  they  were,  but  the 
revolution  at  St  Petersburgh  even 
served  as  a  pretext  to  imprison 
and  bring  to  trial  the  most  dis- 
tinguished Individuals  of  the  Sen- 
ate, the  Chamber  of  Nuncios,  the 
army  and  the  citizens.  In  a  short 
time  the  prisons  of  the  capital 
were  filled.  Every  day  fresh 
buildings  were  appropriated  to  re- 
ceive thousands  of  victims  sent  to 
Warsaw  from  every  part  of  Old 
Poland,  and  even  from  parts  sub- 
ject to  foreign  governments.  Upon 
the  native  soil  of  liberty  were  in- 
troduced tortures  which  cause 
humanity  to  shudder.  Death  and 
suicide  constantly  diminished  the 
number  of  the  unfortunate  victims, 
who  were  sometimes  left  forgot- 
ten in  small  and  damp  dungeons. 
In  contempt  of  every  law,  a  spe- 
cial committee  of  inquiry  was  in- 
stituted, composed  of  Russians 
and  Poles,  most  of  them  military- 
men,  who,  by  protracted  tortures, 
by  promises  of  pardon  and  insid- 


ious questions,  only  sought  to  ex- 
tort from  the  accused  the  confes- 
sion of  an  imaginary  crime.  It 
was  only  after  an  imprisonment 
of  one  year  and  a  half  that  the 
High  National  Court  was  estab- 
lished, for,  as  in  spite  of  every 
law,  imprisonments  had  been 
criminally  prolonged  to  a  degree 
that  several  victims  had  died  in 
prison,  it  became  absolutely  ne- 
cessary to  render  this  measure 
legal.  The  conscience  of  the 
Senate  disappointed  this  expecta- 
tion, and  the  accused,  who  had 
been  groaning  in  prison  for  two 
years,  were  acquitted  of  any  crime 
against  the  State.  This  decision, 
from  that  period,  removed  all  dis- 
tinctions between  the  accused 
and  their  judges.  The  former,  not- 
withstanding the  sentence  which 
proclaimed  their  innocence  instead 
of  being  set  at  liberty,  were  con- 
veyed to  St  Petersburgh,  where 
they  were  imprisoned  in  forts, 
and  up  to  this  moment  several 
have  not  been  restored  to  their 
families.  The  latter  were  de- 
tained for  nearly  a  year  at  War- 
saw, for  having  shown  themselves 
independent  judges.  The  pub- 
lication and  execution  of  the  sen- 
tence was  stopped.  It  was  sub- 
mhted  to  the  examination  of  the 
administrative  authorities,  and 
when,  at  length,  out  of  some  re- 
gard for  Europe,  it  was  found 
necessary  to  publish  it,  a  minister 
carried  his  audacity  so  far  as  to 
degrade  the  national  majesty,  by 
reprimanding,  in  the  name  of  the 
Sovereign,  the  highest  Magistra- 
cy of  the  State,  in  the  exercise 
of  their  most  exalted  functions. 

It  was  after  such  acts  that  the 
Emperor  Nicholas  resolved  to  be 


PUBLIC  DOCUMENTS. 


[195 


crowned  King  of  Poland.  The 
representatives  of  the  nation  being 
summoned,  were  silent  witnesses 
of  this  ceremony,  and  the  new 
oaths  were  soon  violated  again, 
for  no  abuse  was  suppressed,  not 
even  the  discretionary  power. 
Even  on  the  day  of  the  corona- 
tion, tlie  Senate  was  filled  with 
new  members,  who  did  not  possess 
the  qualifications  required  by  the 
Constitution,  the  only  guarantee 
of  the  independence  of  their  votes. 
An  illegal  loan,  and  the  aliena- 
tion of  national  domains,  were  in- 
tended to  render  moveable  and 
disposable  the  immense  landed 
property  of  the  State.  But  Provi- 
dence directed  that  the  large 
sums  proceeding  from  the  partial 
execution  of  this  plan  should  not 
be  squandered  away,  but  be  used 
in  arming  the  nation. 

In  short,  the  last  consolation 
which,  under  the  reign  of  Alex- 
ander, enabled  the  Poles  to  sup- 
port their  misfortunes — namely, 
the  hope  of  seeing  themselves  re- 
united to  their  brethren,  was  taken 
from  them  by  the  Emperor  Nich- 
olas. From  that  moment  all  ties 
were  broken.  The  sacred  fire 
which  had  long  been  prohibited 
from  being  kindled  upon  the  al- 
tars of  the  country,  was  secretly- 
burning  in  the  hearts  of  all  well- 
disposed  men.  One  thought  only 
was  common  to  them — namely, 
that  they  should  no  longer  en- 
dure such  a  slavery.  But  the 
Government  itself  hastened  the 
moment  of  explosion.  Inconse- 
quence of  reports,  daily  corrobo- 
rated, of  a  war  against  the  liberty 
of  nations,  orders  were  given  to 
put  upon  the  war  establishment, 
the    Polish    army     destined    to 


march ;  and,  in  its  place,  the 
Russian  armies  were  to  occupy 
the  country.  Considerable  sums, 
proceeding  from  the  loan  and  the 
sale  of  the  national  domains,  de- 
posited at  the  bank,  were  to  cover 
the  expenses  of  this  deadly  war 
against  liberty.  Arrests  again 
took  place  ;  every  moment  was 
precious.  Our  army — our  treas- 
ure-— our  resources — our  national 
honor — averse  to  rivet  chains  up- 
on the  necks  of  other  nations,  and 
to  fight  against  liberty  and  our 
former  companions  in  arms,  were 
at  stake.  Every  one  shared  this 
feeling  ;  but  the  heart  of  the  na- 
tion— the  focus  of  enthusiasm,  the 
youth  of  the  army  and  of  the  col- 
leges, as  well  as  a  great  part  of 
the  garrison  at  Warsaw,  and  of 
the  citizens  impressed  with  this 
sentiment,  resolved  to  give  the 
signal  for  the  insurrection.  An 
electric  spark  in  a  moment  in- 
flamed the  army,  the  capital,  and 
the  whole  country.  The  night 
of  November  29,  was  illuminated 
by  the  fire  of  liberty.  In  one  day 
the  capital  was  delivered ;  in  a 
few  days  all  the  divisions  of  the 
army  were  united  by  the  same 
sentiment,  the  fortresses  occupied,, 
the  natives  armed,  the  brother  of 
the  Emperor,  with  the  Russian 
troops,  relying  upon  the  generosity 
of  the  Poles,  and  owing  his  safety 
to  this  step  alone.  Such  were 
the  acts  of  this  heroic,  noble  rev- 
olution, which  is  as  pure  as  the 
enthusiasm  of  the  youth  whose 
offspring  it  is. 

The  Polish  nation  have  risen 
from  their  abasement  and  degra- 
dation, with  the  firm  resolution 
no  longer  to  bend  beneath  the 
iron  yoke  which  has  just  been 


196] 


ANNUAL  REGISTER,  1830—31 


broken,  and  not  to  lay  down  the 
arms  of  their  ancestors  until  they 
have  regained  their  independence 
and  power,  the  only  guarantee  of 
their  liberties  ;  until  after  having 
secured  the  enjoyment  of  these 
liberties,  which  they  claim  upon 
a  two-fold  right — namely,  as  the 
honorable  heritage  of  their  fore- 
fathers, and  as  the  urgent  want  of 
the  age  ;  and  finally,  until  after 
being  re-united  to  their  brethren, 
subject  to  the  yoke  of  the  Cabinet 
of  St  Petersburgh,  and  having 
delivered  them,  they  shall  have 
made  them  sharers  of  their  liber- 
ties and  independence.  We  have 
not  been  influenced  by  any  na- 
tional hatred  against  the  Russians, 
with  whom  we  have  a  common 
origin  ;  on  the  contrary,  at  the 
first  moment  we  felt  pleasure,  on 
the  loss  of  our  independence,  in 
thinking  that,  although  our  re- 
union under  the  same  sceptre, 
was  injurious  to  our  interests,  yet 
it  might  cause  a  population  of 
forty  millions  to  partake  of  the  en- 
joyment of  constitutional  liberties, 
which,  in  the  whole  civilized 
world,  had  become  equally  neces- 
sary both  to  nations  and  sover- 
eigns. 

Convinced  that  our  liberty  and 
independence,  far  from  having 
been  hostile  to  the  neighboring 
states,  have,  on  the  contrary,  serv- 
ed at  all  times  as  an  equilibrium 
and  shield  to  Europe,  and  may 
now  become  more  useful  than 
ever,  we  appear  in  the  presence 
of  sovereigns  and  nations,  with 
the  assurance  that  the  voice  of 
policy  and  humanity  will  be  equal- 
ly heard  in  our  favor. 

If  even  in  this  struggle,  the 
dangers  of  which  we  do  not  con- 


ceal from  ourselves,  we  were  to 
fight  alone  for  the  interest  of  all, 
full  of  confidence  in  the  sanctity 
of  our  cause,  in  our  own  valour, 
and  in  the  assistance  of  the  Al- 
mighty, we  will  fight  till  our  last 
gas|)  for  liberty ;  and  if  Provi- 
dence have  destined  this  land  to 
perpetual  slavery  ;  if  in  this  last 
struggle  the  freedom  of  Poland 
is  to  fall  beneath  the  ruins  of  its 
towns,  and  the  bodies  of  its  de- 
fenders, our  enemies  shall  only 
reign  over  deserts,  and  every 
good  Pole,  when  dying,  will  car- 
ry with  him  the  consolation,  that 
if  Heaven  has  not  permitted  him 
to  save  his  own  liberty  and  his 
own  country,  he  has,  at  least,  by 
this  deadly  combat,  placed  the 
liberties  of  threatened  Europe  un- 
der shelter  for  a  moment. 
(Signed)^ 
Prazinowski,  Bishop  of  Plock ; 
Miazynski,  Palatine  Senator  ;  Po- 
tocki,  Castellan  Senator ;  W.  Zu- 
rierchowski,  Deputy  of  Warsaw; 
G.  Malachowski,  Nuncio  of  the 
district  of  Szydtouree ;  Swidzins- 
ki,  (Constantino)  Nuncio  of  Opoc- 
zno ;  Biernacki,  (Aluis),  Nuncio 
of  the  district  of  Wtelun  ;  Lelewel 
(Joachim),  Nuncio  of  the  district 
of  Welechow  ;  Malachowski,  Cas- 
tellan Senator  ;  Prince  Adam 
Czartoryspi,  Palatine  Senator  ; 
Prince  Slichel  Radziwill,  Palatine 
Senator ;  Gliszczynski,  Castellan 
Senator ;  Kochanowski,  Castellan 
Senator ;  Wodzinski,  Castellan 
Senator;  L.  Pac,  Castellan  Sena- 
tor; the  Count  Ladislas  Ostrows- 
ki.  Marshal  of  the  Diet ;  Count 
Jean  Lepochowski,  Nuncio  of  the 
Palatine  of  Cracow;  Francois 
Soltyk,  Nuncio  of  the  Palatinate 
of  Sadomir  ;  Morawski,  (TheopJ:!- 


PUBLIC  DOCUMENTS. 


[197 


ilus),  Nuncio  of  Kalisz ;  Swirski, 
(Joseph),  Nuncio  of  the  district  of 
Hrubieszoco ;  Ignatus  Dembovvs- 
ki,  Nuncio  of  Plock  ;  Count 
Jezierski ;  Tgnatus  Wezyk,  Deputy 
of  Loscice;  J.  Wisniewski. 
The  Marshal  of  the  Diet, 

Count  OSTROWSKI. 

The  Secretary  of  the  Chamber 
of  the  Nuncios, 

Xavier  Czarnocki, 
Deputy  of  the  district  of  Slanis- 

laww. 

Proclamation  of  the  Emperor  of 
Russia. 

Poles, 

The  guilty  events  of  which  the 
Capital  of  Poland  presents  the 
example,  has  troubled  the  public 
tranquillity  of  the  country  :  I  have 
been  informed  of  them  with  the 
most  just  indignation,  and  with  a 
sentiment  of  the  most  profound 
grief. 

Some  individuals  unworthy  of 
the  Polish  name,  have  formed  a 
conspiracy  against  the  life  of  the 
brother  of  your  King,  have  in- 
veigled the  army  to  forget  their 
oaths,  and  have  deceived  the 
people  upon  their  dearest  inter- 
ests. 

There  is  yet  time  to  make  rep- 
aration, and  to  prevent  infinite 
misfortunes.  I  am  not  about  to 
confound  those  who  abjure  the 
errors  of  a  moment,  with  those 
who  persevere  in  crime.  Poles, 
listen  to  the  counsels  of  a  father  : 
obey  the  order  of  your  Sovereign. 

In  publishing  our  immutable 
intentions,   we   have  ordered, — 

1.  The  Russians  who  are  de- 
tained prisoners  shall  be  set  at 
liberty. 

17* 


2.  The  Council  of  Adminis- 
tration shall  resume  its  functions, 
as  instituted  in  1826. 

3.  The  authorities,  civil  and 
military,  shall  obey  its  orders,  and 
not  acknowledge  any  illegitimate 
authority. 

4.  The  chiefs  of  corps  of  the 
army  shall  assemble  the  troops, 
and  shall  direct  their  course  with 
them  to  the  rendezvous  at  Plozn. 

5.  At  the  same  time  they  will 
inform  us  of  the  state  '  of  the 
troops. 

6.  All  who  shall  not  conform 
to  this  military  order,  shall  cease 
their  functions,  and  be  declared 
dismissed. 

The  local  authorities  shall  de- 
prive of  their  arms  all  those  who 
are  opposed  to  public  order. 
The  arms  shall  be  confided  to 
the  care  of  veterans,  and  of  the 
communal  gens  d'armes. 

Soldiers  of  the  Polish  army ! 
your  motto  has  always  been  fidel- 
ity and  honor.  The  regiment  of 
Cavalry  Chasseurs  of  the  Royal 
Guard  have  given  a  remarkable 
proof  of  it.  Soldiers,  follow  their 
example,  justify  the  confidence 
of  your  Sovereign,  who  has  re- 
ceived your  oaths ! 

Poles  !  you  have  remained 
faithful,  I  count  upon  your  devo- 
tion and  courage.  I  will  not 
spurn  from  me  those  who  regret 
the  error  of  a  moment,  and  who 
will  return  to  their  duty.  But 
never  shall  I  address  men  without 
honor  and  faith,  who  have  con- 
spired against  the  tranquillity  of 
their  country.  What  concessions 
can  they  imagine  they  will  re- 
ceive widiout  arms  in  their  hands  ? 
They  deceive  themselves.  Trai- 
tors of  their  country,  the  misfor- 


19S] 


ANNUAL  REGISTER,  1830—31. 


tunes  which  they  have  drawn 
down  will  fall  again  upon  their 
own  heads. 

St  Petersburgh,  Dec.  5  (17th.) 

(Signed)  Nicholas. 

Count  Etienne  Grabbouski, 
Minister  Secretary  of  State. 

Russian  Manifesto  against 
Poland. 

We,  Nicholas,  by  the  Grace  of 
God,  Emperor  and  Autocrat  of 
all  the  Russias,  &ic.,  to  all  our 
faithful  subjects,  greeting : 

A  terrible  treason  has  convuls- 
ed the  kingdom  of  Poland,  which 
is  united  to  Russia.     Evil-minded 
men,  whom  the  benefits  of  the 
Emperor  Alexander,  the  magnan- 
imous restorer  of  their  country, 
had  not  disarmed,  and  who,  under 
the  protection  of  the  Constitution 
which  he  had  granted  them,  en- 
joyed the  fruits  of  his  solicitude, 
plotted  the  overthrow  of  the  or- 
der of  things  introduced  by  him, 
and  marked  the  outset  of  their 
crimes,   on   the   17th    (29th)  of 
November,  by  rebellion,  blood- 
shed, and    criminal  attempts  on 
the   life  of  our  beloved  brother 
and    Grand    Duke    Constantino 
Paulowitsch.     Taking  advantage 
of  the  darkness  of  the  night,  a  fu- 
rious   multitude,    instigated    by 
them,  attacked  the  palace  of  the 
Cesarowitsch,  while,  at  the  same 
time,  by  spreading  in  several  quar- 
ters of  the  city  false  reports  that 
the  Russian  troops  were  massa- 
creing  the  peaceable  citizens,  they 
succeeded  in  gaining  the  people, 
and  filling  the   city  with  all  the 
horrors  of  anarchy.    The  Cesaro- 
witsch  then  resolved  to  take  up  a 
position  in  the  environs  of  War- 


saw, with  the  Russian  troops  he 
had  with  him,  and  the  Polish 
troops  that  remained  faithful  to 
their  duty,  and  not  act  offensively, 
in  order  to  avoid  all  occasion  for 
the  effusion  of  blood,  to  show 
clearly  the  absurdity  and  the  false- 
hood of  the  reports  that  were 
spread,  to  give  the  authorities  of 
the  city  time  and  means,  with  the 
aid  of  the  well-disposed  citizens, 
to  recall  to  their  duty  those  who 
had  been  led  astray,  and  to  keep 
the  evil-minded  in  check,  but  this 
expectation  was  not  fulfilled.  The 
Council  of  Administration  could 
not  succeed  in  restoring  order,  in- 
cessantly menaced  by  the  rebels, 
who  had  formed  illegal  meetings, 
and  who  had  changed  its  compo- 
sition by  removing  the  members 
named  by  us,  and  establishing  oth- 
ers, forced  on  it  by  the  chiefs  of 
the  conspirators.  There  was 
nothing  left  for  it  to  do  but  earn- 
estly to  entreat  the  Cesarowitsch- 
to  send  back  the  Polish  troops 
who  had  left  Warsaw,  v/ith  him. 
in  order  to  preserve  public  and 
privaie  property  from  further  pil- 
lage. Soon  this  council  was  to- 
tally dissolved,  and  the  whole 
power  placed  in  the  hands  of  a 
General.  At  the  same  time  a  re- 
port was  spread  of  a  similar  insur- 
rection in  all  the  provinces  of  the 
kingdom  of  Poland.  The  same 
means  w^here  everywhere  em- 
ployed; seduction,  menaces,  false- 
hoods, the  object  of  which  was 
to  subject  the  peaceable  citizens 
to  the  power  of  some  rebels.  In 
these  serious  and  deplorable  cir- 
cumstances, the  Cesarowitsch 
thought  it  necessary  to  follow  the 
advice  of  the  Council  of  State, 
and  he  permitted  the  small  num- 


PUBLIC  DOCUMENTS. 


[199 


ber  of  Polish  troops  who  had  re- 
mained faithful  to  return  to  War- 
saw, in  order,  if  possible,  to  pro- 
tect persons  and  property.  He 
himself,  with  the  Russian  troops, 
quitted  the  kingdom  of  Poland, 
and,  on  the  1st  (I3th)  of  Decem- 
ber, arrived  at  the  village  of  Wio- 
daw,  in  Volhynia.  In  this  man- 
ner a  crime  whicli  had  long  been 
meditated  was  consummated.  Af- 
ter so  many  calamities,  the  Polish 
nation  was  enjoying  peace  and 
prosperity,  under  the  protection 
of  our  Government ;  again  it  pre- 
cipitates itself  into  an  abyss  of  re- 
volt and  misery,  and  troops  of 
tliese  credulous  men,  though 
struck  with  fear  at  approaching 
chastisement,  dare  to  think  of  vic- 
tory for  some  moments,  and  to 
propose  conditions  to  us,  their  le- 
gitimate master. 

Russians,  you  know  that  we 
reject  them  with  indignation. 
Your  hearts,  burning  with  zeal  for 
the  throne,  comprehends  what 
ours  feels.  At  the  first  news  of 
the  treason,  your  answer  was  a 
new  oath  of  unalterable  fidelity, 
and  at  this  moment  we  see,  in  the 
whole  extent  of  our  vast  empire, 
only  one  impulse,  in  the  hearts  of 
all  only  one  sentiment,  the  desire 
of  sparing  no  effort  for  the  honor 
of  their  Sovereign,  the  inviolabili- 
ty of  the  empire,  and  to  sacrifice 
to  it  their  riches,  prosperity,  and 
even  their  lives.  We  have  con- 
templated, with  emotion,  this  gen- 
erous transport  of  the  love  of  the 
people  to  our  person  and  to  the 
country,  and  we  consider  it  as  a 
sacred  duty  to  answer  to  it  by 
words  of  moderation. 

New  sacrifices,  new  efibrts  will 
not  be  necessary.     God,  the  de- 


fender of  the  legitimate  cause,  is 
with  us,  and  powerful  Russia  is 
able,  in  a  single  battle,  to  reduce 
to  obedience  those  who  have 
dared  to  disturb  the  peace.  Our 
faithful  troops,  who  have  very  re- 
cently distinguished  themselves 
by  numerous  victories,  are  already 
assembHng  on  the  western  fron- 
tier of  the  empire.  We  are 
ready  to  punish  the  treason,  but, 
at  the  same  time,  we  will  distin- 
guish between  the  innocent  and 
the  guilty,  and  pardon  the  weak, 
who,  through  inability  to  resist, 
or  through  fear,  followed  the  tor- 
rent of  rebellion. 

No,  all  the  subjects  of  our  king- 
dom of  Poland,  all  the  inhabitants 
of  Warsaw  have  not  taken  part 
in  the  conspiracy  and  its  deplora- 
ble consequences.  Several  have 
shown  by  dying  gloriously,  that 
they  knew  their  duty ;  others,  as 
we  have  seen  by  the  reports  of 
the  Grand  Duke,  were  obliged  to 
return,  with  tears  of  despair,  to 
the  places  occupied  by  the  rebels : 
they  form,  with  the  victims  of 
fraud  and  seduction,  the  greater 
part  of  the  army  and  of  the  king- 
dom of  Poland.  We  addressed 
them  in  a  proclamation  of  the  5th 
(17th)  of  this  month,  in  which, 
expressing  our  just  displeasure  at 
the  violation  of  faith,  we  gave  or- 
ders to  put  an  end  to  all  usurpa- 
tion of  power,  illicit  armaments, 
and  to  replace  everything  on  its 
former  footing.  By  doing  this, 
they  may  still  repair  the  fault  of 
their  countrymen,  and  save  the 
kingdom  of  Poland  from  the  dis- 
astrous consequences  of  a  crim- 
inal infatuation.  In  pointing  out 
this  as  the  only  means  of  safety, 
we  make  known  to  all  our  faith- 


200] 


ANNUAL  REGISTER,  1830—31. 


ful  subjects  this  effect  of  our  clem- 
ency, they  will  see  in  it  our  reso- 
lution to  maintain  untouched  the 
rights  of  the  throne,  and  to  pro- 
tect the  country,  as  well  as  the 
equally  first  resolution  to  excuse 
those  who  have  been  led  astray. 

Russians,  the  example  of  your 
Emperor  will  serve  you  as  a  guide. 
Justice,  and  not  vengeance,  un- 
shaken firmness  in  the  combat  for 
the  honor  and  welfare  of  the  state, 
without  hatred  for  infatuated  ad- 
versaries ;  love  and  respect  for 
those  subjects  of  our  kingdom  of 
Poland  who  have  remained  faith- 
ful to  the  oath  taken  to  us  ;  a 
prompt  reconciliation  with  all 
those  who  return  to  their  duty. 
You  will  fulfil  our  hopes  as  you 
have  already  done.  Persevere 
in  your  peace  and  tranquillity,  in 
firm  reliance  upon  God,  the  eter- 
nal benefactor  of  Russia,  and  in 
a  monarch  who  knows  the  great- 
ness and  the  sacredness  of  his 
vocation,  and  will  know  how  to 
maintain  unimpaired  the  dignity 
of  his  empire,  and  the  glory  of 
his  Russian  name. 

St  Petersburgh,  12th  (24th) 
December,  in  the  sixth  year  of 
our  reign. 

(Signed)  Nicholas. 

Manifesto  of  the  Polish  Govern- 
ment against  Prussia. 

There  are  extreme  circum- 
stances which  will  not  permit  men 
to  observe  the  conduct  which  oth- 
erwise they  would  willingly  pur- 
sue. 

Can  it  be  a  reproach  to  the 
weak,  that  when  on  the  point  of 
perishing,  they  expose  the  false 


pretences  of  those  who,  under  the 
cloak  of  legal  conduct  would  effec- 
tually ensure  their  destruction,  by 
aiding  their  adversary  ? 

The  Poles  have  a  right  to  say 
that  the  faith  of  nations  is  but  an 
empty  name,  and  that  treaties  and 
conventions  have  been  invented 
only  to  cover  the  crimes  of  the 
powerful  with  the  mask  of  justice. 
The  principle  of  non-intervention, 
for  what  does  it  serve,  but  as  a 
pretext  in  the  selfish  policy  adopt- 
ed by  the  cabinets  of  the  present 
day  ?  How  Austria  has  applied 
it  in  the  disarming  of  Dwernicki's 
corps  is  known  to  Europe,  and 
Europe  remains  silent.  Prussia 
has  violated,  in  a  manner  still  more 
striking,  a  principle  which,  once 
adopted,  ought  to  be  adopted  by 
all,  or  applied  impartially. 

Often  have  we  addressed  to  the 
Cabinets,  the  guarantees  of  our 
rights,  the  most  pressing  represen- 
tations ;  and  all  have  been  deaf 
to  our  voice.  We  cannot  indeed 
demonstrate  by  judicial  process 
the  wrongs  which  we  have  suf- 
fered on  the  Prussian  territory. 
They  are,  however,  sufficiently 
proved  by  the  most  circumstantial 
details ;  of  all  proofs  the  most 
convincing  is  that  furnished  by 
the  present  position  of  the  Rus- 
sian army. 

Prussia,  confident  in  our  weak- 
ness, has  done  well  to  give  eva- 
sive answers  to  all  the  Govern- 
ments who  would  seek  to  main- 
tain, bona  fide,  the  principle  of 
non-intervention.  She  could  not 
better  disguise  her  conduct  from 
incredulous  cabinets,  that  they 
might  be  required  to  see  the 
French  at  Warsaw,  before  they 
would  believe  in  the  concert  sub- 


PUBLIC  DOCUMENTS. 


[201 


sisting  between  the  cabinets  of  St 
Petersburgh  and  Berlin. 

The  National  Government  has 
received  a  report  from  the  Gene- 
ral-in-chief,  announcing  that  the 
army  of  Paskewitsch  is  concen- 
trated on  the  Lower  Vistula,  and 
extended  in  echelon,  on  the  right 
side  of  the  river,  and  resting  upon 
the  Prussian  frontier.  [Here  fol- 
lows a  minute  description  of  the 
then  position  of  the  army,  since 
changed.]  It  results  from  the 
plan  of  operation  adopted  by  Gen- 
eral Paskewitsch,  that  in  case  of 
a  check  more  or  less  severe,  he 
could  with  difficulty  regain  the 
right  bank,  and,  by  consequence, 
must  have  the  certainly  of  a  secure 
retreat  in  Prussia,  into  which  the 
quarantine  will  not  hinder  him 
long  from  penetrating,  and  where 
no  Russian  corps  will  experience 
the  fate  of  General  Dwernicki. 
This  conduct  of  Prussia  destroys 
all  the  advantages  which  we  have 
acquired  by  so  much  devotion, 
and  so  much  blood  spilled  all  over 
the  soil  of  Poland.  It  renders 
useless,  we  are  bold  to  say,  all 
the  miracles  of  our  courage. 

Our  struggle  has  been  an  appeal 
to  God  ;  why  attempt  to  influence 
his  decree,  and  lend  to  the  strong 
more  terrible  arms  for  the  pur- 
pose of  crushing  the  weak  ?  Let 
it  be  known,  that  it  is  not  with 
Russia  only  we  are  engaged  in 
combat.  There  was  a  time  when 
the  spectators  of  a  conflict  would 
have  thought  themselves  guilty  of 
a  crime  if  they  did  not  assist  the 
weaker  party — the  world  calls 
that  time  barbarous.     At  present 


two  powers  are  seen  conspiring 
against  an  unhappy  nation,  and 
the  contest  is  looked  upon  with 
sangfroid.  The  attacked  nation 
has  not  even  arms  to  defend  it- 
self; for  Prussia,  not  content  with 
having  surrounded  our  frontiers 
for  a  long  time  with  a  factitious 
quarantine,  checks  the  transport 
of  everything  necessary  for  our 
defence.  Such  are  the  means 
resorted  to  in  order  to  reduce  us ; 
this  is  the  fair  battle  offered  us  by 
Russia,  assisted  by  the  Prussians. 
Their  Princes  invoke  the  name  of 
God  in  their  proclamations — God 
is  justice  and  equity,  and  invoking 
Him  to  testify  falsehood  is  com- 
mitting perjury.  Who  can  fore- 
see the  future  ?  The  Princes  who 
wish  for  our  destruction,  may, 
perhaps,  hereafter  be  pursued  by 
misfortune,  and  placed  in  situa- 
tions of  difficulty.  Let  them  then 
recollect  their  conduct  in  Poland. 
How  can  we  be  silent  while  we 
experience  such  injustice  ?  Our 
complaints  must  be  published,  that 
they  may  be  a  solemn  manifesto 
against  the  conduct  of  Prussia. 
The  world  must  know^  what  we 
have  complained  of — what  are 
the  difficulties  we  have  to  con- 
quer ;  and  perhaps  then  the  Gov- 
ernments which  are  deaf  to  the 
voice  of  justice  and  humanity, 
will  be  forced  to  admit,  that  a 
people  which  has  had  the  courage 
to  support  itself  single-handed 
against  such  powerful  enemies, 
combined  to  annihilate  it,  is  worthy 
of  a  free  and  independent  exist- 
ence. 


ACTS 

Passed  at  the  Second  Session  of  the  Twentyfirst  Congress  of  the 
United  States. 

N.  B.  The  titles  only  of  private  acts  and  appropriation  bills,  are  given  ;  and  the 
dates  of  approval  refer  back  so  as  to  comprehend  all  the  acts  subsequent  to  the 
next  preceding  dates. 

Andrew  Jackson,  President.  John  C.  Calhoun,  Vice  President  and  President  of 
the  Senate.    Andrew  Stevenson,  Speaker  of  the  House  of  Representatives. 


CHAP.  1.  An  Act  to  change  the  time 
of  holding  the  rule  term  of  the  Cir- 
cuit Court  for  the  District  of  West 
Tennessee. 

CHAP.  2.  An  Act  to  amend  an  act, 
entitled  '  An  Act  to  provide  for 
paying  to  the  State  of  Illinois,  three 
per  centum  of  the  nett  proceeds 
arising  from  the  sale  of  the  Public 
Lands  within  the  same. 

CHAP.  3.  An  Act  making  appropria- 
tions for  carrying  into  effect  certain 
Indian  Treaties. 

CHAP.  4.  An  Act  for  the  benefit  of 
schools  in  Lawrence  county,  Mis- 
sissippi. 

CHAP.  5.     An  Act  for  the   relief  of 
Aaron  Fitzgerald. 
Approved  January  13, 1831. 

CHAP.  ().  An  Act  to  amend  an  act, 
entitled  '  An  Act  to  provide  for 
paying  to  the  States  of  Missouri, 
Mississippi,  and  Alabama,  three  per 
centum  of  the  nett  proceeds  arising 
from  the  sale  of  the  Public  Lands 
within  the  same.' 

CHAP.  7.     An   Act  for   the  relief  of 
Thomas  Fitzgerald. 
Approved  January  19,  1831. 

CHAP.  8.  An  Act  for  closing  certain 
accounts,  and  making  Appropria- 
tions for  arrearages  in  the  Indian 
Department. 

CHAP.  9.  An  Act  making  Appropria- 
tions for  the  payment  of  Revolu- 
tionary and  Invalid  Pensioners. 

CHAP.  10.  An  Act  to  alter  the  times 
of  holding  the  District  Courts  of 
the  United  States  for  the  Districts 


of  Maine  and  Illinois,  and  Northern 
District  of  Alabama. 

CHAP.  11.  An  Act  to  extend  the  time 
for  entering  certain  donation  claims 
to  land  in  the  Territory  of  Arkan- 
sas. 

CHAP.  12.  An  Act  further  supple- 
mental to  the  act,  entitled  '  An  Act 
making  further  provision  for  set- 
tling the  claims  to  Land,  in  the 
Territory  of  Missouri,'  passed  the 
thirteenth  day  of  June,  one  thous- 
and eight  hundred  and  twelve. 

CHAP.  13.     An  Act  for  the  relief  of 
the  legal  representatives  of  Edward 
Moore,  deceased. 
Approved  January  27, 1831. 

CHAP.  14.  An  Act  making  provision 
for  the  compensation  of  witnesses, 
and  payment  of  other  expenses  at- 
tending the  trial  of  the  impeach- 
ment of  James  H,  Peck. 

CHAP.  15.  A  T>  Act  to  authorise  the  con- 
struction of  three  Schooners  for  the 
JNaval  Service  of  the  United  States. 

CHAP.  16.  An  Act  to  amend  the  sev- 
eral acts  respecting  Copyrights. 

Sect.  1.  Be  it  enacted  by  the  Senate 
and  House  of  Representatives  of  the  Unit- 
ed States  of  America^  in  Congress  as- 
srmhfed,  That  from  and  after  the  pass- 
ing of  this  act,  any  person  or  persons, 
being  a  citizen  or  citizens  of  the  United 
States,  or  resident  therein,  who  shall  be 
the  author  or  authors  of  any  book  or 
books,  map,  chart,  or  musical  composi- 
tion, which  may  now  be  made  or  com- 
posed, and  not  printed  and  published,  or 
shall  hereafter  be  made  or  composed,  or 
who  shall  invent,  design,  etch,  engrave, 


204] 


ANNUAL  REGISTER,  1830—31. 


work,  or  cause  to  be -engraved,  etched, 
or  worked  from  his  own  design,  any 
print  or  engraving,  and  the  executors, 
administrators,  or  legal  assigns  of  such 
person  or  persons,  shall  have  the  sole 
right  and  liberty  of  printing,  reprinting, 
publishing,  and  vending  such  book  or 
books,  map,  chart,  musical  composition, 
print,  cut,  or  engraving,  in  whole  or  in 
part,  for  the  term  of  tvventyeight  years 
from  the  term  of  recording  the  title 
thereof,  in  the  manner  hereinafter  di- 
rected. 

Sect.  2.  And  he  it  further  enacted, 
That  if,  at  the  expiration  of  the  afore- 
said term  of  years,  such  author,  inven- 
tor, designer,  engraver,  or  any  of  them, 
where  the  v/ork  had  been  originally 
composed  and  made  by  more  than  one 
person,  be  still  living,  and  a  citizen  or 
citizens  of  tlie  United  States,  or  resident 
therein,  or  being  dead,  shall  have  left  a 
widow,  or  child,  or  children,  either  or 
all  then  living,  the  same  exclusive  right 
shall  be  continued  to  such  author,  de- 
signer, or  engraver,  or,  if  dead,  then  to 
such  widow  and  child,  or  children,  for 
the  further  term  of  fourteen  years : 
Provided,  That  the  title  of  the  vvorlc  so 
secured  shall  be  a  second  time  recorded, 
and  all  such  other  regulations  as  are 
herein  required  in  reirard  to  original 
Copyrights,  be  complied  v/illiin  respect 
to  such  renewed  Copyright,  and  that 
within  six  months  before  the  expiration 
of  the  first  term. 

Sect.  3.  And  he  it  further  enacted, 
That  in  all  cases  of  renewal  of  Co[»3'- 
right  under  this  act,  such  author  or  pro- 
prietor shall,  within  two  months  from 
the  dale  of  said  renewal,  cause  a  copy 
of  the  record  tliereof  to  be  published  i)i 
one  or  more  of  the  newspapers  printed 
in  the  United  States,  for  the  space  of 
four  weeks. 

Sect.  4.  And  be  it  further  enacted, 
That  no  person  shall  be  entitled  to  the 
benefit  of  this  act,  unless  he  shall,  be- 
fore publication,  deposit  a  printed  copy 
of  the  title  of  such  book,  or  books,  map, 
chart,  musical  composition,  print,  cut, 
or  engraving,  in  the  Clerk's  oince  of  the 
District  Court  of  the  district  wherein 
the  author  or  proprietor  shall  reside, and 
the  Clerk  of  such  Court  is  hereby  direct- 
ed and  required  to  record  the  same 
thereof  forthwith,  in  a  book  to  be  kept 
for  that  purpose,  in  tjie  words  following 
[giving  a  copy  of  the  title,  under  the 
seal  of  the  Court,  to  the  said  author  or 
proprietor,  whenever  ha  shall  lequira 
the  same  :]  '  District  of  to  v;it : 

Be  it  remembered,  that  on  the 
day  of  Anno  doiTiini,  A. 

,  B.  of  the  said  District,  hath  deposited  ia 


this  office  the  title  of  a  book,  [map^ 
chart,  or  otherwise,  as  the  case  may  be,] 
the  title  of  which  is  in  the  words  follow- 
ing, to  wit :  [here  insert  the  title  ;]  the 
right  whereof  he  claims  as  author  [or 
proprietor  as  the  case  may  be  ;]  in  con- 
formity with  an  act  of  Congress,  entitled 
*  An  Act  to  amend  the  several  acts  re- 
specting Copyrights.'  C.  D,  Clerk  of 
the  District."  J^r  which  record,  the 
Clerk  shall  be  entitled  to  receive,  from 
the  person  claiming  such  right  as  afore- 
said, fifty  cents  ;  and  the  like  sum  for 
every  copy,  under  seal,  actually  given 
to  such  person  or  his  assigns.  And  the 
author  or  proprietor  of  any  such  book, 
map,  chart,  musical  composition,  print, 
cut,  or  engraving,  shall,  within  three 
months  from  the  publication  of  said 
book,  map,  chart,  musical  composition, 
print,  cut,  or  engraving,  deliver  or  cause 
to  be  delivered  a  copy  of  the  same  to 
the  Clerk  of  said  district.  And  it  shall 
be  the  duty  of  the  Clerk  of  each  District 
Court,  at  least  once  in  every  year,  to 
transmit  a  certified  list  of  all  such  re- 
cords of  Copyright,  including  the  titles 
so  recorded,  and  the  dates  of  record,  and 
also  all  the  several  copies  of  books  or 
other  works  deposited  in  his  office  ac- 
cording to  this  act,  to  the  Secretary  of 
State,  to  be  preserved  in  his  office. 

Sect.  5.  And  he  it  further  enacted, 
That  no  person  shall  be  entitled  to  the 
benefit  of  this  act,  unless  he  shall  give 
information  of  Copyright  being  secured, 
by  causing  to  be  inserted,  in  the  several 
copies  of  each  and  every  edition  pub- 
lished during  the  term  secured  on  the 
title  page,  or  the  page  immediately  iol- 
lowing,  if  it  be  a  book,  or,  if  a  map, 
chart,  musical  composition,  print,  cul, 
or  engraving,  by  causing  to  be  impress- 
ed on  the  face  thereof,  or  if  a  volume  of 
maps,  charts,  music,  or  engravings,  upon 
the  title  or  frontispiece  thereof,  the  fol- 
lowing words,  viz  ;  *  Entered  according 
to  act  of  Congress,  in  the  year 
by  A.  B.,  in  the  Clerk's  ofiice  of  tlie  Dis- 
trict Court  of        '  [as  the  case  may  be.] 

Sect.  6.  And  he  it  farther  enacted, 
That  if  any  other  person  or  persons,  from 
and  after  the  recording  the  title  of  any 
book  or  books,  according  to  this  act,  shall, 
within  the  terra  or  terms  herein  limited, 
print,  publish,  or  import,  or  cause  to  be 
printed,  published,  or  imported,  any 
copy  of  such  book,  or  bocks,  without  the 
consent  of  the  person  le<rally  entitled  to 
the  Copyright  thereof,  first  had  and  ob- 
tained in  writing,  signed  in  presence  of 
two  or  more  credible  witnesses,  or  shall, 
knowing  the  same  to  be  so  printed  or 
imported,  publish,  sell,  or  expose  to  sale, 
or  cause  to  be  published,  sold,  or  expos^ed 


ACTS  OF  TWENTYFIRST  CONGRESS.— 2d  Session.     [-205 


to  sale,  any  copy  of  such  book  without 
sucli  consent  in  wiiting;  then  such  of- 
fender shall  forfeit  every  copy  of  sucli 
booiv  to  the  person  legally,  at  the  time, 
entitled  to  tho  Copyright  thereof;  and 
shall  also  forfeit  and  pay  fifty  cents  for 
every  such  sheet  which  may  be  found 
in  his  possession,  either  printed  or  print- 
ing, published,  imported,  or  exposed  to 
sale,  contrary  to  the  intent  of  this  act, 
the  one  moiety  thereof  to  such  legal 
owner  of  the  Copyright  as  aforesaid,  and 
the  otier  to  the  use  of  the  United  States, 
to  be  recovered  by  action  of  debt  in  any 
court  having  competent  jurisdiction 
thereof. 

Sect.  7,  And,  he  it  further  enacted. 
That,  if  any  person  or  persons,  after  the 
recording  the  title  of  any  print,  cut,  or 
engraving,  map,  chart,  or  musical  com- 
position, according  to  the  provisions  of 
this  act,  shall,  within  the  term  or  terms 
limited  by  this  act,  engrave,  etch,  or 
work,  sell,  or  copy,  or  cause  to  be  en- 
graved, etched,  worked,  or  sold,  or 
copied,  either  on  the  whole,  or  by  vary- 
ing, adding  to,  or  diminishing  tho  main 
design,  with  intent  to  evade  the  lav/,  or 
shall  print  or  import  fur  sale,  or  cause 
to  be  printed  or  imported  for  sale,  any 
such  map,  chart,  musical  composition, 
print,  cut,  or  engraving,  or  any  parts 
thereof,  without  tho  consent  of  the  pro- 
prietor or  proprietors  of  the  Copyright 
thereof,  first  obtained  in  writing,  signed 
in  the  presence  of  two  credible  witness- 
es ;  or,  knowing  the  same  to  be  so 
printed  or  imported  without  such  con- 
sent, shall  publish,  sell  or  expose  to  sale, 
or  in  any  manner  dispose  of  any  such 
map,  chart,  musical  composition,  en- 
graving, cut,  or  print,  without  such  con- 
sent, as  aforesaid  ;  then  such  olfender 
or  offenders  shall  forfeit  the  plate  or 
plates  on  v/hich  such  map,  chart,  musi- 
cal composition,  engraving,  cut,  or  print, 
shall  be  copied,  and  also  all  and  every 
sheet  thereof  so  copied  or  printed,  as 
aforesaid,  to  the  proprietor  or  proprietors 
of  the  Copyright  thereof;  and  shall  fur- 
ther forfeit  one  dollar  for  every  sheet  of 
such  map,  chart,  musical  composition, 
print,  cut,  or  engraving,  which  may  bo 
found  in  his  or  their  possession,  printed 
or  published,  or  exposed  to  sale,  contrary 
to  the  true  intent  and  meaning  of  thia 
act ;  the  oue  moiety  thereof  to  the  pro- 
prietor or  proprietors,  and  the  other 
moiety  to  the  use  of  the  United  Stales, 
to  be  recovered  in  any  court  having 
competent  jurisdiction  thereof. 

Sect.  8.  And  he  it  further  enacted. 
That  notliing  in  this  act  shall  be  con- 
strued to  extend  to  prohibit  the  iinpor- 
tation  or  vending,  printing,  or  publish- 

18 


ing,  of  any  map,,  chart,  book,  musical 
composition,  print  or  engraving,  written, 
composed,  or  made,  by  any  person  not 
being  a  citizen  of  the  United  States,  nor 
resident  within  the  jurisdiction  thereof. 

Sect.  9.  And  he  it  farther  enactedy 
That  any  person  or  persons,  who  shall 
print  or  publish  any  manuscript  what- 
ever without  the  consent  of  the  author 
or  legal  proprietor  first  obtained  as  afore- 
said, (if  such  author  or  proprietor  be  a 
citizen  of  the  United  States,  or  resident 
therein.)  shall  be  liable  to  suffer  and  pay 
to  the  author  or  proprietor,  all  damages 
occasioned  by  snch  injury,  to  be  recov- 
ered by  a  special  action  on  the  case 
founded  upon  this  act,  in  any  court  hav- 
ing cognizance  thereof:  and  the  several 
courts  of  the  United  States  empowered 
to  grant  injunctions  to  prevent  the  vio- 
lation of  the  rights  of  authors  and  inven- 
tors, are  hereby  empowered  to  grant  in- 
juctions,  in  like  manner,  according  to 
the  principles  of  equity,  to  restrain  such 
publication  of  any  manuscript  as  afore- 
said. 

Sect.  10.  And  he  it  further  enacted. 
That,  if  any  person  or  persons  shall  bo 
sued  or  prosecuted,  for  any  matter,  act, 
or  thing  done  under  or  by  virtue  of  this 
act,  he  or  they  may  plead  the  general 
issue,  and  give  the  special  matter  in 
evidence. 

Sect.  11.  And  he  it  further  enacted, 
That,  if  any  person  or  persons,  from  antl 
afler  the  passing  of  this  act,  shall  print 
or  publisli  any  book,  map,  chart,  musical 
composition,  print,  cut,  or  engraving, 
not  having  legally  acv'^uired  the  Copy- 
right thereof,  and  shall  insert  or  impress 
that  the  same  hath  been  entered  afccord- 
ing  to  act  of  Congress,  or  words  pur- 
porting the  same,  every  person  so  offend- 
ing shall  forfeit  and  pay  one  hundred 
dollars  ;  one  moiety  thereof  to  the  per- 
son who  shall  sue  for  tlio  same,  and  tho 
other  to  the  use  of  tlie  United  States,  to 
be  recovered  by  action  of  debt,  in  any 
court  of  record  having  cognizance  there- 
of. 

Sect.  19.  And  he  it  further  enacted. 
That,  in  all  recoveries  under  this  act, 
either  for  damages,  forfeitures,  or  penal- 
ties, full  costs  shall  be  allowed  thereon, 
anything  in  any  former  act  to  the  con- 
trary notwithstanding. 

Sect.  13.  And  he  it  furtlicr  enacted. 
That  no  action  or  prosecution  shall  be 
maintained,  in  any  case  of  forfeiture  or 
penalty  under  this  act,  unless  the  same 
shall  liave  been  commenced  within  tw!> 
years  atler  the  cause  of  action  shall  hava 
arisen. 

Sect.  14.  And  be  it  further  enact cd. 
That  the  *  .\ct  for  the  encouragement  of 


206] 


ANNUAL  REGISTER,  1830—31. 


learning,  by  securing  the  copies  of  maps, 
charts,  and  books,  to  the  authors  and  pro- 
prietors of  such  copies  during  the  times 
therein  mentioned,'  passed  May  thirty- 
first,  one  thousand  seven  hundred  and 
ninety,  and  the  act  supplementary  there- 
to, passed  April  twentyninth,  one  thou- 
sand eight  hundred  and  two,  shall  be, 
and  the  same  are  hereby,  repealed : 
saving,  always,  such  rights  as  may  have 
been  obtained  in  conformity  to  their  pro- 
visions. 

Sect.  15.  And  he  it  further  enacted. 
That  all  and  several  the  provisions  of 
this  act,  intended  for  the  protection  and 
security  of  Copyrights,  and  providing 
remedies,  penalties,  and  forfeitures  in 
case  of  violation  thereof,  shall  be  held 
and  construed  to  extend  to  the  benefit 
of  the  legal  proprietor  or  proprietors  of 
each  and  every  Copyright  heretofore  ob- 
tained, according  to  law,  during  the  term 
thereof,  in  the  same  manner  as  if  such 
/  Copyright  had  been  enteied  and  secured 
according  to  the  directions  of  this  act. 

Sect.  16.  And  be  it  further  enacted, 
That,  whenever  a  Copyright  has  been 
heretofore  obtained  by  an  author  or  au- 
thors, inventor,  designer,  or  engraver, 
of  any  book,  map,  chart,  print,  cut  or 
•engraving,  or  by  a  proprietor  of  the 
same  :  if  such  author  or  authors,  or 
either  of  tirem,  such  inventor,  designer, 
or  engraver,  be  living  at  the  passage  of 
4;his  act,  then  such  author  or  authors,  or 
the  survivor  of  them,  such  inventor,  en- 
graver, or  designer,  shall  continue  to 
have  the  same  exclusive  right  to  his 
book,  chart,  map,  print,  cut,  or  engrav- 
ing, with  the  benefit  of  each  and  all  the 
provisions  of  this  act,  for  the  security 
thereof,  for  such  additiono,l  period  of 
time  as  will,  together  with  the  time 
which  shall  have  elapsed  from  the  first 
«ntry  of  such  Copyright,  make  up  the 
term  of  twentyeight  years,  with  the 
same  right  to  his  widow,  child,  or  chil- 
dren, to  renev/  the  Copyright,  at  the  ex- 
piration thereof,  as  is  above  provided  in 
relation  to  Copyrights  originally  secured 
under  this  act.  And  if  such  author  or 
authors,  inventor,  designer,  or  engraver, 
shall  not  be  living  at  the  passage  of  this 
act,  then,  his  or  their  heirs,  executors 
and  administrators,  shall  be  entitled  to 
the  like  exclusive  enjoyment  of  said 
Copyright,  with  the  benefit  of  each  and 
all  the  provisions  of  this  act  for  the  se- 
curity thereof,  for  the  period  of  twenty- 
eight  years  from  the  first  entry  of  said 
Copyright,  with  the  like  privilege  of  re- 
newal to  the  widow,  child,  or  children, 
of  author  or  authors,  designer,  inventor, 
or  engraver,  as  is  provided  in  relation  to 
Copyrights  originally  secured  under  this 


act :  Provided,  That  this  act  shall  not 
extend  to  any  Copyright  heretofore  se- 
cured, the  terra  of  which  has  already 
expired. 

CHAP.  17.  An  Act  to  amend  the  act 
for  taking  the  Fifth  Census. 

Sect.  1.  Be  it  enacted  by  the  Sen- 
ate and  House  of  Representatives  of  the 
United  States  of  America  in  Congress 
assembled,  That  it  shall  and  may  be 
lawful  for  such  of  the  assistants  to  the 
Marshals  in  the  respective  States  and 
Territories,  who  have  not,  before  the 
passage  of  this  act,  made  their  respective 
returns  to  such  Marshals,  under  the  act 
hereby  amended,  to  complete  their  enu- 
merations and  make  their  returns  under 
the  said  act,  at  any  time  before  the  first 
day  of  June,  and  for  the  Marshals  of 
such  States  and  Territories  to  make  their 
returns  to  the  Secretary  of  State  at  any 
time  before  the  first  day  of  August,  one 
thousand  eight  hundred  and  thirtyone  : 
Provided,  That  nothing  herein  contained 
shall  be  deemed  to  release  such  Marshals 
and  assistants  from  the  penalties  con- 
tained in  the  act  aforesaid,  unless  their 
returns  shall  be  made  within  the  time 
prescribed  in  this  act :  And  provided 
further.  That  no  persons  be  included 
in  the  returns  made  under  the  present 
act,  unless  such  persons  shall  have  been 
inhabitants  of  the  districts  for  which 
such  returns  shall  be  made,  on  the  first 
day  of  June,  one  thousand  eight  hundred 
and  thirty. 

Sect.  2.  And  be  it  further  enacted. 
That  the  copies  of  returns  and  aggregate 
amounts  directed  to  be  filed  by  the  Mar- 
shals with  the  Clerks  of  the  several  Dis- 
trict Courts,  and  Supreme  Courts  of  the 
Territories  of  the  United  States,  shall 
be  preserved  by  said  Clerks,  and  remain 
in  their  offices  respectively ;  and  so 
much  of  the  act  to  which  this  is  an 
amendment  as  requires  that  they  shall 
be  transmitted  by  said  Clerks  to  the 
Department  of  State,  is  hereby  repealed. 

Sect.  3.  And  be  it  further  enacted^ 
That  it  shall  be  the  duty  of  the  Secre- 
tary of  State  to  note  all  the  clerical 
errors  in  the  returns  of  the  Marshals  and 
Assistants,  whether  in  the  additions, 
classification  of  inhabitants,  or  other- 
wise, and  cause  said  notes  to  be  printed 
with  the  aggregate  returns  of  the  Mar- 
shals, for  the  use  of  Congress. 

CHAP.  18.     An  Act,  for  the  relief  of 
Matthias  Roll  and  William  Jackson. 
Approved  February  3,  1831. 

CHAP.  19.  An  Act  to  amend  the  act 
entitled  '  An  act  to  quiet  the  titles 
of  certain  purchasers  of  Lands  be- 


ACTS  OF  TWENTYFIRST  CONGRESS.— 2d  Session.    [207 


tween  the  lines  of  Ludlow  and 
Roberts,  in  the  State  of  Ohio,'  ap- 
proved the  twentysixth  of  May ,  in 
the  year  eighteen  hundred  and 
thirty. 

CHAP.  20.  An  Act  to  repeal  the 
charges  imposed  on  Passports  and 
Clearances. 
Sect.  1.  Be  it  enacted  by  the  Sen- 
ate and  House  of  Representatives  of  the 
United  States  of  America  in  Congress 
assembled,  That,  so  much  of  the  act  of 
the  first  of  June,  one  thousand  seven 
hundred  and  ninetysix,  entitled  *  An 
act  providing  passports  for  the  ships  and 
vessels  of  the  United  States,'  as  imposes 
a  charge  often  dollars  for  passports,  and 
of  four  dollars  for  a  clearance,  to  any 
ship  or  vessel  bound  on  a  voyage  to  any 
foreign  country,  be,  and  the  same  is 
hereby  repealed,  to  take  effect  from  and 
after  the  thirtyfirst  day  of  March  of  the 
present  year. 

CHAP.  21.  An  Act  authorising  the 
Secretary  of  State  to  issue  a  patent 
to  John  Powell. 

CHAP.  22.  An  Act  authorising  the 
sale  of  a  tract  of  Land  therein 
named. 

CHAP.  23.  An  Act  to  amend  the  act 
granting  '  certain  relinquished  and 
unappropriated  lands  to  the  State  of 
Alabama,  for  the  purpose  of  im- 
proving the  Navigation  of  the  Ten- 
nessee, Coosa,  Cahawba,and  Black- 
warrior  rivers,'  approved  the  twen- 
ty third  day  of  May,  one  thousand 
eight  hundred  and  twentyeight. 

CHAP.  24.  An  Act  to  authorise  the 
transportation  of  Merchandise  by 
land  or  by  water,  with  the  benefit 
of  debenture. 
Sect.  1.  Be  it  enacted  by  the  Senate 
and  House  of  Representatives  of  the  Unit- 
ed States  of  America  in  Congress  assemb- 
led, That  from  and  after  the  passage  of 
this  act,  all  goods,  wares,  or  merchandise 
imported  into  the  United  States,  the 
duties  on  which  have  been  paid,  or  se- 
cured to  be  paid,  may  be  transported  by 
land,  or  partly  by  land,  and  partly  by 
water,  from  the  district  into  which  they 
were  imported  to  two  other  districts,  and 
exported  from  either  of  them  with  the 
benefit  of  drawback  :  Provided,  That  all 
regulations  and  formalities  now  in  force, 
relating  to  the  transportation  of  goods, 
wares,  or  merchandise,  by  land  or  by 
water,  from  the  district  into  which  they 
were  imported  to   another  district,  for 


the  benefit  of  drawback,  and  such  other 
regulations  as  are  prescribed  under  and 
by  virtue  of  the  act  to  v/hich  this  is  an 
addition,  for  the  further  transportation 
of  such  goods,  wares,  or  merchandise,  to 
other  districts,  shall  be  complied  vith  : 
J7id  provided  also,  That  all  the  regula  - 
tions  and  formalities  now  in  force,  re- 
specting the  exportation  of  goods,  wares, 
and  merchandise,  tor  the  benefit  of  draw- 
back, shall  be  complied  with,  so  far  as 
may  be  consistent  with  the  other  provis- 
ions of  the  act  to  which  this  is  an  addi- 
tion ;  and  the  Secretary  of  the  Treasury 
shall  be  and  he  is  hereby,  authorised  to 
prescribe  the  form  of  the  certificate  to 
be  used,  and  the  oatlis  to  be  taken,  on 
the  transportation  of  such  goods,  wares 
or  merchandise,  from  the  second  district 
into  which  they  may  be  so  brought,  to 
the  third  district. 

CHAP.  25.    An  Act  for  the  rehef  of 
William    Smith,   administrator    of 
John  Taylor,  deceased. 
Approved,  February  12,  1831. 

CHAP.  2G.  An  Act  to  provide  hereaf- 
ter for  the  payment  of  six  thousand 
dollars  annually  to  the  Seneca  In- 
dians, and  for  other  purposes. 

CHAP.  27.  An  Act  to  establish  a  Land 
Office  in  the  Territory  of  Michigan, 
and  for  other  purposes. 

Sect.  1.  Be  it  enacted  by  the  Senate 
and  House  of  Representatives  of  the  Unit- 
ed States  of  America  in  Congress  assemb- 
led. That  all  the  public  lands  to  which 
the  Indian  title  has  been  extinguished, 
lying  west  of  the  meridian  line,  in  the 
Territory  of  Michigan,  shall  constitute 
a  new  land  district ;  and,  for  the  sale  of 
the  public  lands  within  the  said  district, 
there  shall  be  a  Land  Office  established 
at  such  place  within  the  district,  as  the 
President  of  the  United  States  may  des- 
ignate, who  is  hfereby  authorised  to 
change  the  location  of  such  office,  when- 
ever, in  his  opinion,  the  public  interest 
may  require  it. 

Sect.  2.  And  be  it  further  enacted,. 
That  the  Land  Office  now  established  at 
Monroe,  shall  be  removed  to  the  place 
designated  for  the  location  of  this  office, 
and  the  Register  and  Receiver  of  the 
Monroe  Land  Office,  sliall  superintend 
the  sales  of  public  lands  within  said  dis- 
trict, who  shall  give  security  in  the  same 
manner,  in  the  same  sums,  and  whose 
compensation,  emoluments,  duties,  and 
authorities,  shall,  in  every  respect,  be 
the  same,  in  relation  to  the  lands  which 
shall  be  disposed  of  at  their  office,  as  are 


208] 


ANNUAL  REGISTER,  1830—31. 


or  may  be  by  law  provided,  in  relalion 
to  the  R,egisters  and  Receivers  of  pub- 
lic moneys  in  the  several  offices  estab- 
lished for  the  sale  of  public  lands. 

Skct.  3.  And  he  it  further  enacted. 
That  all  the  public  lands  lying  east  of 
the  meridian  line  in  the  territory  afore- 
said, which  are  not  now  embraced  in  the 
district  of  Detroit,  be,  and  they  are 
hereby,  attached  thereto  ;  and  it  shall 
be  the  duty  of  the  Register  and  Receiv- 
er of  the  Land  Office  in  said  district,  to 
deposit  in  the  Land  Office  at  Detroit,  all 
the  records,  books  and  papers,  surveys, 
&c.  which  pertain  to  said  Land  Office 
at  Monroe,  which  shall  be  kept  by  the 
Register  and  Receiver  of  the  Land  Office 
at  Detroit,  as  a  part  of  the  records  of 
said  office. 

Sect.  4.  And  he  it  further  enacted, 
That  all  such  public  lands  as  shall  have 
been  offered  for  sale  to  the  highest  bid- 
der at  Monroe  or  Detroit,  pursuant  to 
any  proclamation  of  the  President  of  the 
United  States,  aftd  which  are  embraced 
■within  the  provisions  of  this  act,  and 
"which  lands  remain  unsold  at  the  taking 
effect  of  this  act,  shall  be  subject  to  be 
entered  and  sold  at  private  sale,  by  the 
Registers  of  the  Land  Offices  to  which 
they  are  hereby  attached ;  and  all  pro- 
visions of  law  applicable  to  the  public 
lands,  to  which  this  act  applies,  shall 
continue  in  full  force  and  effect. 

Sect.  5.  And  be  it  further  enacted, 
That  so  much  of  the  State  of  Illinois  as 
lies  between  the  Illinois  and  Mississippi 
rivers,  bounded  on  the  south  by  the  base 
line,  on  the  north  by  the  northern  boun- 
dary of  that  State,  and  on  the  extreme 
east  by  the  third  principal  meridian,  be 
formed  into  a  separate  land  district,  the 
offices  for  v^rhich  to  be  located  where  it 
will  best  accommodate  purchasers  and 
others,  by  the  President ;  and  a  Regis- 
ter and  Receiver  shall  be  appointed  at 
such  time  as  the  President  of  the  Unit- 
ed States  shall  deem  proper. 

Sect.  C.  A7id  he  it  ftirthcr  enacted, 
That  another  district  be  also  formed  in 
that  State,  on  the  north  of  the  dividing 
line  between  townships  sixteen  and  sev- 
enteen north  of  the  base  line,  and  east 
of  the  third  principal  meridian,  includ- 
ing all  that  part  of  the  State  to  its  north- 
ern boundary,  the  offices  for  which,  to 
be  located  by  the  President,  where  the 
public  interest  and  the  convenience  of 
purchasers  may  require  ;  and  a  Register 
and  Receiver  shall  be  appointed  at  such 
time  es  the  President  of  the  United 
States  shall  deem  proper. 

Sect.  7.  And  be  it  further  enacted, 
That  the  Registers  and  Receivers  shall 
reside,  respectively,  at  the  places  where 


the  Land  Offices  are  located,  give  seca- 
rity  in  the  same  manner,  in  the  sara<s? 
suras,  and  whose  compensation,  emolu- 
ments, and  duties,  and  authority,  in  ev- 
ery respect,  be  the  same,  in  relation  to 
the  lands  which  shall  be  disposed  of  at 
their  offices,  as  may  be  by  law  provided 
in  relation  to  the  Registers  and  Receiv- 
ers of  public  moneys,  in  the  several  offi- 
ces established  for  the  disposal  of  the 
lands  of  the  United  Slates,  northwest  of 
the  liver  Ohio. 

Sect.  8.  And  be  it  further  enacted , 
That  the  said  lands  shall  be  disposed  of 
in  the  same  manner,  and  on  the  same 
terms  and  conditions,  as  are  or  may  be 
provided  by  law,  for  the  sale  of  other 
lands  of  tlie  United  States :  Provided, 
That  no  tracts  of  land  excepted  from 
sales  by  virtue  of  any  former  acts,  shall 
be  sold  by  virtue  of  this  act. 

Sect.  9.  And  be  it  further  enacted^ 
That  all  the  lands  to  which  the  Indian 
title  is  extinguished,  lying  in  that  part 
of  the  State  of  Indiana  which  is  east  of 
Lake  Michigan,  bordering  upon  the 
northern  line  of  said  State,  and  not  at- 
tached to  any  land  district,  shall  be,  and 
the  same  are  hereby,  attached  to  the 
Fort  Wayne  District. 

CHAP.  28.     An  Act  respecting  the  JTi- 
risdiction  of  certain  District  Courts. 

Sect.  1.  Be  it  enacted  by  the  Senate 
and  Hfiuse  of  Representatives  of  the 
United  States  of  America  in  Congress 
assembled,  That  the  District  Courts  of 
the  United  States  for  the  noithern  dis- 
trict of  New  York,  the  western  district 
of  Pennsylvania,  the  district  of  Indiana, 
the  district  of  Illinois,  the  district  of 
Missouri,  the  district  of  Mississippi,  the 
western  district  of  Louisiana,  the  east- 
era  district  of  Louisiana,  the  northern 
district  of  Alabama,  and  the  southern 
district  of  Alabama,  in  addition  to  the 
ordinary  jurisdiction  and  powers  of  a 
District  Court,  shall  within  the  limits  of 
their  respective  districts,  have  jurisdic- 
tion of  all  causes,  except  appeals  and 
writs  of  error,  which  nov/  are,  or  here- 
after may  by  law  be  made,  cognizable 
in  a  Circuit  Court,  and  shall  proceed 
tlierein  in  the  same  manner  as  a  Circuit 
Court. 

CHAP.  29.     An   Act  for  the  relief  of 
William  Burris,  of  Mississippi. 

CHAP.  30.  An  Act  to  alter  and  amend 
'  An  act  to  set  apart  and  dispose  of 
certain  Public  Lands,  for  the  en-^ 
couragement  of  the  cultivation  of 
the  vine  and  olive. 
Sect.  1.     Be  it  enacted  btj  the  Scn^ 


ACTS  OF  TWENTYFIRST  CONGRESS— 2d  Session.    [209 


ate  and  House  of  Representatives  of  the 
United  States  of  America  in  Congress 
assembled,  That  all  persons  entitled  to 
lands,  under  a  contract  entered  into  on 
the  eighth  of  January,  eighteen  hun- 
dred and  nineteen,  by  the  Secretary  of 
the  Treasury  on  the  part  of  the  United 
States,  and  Charles  Villar,  Agent  of  the 
Tombecbee  Association,  in  pursuance 
of  '  An  act  to  set  apart  and  dispose  of 
certain  public  lands  for  the  encourage- 
ment of  the  cultivation  of  the  vine  and 
oUve,'  approved  on  the  third  of  March, 
eighteen  hundred  and  seventeen,  their 
heirs,  devisees  or  assigns,  who  appear 
by  the  report  of  V/iliiam  L.  Adams, 
special  agent  of  the  Treasury,  appointed 


CHAP.  33.  An  Act  to  authorise  the 
Secretary  of  the  Navy  to  make  com- 
pensation to  the  heirs  of  Taliaferro 
Livingston  and  Francis  W.  Arm- 
strong for  the  maintenance  of  fifteen 
Africans  illegally  imported  into  the 
United  States. 

CPIAP.  34.  An  Act  supplemental  to 
an  act,  passed  on  the  thirtyfirst 
March  one  thousand  eight  hundred 
and  thirty,  entitled  *  An  act  for  the 
relief  of  purchasers  of  public  lands, 
and  for  the  suppression  of  fraudu- 
lent practices  at  the  public  sales  of 
lands  of  the  United  States.' 
Sect.  1.     Be  it  enacted  by  the  Sen- 


in  compliance  with  a  resolution  of  the     ote  and  House  of  Representatives  of  the 


Senate,  passed  the  twentieth  of  May, 
eighteen  hundred  and  twentysix,  to 
have  complied  with  the  conditions  of 
settlement  and  cultivation,  as  stipulated 
for  in  said  contract,  or  who  shall  here- 
after make  it  appear  to  the  satisfaction 
of  the  Secretary  of  the  Treasury,  that 
they  have  so  complied,  shall  on  paying 
into  the  Treasury  one  dollar  and  twen- 
tyfive  cents  the  acre,  previous  to  the 
third  of  March,  eighteen  hundred  and 
thirtythree,  receive  a  patent  for  the 
same. 

Sect.  2.  And  be  it  further  enacted, 
That  all  persons  who  became  entitled  to 
an  allotment  of  land  under  said  contract 
their  heirs,  devisees  or  assigns,  who 
have  failed  to  comply  with  the  condi- 
tions of  settlement  and  cultivation  with- 
in the  period  required  thereby,  who  at 
the  time  of  the  passage  of  this  act  shall 
be  in  the  actual  occupancy  and  culti- 
vation of  the  same,  shall,  on  paying  in- 
to the  Treasury  one  dollar  and  twenty- 
five  cents  the  acre,  previous  to  the  third 
of  March,  eighteen  hundred  and  thirty- 
three,  receive  a  patent  for  the  same. 

Sect.  3.  And  be  it  further  enacted, 
That  the  widow  and  children  of  any  per- 
son who  became  entitled  to  an  allot- 
ment of  land  under  said  contract,  and 


United  States  of  America  in  Congress 
assembled,  That  ail  purchasers,  their 
heirs  or  assignees,  of  such  of  the  public 
lands  as  were  sold  on  a  credit  for  a  less 
price  than  fourteen  dollars  per  acre,  and 
on  which  a  further  credit  has  been  taken 
under  any  of  the  laws  passed  for  the  re- 
lief of  purchasers  of  public  lands,  and 
which  lands  have  reverted  to  the  United 
States  on  account  of  the  balance  due 
thereon  not  having  been  paicl  or  dis- 
charged, agreeably  to  said  relief  laws, 
shall  be  entitled  to  patents,  without  fur- 
ther payment,  in  all  instances  where  one 
dollar  and  twenty  five  cents,  or  a  greater 
sum,  per  acre,  shall  have  been  paid  ;  or 
where  payment  to  that  amount  shall  no^ 
have  been  heretofore  made,  such  pur- 
chasers, their  heirs  or  assignees  shall 
have  the  right  of  pre-emption  until  the 
fourth  day  of  July,  one  thousand  eight 
hundred  and  thirtyone,  by  paying  into 
the  proper  Land  Office  such  sum  in  addi- 
tion to  the  amount  heretofore  paid,  as 
will,  together,  amount  to  the  minimum 
price  of  the  lands  of  the  United  States 
at  the  time  of  such  payment. 

Sect.  2.  And  be  it  further  enacted^ 
That  all  such  occupants  of  relinquished' 
land  as  are  contemplated  and  described 
in  the  second  section  of  the  above  re- 


died  without  performing  the  conditions     cited  act,  to  which  this  is  a  supplement, 
required,  shall,  on  paying  into  the  Treas-    as  are  in  possession  of  land  which  was 


ury,  one  dollar  and  twentyfive  cents  per 
acre,  previous  to  the  third  of  March, 
eighteen  hundred  and  thirtythree,  re- 
ceive a  patent  for  the  same. 

Approved  February  19, 1831 . 

CJHAP.  31.  An  Act  making  appropria- 
tions for  the  completion  and  support 
of  the  Penitentiary  in  the  District 
of  Columbia,  and  for  other  pur- 
poses. 

CHAP.  32.  An  Act  to  authorise  the 
appointment  of  a  sub-agent  to  the 
Winnebago  Indians,  on  Rock  river. 

18* 


sold  on  credit  for  a  less  sum  than  four- 
teen dollars  per  acre,  shall  have  the 
right  of  pre-emption  of  the  same  lands, 
according  to  the  legal  subdivisions  of 
sections,  not  exceeding  the  quantity  of 
two  quarter  sections,  in  contiguous  tracts 
or  contiguous  to  other  lands  held  by  such 
occupants  respectively,  until  the  fourth 
day  of  July,  one  thousand  eight  hundred 
and  thirtyone,  upon  their  paying  into  a 
proper  office  for  all  land  originally  sold 
for  a  price  not  exceeding  five  dollars  per 
acre,  ozie  dollar  and  twentyfive  cents 
per  acre  ;   and  for  all  lands  which  origi- 


210] 


ANNUxVL  REGISTER,  1830—31. 


nally  sold  for  more  than  five  dollars,  and 
not  exceeding  fourteen  dollars  per  acre, 
the  amount  of  the  first  instalment  here- 
tofore paid  ;  such  occupants  first  proving 
their  possession,  respectively,  in  confor- 
mity to  the  provisions  of  the  said  act,  to 
which  this  is  a  supplement,  in  the  man- 
ner which  has  heen  prescribed  by  the 
Commissioner  of  the  General  Land 
Office,  pursuant  to  the  provisions  there- 
of:  Provided,  however,  That  in  all  cases 
where  proof  of  possession  has  been  al- 
ready made  under  said  recited  act,  proof 
Khali  not  again  be  required,  unless  the 
applicant  choose  to  take  other  land  than 
that  to  which  such  proof  applies. 

Sect.  3.  .5«fZ  he  it  further  enacted, 
That  the  provisions  of  this  act  shall  ex- 
tend to  all  town  property  of  which  the 
Government  has  been  proprietors,  and 
not  subsequently  sold,  when  full  pay- 
ment has  not  been  made  :  Provided, 
The  original  purchasers,  or  their  assign- 
ees, paj'^into  the  proper  Land  Office,  on 
or  before  the  fourth  of  July,  one  thou- 
sand eight  hundred  and  thirtytwo,  one 
half  of  the  original  purchase  money 
without  interest. 

CHAP.  35.  An  Act  to  incorporate  Saint 
Vincent's  Orphan  Asylum,  in  the 
District  of  Columbia. 
CHAP.  36.     An  Act  to  provide  for  the 
n.djustment  of  claims  of  persons  en- 
titled to  indem-nification  under  the 
convention     betv.een    the    United 
States  and  His  Majesty  the  King 
of  Denmark,  of  the  tv/enty eighth 
March,  eighteen  hundred  and  thirty, 
and  for  the  distribution  among  such 
claimants  of  the  sums  to  be  paid  b}'^ 
the  13anish  Government  to  that  of 
the  United  States,  according  to  the 
stipulation  of  the  said  convention. 
Sect.  1.     Be  it  enacted  by  the   Sen- 
ate and  House  of  Representatives  of  the 
United    States  of  America  in    Congress 
assembled,  That  the  commissioners  who 
aie  or  may  be  appointed  by  the  Presi- 
dent of  the  United  States,  by  and  with 
the  advice  and  consent  of  the  Senate, 
in  pursuance  of  the  third  article  of  the 
convention  between  the  United  States 
of  America  and   his  Majesty  the  King 
of   Denmark,    signed   at    Copenhagen 
the   twentyeighth  day   of  March,  one 
thousand    eight    hundred  -and    thirty, 
shall  meet  at  Washington  City,  in  the 
District  of   Columbia,  and,  within  the 
space  of  two  years  from  the  time  of  their 
first  meeting,   shall  receive,   examine, 
and  decide  upon  the  amount  and  validity 
of  all  such  claims  as  may  be  presented 
to  them,  and  are  provided  for  by  the 


convention  referred  to,  according  to  i\\e 
merits  of  the  several  cases,  and  to  just- 
ice, (Bquity,  and  the  law  of  nations,  and 
according  to  the  provisions  of  said  con- 
vention. 

Sect.  2.  Jlnd  be  it  further  enacted, 
That  all  records,  documents,  or  other 
papers,  which  now  are  in,  or  hereafter, 
during  the  continuance  of  this  commis- 
sion, may  come  into  the  possession  of 
the  Department  of  State,  in  relation  to 
such  claims,  shall  be  delivered  to  the 
commission  aforesaid. 

Sect.  3.  And  be  it  further  enacted. 
That  the  said  commissioners,  or  a  ma- 
jority of  them,  with  their  Secretary, 
whose  appointment  is  hereinafter  pro- 
vided for,  shall  convene  in  this  city  on 
the  first  Monday  of  April  next,  and  shall 
proceed  to  execute  the  duties  of  their 
commission  ;  and  the  Secretary  of  State 
shall  be,  and  he  is  hereby,  authorized 
and  required  forthwith  af\er  the  passing 
of  this  act,  to  give  notice  of  the  said  in- 
tended meeting,  to  be  published  in  one 
or  more  public  gazettes  in  the  city  of 
Washiagtcn,  and  in  such  other  public 
papers,  published  elsewhere  in  the  Unit- 
ed States,  as  he  may  designate. 

Sect.  4.  ^nd  he  it  further  enacted. 
That  the  said  commissioners  shall  pro- 
ceed immediately  after  their  meeting  in 
the  city  of  Washington,  with  all  conve- 
nient despatch,  to  arrange  and  docket 
the  several  claims,  and  to  consider  the 
evidence  which  shall  have  been,  cr 
which  may  be  offered  by  the  respective 
claimants,  allowing  such  further  time 
for  the  production  of  such  further  evi- 
dence as  may  be  required,  and  as  they 
shall  think  reasonable  and  just;  and  they 
shall  thereupon  proceed  to  determine 
the  said  claims,  and  to  award  distribu- 
tion of  the  sums  to  be  received  by  the 
United  States  from  the  King  of  Den- 
mark under  the  stipulations  of  the  con- 
vention aforesaid,  among  the  several 
claimants,  according  to  their  respective 
rights. 

Sect.  5.  And  be  it  further  enacted, 
That  the  said  commisioners  shall  be,  and 
they  are  hereby,  authorized  and  em- 
powered to  make  all  needful  rules  and 
regulations,  not  contravening  the  laws 
of  the  land,  the  provisions  of  this  act, 
or  the  provisions  of  the  said  convention, 
for  carrying  their  said  commission  into 
full  and  complete  effect. 

Sect.  6.  And^  be  it  further  enacted, 
That  the  President  of  the  United  States 
be,  and  he  is  hereby,  authorized,  by  and 
with  the  advice  and  consent  of  the  Sen- 
ate, to  appoint  a  Secretary  to  the  said 
commission. 


ACTS  OF  TWENTYFIRST  CONGRESS.— 2d  Session.    [211 


Sect.  7.  £nd  he  it  further  enacted, 
That  the  said  commissioners  and  secre- 
tar7  shall  severally  take  an  oath  for  the 
iaithful  performance  of  the  duties  of 
their  respective  offices. 

Sect.  8.  Jlnd  be  it  further  enacted, 
That  the  compensation  of  the  respective 
officers  for  virhose  appointment  provision 
is  made  by  this  act,  shall  not  exceed  the 
following  sums  :  to  each  of  the  said 
commissioners  at  the  rate  of  three  thou- 
sand dollars  per  annum,  and  to  the  se- 
cretary of  the  Board  at  the  rate  of  two 
thousand  dollars  per  annum  ;  and  the 
President  of  the  United  States  shall  be, 
and  he  is  hereby,  autliorised  to  make 
such  provision  for  the  contingent  ex- 
penses of  the  said  commission  as  shall 
appear  to  him  reasonable  and  proper; 
and  the  said  salaries  and  expenses  shall 
be  paid  out  of  any  money  in  the  treasu- 
ry, not  otherwise  appropriated. 

Sect.  9.  ^nd  he  it  further  enacted, 
That  all  moneys  to  be  received  from  tlie 
Danish  Government  under  the  conven- 
tion aforesaid,  shall  be  paid  into  the 
treasury  of  the  United  States,  and  shall 
constitute  a  fund  for  satisfying  the 
awards  of  the  commission  provided  for 
by  this  act. 

Sect.  10.  And  he  it  farther  enacted, 
That  all  communications  to  or  from  the 
Secretary  of  the  Board  of  Commissioners 
on  the  business  of  the  commission,  shall 
pass  by  mail  free  of  postage. 

Sect.  11.  Jind  he  it  further  enacted. 
That  as  soon  as  the  said  commission  shall 
be  executed  and  completed,  the  records, 
documents,  and  all  other  papers  in  the 
possession  of  the  commission  or  its  offi- 
cers shall  be  deposited  in  the  office  of 
the  Secretary  of  State. 

Approved  February  25, 1831. 

CHAP.  37.  An  Act  for  the  punish- 
ment of  crimes  in  the  District  of 
Columbia. 
Sect.  1.  Be  it  enacted  by  the  Sen- 
ate and  House  of  Representatives  of  the 
United  States  of  America  in  Congress 
assembled,  That  from  and  after  the  pass- 
age of  this  act,  every  person  who  shall 
be  convicted,  in  any  court  in  the  Dis- 
trict of  Columbia,  of  any  of  the  follow- 
ing offences,  to  v/it :  manslaughter,  as- 
sault and  battery  with  intent  to  kill, 
arson,  rape,  assault  and  battery  with 
intent  to  commit  a  rape,  burglary,  rob- 
b;iry,  horse  stealing,  mayhem,  bigamy, 
perjury,  or  subornation  of  perjury,  lar- 
ceny, if  the  property  stolen  is  of  the 
value  of  five  dollars  or  upwards,  forgery, 
obtaining  by  false  pretences  any  goods 
or  chattels,  money,  bank  note,  promis- 
sory note,  or  any  other  instrument  in 


writing  for  the  payment  or  delivery  of 
money  or  other  valuable  thing,  or  of 
keeping  a  faro  bank  or  other  common 
gaming  table,  petty  larceny  upon  a 
second  conviction,  committed  after  the 
passage  of  this  act,  shall  be  sentenced 
to  suffer  punishment  by  imprisonment 
and  labor,  for  the  time  and  times  here- 
inafter prescribed,  in  the  penitentiary 
for  the  District  of  Columbia. 

Sect.  2.  And  he  it  further  enacted, 
That  every  person  duly  convicted  of 
manslaughter,  or  of  any  assault  and 
battery  with  intent  to  kill,  shall  be  sen- 
tenced to  suffer  imprisonment  and  labor, 
for  the  first  ofi^ence  for  a  period  not  less 
than  two  nor  more  than  eight  years,  for 
the  second  offence  for  a  period  not  less 
than  six  nor  more  than  fifteen  years. 

Sect.  3.  And  he  it  further  enacted, 
That  every  person,  duly  convicted  of 
the  crime  of  maliciously,  wilfully,  or 
fraudulently  burning  any  dwelling- 
house,  or  any  other  house,  barn,  or  sta- 
ble, adjoining  thereto,  or  any  store,  barn, 
or  out-house,  having  goods,  tobacco,  hay, 
or  grain  therein,  although  the  same  shMl 
not  be  adjoining  to  any  dwelling-house  j 
or  of  maliciously  and  wilfully  burning 
any  of  the  public  buildings  in  the  cities, 
towns,  or  counties,  of  the  District  of 
Columbia,  belonging  to  the  United 
States,  or  the  said  cities,  towns,  or  coun- 
ties ;  or  any  church,  meetinghouse,  or 
other  building  for  public  worship,  be- 
longing to  any  voluntary  society,  or 
body  corporate  ;  or  any  college,  acade- 
my, school-house,  or  library;  or  any 
ship  or  vessel,  afloat  or  building;  or  as 
being  accessary  thereto ;  shall  be  sen- 
tenced to  suffer  imprisonment  and  la- 
bor, for  a  period  of  not  less  than  one, 
nor  more  than  ten  years  for  the  first 
offence,  and  not  less  than  five  nor  more 
than  twenty  years  for  the  second  offence. 

Sect.  4.  And  he  it  further  enacted, 
That  every  free  person,  duly  convicted 
of  rape,  or  as  being  accessary  thereto 
before  the  fact,  shall  be  sentenced  to 
suffer  imprisonment  and  labor,  for  the 
first  offence  for  a  period  not  less  than 
ten  nor  more  than  thirty  years,  and  for 
the  second  offence  for  and  during  the 
period  of  his  natural  life. 

Sect  5.  And  he  it  further  enacted. 
That  every  free  person  being  duly  con- 
victed of  an  assault  and  battery  with  in- 
tent to  commit  a  rape,  shall  be  punished 
for  the  first  offence  by  undergoing  con- 
finement in  the  Penitentiary  for  a  peri- 
od not  less  than  one,  nor  more  than  five 
years,  and  for  the  second  for  a  period 
not  less  than  five  nor  more  than  fifteen 
years. 


212] 


ANNUAL  REGISTER,  1830—31. 


Sect.  6.  And  he  it  further  enacted, 
That  every  person  duly  convicted  of 
burglary,  or  as  accessary  thereto  before 
the  fact,  or  of  robbery,  or  as  accessary 
thereto  before  the  fact,  shall  be  sentenc- 
ed to  suffer  imprisonment  and  labor,  for 
the  first  offence  for  a  period  not  less 
than  three  nor  more  than  seven  years, 
and  for  the  second  offence  for  a  period 
not  less  than  five,  nor  more  than  fifteen 
years. 

Sect.  7.  And  be  it  further  enacted, 
That  every  person  convicted  of  horse 
stealing-,  mayhem,  bigamy,  or  as  being 
accessary  to  any  of  said  crimes  before 
the  fact,  shall  be  sentenced  to  suffer 
imprisonment  and  labor,  for  the  first  of- 
fence for  a  period  not  less  than  two  nor 
more  than  seven  years,  and  for  the  sec- 
ond offence  for  a  period  not  less  than 
five  nor  more  than  twelve  years. 

Sect.  8.  And  be  it  further  enacted, 
That  every  person,  convicted  of  perju- 
ry or  subordination  of  perjury,  shall  be 
sentenced  to  suffer  imprisonment  and 
labor,  for  the  first  offence  for  a  period 
not  less  than  two  nor  more  than  ten 
years,  and  for  the  second  offence  for  a 
period  not  less  than  five  nor  more  than 
fifteen  years. 

Sect.  9.  And  be  it  further  enacted, 
That  every  person  convicted  of  feloni- 
ously stealing,  taking,  and  carrying 
away,  any  goods  or  chattels,  or  other 
personal  property,  of  the  value  of  five 
dollars  or  upwards,  or  any  bank  note, 
promissory  note,  or  any  other  instru- 
ment of  writing,  for  the  payment  or 
delivery  of  money  or  other  valuable 
thing,  to  the  amount  of  five  dollars  or 
upwards,  shall  be  sentenced  to  suffer 
imprisonment  and  labor,  for  the  first  of- 
fence for  a  period  not  less  than  one  nor 
more  than  three  years ;  and  for  the 
second  ofience  for  a  period  not  less  than 
three  nor  more  than  ten  years. 

Sect.  10.  And  be  it  further  enacted, 
That  every  person  convicted  of  receiv- 
ing stolen  goods,  or  any  article,  the 
stealing  of  which  is  made  punishable 
by  this  act,  to  the  value  of  five^dollars  or 
upwards,  knowing  them  to  have  been 
stolen,  or  of  being  an  accessary  after 
tlie  fact  in  any  felony,  shall  be  sentenced 
to  suffer  imprisonment  and  labor,  for 
the  first  offence  for  a  period  not  less 
than  one  nor  more  than  five  years,  and 
for  the  second  offence  for  a  period  not 
less  than  two  nor  more  than  ten  years. 

Sect.  11.  And  be  it  further  enacted, 
That  every  person  duly  convicted  of 
having  falsely  forged  and  counterfeited 
any  gold  or  silver  coin,  which  now  is, 
or  shall  hereafter  be,  passing  or  in  cir- 
culalion  within  the  District  of  Colum- 
bia; or  of  having  falsely  uttered,  paid, 


or  tendered  in  payment,  any  such  coun- 
terfeitor  forged  coin,  knowing  the  same 
to  be  forged  and  counterfeit;  or  of  hav- 
ing aided,  abetted  or  commanded  the 
perpetration  of  either  of  the  said  offen- 
ces; or  of  having  falsely  made,  altered, 
forged,  or  counterfeited,  or  caused  or 
procured  to  be  falsely  made,  altered^ 
forged  or  counterfeited,  or  having  wil- 
lingly aided  or  assisted  in  falsely  mak- 
ing, altering,  forging,  or  counterfeiting, 
any  paper,  writing,  or  printed  paper,  to 
the  prejudice  of  the  right  of  any  other 
person,  body  politic  or  corporate,  or 
voluntary  association,  with  intent  to  de- 
fraud such  person,  body  politic  or  corpo- 
rate, or  voluntary  association,  or  of  hav- 
ing passed,  uttered,  or  published,  or  at- 
tempted to  pass,  utter  or  publish,  as  true^ 
any  such  falsely  made,  altered,  forged^ 
or  counterfeited  paper,  writing  or  printed 
paper,  to  the  prejudice  of  the  right  of 
any  other  person,  body  politic  or  corpo- 
rate, or  voluntary  association,  knowing^ 
the  same  to  be  falsely  made,  altered, 
forged,  or  counterfeited,  with  intent  to 
defraud  such  person,  body  politic  or  cor- 
porate, or  voluntary  association,  shall  be 
sentenced  to  suffer  imprisonment  and 
labor,  for  the  first  offence  for  a  period 
not  less  than  one  year  nor  more  than 
seven  years,  for  the  second  offence,  for 
a  period  not  less  than  three  nor  more 
than  ten  years. 

Sect.  12.  And  be  it  further  enacted, 
That  every  pert^on,  duly  convicted  of 
obtaining  by  false  pretences  any  goods 
or  chattels,  money,  bank  note,  promis- 
sory note,  or  any  other  instrument  in 
writing,  for  the  payment  or  delivery  of 
money  or  other  valuable  thing,  or  of 
keeping  a  faro  bank  or  gaming  table, 
shall  be  sentenced  to  suffer  imprisoment 
and  labor,  for  a  period  not  less  than 
one  year,  nor  more  than  five  years  :  and 
every  person,  so  offending,  shall  be  a 
competent  witness  against  every  otiier 
person  offending  in  the  same  transaction, 
and  may  be  compelled  to  appearand  give 
evidence  in  the  same  manner  as  other 
persons;  but  ^le  testimony  so  given 
shall  not  be  used  in  any  prosecution  ot 
proceeding,  civil  or  criminal,  against 
the  person  so  testifying. 

Sect.  13.  And  be  it  further  enacted,. 
That  every  person,  upon  a  second  con- 
viction of  larceny,  where  the  property 
stolen  is  under  the  value  of  five  dollars, 
or  upon  a  second  conviction  of  receiving 
stolen  goods,  knowing  them  to  be  stolen, 
where  the  property  stolen  is  under  the 
value  of  five  dollars,  shall  be  sentenced, 
to  suffer  imprisonment  and  labor,  for  a 
period  not  less  than  one  nor  more  than 
three  years. 

Sect.  14.    And  he  it  further  enactedy 


ACTS  OF  TWENTYFIRST  CONGRESS,— 2d  Session.    [213 


That  all  capital  felonies  and  crimes  in 
the  District  of  Columbia,  not  herein 
specially  provided  for,  except  murder, 
treason,  and  piracy,  shall  hereafter  be 
punished  by  imprisonment  and  labor  in 
the  penitentiary  of  said  District,  for  a 
period  not  less  than  seven  nor  more 
than  twenty  years. 

Sect.  15.  And  he  it  further  enacted, 
That  every  other  felony,  misdemeanor 
or  offence  not  provided  for  by  this  act, 
may  and  shall  be  punished  as  hereto- 
fore, except  that,  in  all  cases  where 
whipping  is  part  or  the  whole  of  the 
punishment,  except,  in  the  cases  of 
slaves,  the  court  shall  substitute  there- 
for imprisonment  in  the  county  jail, 
for  a  period  not  exceeding  six  months. 

Sect.  16.  And  be  it  further  enacted, 
That  all  definitions  and  descriptions  of 
crimes :  all  fines,  forfeitures,  and  inca- 
pacities, the  restitution  of  property,  or 
the  payment  of  the  value  thereof;  and 
every  other  matter  not  provided  for  in 
this  act,  be,  and  the  same  shall  remain, 
as  heretofore. 

Sect.  17.  And  he  it  further  enacted, 
That  if  any  free  person  shall,  in  the 
said  District,  unlawfully,  by  force  and 
violence,  take  and  carry  away,  or  cause 
to  be  taken  and  carried  away,  or  shall, 
by  fraud  unlawfully  seduce,  or  cause  to 
be  seduced,  any  free  negro  or  mulatto, 
from  any  part  of  the  said  District  to  any 
other  part  of  the  said  District,  or  to  any 
other  place,  with  design,  or  intention  to 
sell  or  dispose  of  such  negro  or  mulat- 
to, or  to  cause  him  or  her  to  be  kept 
and  detained  as  a  slave  for  life,  or  ser* 
vant  for  years,  every  such  person  so  of- 
fending, his  or  her  counsellors,  aiders 
and  abettors,  shall,  on  conviction  there- 
of, be  punished  by  fine  not  exceeding 
five  thousand  dollars,  and  imprisonment 
and  confinement  to  hard  labor,  in  the 
penitentiary,  for  any  time  not  exceed- 
ing tv/elve  years,  according  to  the  enor- 
mity of  the  offence. 

Sect.  18.  And  he  it  further  enacted, 
That  nothing  herein  contained  shall  be 
construed  to  apply  to  slaves  not  resi- 
dents of  the  District  of  Columbia ;  but 
5uch  slaves  shall,  for  all  offences  com- 
mitted in  said  District,  be  punished 
agreeably  to  the  laws  as  they  now  ex- 
ist :  Provided,  That  this  act  shall  not  be 
construed  to  extend  to  slaves. 

CHAP.  38.  An  Act  making  appropri- 
ations for  certain  Fortifications  dur- 
ing the  year  One  Thousand  Eight 
Hundred  and  Tliirtyone. 

CHAP.  39.  An  Act  for  the  relief  of 
certain  importers  of  foreign  mer- 
chandise. 


Sect.  1.  Beit  enacted  hy  the  Senate 
and  House  of  Representatives  of  the 
United  States  of  America  in  Congress 
assemhled,  That  the  Secretary  of  the 
Treasury  shall  be,  and  he  is  hereby 
authorised  to  extend  relief  to  any 
importer  of  foreign  merchandise  who 
may  have  been  charged,  under  the 
provisions  of  the  third  section  of  the  act, 
entitled  '  An  act,  for  the  more  effectual 
collection  of  the  duties  on  imports,' 
passed  the  twentyeighth  day  of  May, 
one  thousand  eight  hundred  and  thir- 
ty, with  any  duty  in  addition  to  the 
duties  existing  on  such  merchandise 
previous  to  the  passage  of  said  act,  to 
the  amount  of  such  additional  duty: 
Provided,  Said  merchandise  shall  have 
been  imported  previous  to  the  first  day 
of  January  last :  Provided,  also.  That 
no  person  shall  be  entitled  to  the  relief 
authorised  to  be  given  by  this  act,  wh5, 
by  the  exercise  of  reasonable  diligence, 
by  himself  or  his  agents,  factors  or  cor- 
respondents, could  have  complied  with 
the  provisions  of  the  said  third  section 
of  said  act ;  and  the  Secretary  of  the 
Treasury,  shall  require  and  receive  sat- 
isfactory evidence,  from  every  person 
claiming  the  benefits  of  this  act,  that 
such  diligence  has  been  used,  and  that 
he  has  acted  bona  fide,  and  without  any 
intent  to  violate  or  evade  the  provisions 
of  said  third  section,  before  he  shall 
grant  the  relief  herein  provided. 

CHAP.  40  An  Act  for  the  Sale  of  the 
Lands  in  the  State  of  Illinois  re- 
served for  the  use  of  the  salt  springs 
on  the  Vermillion  river  in  that 
F.tate. 

CHAP.  41.  An  Act  for  the  relief  of 
the  citizens  of  Shawneetown. 

CHAP.  42.  An  Act  to  authorise  the 
Secretary  of  War  to  purchase  an 
additional  quantity  of  land  for  the 
fortifications  at  Fort  Washington, 
upon  the  river  Potomac. 

CHAP.  43.  An  Act  for  the  relief  of 
Thomas  Porter,  of  Indiana. 

CHAP.  44.  An  Act  for  the  relief  of 
William  Clower. 

CHAP.  45.  An  Act  for  the  relief  of 
Simeon  C.  Whittier. 

CHAP.  4G.  An  Act  for  tlie  relief  of 
Ebenezer  Rollins. 

CHAP.  47.  An  Act  for  the  relief  of 
the  legal  representatives  of  Daniel 
Mclntire,  deceased. 


214] 


ANNUAL  REGISTER,  1830—31. 


CHAP.  48.     An  Act  for  the  relief  of 
Joseph  E.  Sprague. 

CHAP.  49.  An  Act  for  the  relief  of 
John  Daly,  late  of  Canada. 

CHAP.  50.  An  Act  for  the  relief  of 
Nathaniel  Cheever  and  others. 

CHAP.  51.  An  Act  for  the  relief  of 
Peters  and  Pond. 

CHAP.  52.  An  Act  for  the  relief  of 
Lucian  Harper. 

CHAP.  53.  An  Act  for  the  relief  of 
James  Sj>rague. 

CHAP.  54.  An  Act  to  provide  for  the 
final  settlement  and  adjustment  of 
the  various  claims  preferred  by 
James  Monroe,  against  the  United 
States. 

CHAP.  55.  An  Act  making  appropri- 
ations for  the  support  of  Govern- 
ment for  the  year  one  thousand 
eight  hundred  and  thirtyone. 

CHAP.  56.  An  Act  making  additional 
appropriations  for  the  improvement 
of  certain  harbors,  and  removing 
obstructions  in  the  mouths  of  cer- 
tain rivers. 

CHAP.  57.  An  Act  making  appropri- 
ations for  the  Naval  service,  for  the 
year  one  thousand  eight  hundred 
and  thirtyone. 

CHAP.  58.  An  Act  making  appropri- 
ations for  carrying  on  certain  Roads 
and  works  of  Internal  Improvement, 
and  for  providing  for  Surveys. 

CHAP.  59.  An  Act  making  appropri- 
ations for  carrying  into  effect  cer- 
tain Indian  treaties. 

CHAP.  60.  An  Act  to  carry  into  ef- 
fect certain  Indian  treaties. 

CHAP.  61.  An  Act  making  appropri- 
ations for  the  military  service,  for 
the  year  one  thousand  eight  hun- 
dred and  thirtyone. 

CHAP.  62.  An  Act  for  the  relief  of 
certain  insolvent  debtors  of  the 
United  States. 

Sect.  ].  Be  it  enacted  by  the  Sen- 
ate and  House  of  Representatives  of  the 
United  States  of  America  in  Congress 
assembled,  That  any  person  who  was  an 
insolvent  debtor,  on  or  before  the  first 
day  of  January  last,  and  who  is  indebted 
to  the  United  States  for  any  sum  of 
pioney  then  due,  which  he  is  unable  to 
pay,  unless  such  person  be  indebted  as 
ih&  principal  in  an  official  bond,  or  for 


public  money  received  by  him,  and  not 
paid  over  or  accounted  for  according  to 
law,  or  for  any  fine,  forfeiture,  or  penal- 
ty,  incurred  by  the  violation  of  any  law 
of  the  United  States,  may  make  applica- 
tion m  writing,  under  oath  or  affirma- 
tion, to  the  Secretary  of  the  Treasury, 
for  the  purpose  of  obtaining  a  release  or 
discharge  of  the  said  debt ;  which  ap- 
plication shall  state,  as  near  as  may  be, 
the  time  when  the  applicant  became  in- 
solvent, how  soon  thereafter  he  made 
known  his  insolvency  to  his  creditors, 
the  cause  or  causes,  and  the  amount  of 
such  insolvency ;  and,  also,  all  the  es- 
tate, real  and  personal,  which  the  said 
applicant  owned  at  the  time  of  his  in- 
solvency, and  the  manner  in  which  such 
estate  has  been  disposed  of;  and  what 
estate,  if  any,  he  has  since  owned,  and 
still  owns. 

Sect.  2.  And  be  it  further  enacted, 
That  the  Secretary  of  the  Treasury  is 
hereby  directed  to  transmit  to  the  Dis- 
trict Attorney  of  the  United  States  for 
the  District  or  Territory  within  which 
the  said  applicant  shall  reside,  a  certifi- 
cate copy  of  the  said  application,  with 
such  instructions  as  he  may  think  prop- 
er ;  and  it  shall  be  the  duty  of  the  said 
District  Attorney  to  lay  the  said  copy 
of  such  application  before  the  Commis- 
sioner or  Commissioners  of  Insolvency 
to  be  appointed  by  virtue  of  this  act,  and 
to  appear  and  act  before  them  as  coun- 
sel in  behalf  of  the  United  States. 

Sect.  3.  And  be  it  further  enacted^ 
That  the  Secretary  of  the  Treasury  is 
hereby  authorised  and  directed  to  ap- 
point any  number  of  Commissioners  of 
Insolvency  he  may  think  proper,  not 
exceeding  three  in  each  judicial  District 
or  Territory  of  the  United  States,  who, 
before  they  enter  upon  the  duies  of  their 
appointment,  shall  severally  take  an 
oath  or  affirmation  before  one  of  the 
Justices  of  the  Supreme  Court,  or  before 
any  Judge  of  a  District  Court  of  th© 
United  States,  that  they  will  faithfully 
execute  the  trust  committed  to  them : 
and  it  shall  be  the  duty  of  the  said  Com- 
missioner or  Commissioners  to  proceed 
publicly  to  examine  the  books,  papers, 
and  vouchers  of  each  of  the  said  appli- 
cants ;  and  they,  or  either  of  them,  shall 
also  be  authorised  to  examine  each  of 
the  said  applicants,  or  any  other  person 
or  persons,  upon  oath  or  affirmation, 
touching  the  said  application :  and  it 
shall  be  the  duty  of  the  said  Commis- 
sioner or  Commissioners  to  make  a  re- 
port, in  writing,  to  the  said  Secretary, 
of  the  result  of  their  examination  in, 
each  case,  therein  particularly  stating^ 


ACTS  OF  TWENTYFIRST  CONGRESS.— 2d  Session.      [215 


ns  near  as  may  be,  the  time  when  the 
Tipplicant  became  insolvent,  how  soon 
thereafter  he  made  known  his  insolven- 
cy to  his  creditors,  the  cause  or  causes, 
and  the  amount  of  such  insolvency  ;  and 
also,  all  the  estate,  real  and  personal, 
which  the  said  applicant  owned  at  the 
time  of  his  insolvency,  and  the  manner 
in  which  such  estate  has  been  disposed 
of:;  and  what  estate,  if  any,  he  has  since 
owned,  and  still  owns. 

Skct.  4.     And  he  it  further  enacted, 
That  the  Secretary  of  the  Treasury,  af- 
ter he  shall  have  received  the  report  of 
the  said  Commissioner  or  Commission- 
ers, shall  proceed   to  examine  the  cir- 
cumstances of  each  case  ;  and  if  it  shall 
liave  been  proved  to  his  satisfaction  that 
the  said  debtor  is  unable  to  pay  the  said 
debt  or   debts    which  he   owes   to  the 
United  States  ;  that  he  hath  done  no  act 
fraudulently    to    deprive    the    United 
States  of  their  legal   priority  ;  that  he 
has  not  been  guilty  of  any  fraud,  nor 
made  any  conveyance  of  his  estate,  real 
or  personal,  in  trust  for  himself,  or  with 
an  intent  to  defraud  the  United  States, 
or  whereby  to  expect  any  benefit  or  ad- 
vantage to  himself  or  family  ;  then  and 
in  that  case,   the   said    Secretary   may 
compromise  with  the  said  debtor,  upon 
euch  terms   and  conditions  as  he  may 
think   reasonable  and  proper  under  all 
the  circumstances  of  the  case,  and  may 
execute  a  release  to  him  or  her  for  the 
amount  of  the  said  debt  or  debts,  which 
he  or  she  may  owe  to  the  United  States  ; 
which  said  release  shall  contain  a  reci- 
tal that  the  foregoing  particulars  have 
been  satisfactorily   proved  to  the  said 
Secretary  :  Provided,  hoicevcr,  That  the 
said  release  shall  be  rendered  null  and 
void,  if  it   shall  at  any  time  be  ascer- 
tained that   the   said   insolvent   debtor 
hath  obtained  the  same  upon  false  sug- 
gestions. 

Sect.  5.  And  be  it  further  enacted, 
That  if  the  said  insolvent  debtor,  or  any 
other  person,  shall  falsely  take  an  oath 
or  affirmation  under  this  net,  he  or  she 
shall  be  deemed  guilty  of  perjury,  and 
shall  suffer  the  pains  and  penalties  in 
that  case  provided. 

Sect.  G.  And  he  it  further  enacted. 
That  each  of  the  said  Commissioners  of 
Insolvency,  sliall  receive  five  dollars  per 
day  for  each  day  they  shall  be  actually 
employed  in  the  performance  of  their 
duty  under  tliis  act ;  which  sum  togeth- 
er with  the  actual  expense  incurred  for 
office  rent,  and  all  other  contingencies, 
provided  the  same  shall  not,  in  the 
whole,  exceed  two  dollars  per  day,  shall 
be  apportioned  among  the  several  appli- 
cants by  the  said  Curamissioner  or  Com- 


missioners, under  the  direction  of  the 
Secretary  of  the  Treasury,  according  to 
the  time  occupied  in  the  investigation 
of  each  case  ;  and  each  of  the  sjTid  ap- 
plicants, immediately  after  the  investi- 
gation of  his  or  her  case  shall  be  com- 
pleted, by  the  Commissioner  or  Com- 
missioners, and  before  the  report  shall 
be  transmitted  to  the  said  Secretary, 
shall  pay  his  or  her  respective  propor- 
tions of  the  same  :  and  it  shall  be  the 
duty  of  the  said  Commissioner  or  Com^- 
missioners  to  transmit  with  his  or  their 
report,  in  each  case,  a  statement,  under 
oath  or  affirmation,  to  the  said  Secretary, 
of  the  time  actually  occupied  in  the  in- 
vestigation thereof  and  the  amount 
which  they  shall  have  received  from  the 
said  applicant. 

Sect.  7.  And  he  it  further  enacted^ 
That  the  compensation  to  be  paid  to  the 
District  Attorney  of  each  district  and 
territory,  shall  be  five  dollars  for  each 
day  he  shall  be  actually  employed  un- 
der the  provisions  of  this  act. 

Sect.  8.  And  he  it  further  enacted^ 
That  it  shall  be  the  duty  of  the  Secre- 
tary of  the  Treasury,  to  report  annually 
to  Congress  the  names  of  the  applicants 
under  this  act,  and  the  nature  and 
amount  of  the  debt  or  debts  due  from 
each  to  the  United  States;  and,  also, 
the  names  of  those  who  shall  have  ob- 
tained releases,  together  with  the  terms 
of  compromise  in  each  case. 

Sect.  9.  And  he  it  further  enacted^ 
That  the  sum  of  five  thousand  dollars 
be,  and  the  same  is  hereby  appropriated, 
to  be  paid  out  of  any  money  not  other- 
wise appropriated,  for  the  pursose  of 
carrying  into  efl:ect  the  provisions  of 
this  act. 

Sect.  10.  And  he  it  further  enacted^ 
That  this  act  shall  continue  in  force  for 
three  years  and  no  longer. 

CHAP.  G3.  An  Act  for  the  continua- 
tion of  the  Cumberland  Road  in  the 
States  of  Ohio,  Indiana,  and  Illinois. 

CHAP.  64.  An  Act  making  appropri- 
ations for  the  Indian  Department 
for  the  year  one  thousand  eight 
hundred  and  thirtyone. 

CHAP.  G5.  An  Act  making  provision 
for  a  Subscription  to  a  compilation 
of  Congressional  Documents. 

CHAP.  GG.  An  Act  to  provide  for 
the  punishment  of  offences  com- 
mitted in  cutting,  destroying,  or 
removing  live  oak  and  other  timber 
or  trees  reserved  for  Naval  purposes. 

Sect.  ].  Be  it  enacted  hy  the  Senate 
and    House  of    Representatives    of  the 


216] 


ANNUAL  REGISTER,  1830—31. 


United  States  of  America  in   Congress 
assembled.     That  if  any  person   or  per- 
sons shall  cut,  or  cause  or  procure  to  be 
cut,  or  aid,  assist,  or  be   employed  in 
cutting,  or  shall  wantonly  destroy,  or 
cause  or  procure  to  be  wantonly  destroy- 
ed,  or  aid,  assist,  or  be   emploj-ed   in 
wantonly    destroying  any    live  oak   or 
red  cedar  tree  or  trees,  or  other  timber 
standing,  growing,  or  being  on  any  lands 
of  the  L'nited  States,  which,  in  pursu- 
ance of  any  law  passed,  or  hereafter  to 
be  passed,  shall  hare  been  reserved  or 
purchased  for  the   use   of  the   United 
States,  for  supplying  or  furnishing  there- 
from, tiinb'er  for  the  navy  of  the  United 
States ;  or  if  any  person  or  persons  shall 
remove,  or  cause  or  procure  to  be  re- 
moved, or  aid,  or  assist,  or  be  employed 
in  removing  from  any  such  landss  which 
shall  have  been  reserved  or  purchased 
as  aforesaid,  any  live  oak   or  red  cedar 
tree,  or  trees,  or  other  timber,  unless  duly 
authorised  so  to  do,  by  order,  in  writing, 
of  a  competent  officer,  and  for  the  use 
of  the  navy  of  the  United  States;  or  if 
■any  person  or  persona  shall  cut,  or  cause 
or  procure  to  be  cut,  or  aid,  or  assist,  or 
be  employed  in  cutting  any  live  oak  or 
Ted  cedar  tree  or  trees,  or  other  timber 
on,  or  shall  remove,  or  cause  or  procure 
to  be  removed,  or  aid,  or  assist,  or  be 
employed  in  removing  any  live  oak  or 
Ted  cedar  trees,  or  other  timber  from 
uny  other  lands  of  the  United  States  ac- 
quired, or  hereafter  to  be  acquired,  with 
intent  to  export,  dispose  of,  use,  or  em- 
ploy the  same  in  any  manner  whatso- 
ever, other  tlian  for  the  use  of  the  na- 
vy of  the  United   States ;  every   such 
person  or  persons  so  offending,  on  con- 
viction thereof  before  any  court  having 
competent  jurisdiction,  shall,  for  every 
such  offence,  pay  a  fine  not  less  than 
triple  the  value  of  the  tree  or  trees,  or 
timber  so  cut,  destroyed,  or  removed, 
and  shall  be  imprisoned  not  exceeding 
twelve  months. 

Sect.  2.  And  he  it  further  enacted, 
That  if  the  master,  owner,  or  consignee 
of  any  ship  or  vessel  shall,  knowingly, 
take  on  board  any  timber. cut  on  lands 
which  shall  have  been  reserved  or  pur- 
chased as  aforesaid,  v/ithout  proper  au- 
thority, and  for  the  use  of  the  navy  of 
the  United  States ;  or  shall  take  on 
board  any  live  oak  or  red  cedar  timber 
cut  on  any  other  lands  of  the  United 
States,  with  intent  to  transport  the  same 
to  any  port  or  place  within  the  United 
States,  or  to  export  the  same  to  any  for- 
eign country,  the  ship  or  vessel  on  bcajjd 
of  which  the  same  shall  be  taken,  trans- 
ported, or  seized,  shall,  v/itli  her  tackle, 
apparel  and  furniture,  be  v»4iolly  forfeited 


to  the  United  States ;  and  the  captain  or 
master  of  such  ship  or  vessel  wherein  the 
same  shall  have  been  exported  to  any 
foreign  country  against  the  provisions 
of  tiiis  act,  shall  forfeit  and  pay  to  the 
United  States  a  sum  not  exceeding  ono 
thousand  dollars. 

Skct.  3.  And  he  it  further  enacted, 
That  all  penalties  and  forfeitures  in- 
curred under  the  provisions  of  this  act 
shall  be  sued  for,  recovered  and  dis- 
tributed, and  accounted  for,  under  the 
directions  of  the  Secretary  of  the  Navy^ 
and  shall  be  paid  over,  one  half  to  the 
informer  or  informers,  if  any,  or  captors, 
where  seized,  and  the  other  half  to  the 
Commissioners  of  the  Navy  Pension 
Fund,  for  the  use  of  the  said  fund  ;  and 
the  Commissioners  of  the  said  fund  are 
hereby  authorised  to  mitigate,  in  whole 
or  in  part,  and  on  such  terms  and  condi- 
tions as  they  shall  deem  proper,  and 
order,  in  writing,  any  fine,  penalty,  or 
forfeiture  incurred  unJier  this  act. 

CHAP.  G7.  An  Act  granting  a  quanti- 
ty of  land  to  the  Territory  of  Ar- 
kansas for  the  erection  of  a  Public 
Building  at  the  seat  of  Government 
of  said  Territory. 

CHAP.  68.  An  Act  confirming  the 
selections  heretofore  made  of  lands 
for  the  construction  of  the  Michigan 
road,  in  the  State  of  Indiana. 

CHAP.  G9.  An  Act  to  extend  the  act, 
entitled,  '  An  act  for  the  further 
extending  the  powers  of  the  Judges 
of  the  Superior  Court  of  the  Ter- 
ritory of  Arkansas,  under  the  act 
of  the  tv/entysixth  day  of  May, 
one  thousand  eight  hundred  and 
twentyfour,  ancf  for  other  pur- 
poses.' 

CHAP.  70.  An  Act  making  appropri- 
ations for  the  Public  Buildings,  and 
for  other  purposes. 

CHAP.  71.  An  Act  for  the  relief  of 
Mrs  Clarissa  B.  Harrison. 

CHAP.  72.  An  Act  for  the  relief  of 
Richard  Smith  and  William  Pearse, 
the  second,  of  Bristol,  in  Rhode 
Island. 

CHAP.  73.  An  Act  to  authorise  the 
Territory  of  Florida  to  open  a  Canal 
through  the  public  land*  between 
Chipola  River  and  Saint  Andrew's 
Bay,  in  West  Florida. 

CHAP.  74.  An  Act  to  extend  the  pa- 
tent of  John  Adamsnn  for  a  further 
period  of  fourteen  yeai's. 

CHAP.  75.     An  Act  to  authorise  the 


ACTS  OF  TWENTYFIRST  CONGRESS— 2d  Session.     [217 


State  of  Illinois  to  surrender  a  town- 
ship of  land  granted  to  said  State 
for  a  Seminary  of  Learning,  and  to 
locate  other  lands  in  lieu  thereof. 

CHAP.  76.  An  Act  to  establish  ports 
of  delivery  at  Port  Pontchartrain 
and  Delaware  City,  and  for  other 
purposes. 

Sect.  1 .  Be  it  enacted  by  the  Senate 
and  Hoitsc  of  Representatives  of  the  Unit- 
ed States  of  America  in  Congress  as- 
sembled, That  there  be,  .and  hereby  is 
established  at  Port  Pontchartrain,  on 
Lake  Ponchartrain  a  port  of  delivery, 
that  a  surveyor  shall  be  appointed  to 
reside  at  said  port,  that  all  ships  and  ves- 
sels bound  to  said  port  shall  after  pro- 
ceeding thereto,  and  making  report  and 
entry  at  the  port  of  New  Orleans,  with- 
in the  time  limited  by  law,  be  permitted 
to  unlade  their  cargoes  at  the  said  port 
under  the  rules  and  regulations  pre- 
scribed by  law. 

Sect.  2.  And  be  it  further  enacted, 
That  all  vessels  about  to  depart  from 
the  said  port  for  foreign  ports  and  plac- 
es shall  be  permitted  to  clear  out  with 
their  cargoes  at  the  custom-house  in  the 
city  of  New  Orleans,  and  depart  under 
the  same  rules,  regulations  and  restric- 
tions, and  in  every  respect  in  the  same 
manner,  as  vessels  clearing  out  and  de- 
parting for  foreign  ports  and  places  from 
the  said  city  of  New  Orleans  by  the  way 
of  the  Mississippi  river ;  and  goods  im- 
ported into  the  United  States,  and  ex- 
ported from  said  port,  shall  be  entitled 
to  the  benefit  of  a  drawback  of  the  du- 
ties upon  exportation  to  any  foreign 
port  or  place,  under  the  same  provisions, 
regulations,  restrictions  and  limitations, 
as  if  the  said  goods,  wares,  and  mer- 
chandise had  been  exported  directly  from 
New  Orleans  by  way  of  the  Mississippi 
river. 

Sect.  3.     And  be  it  further  enacted, 


give  the  same  bond,  perform  the  same 
duties,  and  be  entitled  to  the  same  com- 
pensation and  fees,  as  the  collectors  in 
other  districts,  in  Florida. 

Sect.  5.  And  be  it  further  enacted ^ 
That  Prospect,  in  the  District  of  Bel- 
fast,  in  the  StAte  of  Maine,  shall  be  a 
port  of  delivery  :  and  that  a  surveyor 
shall  be  appointed,  who  shall  reside  'at 
that  place. 

Sect.  6.  And  he  it  further  enactedf 
That  the  ports  of  Kennebunk,  in  the 
State  of  Maine,  and  Middletown,  in  the 
State  of  Connecticut,  be,  and  they  are 
hereby  made  ports  of  entry  for  vessels 
arriving  from  the  Cape  of  Good  Hope, 
and  from  places  beyond  the  same. 

CHAP.  77.  An  Act  for  the  relief  of 
George  Johnston. 

CHAP.  78.  An  Act  for  the  relief  of 
J.  N   Cardozo. 

CHAP.  79.  An  Act  for  the  relief  of 
Peter  Cleer  of  Maryland. 

CHAP.  80.  An  Act  for  the  relief  of 
Jonathan  Crocker. 

CHAP.  81.  An  Act  to  authorise  the 
executor  of  Stephen  Tippett  to  lo- 
cate a  tract  of  land  in  the  State  of 
Louisiana. 

CHAP.  82.     An  Act  for  the  relief  of 
'  Hugh  Barnes. 

CHAP.  83.  An  Act  for  the  relief  of 
Henry  Becker. 

CHAP.  84.  An  Act  confirming  the 
claim  of  John  B.  Toulmin  to  a  lot 
in  the  City  of  Mobile. 

CHAP,  85.  An  Act  to  authorise  the 
extension,  construction,  and  use  of 
a  lateral  branch  of  the  Baltimore' 
and  Ohio  Rail  Road,  into  and  with- 
in the  District  of  Columbia. 
Whereas   it  is  represented   to  this 

present   Congress   that   the   Baltimore 


That  Delaware  City,  in  the  District  of    and  Ohio  Rail  Road  Company,  incorpo- 


Delaware,  shall  be  a  port  of  delivery 
and  a  surveyor  shall  be  appointed,  who 
shall  reside  at  said  city. 

Sect.  4.  And  be  it  further  enacted, 
That  a  collection  district  be,  and  is  here- 
by established  in  the  Territory  of  Florida, 
which  shall  include  all  the  ports,  harbors, 
shores,  and  waters  of  the  main  land  ia 
Florida,  and  of  the  islands  opposite  and 
nearest  thereto,  from  Saint  Mary's  to 
the  south  side  of  Saint  John's,  to  be 
called  the  Saint  John's  District,  and  a 
port  of  entry  shall  be  established  at 
such  point  on  the   Saint  John's  River, 


rated  by  an  act  of  the  General  Assembly 
of  Maryland,  entitled  '  An  act  to  in- 
corporate the  •  Baltimore  and  Ohio  Rail 
Road  Company,'  passed  the  twenty- 
eighth  day  of  February,  eighteen  hund- 
red and  twentyseven,  are  desirous, 
under  the  pov/ers  which  they  claim  to 
be  vested  in  them  by  the  provisions  cf 
the  before-recited  act,  to  construct  a 
lateral  branch  from  the  said  Baltimore 
and  Ohio  Rail  Road  to  the  District  of  Co- 
lumbia.    Therefore, 

Bs  it  enacted  by  the  Senate  and  House 
of  Representatives   of  the    United  States 


as  the  President  may  direct,  and  a  col-    of  America  in  Congress  assembled,  That 
lector   shall    be   appointed,   who  sliallMie  B  iltun:):e  asid  Onio  Rail  Road  Com- 

19 


218] 


ANNUAL  REGISTER,  1830—31. 


pany,  incorporated  by  the  said  act  of 
the  General  Assembly  of  Maryland, 
shall  be,  and  they  are  hereby,  authorised 
to  extend  into  and  within  the  District 
of  Columbia  a  lateral  rail  road,  such  as 
the  said  company  shall  construct,  or 
cause  to  be  constructed,  in  a  direction 
towards  the  said  District,  in  connection 
with  the  rail  road  which  they  have  lo- 
cated, and  are  constructing,  from  the 
city  of  Baltimore  to  the  Ohio  River,  in 
pursuance  of  their  said  act  of  incorpora- 
tion :  And  the  said  Baltimore  and  Ohio 
Rail  Road  Company  are  hereby  author- 
ised to  exercise  the  same  powers,  rights, 
and  privileges,  and  shall  be  subject  to 
the  same  restrictions,  in  the  extension 
and  construction  of  the  said  lateral  rail 
road  into  and  within  the  said  District, 
as  they  may  exercise,  or  are  subject  to, 
under  and  by  virtue  of  their  said  char- 
ter or  act  of  incorporation,  in  the  ex- 
tension and  construction  of  any  rail  road 
within  the  State  of  Maryland,  and  shall 
be  entitled  to  the  same  rights,  compen- 
sation, benefits,  and  immunities,  in  the 
use  of  the  said  road,  and  in  regard  there- 
to, as  are  provided  in  their  said  char- 
ter, except  the  right  to  constroct  any 
lateral  road  or  roads  within  the  said 
District  from  the  said  lateral  branch  or 
road  hereby  authorised,  it  being  express- 
ly understood  that  the  said  Baltimore 
and  Ohio  Rail  Road  Company  shall 
have  power  only  to  construct  from  the 
said  Baltimore  and  Ohio  Rail  Road  one 
lateral  road  within  the  said  District, 
to  some  point  or  terminus  within  the 
City  and  County  of  Washington,  to  be 
determined  in  the  manner  hereinafter 
mentioned  :  Provided,  always,  and  be  it 
enacted.  That  before  the  Baltimore  and 
Ohio  Rail  Road  Company  aforesaid 
shall  proceed  to  construct  any  rail  road 
which  they  may  lay  out  or  locate,  on, 
through,  or  over  any  land  or  improve- 
ments, or  to  use,  take  for  use  any  earth, 
stone,  or  other  materials,  on  any  land 
within  the  said  District,  they  shall  first 
obtain  the  assent  of  the  owner  of  such 
land,  improvements,  or  materials,  or  if 
such  owner  shall  be  absent  from  said 
District,  or  shall  refuse  to  give  such 
assent  on  such  terms  as  the  said  com- 
pany shall  approve,  or,  because  of  in- 
fancy, coverture,  insanity,  or  any  other 
cause,  shall  be  legally  incapable  of  giv- 
ing such  assent,  then  it  shall  be  lawful 
for  the  said  company  to  apply  to  a  jus- 
tice of  the  peace  of  the  County  of  Wash- 
ington, who  shall  thereupon  issue  his 
warrant,  under  his  hand  and  seal,  di- 
rected to  the  marshal  of  the  said  Dis- 
trict, requiring  him  to  summon  a  jury 
of  twenty  inhabitants  of  the  said  dis- 


trict, none  of  whom  shall  be  interested, 
or  related  to  any  person  interested  in 
the  land  or  materials  required  for  the 
construction  of  the  said  rail  road,  or 
a  stockholder,  or  related  to  any  stock- 
holder, in  the  said  company,  to  meet  on 
the  land,  or  near  to  the  other  property 
or  materials  so  required,  on  a  day  nam- 
ed in  such  warrant,  not  less  than  threft 
nor  more  than  fifteen  days  after  issuing 
the  same,  to  proceed  to  value  the  dam- 
ages which  the  owner  or  owners  of  any 
such  land  or  other  pioperty  will  sustain 
by  the  use  or  occupation  of  the  same, 
required  by  the  said  company;  and 
the  proceedings,  duty,  and  authority  of 
the  said  marshal,  in  regard  tor  such  war- 
rant and  jury,  and  the  oath  or  affirma- 
tion to  be  administered,  and  inquisition 
to  be  made  and  returned,  shall  be  the 
same  as  are  directed  and  authorised  in 
regard  to  the  Sheriff",  by  the  fifteenth 
section  of  the  said  act  of  the  General 
Assembly  of  the  State  of  Maryland, 
incorporating  the  said  Baltimore  and 
Ohio  Rail  Road  Company  ;  and  all  the 
other  proceedings  in  regard  to  such  jury, 
and  the  estimating  and  valuation  of 
damages,  and  the  payment  or  tender  of 
payment  of  any  damages  ascertained 
by  such  valuation  and  effect  thereof, 
and  of  the  view  of  any  lands,  or  other 
property,  or  materials,  as  to  giving  the 
said  company  a  right  to  use  the  same 
for  the  use  or  construction  of  any  rail 
road  within  the  said  District,  as  hereby 
authorised,  shall  in  every  case,  and  in 
every  respect,  be  the  same  as  is  provid- 
ed in  and  by  the  abovementioned  act  of 
incorporation  in  regard  to  the  rail  road 
thereby  authorised  to  be  constructed  by 
the  said  company  :  Provided,  also,  and  he 
it  enacted,  That  whenever  the  said  com- 
pany, in  the  construction  of  a  rail  road 
into  or  within  the  said  District,  as  au- 
thorised by  this  act,  shall*  find  it  neces- 
sary to  cross  or  intersect  any  establish- 
ed road,  street  or  other  way,  it  shall  be 
the  duty  of  the  said  company  so  to  con- 
struct the  said  rail  road  across  sucli 
established  road,  street  or  other  way, 
as  not  to  impede  the  passage  or  trans- 
portatation  of  persons  or  property,  along 
the  same  ;  and,  where  it  shall  be  neces- 
sary to  pass  the  said  rail  road  through 
the  land  of  any  individual  within  the 
said  District,  it  shall  also  be  the  duty  of 
the  said  company  to  provide  for  such 
individual  proper  wagon  ways  across  the 
said  rail  road,  from  one  part  of  his  land 
to  the  other ;  but  nothing  herein  con- 
tained shall  be  so  construed  as  to  author- 
ise the  entry  of  the  said  company  upon 
any  lot  or  square,  or  upon  any  part  of 
any  lot  or  square,  owned  by  the  United 


ACTS  OF  TWENTYFIRST  CONGRESS.— 2d  Session.     [219 


States,  or  by  any  other  body  or  bodies 
politic  or  corporate,  or  by  any  individual 
or  individuals,  within  the  limits  of  the 
City  of  Washington,  for  the  purposes 
aforesaid,  of  locating  or  constructing 
the  said  road,  or  of  excavating  the  same, 
or  for  the  purpose  of  taking  therefrom 
any  material,  or  for  any  other  purpose 
or  uses  whatsoever ;  but  the  said  compa- 
ny, in  passing  into  the  District  afore- 
said, and  constructing  the  said  road 
within  the  same,  shall  enter  the  City  of 
Washington  at  such  place,  and  shall 
pass  along  such  public  street  or  alley, 
to  such  point  or  terminus  within  the 
said  City,  as  the  said  company  shall  find 
best  calculated  to  promote  the  objects  of 
said  road :  Provided,  That  the  level  of 
said  road  within  the  said  City  shall  con- 
form to  the  present  graduation  of  the 
streets,  unless  the  said  Corporation  shall 
agree  to  a  different  level :  And  provided 
also,  That  the  said  company  shall  not 
be  permitted  to  take  or  terminate  the 
said  road  west  of  the  west  side  of  seventh 
street  west :  And  provided  also,  That 
the  said  road  shall  not  cross,  or  inter- 
fere with,  or  infringe  on  the  existing 
Washington  City  Canal,  or  the  Chesa- 
peake and  Ohio  Canal,  their  waters  or 
basins,  or  any  other  canal  which  may 
hereafter  be  projected  and  executed  to 
connect  the  said  Chesapeake  and  Ohio 
Canal  with  the  aforesaid  Washington 
City  Canal  in  its  whole  extent  to  the 
Eastern  branch  of  the  Potomac :  Pro- 
vided also.  The  rate  actually  charged 
and  received  on  all  that  part  of  said 
road  within  the  District  shall  not  ex- 
ceed three  cents  a  ton  per  mile  for  toll, 
and  three  cents  a  ton  per  mile  for  trans- 
portation, except  as  hereinafter  speci- 
fied, and  shall  be  the  same  each  way : 
Provided  also,  That  the  privileges  grant- 
ed by  this  bill  to  the  aforesaid  rail  road 
company  shall  be  upon  the  condition 
that  the  said  company  shall  charge  the 
same  rate  of  toll  upon  the  same  articles 
going  east  and  west  between  Baltimore 
and  Washington. 

Sect.  2.  And  be  it  further  enacted. 
That  in  addition  to  the  charges  author- 
ised by  said  act  of  incorporation  to  be 
made  by  the  Baltimore  and  Ohio  Rail 
Road  Company  aforesaid,  the  said  com- 
pany shall  be  authorised,  within  the 
said  District,  to  make  any  special  con- 
tract with  any  corporation,  company,  or 
individual,  for  the  exclusive  use  of  any 
car,  or  of  any  part  of,  or  place  in ,  any 
car,  or  other  carriage,  on  any  rail  road 
constructed  by  the  said  company,  for  a 
specified  time  or  distance,  or  both,  or 
for  the  receipt  and  delivery,  or  the  trans- 
portation of  merchandise  or  other  valu- 


able articles,  in  boxes,  parcels,  or  pack- 
ages weighing  less  than  one-tenth  of  a 
ton,  on  such  terms  as  may  be  mutually 
agreed  on  between  the  parties :  Pro- 
vided, That  the  charge  for  the  transpor- 
tation of  merchandise  or  other  valuable 
articles  shall  not  exceed  one  cent  per 
mile  for  any  single  box,  parcel,  or  pack- 
age weighing  less  than  fifty  pounds,  and 
measuring  in  size,  not  more  than  two 
cubic  feet ;  and  for  any  heavier  or  lar- 
ger box,  parcel,  or  package,  weighing 
less  than  one-tenth  of  a  ton,  not  more 
than  two  cents  per  mile.  And  the  said 
company,  in  all  cases  where  the  whole 
of  the  merchandise,  produce,  or  other 
property,  transported  on  their  rail  road 
within  the  said  District,  at  any  one  time, 
belonging  to  the  same  person,  co-part- 
nership, or  corporation,  shall  weigh  less 
than  a  ton,  and  more  than  half  a  ton , 
shall  be  entitled  to  charge  and  receive, 
for  the  transportation  thereof,  at  the 
same  rate  per  mile  as  if  it  weighed  a  full 
ton ;  and  if  the  same  shall  weigh  less 
than  half  a  ton,  the  charge  per  mile  may  ' 
be  the  same  as  for  half  a  ton  ;  always 
estimating  a  ton  weight  to  be  two  thou- 
sand pounds. 

Sect.  3.  And  be  it  further  enacted, 
That  the  said  company  are,  also,  hereby 
empowered  to  make  such  special  con- 
tract with  any  duly  authorised  officer  or 
agent  of  the  United  States,  for  the  con- 
veyance of  the  mail,  or  the  transporta- 
tion of  persons  or  property  for  the  use  of 
the  United  States,  on  any  rail  road 
which  has  been  or  shall  be  constructed 
by  the  said  Baltimore  and  Ohio  Rail 
Road  Company,  on  such  terms  as  shall 
be  approved  of  by  the  competent  officer 
or  authority ;  and  in  all  such  instances, 
to  receive  the  compensation  so  agreed 
for,  according  to  the  terms  of  each  con- 
tract. 

Sect.  4.  And  he  it  further  enacted. 
That  the  said  Rail  Road  Company  may 
charge  and  receive,  for  taking  up  and 
settmg  down  any  passenger  or  traveller 
within  the  District,  conveyed  a  shorter 
distance  than  four  miles,  a  sum  not  ex- 
ceeding twelve  and  a  half  cents. 

Sect.  5.  And  be  it  further  enacted. 
That  unless  the  said  company  shall 
commence  the  said  lateral  rail  road 
within  one  year,  and  complete  the  same, 
with,  at  least,  one  set  of  tracks,  within 
four  years  from  the  passage  of  this  act, 
then  this  act,  and  all  the  rights  and 
privileges  thereby  granted,  shall  cease, 
and  determine. 

Sect.  G.  And  be  it  further  enacted. 
That  nothing  herein  contained  shall  be 
so  construed  as  to  prevent  the  Congress 
of  the  United  States  from  granting  the 


220] 


ANNUAL  REGISTER,  1830—31, 


same  or  similar  privileges  to  those  here- 
by granted  to  any  other  company  or 
companies,  incorporated  or  to  be  incor- 
porated by  the  State  of  Mar}' land  or 
Virginia,  or  by  Congress,  or  from  au- 
thorising, by  any  future  law,  such  addi- 
tional rail  road  or  roads,  in  connection 
with  said  road,  so  as  to  extend  the  same 
road,  or  to  construct  others  connected 
therewith,  to  such  parts  of  the  District  as 
from  time  to  time  may  be  required  by 
tlie  convenience  of  those  parts  of  the 
District  into  which  the  said  company 
are  now  restrained  from  carrying  said 
road,  or  from  enacting  such  rules  and 
regulations,  prescribing  the  speed  of 
cars  or  carriages  passing  over  said  road, 
and  other  matters  relating  thereto,  ne- 
cessary for  the  security  of  the  persons 
and  property  of  the  inhabitants  of  the 
District,  in  such  manner  as  to  the  pres- 
ent or  any  future  Congress  shall  seem 
expedient :  And  'provided,  nevertheless, 
That  nothing  herein  contained  shall  be 
construed  to  give  any  rights  or  privi- 
leges to  the  said  company,  beyond  the 
limits  of  the  District  of  Columbia. 

Sect,  7.  And  he  it  further  enacted, 
That  if  the  State  of  Maryland  shall  de- 
termine to  construct  a  rail  way  between 
the  city  of  Baltimore  and  the  District  of 
Columbia,  cr  shall  incorporate  a  com- 
pany for  the  same  purpose,  then  similar 
rights,  privileges,  immunities,  and  pow- 
ers, conferred  by  this  act  on  the  Balti- 
more and  Ohio  Rail  Road,  be,  and  the 
same  are  hereby,  conferred  on  the  State 
of  Mai-yland,  or  any  company  which 
may  be  incorporated  by  it  for  the  same 
purpose,  within  one  year  after  the  pass- 
age of  this  act. 

CHAP.  86.     An  Act  to  ascertain  and 
mark  the  line  between  the  State  of 
Alabama  and  the  Territory  of  Flor- 
ida, and  the  northern  boundary  of 
the  State  of  Illinois,  and  for  other 
purposes. 
Sect.  1.     Be   it   enacted  by  (he  Sen- 
ate and  House  of  Representatives  of  the 
United   States  of  America   in  Congress 
assembled,    That  the   President  of  the 
United  States  be,  and  he  is  hereby,  au- 
thorised to  cause  to  be  run  and  marked 
the  boundary  line  between  the  State  of 
Alabama  and  the  Territory  of  Florida, 
by  the  Surveyors   General  of  Alabama 
and  Florida,  on  the  thirtyfirst  degree  of 
north  latitude  ;   and  it  shall  be  the  duty 
of  the  Surveyor  General  of  Florida  to 
connect  the  public  surveys  on  both  sides 
with  the  line  so  run  and  marked. 

Sect.  2.  And  be  it  further  enacted. 
That  patents  shall  be  issued  for  such 
tracts  of  land  as  were  sold  and  paid  for 


at  the  land  office  at  Taliahasse,  in  the 
Territory  of  Florida,  as  are  found  to  be 
situate  within  the  limits  of  the  district 
of  lands  subject  to  sale  at  Sparta,  in 
Alabama,  agreeably  to  the  terms  of  the 
act  organising  that  district ;  and  the  said 
entries  and  sales  shall  be  as  valid,  in 
every  respect,  as  if  they  had  been  made 
in  the  land  district  of  Alabama. 

Sect.  3.  And  he  it  further  enacted, 
That  the  President  of  the  United  States 
is  hereby-  authorised  to  cause  the  Sur- 
veyor General  of  the  United  States  for 
the  States  of  Illinois  and  Missouri,  and 
the  Territory  of  Arkansas,  to  act  as  a 
commissioner  on  the  part  of  the  United 
States,  whenever  he  shall  be  duly  in- 
formed that  the  Government  of  the 
State  of  Illinois  shall  have  appointed  a 
conmiissioner  on  its  part,  the  two  to 
form  a  Board,  to  ascertain,  survey,  and 
mark  the  northern  line  of  the  State  of 
Illinois,  as  defined  in  the  act  of  Con- 
gress, entitled  '  An  act  to  enable  the 
people  of  the  Illinois  Territory  to  form 
a  Constitution  and  State  Government, 
&c.'  passed  the  eighteenth  of  April,  one 
thousand  eight  hundred  and  eighteen; 
and,  in  case  of  vacancy  in  said  office  of 
commissioner,  or  of  his  being  unable  to 
act  from  any  cause,  the  President  is 
authorised  to  fill  such  vacancy  by  the 
appointment  of  some  other  qualified 
person,  whenever  it  may  be  necessary, 
until  the  object  of  the  commission  shall 
be  attained. 

Sect.  4.  And  be  it  further  enacted, 
That  the  said  Board  of  commissioners 
shall  have  power  to  employ  the  neces- 
sary surveyors  and  laborers,  and  shall 
meet  at  such  time  and  place  as  may  be 
agreed  upon  by  the  President  of  the 
United  States  and  the  Government  of 
the  State  of  Illinois,  and  proceed  to  as- 
certain, survey,  and  mark  the  said  nor- 
thern line  of  the  State  of  Illinois,  and 
report  tlieir  proceedings  to  tlie  President 
of  tlie  United  States,  and  the  Governor 
of  the  State  of  Illinois. 

Sect.  5.  And  be  it  further  enacted. 
That  the  President  may  allow  to  the 
said  commissioner  of  the  United  States, 
such  compensation  for  his  services  as- 
shall  seem  to  him  reasonable  :  Provided, 
it  does  not  e.xceed  the  allowance  made 
by  the  State  of  Illinois  to  the  commis- 
sioner on  its  part ;  and  the  said  allow- 
ance, together  with  one  half  of  the 
necessary  expenses  of  said  Board,  and 
the  surveyors  and  laborers,  and  the  al- 
lowance to  be  made  to  the  Surveyors 
General  of  the  State  of  Alabama  and 
the  Territory  of  Florida,  and  the  neces- 
sary expenses  incurred  by  them  in  run- 
ning and  marking  said  line  between  said 


ACTS  OF  TWENTYFIRST  CONGRESS.— 2d  Session.    [221 


State  and  Territory,  shall  be  paid  from 
the  treasury  of  the  United  States,  out  of 
any  money  not  otherwise  appropriated  ; 
and,  to  enable  the  President  to  carry 
this  act  into  effect,  there  is  hereby  ap- 
propriated the  sum  of  two  thousand 
dollars. 

CHAP.  87.  An  Act  allowing  the  duties 
on  foreign  Merchandise  imported 
into  Pittsburg,  Wheeling,  Cincin- 
nati, Louisville,  StLouis,  Nashville, 
and  Natchez,  to  be  secured  and  paid 
at  those  places. 
Sect.  1.  Be  it  enacted  by  the  Sen- 
ate and  House  of  Representatives  of  the 
Untied  States  of  America  in  Congress 
assembled,  That  when  any  goods,  wares, 
or  merchandise,  are  to  be  imported  from 
any  foreign  country,  into  Pittsburg,  in 
the  State  of  Pennsylvania,  Wheeling, 
in  the  State  of  Virginia,  Cincinnati,  in 
the  State  of  Ohio,  Louisville,  in  the 
State  of  Kentucky,  St  Louis,  in  the 
State  of  Missouri,  Nashville,  in  the 
State  of  Tennessee,  or  into  Natchez,  in 
the  State  of  Mississippi ;  the  importer 
thereof,  shall  deposite  in  the  custody  of 
the  surveyor  of  the  place  a  schedule  of 
the  goods  so  intended  to  be  imported, 
with  an  estimate  of  their  cost  at  the  place 
of  exportation,  whereupon  the  said  sur- 
veyor shall  make  an  estimate  of  the 
amount  of  duties  accruing  on  the  same, 
and  the  importer  or  consignee  shall  give 
bond,  with  sufficient  sureties,  to  be  ap- 
proved by  the  surveyor,  in  double  the 
amount  of  the  duties  so  estimated,  con- 
ditioned for  the  payment  of  the  duties 
on  such  merchandise,  ascertained  as 
hereinafter  directed  ;  and  the  surveyor 
shall  forthwith  notify  the  collector  at 
New  Orleans  of  the  same,  by  forwarding 
to  him  a  copy  of  said  bond  and  schedule. 
Sect.  2.  Jlnd  be  it  further  enacted^ 
That  the  importer  or  his  agent,  is  hereby 
authorised  to  enter  any  merchandise, 
imported,  as  aforesaid,  by  the  way  of 
New  Orleans,  at  that  port,  in  the  manner 
now  prescribed  by  law ;  and  the  collec- 
tor shall  grant  a  permit  for  the  landing 
thereof,  and  cause  the  duties  to  be  as- 
certained as  in  other  cases,  the  said 
goods  remaining  in  the  custody  of  the 
collector  until  reshipped  for  the  place  of 
destination  ;  and  the  collector  shall  cer- 
tify to  the  surveyor  at  such  place  the 
amount  of  such  duties,  which  the  said 
surveyor  shall  enter  on  the  margin  of 
the  bond,  as  aforesaid  given  to  secure 
the  same,  which  goods  shall  be  delivered 
by  the  collector  to  the  agent  of  the  im- 
porter or  consignee,  duly  authorised  to 
receive  the  same,  for  shipment  to  the 
place  of  importation,  and  the  master  or 
commander  of  every  steamboat,  or  other 

19* 


vessel,  in  which  such  merchandise  shall 
be  transported,  shall,  previously  to  her 
departure  from  New  Orleans,  deliver  to 
the  collector  duplicate  manifests  of  such 
merchandise,  specifying  the  marks  and 
numbers  of  every  case,  bag,  box,  chest, 
or  package,  containing  the  same,  with 
the  name  and  place  of  residence  of  every 
importer  or  consignee  of  such  merchan- 
dise, and  the  quantity  shipped  to  each, 
to  be  by  him  subscribed,  and  to  the  truth 
of  which  he  shall  swear  or  affirm,  and 
that  the  said  goods  have  been  received 
on  board  his  vessel ;  stating  the  name 
of  the  agent,  who  shipped  the  same ; 
and  the  said  collector  shall  certify  the 
facts,  as  aforesaid,  on  the  manifests,  one 
of  which  he  shall  return  to  the  master, 
with  a  permit  thereto  annexed,  author- 
ising him  to  proceed  to  the  place  of  his 
destination. 

Sect.  3.  ^nd  be  it  further  enacted, 
That,  if  any  steamboat,  or  other  vessel, 
having  merchandise  on  board,  imported 
as  aforesaid,  shall  depart  from  New  Or- 
leans without  having  complied  with  the 
provisions  of  this  act,  the  master  thereof 
shall  forfeit  five  hundred  dollars ;  and 
the  master  of  any  such  boat  or  vessel, 
arriving  at  either  of  the  ports  above- 
named,  on  board  of  which  merchandise, 
as  aforesaid,  shall  have  been  shipped  at 
New  Orleans,  shall  within  eighteen 
hours  next  after  the  arrival,  and  pre- 
viously to  unloading  any  part  of  said 
merchandise,  deliver  to  the  surveyor 
of  such  port,  the  manifest  of  the  same, 
certified,  as  aforesaid,  by  the  collector  of 
New  Orleans,  and  shall  make  oath  or 
affirmation  before  the  said  surveyor  that 
there  was  not,  when  he  departed  from 
New  Orleans,  any  more  or  other  goods 
on  board  such  boat  or  vessel,  imported 
as  aforesaid,  than  is  therein  mentioned ; 
whereupon  the  surveyor  shall  cause  the 
said  casks,  bags,  boxes,  chests,  or  pack- 
ages, to  be  inspected,  and  compared 
with  the  manifests,  and  the  same  being 
identified,  he  shall  grant  a  permit  for 
unloading  the  same,  or  such  part  thereof 
as  the  master  shall  request,  and,  when  a 
part  only  of  such  merchandise  is  intend- 
ed to  be  landed,  the  surveyor  shall  make 
an  endorsement  on  the  back  of  the  mani- 
fests, designating  such  part,  specifying 
the  articles  to  be  landed,  and  shall  re- 
turn the  manifests  to  the  master,  endors- 
ing thereon  his  permission  to,  such  boat 
or  vessel  to  proceed  to  the  place  of  its 
destination  ;  and,  if  the  master  of  such 
steamboat  or  vessel  shall  neglect  or  re- 
fuse to  deliver  the  manifests  within  the 
time  herein  directed,  he  shall  forfeit  one 
hundred  dollars. 

Sect.  4.    .4wrf  be  it  further  enacted, 


^^] 


ANNUAL  REGISTER,  1830—31. 


That  the  collector  of  the  port  of  New 
Orleans,  shall  permit  no  ehtry  to  be 
inade  of  goods,  wares,  or  merchandise, 
where  the  duty  on  the  same  shall  ex- 
ceed the  amount  of  the  bond  deposited 
with  the  surveyor,  as  aforesaid,  nor 
shall  the  said  surveyor,  receive  the  bond 
of  any  person  not  entitled  to  a  credit  at 
the  Custom-house,  nor  for  a  sum  less 
than  fifty  dollars,  and  that,  when  the 
said  bond  shall  have  been  completed, 
and  the  actual  amount  of  duty  ascer- 
tained and  certified  on  the  margin,  as 
aforesaid,  it  shall  he  the  duty  of  the  sur- 
'  veyor  of  the  port  where  the  bond  is  tak- 
en, to  deposit  the  same  for  collection  in 
such  bank  as  may  be  directed  by  the 
secretary  of  the  treasury. 

Sect.  5.  And  be  it  further  enacted, 
That  where  Surveyors  are  not  already 
appointed,  in  any  of  the  places  mention- 
ed in  the  first  section  of  this  act,  a  sui- 
table person  shall  be  appointed  for  such 
places,  and  on  all  such  surveyors, 
whetlier  appointed  or  to  be  appointed, 
shall  devolve  the  duties  prescribed  by 
this  act,  in  addition  to  the  customary 
duties  performed  by  that  officer  in  other 
places;  and  the  surveyor  at  each  of  said 
places  shall,  before  taking  the  oath  of 
office,  give  security  to  the  United  States 
for  the  faithful  performance  of  all  his 
duties,  in  the  sum  often  thousand  dol- 
lars, and  shall  receive,  in  addition  to  his 
customary  fees,  an  annual  salary  of  three 
hundred  and  fifty  dollars  ;  Provided, 
That  no  salary  arising  under  this  act, 
shall  commence  until  its  provisions  shall 
take  efi^ect,  and  merchandise  may  be 
imported  under  its  authority. 

Sect.  6.  And  he  it  further  enacted, 
That  all  penalties  and  forfeitures  incur- 
red by  force  of  this  act  shall  be  sued  for, 
recovered,  distributed,  and  accounted  for 
in  the  manner  prescribed  by  the  act,  en- 
titled *  An  act  to  regulate  the  collection 
of  duties  on  imports  and  tonnage,'  pass- 
ed on  the  second  day  of  March,  one 
thousand  seven  hundred  and  ninety- 
nine,  and  may  be  mitigated  or  remitted 
in  the  manner  prescribed  by  the  act, 
entitled  *  An  act  to  provide  for  mitigat- 
ing or  remitting  the  forfeitures,  penal- 
ties, and  disabilities,  accruing  in  certain 
cases  therein  mentioned,'  passed  on  the 
third  day  of  March,  one  thousand  seven 
hundred  and  ninetyseven. 

CHAP.  88.  An  Act  to  repeal  the  act 
to  establish  the  district  of  Blakely. 

CHAP.  89.  An  Act  for  the  rehef  of 
Samuel  Nowell. 

CHAP.  90.  An  Act  to  incorporate  a 
Fire  Insurance  Company  in  George- 
town, in  the  District  of  Columbia. 


CHAP.  91.  An  Act  to  provide  for  the 
further  compensation  of  the  Mar- 
shal of  the  District  of  Rhode  Island. 

CHAP.  92.  An  Act  for  the  reUef  of 
certain  holders  of  certificates  issu- 
ed in  lieu  of  lands  injured  by 
earthquakes  in  Missouri. 

CHAP.  93.  An  Act  for  the  relief  of 
James  Belger. 

CHAP.  94.  An  Act  to  rectify  the  mis- 
take in  the  name  of  William  Tumey, 
an  invalid  pensioner. 

CHAP.  95.  An  Act  for  the  relief  of 
Daniel  Jackson  and  Lucius  M.  Hig- 
gins  of  Newbern,  in  North  Caro- 
lina. 

CHAP.  96.  An  Act  for  the  relief  of 
WilUam  DelzeU,  of  Ohio.     - 

CHAP.  97.  An  Act  declaring  the  as- 
sent of  Congress  to  an  act  of  the 
General  Assembly  of  the  State  of 
Ohio,  hereinafter  recited. 

Sect,  1.  Be  it  enacted  hy  the  Sen- 
ate and  House  of  Representatives  of  the 
United  States  of  America  in  Congress 
assembled,  That  the  consent  of  the  Unit- 
ed States  shall  be,  and  is  hereby,  given 
to  an  act  of  the  General  Assembly  of  the 
State  of  Ohio,  entitled  *  An  act  "for  the 
preservation  and  repair  of  the  United 
States'  Road,'  passed  the  fourth  day  of 
February,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  thirtyone, 
which  act  is  in  the  words  and  figures 
following,  to  wit : 

'  Be  it  enacted  hy  the  General  Assembly 
of  the  State  of  Ohio,  That  whenever  the 
consent  of  the  Congress  of  the  United 
States  to  this  act  shall  be  obtained,  the 
Governor  of  this  State  shall  be,  and  he 
is  hereby,  authorised  to  take  under  his 
care,  on'behalf  of  this  State,  so  much  of 
the  road  commonly  called  the  National 
Road,  within  the  limits  of  this  State,  as 
shall  then  be  finished,  and  also,  such 
other  sections  or  parts  thereof  as  may 
thereafter  be  progressively  finished  with- 
in the  limits  aforesaid,  whenever  the 
same  shall  be  completed ;  and  he  shall 
be,  and  is  hereby  authorised  to  cause 
gates  and  toll-houses  to  be  erected  on 
said  road,  at  such  finished  parts  thereof 
as  he  shall  think  proper,  for  the  purpose 
of  collecting  tolls,  as  provided"  by  the 
fourth  section  of  this  act :  Provided, 
The  number  of  gates  aforesaid  shall  not 
exceed  one  on  any  space  or  distance  of 
twenty  miles. 

Sect.  2.  That  a  superintendent  shall 
be  appointed  by  the  Governor,  whose 
duty  shall  be  to  exercise  all  reasonable 


ACTS  OP  TWENTYFIRST  CONGRESS.— 2d  Session.    [223 


vigilance  and  diligence  in  the  care  of 
the  road  comnjitted  to  his  charge  ;  to 
contract  for,  and  direct  the  application 
of  the  labor,  materials,  and  other  things 
necessary  for  the  preservation,  repair, 
and  improvement  thereof;  he  shall  pay 
for  the  same  out  of  such  sums  as  the 
Governor  shall  furnish  him  for  that  pur- 
pose, subject  to  such  responsibility  and 
accountability  as  the  said  Governor  shall 
dictate  ;  and  shall  conform  to  such  in- 
structions as  the  Governor  shall  pre- 
scribe for  his  conduct,  in  all  particulars 
relative  to  his  said  trust :  he  may  be 
empowered  to  suspend  the  functions  of 
any  toll-gatherer  for  alleged  miscon- 
duct, till  the  pleasure  of  the  Governor 
6hall  be  known,  and  to  fill  the  vacancy 
thereby  occasioned  during  such  inter- 
val ;  and  it  shall  be  his  duty  to  give  in- 
formation of  the  facts  in  such  case  to  the 
Governor,  without  any  unnecessary  de- 
lay :  the  said  superintendent  shall  hold 
his  office  during  the  pleasure  of  the 
Governor,  who  shall  allow  him  a  reas- 
onable compensation  for  his  services. 

Sect.  3.  That  the  Governor  be,  and 
he  is  hereby,  authorised  to  appoint  the 
necessary  collectors  of  tolls,  and  to  re- 
move any  of  them  at  his  pleasure  ;  ard 
also,  to  allow  them,  respectively,  such 
stipulated  compensation  as  he  may  deem 
reasonable  ;  it  shall  be  the  duty  of  each 
and  every  toll-collector  to  demand  and 
receive,  at  the  gate  or  station  assigned 
to  him  by  the  Governor,  the  tolls  pre- 
scribed and  directed  by  the  fourth  sec- 
tion of  this  act ;  and  to  pay  monthly  in- 
to the  Treasury,  according  to  the  direc- 
tions they  may  receive  from  the  Treas- 
urer of  the  State,  all  the  moneys  so 
collected  by  said  collectors,  that  shall 
remain,  after  deducting  their  compensa- 
tion aforesaid  ;  the  said  collectors  shall 
be  governed,  in  all  respects  relative  to 
their  office,  by  such  regulations  as  the 
Governor  shall  ordain,  in  order  to  en- 
sure a  due  responsibility,  and  faithful 
discharge  of  their  duties. 

Sect.  4.  That,  as  soon  as  the  said 
gates  and  toll-houses  shall  be  erected,  it 
shall  be  the  duty  of  the  said  toll-collec- 
tors, and  they  are  hereby  required,  to 
demand  and  receive  for  passing  the  said 
gates,  the  tolls  and  rates  hereafter 
mentioned ;  and  they  may  stop  any  per- 
son riding,  leading,  or  driving  any  hors- 
es, cattle,  sulky,  chair,  phaeton,  cart, 
chaise,  wagon,  sleigh,  sled,  or  other  car- 
riage of  burden  or  pleasure,  from  pass- 
ing through  the  said  gates,  until  they 
shall  respectively  have  paid  for  passing 
the  same,  that  is  to  say  :  For  every 
space  of  twenty  miles  in  length  on  saia 
road;  the  following  sums  of  money,  and 


so  in  proportion  for  every  greater  or 
lesser  distance,  to  wit:  For  every  score 
of  sheep  or  hogs,  ten  cents;  for  every 
score  of  cattle,  twenty  cents  ;  for  every 
led  or  drove  horse,  three  cents  ;  for  ev- 
ery mule  or  ass,  led  or  driven,  three 
cents ;  for  every  horse  and  rider,  six  and 
one  fourth  cents ;  for  every  sled  or 
sleigh  drawn  by  one  horse  or  ox,  twelve 
and  one  half  cents ;  for  every  horse  or 
ox  in  addition,  six  and  one  fourth  cents  ; 
for  every  dearborn,  sulky,  chair,  or 
chaise,  with  one  horse,  twelve  and  one 
half  cents;  for  every  horse  in  addition, 
six  and  one  fourth  cents ;  for  every 
chariot,  coach,  coachee,  stage  or  phaeton, 
with  two  horses,  eighteen  and  three 
fourth  cents  ;  for  every  horse  in  addi- 
tion, six  and  one  fourth  cents ;  for  every 
other  carriage  of  pleasure,  under  what- 
ever name  it  may  go,  the  like  sum,  ac- 
cording to  the  number  of  wheels  and 
horses  drawing  the  same  ;  for  every  cart 
or  wagon  whose  wheels  do  not  exceed 
the  breadth  of  two  and  one  half  inches, 
twelve  and  one  half  cents ;  for  each 
horse  or  ox  drawing  the  same,  six  and 
one  fourth  cents  ;  for  every  cart  or  wag- 
on whose  wheels  shall  exceed  two  and 
one  half  inches  in  breadth,  and  not  ex- 
ceeding four  inches,  six  and  one  fourth 
cents ;  for  every  horse  or  ox  drawing 
the  same,  three  cents  ;  and  for  every 
other  cart  or  wagon  whose  wheels  shall 
exceed  four  inches,  and  not  exceeding 
five  inches  in  breadth,  four  cents ;  for 
every  horse  or  ox  drawing  the  same,  two 
cents ;  and  all  other  wagons  or  carts 
whose  wheels  shall  exceed  six  inches  in 
breadth,  shall  pass  the  eaid  gates  free 
and  clear  of  all  tolls  :  Provided,  That 
nothing  in  this  act  shall  be  construed 
so  as  to  authorise  any  tolls  to  be  receiv- 
ed or  collected  from  any  person  passing 
to  or  from  public  worship,  or  to  or  from 
any  musters,  or  to  or  from  his  common 
business  on  his  farm  or  wood  land,  or  to 
or  from  a  funeral,  or  to  or  from  a  mill, 
or  to  or  from  his  common  place  of  trad- 
ing or  marketing,  within  the  county  in 
which  he  resides,  including  their  wag- 
ons, carriages,  and  horses  or  oxen  draw- 
ing the  same  :  Provided,  also,  That  no 
toll  shall  be  received  or  collected  for  the 
passage  of  any  stage  or  coach  conveying 
the  United  States'  mail,  or  horses  bear- 
ing the  same,  or  any  wagon  or  carriage 
laden  with  the  property  of  the  United 
States,  or  any. cavalry  or  other  troops, 
arms  or  military  stores  belonging  to  the 
same,  or  to  any  of  the  States  comprising 
this  Union,  or  any  person  or  persons  on 
duty  in  the  military  service  of  the  Unit- 
ed States,  or  of  the  militia  of  any  of  the 
States. 


ANNUAL  REGISTER,  1830—31. 


Sect.  5.  That  the  moneys  so  col- 
lected shall  constitute  a  fund,  to  be  de- 
nominated the  United  States'  Road 
Fund ;  and  so  much  thereof  as  may  be 
paid  into  the  Treasury  agreeably  to  the 
provisions  above  recited,  shall  be  sub- 
ject to  the  order  of  the  Governor,  who 
shall  pay  out  of  said  fund  the  salary  of 
the  superintendent,  and  Ihe  expenses 
incident  to  the  superintendence  and  col- 
lection, other  than  those  particularly 
provided  for  in  this  act,  and  shall  cause 
the  remaining  nett  proceeds  of  the  rev- 
enue collected  as  abovementioned,  tobe 
applied  solely  and  exclusively  to  the 
preservation,  repair,  and  improvement 
of  said  road,  and  to  no  other  purpose 
whatever. 

Sect.  6.  That  directors  shall  be  set 
up  at  proper  and  convenient  situations, 
to  caution  all  conductors  or  drivers  of 
carriages  on  the  road  aforesaid,  that  they 
shall  at  all  times  pass  on  the  left  of  each 
other,  under  the  penalty  of  five  dollars 
for  every  offence  ;  and  there  shall  also 
be  set  up  at  some  conspicuous  place  at 
each  gate,  a  board,  on  which  shall  be 
legibly  painted  the  rates  of  toll,  as  is 
provided  for  in  this  act. 

Sect.  7.  That,  if  any  of  the  toll- 
collectors  shall  unreasonably  delay  or 
hinder  any  passenger  or  traveller  at  any 
of  the  gates,  or  shall  demand  or  receive 
more  toll  than  is  by  this  act  established, 
he  shall,  for  each  and  every  such  of- 
fence, forfeit  and  pay  to  the  party  ag- 
grieved the  sum  often  dollars. 

Sect.  8.  That,  if  any  person  shall 
purposely  and  maliciously  deface,  or 
otherwise  injure  any  of  the  mile  stones, 
parapet  walls,  culverts,  or  bridges,  or 
any  of  the  masonry  whatsoever,  or  any 
of  the  gates  or  toll-houses  of  and  be- 
longing to  the  said  national  road  in  this 
State,  as  the  same  is  now  constructed, 
or  may  hereafter  be  constructed,  every 
person  so  offending  shall,  upon  convic- 
tion thereof,  be  fined  in  a  sum  not  more 
than  five  hundred  dollars,  or  be  impris- 
oned in  the  dungeon  of  the  jail  of  Ihe 
county,  and  be  fed  on  bread  and  water 
only,  not  exceeding  twenty  days,  or 
both,  at  the  discretion  of  the  court. 

Sect.  9.  That,  if  any  person  shall 
purposely  fill,  choak,  or  otherwise  ob- 
stract  any  of  the  side  drains,  valleys, 
gutters  or  culverts  of  said  road,  now 
made  or  hereafter  to  be  made,  or  shall 
connect  any  private  road  or  cartwr.y 
with  the  said  national  road,  without 
making  at  the  point  of  connection  a 
stone  culvert,  or  paved  valley,  or  other 
good  and  sufficient  fixture,  so  as  to  secure 
a  free  passage  for  the  water  along  such 
side  drain,  where  such  private  road  or 


cartway  connects  with  the  said  national 
road,  or  if  any  person  shall  purposely  and 
wilfully  travel  upon  such  parts  of  said 
national  road  as  are  or  may  be  in  an  un- 
finished state,  against  the  consent  of  the 
superintendent  appointed  by  the  United 
States,  or  by  this  State,  or  shall  remove 
any  of  the  beacons  placed  upon  the  said 
road  so  in  an  unfinished  state  as  afore- 
said, for  the  diverting  of  the  travel  on 
and  from  said  road,  every  person  so  of- 
fending shall,  upon  conviction  thereof, 
be  for  every  such  offence,  fined  inasum 
not  less  than  one  nor  more  than  ten  dol- 
lars. 

Sect.  10.  That  if  any  person  shall 
stand  his  wagon  and  team,  or  either  of 
them,  over  night,  upon  the  pavement  of 
said  road,  now  made,  or  which  may 
hereafter  be  made,  or  shall  at  any  other 
time  stand  a  wagon  and  team,  or  either 
of  them,  upon  the  said  pavement,  for 
the  purpose  of  feeding,  or  if  he  shall  in 
any  other  manner  purposely  and  wilfully 
obstruct  the  travel  upon  said  road,  ev- 
ery person  so  offending  shall,  upon  con- 
viction thereof,  for  every  such  offence, 
be  fined  in  a  sum  not  less  than  one  nor 
more  than  five  dollars. 

Sect.  11.  That  if  any  person  shall 
fast  lock  or  rough  lock  either  of  the 
wheels  of  any  wagon,  coach,  chaise, 
gig,  sulkey,  carriage,  or  other  two  or 
four  wheeled  vehicle,  while  travelling 
upon  the  pavement  of  said  road,  as  now 
made,  or  which  may  hereafter  be  made, 
(excepting  however,  such  parts  of  said 
road  as  may  be  at  the  time  of  such  lock- 
ing, covered  with  ice,)  every  person  so 
offending  shall,  upon  conviction  thereof,, 
be  fined  in  any  sum  not  less  than  one 
nor  more  than  five  dollars. 

Sect.  12.  The  supervisors  of  roads 
and  highways  through  whose  districts 
the  said  national  road  does  now  or  may 
hereafter  pass,  are  hereby  severally  au- 
thorised and  required  at  the  connection 
with,  or  intersection  of,  any  State,  coun- 
ty, or  township  road,  which  now  is  or 
hereafter  may  be  established  under  the 
laws  of  this  State  within  their  respective 
districts,  to  build  and  keep  in  repair  a 
good  aad  sufficient  stone  culvert  or  pav- 
ed valley,  or  other  good  and  sufficient 
fixture,  in  such  manner  as  to  admit  of  a 
free  passage  for  the  water  along  the  side 
drain  or  drains  of  said  national  road  at 
the  connection  or  intersection  aforesaid, 
and  according  to  the  grade  thereof,  as 
established  by  the  United  States'  super- 
intendent of  said  national  road. 

Sect.  13.  That,  for  the  purpose  of 
carrying  into  effect,  the  provisions  of 
this  act,  the  Governor  is  hereby  author- 
ised to  draw  on  the  State  Treasury  for 


ACTS  OF  TWENTYFIRST  CONGRESS.— 2d  Session.    [225 


any  sum  of  money  not  exceeding  two 
thousand  dollars,  to  be  paid  out  of  any 
money  in  the  Treasury  not  otherwise  ap- 
propriated :  Provided,  said  sum  shall  be 
refunded  to  the  State  Treasury  outof  the 
proceeds  of  the  road  fund  created  by  the 
provisions  of  this  act,  so  soon  as  the 
same  shall  be  collected. 

Sect.  14.  That  all  fines,  penalties, 
and  forfeitures,  incurred  under  the  pro- 
visions of  this  act,  shall  be  recovered  by 
indictment  in  the  Court  of  Common 
Pleas  of  the  county  where  the  offence 
was  committed,  or  by  action  of  debt,  in 
the  name  of  the  State  of  Ohio,  for  the 
use  of  the  road  fund  established  by  this 
act,  which  action  of  debt  may  be  brought 
before  any  justice  of  the  peace  or  other 
court  having  jurisdiction  thereof  in  the 
county  where  the  offence  was  commit- 
ted, or  such  fine,  penalty,  or  forfeiture 
was  incurred  ;  and  it  shall  be  the  duty 
of  the  superintendent,  toll  gatherers, 
and  of  any  other  person  who  will  com- 
plain of  the  same,  to  prosecute  all  of- 
fences against  the  provisions  of  this  act. 

.  Sect.  15.  That  it  shall  be  lawful  for 
the  General  Assembly,  at  any  future 
session  thereof,  without  the  consent  of 
Congress,  to  change,  alter,  or  amend ^ 
this  act :  Provided,  That  the  same  shall 
not  be  so  changed,  altered,  or  amended, 
as  to  reduce  or  increase  the  rates  of  toll 
hereby  established,  below  or  above  a 
sum  necessary  to  defray  the  expenses 
incident  to  the  preservation  and  repair 
of  said  road,  to  the  erection  of  gates  and 
toll-houses  thereon,  and  for  the  payment 
of  the  fees  or  salaries  of  the  superintend- 
ent, the  collectors  of  tolls,  and  of  such 
otlier  agents  as  may  be  necessarily  em- 
ployed in  the  preservation  and  repair  of 
the  same,  according  to  the  true  intent 
and  meaning  of  this  act. 

Sect.  16.  That  any  person  or  per- 
sons shall  have  the  privilege  of  paying 
at  either  of  the  said  gates,  at  the  rates 
specified  in  this  act,  the  amount  of  toll 
for  any  distance  which  such  person  or 
persons  may  desire  to  travel  on  said 
road,  and  receive  a  certificate  thereof 
from  the  collector  of  tolls  at  such  gate, 
which  certificate  shall  be  a  sutiicient 
voucher  to  procure  the  passage  of  such 
person  or  persons  through  any  other 
gate  or  gates  named  in  said  certificate  : 
Provided,  That  printed  forms  of  such 
certificates  shall  be  furnished  by  the 
superintendent  to  be  appointed  under 
the  provisions  of  this  act  to  each  collec- 
tor of  tolls,  and  shall  be  countersigned 
by  such  superintendent,  and  otherwise 
so  devised  as  to  prevent  fraud  or  impo- 
sition ;  and  no  certificate  shall  be  con- 
sidered as  valid  under  this  section  unless 


such  certificate  shall  be  authenticated 
as  aforesaid. 

Sect.  17.  That  the  act,  entitled  'An 
act  for  the  prevention  of  injuries  to  the 
national  road  in  Ohio,'  passed  February 
eleventh,  eighteen  hundred  and  twenty- 
eight,  be,  and  the  same  is  hereby,  re- 
pealed :  Provided,  however,  That  all  ac- 
tions and  prosecutions  which  may  now 
be  pending  shall  be  prosecuted  to  final 
judgment  and  execution,  and  all  oliences 
coinmitted  before  the  taking  effect  of 
this  act  shall  be  prosecuted  and  punished 
in  the  same  manner  as  if  the  abovemen- 
tioned  act  was  not  repealed.' 

CHAP.  98.     An   Act  to  regulate   the 
Foreign  and  Coasting  Trade  on  the 
Northern,  Northeastern,  and  North- 
western   frontiers   of   the    United 
States,  and  for  other  purposes. 
Sect.  1.     Be  it  enacted  hj  the  Senate 
and  House  of  Representatives  of  the  Unit- 
ed States  of  America,  in   Congress  as- 
sembled, That,  from  and  after  the  first 
day  of  April  next,  no  custom-house  fees 
shall  be  levied  or  collected  on  any  raft^ 
flat,  boat,  or  vessel,  of  the  United  States, 
entering  otherwise  than  by  sea,  at  any 
port  of  the  United  States  on  the  rivers 
and  lakes  on  our  northern,  northeast- 
ern, and  northwestern  frontiers. 

Sect.  2.  And  be  it  further  enacted, 
That,  from  and  after  the  first  day  of 
April  next,  the  same  and  no  higher  ton- 
nage duties  and  custom-house  charges 
of  any  kind  shall  be  levied  and  collected 
on  any  British  colonial  raft,  flat,  boat,  or 
vessel,  entering  otherwise  than  by  sea 
at  any  port  of  the  United  States  on  the 
rivers  and  lakes  on  our  northern,  north- 
-eastern,  and  northwestern  frontiers,  than 
may  be  levied  and  collected  on  any  raft, 
flat,  boat,  or  vessel,  entering  otherwise 
than  by  sea  at  any  of  the  ports  of  the 
British  possessions  on  our  northern, 
northeastern,  and  northwestern  fron- 
tiers :  and  that,  from  and  afler  the  first 
day  of  April  next,  no  higher  discrimin- 
ating duty  shall  be  levied  or  collected 
on  merchandise  imported  into  the  Unit- 
ed States  in  the  ports  aforesaid,  and 
otherwise  than  by  sea,  than  may  be 
levied  and  collected  on  merchandise 
when  imported  in  like  manner  otherwise 
than  by  sea,  into  the  British  possessions 
on  our  northern,  northeastern,  and 
northwestern  frontiers  from  the  United 
States. 

Ir^ECT.  3.  And  be  it  further  enacted, 
That,  from  and  afler  the  passage  of  this 
act,  any  boat,  sloop,  or  other  vessel,  of 
the  United  States,  navigating  the  waters 
on  our  northern,  northeastern,  and 
northwestern  frontiers,  otherwise  than 


226] 


ANNUAL  REGISTER,  1830—31. 


by  sea,  shall  be  enrolled  and  licensed  in 
such  form  as  may  be  prescribed  by  the 
Secretary  of  the  Treasury  ;  which  en- 
rolment and  license  shall  authorise  any 
such  boat,  sloop,  or  other  vessel,  to  be 
employed  either  in  the  coasting  or  for- 
eign trade  ;  and  no  certificate  of  registry 
shall  b©  required  for  vessels  so  employed 
on  said  frontiers ;  Provided,  That  such 
boat,  sloop,  or  vessel,  shall  be,  in  every 
other  respect  liable  to  the  rules,  regula- 
tions, and  penalties,  now  in  force,  relat- 
ing to  registered  vessels  on  our  north- 
ern, northeastern,  and  northwestern 
frontiers. 

Sect.  4.  And  he  it  further  enacted^ 
That  in  lieu  of  the  fees,  emoluments, 
salary,  and  commissions,  now  allowed 
by  law,  to  any  collector  or  surveyor  of 
any  district  on  our  northern,  northeast- 
ern, and  northwestern  lakes  and  rivers, 
each  collector  or  surveyor,  as  aforesaid, 
shall  receive,  annually,  in  full  compen- 
sation for  these  services,  an  amount 
equal  to  the  entire  compensation  receiv- 
ed by  such  officer  during  the  past  year. 

CHAP.  99.  An  Act  declaratory  of  the 
law  concerning  Contempts  of  Court. 
Sect.  1.  Be  it  enacted  by  the  Sen- 
ate and  House  of  Representatives  of  the 
United  States  of  America  in  Congress 
assembled,  That  the  power  of  the  several 
courts  of  the  United  States  to  issue  at- 
'  tachments  and  inflict  summary  punish- 
ments for  contempts  of  court,  shall  not 
be  construed  to  extend  to  any  cases  ex- 
cept the  misbehavior  of  any  person  or 
persons  in  the  presence  of  the  said 
courts,  or  so  near  thereto  as  to  obstruct 
the  administration  of  justice,  the  misbe- 
havior of  any  of  the  officers  of  the  said 
courts  in  their  official  transactions,  and 
the  disobedience  or  resistance  by  any 
officer  of  the  said  courts,  party,  juror, 
witness,  or  any  other  person  or  persons, 
to  any  lawful  writ,  process,  order,  rule, 
decree,  or  command,  of  the  said  courts. 
Sect.  2.  And  be  it  further  enacted, 
That  if  any  person  or  persons  shall, 
corruptly,  or  by  threats  or  force,  endeav- 
or to  influence,  intimidate,  or  impede 
any  juror,  witness,  or  officer,  in  any 
court  of  the  United  States,  in  the  dis- 
charge of  his  duty,  or  shall,  corruptly, 
or  by  threats  or  force,  obstruct,  or  im- 
pede, or  endeavor  to  obstruct  or  impede, 
the  due  administration  of  justice  therein, 
every  person  or  persons,  so  offending, 
shall  be  liable  to  prosecution  therefor, 
by  indictment,  and  shall,  on  conviction 
thereof,  be  punished,  by  fine  not  exceed- 
ing five  hundred  dollars,  or  by  imprison- 
ment, not  exceeding  three  months,  or 
both,  according  to  the  nature  and  aggra- 
vation of  the  offence. 


CHAP.  100.  An  Act  for  the  relief  of  the 
legal  representatives  of  Peter  Celes- 
tino  Walker  and  John  Peter  Wal- 
ker, deceased,  and  of  Joseph  Wal- 
ker, of  the  State  of  Mississippi. 
Approved,  March  2,  1831. 

CHAP.  101.  An  Act  for  the  relief  of 
William  T.  Carroll,  Clerk  of  the 
Supreme  Court  of  the  United  States. 

CHAP.  102.  An  Act  for  the  relief  of 
Beverly  Chew,  the  heirs  of  William 
Emerson,  deceased,  and  the  heirs 
of  Edwin  Lorraine,  deceased. 

CHAP.  103.  An  Act  making  appro- 
priations for  building  light-houses, 
light-boats,  beacons,  and  monu- 
ments, and  placing  buoys. 

CHAP.  104.  An  Act  for  the  benefit  of 
Percis  Lovely,  and  for  other  pur- 
poses. 

CHAP.  105.  An  Act  for  the  relief  of 
William  B.  Matthews,  trustee. 

CHAP.  106.  An  Act  for  the  relief  of 
John  Nicks. 

CHAP.  107.  An  Act  for  the  rehef  of 
Brevet  Major  Riley,  and  Lieuten- 
ants Brook  and  Seawright. 

CHAP.  108.  An  Act  for  the  relief  of 
Duval  and  Carnes. 

CHAP.  109.  An  Act  for  the  relief  of 
the  legal  representatives  of  General 
Moses  Hazen,  deceased. 

CHAP.  110.  An  Act  for  the  relief  of 
Benjamin  S.  Smoot,  of  Alabama. 

CHAP.  111.  An  Act  for  the  relief  of 
John  Nicholson. 

CHAP.  112.  An  Act  for  the  relief  of 
John  Gough,  and  other  Canadian 
refugees. 

CHAP.  113.  An  Act  to  extend  the 
patent  of  Samuel  Browning  for  a 
further  period  of  fourteen  years. 

CHAP.  114.  An  Act  for  the  relief  of 
John  Culbertson,  and  to  provide  an 
interpreter  for  the  District  Court  of 
the  United  States  for  the  eastern 
district  of  Louisiana. 

CHAP.  115.  An  Act  concerning  ves- 
sels employed  in  the  whale  fishery. 
Sect.  1.  Be  it  enacted  by  the  Sen- 
ate and  House  of  Representatives  of  the 
United  States  of  America  in  Congress  as- 
sembled, That  all  the  provisions  of  the  act 
entitled  '  An  aet  to  authorise  the  regis- 
ter or  enrolment,  and  license,  to  be  issu- 
ed in  the  name  of  the  President  or  Se- 
cretary of  any  incorporated  company 


ACTS  OF  TWENTYFIRST  CONGRESS.— 2d  Session.    [227 


owning  a  steamboat  or  vessel,'  passed 
the  third  day  of  March,  one  thousand 
eight  hundred  and  twentyfiVe,  shall  ex- 
tend and  be  applicable  to  every  ship  or 
vessel  owned  by  any  incorporated  com- 
pany, and  employed  wholly  in  the  whale 
fishery,  so  long  as  such  ship  or  vessel 
shall  be  wholly  employed  in  the  whale 
fishery. 

CHAP.  116.  An  Act  to  create  the  office 
of  Surveyor  of  the  Public  Lands  for 
the  State  of  Louisiana. 
Sect.  1.  Be  it  enacted  bij  the  Sen- 
ate and  House  of  Representatives  of  the 
United  States  of  America  in  Congress 
assembled,  That  a  Surveyor  General  for 
the  State  of  Louisiana  shall  be  appoint- 
ed, who  shall  have  the  same  authority, 
and  perform  the  same  duties,  respecting 
the  public  lands  and  private  land  claims 
in  the  State  of  Louisiana,  as  are  now 
vested  in,  and  required  of  the  Surveyor 
of  the  lands  of  the  United  States,  south 
of  the  State  of  Tennessee,  or  the  princi- 
pal Deputy  Surveyors  in  the  said  State  ; 
and  that  from  and  after  the  first  day  of 
May  next,  the  office  of  principal  Deputy 
Surveyors,  as  created  by  the  ninth  sec- 
tion of  the  act  of  Congress  of  the  twenty- 
first  day  of  April,  eighteen  hundred  and 
six,  entitled  '  An  act  supplementary  to 
an  act  entitled  "  An  act  for  ascertaining 
and  adjusting  the  titles  and  claims  to 
lands  within  the  Territory  of  Orleans 
and  District  of  Louisiana"  '  be,  and  the 
same  are  hereby,  abolished ;  and  it  shall 
be  the  duty  of  said  principal  Deputy 
Surveyors  to  surrender  to  the  Surveyor 
General  of  Louisiana  or  to  such  person 
or  persons  as  he  may  appoint  to  receive 
the  same,  all  the  maps,  books,  rfecords, 
field  notes,  documents,  and  articles  of 
every  description,  appertaining  or  in 
any  wise  belonging  to  their  offices  re- 
spectively. 

Sect.  2.  And  he  it  further  enacted, 
That  the  principal  Deputy  Surveyor 
for  the  district  east  of  the  island  of  New 
Orleans  be  and  he  hereby  is,  required  to 
separate  and  arrange  the  papers  in  his 
office  ;  and  all  the  maps,  records,  papers, 
and  documents  of  every  description 
which  refer  to  lands  in  the  State  of 
Louisiana,  shall  be  delivered  to  the  or- 
der of  the  Surveyor  General  for  that 
State  ;  and  such  of  them  as  refer  to 
lands  in  the  State  of  Alabama  shall  be 
delivered  to  tlie  surveyor  for  the  State 
of  Alabama  ;  and  such  of  them  as  refer 
to  lands  in  the  State  of  Mississippi,  to- 
gether with  such  maps,  papers,  records, 
and  documents  in  the  oflice  of  said  prin- 
cipal Deputy  Surveyor,  as  are  not  here- 
by required  to  be  delivered  to  the  Sur- 
veyor General  of  tlie  State  of  Louisiana 


or  to  the  Surveyor  for  the  State  of  Ala- 
bama, shall  be  delivered  to  the  order  of 
the  surveyor  of  the  lands  of  the  United 
States  south  of  the  State  of  Tennessee; 
and  the  office  of  said  principal  Deputy 
shall  be,  and  the  same  is  hereby  abol- 
ished from  and  after  the  first  day  of 
May  next;  and  the  powers  and  duties 
now  exercised  and  performed  by  the 
said  principal  Deputy  Surveyor  shall 
be  vested  in  and  performed  by  the  afore- 
said surveyors,  within  their  respective 
States. 

Sect.  3.  And  he  it  further  enactedy 
That  it  shall  be  the  duty  of  the  surveyor 
south  of  the  State  of  Tennessee  to  de- 
liver to  the  Surveyor  General  of  the 
State  of  Louisiana  all  the  maps,  papers, 
records,  and  documents,  relating  to  the 
public  lands,  and  private  claims  in  Lou- 
isiana, which  may  be  in  his  office  ;  and 
in  every  case  where  it  shall  be  im- 
practicable to  make  a  separation  of  such 
maps,  papers,  records,  and  documents, 
without  injury  to  the  portion  of  them 
relating  to  lands  in  Mississippi,  it  shall 
be  his  duty  to  cause  copies  thereof,  cer- 
tified by  him,  to  be  furnished  to  the  Sur- 
veyor General  of  Louisiana  and  which 
copies  shall  be  of  the  same  validity  as 
the  originals. 

Sect.  4.  And  he  it  further  enacted. 
That  the  Surveyor  General  of  Louisiana 
shall  appoint  a  sufficient  number  of  skil- 
ful and  experienced  surveyors  as  his 
deputies,  who,  with  one  or  more  good 
and  sufficient  sureties  to  be  approved  by 
said  Surveyor  General,  shall  enter  into 
bond  for  the  faithful  performance  of  all 
surveying  contracts  confided  to  them,  in 
the  penalty  of  double  the  amount  of 
money  accruing  under  the  said  contracts, 
at  the  rate  per  mile  stipulated  to  be  paid 
therein,  and  who,  before  entering  on  the 
performance  of  their  duties,  shall  take 
an  oath,  or  make  affirmation,  truly, 
faithfully,  and  impartially  to  the  utmost 
of  their  skill  and  ability,  to  execute  the 
trust  confided  to  them ;  and  in  the  event 
of  the  failure  of  a  deputy  to  comply  with 
the  terms  of  his  contract,  unless  such 
failure  shall  be  satisfactorily  shown  by 
him  to  have  arisen  from  causes  beyond 
his  control,  he  shall  forfeit  the  penalty 
of  his  bond  on  due  process  of  law,  and 
ever  afterwards  be  debarred  from  receiv- 
ing a  contract  for  surveying  public  lands 
in  Louisiana  or  elsewhere. 

Sect.  5.  And  he  it  further  enacted, 
That  the  Surveyor  General  to  be  ap- 
pointed in  pursuance  of  this  act,  shall 
establish  his  office  at  such  place  as  the 
President  of  the  United  States  rriay 
deem  most  expedient  for  the  public  ser- 
vice ;  and  that  he  shall  be  allowed  an 
annual  salary  of  two  tliousand  dollars^ 


228] 


ANNUAL  REGISTER,  1830—31. 


and  that  he  be  authorised  to  employ  one 
skilful  draughtsman  and  recording  clerk 
whose  aggregate  compensation  shall  not 
exceed'one  thousand  five  hundred  dol- 
lars per  annum  ;  and  that  the  fees  here- 
tofore authorised  by  law  for  examining 
and  recording  surveys  be,  and  the  same 
are  hereby  abolished  ;  and  any  copy  of 
a  plat  of  survey,  or  transcript  from  the 
records  of  the  office  of  the  said  Surveyor 
General,  shall  be  admitted  as  evidence 
in  any  of  the  Courts  of  the  United  States 
or  Territories  thereof;  and  for  every 
copy  of  a  plat  of  survey,  there  shall  be 
paid  twenty  five  cents,  and  for  any  trans- 
cript from  the  records  of  said  office, 
there  shall  be  paid  at  the  rate  of  twen- 
tyfive  cents  lor  every  hundred  words, 
by  the  individuals   requiring  the  same. 

Skct.  C.  And  he  it  furtJier  enacted, 
That  in  relation  to  all  such  confirmed 
claims  as  may  conflict,  or  in  any  man- 
ner interfere  with  each  other,  the  Reg- 
ister of  the  land  office  and  Receiver  of 
public  moneys  for  the  proper  land  dis- 
trict, are  hereby  authorised  to  decide 
between  the  parties,  and  shall  in  their 
decision  be  governed  by  such  conditional 
lines  or  boundaries  as  have  been  or 
may  be  agreed  upon  between  the  par- 
ties interested,  either  verbally  or  in 
writing  ;  and  in  case  no  lines  or  boun- 
daries be  agreed  upon  between  the  par- 
ties interested,  then  the  said  Register 
and  Receiver  are  hereby  authorised  to 
decide  between  the  parties  in  such  man- 
ner as  may  be  consistent  with  the  prin- 
ciples of  justice  ;  and  it  shall  be  the 
duty  of  the  Surveyor  General  of  the 
said  State  to  have  those  claims  survey- 
ed and  platted  in  accordance  with  the 
decisions  of  the  Register  and  Receiver: 
Provided,  That  the.  said  decisions  and 
surveys  and  the  patents  which  may  be 
issued  in  conformity  thereto,  shall  not 
in  any  wise  be  considered  as  precluding 
a  legal  investigation  and  decision  by  the 
proper  judicial  tribunal  between  the 
parties  to  any  such  interfering  claims, 
but  shall  only  operate  as  a  relinquish- 
ment oil  the  part  of  the  United  States 
of  all  title  to  the  land  in  question . 

Sect.  7.  And  be  it  further  enacted, 
That  all  the  lands  to  which  the  Indian 
title  has  been  extinguished  lying  north 
of  the  northern  boundary  of  the  State 
of  Illinois,  west  of  Lake  Michigan,  and 
east  of  the  Mississippi  river,  shall  be 
surveyed  in  the  same  manner,  and  un- 
der the  same  regulations,  provisions, 
restrictions  and  reservations,  as  the  other 
public  lands  are  surveyed. 

Sect.  8.  And  he  it  further  enacted, 
That  the  Legislature  of  the  State  of 
Missouri  be,  and  is  hereby  authorised  to 
sell  and  convey  in  fee  simple,  all  or  any 


part  of  the  lands  heretofore  reserved 
and  appropriated  by  Congress  for  the 
use  of  a  seminary  of  learning  in  said 
State,  and  to  invest  the  money  arisinop 
from  the  sale  thereof  in  some  productive 
fund,  the  proceeds  of  which,  shall  be 
forever  applied  by  the  Legislature  of 
said  State,  solely  to  the  use  of  such 
seminary,  and  for  no  other  use  or  pur- 
pose whatsoever.  And  that  the  Legis- 
lature of  said  State  of  Missouri  shall  be, 
and  is  hereby  authorised  to  sell  and  con- 
vey in  fee  simple  all  or  any  part  of  the 
salt  springs,  not  exceeding  twelve  in 
number,  and  six  sections  of  land  adjoin- 
ing to  each,  granted  to  said  State  by  the 
United  States  for  the  use  thereof,  and 
selected  by  the  Legislature  of  said  State, 
on  or  before  the  first  day  of  January, 
one  thousand  eight  hundred  and  twenty- 
five,  and  to  invest  the  money  arising 
from  the  sale  thereof,  in  some  produc- 
tive fund,  the  proceeds  of  which  shall 
be  forever  applied  under  the  direction 
of  said  Legislature,  for  the  purpose  of 
education  in  said  State,  and  lor  no  oth- 
er use  or  purpose  whatsoever. 
CHAP.  117.     An  Act  for  the  relief  of 

George  B.  Dameron  and  William 

Howze,  of  Mississippi. 
CHAP.  118.     An  Act  for  the  relief  of 

James  Thomas,  late  Quartermaster 

General  in  the  army  of  the  United 

States. 
CHAP.  119.     An  Act  for  the  relief  of 

Christopher  Bechtler. 
CHAP.  120.     An  Act  for  the  relief  of 

James  Hogland. 
CHAP.  121.     An  Act  gianting  a  pen- 
sion to  Martin  Miller. 
CHAP.  122.     An  Act  for  the  relief  of 

Joseph  S.  Cannon. 
CHAP.  123.     An  Act  for  the  relief  of 

Antoine  Dequindre,  and  the  legal 

representatives  of  Louis  Dequindre, 

deceased. 
CHAP.  124.     An  Act  for  the  relief  of 

Samuel   Coburn,  of  the    State    of 

Mississippi. 
CHAP.  125.     An  Act  for  the  relief  of 

Woodson  Wren,  of  Mississippi, 
Approved  March  3, 1831. 

RESOLUTIONS. 

No.  1.  Resolution  in  relation  to  the  trans- 
mission of  public  documents,  printed 
by  order  of  either  House  of  Co}igress. 
Approved  January  13,  1831. 
No.  2.   Resolution  directing  the  Secreta- 
ry of  State  to  subscribe  for  seventy 
copies  of  Peters'   condensed  reports 
of  decisions  of  the  Supreme  Court. 
Approved  March  2,  1831. 


TRIALS  AND  LEGAL  DECISIONS. 


CONSTITUTIONAL    DECISIONS 


SUPREME    COURT    OF    THE    UNITED    STATES. 


January    Term,    1831. 
The  Cherokee  Nation  vs.  The  State  of  Georgia, 


I 


'  This  case  came  before  the  Court  on  a 
motion  on  behalf  of  the  Cherokee  nation 
of  Indians  for  a  subpcena,  and  for  an  in- 
junction, to  restrain  the  State  of  Georgia, 
the  Governor,  Attorney  General,  Judg- 
es, Justices  of  the  Peace,  Sheriffs,  Dep- 
uty Sheriffs,  Constables,  and  others, 
the  officers,  agents,  and  servants  of  that 
State,  from  executing  and  enforcing  the 
laws  of  Georgia,  or  any  of  these  laws, 
or  serving  process,  or  doing  anything 
towards  the  execution  or  enforcement 
of  those  laws  within  the  Cherokee  terri- 
tory, as  designated  by  treatybetween  the 
United  States  and  the  Cherokee  nation. 
The  motion  was  made,  after  notice, 
and  a  copy  of  the  bill  filed  at  the  in- 
stance and  under  the  authority  of  the 
Cherokee  nation,  had  been  served  on 
the  Governor  and  Attorney  General  of 
the  State  of  Georgia,  on  the  27th  De- 
cember, 1830,  and  the  1st  of  January, 
1831.  The  notice  stated  that  the  mo- 
tion would  be  made  in  this  Court  on 
Saturday,  the  5th  day  of  March,  1831. 
The  bill  was  signed  by  John  Ross, 
Principal  Chief  ofthe  Cherokee  nation, 
and  an  affidavit,  in  the  usual  form,  of 
the  facts  stated  in  the  bill  was  annexed  ; 
which  was  sworn  to  before  a  Justice  of 
the  Peace  of  Richmond  county,  State  of 
Georgia. 

Messrs  Wirt  and  Sargeant  appeared 
on  behalf  of  the  complainants. 

The  facts  in  the  case  are  fully  stated 
in  the  opinion  of  the  Court. 

Mr  Chief  Justice  Marshall  delivered 
the  opinion  of  the  Court : 

This  bill  is  brought  by  the  Cherokee 
nation,  praying  an  mjunctionto  restrain 
the  State  of  Georgia  from  the  execution 

20 


of  certain  laws  of  that  State,  which,  as 
is  alleged,  go  directly  to  annihilate  the 
Cherokees  as  a  political  society,  and  to 
seize,  for  the  use  of  Georgia,  the  lands  of 
the  nation  which  have  been  assured  to 
them  by  the  United  States  in  solemn 
treaties  repeatedly  made  and  still  in  force. 

If  courts  were  permitted  to  indulge 
their  sympathies,  a  case  better  calculat- 
ed to  excite  them  can  scarcely  be  imag- 
ined. A  people  once  numerous,  power- 
ful, and  truly  independent,  found  by  our 
ancestors  in  the  quiet  and  uncontrolled 
possession  of  an  ample  domain,  gradu- 
ally sinking  beneath  our  superior  policy, 
our  arts  and  our  arms,  have  yielded  their 
lands  by  successive  treaties,  each  of 
which  contains  a  solemn  guarantee  of 
the  residue,  until  they  retain  no  more  of 
their  formerly  extensive  territorv  than 
is  deemed  necessary  to  their  eomwrtable 
subsistence.  To  preserve  this  remnant, 
the  present  application  is  made. 

Before  we  can  look  into  the  merits  of 
the  case,  a  preliminary  inquiry  presents 
itself.  Has  this  Court  jurisdiction  ofthe 
cause  ? 

The  third  article  of  the  Constitution 
describes  the  extent  of  the  judicial  pow- 
er. The  second  section  closes  an  enu- 
meration of  the  cases  to  which  it  is  ex- 
tended, with  '  controversies '  '  between 
a  State  or  the  citizens  thereof,  and  for- 
eign States,  citizens,  or  subjects.'  A 
subsequent  clause  of  the  same  section 
gives  the  Supreme  Court  original  juris- 
diction in  all  cases  in  which  a  State 
shall  be  a  party.  The  party  defendant 
may  then  unquestionably  be  sued  in 
this  court.  May  the  plaintiff  sue  in  it  ? 
Is  the  Cherokee  nation  a  foreign  State^^ 


S30] 


ANNUAL  REGISTER,  1830—31. 


in  the  sense  in  which  that  term  is  used 
in  the  Constitution  ? 

The  counsel  for  the  plaintiffs  have 
maintained  the  affirmative  of  this  propo- 
sition with  great  earnestness  and  ability. 
So  much  of  the  argument  as  was  inten- 
ded to  prove  the  character  of  the  Cher- 
okees  as  a  State,  as  a  distinct  political 
society,  separated  from  others,  capable 
of  managing  its  own  affairs  and  govern- 
ing itself,  has,  in  the  opinion  of  a  major- 
ity of  the  judges,  been  completely  suc- 
cessful. They  have  been  uniformly 
treated  as  a  State  from  the  settlement  of 
our  country.  The  numerous  treaties 
made  with  them  by  the  United  States 
recognise  them  as  a  people  capable  of 
maintaining  the  relations  of  peace  and 
war,  of  being  responsible  in  their  politi- 
cal character  for  any  violation  of  their 
engagements,  or  for  any  aggression 
committed  on  the  citizens  of  tlie  United 
States  by  any  individual  of  their  commu- 
nity. Laws  have  been  enacted  in  the 
spirit  of  these  treaties.  The  acts  of  our 
Government  plainly  recognise  the  Cher- 
okee nation  as  a  State,  and  the  Courts 
are  bound  by  those  acts. 

A  question  of  much  more  difficulty 
remains.  Do  the  Cherokees  constitute 
a  foreign  State  in  the  sense  of  the  con- 
stitution ? 

The  counsel  have  shown  conclusively 
that  they  are  not  a  State  of  the  Union, 
and  have  insisted  that  individually  they 
are  aliens,  not  owing  allegiance  to  the 
United  States.  An  aggregate  of  aliens 
composing  a  State  must,  they  say,  be  a 
foreign  State.  Each  individual  being 
foreign,  the  whole  must  be  foreign. 

This  argument  is  imposing,  but  we 
must  examine  it  more  closely  before  we 
yield  to  it.  The  condition  of  the  Indi- 
ans in  relation  to  the  United  States  is 
perhaps  unlike  that  of  any  other  two 
people  in  existence.  In  the  general, 
nations  not  owing  a  common  allegiance 
are  foreign  to  each  other.  The  term 
foreign  nation  is,  with  strict  propriety, 
applicable  by  either  to  the  other.  But 
the  relation  of  the  Indians  to  the  United 
States  is  marked  by  peculiar  and  cardi- 
nal distinctions  which  exist  nowhere  else. 

The  Indian  territory  is  admitted  to 
compose  a  part  of  the  United  States.  In 
all  our  maps,  geographical  treatises,  his- 
tories, and  laws,  it  is  so  considered.  In 
all  our  intercourse  with  foreign  na- 
tions, in  our  commercial  regulations, 
in  any  attempt  at  intercourse  between 
Indians  and  foreign  nations,  they  are 
considered  as  within  the  jurisdictional 
limits  of  the  United  States,  subject  to 
many  of  those  restraints  which  are  im- 


posed upon  our  own  citizens.  They  ac- 
knowledge themselves  in  their  treaties 
to  be  under  the  protection  of  the  United 
States;  they  admit  that  the  United  States 
shall  have  the  sole  and  exclusive  right 
of  regulating  the  trade  with  them,  and 
managing  all  their  affairs  as  they  think 
proper;  and  the  Cherokees,  in  particu- 
lar, were  allowed  by  the  treaty  of  Hope- 
well, which  preceded  the  Constitution, 
*  to  send  a  deputy  of  their  choice,  when- 
ever they  think  fit,  to  Congress  '  Trea- 
ties were  made  with  some  tribes  by  the 
State  of  New  York,  under  a  then  unset- 
tled construction  of  the  confederation, 
by  which  they  ceded  all  their  lands  to 
that  State,  taking  back  a  limited  grant 
to  themselves,  in  which  they  admit  their 
dependence. 

Though  the  Indians  are  acknowledged 
to  have  an  unquestionable,  and,  hereto- 
fore, unquestioned  right  to  the  lands 
they  occupy,  until  that  right  shall  be 
extinguished  by  a  voluntary  cession  to 
our  Government;  yet  it  may  well  be 
doubted  whether  those  tribes  which  re- 
side within  the  acknowledged  bounda- 
ries of  the  United  States  can,  with 
strict  accuracy,  be  denominated  foreign 
nations.  They  may,  more  correctly, 
perhaps,  be  denominated  domestic  de- 
pendent nations.  They  occupy  a  terri- 
tory to  which  we  assert  a  title  indepen- 
dent of  their  will,  which  must  take  ef- 
fect in  point  of  possession  when  their 
right  of  possession  ceases.  Meanwhile 
they  are  in  a  state  of  pupilage.  Their 
relation  to  the  United  States  resembles 
that  of  a  ward  to  his  guardian. 

They  look  to  our  Government  for  pro- 
tection ;  rely  upon  its  kindness  and  its 
power ;  appeal  to  it  for  relief  to  their 
wants  ;  and  address  the  President  as 
their  great  father.  They  and  their  coun- 
try are  considered  by  foreign  nations,  as 
well  as  by  ourselves,  as  being  so  com- 
pletely under  the  sovereignty  and  do- 
minion of  the  United  States,  that  any 
attempt  to  acquire  their  lands,  or  to  form 
a  political  connection  with  them,  would 
be  considered  by  all  as  an  invasion  of 
our  territory,  and  an  act  of  hostility. 

These  considerations  go  far  to  support 
the  opinion,  that  the  framers  of  our  Con- 
stitution had  not  the  Indian  tribes  in 
view,  when  they  opened  the  Couits  of 
the  Union  to  controversies  between  a 
State  or  the  citizens  thereof,  and  foreign 
States. 

In  considering  this  subject,  the  habits 
and  usages  of  the  Indians,  in  their  in- 
tercourse with  their  white  neighbors, 
ought  not  to  be  entirely  disregarded. 
At  the  time  the  Constitution  was  framed, 


LAW  CASES,  &c. 


[231 


the  idea  of  appealing  to  an  American 
Court  ofjustice  for  an  assertion  of  right 
or  a  redress  of  wrong,  had  perhaps  nev- 
er entered  the  mind  of  an  Indian  or  of 
his  tribe.  Their  appeal  was  to  the  tom- 
ahawk, or  to  the  Government.  This  was 
well  understood  by  the  statesmen  who 
framed  the  Constitution  of  the  United 
States,  and  might  furnish  some  reason 
for  omitting  to  enumerate  them  among 
the  parties  who  might  sue  in  the  Courts 
of  the  Union.  Be  this  as  it  may,  the 
peculiar  relations  between  the  United 
States  and  the  Indians  occupying  our 
territory  are  such,  that  we  should  feel 
much  difficulty  in  considering  them  as 
designated  by  the  term  foreign  state, 
were  there  no  other  part  of  the  Consti- 
tution which  might  shed  light  on  the 
meaning  of  these  words.  Butwetliink 
that  in  construing  them,  considerable 
aid  is  furnished  by  that  clause  in  the 
eighth  section  of  the  third  article,  which 
empowers  Congress  to  '  regulate  com- 
merce with  foreign  nations,  and  among 
the  several  States,  and  with  the  Indian 
tribes.' 

In  this  clause  they  are  as  clearly  con- 
tradistinguished by  a  name  appropriate 
to  themselves,  from  foreign  nations,  as 
from  the  several  States  composing  the 
Union.  They  are  designated  by  a  dis- 
tinct appellation ;  and  as  this  appellation 
can  be  applied  to  neither  of  the  others, 
neither  can  the  appellation  distinguish- 
ing either  of  the  others  be  in  fair  con- 
struction applied  to  them.  The  objects, 
to  which  the  power  of  regulating  com- 
merce might  be  directed,  are  divided 
into  three  distinct  classes — foreign  na- 
tions, the  several  States,  and  Indian 
tribes.  When  forming  this  article,  the 
convention  considered  them  as  entirely 
distinct.  We  cannot  assume  that  the 
distinction  was  lost  in  framing  a  subse- 
quent article,  unless  there  be  something 
in  its  language  to  authorise  the  assump- 
tion. 

The  counsel  for  the  plaintiffs  contend 
that  the  words  '  Indian  tribes  '  were  in- 
troduced into  the  article,  empowering 
Congress  to  regulate  commerce,  for  the 
purpose  of  removing  those  doubts  in 
which  the  management  of  Indian  af- 
fairs was  involved  by  the  language  of 
the  ninth  article  of  the  confederation. 
Intending  to  give  the  whole  power  of 
managing  those  affairs  to  the  govern- 
ment about  to  be  instituted,  the  con- 
vention conferred  it  explicitly  ;  and 
omitted  those  qualifications  which  em- 
barrassed the  exercise  of  it  as  granted 
in  the  confederation.  This  may  be 
admitted  without  weakening  the  con- 


struction which  has  been  intimated. 
Had  the  Indian  tribes  been  foreign  na- 
tions, in  the  view  of  the  convention,  this 
exclusive  power  of  regulating  inter- 
course with  them  might  have  been,  and 
most  probably  would  have  been,  speci- 
fically given,  in  language  indicating 
that  idea,  not  in  language  contradistin- 
guishing them  from  foreign  nations. 
Congress  might  have  been  empowered 
'  to  regulate  commerce  with  foreign  na- 
tions, including  the  Indian  tribes,  and 
among  the  several  States  '  This  Ian 
guage  would  have  suggested  itself  to 
statesmen  who  considered  the  Indian 
tribes  as  foreign  nations,  and  were  yet 
desirous  of  mentioning  them  particu- 
larly 

It  has  been  also  said,  that  the  same 
words  have  not  necessarily  the  same 
meaning  attached  to  them  when  found 
in  different  parts  of  the  same  instru- 
ment: their  meaning  is  controlled  by 
the  context.  This  is  undoubtedly  true. 
In  common  language  the  same  word  has 
various  meanings,  and  the  peculiar  sense 
in  which  it  is  used  in  any  sentence  is  to 
be  determined  by  the  context.  This 
may  not  be  equally  true  with  respect  to 
proper  names.  Foreign  nations  is  a  gen- 
eral term,  the  application  of  which  to 
Indian  tribes,  when  used  in  the  Ameri- 
can Constitution,  is  at  best  extremely 
questionable.  In  one  article  in  which  a 
power  is  given  to  be  exercised  in  regard 
to  foreign  nations  generally,  and  to  the 
Indian  tribes  particularly,  they  are  men- 
tioned as  separate  in  terms  clearly  con- 
tradistinguishing them  from  each  other. 
We  perceive  plainly  that  the  Constitu- 
tion iu  this  article  does  not  comprehend 
Indian  tribes  in  the  general  term  '  for- 
eign nations;'  not  we  presume  because 
a  tribe  may  not  be  a  nation,  but  because 
it  is  not  foreign  to  the  United  States. 
When,  afterwards,  the  term  *  foreign 
state'  is  introduced,  we  cannot  impute 
to  the  convention  the  intention  to  desert 
its  former  meaning,  and  to  comprehend 
Indian  tribes  withm  it,  unless  the  con- 
text force  that  construction  on  us.  We 
find  nothing  in  the  context,  and  nothing 
in  the  subject  of  the  article,  which  leads 
to  it. 

The  Court  has  bestowed  its  best  at- 
tention on  this  question,  and,  after  ma- 
ture deliberation,  the  majority  is  of 
opinion  that  an  Indian  tribe  or  nation 
within  the  United  States  is  not  a  for- 
eign state  in  the  sense  of  the  Constitu- 
tion, and  cannot  maintain  an  action  in 
the  Courts  of  the  United  States. 

A  serious  additional  objection  exists 
to  the  jurisdiction  of  the  Court.    Is  the 


232] 


ANNUAL  REGISTER,  1830—31. 


matter  of  the  bill  the  proper  subject  for 
judicial  inquiry  and  decision  ?  It  seeks 
to  restrain  a  State  from  the  forcible  ex- 
ercise of  legislative  power  over  a  neigh- 
boring people,  asserting  their  indepen- 
dence ;  their  right  to  which,  the  State 
denies.  On  several  of  the  matters  al- 
leged in  the  bill,  for  example  on  the 
laws  making  it  criminal  to  exercise  the 
usual  powers  of  self-goTi^ernment  in  their 
own  country  by  the  Cherokee  nation, 
this  Court  cannot  interpose ;  at  least  in 
the  form  in  which  those  matters  are 
presented. 

That  part  of  the  bill  which  respects 
the  land  occupied  by  the  Indians,  and 
prays  the  aid  of  the  Court  to  protect 
their  possession,  may  be  more  doubtful. 
The  mere  question  of  right  might  per- 
haps be  decided  by  this  Court  in  a  proper 
case  with  proper  parties.  But  the  Court 
is  asked  to  do  more  than  decide  on  the 
title.  The  bill  requires  us  to  control  the 
legislature  of  Georgia,  and  to  restrain 
the  exertion  of  its  physical  force.  The 
propriety  of  such  an  interposition  by  the 
Court  may  be  well  questioned.  It  sa- 
vours too  much  of  the  exercise  of  politi- 
cal power  to  be  within  the  proper  prov- 
ince of  the  judicial  department.  But 
the  opinion  on  the  point  respecting  par- 
ties makes  it  unnecessary  to  decide  this 
question. 

If  it  be  true  that  the  Cherokee  nation 
have  rights,  this  is  not  the  tribunal  in 
which  those  rights  are  to  be  asserted. 
If  it  be  true  that  wrongs  have  been  in- 
flicted, and  that  still  greater  are  to  be 
apprehended,  this  is  not  the  tribunal 
which  can  redress  the  past  or  prevent 
the  future. 

The  motion  for  an  injunction  is  denied. 

Mr  Justice  Johnson  : 

In  pursuance  of  my  practice  in  giving 
an  opinion  on  all  constitutional  ques- 
tions, I  must  present  my  views  on  this. 
With  the  morality  of  the  case  I  have  no 
concern ;  I  am  called  upon  to  consider 
it  as  a  legal  question. 

The  object  of  this  bill  is  to  claim  the 
interposition  of  this  Court  as  the  means 
of  preventing  the  State  of  Georgia,  or 
the  public  functionaries  of  the  State  of 
Georgia,  from  asserting  certain  rights 
and  powers  over  the  country  and  peo- 
ple of  the  Cherokee  nation. 

It  is  not  enough,  in  order  to  come  be- 
fore this  Court  for  relief,  that  a  case  of 
injury,  or  of  cause  to  apprehend  injury, 
should  be  made  out.  Besides  having  a 
cause  of  action,  the  complainant  must 
bring  himself  within  that  description  of 
parties,  who  alone  are  permitted,  under 


the  Constitution,  to  bring  an  original  suit 
to  this  Court. 

It  is  essential  to  such  suit  that  a  State 
of  this  Union  should  be  a  party  ;  so  says 
the  second  member  of  the  second  sec- 
tion of  the  third  article  of  the  Constitu- 
tion :  the  other  party  must,  under  the 
control  of  the  eleventh  amendment,  be 
another  State  of  the  Union,  or  a  foreign 
State.  In  this  case,  the  averment  is,  that 
the  complainant  is  a  foreign  State. 

Two  preliminary  questions  then  pre- 
sent themselves. 

1 .  Is  the  complainant  a  foreign  State 
in  the  sense  of  the  Constitution. 

2.  Is  the  case  presented  in  the  bill  one 
of  judicial  cognisance .' 

Until  these  questions  are  disposed  of, 
we  have  no  right  to  look  into  the  nature 
of  the  controversy  any  farther  than  is 
necessary  to  determine  them.  The  first 
of  the  questions  necessarily  resolves  it- 
self into  two. 

1.  Are  the  Cherokees  a  State  ? 

2.  Are  they  a  foreign  State  ? 

1.  I  cannot  but  think  that  there  are 
strong  reasons  for  doubting  the  applica- 
bility of  the  epithet  State,  to  a  people  so 
low  in  the  grade  of  organised  society  as 
our  Indian  tribes  most  generally  are. 
I  would  not  here  be  understood  as  speak- 
ing of  the  Cherokees  under  their  pres- 
ent form  of  government;  which  cer- 
tainly must  be  classed  among  the  most 
approved  forms  of  civil  government. 
Whether  it  can  be  yet  said  to  have  re- 
ceived the  consistency  which  entitles 
that  people  to  admission  into  the  family 
of  nations  is,  I  conceive,  yet  to  be  de- 
termined by  the  executive  of  these 
States.  Until  then  I  must  think  that 
we  cannot  recognise  it  as  an  existing 
State,  under  any  other  character  than 
that  which  it  has  maintained  hitherto  as 
one  of  the  Indian  tribes  or  nations. 

There  are  great  difficulties  hanging 
over  the  question,  whether  they  can  be 
considered  as  States  under  the  judiciary 
article  of  the  Constitution.  1.  They 
never  have  been  recognised  as  holding 
sovereignty  over  the  territory  they  oc- 
cupy. It  is  in  vain  now  to  inquire  into 
the  sufficiency  of  the  principle,  that  dis- 
covery gave  the  right  of  dominion  over 
the  country  discovered.  When  the 
populous  and  civilized  nations  beyond 
the  Cape  of  Good  Hope  were  visited, 
the  right  of  discovery  was  made  the 
ground  of  an  exclusive  right  to  their 
trade,  and  confined  to  that  limit.  When 
the  eastern  coast  of  this  continent,  and 
especially  the  part  we  inhabit,  was  dis- 
covered, finding  it  occupied  by  a  race  of 
hunters,  connected  in  society  by  scarce- 


LAW  CASES,  &c. 


[233 


ly  a  semblance  of  organic  government, 
the  right  was  extended  to  the  absolute 
appropriation  of  the  territory,  the  annex- 
ation of  it  to  the  domain  of  the  discov- 
erer. It  cannot  be  questioned  that  the 
right  of  sovereignty,  as  well  as  soil,  was 
notoriously  asserted  and  exercised  by 
the  European  discoverers.  From  that 
source  we  derive  our  rights,  and  there 
is  not  an  instance  of  a  cession  of  land 
from  an  Indian  nation,  in  which  the 
right  of  sovereignty  is  mentioned  as  a 
part  of  the  matter  ceded. 

It  may  be  suggested  that  they  were 
uniformly  cessions  of  land  without  in- 
habitants; and,  therefore,  words  com- 
petent to  make  a  cession  of  sovereignty 
were  unnecessary.  This,  however,  is 
not  a  full  answer,  since  soil,  as  well  as 
people,  is  the  object  of  sovereign  action, 
and  may  be  ceded  with  or  without  the 
sovereignty,  or  may  be  ceded  v/ith  the 
express  stipulation  that  the  inhabitants 
shall  remove.  In  all  the  cessions  to  us 
from  the  civilized  States  of  the  old  world, 
and  of  our  transfers  among  ourselves, 
although  of  the  same  property,  under 
the  same  circumstances,  and  even  when 
occupied  by  these  very  Indians,  the  ex- 
press cession  of  sovereignty  is  to  be 
found. 

In  the  very  treaty  of  Hopewell,  the 
language  or  evidence  of  which  is  ap- 
pealed to  as  the  leading  proof  of  the  ex- 
istence of  this  supposed  State,  we  ^nd 
the  commissioners  of  the  United  States 
expressing  themselves  in  these  terms. 
*  The  commissioners  plenipotentiary  of 
the  United  States  give  peace  to  all  the 
Cherokees,  and  receive  them  into  the 
favor  and  protection  of  the  United  States 
on  the  following  conditions.'  This  is 
certainly  the  language  of  sovereigns  and 
conquerors,  and  not  the  address  of 
equals  to  equals.  And  again,  when 
designating  the  country  they  are  to  be 
confined  to,  comprising  the  very  terri- 
tory which  is  the  subject  of  this  bill, 
they  say,  '  Article  4.  The  boundary  al- 
lotted to  the  Cherokees  for  their  hunting 
grounds,'  shall  be  as  therein  described. 
Certainly  this  is  the  language  of  conces- 
sion on  our  part,  not  theirs  ;  and  when 
the  full  bearing  and  effect  of  those 
words,  *  for  their  hunting  grounds,'  is 
considered,  it  is  difficult  to  think  that 
they  were  then  regarded  as  a  State,  or 
even  intended  to  oe  so  regarded.  It  is 
clear  that  it  was  intended  to  give  them 
no  other  rights  over  the  territory  than 
what  were  needed  by  a  race  of  hunters  ; 
and  it  is  not  easy  to  see  how  their  ad- 
vancement beyond  that  state  of  society 
could  ever  have  been  promoted,  or,  per- 

20* 


haps,  permitted,  consistently  with  the 
unquestioned  rights  of  the  States,  or 
United  States,  over  the  territory  within 
their  limits.  The  pre-emptive  right,  and 
exclusive  right  of  conquest  in  case  of 
war,  was  never  questioned  to  exist  in 
the  States,  which  circumscribed  the 
whole  or  any  part  of  the  Indian  grounds 
or  territory.  To  have  taken  it  from 
them  by  direct  means  would  have  been 
a  palpable  violation  of  their  rights.  But 
every  advance,  from  the  hunter  state  to 
a  more  fixed  state  of  society,  must  have 
a  tendency  to  impair  that  pre-emptive 
right,  and  ultimately  to  destroy  it  alto- 
gether, both  by  increasing  the  Indian 
population,  and  by  attaching  them  firmly 
to  the  soil.  The  hunter  state  bore  with- 
in itself  the  promise  of  vacating  the  ter- 
ritory, because  when  game  ceased,  the 
hunter  would  go  elsewhere  to  seek  it. 
But  a  more  fixed  state  of  society  would 
amount  to  a  permanent  destruction  of 
the  hope,  and,  of  consequence,  of  the 
beneficial  character  of  the  pre-emptive 
right. 

But  it  is  said,  that  we  have  extended 
to  them  the  means  and  inducement  to 
become  agricultural  and  civilized.  It 
is  true:  and  the  immediate  object  of 
that  policy  was  so  obvious  as  probably 
to  have  intercepted  the  view  of  ulterior 
consequences.  Independently  of  the 
general  inflluence  of  humanity,  these 
people  were  restless,  warlike,  and  sig- 
nally cruel  in  their  irruptions  during  the 
revolution.  The  policy,  therefore,  of 
enticing  them  to  the  arts  of  peace,  and 
to  those  improvements  which  war  might 
lay  desolate,  was  obvious;  and  it  was 
Wise  to  prepare  them  for  what  was  prob- 
ably then  contemplated,  to  wit,  to  in- 
corporate them  in  time  into  our  respec- 
tive governments  :  a  policy  which  their 
inveterate  habits  and  deep  seated  enmity 
has  altogether  baffled.  But  the  project 
of  ultimately  organising  them  into 
States,  within  the  limits  of  those  States 
which  had  not  ceded  or  should  not  cede 
to  the  United  States  the  jurisdiction 
over  the  Indian  territory  within  their 
bounds,  could  not  possibly  have  entered 
into  the  contemplation  of  our  Govern- 
ment. Nothing  but  express  authority 
from  the  States  could  have  justified  such 
a  policy,  pursued  with  sucn  a  view.  To 
pursue  this  subject  a  little  more  categor- 
ically— 

If  these  Indians  are  to  be  called  a 
State :  ihen, 

1.  By  whom  are  they  acknowledged 
as  such  ? 

2.  When  did  they  become  so  ? 

3.  And  what  are   the   attributes  by 


234] 


ANNUAL  REGISTER,  1830—31. 


which  they   are  identified  with  other 
States  ? 

As  to  the  first  question,  it  is  clear, 
that  as  a  State  they  are  known  to  no- 
body on  earth,  but  ourselves,  if  to  us  : 
how  then  can  they  be  said  to  be  recog- 
nised as  a  member  of  the  community  of 
nations  ?  Would  any  nation  on  earth 
treat  with  them  as  such  ?  Suppose 
when  they  occupied  the  banks  of  the 
Mississippi  or  the  sea  coast  of  Florida, 
part  of  which  in  fact  the  Seminoles  now 
occupy,  they  had  declared  war  and  is- 
sued letters  of  marque  and  reprisal 
against  us  or  Great  Britain,  would  their 
commissions  be  respected  ?  If  known 
as  a  State,  it  is  by  us  and  us  alone ;  and 
what  are  the  proofs?  The  treaty  of 
Hopewell  does  not  even  give  them  a 
name  other  than  that  of  the  Indians  ;  not 
even  nation  or  State  :  but  regards  them 
as  what  they  were,  a  band  of  hunters, 
occupying,a*  hunting  grounds,  just  what 
territory  we  chose  to  allot  them.  And 
almost  every  attribute  of  sovereignty  is 
renounced  by  them  in  that  very  treaty. 
They  acknowledge  themselves  to  be 
under  the  sole  and  exclusive  protection 
of  the  United  Stateg.  They  receive  the 
territory  allotted  to  them  as  a  boon,  from 
a  master  or  conqueror ;  the  right  of  pun- 
ishing intruders  into  that  territory  is 
conceded,  not  asserted  as  a  right;  and 
the  sole  and  exclusive  right  of  regulat- 
ing their  trade  and  managing  all  their 
affairs  in  such  manner  as  the  Govern- 
ment of  the  United  States  shall  think 
proper  ;  amounting  in  terrhs  to  a  relin- 
quishment of  all  power,  legislative,  ex- 
ecutive and  judicial  to  the  United 
States,  is  yielded  in  the  ninth  article. 

It  is  true,  that  the  twelfth  article  gives 
power  to  the  Indians  to  send  a  deputy 
to  Congress  ;  but  such  deputy,  though 
dignified  by  the  name,  was  nothing  and 
could  be  nothing  but  an  agent,  such  as 
any  other  company  might  be  represent- 
ed by.  It  cannot  be  supposed  that  he 
was  to  be  recognised  as  a  minister,  or  to 
sit  in  the  Congress  as  a  delegate.  There 
is  nothing  express  and  nothing  implied, 
that  would  clothe  him  with  the  attri- 
butes of  either  of  these  characters.  As 
to  a  seat  among  the  delegates,  it  could 
not  be  granted  to  him. 

There  is  one  consequence  that  would 
necessarily  flow  from  the  recognition  of 
this  people  aa  a  State,  which  of  itself 
must  operate  greatly  against  its  admis- 
sion. 

Where  is  the  rule  to  stop  ?  Must  ev- 
ery petty  kraal  of  Indians,  designating 
themselves  a  tribe  or  nation,  and  having 
a  few  hundred  acres  of  land  to  hunt  on 


exclusively,  be  recognised  as  a  state  ? 
We  should  indeed  force  into  the  family 
of  nations,  a  very  numerous  and  very 
heterogeneous  progeny.  The  Catawbas, 
having  indeed  a  few  more  acres  than 
the  republic  of  San  Marino,  but  consist- 
ing only  of  eighty  or  an  hundred  polls, 
would  then  be  admitted  to  the  same  dig- 
nity. They  still  clain  independence, 
and  actually  execute  their  own  penal 
laws,  such  as  they  are,  even  to  the  pun- 
ishment of  death  ;  and  have  recently 
done  io.  We  have  many  ancient  trea- 
ties with  them ;  and  no  nation  has  been 
more  distinctly  recognised,  as  far  as 
such  recognition  can  operate,  to  commu- 
nicate the  character  of  a  State, 

But,  secondly,  at  what  time  did  this 
people  acquire  the  character  of  a  State  ? 

Certainly  not  by  the  treaty  of  Hope- 
well ;  for  every  provision  of  that  treaty 
operates  to  strip  it  of  its  sovereign  attri- 
butes ;  and  nothing  subsequent  adds 
anything  to  that  treaty,  except  using  the 
word  nation  instead  of  Indians.  And  as 
to  that  article  in  the  treaty  of  Holston, 
and  repeated  in  the  treaty  of  Tellico, 
which  guaranties  to  them  their  territory, 
since  both  those  treaties  refer  to  and 
confirm  the  treaty  of  Hopewell;  on 
what  principle  can  it  be  contended  that 
the  guarantee  can  go  farther  than  to  se- 
cure to  them  that  right  over  the  terri- 
tory, which  is  conceded  by  the  Hope- 
well treaty  ;  which  interest  is  only  that 
of  hunting  grounds.  The  general  policy 
of  the  United  States,  which  always  look- 
ed to  these  Indian  lands  as  a  certain  fu- 
ture acquisition,  not  less  than  the  express 
words  of  the  treaty  of  Hopewell,  must 
so  decide  the  question. 

If  they  were  not  regarded  as  one  of 
the  family  of  nations  at  the  time  of  that 
treaty,  even  though  at  that  time  first 
subdued  and  stripped  of  the  attributes 
of  a  State,  it  is  clear  that,  to  be  regarded 
now  as  a  State,  they  must  have  resumed 
their  rank  among  nations  at  some  sub- 
sequent period.  But  at  what  subsequent 
period.?  Certainly  by  no  decisive  act 
until  they  organised  themselves  recently 
into  a  government ;  and  I  have  before 
remarked  that,  until  expressly  recog- 
nised by  the  Executive  under  that  form 
of  government,  we  cannot  recognise 
any  change  in  their  form  of  existence. 
Others  have  a  right  to  be  consulted  on 
the  admission  of  new  States  into  the 
national  family.  When  this  country 
was  first  appropriated  or  conquered  by 
the  crown  of  Great  Britain,  they  cer- 
tainly were  not  known  as  members  of 
the  community  of  nations  ;  and  if  they 
had  been,  Great  Britain  from  that  time 


LAW  CASES,  &LC. 


[235 


blotted  them  from  among  the  race  of 
sovereigns.  From  that  time  Great  Brit- 
ain considered  them  as  her  subjects 
whenever  she  chose  to  claim  their  alle- 
giance ;  and  their  country  as  hers,  both 
in  soil  and  sovereignty.  All  the  for- 
bearance exercised  towards  them  was 
considered  as  voluntary ;  and  as  their 
trade  was  more  valuable  to  her  than 
their  territory,  for  that  reason,  and  not 
from  any  supposed  want  of  right  to  ex- 
tend her  laws  over  them,  did  sne  abstain 
from  doing  so. 

And,  thirdly,  by  what  attributes  is  the 
Cherokee  nation  identified  with  other 
States  ? 

The  right  of  sovereignty  was  express- 
ly assumed  by  Great  Britain  over  their 
country  at  the  first  taking  possession  of 
it ;  and  has  never  since  been  recognised 
as  in  them,  otherwise  than  as  dependent 
•upon  the  will  of  a  superior. 

The  right  of  legislation  is  in  terms 
conceded  to  Congress  by  the  treaty  of 
Hopewell,  whenever  they  choose  to  ex- 
ercise it.  And  the  right  of  soil  is  held 
by  the  feeble  tenure  of  hunting  grounds, 
and  acknowledged  on  all  hands  subject 
to  a  restriction  to  sell  to  no  one  but  the 
United  States,  and  for  no  use  but  that 
of  Georgia. 

They  nave  in  Europe,  sovereign  and 
demi-sovereign  States,  and  States  of 
doubtful  sovereignty.  But  this  State,  if  it 
be  a  State,  is  still  a  grade  below  them  all : 
for  not  to  be  able  to  alienate  without 
permission  of  the  remainder-man  or  lord, 
places  them  in  a  state  of  feudal  depend- 
ence. 

However,  1  will  enlarge  no  more  upon 
this  point;  because  I  believe,  in  one 
view  and  in  one  only,  if  at  all,  they  are 
or  may  be  deemed  a  State,  though  not  a 
sovereign  State,  at  least  while  they  oc- 
cupy a  country  within  our  limits.  Their 
condition  is  something  like  that  of  the 
Israelites,  when  inhabiting  the  deserts. 
Though  without  land  that  they  can  call 
theirs  in  the  sense  of  property,  their 
right  of  personal  self-government  has 
never  been  taken  from  them  ;  and  such 
a  form  of  government  may  exist  though 
the  land  occupied  be  in  fact  that  of  an- 
other. The  right  to  expel  them  may 
exist  in  that  other,  but  the  alternative 
of  departing  and  retaining  the  right  of 
self-government  may  exist  in  them. 
And  such  they  certainly  do  possess  ;  it 
has  never  been  questioned,  nor  any  at- 
tempt made  at  subjugating  them  as  a 
people,  or  restraining  their  personal  lib- 
erty except  as  to  their  land  and  trade. 
Jout  in  no  sense  can  they  be  deemed 


a  foreign  State,  under  the  judiciary  ar- 
ticle. 

It  does  seem  unnecessary  on  this  point 
to  do  more  than  put  the  question,  wheth- 
er the  makers  of  the  Constitution  could 
have  intended  to  designate  them,  when 
using  the  epithets  '  foreign  '  and  '  State.' 
State,  and  foreign  State,  are  used  in  con- 
tradistinction to  each  other.  We  had 
then  just  emerged  ourselves  from  a  situ- 
ation having  much  stronger  claims  than 
the  Indians  for  admission  into  the  family 
of  nations ;  and  yet  we  were  not  adihit- 
ted  until  we  had  declared  ourselves  no 
longer  Provinces  but  States,  and  shown 
some  earnestness  and  capacity  in  assert- 
ing our  claim  to  be  enfranchised.  Can 
it  then  be  supposed,  that  when  using 
those  terms  we  meant  to  include  any 
others  than  those  who  were  admitted 
into  the  community  of  nations,  of  whom 
most  notoriously  the  Indians  were  no 
part .'' 

The  argument  is  that  they  were  States; 
and  if  not  States  of  the  Union,  must  be 
foreign  States.  But  I  think  it  very  clear 
that  the  Constitution  neither  speaks  of 
them  as  States  or  foreign  States,  but  as 
just  what  they  were,  Indian  tribes ;  an 
anomaly  unknown  to  the  books  that 
treat  of  States,  and  which  the  law  of 
nations  would  regard  as  nothing  more 
than  wandering  hordes,  held  together 
only  by  ties  of  blood  and  habit,  and  hav- 
ing neither  laws  nor  government,  be- 
yond what  is  required  in  a  savage  state. 
The  distinction  is  clearly  made  in  that 
section  which  vests  in  Congress  power 
to  regulate  commerce  between  the  Unit- 
ed States,  with  foreign  nations,  and  the 
Indian  tribes. 

The  language  must  be  applied  in  one 
of  three  senses;  either  in  that  of  the 
law  of  nations,  or  of  the  vernacular  use, 
or  that  of  the  Constitution.  In  the  first, 
although  it  means  any  State  not  subject 
to  our  laws,  yet  it  must  be  a  State,  and 
not  a  hunter  horde  :  in  the  vernacular, 
it  would  not  be  applied  to  a  people  with- 
in our  limits  and  at  our  very  doors  :  and 
in  the  Constitution  the  two  epithets  are 
used  in  direct  contradistinction.  The 
latter  words  were  unnecessary,  if  the 
first  included  the  Indian  tribes.  There 
is  no  ambiguity,  though  taken  literally; 
and  if  there  were,  facts  and  circum- 
stances altogether  remove  it. 

But  had  I  been  sitting  alone  in  this 
cause,  I  should  have  waived  the  con- 
sideration of  personal  description  alto- 
gether ;  and  put  my  rejection  of  this 
motion  upon  the  nature  of  the  claim  set 
up,  exclusively. 


236] 


ANNUAL  REGISTER,  1830—31. 


I  cannot  entertain  a  doubt  that  it  is 
one  of  a  political  character  altogether, 
and  wholly  unfit  for  the  cognisance  of 
a  judicial  tribunal.  There  is  no  possible 
view  of  the  subject,  that  I  can  perceive, 
in  which  a  court  of  justice  can  take 
jurisdiction  of  the  questions  made  in  the 
bill.  The  substance  of  its  allegations 
may  be  thus  set  out. 

That  the  complainants  have  been  from 
time  immemorial  lords  of  the  soil  they 
occupy.  That  the  limits  by  which  they 
hold  it  have  been  solemnly  designated 
and  secured  to  them  by  treaty  and  by 
laws  of  the  United  States.  That  within 
those  limits  they  have  rightfully  exer- 
cised unlimited  jurisdiction,  passing 
their  own  laws  and  administering  justice 
in  their  own  way.  That  in  violation  of 
their  just  rights  so  secured  to  them,  the 
State  of  Georgia  has  passed  laws,  au- 
thorising and  requiring  the  executive 
and  judicial  powers  of  the  State  to  enter 
their  territory  and  put  down  their  pub- 
lic functionaries.  That  in  pursuance  of 
those  laws  the  functionaries  of  Georgia 
have  entered  their  territory,  with  an 
armed  force,  and  put  down  all  powers 
egislative,  executive,  and  judicial,  exer- 
lised  under  the  government  of  the  In- 
cians. 

d  What  does  this  series  of  allegations 
exhibit  but  a  state  of  war,  and  the  fact 
of  invasion  .''  They  allege  themselves 
to  be  a  sovereign,  independent  State, 
and  set  out  that  another  sovereign  State 
has,  by  its  laws,  its  functionaries,  and 
its  armed  force,  invaded  their  State  and 
put  down  their  authority.  This  is  war 
in  fact ;  though  not  being  declared  with 
the  usual  solemnities,  it  may  perhaps  be 
called  war  in  disguise.  And  the  contest 
is  distinctly  a  contest  for  empire.  It  is 
not  a  case  of  meum  and  tuum  in  the  ju- 
dicial but  in  the  political  sense.  Not  an 
appeal  to  laws  but  to  force.  A  case  in 
which  a  sovereign  undertakes  to  assert 
his  right  upon  his  sovereign  responsi- 
bility ;  to  right  himself,  and  not  to  appeal 
to  any  arbiter  but  the  sword,  for  the 
justice  of  his  cause.  If  the  State  of 
Maine  were  to  extend  its  laws  over  the 
province  of  New  Brunswick,  and  send 
its  magistrates  to  carry  them  into  effect, 
it  would  be  a  parallel  case.  In  the  Na- 
bob of  Arcot's  case  (4  Bro.  Cha.  Ca. 
and  1  and  2  Vesey,  Jun.),  a  case  of  a 
political  character  not  one  half  so  strong- 
ly marked  as  this ;  the  Courts  of  Great 
Britain  refused  to  take  jurisdiction,  be- 
cause it  had  its  origin  in  treaties  entered 
into  between  sovereign  States  :  a  case  in 
which  the  appeal  is  to  the  sword  and  to 
Almighty  justice,   and  not  to  Courts 


of  law  or  equity.  In  the  exercise  of 
sovereign  right,  the  sovereign  is  sole 
arbiter  of  his  own  justice.  The  penalty 
of  wrong  is  war  and  subjugation. 

But  there  is  stiJl  another  ground  in 
this  case,  which  alone  would  have  pre- 
vented me  from  assuming  jurisdiction ; 
and  that  is,  the  utter  impossibility  of  do- 
ing justice,  at  least  even-handed  justice, 
between  the  parties.  As  to  restoring 
the  complainant  to  the  exercise  of  juris- 
diction, it  vni\  be  seen  at  once  that  that 
is  no  case  for  the  action  of  a  Court ;  and 
as  to  quieting  him  in  possession  of  the 
soil,  what  is  the  case  on  which  the  com- 
plainant would  have  this  Court  to  act  ? 
Either  the  Cherokee  nation  are  a  foreign 
State,  or  they  are  not.  If  they  are  not, 
then  they  cannot  come  here,  and  if  they 
are,  then  how  can  we  extend  our  juris- 
diction into  their  country  ? 

We  are  told  that  we  can  act  upon 
the  public  functionaries  in  the  State  of 
Georgia,  without  the  limits  of  the  nation. 
But  suppose  that  Georgia  should  file  a 
cross-bill,  as  she  certainly  may,  if  we 
can  entertain  jurisdiction  in  this  case ; 
and  should  in  her  bill  claim  to  be  put 
in  possession  of  the  whole  Indian  coun- 
try ;  and  we  should  decide  in  her  favor; 
how  is  that  decree  to  be  carried  into 
effect.?  Say  as  to  soil;  as  to  jurisdiction 
it  is  not  even  to  be  considered.  From 
the  complainant's  own  showing  we 
could  not  do  justice  between  the  parties. 
Nor  must  I  be  considered  as  admitting 
that  this  Court  could  even  upon  the 
other  alternative  exercise  a  jurisdiction 
over  the  person,  respecting  lands  under 
the  jurisdiction  of  a  foreign  nation.  I 
know  of  no  such  instance.  In  Penn  r5. 
Lord  Baltimore,  the  persons  were  in 
England  and  the  land  within  the  King's 
dominions  though  in  America. 

There  is  still  another  view  in  which 
this  cause  of  action  may  be  considered 
in  regard  to  its  political  nature.  The 
United  States  finding  themselves  involv- 
ed in  conflicting  treaties,  or  at  least  in 
two  treaties  respecting  the  same  proper- 
ty, under  which  two  parties  assert 
conflicting  claims ;  one  of  the  parties, 
putting  itself  upon  its  sovereign  right, 
passes  laws  which  in  effect  declare  the 
laws  and  treaties  under  which  the  other 
party  claims,  null  and  void.  It  proceeds 
to  carry  into  effect  those  laws  by  means 
of  physical  force  ;  and  the  other  party 
appeals  to  the  Executive  department  for 
protection.  Being  disappointed  there, 
the  party  appeals  to  this  Court,  indi- 
rectly to  compel  the  Executive  to  pur- 
sue a  course  of  policy,  which  his  sense 
of  duty  or  ideas  of  the  law  may  indicate 


LAW  CASES,  &c. 


[23T 


fihould  not  be  pursued.  That  is,  to  de- 
clare war  against  a  State,  or  to  use  the 
public  force  to  repel  the  force  and  resist 
the  laws  of  a  State,  when  his  judgment 
tells  him  the  evils  to  grow  out  of  such 
a  course  may  be  incalculable. 

What  these  people  may  have  a  right 
to  claim  of  the  Executive  power  is  one 
thing  :  whether  we  are  to  be  the  instru- 
ments to  compel  another  branch  of  the 
Government  to  make  good  the  stipula- 
tions of  treaties,  is  a  very  different  ques- 
tion. Courts  of  justice  are  properly 
excluded  from  all  considerations  of  poli- 
cy, and  therefore  are  very  unfit  in- 
struments to  control  the  action  of  that 
branch  of  Government ;  which  may 
often  be  compelled  by  the  highest  con- 
siderations of  public  policy  to  withhold 
even  the  exercise  of  a  positive  duty. 

'There  is,  then,  a  great  deal  of  good 
sense  in  the  rule  laid  down  in  the  Nabob 
of  Arcot's  case,  to  wit,  that  as  between 
sovereigns,  breaches  of  treaty  were  not 
breaches  of  contract  cognisable  in  a 
Court  of  justice  ;  independent  of  the 
general  principle  that  for  their  political 
acts  States  were  not  amenable  to  tribu- 
nals of  justice. 

There  is  yet  another  view  of  this  sub- 
ject, which  forbids  our  taking  jurisdic- 
tion. There  is  a  law  of  the  United 
States,  which  purports  to  make  every 
trespass  set  out  in  the  bill  to  be  an 
offence  cognisable  in  the  Courts  of  the 
United  States.  I  mean  the  act  of  1802, 
which  makes  it  penal  to  violate  the  In- 
dian territory. 

The  infraction  of  this  law  is  in  effect 
the  burden  of  complaint.  What  then  in 
fact  is  this  bill,  but  a  bill  to  obtain  an 
injunction  against  the  commission  of 
crimes  .'  If  their  territory  has  been  tres- 
passed upon  against  the  provisions  of 
that  act,  no  law  of  Georgia  could  repeal 
that  act  or  justify  the  violation  of  its 
provisions.  And  the  remedy  lies  in  an- 
other Court  and  form  of  action,  or  another 
branch  of  jurisprudence. 

I  cannot  take  leave  of  the  case  with- 
out one  remark  upon  the  leading  argu- 
ment, on  which  the  exercise  of  jurisdic- 
tion here  over  cases  occurring  in  the 
Indian  country  has  been  claimed  for  the 
complainant.  Which  was,  that  the  Unit- 
ed States  in  fact  exercised  jurisdiction 
over  it  by  means  of  this  and  other  acts, 
to  punish  offences  committed  there. 

But  this  argument  cannot  bear  the  test 
of  principle.  For  the  jurisdiction  of  a 
country  may  be  exercised  over  her  citi- 
zens wherever  they  are,  in  right  of  their 
allegiance  ;  as  it  has  been  in  the  in- 
itance  of  punishing  offences  committed 


against  the  Indians.  And,  also,  both 
\inder  the  Constitution  and  the  treaty  of 
Hopewell,  the  power  of  Congress  ex- 
tends to  regulating  their  trade,  neces- 
sarily withm  their  limits.  But  this 
cannot  sanction  the  exercise  of  jurisdic- 
tion beyond  the  policy  of  the  acts  them- 
selves ;  which  are  altogether  penal  in 
their  provisions. 

I  vote  for  rejecting  the  motion. 

Mr  Justice  Baldwin : 

As  jurisdiction  is  the  first  question 
which  must  arise  in  every  cause,  I  have 
confined  my  examination  of  this,  entirely 
to  that  point,  and  that  branch  of  it  which 
relates  to  the  capacity  of  the  plaintiffs 
to  ask  the  interposition  of  this  Court.  1 
concur  in  the  opinion  of  the  Court  in 
dismissing  the  bill,  but  not  for  the  rea- 
sons assigned. 

In  my  opinion  there  is  no  plaintiff  in 
in  this  suit ;  and  this  opinion  precludes 
any  examination  into  the  merits  of  the 
bill,  or  the  weight  of  any  minor  objec- 
tions. My  judgment  stops  me  at  the 
threshold,  and  forbids  me  to  examine 
into  the  acts  complained  of. 

As  the  reasons  for  the  judgment  of 
the  Court  seem  to  me  more  important 
than  the  judgment  itself,  in  its  effects 
on  the  peace  of  the  country  and  the 
condition  of  the  complainants,  and  as  I 
stand  alone  on  one  question  of  vital 
concern  to  both,  I  must  give  my  rea- 
sons in  full.  The  opinion  of  this  Court 
is  of  high  authority  in  itself;  and  the 
judge  who  delivers  it  has  a  support  as 
strong  in  moral  influence  over  public 
opinion,  as  any  human  tribunal  can  im- 
part The  judge,  who  stands  alone  in 
decided  dissent,  on  matters  of  the  infin- 
ite magnitude  which  this  case  presents, 
must  sink  under  the  continued  and  un- 
equal struggle,  unless  he  can  fix  him- 
self by  a  firm  hold  on  the  constitution 
and  laws  of  the  country.  He  must  be 
presumed  to  be  in  the  wrong,  until  he 
proves  himself  to  be  in  the  right.  Not 
shrinking  even  from  this  fearful  issue, 
I  proceed  to  consider  the  only  question 
which  I  shall  ever  examine  in  relation 
to  the  rights  of  Indians  to  sue  in  the 
Federal  Courts,  until  convinced  of  my 
error  in  my  present  convictions. 

My  view  of  the  plaintiffs  being  a  sov- 
ereign independent  nation  or  foreign 
state,  within  the  meaning  of  the  Con- 
stitution, applies  to  all  the  tribes  with 
whom  the  United  States  have  held  trea- 
ties :  for  if  one  is  a  foreign  nation  or 
state,  all  others  in  like  condition  must 
be  so  in  their  aggregate  capacity  ;  and 
each  of  their  subjects  or  citizens,  aliens, 


238] 


ANNUAL  REGISTER,  1830--31. 


capable  of  suing  in  the  Circuit  Courts. 
This  case  then  is  the  case  of  the  count- 
less tribes,  who  occupy  tracts  of  our 
vast  domain  ;  who,  in  their  collective 
and  individual  characters,  as  states  or 
aliens,  will  rush  to  the  Federal  Courts  in 
endless  controversies,  growing  out  of  the 
laws  of  the  States  or  of  Congress, 

In  the  spirit  of  the  maxim  ohsta  prin- 
cipiis,  I  shall  first  proceed  to  the  con- 
sideration of  the  proceedings  of  the  old 
Congress,  from  the  commencement  of 
the  revolution  up  to  the  adoption  of  the 
Constitution  ;  so  as  to  ascertain  whether 
the  Indians  were  considered  and  treated 
with  as  tribes  of  savages,  or  independent 
nations,  foreign  states  on  an  equality 
with  any  other  foreign  state  or  nation ; 
and  whether  Indian  affairs  were  viewed 
as  those  of  foreign  nations,  and  in  con- 
nection with  this  view,  refer  to  the  acts 
of  the  Federal  Government  on  the  same 
subject. 

In  1781  (1  Laws  U.  S.  586,  &c.)  a 
department  for  foreign  affairs  was  es- 
tablished, to  which  was  entrusted  all 
correspondence  and  communication  with 
the  ministers  or  other  officers  of  foreign 
powers,  to  be  carried  on  through  that 
office ;  also  with  the  Governors  and 
Presidents  of  the  several  States  ;  and  to 
receive  the  applications  of  all  foreigners, 
letters  of  sovereign  powers,  plans  of 
treaties,  conventions,  &c.  and  other 
acts  of  Congress  relative  to  the  depart- 
ment of  foreign  affairs ;  and  all  commu- 
nications as  well  to  as  from  the  United 
States  in  Congress  assembled,  were  to 
be  made  through  the  Secretary,  and  all 
papers  on  the  subject  of  foreign  affairs  to 
be  addressed  to  him.  The  same  depart- 
ment was  established  under  the  present 
Constitution  in  1789, and  with  the  same 
exclusive  control  over  all  the  foreign 
concerns  of  this  Government  with  for- 
eign states  or  princes.  (2  Laws  U  S.  6, 
7.)  In  July  1775,  Congress  established 
a  department  of  Indian  affairs,  to  be 
conducted  under  the  superintendence  of 
commissioners.  (1.  Laws  U.  S.  597.) 
By  the  ordinance  of  August  1786,  for 
the  regulation  of  Indian  affairs,  they 
were  placed  under  the  control  of  the 
war  department,  (1  Laws  U.  S.  614,) 
continued  there  by  the  act  of  August 
1789  (2  Laws  U.  S.  32,  33,)  under  whose 
direction  they  have  ever  since  remained. 
It  is  clear  then,  that  neither  the  old  or 
new  government  did  ever  consider  In- 
dian affairs,  the  regulation  of  our  inter- 
course or  treaties  with  them,  as  form- 
ing any  part  of  our  foreign  affairs  or 
concerns  with  foreign  nations,  states, 
or  princes. 


I  will  next  inquire  how  the  Indians 
were  considered  ;  whether  as  indepen- 
dent nations  or  tribes,  with  whom  our 
intercourse  must  be  regulated  by  the 
law  of  circumstances.  In  this  exam- 
ination it  will  be  found  that  different 
words  have  been  applied  to  them  in 
treaties  and  resolutions  of  Congress ; 
nations,  tribes,  hordes,  savages,  chiefs, 
sachems  and  warriors  of  the  Cherokees 
for  instance,  or  the  Cherokee  nation.  I 
shall  not  stop  to  inquire  into  the  effect 
which  a  name  or  title  can  give  to  a  re- 
solve of  Congress,  a  treaty  or  conven- 
tion with  the  Indians,  but  into  the  sub- 
stance of  the  thing  done,  and  the  sub- 
ject matter  acted  on:  believing  it  re- 
quires no  reasoning  to  prove  that  the 
omission  of  the  words  prince,  state, 
sovereignty,  or  nation,  cannot  divest  a 
contracting  party  of  these  national  at- 
tributes, which  are  inherent  in  sovereign 
power  pre  and  self  existing,  or  confier 
them  by  their  use,  where  all  the  sub- 
stantial requisites  of  sovereignty  are 
wanting. 

The  proceedings  of  the  old  Congress, 
will  be  found  in  1 ,  Laws  U.  S.  597,  com- 
mencing 1st  June  1775,  and  ending  1st 
September  1788,  of  which  some  extracts 
will  be  given.  30th  June  1775,  '  Re- 
solved, that  the  committee  for  Indian 
affairs  do  prepare  proper  talks  to  the  seve- 
ral tribes  of  Indians.  As  the  Indians  de- 
pend on  the  Colonists  for  arms,  ammu- 
nition and  clothing,  which  are  become 
necessary  for  their  subsistence.'  'That 
the  commissioneis  have  power  to  treat 
with  the  Indians ;'  '  to  take  to  their  as- 
sistance gentlemen  of  influence  among 
the  Indians.'  '  To  preserve  the  confi- 
dence and  friendship  of  the  Indians,  and 
prevent  their  suffering  for  want  of  the 
necessaries  of  life,  £40,000  sterling  of 
Indian  goods,  be  imported.'  '  No  person 
shall  be  permitted  to  trade  with  the 
Indians  without  a  license  ;'  *  traders 
shall  sell  their  goods  at  reasonable  prices } 
allow  them  to  the  Indians  for  their 
skins,  and  take  no  advantage  of  their 
distress  and  intemperance  ;'  '  the  trade 
to  be  only  at  posts  designated  by  the  com- 
missioners.' Specimens  of  the  kind 
of  intercourse  between  the  Congress 
and  deputations  of  Indians  may  be  seen 
in  pages  602  and  603.  They  need  no 
incorporation  into  a  judicial  opinion. 

In  1782,  a  committee  of  Congress  re- 
port, that  all  the  lands  belonging  to  the 
six  nations  of  Indians  have  been  in  due 
form  put  under  the  crown  as  appendent 
to  the  government  of  New  York,  so  far 
as  respects  jurisdiction  only  ;  that  that 
colony  has  borne  the  burthen  of  protect- 


LAW  CASES,  &c. 


[239 


ing  and  supporting  the  Six  Nations  of 
Indians  and  their  tributaries  for  one 
hundred  years,  as  the  dependents  and 
allies  of  that  government;  that  the 
crown  of  England  has  always  consider- 
ed and  treated  the  country  of  the  Six 
Nations  as  one  appendent  to  the  govern- 
ment of  New  York ;  that  they  have 
been  so  recognised  and  admitted  by  their 
public  acts  by  Massachusetts,  Connec- 
ticut, Pennsylvania,  Maryland  and  Vir- 
ginia ;  that  by  accepting  this  cession, 
the  jurisdiction  of  the  whole  western 
territory,  belonging  to  the  Six  Nations 
and  their  tributaries,  will  be  vested  in 
the  United  States,  greatly  to  the  advan- 
tage of  the  Union  (p.  606.)  The  ces- 
sion alluded  to  is  the  one  from  New 
York,  March  1st,  1781,  of  the  soil  and 
jurisdiction  of  all  the  land  in  their  char- 
ter west  of  the  present  boundary  of 
Pennsylvania  (1  Laws  U.  S.  471,)  which 
was  executed  in  Congress  and  accepted. 

This  makes  it  necessary  to  break  in 
on  the  historical  trace  of  our  Indian 
affairs,  and  follow  up  this  subject  to  the 
adoption  of  the  Constitution.  The  ces- 
sion from  Virginia  in  1784  was  of  soil 
and  jurisdiction.  So  from  Massachusetts 
in  1785,  from  Connecticut  in  1800,  from 
South  Carolina  in  1787,  from  Georgia 
in  1802.  North  Carolina  made  a  partial 
cession  of  land,  but  a  full  one  of  her 
sovereignty  and  jurisdiction  of  all  with- 
out her  present  limits  in  1789.  (2  Laws 
United  States  85.) 

Some  states  made  reservations  of  lands 
to  a  small  amount,  but,  by  the  terms  of 
the  cession,  new  States  were  to  be  form- 
ed within  the  ceded  boundaries,  to  be 
admitted  into  the  union  on  an  equal 
footing  with  the  original  States ;  of 
course,  not  shorn  of  their  powers  of 
sovereignty  and  jurisdiction  within  the 
boundaries  assigned  by  Congress  to  the 
new  States.  In  this  spirit  Congress 
passed  the  celebrated  ordinance  of  July 
1787,  by  which  they  assumed  the  gov- 
ernment of  the  northwestern  territory, 
paying  no  regard  to  Indian  jurisdiction, 
sovereignty,  or  their  political  rights, 
except  providing  for  their  protection ; 
authorising  the  adoption  of  laws  '  which, 
for  the  prevention  of  crimes  and  inju- 
ries, shall  have  force  in  all  parts  of  the 
district ;  and  for  the  execution  of  pro- 
cess, civil  and  criminal,  the  Governor 
has  power  to  make  proper  division 
thereof  (1  Laws  United  States,  477.) 
By  the  fourth  article  the  said  territory, 
and  the  States  which  may  be  formed 
therein,  shall  forever  remain  a  part  of 
this  confederacy  of  the  United  States ; 
subject  to  the  articles  of  confederation, 


alterations  constitutionally   made,  the 
acts  and  ordinances  of  Congress. 

This  shows  the  clear  meaning  and 
understanding  of  all  the  ceding  States, 
and  of  Congress,  in  accepting  the  ces- 
sion of  their  western  lands  up  to  the 
time  of  the  adoption  of  the  Constitution. 
The  application  of  these  acts  to  the  pro- 
visions of  the  Constitution  will  be  con- 
sidered hereafler.  A  few  more  refer- 
ences to  the  proceedings  of  the  old  Con- 
gress in  relation  to  the  Indian  nations 
will  close  this  view  of  the  case. 

In  1782,  a  committee,  to  whom  was 
referred  a  letter  from  the  Secretary  at 
war,  reported  *  that  they  have  had  a 
conference  with  the  two  deputies  from 
the  Catawba  nation  of  Indians ;  that 
their  mission  respects  certain  tracts  of 
land  reserved  for  their  use  in  the  State 
of  South  Carolina,  which  they  wish 
may  be  so  secured  to  their  tribe,  as  not 
to  be  intruded  into  by  force,  nor  alien- 
ated even  with  their  own  consent : 
whereupon,  resolved,  that  it  be  recom- 
mended to  the  legislature  of  South  Car- 
olina to  take  such  measures  for  the  sat- 
isfaction and  security  of  the  said  tribe, 
as  the  said  Legislature  shall  in  their 
wisdom  think  fit.'  (I  Laws  United  States , 
667.)  Afler  this,  the  Catawbas  cannot 
well  be  considered  an  independent  na- 
tion or  foreign  state.  In  September 
1783,  shortly  afler  the  preliminary  treaty 
of  peace.  Congress,  exercising  the  pow- 
ers of  acknowledged  independence  and 
sovereignty,  issued  a  proclamation  be- 
ginning in  these  words,  '  whereas,  by 
the  ninth  of  the  articles  of  confederation, 
it  is,  among  other  things  declared,  that 
the  United  States,  in  Congress  assem 
bled,  have  the  sole  and  exclusive  right 
and  power  of  regulating  the  trade,  and 
managing  all  affairs  with  the  Indians 
not  members  of  any  of  the  States,  pro- 
vided that  the  legislative  right  of  every 
State,  within  its  own  limits,  be  not  in- 
fringed or  violated,'  prohibiting  settle- 
ments on  lands  inhabited  or  claimed  by 
Indians,  without  the  limits  or  jurisdic- 
tion of  any  particular  State,  and  from 
purchasing  or  receiving  gifts  of  land, 
without  the  express  authority  and  di- 
rections of  the  United  States  in  Con- 
gress assembled.  Conventions  were  to 
be  held  with  the  Indians  in  the  north- 
ern and  middle  departments  for  the 
purpose  of  receiving  them  into  the  favor 
and  protection  of  the  United  States,  and 
of  establishing  boundary  lines  of  prop- 
erty, for  separating  and  dividing  the 
settlements  of  the  citizens  from  the  In- 
dian villages  and  hunting  grounds,  &c. 
'  Resolved,  that  the  preceding  measures 


240] 


ANNUAL  REGISTER,  1830-^1. 


of  Congress,  relative  to  Indian  affairs, 
shall  not  be  construed  to  affect  the  ter- 
ritorial claims  of  any  of  the  States,  or 
their  legislative  rights  within  their  re- 
spective limits.  Resolved,  that  it  will 
be  wise  and  necessary  to  erect  a  district 
of  the  western  territory  into  a  distinct 
government,  and  that  a  committee  be 
appointed  to  prepare  a  plan  for  a  tem- 
porary government  until  the  inhabitants 
shall  form  a  *  permanent  Constitution 
for  themselves,  and  as  citizens  of  a  free, 
sovereign,  and  independent  State,  be 
admitted  to  a  representation  in  the 
Union.'  In  1786,  a  general  ordinance 
was  passed  for  the  regulation  of  Indian 
affairs  under  the  authority  of  the  ninth 
article  of  the  confederation,  which 
throws  much  light  on  our  relations  with 
them.  (P.  614).  It  closes  with  a  direc- 
tion, that  in  all  cases  where  transactions 
with  any  nation  or  tribe  of  Indians  shall 
become  necessary  for  the  purposes  of 
the  ordinance,  which  cannot  be  done 
without  interfering  with  the  legislative 
rights  of  a  State,  the  superintendent 
within  whose  district  the  same  shall 
happen,  shall  act  in  conjunction  with 
the  authority  of  such  State. 

Afler  accepting  the  cessions  of  the 
soil  and  jurisdiction  of  the  western  ter- 
ritory, and  resolving  to  form  a  tempo- 
rary government,  and  create  new,  free, 
sovereign,  andjindependent  States,  Con- 
gress resolved,  in  March  1785,  to  hold 
a  treaty  with  the  western  Indians,  They 
gave  instructions  to  the  commissioners, 
in  strict  conformity  with  their  preceding 
resolutions,  both  of  which  were  wholly 
incompatible  with  the  national  or  sove- 
reign character  of  the  Indians  with  whom 
they  were  about  to  treat.  They  will  be 
found  in  pages  611,  &c.  and  need  not 
be  particularised. 

I  now  proceed  to  the  instructions 
which  preceded  the  treaty  of  Hopewell 
with  the  complainants,  the  treaty,  and 
the  consequent  proceedings  of  Congress. 
On  the  15th  March,  1785,  commission- 
ers were  appointed  to  treat  with  the 
Cherokees,  and  other  Indians  southward 
of  them,  within  the  limits  of  the  United 
States,  or  who  have  been  at  war  with 
them,  for  the  purpose  of  making  peace 
with  them,  and  of  receiving  them  into 
the  favor  and  protection  of  the  United 
States,  &c.  They  were  instructed  to 
demand  that  all  prisoners,  negroes  and 
other  property  taken  during  the  war  be 
given  up;  to  inform  the  Indians  of  the 
great  occurrences  of  the  last  war;  of 
the  extent  of  country  relinquished  by 
the  late  treaty  of  peace  v/ith  Great 
Britain ;  to  give  notice  to  the  Governors 
of  Virginia,  North  and  South  Carolina 


and  Georgia,  that  they  may  attend  if 
they  thinK  proper :  and  were  author- 
ised to  expend  four  thousand  dollars  in 
making  presents  to  the  Indians ;  a  mat- 
ter well  understood  in  making  Indian 
treaties,  b»t  unknown  at  least  in  our 
treaties  with  foreign  nations,  princes 
or  states,  unless  on  the  Barbary  coast. 
A  treaty  was  accordingly  made  in  No- 
vember following,  between  the  commis- 
sioners plenipotentiaries  of  the  United 
States  of  the  one  part,  and  the  head  men 
and  warriors  of  all  the  Cherokees  of  the 
other.  The  word  nation  is  not  used  in 
the  preamble  or  any  part  of  the  treaty, 
so  that  we  are  lefl  to  infer  the  capacity 
in  which  the  Cherokees  contracted, 
whether  as  an  independent  nation,  or 
foreign  state,  or  a  tribe  of  Indians,  frgm 
the  terms  of  the  treaty,  its  stipulations 
and  conditions.  *  The  Indians  for  them- 
selves and  their  respective  tribes  and 
towns,  do  acknowledge  all  the  Chero- 
kees to  be  under  the  protection  of  the 
United  States.'  (Article  3d  1  Laws  U.  S. 
322)  '  The  boundary  allotted  to  the 
Cherokees  for  their  hunting  grounds 
between  the  said  Indians  and  the  citi- 
zens of  the  United  States,  within  the 
limits  of  the  United  States,  is  and  shall 
be  the  following,'  viz.  (as  defined  in 
Article  4th.)  '  For  the  benefit  and  com- 
fort of  the  Indians,  and  for  the  preven- 
tion of  injuries  and  aggressions  on  the 
part  of  the  citizens  or  Indians,  the 
United  States  in  Congress  assembled 
shall  have  the  sole  and  exclusive  right 
of  regulating  the  trade  with  the  Indians 
and  managing  all  their  affairs  in  such 
manner  as  they  shall  think  proper.' 
(Article  9.) '  That  the  Indians  may  have 
full  confidence  in  the  justice  of  the 
United  States,  respecting  their  interests, 
they  shall  have  the  right  to  send  a  dep- 
uty of  their  choice  whenever  they  think 
fit  to  Congress.'     (Article  12th.) 

This  treaty  is  in  the  beginning,  called 
'  Article  :'  the  word  ♦  treaty  '  is  only 
to  be  found  in  th«  concluding  line, 
where  it  is  called  '  this  definitive  treaty.' 
But  article  or  treaty,  its  nature  does  not 
depend  upon  the  name  given  it.  It  is 
not  negotiated  between  ministers  on 
both  sides  representing  their  nations ; 
the  stipulations  are  wholly  inconsistent 
with  sovereignty  ;  the  Indians  acknowl- 
edge their  dependent  character;  hold 
the  lands  they  occupy  as  an  allotment 
of  hunting  grounds ;  give  to  Congress 
the  exclusive  right  of  regulating  their 
trade  and  managing  all  their  affairs  as 
they  may  think  proper.  So  it  was  un- 
derstood by  Congress  as  declared  by 
them  in  their  proclamation  of  1st  Sep. 
tember  1788  (1  Laws  U.  S.  619,)  and 


LAW  CASES,  &.C. 


[im 


SO  understood  at  the  adoption  of  the 
Constitution. 

The  meaning  of  the  words  '  deputy  to 
Congress  '  in  the  twelfth  article,  may  be 
as  a  person  having  a  right  to  sit  in  that 
body,  as  at  that  time  it  was  composed  of 
delegates  or  deputies  from  the  States, 
not  as  at  present,  representatives  of  the 
people  of  the  States ;  or  it  may  be  as  an 
agent  or  minister.  But  if  the  former 
was  the  meaning  of  the  parties,  it  is  con- 
clusive to  show  that  he  was  not  and 
could  not  be  the  deputy  of  a  foreign 
State  wholly  separated  from  the  Union, 
If  he  sat  in  Congress  as  a  deputy  from 
any  State,  it  must  be  one  having  a  po- 
litical connection  with,  and  within  the 
jurisdiction  of  the  confederacy ;  if  as  a 
diplomatic  agent,  he  could  not  represent 
an  independent  or  sovereign  nation,  for 
all  such  have  an  unquestioned  right  to 
send  such  agents  when  and  where  they 
please.  The  securing  the  right  by  an 
express  stipulation  ot  the  treaty;  the 
declared  objects  in  conferring  the  right 
especially  when  connected  with  the 
ninth  article  ;  show  beyond  a  doubt  it 
was  not  to  represent  a  foreign  State  or 
nation,  or  one  to  whom  the  least  vestige 
of  independence  or  sovereignty  as  to  the 
United  States  appertained.  There  can 
be  no  dependence  so  anti-national,  or  so 
utterly  subversive  of  national  existence, 
as  transferring  to  a  foreign  government 
the  regulation  of  its  trade,  and  the  man- 
agement of  all  their  affairs  at  their  plea- 
sure. The  nation  or  state,  tribe  or  vil- 
lage, head  men  or  warriors  of  the  Cher- 
okees,  call  them  by  what  name  we 
please,  call  the  articles  they  have  signed 
a  definitive  treaty  or  an  indentiu-e  of 
servitude ;  they  are  not  by  its  force  or 
virtue  a  foreign  State  capable  of  calling 
into  legitimate  action  the  judicial  power 
of  this  Union,  \)y  the  exercise  of  the 
original  jurisdiction  of  this  Court  against 
a  sovereign  State,  a  component  part  of 
this  nation.  Unless  the  Constitution  has 
imparted  to  the  Cherokees  a  national 
character  never  recognised  under  the 
confederation ;  and  wnich  if  they  ever 
enjoyed  was  surrendered  by  the  treaty 
of  Hopewell;  they  cannot  be  deemed 
in  this  Court  plaintiffs  in  such  a  case  as 
tills. 

In  considering  the  bearing  of  the 
Constitution  on  their  rights,  it  must  be 
borne  in  mind,  that  a  majority  of  the 
States  represented  in  the  convention, 
had  ceded  to  the  United  States  the  soil 
and  jurisdiction  of  their  western  lands,  or 
claimed  it  to  be  remaining  in  themselves ; 
that  Congress  asserted  as  to  the  ceded, 
and  the  States  as  to  the  unceded  territory, 

21 


their  right  to  the  soil  absolutely  and  the 
dominion  in  full  sovereignty,  within 
their  respective  limits,  subject  only  to 
Indiari  occupancy,  not  as  foreign  States 
or  nations,  but  as  dependent  on  and  ap- 
pendant to  the  State  governments  :  that 
before  the  convention  acted.  Congress 
had  erected  a  government  in  the  north- 
western territory  containing  numerous 
and  powerful  nations  or  tribes  of  Indians, 
whose  jurisdiction  was  continued  and 
whose  sovereignty  was  overturned,  if  it 
ever  existed,  except  by  permission  of 
the  States  or  Congress,  by  ordaining  that 
the  territorial  laws  should  extend  over 
the  whole  district ;  and  directing  divis- 
ions for  the  execution  of  civil  and  crim- 
inal process  in  every  part;  that  the 
Cherokees  were  then  dependants,  hav- 
ing given  up  all  their  affairs  to  the  reg- 
ulation and  management  of  Congress, 
and  that  all  the  regulations  of  Congress 
over  Indian  affairs  were  then  in  force 
over  an  immense  territory,  under  a  sol- 
emn pledge  to  the  inhabitants,  that 
whenever  their  population  and  circum- 
stances would  admit,  they  should  form 
Constitutions  and  become  free,sovereign 
and  independent  States,  on  equal  footing 
with  the  old  component  members  of  the 
confederation ;  that  by  the  existing  reg- 
ulations and  treaties,  the  Indian  tenure 
to  their  lands  was  their  allotment  as 
hunting  grounds  without  the  power  of 
alienation,  that  the  right  of  occupancy 
was  not  individual,  that  the  Indians  were 
forbidden  all  trade  or  intercourse  with 
any  person  not  licensed  or  at  a  post  not 
designated  by  regulation,  that  Indian 
affairs  formed  no  part  of  the  foreign 
concerns  of  the  Government,  and  that 
though  they  were  permitted  to  regulate 
their  internal  affairs  in  their  own  way, 
it  was  not  by  any  inherent  right  ac- 
knowledged by  Congress  or  reserved  by  . 
treaty,  but  because  Congress  did  not 
think  proper  to  exercise  the  sole  and 
exclusive  right,  declared  and  asserted  in 
all  their  regulations  from  1775  to  1788, 
in  the  articles  of  confederation,  in  the 
ordinance  of  1787,  and  the  proclamation 
of  1788  ;  which  the  plaintiffs  solemnly 
recognised  and  expressly  granted  by  the 
treaty  of  Hopewell  in  1785,  as  conferred 
on  Congress  to  be  exercised  as  they 
should  tnink  proper. 

To  correctly  understand  the  Constitu- 
tion, then,  we  must  read  it  with  ref- 
erence to  this  well  known  existing 
state  of  our  relations  with  the  Indians  ; 
the  United  States  asserting  the  right  of 
soil,  sovereignty,  and  jurisdiction,  in 
full  dominion  ;  the  Indians  occupant,  of 
allotted  hunting  grounds. 


242] 


ANNUAL  REGISTER,  1830—31. 


We  can  thus  expound  the  Constitu- 
tion without  a  reference  to  the  definitions 
of  a  state  or  nation  by  any  foreign  writ- 
er, hypothetical  reasoning,  or  the  dis- 
sertations of  the  Federalist.    This  would 
be  to  substitute  individual  authority  in 
place  of  the  declared  will  of  the  sove- 
reign power  of  the  Union,  in  a  written 
fundamental  law.      Whether  it  is  the 
emanation  from  the  people  or  the  States, 
is  a  moot  question,  having  no  bearing 
on  the  supremacy  of  that  supreme  law 
which  from  a  proper  source  has  right- 
fully been  imposed  on  us  by  sovereign 
power.     Where  its  terms  are  plain,  I 
should,  as  a  dissenting  judge,  deem  it 
judicial  sacrilege  to  put  my  hands  on 
any  of  its   provisions,  and  arrange  or 
construe  them  according  to  any  fancied 
use,  object,  purpose,  or  motive,  which, 
by  an  ingenious  train  of  reasoning,   £ 
might  bring  my  mind  to  believe  was  the 
reason  for  its  adoption  by  the  sovereign 
power,   from  whose  hands  it  comes  to 
me  as  the  rule  and  ^uide  to  my  faith, 
my  reason,  and  judicial  oath.   In  taking 
out,   putting  in,  or  varying  the  plain 
meaning   of  a  word   or   expression,  to 
meet  the  results  of  my  poor  judgment, 
as  to  the  meaning  and  intention  of  the 
great  Charter,  which  alone  imparls  to 
me  my  power  to  act  as  a  judge  of  its 
supreme  injunctions,  1  should  feel  my- 
self acting  upon  it  by  judicial  amend- 
ments, and  not  as  one  of  its  executors. 
I  will  not  add  unto  these  things  ;  1  will 
not  take  away  from  the  words  of  this 
book  of  prophecy  ;  I  will  not  impair  the 
force   or  obligation   of  its  enactments, 
plain  and  unqualified  in  its  terms,  by 
resorting  to  the  authority  of  names  ;  the 
decisions  of  foreign  Courts  ;  or  a  refer- 
ence to  books  or  writers.    The  plain  or- 
dinances are  a  safe  guide  to  my  judg- 
ment.    When  they  admit  of  doubt,   I 
will  connect  the  words  with  the  prac- 
tice, usages,  and  settled  principles  of 
this  Government,  as  administered  by  its 
fathers  before  the  adoption  of  the  Con- 
stitution :  and  refer  to  the  received  opin- 
ion and  fixed  understanding  of  the  high 
parties  who  adopted  it ;  the  usage  and 
practice  of  the  new  Government  acting 
under  its  authority ;  and  the  solemn  de- 
cisions of  this  Court,  acting  under  its 
high  powers  and  responsibility  :  nothing 
fearing  that  in  so  doing,  I  can  discover 
some  sound  and  safe  maxims  of  Ameri- 
can policy  and  jurisprudence,  which  will 
always  afford  me  light  enough  to  decide 
on  the   constitutional    powers   of  the 
Federal  and   State  Governments,  and 
all  tribunals  acting  under  their  authority . 
They  will  at  least  enable  me  to  judge 


of  the  true  meaning  and  spirit  of  plain 
words,  put  into  the  forms  of  constitu- 
tional provisions,  which  this  Court  in 
the  great  case  of  Sturges  and  Crownin- 
shield,  say,  *  is  to  be  collected  chiefly 
from  its  words.  It  would  be  dangerous 
in  the  extreme  to  infer  from  extrinsic 
circumstances  that  a  case  for  which  the 
words  of  an  instrument  expressly  pro- 
vide, shall  be  exempted  from  its  opera- 
tion. Where  words  conflict  with  each 
other,  where  the  different  clauses  of  an 
instrument  bear  upon  each  other,  and 
would  be  inconsistent  unless  the  natural 
and  common  import  of  words  be  varied, 
construction  becomes  necessary,  and  a 
departure  from  the  obvious  meaning  of 
words  is  justifiable.'  But  the  absurdity 
and  injustice  of  applying  the  provision 
to  the  case  must  be  so  monstrous,  that 
all  mankind  would  without  hesitation 
unite  in  rejecting  the  application.  (4 
Wheat.  202,  3.; 

In  another  great  case,  Cohens  vs.  Vir- 
ginia, this  Court  say,  *  The  jurisdiction 
of  this  Court,  then,  being  extended  by 
the  letter  of  the  Constitution  to  all  cases 
arising  under  it  or  under  the  laws  of  the 
United  States,  it  follows  that  those,  who 
would  withdraw  any  case  of  this  descrip- 
tion from  that  jurisdiction,  must  sustain 
the  exemption  they  claim  on  the  spirit 
and  true  meaning  of  the  Constitution, 
which  spirit  and  true  meaning  must  be 
so  apparent  as  to  overrule  the  words 
which  its  framers  have  employed.'  (6 
Wheat.  379,  80.) 

The  principle  of  these  cases  is  my 
guide  in  this.  Sitting  here,  I  shall  al- 
ways bow  to  such  authority ;  and  re- 
quire r^o  admonition  to  be  influenced  by 
no  other,  in  a  case  where  I  am  called 
on  to  take  a  part  in  the  exercise  of  the 
judicial  power  over  a  sovereign  State. 

Guided  by  these  principles,  I  come  to 
consider  the  third  clause  of  the  second 
section  of  the  first  article  of  the  Consti- 
tution; which  provides  for  the  appor- 
tionment of  representatives,  and  direct 
taxes  '  among  the  several  States  which 
may  be  included  within  this  Union,  ac- 
cording to  their  respective  numbers, 
excluding  Indians  not  taxed.'  This  clause 
embraces  not  only  the  old  but  the  new- 
States  to  be  formed  out  of  the  territory  of 
the  United  States,  pursuant  to  the  reso- 
lutions and  ordinances  of  the  old  Con- 
gress, and  the  conditions  of  the  cession 
from  the  States,  or  which  might  arise 
by  the  division  of  the  old.  If  the  clause 
excluding  Indians  not  taxed,  had  not 
been  inserted,  or  should  be  stricken  out, 
the  whole  free  Indian  population  of  all 
the  States  would  be  included  in  the  fed- 


LAW  CASES,  &c. 


[243 


eral  numbers,  coextensively  with  the 
boundaries  of  all  the  States,  included  in 
this  Union.  The  insertion  of  this  clause 
conveys  a  clear,  definite  declaration 
that  there  were  no  independent  sove- 
reign nations  or  states,  foreign  or  do- 
mestic, within  their  boundaries,  which 
should  exclude  them  from  the  Federal 
enumeration,  or  any  bodies  or  communi- 
ties within  the  States,  excluded  from 
the  action  of  the^  Federal  Constitution, 
unless  by  the  use  of  express  words  of 
exclusion. 

The  delegates  who  represented  the 
States  in  the  convention  well  knew  the 
existing  relations  between  the  United 
States  and  the  Indians,  and  put  the  Con- 
stitution in  a  shape  for  adoption  calcu- 
lated to  meet  them  ;  and  the  words  used 
in  this  clause  exclude  the  existence  of 
the  plaintiffs  as  a  sovereign  or  foreign 
state  or  nation,  within  the  meaning  of 
this  section  too  plainly  to  require  illus- 
tration or  argument. 

The  third  clause  of  the  eighth  article 
shows  most  distinctly  the  sense  of  the 
convention  in  authorising  Congress  to 
regulate  commerce  with  the  Indian 
tribes.  The  character  of  the  Indian 
communities  had  been  settled  by  many 
years  of  uniform  usage  under  the  old 
Government :  characterised  by  the  name 
of  nations,  towns,  villages,  tribes,  head 
men,  and  warriors,  as  the  writers  of 
resolutions  or  treaties  might  fancy; 
governed  by  no  settled  rule,  and  apply- 
ing the  word  nation  to  the  Catawbas  as 
well  as  the  Cherokees.  The  framers 
of  the  Constitution  have  thought  proper 
to  define  their  meaning  to  be,  that  they 
were  not  foreign  nations  nor  States  of 
the  Union,  but  Indian  tribes ;  thus  de- 
claring the  sense  in  which  they  should 
be  considered  under  the  Constitution, 
which  refers  to  them  as  tribes  only,  in 
this  clause.  I  cannot  strike  these  words 
from  the  book  ;  or  construe  Indian  tribes 
in  this  part  of  the  Constitution  to  mean 
a  sovereign  State  under  the  first  clause 
of  the  second  section  of  the  third  article. 
It  would  be  taking  very  great  liberty  in 
the  exposition  of  a  fundamental  law,  to 
bring  the  Indians  under  the  action  of 
the  legislative  power  as  tribes,  and  of 
the  judicial,  as  foreign  States.  The 
power  conferred  to  regulate  commerce 
with  the  Indian  tribes,  is  the  same  given 
to  the  old  Congress  by  the  ninth  article 
of  the  old  confederation,  '  to  regulate 
trade  with  the  Indians.'  The  raising 
the  word  *  trade  '  to  the  dignity  of  com- 
merce, regulating  it  with  Indians  or 
Indian  tribes,  is  only  a  change  of 
words.    Mere  phraseology  cannot  make 


Indians  nations,  or  Indian  tribes  foreign 
States. 

The  second  clause  of  the  third  section 
of  the  fourth  article  of  the  Constitution 
is  equally  convincing.  '  The  Congress 
shall  have  power  to  dispose  of,  and  make 
all  needful  regulations  and  rules  re- 
specting the  territory  of  the  United 
States.'  What  that  territory  was,  the 
rights  of  soil,  jurisdiction,  and  sove- 
reignty claimed  and  exercised  by  the 
States  and  the  old  Congress,  has  been 
already  seen.  It  extended  to  the  for- 
mation of  a  Government  whose  laws 
and  process  were  in  force  within  its 
whole  extent,  without  a  saving  of  In- 
dian jurisdiction.  It  is  the  same  power 
which  was  delegated  to  the  old  Con- 
gress, and,  according  to  the  judicial  in- 
terpretation given  by  this  Court  in  Gib- 
bons vs.  Ogden,  (9  Wheat.  209,)  the 
word  '  to  regulate '  implied  in  its  nature 
full  power  over  the  thing  to  be  regulat- 
ed ;  it  excludes,  necessarily,  the  action 
of  all  others  that  would  perform  the  same 
operation  on  the  same  thing.  Applying 
this  construction  to  commerce  and  ter- 
ritory, leaves  the  jurisdiction  and  sove- 
reignty of  the  Indian  tribes  wholly  out 
of  the  question.  The  power  given  in 
this  clause  is  of  the  most  plenary  kind. 
Rules  and  regulations  respecting  the 
territory  of  the  United  States,  they  ne- 
cessarily include  complete  jurisdiction. 
It  was  necessary  to  confer  it  without 
limitation,  to  enable  the  new  Govern- 
ment to  redeem  the  pledge  given  by  the 
old  in  relation  to  the  formation  and  pow- 
ers of  the  new  States.  The  saving  of 
*  the  claims  '  of  '  any  particular  State  ' 
is  almost  a  copy  of  a  similar  provision, 
part  of  the  ninth  article  of  the  old  con- 
federation ;  thus  delivering  over  to  the 
new  Congress  the  power  to  regulate 
commerce  with  the  Indian  tribes,  and 
regulate  the  territory  they  occupied,  as 
the  old  had  done  from  the  beginning  of 
the  revolution? 

The  only  remaining  clause  of  the 
Constitution  to  be  considered  is  the 
second  clause  in  the  sixth  article.  *  All 
treaties  made,  or  to  be  made,  shall  be 
the  supreme  law  of  the  land.' 

In  Chirac  vs.  Chirac,  this  Court  de- 
clared that  it  was  unnecessary  to  inquire 
into  the  effect  of  the  treaty  with  France 
in  1778  under  the  old  confederation, 
because  the  confederation  had  yielded' 
to  our  present  Constitution,  and  this 
treaty  had  been  the  supreme  law  of  the 
land.  (2  Wheat.  271.)  1  consider  the 
same  rule  as  applicable  to  Indian  trea- 
ties, whether  considered  as  national 
compacts  between  sovereign  powers,  or 


244] 


ANNUAL  REGISTER,  1830—31. 


as  articles,  agreements,  contracts,  or 
stipulations  on  the  part  of  this  Govern- 
ment, binding  and  pledging  the  faith  of 
the  nation  to  the  faithful  observance  of 
its  conditions.  They  secure  to  the  In- 
dians the  enjoyment  of  the  rights  they 
stipulate  to  give  or  secure,  to  their  full 
extent,  and  in  the  plenitude  of  good 
feith  ;  but  the  treaties  must  be  consid- 
ered as  the  rules  of  reciprocal  obliga- 
tions. The  Indians  must  have  their 
rights  ;  but  must  claim  them  in  that  ca- 
pacity in  vphich  they  received  the  grant 
or  guarantee.  They  contracted  by  put- 
ting themselves  under  the  protection  of 
the  United  States,  accepted  of  an  allot- 
ment of  hunting  grounds,  surrendered 
and  delegated  to  Congress  the  exclusive 
regulation  of  their  trade  and  the  man- 
agement of  all  their  own  affairs,  taking 
no  assurance  of  their  continued  sove- 
reignty, if  they  had  any  before,  but  rely- 
ing on  the  assurance  of  the  United  States 
that  they  might  have  full  confidence  in 
their  justice  respecting  their  interests ; 
stipulating  only  for  the  right  of  sending 
a  deputy  of  their  own  choice  to  Con- 
gress, if,  then,  the  Indians  claim  ad- 
mission to  this  Court  under  the  treaty 
of  Hopewell,  they  cannot  be  admitted 
as  foreign  States,  and  can  be  received  in 
no  other  capacity. 

The  legislation  of  Congress  under  the 
Constitution  in  relation  to  the  Indians, 
has  been  in  the  same  spirit  and  guided 
by  the  same  principles,  which  prevailed 
in  the  old  Congress  and  under  the  old 
confederation.  In  order  to  give  full 
effect  to  the  ordinance  of  1787,  in  the 
Northwest  Territory,  it  was  adapted  to 
the  present  Constitution  of  the  United 
States  in  1789,  (2 Laws  U.  S.  33 ;)  applied 
as  the  rule  for  its  government  to  the 
territory  south  of  the  Ohio  in  1790,  ex- 
cept the  sixth  article,  (2  Laws  U.  S.  104;) 
to  the  Mississippi  Territory  in  1798, 
(3  Laws  U.  S.  39, 40,)  and  with  no  excep- 
tion to  Indiana  in  1800,  (3  Laws  U.  S. 
367 ;)  to  Michigan  in  1805,  (3  Laws  U. 
S.  632  ;)  to  Illinois  in  1809,  (4  Laws  U. 
S.  198.) 

In  1802,  Congress  passed  the  act  regu- 
lating trade  and  intercourse  with  the 
Indian  tribes,  in  which  they  assert  all  the 
rights  exercised  over  them  under  the 
old  confederation,  and  do  not  alter  in 
any  degree  their  political  relations,  (3 
Laws  U.  S.  460,  et  seq.)  In  the  same 
year,  Georgia  ceded  her  lands  west  of  her 
present  boundary  to  the  United  States; 
and  by  the  second  article  of  the  conven- 
tion, the  United  States  ceded  to  Georgia 
w^hatever  claim,  right,  or  title  they  may 
have  to  the  jurisdiction  or  soil  of  any 


lands  south  of  Tennessee,  North  or  South 
Carolina,  and  east  of  the  line  of  the 
cession  by  Georgia.  So  that  Georgia 
now  has  all  the  rights  attached  to  her 
by  her  sovereignty  within  her  limits, 
and  which  are  saved  to  her  by  the  second 
section  of  the  fourth  article  of  the  Con- 
stitution, and  all  the  United  States  could 
cede  either  by  their  power  over  the  terri- 
tory or  their  treaties  with  the  Cherokees. 

The  treaty  with  the  Cherokees,  made 
at  Holston  in  1791,  contains  only  one 
article  which  has  a  bearing  on  the  poli- 
tical relations  of  the  contracting  parties. 
In  the  second  article,  the  Cherokees 
stipulate  '  that  the  said  Cherokee  nation 
will  not  hold  any  treaty  with  any  for- 
eign power,  individual  State,  or  with  in- 
dividuals of  any  State.'  (1  Laws  U.  S. 
326.)  This  affords  an  instructive  defini- 
tion of  the  words  nation  and  treaty.  At 
the  treaty  of  Hopewell,  the  Cherokees, 
though  subdued  and  suing  for  peace, 
before  divesting  themselves  of  any  of 
the  rights  or  attributes  of  sovereignty 
which  this  Government  ever  recognised 
them  as  possessing  by  the  consumma- 
tion of  the  treaty,  contracted  in  the  name 
of  the  head  men  and  warriors  of  all  the 
Cherokees;  but  at  Holston,  in  1791,  in 
abandoning  their  last  remnant  of  politi- 
cal right,  contracted  as  the  Cherokee 
nation,  thus  ascending  in  title  as  they 
descended  in  power,  and  applying  the 
word  treaty  to  a  contract  with  an  indi- 
vidual :  this  consideration  will  divest 
words  of  their  magic. 

In  thus  testing  the  rights  of  the  com- 
plainants as  to  their  national  character 
by  the  old  confederation,  resolutions  and 
ordinances  of  the  old  Congress,  the  pro- 
visions of  the  Constitution,  treaties  held 
under  the  authority  of  both,  and  the 
subsequent  legislation  thereon,  I  have 
followed  the  rule  laid  down  for  my  guide 
by  this  Court,  in  Foster  vs.  Elam,  (2 
Peters,  307,)  in  doing  it '  according  to  the 
principles  established  by  the  political 
department  of  the  Government.'  *  If 
the  course  of  the  nation  has  been  a  plain 
one,  its  Courts  would  hesitate  to  pro- 
nounce it  erroneous.  However  indivi- 
dual judges  may  construe  them  (trea- 
ties), it  is  the  province  of  the  Court  to 
conform  its  decisions  to  the  will  of  the 
Legislature,  if  that  will  has  been  clearly 
expressed.'  That  the  existence  of  for- 
eign States  cannot  be  known  to  this 
Court  judicially,  except  by  some  act  or 
recognition  of  the  other  departments  of 
ihis  Government  is,  I  think,  fully  estab- 
lished in  the  case  of  Palmer,  (3  Wheat. 
634,  5;)  the  Pastora,  (4  Wheat.  63;) 
and  the  Anna,  (6  Wheat.  193.) 


LAW  CASES,  &,c. 


[245 


I  shall  reaort  to  the  same  high  author- 
ity as  the  basis  of  my  opinion  on  the 
powers  of  the  State  Governments.  '  By 
the  revolution  the  duties  as  well  as  the 
powers  of  Government  devolved  on  the 
people  of  [Georgia]  Sew  Hampshire, 
it  is  admitted  that  among  the  latter  were 
comprehended  the  transcendent  powers 
of  parliament,  as  well  as  those  of  the  ex- 
ecutive department.'  Dartmouth  College 
vs.  Woodward,  (4  Wheat.  451,  4  Wheat. 
192  ;)  Green  vs.  Biddle,  (8  Wheat. 
98 ;)  Ogden  vs.  Saunders,  (12  Wheat. 
254,  i&c.)  '  The  same  principle  applies, 
though  with  no  gr^^r  force,  to  the  dif- 
ferent States  of  America;  for  though 
they  form  a  confederated  government, 
yet  the  several  States  retain  their  indi- 
vidual sovereignties,  and  with  respect 
to  their  municipal  regulations  are  to 
each  other  foreign  '  Buckner  vs.  Find- 
ley,  (2  Peters,  591.)  The  powers  of  gov- 
ernment, which  thus  devolved  on  Geor- 
gia by  the  revolution,  over  her  whole 
territory,  are  unimpaired  by  any  sur- 
render of  her  territorial  jurisdiction,  by 
the  old  confederation  or  the  new  Con- 
stitution, as  there  was  in  both  an  ex- 
press saving,  as  well  as  by  the  tenth 
article  of  amendments. 

But  if  any  passed  to  the  United  States 
by  either,  they  were  retroceded  by  the 
convention  of  1802.  Her  jurisdiction 
over  the  territory  in  question  is  as  su- 
preme as  that  of  Congress  over  what 
the  nation  has  acquired  bv  cession  from 
the  States  or  treaties  with  foreign  pow- 
ers, combining  the  rights  of  the  State 
and  General  Government.  Within  her 
boundaries  there  can  be  no  other  nation, 
community,  or  sovereign  power,  which 
this  department  can  judicially  recognise 
as  a  foreign  State,  capable  of  demand- 
ing or  claiming  our  interposition,  so  as 
to  enable  them  to  exercise  a  jurisdiction 
incompatible  with  a  sovereignty  in 
Georgia,  which  has  been  recognised  by 
the  Constitution,  and  every  department 
of  this  Government  acting  under  its  au- 
thority. Foreign  States  cannot  be  cre- 
ated by  judicial  construction  ;  Indian 
sovereignty  cannot  be  roused  from  its 
long  slumber,  and  awakened  to  action 
by  our  fiat.  1  find  no  acknowledge- 
ment of  it  by  the  legislative  or  executive 
power.  Till  they  have  done  so,  I  can 
stretch  forth  no  arm  for  their  relief  with- 
out violating  the  Constitution.  I  say 
this  with  great  deference  to  those  from 
whom  I  dissent ;  but  my  judgment  tells 
me,  I  have  no  power  to  act,  and  imperi- 
ous duty  compels  me  to  stop  at  the  por- 
tal, unless  I  can  find  some  authority  in 

21* 


the  judgments  of  this  Court,  to  which  I 
may  surrender  my  own. 

Indians  have  rights  of  occupancy  to 
their  lands,  as  sacred  as  the  fee-simple, 
absolute  title  of  the  whites  j  but  they 
are  only  rights  of  occupancy,  incapable 
of  alienation,  or  being  held  by  any  other 
than  common  right  without  permission 
from  the  Government.  (8  Wheat.  592.) 
In  Fletcher  vs.  Peck,  this  Court  decid- 
ed that  the  Indian  occupancy  was  not 
absolutely  repugnant  to  a  seisin  in  fee 
in  Georgia,  that  she  had  good  right  to 
grant  land  so  occupied,  that  it  was  with- 
in the  State,  and  could  be  held  by  pur- 
chasers under  a  law  subject  onl^  to  ex- 
tinguishment of  the  Indian  title.  (6 
Cranch,  88, 142.  9Cranch,ll.)  In  the 
case  of  Johnson  vs.  M'Intosh,  (8  Whea- 
ton,  543,  571,)  the  nature  of  the  Indian 
title  to  land  on  this  continent,  through- 
out its  whole  extent,  was  most  ably  and 
elaborately  considered  ;  leading  to  con- 
clusions satisfactory  to  every  jurist, 
clearly  establishing  that  from  the  time 
of  discovery  under  the  royal  govern- 
ment, the  Colonies,  the  States,  the  Con- 
federacy and  this  Union,  their  tenure 
was  the  same  occupancy,  their  rights 
occupancy  and  nothing  more  ;  that  the 
ultimate  absolute  fee,  jurisdiction  and 
sovereignty  was  in  the  Government,  sub- 
ject only  to  such  rights ;  that  grants 
vested  soil  and  dominion,  and  the  pow- 
ers of  Government,  whether  the  land 
granted  was  vacant  or  occupied  by  In- 
dians. 

By  the  treaty  of  peace,  the  powers  of 
Government  and  the  rights  of  soil  which 
had  previously  been  in  Great  Britain, 
passed  definitively  to  these  States.  (8 
Wheat.  584.)  They  asserted  these  rights, 
and  ceded  soil  and  jurisdiction  to  the 
United  States.  The  Indians  were  con- 
sidered as  tribes  of  fierce  savages ;  a 
people  with  whom  it  was  impossible  to 
mix,  and  who  could  not  be  governed 
as  a  distinct  society.  They  are  not 
named  or  referred  to  in  any  part  of  the 
opinion  of  the  Court  as  nations  or  States, 
and  no  where  declared  to  have  any  na- 
tional capacity  or  attributes  of  sover- 
eignty in  their  relations  to  the  General 
or  State  Governments.  The  principles 
established  in  this  case  have  been  sup- 
posed to  apply  to  the  rights  which  the 
nations  of  Europe  claimed  to  acquire  by 
discovery,  as  only  relative  between 
themselves,  and  that  they  did  not  as- 
sume thereby  any  rights  of  soil  or  juris- 
diction over  the  territory  in  the  actual 
occupation  of  the  Indians.  But  the  lan- 
guage of  the  Court  is  too  explicit  to  be 


246] 


ANNUAL  REGISTER,  1830—31. 


misunderstood.  '  This  principle  was, 
that  discovery  gave  title  to  the  Govern- 
ment by  whose  subjects  or  by  whose  au- 
thority it  was  made,  against  all  other 
European  Governments,  which  title 
might  be  consummated  by  possession.' 
Those  relations  which  were  to  subsist 
between  the  discoverer  and  the  natives, 
were  to  be  regulated  by  themselves. 
The  rights  thus  acquired  being  exclu- 
sive, no  other  power  could  interpose  be- 
tween them. 

While  the  different  nations  of  Eu- 
rope respected  the  rights  of  the  natives 
as  occupants,  they  asserted  the  ultimate 
dominion  to  be  in  themselves ;  and 
claimed  and  exercised  as  a  consequence 
of  this  ultimate  dominion,  a  power  to 
grant  the  soil  while  yet  in  the  posses- 
sion of  the  natives.  These  grants  have 
been  understood  by  all  to  convey  a  title 
to  th6  grantees,  subject  only  to  the  In- 
dian rights  of  occupancy.  The  history 
of  America  from  its  discovery  to  the 
present  day  proves,  we  think,  the  uni- 
versal recognition  of  these  principles. 
(8  Wheat.  574.) 

I  feel  it  my  duty  to  apply  them  to  this 
case.  They  are  in  perfect  accordance 
with  tkose  on  which  the  Governments 
of  the  united  and  individual  States  have 
acted  in  all  their  changes  :  they  were 
asserted  and  maintained  by  the  Colonies, 
before  they  assumed  independence. 
While  dependent  themselves  on  the 
crown,  they  exercised  all  the  rights  of 
dominion  and  sovereignty  over  the  ter- 
ritory occupied  b^  the  Indians  ;  and  this 
is  the  first  assertion  by  them  of  rights 
as  a  foreign  State  within  the  limits  of  a 
State.  If  their  jurisdiction  within  their 
boundaries  has  been  unquestioned  until 
this  controversy  ;  if  rights  have  been 
exercised  which  are  directly  repugnant 
to  those  now  claimed  ;  the  judicial  pow- 
er cannot  divest  the  States  of  rights  of 
sovereignty,  and  transfer  them  to  the 
Indians,  by  decreeing  them  to  be  a  na- 
tion, or  foreign  State,  pre-existing,  and 
with  rightful  jurisdiction  and  sovereign- 
ty over  the  territory  they  occupy.  This 
would  reverse  every  principle  on  which 
our  Government  have  acted  for  fiflyfive 
years ;  and  force,  by  mere  judicial  pow- 
er, upon  the  other  departments  of  this 
Government  and  the  States  of  this  Union, 
the  recognition  of  the  existence  of  na- 
tions and  states  within  the  limits  of 
both,  possessing  dominion  and  jurisdic- 
tion paramount  to  the  Federal  and  State 
Constitutions.  It  will  be  a  declaration, 
in  my  deliberate  judgment,  that  the  sov- 
ereign power  of  the  people  of  the  United 
States   and   Union,  must  hereafter  re- 


main incapable  of  action  over  territory 
to  which  their  rights  in  full  dominion, 
have  been  asserted  with  the  most  rigor- 
ous authority,  and  bow  to  a  jurisdiction 
hitherto  unknown,  unacknowledged  by 
any  department  of  the  Government ; 
denied  by  all  through  all  time ;  unclaim- 
ed till  now  ;  and  now  declared  to  have 
been  called  into  exercise,  not  by  any 
change  in  our  Constitution,  the  laws  of 
the  Union  or  the  States  ;  but  pre-exist- 
ing and  paramount  over  the  supreme 
law  of  the  land. 

I  disclaim  the  assumption  of  a  judicial 
power  so  awfully  responsible.  No  as- 
surance or  certainty  of  support  in  public 
opinion,  can  induce  me  to  disregard  a 
law  so  supreme  ;  so  plain  to  my  judg- 
ment and  reason.  Those,  who  have 
brought  public  opinion  to  bear  on  this 
subject,  act  under  a  mere  moral  respon- 
sibility ;  under  no  oath  which  binds  their 
movements  to  the  straight  and  narrow 
line  drawn  by  the  Constitution.  Poli- 
tics or  philanthrophy  may  impel  them 
to  pass  it,  but  when  their  objects  can  be 
effectuated  only  by  this  Court,  they 
must  not  expect  its  members  to  diverge 
from  it,  when  they  cannot  conscien- 
tiously take  the  first  step  without  break- 
ing all  the  high  obligations  under  which 
they  administer  the  judicial  power  of 
the  Constitution.  The  account  of  my 
executorship  cannot  be  settled  before 
the  Court  of  public  opinion,  or  any  hu- 
man tribunal.  None  can  release  the 
balance  which  will  accrue  by  the  viola- 
tion of  my  solemn  conviction  of  duty. 

Mr  Justice  Thompson,  dissenting : 

Entertaining  different  views  of  the 
questions  now  before  us  in  this  case,  and 
having  arrived  at  a  conclusion  different 
from  that  of  a  majority  of  the  Court,  and 
considering  the  importance  of  the  case 
and  the  constitutional  principle  involved 
in  it,  I  shall  proceed,  with  all  due  re- 
spect for  the  opinion  of  others,  to  as- 
sign the  reasons  upon  which  my  own 
has  been  formed. 

In  the  opinion  pronounced  by  the 
Court,  the  merits  of  the  controversy  be- 
tween the  State  of  Georgia  and  the 
Cherokee  Indians  have  not  been  taken 
into  consideration.  The  denial  of  the 
application  for  an  injunction,  has  been 
placed  solely  on  the  ground  of  want  of 
jurisdiction  in  this  Court  to  grant  the 
relief  prayed  for.  It  became,  therefore, 
unnecessary  to  inquire  into  the  merits 
of  the  case.  But  thinking  as  I  do,  that 
the  Court  has  jurisdiction  of  the  case, 
and  may  grant  relief,  at  least  in  part ; 
it  may  become  necessary  for  me,  in  the 


LAW  CASES,  &c. 


[247 


course  of  my  opinion,  to  glance  at  the 
merits  of  the  controversy ;  which  I  shall, 
however,  do  very  briefly,  as  it  is  impor- 
tant so  far  as  relates  to  the  present  ap- 
plication. 

Before  entering  upon  the  examina- 
tion of  the  particular  points  which  have 
been  made  and  argued,  and  for  the  pur- 
pose of  guarding  against  any  erroneous 
conclusions,  it  is  proper  that  I  should 
state,  that  I  do  not  claim  for  this  Court, 
the  exercise  of  jurisdiction  upon  any 
matter  properly  falling  under  the  de- 
nomination of  political  power.  Relief 
to  the  full  extent  prayed  by  the  bill  may 
be  beyond  the  reach  of  this  Court. 
Much  of  the  matter  therein  contained, 
by  way  of  complaint,  would  seem  to  de- 
pend for  relief  upon  the  exercise  of  po- 
litical power  ;  and  as  such,  appropriately 
devolving  upon  the  executive,  and  not 
the  judicial  department  of  the  Govern- 
ment. This  Court  can  grant  relief  so 
far  only  as  the  rights  of  person  or  prop- 
erty are  drawn  in  question,  and  have 
been  infringed. 

Jt  would  very  ill  become  the  judicial 
station  which  I  hold,  to  indulge  in  any 
remarks  upon  the  hardship  of  the  case, 
or  the  great  injustice  that  would  seem 
to  have  been  done  to  the  complainants, 
according  to  the  statement  in  the  bill, 
and  which  for  the  purpose  of  the  present 
motion  I  must  assume  to  be  true.  If 
they  are  entitled  to  other  than  judicial 
relief,  it  cannot  be  admitted  that  in  a 
Government  like  ours,  redress  is  not  to 
be  had  in  some  of  its  departments;  and 
the  responsibility  for  its  denial  must 
rest  upon  those  who  have  the  power  to 
grant  it.  But  believing  as  I  do,  that 
relief  to  some  extent  falls  properly  un- 
der judicial  cognisance,  I  shall  proceed 
to  the  examination  of  the  case  under  the 
following  heads  : 

1 .  Is  the  Cherokee  nation  of  Indians 
a  competent  party  to  sue  in  this  Court  ? 

2.  Is  a  sufficient  case  made  out  in  the 
bill,  to  warrant  this  Court  in  granting 
any  relief.-' 

3.  Is  an  injunction  the  fit  and  appro- 
priate relief  ? 

1 .  By  the  Constitution  of  the  United 
States,  it  is  declared  (Art.  3,  §  2,)  that 
the  judicial  power  shall  extend  to  all 
cases  in  law  and  equity,  arising  under 
this  Constitution,  the  laws  of  tne  Unit- 
ed States,  and  treaties  made  or  which 
shall  be  made  under  their  authority,  &c. 
to  controversies  between  two  or  more 
States,  &c.  and  between  a  State  or  the 
citizens  thereof;  and  foreign  States,  cit- 
izens or  subjects. 

The  controversy  in  the  present  case 


is  alleged  to  be  between  a  foreign  State, 
and  one  of  the  States  of  the  Union  ;  and 
does  not,  therefore,  come  within  the 
eleventh  amendment  of  the  Constitu- 
tion, which  declares  that  the  judicial 
power  of  the  United  States,  shall  not  be 
construed  to  extend  to  any  suit  in  law, 
or  equity,  commenced  or  prosecuted 
against  one  of  the  United  States  by  cit- 
izens of  another  State,  or  by  citizens  or 
subjects  of  any  foreign  State.  This 
amendment  does  not,  therefore,  extend 
to  suits  prosecuted  against  one  of  the 
United  States  by  a  foreign  State.  The 
Constitution  further  provides,  that  in 
all  cases  where  a  State  shall  be  a  party, 
the  Supreme  Court  shall  have  original 
jurisdiction.  Under  these  provisions  in 
the  Constitution,  the  complainants  have 
filed  their  bill  in  this  Court,  in  the  char- 
acter of  a  foreign  State,  against  the 
State  of  Georgia ;  praying  an  injunc- 
tion to  restrain  that  State  from  commit- 
ting various  alleged  violations  of  the 
property  of  the  nation,  claimed  under 
the  laws  of  the  United  States,  and  trea- 
ties made  with  the  Cherokee  nation. 

That  a  State  of  this  Union  may  be 
sued  by  a  foreign  State,  when  a  proper 
case  exists  and  ispresented,  is  too  plain- 
ly and  expressly  declared  in  the  Con- 
stitution to  admit  of  doubt ;  and  the  first 
inquiry  is,  whether  the  Cherokee  nation 
is  a  foreign  State  within  the  sense  and 
meaning  of  the  Constitution. 

The  terms  state  and  nation  are  used 
in  the  law  of  nations,  as  well  as  in  com- 
mon parlance,  as  importing  the  same 
thing  ;  and  imply  a  body  of  men,  united 
together,  to  procure  their  mutual  safety 
and  advantage  by  means  of  their  union. 
Such  a  society  has  its  affairs  and  inter- 
ests to  manage ;  it  deliberates,  and  takes 
resolutions  in  common,  and  thus  be- 
comes a  moral  person,  having  an  under- 
standing and  a  will  peculiar  to  itself,  and 
is  susceptible  of  obligations  and  laws. 
(Vattel,  1.)  Nations  being  composed  of 
men  naturally  free  and  independent, 
and  who,  before  the  establishment  of 
civil  societies,  live  together  in  the  state 
of  nature,  nations  or  sovereign  States; 
are  to  be  considered  as  so  many  free 
persons,  living  together  in  a  state  of  na- 
ture. (Vattel  2,  §  4.)  Every  nation  that 
governs  itself,  under  what  form  soever, 
without  any  dependence  on  a  foreign 
power,  is  a  sovereign  State.  Its  rights 
are  naturally  the  same  as  those  of  any 
other  State.  Such  are  moral  persons 
who  live  together  in  a  natural  society, 
under  the  law  of  nations.  It  is  suffi- 
cient if  it  be  really  sovereign  and  inde- 
pendent ;  that  is,  it  must  govern  itself 


248] 


ANNUAL  REGISTER,  1830—31. 


by  its  own  authority  and  laws.  We 
ought,  therefore,  to  reckon  in  the  num- 
ber of  sovereigns  those  States  that  have 
bound  themselves  to  another  more  pow- 
erful, although  by  an  unequal  alliance. 
The  conditions  of  these  unequal  allian- 
ces may  be  infinitely  varied  ;  but  what- 
ever they  are,  provided  the  inferior  ally 
reserves  to  itself  the  sovereignty  or  the 
right  to  govern  its  own  body,  it  ought 
to  be  considered  an  independent  State. 
Consequently,  a  weak  State,  that,  in  or- 
der to  provide  for  its  safety,  places  itself 
under  the  protection  of  a  more  powerful 
one,  without  stripping  itself  of  the  right 
of  government  and  sovereignty,  does 
not  cease  on  this  account  to  be  placed 
among  the  sovereigns  who  acknowledge 
no  other  power.  Tributary  and  feuda- 
tory States  do  not  thereby  cease  to  be 
sovereign  and  independent  States,  so 
long  as  self  government,  and  sovereign 
and  independent  authority  is  left  in  the 
administration  of  the  State.  (Vattel,  c. 
1,  pp.  16, 17.) 

Testing  the  character  and  condition 
of  the  Cherokee  Indians  by  these  rules, 
it  is  not  pereeived  how  it  is  possible  to 
escape  the  conclusion,  that  they  form  a 
sovereign  State.  They  have  always 
been  dealt  with  as  such  by  the  Govern- 
ment of  the  United  States,  both  before 
and  since  the  adoption  of  the  present 
Constitution.  They  have  been  admit- 
ted and  treated  as  a  people  governed 
solely  and  exclusively  by  their  own 
laws,  usages,  and  customs  within  their 
own  territory,  claiming  and  exercising 
exclusive  dominion  over  the  same; 
yielding  up  by  treaty,  from  time  to  time, 
portions  of  their  land,  but  still  claiming 
absolute  sovereignty  and  self  govern- 
ment over  what  remained  unsold.  And 
this  has  been  the  light  in  which  they 
have,  until  recently,  been  considered 
from  the  earliest  settlement  of  the  coun- 
try by  the  white  people.  And  indeed, 
1  do  not  understand  it  is  denied  by  a 
majority  of  the  Court,  that  the  Chero- 
kee Indians  form  a  sovereign  State  ac- 
cording to  the  doctrine  of  the  law  of 
nations ;  but  that,  although  a  sovereign 
State,  they  are  not  considered  a  foreign 
State  within  the  meaning  of  the  Con- 
stitution. 

Whether  the  Cherokee  Indians  are  to 
be  considered  a  foreign  State  or  not,  is 
a  point  on  which  we  cannot  expect  to 
discover  much  light  from  the  law  of  na- 
tions. We  must  derive  this  knowledge 
chiefly  from  the  practice  of  our  own 
Government,  and  the  light  in  which  the 
nation  has  been  viewed  and  treated 
by  it. 


That  numerous  tribes  of  Indians,  and 
among  others  the  Cherokee  nation,  oc- 
cupied many  parts  of  this  country  long 
before  the  discovery  by  Europeans,  is 
abundantly  established  by  history  ;  and 
it  is  not  denied  but  that  the  Cherokee 
nation  occupied  the  territory  now  claim- 
ed by  them  long  before  that  period.  It 
does  not  fall  within  the  scope  and  object 
of  the  present  inquiry  to  go  into  a  criti- 
cal examination  of  the  nature  and  ex- 
tent of  the  rights  growing  out  of  such 
occupancy,  or  the  justice  and  humanity 
with  which  the  Indians  have  been  treat- 
ed, or  their  rights  respected. 

That  they  are  entitled  to  such  occu- 
pancy, so  long  as  they  choose  quietly 
and  peaceably  to  remain  upon  the  land, 
cannot  be  questioned.  The  circum- 
stance of  their  original  occupancy  is 
here  referred  to,  merely  for  the  purpose 
of  showing,  that  if  these  Indian  commu- 
nities were  then,  as  they  certainly  were, 
nations,  they  must  have  been  foreign 
nations,  to  all  the  world ;  not  having 
any  connection  or  alliance  of  any  descrip- 
tion, with  any  other  power  on  earth. 
And  if  the  Cherokees  were  then  a  for- 
eign nation,  when  or  how  have  they 
lost  that  character,  and  [ceased  to  be  a 
distinct  people,  and  become  incorporat- 
ed with  any  other  community  ? 

They  have  never  been,  by  conquest, 
reduced  to  the  situation  of  subjects  to 
any  conqueror,  and  thereby  lost  their 
separate  national  existence,  and  the 
rights  of  self-government,  and  become 
subject  to  the  laws  of  the  conqueror. 
Whenever  wars  have  taken  place,  they 
have  been  followed  by  regular  treaties 
of  peace,  containing  stipulations  on  each 
side  according  to  existing  circumstances; 
the  Indian  nation  always  preserving  its 
distinct  and  separate  national  character. 
And  notwithstanding  we  do  not  recog- 
nise the  right  of  the  Indians  to  transfer 
the  absolute  title  of  their  lands  to  any 
other  than  ourselves;  the  right  of  occu- 
pancy is  still  admitted  to  remain  in  them, 
accompanied  with  the  right  of  self-gov- 
ernment, according  to  their  own  usages 
and  customs ;  and  with  the  competency 
to  act  in  a  national  capacity,  although 
placed  under  the  protection  of  the 
whites,  and  owing  a  qualified  subjection 
so  far  as  is  requisite  for  public  safety. 
But  the  principle  is  universally  admitted, 
that  this  occupancy  belongs  to  them  as 
matter  of  right,  and  not  by  mere  indul- 
gence. They  cannot  be  disturbed  in  thft 
enjoyment  of  it,  or  deprived  of  it,  with- 
out their  free  consent ;  or  unless  a  just 
and  necessary  war  should  sanction  theix 
dispossession. 


LAW  CASES,  &c. 


[249 


In  this  view  of  their  situation,  there  is 
as  full  and  complete  recognition  of  their 
sovereignty,  as  if  they  were  the  absolute 
owners  of  the  soil.  The  progress  made 
in  civilization  by  the  Cherokee  Indians 
cannot  surely  be  considered  as  in  any 
measure  destroying  their  national  or 
foreign  character,  so  long  as  they  are 
permitted  to  maintain  a  separate  and 
distinct  government;  it  is  their  political 
condition  that  constitutes  their  foreign 
character,  and  in  that  sense  must  tne 
term  foreign  be  understood  as  used  in 
the  Constitution.  It  can  have  no  rela- 
tion to  local,  geographical,  or  territorial 
position.  It  cannot  mean  a  country  be- 
yond sea.  Mexico  or  Canada  is  certain- 
ly to  be  considered  a  foreign  country,  in 
reference  to  the  United  States.  It  is 
the  political  relation  in  which  one  gov- 
ernment or  country  stands  to  anotner, 
which  constitutes  it  foreign  to  the  other. 
The  Cherokee  territory  being  within 
the  chartered  limits  of  Georgia,  does  not 
affect  the  question.  When  Georgia  is 
spoken  of  as  a  State,  reference  is  had 
to  its  political  character,  and  not  to 
boundary ;  and  it  is  not  perceived  that 
any  absurdity  or  inconsistency  grows 
out  of  the  circumstance,  that  the  juris- 
diction and  territory  of  the  State  of 
Georgia  surround  or  extend  on  every 
side  of  the  Cherokee  territory.  It  may 
be  inconvenient  to  the  State,  and  very 
desirable,  that  the  Cherokees  should  be 
removed  ;  but  it  does  not  at  all  aflfect  the 
political  relation  between  Georgia  and 
those  Indians.  Suppose  the  Cherokee 
territory  had  been  occupied  by  Spaniards 
or  any  other  civilized  people,  instead  of 
Indians,  and  they  had  from  time  to  time 
ceded  to  the  United  States  portions  of 
their  lands  precisely  in  the  same  man- 
ner as  the  Indians  have  done,  and  in 
like  manner  retained  and  occupied  the 
part  now  held  by  the  Cherokees,  and 
having  a  regular  government  establish- 
ed there  :  would  it  not  only  be  consid- 
ered a  separate  and  distinct  nation  or 
State,  but  a  foreign  nation,  with  refer- 
ence to  the  State  of  Georgia  or  the  Unit- 
ed States.  If  we  look  to  lexicographers, 
as  well  as  approved  writers,  for  the  use 
of  the  term  foreign,  it  may  be  applied 
with  the  strictest  propriety  to  the  Cher- 
okee nation. 

In  a  general  sense  it  is  applied  to  any 
person  or  thing  belonging  to  another 
nation  or  country.  We  call  an  alien  a 
foreigner,  because  he  is  not  of  the  coun- 
try in  which  we  reside.  In  a  political 
sense  we  call  every  country  foreign, 
which  is  not  within  the  jurisdiction  of 
the  same  Government.    In  this  sense, 


Scotland  before  the  union  was  foreign 
to  England  ;  and  Canada  and  Mexico 
foreign  to  the  United  States.  In  tlie 
United  States  all  transatlantic  countries 
are  foreign  to  us.  But  this  is  not  the 
only  sense  in  which  it  is  used. 

It  is  applied  with  equal  propriety  to 
an  adjacent  territory,  as  to  one  more 
remote.  Canada  or  Mexico  is  as  much 
foreign  to  us  as  England  or  Spain.  And 
it  may  be  laid  down  as  a  general  rule, 
that  when  used  in  relation  to  countries 
in  a  political  sense,  it  refers  to  the  juris- 
diction or  government  of  the  country. 
In  a  commercial  sense,  we  call  all  goods 
coming  from  any  country  not  within 
our  own  jurisdiction  foreign  goods. 

In  the  diplomatic  use  oF the  term,  we 
call  every  minister  a  foreign  minister 
who  comes  from  another  jurisdiction  or 
Government.  And  this  is  the  sense  in 
which  it  is  judicially  used  by  this  Court, 
even  as  betweea  the  different  States  of 
this  Union.  In  the  c9se  of  Buckner  vs. 
Finlay,  (2  Peters,  590,)  it  was  held  that  a 
bill  of  exchange  drawn  in  one  State  of 
the  Union,  on  a  person  living  in  another 
State,  was  a  foreign  bill,  and  to  be  treat- 
ed as  such  in  the  Courts  of  the  United 
States.  The  Court  says,  that  in  apply- 
ing the  definition  of  a  foreign  bill,  to  the 
political  character  of  the  several  States 
of  this  Union,  in  relation  to  each  other, 
we  are  all  clearly  of  opinion,  that  bills 
drawn  in  one  of  these  States  upon  per- 
sons living  in  another  of  them,  partake 
of  the  character  of  foreign  bills,  and 
ought  to  be  so  treated.  That  for  all  na- 
tional purposes  embraced  by  the  federal 
Constitution,  the  States  and  the  citizens 
thereof  are  one  ;  united  under  the  same 
sovereign  authority,  and  governed  by 
the  same  laws.  In  all  other  respects, 
the  States  are  necessarily  foreign  to, 
and  independent  of  each  other ;  their 
Constitutions  and  forms  of  Government 
being,  although  republican,  altogether 
different,  as  are  their  laws  and  institu- 
tions. So  in  the  case  of  Warder  vs.  At- 
rell,  decided  in  the  Court  of  Appeals  of 
Virginia,  (2  Wash.  298.)  The  Court,  in 
speaking  of  foreign  contracts,  and  saying 
that  the  laws  of  the  foreign  country 
where  the  contract  was  made  must  gov- 
ern, add  ;  the  same  principle  applies, 
though  with  no  greater  force,  to  the 
different  States  of  America :  for  though 
they  form  a  confederated  Government, 
yet  the  several  States  retain  their  indi- 
vidual sovereignties  ;  and,  with  respect 
to  their  municipal  regulations,  are  to 
each  other  foreign. 

It  is  manifest  from  these  cases,  that  a 
foreign  State,  judicially  considered,  con- 


250] 


ANNUAL  REGISTER.  1830—31. 


sists  in  its  being  under  a  different  juris- 
diction or  government,  without  any  ref- 
erence to  its  territorial  position.  This 
is  the  marked  distinction,  particularly  in 
the  case  of  Buckner  vs.  Finlay.  So  far 
as  these  States  are  subject  to  the  laws  of 
the  Union,  they  are  not  foreign  to  each 
other.  But  so  far  as  they  are  subject  to 
their  own  respective  State  laws,  and 
government,  they  are  foreign  to  each 
other.  And  if,  as  here  decided,  a  sepa- 
rate and  distinct  jurisdiction  or  govern- 
ment is  the  test  by  which  to  decide 
whether  a  nation  be  foreign  or  not ;  I 
am  unable  to  perceive  any  sound  and 
substantial  reason  why  the  Cherokee 
nation  should  not  be  so  considered.  It 
is  governed  by  its  own  law?,  usages, 
and  customs  :  it  has  no  connection  with 
any  other  government  or  jurisdiction, 
except  by  way  of  treaties  entered  into 
with  like  form  and  ceremony  as  with 
other  foreign  nations.  And  this  seems 
to  be  the  view  taken  of  them  by  Mr 
Justice  Johnson  in  the  case  of  Fletcher 
vs.  Peck,  (6  Cranch,  146 ;  2  Peters's 
Condens.  Rep.  308.) 

In  speaking  of  the  state  and  condition 
of  the  different  Indian  nations,  he  ob- 
serves, '  that  some  have  totally  extin- 
guished their  national  fire,  and  submit- 
ted themselves  to  the  laws  of  the  States  ; 
others  have  by  treaty  acknowledged  that 
they  hold  their  national  existence  at  the 
will  of  the  State,  within  which  they  re- 
flide  ;  others  retain  a  limited  sovereignty, 
and  the  absolute  proprietorship  of  their 
soil.  The  latter  is  the  case  of  the  tribes 
to  the  west  of  Georgia,  among  which 
are  the  Cherokees.  We  legislate  upon 
the  conduct  of  strangers  or  citizens 
within  their  limits,  but  innumerable 
treaties  formed  with  them  acknowledge 
them  to  be  an  independent  people  :  and 
the  uniform  practice  of  acknowledging 
their  right  of  soil  by  purchasing  from 
them,  and  restraining  all  persons  from 
encroaching  upon  their  territory,  makes 
it  unnecessary  to  insist  upon  their  rights 
of  soil.' 

Although  there  are  many  cases  in 
which  one  of  these  United  States  has 
been  sued  by  another,  I  am  not  aware 
of  any  instance  in  which  one  of  the 
United  States  has  been  sued  by  a  foreign 
State.  But  no  doubt  can  be  entertained 
that  such  an  action  might  be  sustained 
upon  a  proper  case  being  presented.  It 
is  expressly  provided  for  in  the  Consti- 
tution ;  and  this  provision  is  certainly 
not  to  be  rejected  as  entirely  nugatory. 

Suppose  a  State,  with  the  consent  of 
Congress,  should  enter  into  an  agree- 
ment with  a  foreign  power  (as  might 


undoubtedly  be  done,  Constitution,  Art. 
1,  §10)  for  a  loan  of  money  ;  would  not 
an  action  be  sustained  in  this  Court  to 
enforce  payment  thereof.?  Or  suppose 
the  State  of  Georgia,  with  the  consent 
of  Congress,  should  purchase  the  right 
of  the  Cherokee  Indians  to  this  terri- 
tory, and  enter  into  a  contract  for  the 
payment  of  the  purchase  money  ;  could 
there  be  a  doubt  that  an  action  could  be 
sustained  upon  such  a  contract  ?  No 
objection  would  certainly  be  made  for 
want  of  competency  in  that  nation  to 
make  a  valid  contract.  The  numerous 
treaties  entered  into  with  the  nation 
would  be  a  conclusive  answer  to  any 
such  objection.  And  if  an  action  could 
be  sustained  in  such  case,  it  must  be 
under  that  provision  in  the  Constitution 
which  gives  jurisdiction  to  this  Court  in 
controversies  between  a  State  and  a  for- 
eign State.  For  the  Cherokee  nation  is 
certainly  not  one  of  the  United  States. 

And  what  possible  objection  can  lie  to 
the  right  of  the  complainants  to  sustain 
an  action  .-•  The  treaties  made  with  this 
nation  purport  to  secure  to  it  certain 
rights.  These  are  not  gratuitous  obliga- 
tions assumed  on  the  part  of  the  United 
States.  They  are  obligations  founded 
upon  a  consideration  paid  by  the  Indians 
by  cession  of  part  of  their  territory.  And 
if  they,  as  a  nation,  are  competent  to 
make  a  treaty  or  contract,  it  would  seem 
to  me  to  be  a  strange  inconsistency  to 
deny  to  them  the  right  and  the  power  to 
enforce  such  a  contract.  And  where 
the  right  secured  by  such  treaty  forms^ 
a  proper  subject  for  judicial  cognisance, 
I  can  perceive  no  reason  why  this  Conrt 
has  not  jurisdiction  of  the  case.  The 
Constitution  expressly  gives  to  the  Court 
jurisdiction  in  all  cases  of  law  and  equity 
arising  under  treaties  made  with  the 
United  States.  No  suit  will  lie  against 
the  United  States  upon  such  treaty,  be- 
cause no  possible  case  can  exist  where 
the  United  States  can  be  sued.  But  not 
so  with  respect  to  a  State  :  and  if  any 
right  secured  by  treaty  has  been  violated 
by  a  State,  in  a  case  proper  for  judicial 
inquiry,  no  good  reason  is  perceived 
why  an  action  may  not  be  sustained  for 
violation  of  a  right  secured  by  treaty,  as 
well  as  by  contract  under  any  other 
form.  The  judiciary  is  certainly  not  the 
department  of  the  government  author- 
ised to  enforce  all  rights  that  may  be 
recognised  and  secured  by  treaty.  In 
many  instances,  these  are  mere  political 
rights  with  which  the  judiciary  cannot 
deal.  But  when  the  question  relates  to 
a  mere  right  of  property,  and  a  proper 
case  can  be  made  between  competent 


LAW  CASES,  &c. 


[251 


parties ;   it  forms  a  proper  subject  for 
judicial  inquiry. 

It  is  a  rule  which  has  been  repeatedly 
sanctioned  by  this  Court,  that  the  judi- 
cial department  is  to  consider  as  sove- 
reign and  independent  States  or  nations 
those  powers,  that  are  recognised  as 
such  by  the  executive  and  legislative 
departments  of  the  Government;  they 
being  more  particularly  entrusted  with 
our  foreign  relations.  (4  Cranch,  241, 
2  Peters's  Condens.  Rep.  98 ;  3  Wheat. 
634  ;  4  Wheat.  64.) 

If  we  look  to  the  whole  course  of 
treatment  by  this  country  of  the  Indians, 
from  the  year  1775,  to  the  present  day, 
when  dealing  with  them  in  their  aggre- 
gate capacity  as  nations  or  tribes,  and 
regarding  the  mode  and  manner  in 
which  all  negotiations  have  been  carried 
on  and  concluded  with  them  ;  the  con- 
clusion appears  to  me  irresistible,  that 
they  have  been  regarded,  by  the  execu- 
tive and  legislative  branches  of  the  Gov- 
ernment, not  only  as  sovereign  and 
independent,  but  as  foreign  nations  or 
tribes,  not  within  the  jurisdiction  nor 
under  the  government  of  "the  States 
within  which  they  were  located.  This 
remark  is  to  be  understood,  of  course, 
as  referring  only  to  such  as  live  together 
as  a  distinct  community,  under  their 
own  laws,  usages,  and  customs;  and 
not  to  the  mere  remnant  of  tribes  which 
are  to  be  found  in  many  parts  of  our 
country,  who  have  become  mixed  with 
the  general  population  of  the  country  : 
their  national  character  extinguished ; 
and  their  usages  and  customs  in  a  great 
measure  abandoned ;  self-government 
surrendered ;  and  who  have  voluntarily, 
or  by  the  force  of  circumstances  which 
surrounded  them,  gradually  become  sub- 
ject to  the  laws  of  the  States  within 
which  they  are  situated. 

Such,  however,  is  not  the  ease  with 
the  Cherokee  nation.  It  retains  its 
usages,  and  customs,  and  self-govern- 
ment, greatly  improved  by  the  civiliza- 
tion which  it  has  been  the  policy  of  the 
United  States  to  encourage  and  foster 
among  them.  All  negotiations  carried 
on  with  the  Cherokees  and  other  Indian 
nations  have  been  by  way  of  treaty  with 
all  the  formality  attending  the  making 
of  treaties  with  any  foreign  power.  The 
journals  of  Congress,  from  the  year 
1775  down  to  the  adoption  of  the  present 
Constitution,  abundantly  estabhsh  this 
fact.  And  since  that  period  such  nego- 
tiations have  been  carried  on  by  the 
treaty -making  power,  and  uniformly  un- 
der the  denomination  of  treaties. 

What  is  a  treaty  as  understood  in  the 


law  of  nations  ?  It  is  an  agreement  or 
contract  between  two  or  more  nations 
or  sovereigns,  entered  into  by  agents 
appointed  for  that  purpose,  and  duly 
sanctioned  by  the  supreme  power  of  the 
respective  parties.  And  where  is  the 
authority,  either  in  the  Constitution  or 
in  the  practice  of  the  Government,  for 
making  any  distinction  between  treaties 
made  with  the  Indian  nations  and  any 
other  foreign  power  ?  They  relate  to 
peace  and  war ;  the  surrender  of  pris 
oners  ;  the  cession  of  territory  ;  and  the 
various  subjects  which  are  usually  em 
braced  in  such  contracts  between  sove- 
reign nations. 

A  recurrence  to  the  various  treaties 
made  with  the  Indian  nations  and  tribes 
in  different  parts  of  the  country,  will 
fully  illustrate  this  view  of  the  relation 
in  which  our  Government  has  consider- 
ed the  Indians  as  standing.  It  will  be 
sufficient,  however,  to  notice  a  few  of 
the  many  treaties  made  with  this  Cher- 
okee nation. 

By  the  treaty  of  Hopewell,  of  the 
28th  November,  1785,  (1  Laws  U.  S. 
322,)  mutual  stipulations  are  entered  in- 
to, to  restore  all  prisoners  taken  by  either 
party,  and  the  Cherokees  stipulate  to 
restore  all  negroes,  and  all  other  prop- 
erty taken  ftom  the  citizens  of  the 
United  States ;  and  a  boundary  line  is 
settled  between  the  Cherokees,  and  the 
citizens  of  the  United  States,  and  this 
embraced  territory  within  the  chartered 
limits  of  Georgia.  And  by  the  sixth 
article  it  is  provided,  that  if  any  Indian, 
or  person  residing  among  them,  or  who 
shall  take  refuge  in  their  nation,  shall 
commit  a  robbery,  or  murder,  or  other 
capital  crime  on  any  citizen  of  the  Unit 
ed  States,  or  person  under  their  protec- 
tion, the  nation  or  tribe  to  which  such 
offender  may  belong  shall  deliver  him 
up  to  be  punished  according  to  the  ordi- 
nances of  the  United  States.  What 
more  explicit  recognition  of  the  sover 
eignty  and  independence  of  this  nation 
could  have  been  made .''  It  was  a  di- 
rect acknowledgement,  that  this  terri- 
tory was  under  a  foreign  jurisdiction. 
If  it  had  been  understood,  that  the  juris- 
diction of  the  State  of  Georgia  extended 
over  this  territory,  no  such  stipulation 
would  have  been  necessary.  The  pro- 
cess of  the  Courts  of  Georgia  would 
have  run  into  this  as  well  as  into  any 
other  part  of  the  State.  It  is  a  stipula- 
tion analogous  to  that  contained  in  the 
treaty  of  1794,  with  England,  (1  Laws 
U.  S.  220,)  by  the  twentyseventh  article 
of  which  it  is  mutually  agreed,  that  each 
party  will  deliver  up  to  justice  all  per- 


252] 


ANNUAL  REGISTER,  1830—31. 


sons,  who,  being  charged  with  murder 
or  forgery  committed  within  the  juris- 
diction of  either,  shall  seek  an  asylum 
within  any  of  the  countries  of  the  other. 
Upon  what  ground  can  any  distinction 
be  made,  as  to  the  reason  and  necessity 
of  such  stipulation,  in  the  respective 
treaties.  The  necessity  for  the  stipula- 
tion in  both  cases  must  be,  because  the 
process  of  one  government  and  jurisdic- 
tion will  not  run  into  that  of  another ; 
and  separate  and  distinct  jurisdiction, 
as  has  been  shown,  is  what  makes  gov- 
ernments and  nations  foreign  to  each 
other  in  their  political  relations. 

The  same  stipulation,  as  to  delivering 
up  criminals  who  shall  take  refuge  in 
the  Cherokee  nation,  is  contained  in  the 
treaty  of  Holston  of  the  2d  of  July  1791, 
(1  Laws  U.  S.  327.)  And  the  eleventh 
article  fully  recognises  the  jurisdiction 
of  the  Cherokee  nation  over  the  territory 
occupied  by  them.  It  provides,  that  if 
any  citizen  of  the  United  States  shall  go 
into  the  territory  belonging  to  the  Cher- 
okees,  and  commit  any  crime  upon,  or 
trespass  against  the  person,  or  property 
of  any  friendly  Indian,  which,  if  com- 
mitted within  the  Jurisdiction  of  any 
State,  would  be  punishable  by  the  laws 
of  such  State,  shall  be  subject  to  the 
same  punishment,  and  proceeded  against 
in  the  same  manner,  as  if  the  offence 
had  been  committed  within  the  juris- 
diction of  the  State.  Here  is  an  explicit 
admission  that  the  Cherokee  territory  is 
not  within  the  jurisdiction  of  any  State. 
If  it  had  been  considered  within  the  ju- 
risdiction of  Georgia,  such  a  provision 
would  not  only  be  unnecessary  but 
absurd.  It  is  a  provision  looking  to  the 
punishment  of  a  citizen  of  the  United 
States  for  some  act  done  in  a  foreign 
country.  If  exercising  exclusive  juris- 
diction over  a  country  is  sufficient  to 
constitute  the  State  or  power  so  exer- 
cising it  a  foreign  State,  the  Cherokee 
nation  may  assuredly  with  the  greatest 
propriety  be  so  considered. 

The  phraseology  of  the  clause  in  the 
Constitution,  giving  to  Congress  the 
power  to  regulate  commerce,  is  suppos- 
ed to  afford  an  argument  against  con- 
sidering the  Cherokees  a  foreign  nation. 
The  clause  reads  thus,  '  to  regulate 
commerce  with  foreign  nations,  and 
among  the  several  States,  and  with  the 
Indian  tribes.'  (Constitution,  Art.  1,  § 
8.)  The  argument  is,  that  if  the  Indian 
tribes  are  foreign  nations,  they  would 
have  been  included  without  being 
specially  named,  and  being  so  named 
imports  something  different  from  the 
previous  term  'foreign  nations.' 


This  appears  to  me  to  partake  too 
much  of  a  mere  verbal  criticism,  to 
draw  afler  it  the  important  conclusion 
that  Indian  tribes  are  not  foreign  na- 
tions. But  the  clause  affords,  irresisti- 
bly, the  conclusion,  that  the  Indian 
tribes  are  not  there  understood  as  in- 
cluded within  the  description,  of  the 
'  several  States ;'  or  there  could  have 
been  no  fitness  in  immediately  thereaf- 
ter particularising  '  the  Indian  tribes.' 

It  is  generally  understood  that  every 
separate  body  of  Indians  is  divided  into 
bands  or  tribes,  and  forms  a  little  com- 
munity within  the  nation  to  which  it 
belongs  ;  and  as  the  nation  has  some 
particular  symbol  by  M^hich  it  is  distin- 
guished from  others,  so  each  tribe  has  a 
badge  from  which  it  is  denominated, 
and  each  tribe  may  have  rights  applica- 
ble to  itself. 

Cases  may  arise  where  the  trade  with 
a  particular  tribe  may  require  to  be  reg- 
ulated, and  which  might  not  have  been 
embraced  under  the  general  descrip- 
tion of  the  term  nation,  or  it  might  at 
least  have  lefl  the  case  somewhat  doubt- 
ful ;  as  the  clause  was  intended  to  vest 
in  Congress  the  power  to  regulate  all 
commercial  intercourse,  this  phraseology 
was  probably  adopted  to  meet  all  possi- 
ble cases ;  and  the  provision  would  have 
been  imperfect,  if  the  term  Indian  tribes 
had  been  omitted. 

Congress  could  not  then  have  regula- 
ted the  trade  with  any  particular  tribe 
that  did  not  extend  to  the  whole  nation. 
Or,  it  may  be,  that  the  term  tribe  is  here 
used  as  importing  the  same  thing  as 
that  of  nation,  and  adopted  merely  to 
avoid  the  repetition  of  the  term  nation  : 
and  the  Indians  are  specially  named, 
because  there  was  a  provision  some- 
what analogous  in  the  confederation  ; 
and  entirely  omitting  to  name  the  Indi- 
an tribes,  might  have  afforded  some 
plausible  grounds  for  concluding  that 
this  branch  of  commercial  intercourse 
was  not  subject  to  the  power  of  Con- 
gress. 

On  examining  the  journals  of  the  old 
Congress,  which  contain  numerous  pro- 
ceedings and  resolutions  respecting  the 
Indians,  the  terms  '  nation'  and  *  tribe  ' 
are  frequently  •  used  indiscriminately, 
and  as  importing  the  same  thing  ;  and 
treaties  were  sometimes  entered  into 
with  the  Indians,  under  the  description 
or  denomination  of  tribes,  without  nam- 
ing the  nation.  See  Journals  30th  June 
and  12th  July  1775;  8th  March  1776; 
20th  October  1777,  and  numerous  other 
instances. 

But  whether  any  of  these  suggestions 


LAW  CASES,  &c. 


[253 


will  satisfactorily  account  for  the  phrase- 
ology here  used,  or  not,  it  appears  to  me 
to  be  of  too  doubtful  import  to  outweigh 
the  considerations  to  which  I  have  re- 
ferred, to  show  that  the  Cherokees  are  a 
foreign  nation.  The  difference  between 
the  provision  in  the  Constitution  and 
that  in  the  confederation  on  this  sub- 
ject, appears  to  me  to  show  very  satis- 
factorily, that  so  far  as  related  to  trade 
and  commerce  with  the  Indians  wherever 
found  in  tribes,  whether  within  or  with- 
out the  limits  of  a  State,  was  subject  to 
the  regulation  of  Congress. 

The  provision  in  the  confederation, 
Art.  9,  (1  Laws  United  States,  17,)  is, 
that  Congress  shall  have  the  power  of 
regulating  the  trade  and  management  of 
all  affairs  with  the  Indians  not  members 
of  any  of  the  States,  provided  that  the 
legislative  right  of  any  State  within  its 
own  limits  be  not  infringed  or  violated. 
The  true  import  of  this  provision  is  cer- 
tainly not  very  obvious  ;  see  Federalist, 
No.  42.  What  were  the  legislative 
rights  intended  to  be  embraced  within 
the  proviso  is  left  in  great  uncertainty. 
But  whatever  difficulty  on  that  subject 
might  have  arisen  under  the  confedera- 
tion, it  is  entirely  removed  by  the  omis- 
sion of  the  proviso  in  the  present  Con- 
stitution ;  thereby  leaving  this  power 
entirely  with  Congress,  without  regard 
to  any  State  right  on  the  subject ;  and 
showmg  that  the  Indian  tribes  were 
considered  as  distinct  communities,  al- 
though within  the  limits  of  a  State. 

The  provision,  as  contained  in  the 
confederation,  may  aid  in  illustrating 
what  is  to  be  inferred  from  some  parts 
of  the  Constitution,  (Art.  1,  §  1,  par.  3,) 
as  to  the  apportionment  of  representa- 
tives, and  acts  of  Congress  in  relation  to 
the  Indians,  to  wit,  that  they  are  divided 
into  two  distinct  classes.  One  compos- 
ed of  those  who  are  considered  mem- 
bers of  the  State  within  which  they  re- 
side, and  the  other  not ;  the  former  em- 
bracing the  remnant  of  the  tribes  who 
had  lost  their  distinctive  character  as  a 
separate  community,  and  had  become 
subject  to  the  laws  of  the  States  ;  and 
the  latter  such  as  still  retained  their 
original  connection  as  tribes,  and  live  to- 
gether under  their  own  laws,  usages  and 
customs,  and,  as  such,  are  treated  as  a 
community  independent  of  the  State. 
No  very  important  conclusion,  I  think, 
therefore,  can  be  drawn  from  the  use  of 
the  term  'tribe'  in  this  clause  of  the 
Constitution  ;  intended  merely  for  com- 
mercial regulations.  If  considered  as 
importing   the  same  thing  as  the  term 

22 


*  nation,'  it  might  have  been  adopted  to 
avoid  the  repetition  of  the  word  nation. 

Other  instances  occur  in  the  Consti- 
tution where  different  terms  are  used 
importing  the  same  thing.  Thus,  in 
the  clause  giving  jurisdiction  to  this 
Court,  the  term  '  foreign  States,'  is  used 
instead  of  '  foreign  nations,'  as  in  the 
clause  relating  to  commerce.  And 
again,  in  Art.  1,  §  10,  a  still  different 
phraseology  is  employed.  '  No  State, 
without  the  consent  of  Congress,  shall 
enter  into  any  agreement  or  compact 
with  a  "  foreign  power  "  '  But  each  of 
these  terms,  nation.  State,  power,  as 
used  in  different  parts  of  the  Constitu- 
tion, imports  the  same  thing,  and  does 
not  admit  of  a  different  interpretation. 
In  the  treaties  made  with  the  Indians, 
they  are  sometimes  designated  under  the 
name  of  tribe,  and  sometimes  that  of  na- 
tion. In  the  treaty  of  1804,  with  the 
Delaware  Indians,  they  are  denominated 
the  '  Delaware  tribe  of  Indians.'  (1 
Laws  United  States,  305.)  And  in  a 
previous  treaty  with  the  same  people  in 
the  year  1778,  they  are  designated  by 
the  name  of  '  the  Delaware  nation. '  (I 
Laws  United  States,  302.) 

As  this  was  one  of  the  earliest  treaties 
made  with  the  Indians,  its  provisions^ 
may  serve  to  show  in  what  light  the  In- 
dian nations  were  viewed  by  Congress 
at  that  day. 

The  territory  of  the  Delaware  nation 
was  within  the  limits  of  the  States  of 
New  York,  Pennsylvania,  and  New  Jer- 
sey. Yet  we  hear  of  no  claim  of  juris- 
diction set  up  by  those  States  over  these 
Indians.  This  treaty ,  both  in  form  and 
substance,  purports  to  be  an  arrangement 
with  an  independent  sovereign  power. 
It  even  purports  to  be  articles  of  confed- 
eration. It  contains  stipulations  rela- 
tive to  peace  and  war,  and  for  permis- 
sion to  the  United  States  troops  to  pass 
through  the  country  of  the  Delaware 
nation.  That  neither  party  shall  pro- 
tect in  their  respective  States,  servants,, 
slaves,  or  criminals,  fugitives  from  the 
other ;  but  secure,  and  deliver  them  up. 
Trade  is  regulated  between  the  parties. 
And  the  sixth  article  shows  the  early 
pledge  of  the  United  States  to  protect 
the  Indians  in  their  possessions,  against 
any  claims  or  encroachments  of  the 
States.  It  recites,  that  whereas  the  en- 
emies of  the  United  States  have  endeav- 
ored to  impress  the  Indians  in  general 
with  an  opinion  that  it  is  the  design  of 
the  States  to  extirpate  the  Indians,  and 
take  possession  of  their  country ;  to  ob- 
viate such  false  suggestions,  the  United 


254] 


ANNUAL  REGISTER,  1830—31. 


States  do  engage  to  guaranty  to  the 
aforesaid  nation  of  Delawares  and  their 
heirs,  all  tl>eir  territorial  rights,  in  the 
fullest  and  most  ample  manner,  as  it 
has  been  bounded  by  former  treaties,  &c. 
And  provision  is  even  made  for  inviting 
other  tribes  to  join  the  confederacy  ; 
and  to  form  a  State  ;  and  have  a  repre- 
sentation in  Congress,  should  it  be  found 
conducive  to  the  mutual  interest  of  both 
parties.  All  which  provisions  are  to- 
tally inconsistent  with  the  idea  of  these 
Indians  being  considered  under  the  ju- 
risdiction of  the  States;  although  their 
chartered  limits  might  extend  over 
them. 

The  recital,  in  this  treaty,  contains  a 
declaration  and  admission  of  Congress 
of  the  rights  of  Indians  in  general  ;  and 
that  the  impression  which  our  enemies 
were  endeavoring  to  make,  that  it  was 
the  design  of  the  States  to  extirpate 
them  and  take  their  lands,  was  false. 
And  the  same  recognition  of  their  rights 
runs  through  all  the  treaties  made  with 
the  Indian  nations  or  tribes,  from  that 
day  down  to  the  present  time. 

The  twelfth  article  of  the  treaty  of 
Hopewell,  contains  a  full  recognition  of 
the  sovereign  and  independent  charac- 
ter of  the  Cherokee  nation.  To  impress 
upon  them  full  confidence  in  the  justice 
of  the  United  States  respecting  their  in- 
terest, they  have  a  right  to  send  a  dep- 
uty of  their  choice  to  Congress.  No  one 
can  suppose  that  such  deputy  was  to 
take  his  seat  as  a  member  of  Congress  ; 
but  that  he  would  be  received  as  the 
agent  of  that  nation.  It  is  immaterial 
what  such  agent  is  called,  whether  min- 
ister, commissioner,  or  deputy  ;  he  is  to 
represent  his  principal. 

There  could  have  been  no  fitness  or 
propriety  in  any  such  stipulation,  if  the 
Cherokee  nation  had  been  considered  in 
any  way  incorporated  with  the  State  of 
Georgia,  or  as  citizens  of  that  State. 
The  idea  of  the  Cherokees  being  con- 
sidered citizens  is  entirely  inconsistent 
with  several  of  our  treaties  with  them. 
By  the  eighth  article  of  the  treaty  of  the 
26th  December,  1817,  (6  Laws  U.  S. 
706,)  the  United  States  stipulate  to  give 
640  acres  of  land  to  each  head  of  any 
Indian  family,  residing  on  the  lands  now 
ceded,  or  which  may  hereafter  be  sur- 
rendered to  the  United  States,  who  may 
wish  to  become  citizens  of  the  United 
States  ;  so  also  the  second  article  of  the 
treaty  with  the  same  nation,  of  the  10th 
of  March,  1819,  contains  the  same  stipu- 
lation in  favor  of  the  heads  of  families, 
who  may  choose  to  become  citizens  of 
the  U'nited  States ;  thereby  clearly  show- 


ing that  they  were  not  considered  citi- 
zens at  the  time  those  stipulations  were 
entered  into,  or  the  provision  would 
have  been  entirely  unnecessary  if  not 
absurd.  And  if  not  citizens,  they  must 
be  aliens  or  foreigners,  and  such  must 
be  the  character  of  each  individual  be- 
longing to  the  nation.  And  it  was, 
therefore,  very  aptly  asked  on  the  argu- 
ment, and  1  think  not  very  easily  ans- 
wered, how  a  nation  composed  of  aliens 
or  foreigners  can  be  other  than  a  foreign 
nation. 

The  question  touching  the  citizenship 
of  an  Oneida  Indian  came  under  the 
consideration  of  the  Supreme  Court  of 
New  York  in  the  case  of  Jackson  vs. 
Goodel,  (20  Johns.  193.)  The  lessor  of 
the  plaintiff  was  the  son  of  an  Oneida 
Indian  who  had  received  a  patent  for  the 
lands  in  question,  as  an  officer  in  the 
revolutionary  war ;  and  although  the 
Supreme  Court,  under  the  circumstan- 
ces of  the  case,  decided  he  was  a  citi- 
zen, yet  Chief  Justice  Spencer  observ- 
ed ;  we  do  not  mean  to  say,  that  the 
condition  of  the  Indian  tribes  (alluding 
to  the  Six  Nations),  atformerand  remote 
periods,  has  been  that  of  subjects  or  cit- 
izens of  the  State  ;  their  condition  has 
been  gradually  changing,  until  they 
have  lost  every  attribute  of  sovereignty, 
and  become  entirely  dependent  upon 
and  subject  to  our  government.  But 
the  cause  being  carried  up  to  the  Court 
of  Errors,  Chancellor  Kent,  in  a  very 
elaborate  and  able  opinion  on  that  ques- 
tion, cariieto  a  different  conclusion  as  to 
the  citizenship  of  the  Indian,  even  un- 
der the  strong  circumstances  of  that 
case. 

'  The  Oneidas,'  he  observed,  and 
'  the  tribes  composing  the  Six  Nations  of 
Indians,  were  originally  free  and  inde- 
pendent nations,  and  it  is  for  the  coun- 
sel who  contend  that  they  have  now 
ceased  to  be  a  distinct  people  and  be- 
come completely  incorporated  with  us, 
to  point  out  the  time  when  that  event 
took  place.  In  my  view  they  have  nev- 
er been  regarded  as  citizens,  or  members 
of  our  body  politic.  They  have  always 
been,  and  still  are,  considered  by  our 
laws  as  dependent  tribes,  governed  by 
their  own  usages  and  chiefs ;  but  placed 
under  our  protection,  and  subject  to  our 
coercion,  so  far  as  the  public  safety  re- 
quired it,  and  no  further.  The  whites 
have  been  gradually  pressing  upon  them, 
as  they  kept  receding  from  the  approach- 
es of  civilization.  We  have  purchased 
the  greater  part  of  their  lands,  destroyed 
their  hunting  grounds,  subdued  the  wil- 
derness around  them, overwhelmed  them 


LAW  CASES,  &c. 


[255 


with  our  population,  and  gradually 
abridged  their  native  independence. 
Still  they  are  permitted  to  exist  as  dis- 
tinct nations,  and  we  continue  to  treat 
with  their  sachems  in  a  national  capaci- 
ty, and  as  being  the  lawful  representa- 
tives of  their  tribes.  Through  the  whole 
course  of  our  colonial  history,  these  In- 
dians were  considered  dependent  aUies. 
The  colonial  authorities  uniformly  ne- 
gotiated with  them,  and  made  and  ob- 
served treaties  with  them  as  sovereign 
communities,  exercising  the  right  of  free 
deliberation  and  action  ;  but,  in  consid- 
eration of  protection,  owing  a  qualified 
subjection  in  a  national  capacity  to  the 
British  crown.  No  argument  can  be 
drawn  against  the  sovereignty  of  these 
Indian  nations,  from  the  fact  of  their 
having  put  themselves  and  their  lands 
under  the  protection  of  the  British 
crown  :  such  a  fact  is  of  frequent  occur- 
rence between  independent  nations. 
One  community  may  be  bound  to  anoth- 
er by  a  very  unequal  alliance,  and  still 
be  a  sovereign  State.  (Vat.  B.  1,  ch. 
16,  §  194.)  The  Indians,  though  born 
within  our  territorial  limits,  are  consid- 
ered as  born  under  the  dominion  of  their 
own  tribes.  There  is  nothing  in  the 
proceedings  of  the  United  States  during 
the  revolutionary  war,  which  went  to 
impair  and  much  less  to  extinguish  the 
national  character  of  the  Six  Nations, 
and  consolidate  them  with  our  own  peo- 
ple. Every  public  document  speaks  a 
different  language,  and  admits  their 
distinct  existence  and  competence  as 
nations ;  but  placed  in  the  same  state  of 
dependence,  and  calling  for  the  same 
protection  which  existed  before  the  war. 
In  the  treaties  made  with  them,  we  have 
the  forms  and  requisites  peculiar  to  the 
intercourse  between  friendly  and  inde- 
pendent States ;  and  they  are  conform- 
able to  the  received  institutes  of  the  law 
of  nations.  What  more  demonstrable 
proof  can  we  require  of  existing  and  ac- 
kowledged  sovereignty.' 

If  this  be  a  just  view  of  the  Oneida 
Indians,  the  rules  and  principles  here 
applied  to  that  nation,  may,  with  mucli 
greater  force,  be  applied  to  the  charac- 
ter, state,  and  condition  of  the  Cherokee 
nation  of  Indians ;  and  we  may  safely 
conclude  that  they  are  not  citizens,  and 
must  of  course  be  aliens  ;  and,  if  aliens 
in  their  individual  capacities,  it  will  be 
difficult  to  escape  the  conclusion,  that, 
as  a  community,  they  constitute  a  for- 
eign nation  or  State,  and  thereby  be- 
come a  competent  party  to  maintain  an 
action  in  this  Court,  according  to  the 
express  terms  of  the  Constitution. 


And  why  should  this  Court  scruple 
to  consider  this  nation  a  competent  party 
to  appear  here  ? 

Other  departments  of  the  Govern- 
ment, whose  right  it  is  to  decide  what 
powers  shall  be  recognised  as  sovereign 
and  independent  nations,  have  treated 
this  nation  as  such.  They  have  consid- 
ered it  competent,  in  its  political  and 
national  capacity,  to  enter  into  contracts 
of  the  most  solemn  character ;  and  if 
these  contracts  contain  matter  proper  for 
judicial  inquiry,  why  should  we  refuse 
to  entertain  jurisdiction  of  the  case  ? 
Such  jurisdiction  is  expressly  given  to 
this  Court  in  cases  arising  under  treaties 
If  the  executive  department  does  not 
think  proper  to  enter  into  treaties  or 
contracts  with  the  Indian  nations,  no 
case  with  them  can  arise  calling  for  ju- 
dicial cognisance.  But  when  such  trea- 
ties are  found  containing  stipulations 
proper  for  judicial  cognisance,  I  am  un- 
able to  discover  any  reasons  satisfying 
my  mind  that  this  Court  has  not  juris- 
diction of  the  case. 

The  next  inquiry  is,  whether  such  a 
case  is  made  out  in  the  bill  as  to  war- 
rant this  Court  in  granting  any  relief.' 

I  have  endeavored  to  show,  that  the 
Cherokee  nation  is  a  foreign  State  ;  and, 
as  such,  a  competent  party  to  maintain 
an  original  suit  in  this  Court,  against 
one  of  the  United  States.  The  injuries 
complained  of,  are  violations  committed 
and  threatened  upon  the  property  of  the 
complainants,  secured  to  them  by  the 
laws  and  treaties  of  the  United  States. 
Under  the  Constitution,  the  judicial 
power  of  the  United  States  extends  ex- 
pressly to  all  cases  in  law  and  equity, 
arising  under  the  laws  of  the  United 
States,  and  treaties  made,  or  which  shall 
be  made,  under  the  authority  of  the 
same. 

In  the  case  of  Osborn  vs.  The  United 
States  Bank,  (9  Wheat.  819,;  the  Court 
say,  that  this  clause  in  the  Constitution 
enables  the  judicial  department  to  re- 
ceive jurisdiction  to  the  full  extent  ot 
the  Constitution,  laws,  and  treaties  of 
the  United  States,  when  any  question 
respecting  them  shall  assume  such  a 
form  that  the  judicial  power  is  capable 
of  acting  on  it.  That  power  is  capable 
of  acting  only  when  the  subject  is  sub- 
mitted to  it  by  a  party  who  asserts  his 
rights  in  the  form  presented  by  law.  It 
then  becomes  a  case,  and  the  Constitu- 
tion authorises  the  application  of  the  ju- 
dicial power. 

The  question  presented  in  the  present 
case  is,  under  the  ordinary  form  of  judi- 
cial proceedings,  to  obtain  an  injunctio  j^ 


256] 


ANNUAL  REGISTER,  1830—31. 


to  prevent  or  stay  a  violation  of  the 
rights  of  property  claimed  and  held  by 
the  complainants,  under  the  treaties  and 
laws  of  the  United  States  ;  which,  it  is 
alleged,  have  been  violated  by  the  State 
of  Georgia.  Both  the  form,  and  the 
subject  matter  of  the  complaint,  there- 
fore, fall  properly  under  judicial  cognis- 
ance. 

What  the  rights  of  property  in  the 
Cherokee  nation  are,  may  be  discovered 
from  the  several  treaties  which  have 
been  made  between  the  United  States 
and  that  nation  between  the  years  1785, 
and  1819.  It  will  be  unnecessary  to  no- 
tice many  of  them.  They  all  recognise 
in  the  most  unqualified  manner,  a  right 
of  property  in  this  nation,  to  the  occu- 
pancy at  least,  of  the  lands  in  ques- 
tion. It  is  immaterial  whether  this  in- 
terest is  a  mere  right  of  occupancy,  or 
an  absolute  right  to  the  soil.  The  com- 
plaint is  for  a  violation,  or  threatened 
violation,of  the  possessory  right.  And 
this  is  a  right,  in  the  enjoyment  of 
which,  they  are  entitled  to  protection, 
according  to  the  doctrine  of  this  Court 
in  the  cases  of  Fletcher  vs.  Peck,  (6 
Cranch  87,  2  Peters's  Cond.  Rep.  308,) 
and  Johnson  vs.  M'Intosh,  (8  Wheat. 
592.)  By  the  fourth  article  of  the  treaty 
of  Hopewell,  as  early  as  the  year  1785, 
(1  Laws  United  States,  323,)  the  boun- 
dary line  between  the  Cherokees  and 
the  citizens  of  the  United  States  within 
the  limits  of  the  United  States  is  fixed. 
The  fifth  article  provides  for  the  removal 
and  punishment  of  citizens  of  the  Unit- 
ed States  or  other  persons,  not  being 
Indians,  who  shall  attempt  to  settle  on 
the  lands  so  allotted  to  the  Indians; 
thereby  not  only  surrendering  the  ex- 
clusive possession  of  these  lands  to  this 
nation,  but  providing  for  the  protection 
and  enjoymentof  such  possession.  And, 
it  may  be  remarked,  in  corroboration  of 
what  has  been  said  in  a  former  part  of 
this  opinion,  that  there  is  here  drawn  a 
marked  line  of  distinction  between  the 
Indians  and  citizens  of  the  United 
States ;  entirely  excluding  the  former 
from  the  character  of  citizens. 

Again,  by  the  treaty  of  Holston,  in 
1791,  (1  Laws  United  States,  325)  the 
United  States  purchase  a  part  of  the  ter 
ritory  of  this  nation,  and  a  new  boun- 
dary line  is  designated,  and  provision 
made  for  having  it  ascertained  and 
marked.  The  mere  act  of  purchasing 
and  paying  a  consideration  for  these 
lands,  is  a  recognition  of  the  Indian 
right.  In  addition  to  which,  the  United 
States,  by  the  seventh  article,  solemnly 
guarantee  to  the   Cherokee  nation  all 


their  lands  not  ceded  by  that  treaty. 
And  by  the  eighth  article  it  is  declared, 
that  any  citizens  of  the  United  States, 
who  shall  settle  upon  any  of  the  Chero- 
kee lands,  shall  forfeit  the  protection  of 
the  United  States  ;  and  the  Cherokees 
may  punish  them  or  not  as  they  shall 
please. 

This  treaty  was  made  soon  after  the 
adoption  of  the  present  Constitution. 
And  in  the  last  article  it  is  declared 
that  it  shall  take  effect,  and  be  obligatory 
upon  the  contracting  parties  as  soon  as 
the  same  shall  have  been  ratified  by  the 
President  of  the  United  States,  with  the 
advice  and  consent  of  the  Senate ;  there- 
by showing  the  early  opinion  of  the 
government  of  the  character  of  the 
Cherokee  nation.  The  contract  is  made 
by. way  of  treaty,  and  to  be  ratified  in 
the  same  manner  as  all  other  treaties 
made  with  sovereign  and  independent 
nations  ;  and  which  has  been  the  mode 
of  negotiating  in  all  subsequent  Indian 
treaties. 

And  this  course  was  adopted  by  Pres- 
ident Washington  upon  great  considera- 
tion, by  and  with  the  previous  advice 
and  concurrence  of  the  Senate.  In  his 
message,  sent  to  the  Senate  on  that  oc- 
casion, he  states,  that  the  white  people 
had  intruded  on  the  Indian  lands,  as 
bounded  by  the  treaty  of  Hopewell,  and 
declares  his  determination  to  execute  the 
power  entrusted  to  hina  by  the  Consti- 
tution, to  carry  that  treaty  into  faithful 
execution;  unless  anew  boundary  should 
be  arranged  with  the  Cherokees,  em- 
bracing the  intrusive  settlements,  and 
compensating  the  Cherokees  therefor. 
And  he  puts  to  the  Senate  this  question  : 
shall  the  United  States  stipulate  solemn- 
ly to  guaranty  the  new  boundary  which 
shall  be  arranged  ?  Upon  which  the 
Senate  resolve,  that  in  case  a  new,  or 
other  boundary  than  that  stipulated  by 
the  treaty  of  Hopewell  shall  be  con- 
cluded with  the  Cherokee  Indians,  the 
Senate  do  advise  and  consent,  solemnly, 
to  guaranty  the  same.  (1  Executive 
Journal,  60.)  In.  consequence  of  which 
the  treaty  of  Holston  was  entered  into, 
containing  the  guarantee. 

Further  cessions  of  land  have  been 
made  at  different  times,  by  the  Chero- 
kee nation  to  the  United  States,  for  a 
consideration  paid  therefor;  and,  as  the 
treaties  declare,  in  acknowledgment 
for  the  protection  of  the  United  States : 
(see  treaty  of  1798, 1  Laws  U.  S.  332,) 
the  United  States  always  recognising, 
in  the  fullest  manner,  the  Indian  right 
of  possession :  and  in  the  treaty  of  the 
8th  of  July  1817,  art.  5  (6  Laws  U.  S. 


LAW  CASES,  &c. 


[257 


702,)  all  former  treaties  are  declared  to 
be  in  full  force  ;  and  the  sanction  of  the 
United  States  is  given  to  the  proposition 
of  a  portion  of  the  nation  to  begin  the 
establishment  of  fixed  laws  and  a  regu- 
i  lar  government :  thereby  recognising  in 
'  the  nation  a  political  existence,  capable 
,  of  forming  an  independent  government, 
separate  and  distinct  from,  and  in  no 
manner  whatever  under  the  jurisdiction 
of  the  State  of  Georgia;  and  no  objec- 
tion is  known  to  have  been  made  by 
that  State. 

And,  again,  in  1819,  (6  Laws  U.  S. 
748,)  another  treaty  is  made  sanctioning 
and  carrying  into  effect  the  measures, 
contemplated  by  the  treaty  of  1817; 
beginning  with  a  recital  that  the  greater 
part  of  the  Cherokees  have  expressed 
an  earnest  desire  to  remain  on  this  side 
of  the  Mississippi,  and  being  desirous, 
in  order  to  commence  those  measures 
which  they  deem  necessary  to  the  civil- 
ization and  preservation  of  their  nation, 
that  the  treaty  between  the  United 
States  and  them,  of  the  8th  of  July 
1817,  might,  without  further  delay,  be 
finally  ac^usted,  have  offered  to  make 
a  further  cession  of  land,  &c.  This 
cession  is  accepted,  and  various  stipula- 
tions entered  into,  with  a  view  to  their 
civilization,  and  the  establishment  of  a 
regular  government,  which  has  since 
been  accomplished.  And  by  the  fifth  ar- 
ticle it  is  stipulated,  that  all  white  people 
who  have  intruded,  or  who  shall  there- 
after intrude  on  the  lands  reserved  for 
the  Cherokees,  shall  be  removed  by  the 
United  States,  and  proceeded  against 
according  to  the  provisions  of  the  act  of 
1802,  entitled  '  An  act  to  regulate  trade 
and  intercourse  with  the  Indian  tribes, 
and  to  preserve  peace  on  the  frontiers.' 
(3  Laws  U.  S.  460.)  By  this  act,  the 
boundary  lines,  established  by  treaty 
with  the  various  Indian  tribes,  are  re- 
quired to  be  ascertained  and  marked ; 
and  among  others,  that  with  the  Cher- 
okeee  nation,  according  to  the  treaty  of 
the  2d  of  October  1798. 

It  may  !• ;  necessary  here,  briefly  to  no- 
notice,  some  of  the  provisions  of  this  act 
of  1802,  so  far  as  it  goes  to  protect  the 
rights  of  property  in  the  Indians  ;  for 
the  purpose  of  seeing  whether  there 
has  been  any  violation  of  those  rights  by 
the  State  of  Georgia,  which  falls  prop- 
erly under  judicial  cognisance.  By  this 
act,  it  is  made  an  offence  punishable  by 
fine  and  imprisonment,  for  any  citizen 
or  other  person  resident  in  the  United 
States,  or  either  of  the  territorial  dis- 
tricts, to  cross  over  or  go  within  the 
boundary  line,  to  hunt  or  destroy  the 

22* 


game,  or  drive  stock  to  range  or  feed 
on  the  Indian  lands,  or  to  go  into  any 
country,  allotted  to  the  Indians,  without 
a  passport,  or  to  commit  therein  any 
robbery,  larceny,  trespass,  or  other 
crime,  against  the  person  or  property  of 
any  friendly  Indian,  which  would  be 
punishable,  if  committed  within  the  ju- 
risdiction of  any  State,  against  a  citizen 
of  the  United  States,  thereby  necessarily 
implying  that  the  Indian  territory  se- 
cured by  treaty  was  n  )t  within  the  ju- 
risdiction of  any  State.  The  act  lurther 
provides,  that  when  property  is  taken 
or  destroyed,  the  offender  shall  forfeit 
and  pay  twice  the  value  of  the  property 
so  taken  or  destroyed.  And  by  the  fifth 
section  it  is  declared,  that  if  any  citizen 
of  the  United  States,  or  other  person, 
shall  make  a  settlement  on  any  lands 
belonging  or  secured,  or  guarrantied,  by 
treaty  with  the  United  States  to  any 
Indian  tribe  ;  or  shall  survey  or  attempt 
to  survey,  such  lands,  or  designate  any 
of  the  boundaries,  by  marking  trees  or 
otherwise  ;  such  offender  shall  forfeit  a 
sum  not  exceedin*  one  thousand  dollars, 
and  suffer  imprisonment  not  exceeding 
twelve  months. 

This  act  contains  various  other  pro- 
visions for  the  purpose  of  protecting  the 
Indians  in  the  free  and  uninterrupted 
enjoyment  of  their  lands  :  and  author- 
ity is  given  (§  16)  to  employ  the  mili- 
tary force  of  the  United  States  to  ap- 
prehend all  persons  who  shall  be  found, 
in  the  Indian  country,  in  violation  of 
any  of  the  provisions  of  the  act ;  and 
deliver  them  up  to  the  civil  authority, 
to  be  proceeded  against  in  due  course 
of  law. 

It  may  not  be  improper  here  to  no- 
tice some  diversity  of  opinion  that  has 
been   entertained   with  respect  to  the 
construction  of  the   nineteenth  section 
of  this  act,  which  declares  that  nothing 
therein  contained  shall  be  construed  to 
prevent  any  trade  or  intercourse  with 
the  Indians  living  on  lands  surrounded 
by  settlements  of  citizens  of  the  United 
States,  and  being  within  the  ordinary 
jurisdiction   of  any   of  the    individual 
States.     It  is  understood  that  the  State 
of  Georgia  contends  that  the  Cherokee       # 
nation  come  within  this  section,  and  are 
subject  to  the  jurisdiction  of  that  State. 
Such  a  construction  makes  the  act  in- 
consistent with  itself,  and  directly  re- 
pugnant to  the  various  treaties  entered 
into  between  the  United  States  and  the 
Cherokee  Indians."    The  act  recognises 
and  adopts  the  boundary  line  as  settled 
by  treaty.    And  by  these  treaties,  which 
are  in  full  force,  the  United  States  sol- 


■S] 


ANNUAL  REGISTER,  1830—31. 


emnly  guaranty  to  the  Cherokee  nationare      bound   under   their  guarantee,  to 


all  their  lands  not  ceded  to  the  United 
States ;  and  these  lands  lie  within  the 
chartered  limits  of  Georgia :  and  this 
was  a  subsisting  guarantee  under  the 
treaty  of  1791,  when  the  act  of  1802 
was  passed.  It  would  require  the  most 
unequivocal  language   to    authorise   a 


protect  the  nation  in  the  enjoyment  or 
such  occupancy;  cannot,  in  my  judg- 
ment, admit  of  a  doubt:  and  that  some 
of  the  laws  of  Georgia  set  out  in  the 
bill  are  in  violation  of,  and  in  conflict 
with  those  treaties  and  the  act  of  1802, 
is  to  my  mind  equally  clear.     But  a  ma- 


construction   so  directly  repugnant  to     jority  of  the  court  having  refused  the 


these  treaties 

But  this  section  admits  of  a  plain 
and  obvious  interpretation,  consistent 
with  other  parts  of  the  act,  and  in  har- 
mony with  these  treaties.  The  refer- 
ence undoubtedly  is  to  that  class  of  In- 
dians which  has  already  been  referred 
to,  consisting  of  the  mere  remnants  of 
tribes,  which  have  become  almost  ex- 
tinct ;  and  who  have.jin  a  great  measure, 
lost  their  original  character,  and  aban- 
doned their  usages  and  customs,  and  be- 
come subject  to  the  laws  of  the  State, 
although  in  many  parts  of  the  country, 
living  together,  and  surrounded  b}'  the 
whites.  They  cannot  be  said  to  have 
any  distinct  government  of  their  own, 
and  are  within  the  ordinary  jurisdiction 
and  government  of  the  State  where 
they  are  located. 

Jiut  such  was  not  the  condition  and 
character  of  the  Cherokee  nation,  in 
any  respect  whatever,  in  the  year  1802, 
or  at  any  time  since,  it  was  a  nume- 
rous and  distinct  nation,  living  under  the 
government  of  their  own  laws,  usages, 
and  customs,  and  in  no  sense  under  the  or- 
dinary jurisdiction  of  the  State  of  Geor- 
gia; but  under  the  protection  of  the 
United  States,  with  a  solemn  guarantee 
"by  treaty  of  the  exclusive  right  to  the 
possession  of  their  lands.  1  his  guar- 
antee is  to  the  Chexokees  in  their  na- 
tional capacit3^  Their  land  is  held  in 
common,  and  every  invasion  of  their 


injunction,  so  that  no  relief  whatever 
can  be  granted,  it  would  be  a  fruitless 
inquiry  for  me  to  go  at  large  into  an 
examination  of  the  extent  to  which  re- 
lief might  be  granted  by  this  court,  ac- 
cording to  my  own  view  of  the  case. 

1  certainly,  as  before  observed,  do  not 
claim,  as  belonging  to  the  judiciary,  the 
exercise  of  political  power.  That  be- 
longs to  another  branch  of  the  govern- 
ment. The  protection  and  enforcement 
of  many  rights,  secured  by  treaties,  most 
certain!}'  do  not  belong  to  the  judiciary. 
It  is  only  where  the  rights  of  persons 
or  property  are  involved,  and  when  such 
rights  can  be  presented  under  some  ju- 
dicial form  of  proceedings,Uhat  courts 
of  justice  can  interpose  relief. 

This  Court  can  have  no  right  to 
pronounce  an  abstract  opinion  upon  the 
constitutionality  of  a  State  law.  Such 
law  must  be  brought  into  actual  or 
threatened  operation,  upon  rights  prop- 
erly falling  under  judicial  cognisance, 
or  a  remedy  is  not  to  be  had  here. 

The  laws  of  Georgia  set  out  in  the 
bill,  if  carried  fully  into  operation,  go 
the  length  of  abrogating  all  the  laws  of 
the  Cherokees,  abolishing  their  govern- 
ment, and  entirely  subverting  their  na- 
tional character.  Although  the  whole 
of  these  laws  may  be  in  violation  of  the 
treaties  made  with  this  nation,  it  is  pro- 
bable this  court  cannot  grant  relief  to 
the  full  extent  of  the  complaint.    Some 


possessory  right  is  an  injury  done  to  the     of  them,  however,   are   so   directly  at 


nation,  and  not  to  any  individual.  No 
private  or  individual  suit  could  be  sus- 
tained :  the  injury  done  being  to  the 
nation,  the  remedy  sought  must  be  in 
the  name  of  the  nation.  All  the  rights 
secured  to  these  Indians,  under  any 
treaties  made  with  them,  remain  un- 
impaired. These  treaties  are  acknowl- 
edged by  the  United  Stites  to  be  in 
full  force,  by  the  proviso  to  the  seventh 
section  of  the  act  of  the  28th  May  3830 ; 
Avhich  declares,  that  nothing  in  this  act 
contained  shall  be  construed  as  author- 
ising or  directing  the  violation  of  any 
existing  treaty  between  the  United 
States  and  any  Indian  tribes. 

That  the  Cherokee  nation  of  Indians 
have,  by  virtue  of  these  treaties,  an  ex- 
clusive right  of  occupancy  of  the  lands 
in  question,  and  that  the  Unit*?d  States 


variance  with  these  treaties  and  the 
laws  of  the  United  States,  touching  the 
rights  of  property  secured  to  them, 
that  I  can  perceive  no  objection  to  the 
application  of  judicial  relief.  The  State 
of  Georgia  certainly  could  not  have  in- 
tended these  laws  as  declarations  ot 
hostility,  or  wish  their  execution  ot 
them  lo  be  viewed  in  any  manner  what- 
ever as  acts  of  war ;  but  merely  as  an 
assertion  of  what  is  claimed  as  a  legal 
right;  and  in  this  light  ought  they  to 
be  considered  by  this  court. 

The  act  of  the  2d  of  December,  1830,  is 
entitled  '  an  act  to  authorise  the  gover- 
nor to  take  possession  of  the  gold  and 
silver  and  other  mines  lying,  and  being 
in  that  section  of  the  chartered  limits 
of  Georgia,  commonly  called  the  Clier- 
okee  country,  and  those  upon  all  ether 


LAW  CASES,  &c. 


[259 


unappropriated  lands  of  the  State,  and 
for  punishing  persons  who  may  be  found 
trespassing  on  the  mines.'     The  pream- 
ble to  this  act  asserts  the  title  to  these 
mines  lo  belong  to  the  State  of  Georgia ; 
and  by  its  provisions  twenty  thousand 
dollars  are  appropriated,  and  placed  at 
the  disposal  of  the   Governor  to  enable 
him  to  take  possession  of  those  mines ; 
and  it  is  made  a  crime,  punishable  by 
imprisonment  in    the   penitentiary    of 
Georgia  at  hard   labor,  for  the  Chero- 
kee Indians  to  work  these  mines.    And 
the  bill  alleges  that  under  the  laws  of 
the  State  in  relation  to  the  mines,  the 
Governor  has  stationed  at  the  mines  an 
armed  force  who  are  employed  in  re- 
training the  complainants  in  their  rights 
and   liberties   in   regard   to   their   own 
mines,  and  in   enforcing   the   laws   of 
Georgia   upon   them.      These   can   be 
considered  in   no  other  light  than   as 
acts  of  trespass ;  and  may  be  tlreated  as 
acts  of  the  State  ;  and  not  of  the  indi- 
viduals employed  as  the  agents.    Who- 
ever authorises  or  commands  an  act  to 
be  done  may  be  considered  a  principal, 
and  held  responsible,  if  he  can  be  made 
a  party  to  a  suit :  as  the  State  of  Geor- 
gia may  undoubtedly  be.     It  is  not  per- 
ceived on  what  ground  the  State  can 
claim  a  right  to  the  possession  and  use 
of  these  mines.  The  right  of  occupancy 
is  secured  to  the  Cherokees  by  treaty, 
and  the  State  has  not  even  a  reversion- 
ary  interest  in    the  soil.      It  is   true, 
that  by  the  compact  with   Georgia  of 
1802,  the  United  States  have  stipulated, 
to  extinguish,  for  the   use  of  the  State, 
the  Indian  title  to  the  lands  within  her 
remaining  limits,  '  as  soon  as  it  can  be 
done   peaceably    and    upon  reasonable 
terms.'    But,  until  this  is  done,  the  state 
can  have  no  claim  to  the  lands. 

The  very  compact  is  a  recognition  by 
the  State  of  a  subsisting  Indian  right : 
and  which  may  never  be  extinguished. 
The  United  States  have  not  stipulated 
to  extinguish  it,  until  it  can  be  done 
*  peaceably  and  upon  reasonable  terms  ;' 
and  whatever  complaints  the  State  of 
Georgia  may  have  against  the  United 
States  for  the  non-fulfilment  of  this 
compact,  it  cannot  affect  the  right  of 
the  Cherokees.  They  have  not  stipu- 
lated to  part  with  that  right ;  and  until 
they  do,  their  right  to  the  mines  stands 
upon  the  same  footing  as  the  use  and 
enjoyment  of  any  other  part  of  the  ter- 
ritory. 

Again,  by  the  act  of  the  21st  Decem- 
ber 1830,  surveyors  are  authorised  to  be 
appointed  to  enter  upon  the  Cherokee 
territory  and  lay  it  off  into  districts  and 
sections,  which  are  to  be  distributed  Dy 


lottery  among  the  people  of  Georgia ; 
reserving  to  the  Indians  only  the  pres- 
ent occupancy  of  such  improvements 
as  the  individuals  of  their  nation  may 
now  be  residing  on,  with  the  lots  on 
which  such  improvements  may  stand, 
and  even  excepting  from  such  reserva- 
tion, improvements  recently  made  near 
the  gold  mines. 

This  is  not  only  repugnant  to  the 
treaties  with  the  Cherokees,  but  directly 
in  violation  of  the  act  of  Congress  of 
1802;  the  fifth  section  of  which  makes 
it  an  offence  punishable  with  fine  and 
imprisonment,  to  survey  or  attempt  to 
survey  or  designate  any  of  the  bounda- 
ries, by  marking  trees  or  otherwise,  of 
any  land  belonging  to,  or  secured  by 
treaty  to  any  Indian  tribe  :  in  the  face 
of  which,  the   law  of  Georgia  author- 
ises the  entry  upon,  taking  possession 
of,  and  surveying,  and  distributing  by 
lottery,  these  lands  guarantied  by  treaty 
to  the  Cherokee  nation ;  and  even  gives 
authority  to  the  governor  to  call  out  the 
military  force,  to  protect  the  surveyors  in 
the  discharge  of  the  duty  assigned  them. 
These  instances  are  sufficient  to  show 
a  direct,  and  palpable  infringement  of 
the  rights  of  property  secured  to   the 
complainants  by  treaty,  and  in  violation 
of  the  act  of  Congress  of  1802.     These 
treaties  and  this  law.  are  declared  by  the 
Constitution  to  be  the  supreme  law  of 
the  land  ;  it  follows,  as  matter  of  course, 
that   the   laws  of   Georgia,   so   far   as 
they  are  repugnant  to  them,  must  be 
void  and  inoperative.     And  it  remains 
only,  very  briefly  to  inquire,  v/hether  the 
execution  of  them  can  be  restrained  by 
injunction  according  to  the  doctrine  and 
practice  of  courts  of  equity. 

According  to  the  view  which  I  have 
already  taken  of  the  case,  I  must  con- 
sider the  question  of  right  as  settled  in 
favor  of  the  complainants.  This  right 
rests  upon  the  laws  of  the  United  States, 
and  treaties  made  with  the  Cherokee 
nation.  The  construction  of  these  laws 
and  treaties  are  pure  questions  of  law, 
and  for  the  decision  of  the  court.  There 
are  no  grounds,  therefore,  upon  which 
it  can  be  necessary  to  send  the  cause 
for  a  trial  at  law  of  the  right,  before 
awarding  an  injunction ;  and  the  sim- 
ple question  is,  whether  such  a  case  is 
made  out  by  the  bill,  as  to  authorise  the 
granting  an  injunction. 

This  is  a  prohibitory  writ,  to  restrain 
a  party  from  doing  a  wrong  or  injury  to 
the  rights  of  another.  It  is  a  benefi- 
cial process,  for  the  protection  of  rights; 
and  is  favorably  viewed  by  courts  of 
Chancery,  as  its  object  is  to  prevent, 
rather  than  redress  injuries;  and  ha» 


260] 


ANNUAL  REGISTER,  1830—31. 


latterly  been  more  liberally  awarded 
than  foraierly.     (7  Ves.  Jun.  307.) 

The  bill  contains  charges  of  nurae- 
Tous  trespasses  by  entering  upon  the 
lands  of  the  complainants  and  doing 
acts  greatly  to  their  injury  and  prejudice, 
and  to  the  disturbance  of  the  quiet  en- 
joyment of  their  land,  and  threatening 
a  total  destruction  of  all  their  rights. 
And  although  it  is  not  according  to  the 
course  of  chancery,  to  grant  injunctions 
to  prevent  trespasses  when  there  is  a 
clear  and  adequate  remedy  at  law,  yet 
it  will  be  done  when  the  case  is  special 
and  peculiar,  and  when  no  adequate 
remedy  can  be  had  at  law,  and  particu- 
larly when  the  injury  threatens  irrepa- 
rable ruin.  (6  Ves.  147.  7  Eden,  307.) 
Every  man  is  entitled  to  be  protected  in 
the  possession  and  enjoyment  of  his 
property ;  and  the  ordinary  remedy  by 
action  of  trespass  may  generally  be 
sufficient  to  afford  such  protection.  But, 
where  from  the  peculiar  nature  and  cir- 
cumstances of  the  case,  this  is  not  an  ade- 
quate protection,  it  is  a  fit  case  to  interpose 
the  preventive  process  of  injunction. 
This  is  the  principle  running  through 
all  the  cases  on  this  subject  and  is  found- 
ed upon  the  most  wise  and  just  consid- 
erations ;  and  this  is  peculiarly  such  a 
case.  The  complaint  is  not  of  a  mere 
private  trespass,  admitting  of  compen- 
sation in  damages  ;  but  of  injuries  which 
go  to  the  total  destruction  of  the  whole 
right  of  the  complainants.  The  mischief 
threatened  is  great  and  irreparable. 
(7  Johns,  cha.  330.)  It  is  one  of  the 
most  beneficial  powers  of  a  court  of 
equity  to  interpose  and  prevent  an  in- 
jury, before  any  has  actually  been  suf- 
fered ;  and  this  is  done  by  a  bill,  which 
is  sometimes  called  a  bill  quia  timet. 
(Mitford,]20.) 

The  doctrine  of  this  court  in  the 
case  of  Osborne  vs.  The  United  States 
Bank,  (9  Wheat.  338,)  fully  sustains  the 
present  application  for  an  injunction. 
The  bill  in  that  case  was  filed  to  obtain 
an  injunction  against  the  auditor  of  the 
State  of  Ohio,  to  restrain  him  from  ex- 
ecuting a  law  of  that  State,  which  was 
alleged  to  be  to  the  great  injury  of  the 
bank,  and  to  the  destruction  of  rights 
conferred  by  their  charter.  The  only 
question  of  doubt,  entertained  by  the 
court  in  that  case  was,  as  to  issuing  an 
injunction  against  an  officer  of  the  State 
to  restrain  him  from  doing  an  official 
act  enjoined  by  statute,  the  State  not 
being  made  a  party.  But  even  this  was 
not  deemed  sufficient  to  deny  the  in- 
junction. The  court  considered  that 
the  Ohio  law  was  made  for  the  avowed 
purpose  of  expelling  the  bank  from  the 


State,  and  depriving  it  of  its  chartered 
privileges :  and  they  say,  if  the  State 
could  have  been  made  a  party  defendant, 
it  would  scarcely  be  denied,  that  it 
would  be  a  strong  case  for  an  injunc- 
tion ;  that  the  application  was  not  to  in- 
terpose the  writ  of  injunction,  to  pro- 
tect the  bank  from  a  common  and  cas- 
ual trespass  of  an  individual,  but  from 
a  total  destruction  of  its  franchise,  of 
its  chartered  privileges,  so  far  as  res- 
pected the  State  of  Ohio.  In  that  case, 
the  State  could  not  be  made  a  party,  ac- 
cording to  the  eleventh  amendment  of 
the  Constitution  ;  the  complainants  be- 
ing mere  individuals  and  not  a  sovereign 
State.  But,  according  to  my  view  of 
the  present  case,  the  State  of  Georgia  is 
properly  made  a  party  defendant ;  the 
complainants  being  a  foreign  State. 

The  laws  of  the  State  of  Georgia  in 
this  case  go  as  fully  to  the  total  destruc- 
tion of  the  complainants'  rights  as  did 
the  law  of  Ohio  to  the  destruction  of 
the  rights  of  the  bank  in  that  State  ; 
and  an  injunction  is  as  fit  and  proper 
in  this  case  to  prevent  the  injury,  as  it 
was  in  that. 

Jt  forms  no  objection  to  the  issuing 
of  the  injunction  in  this  case,  that  the 
lands  in  question  do  not  lie  within  the 
jurisdiction  of  this  court.  The  writ 
does  not  operate  in  rem,  but  in  perso- 
nam. If  the  party  is  within  the  juris- 
diction of  the  court,  it  is  all  that  is  ne- 
cessary to  give  full  effect  and  operation 
to  the  injunction  ;  and  it  is  immaterial 
where  the  subject  matter  of  the  suit, 
which  is  only  affected  consequentially, 
is  situated.  This  principle  is  fully  re- 
cognised by  this  court  in  the  case  of 
Massiet?5.  Watts,(6Cranch,157,)  when 
this  general  rule  is  laid  down,  that  in 
a  case  of  fraud  of  trust  or  of  contract, 
the  jurisdiction  of  a  Court  of  Chancery 
is  sustainable,  wherever  the  person  may 
be  found,  although  lands,  not  within  the 
jurisdiction  of  the  couit,  may  be  affected 
by  the  decree.  And  reference  i.«;  made 
to  several  cases  in  the  English  Chan- 
cery recognising  the  same  principle. 
In  the  case  of  Penn  vs.  Lord  Baltimore, 
(1  Ves.  444,)  a  specific  performance  of  a 
contract  respecting  lands  lying  in  North 
America  was  decreed ;  the  chancellor 
saying,  the  strict  primary  decree  of  a 
court  of  equity  is  in  personam,  and 
may  be  enforced  in  all  cases  when  the 
person  is  within  its  jurisdiction. 

Upon  the  wliole,  1  am  of  opinion. 

1.  That  the  Cherokees  compose  a 
foreign  state  within  the  sense  and  mean- 
ing of  the  Constitution,  and  constitute 
a  competent^  party  to  maintain  a  suit 
against  the  State  of  Geergia. 


LAW  CASES,  &c. 


[261 


2.  That  the  bill  presents  a  case  for 
judicial  consideration,  arising  under  the 
laws  of  the  United  States,  and  trea- 
ties made  under  their  authority  with 
the  Cherokee  nation,  and  which  laws 
and  treaties  have  been,  and  are  threat- 
ened to  be  still  further  violated  by  the 
laws  of  the  State  of  Georgia,  referred  to 
in  this  opinion. 


3.  That  an  injunction  is  a  fit  and 
proper  writ  to  be  issued,  to  prevent  the 
further  execution  of  such  laws,  and 
ought  therefore  to  be  awarded. 

And  1  am  authorised  by  my  brother 
Story  to  say,  that  he  conjcura  with  m* 
in  this  opinion. 


TAe  State  ofJVew  Jersey,  Complainant,  vs.  the  People  of  the  State 
vfJVew  YorJc. 


Mr  Wirt,  for  the  complainant, stated, 
that  the  subpoena  had  been  regularly 
served  upwards  of  two  months,  and 
ihere  was  no  appearance  on  the  part  of 
the  State  of  Nev/  York. 

The  seventeenth  section  of  the  Judi- 
ciary act  of  1789,  authorises  the  Court 
to  make,  and  establish,  all  necessary 
rules  for  the  conducting  the  business  of 
the  Courts  of  the  United  States.  This 
Court  has  such  a  power,  without  the  aid 
of  that  provision  of  the  law. 

The  seventh  rule  of  this  Court,  which 
was  applicable  to  this  matter,  was  made 
at  August  term,  1791.  '  The  Chief  Jus- 
tice, in  answer  to  the  motion  of  the 
Attorney  General,  informs  him  and  the 
Bar,  that  this  Court  considers  the  prac- 
tice of  the  Court  of  King's  Bench  and 
of  Chancery,  in  England,  as  affording 
outlines  for  the  practice  of  this  Court ; 
and  that  they  will  from  time  to  time 
make  such  alterations  therein,  as  cir- 
cumstances may  render  necessary.'  (I 
Cond.  Rep.  8.) 

In  1796,  the  tenth  rule  was  adopted. 
^  Ordered,  that  process  of  subpoena  issu- 
ing out  of  this  Court,  in  any  suit  in 
equity,  shall  be  served  on  the  defendant 
sixty  days  before  the  return  day  of  the 
said  process ;  and  further,  that  if  the 
defendant,  on  such  service  of  the  sub- 
poena, should  not  appear  at  the  return 
day  contained  therein,  the  complainant 
shall  be  at  liberty  to  proceed  ex  parte.' 

Construing  these  two  rules  together, 
they  bring  us,  in  the  case  befoie  the 
Court,  to  that  part  of  the  English  prac- 
tice, where  the  party  may  proceed  to  a 
hearing. 

There  is  no  necessity  for  those  pro- 
ceedings here,  which  are  resorted  to  in 
England  to  compel  an  appearance.  Nor 
would  the  practice  in  England  be  proper 
in  the  case  before  this  Court.  The  ob- 
ject of  the  bill  is  to  quiet  a  title  :  it  is  a 


bill  of  peace.  Here  the  rule  considers 
the  party,  when  served  with  process,  in 
the  same  situation  as  if  he  had  appeared. 

The  question  is,  what  is  to  be  done 
when  all  the  process  to  compel  an  ap- 
pearance is  exhausted  :  what  is  the  next 
step  .?  It  is  to  take  the  bill  pro  confesso  - 
but  in  England,  formerly,  by  a  standing 
rule  in  Chancery,  before  this  can  be 
done,  the  party  must  have  appeared. 
Afterwards,  to  prevent  the  process  of 
the  Court  being  eluded,  the  statute  of 
25  Geo.  II.  was  enacted,  by  which  it 
was  provided,  that  if  no  appearance  was 
entered  by  one  who  had  absconded,  the 
Court  would  make  an  order  for  an  ap- 
pearance, and  if  no  appearance  was  en- 
tered, the  bill  should  be  taken  pro  con- 
fesso. 

This  statute  regulated  the  practice  in  the 
Courts  of  Chancery  of  England,  in  1791 , 
when  the  seventh  rule  of  this  Court  was 
adopted.  But  this  statute  applied  only 
to  the  case  of  a  party  absconding,  and  it 
was  only  to  force  an  appearance.  In 
the  present  case,  as  has  been  observed, 
we  stand  as  if  all  the  proceedings  for 
such  a  purpose  had  been  exhausted. 

Different  practices  prevail  in  relation 
to  such  a  case  in  the  several  States  of 
the  Union.  In  New  Jersey,  the  practice 
is  to  file  the  proofs  in  the  cause,  and 
proceed  to  a  hearing.  This  is  not  the 
course  which  is  pursued  in  Virginia. 
As  to  the  practice  in  England,  cited 
(2  Pr.  Wm  550.  Mosely,  386.  Har. 
Chancery  Practice,  by  Newland,  156. 
1  Grant's  Chancery  Practice,  96.) 

Something  is  now  to  be  done  in  this 
case  :  and  it  is  for  the  Court  to  deter- 
mine what  that  may  be.  If  the  Court 
desire  it,  it  is  fully  competent  to  them 
to  make  any  new  rule  relative  to  the 
future  proceedings  in  the  case. 

In  the  Court  of  Chancery  in  England, 
the  party  could  take  a  decree,  pro  con- 


262] 


ANNUAL  REGISTER,  1830—31. 


fesso,  and  consider  it  as  final.  But  this 
is  not  the  wish  of  the  complainant.  It 
is  desired  that  the  proceedings  should 
be  carried  on  with  the  utmost  respect  to 
the  other  paity  ;  and  the  wish  of  the 
State  of  New  Jersey  is,  to  have  an  ex- 
amination of  the  case,  and  a  final  decree 
after  such  an  examination. 

It  is,  therefore,  proposed,  that  the  Court 
direct  a  rule  to  be  entered  that  the  bill 
be  taken,  pro  confesso,  unless  the  party 
against  whom  it  is  filed  appear  and  an- 
swer before  the  rule's  day  in  August 
next ;  and  if  they  do  not,  that  the  cause 
be  set  down  for  a  final  hearing  at  the 
next  term  of  this  Court,  on  such  proofs 
as  the  complainants  may  exhibit. 

Mr  Justice  Baldwin  suggested,  that  it 
might  be  proper,  to  argue  certain  ques- 
tions arising  in  this  case,  in  open  Court : 
such  as,  What  was  the  proper  duty  of 
the  Court  in  the  case  ?  What  was  the 
practice  in  England  ?  And  whether  this 
Court  had  power  to  proceed  in  suits  be- 
tween States,  without  an  act  of  Con- 
gress having  directed  the  mode  of  pro- 
ceeding ?  He  did  not  propose  this  as  a 
matter  personal  to  himself;  but  as  a 
member  of  the  Court. 

Mr  Wirt  said,  that  the  jurisdiction 
which  was  to  be  exercised  was  given  by 
the  Constitution,  and  tho  seventeenth 
eection  of  the  act  of  Congress  authorised 
the  Court  to  establish  such  rules  as  to 
the  manner  in  which  the  power  should 
be  executed.  There  are  cases  in  which 
the  Court  have  taken  this  jurisdiction. 
The  case  of  Chisholm  vs.  the  State  of 
Georgia,  (2  Dall.  Rep.  219.  2  Condens. 
Rep.  G35.  Grayson  vs.  the  State  of 
Virginia,  3  Dall.  Rep.  330.  1  Condens. 
Rep.  141.) 

When  the  subpoena  was  asked  for  at 
last  term  of  this  Court,  (3  Peters,  461,) 
the  case  of  Chisholm  vs.  the  State  of 
Georgia,  was  then  particularly  referred 
to  :  and  it  was  considered,  that  although 
the  amendment  to  the  Constitution  has 
taken  away  the  jurisdiction  of  this  Court 
in  suits  brought  by  individuals  against 
a  State,  it  has  lefl  its  jurisdiction  in 
suits  between  States,  in  the  situation  in 
which  it  stood  originally.  The  Court, 
in  awarding  the  process  of  subpoena,  had 
reference  to  these  cases. 

If  an  elaborate  argument  of  the  ques- 
tions which  the  case  presents,  is  desired, 
time  is  asked  to  prepare  for  it ;  and 
sufficient  time  to  give  notice  to  the  At- 
torney General  of  the  State  of  New 
Jersey  to  attend  and  assist  in  the  argu- 
ment. 

Mr  Chief  Justice  Marshall  delivered 
iJiie  opinion  of  the  Court. 


This  is  a  bill  filed  by  the  State  of  New 
Jersey,  against  the  State  of  New  York, 
for  the  purpose  of  ascertaining  and  set- 
tling the  boundary  between  the  two 
States. 

The  Constitution  of  the  United  States 
declares,  '  the  Judicial  power  shall  ex- 
tend '  *  to  controversies  between  two  or 
more  States.'  It  also  declares  that  *  In 
all  cases  affecting  ambassadors,  other 
public  ministers  and  consuls,  and  those 
in  which  a  State  shall  be  a  party,  the 
Supreme  Court  shall  have  original  juris- 
diction.' 

Congress  has  passed  no  act  for  the 
special  purpose  of  prescribing  the  mode 
of  proceeding  in  suits  instituted  against 
a  State,  or  in  any  suit  in  which  the  Su- 
preme Court  is  to  exercise  the  original 
jurisdiction,  conferred  by  the  Constitu- 
tion. 

The  act  *  to  establish  the  Judicial 
Courts  of  the  United  States,'  section 
thirteen,  enacts  '  That  the  Supreme 
Court  shall  have  exclusive  jurisdiction 
of  all  controversies  of  a  civil  nature, 
where  a  State  is  a  party,  except  between 
a  State  and  its  citizens ;  and  except 
also  between  a  State  and  citizens  of 
other  States  or  aliens ;  in  which  latter 
case,  it  shall  have  original  but  not  ex- 
clusive jurisdiction.'  It  also  enacts, 
section  fourteen,  *  That  all  beforemen- 
tioned  Courts  of  the  United  States  shall 
have  power  to  issue  writs  of  scire  facias, 
habeas  corpus,  and  all  other  writs  not 
specially  provided  by  statute,  which  may 
be  necessary  for  the  exercise  of  their 
respective  jurisdictions,  and  agreeable 
to  the  principles  and  usages  of  law.' 
By  the  seventeenth  section  it  is  enacted, 
*  That  all  the  said  Courts  of  the  United 
States  shall  have  power '  *  to  make  and 
establish  all  necessary  rules  for  the 
ordinary  conducting  business  in  said 
Courts,  provided  such  rules  are  not  re- 
pugnant to  the  laws  of  the  United 
States.' 

'  An  act  to  regulate  processes  in  the 
Courts  of  the  United  States,'  was  passed 
at  the  same  session  with  the  Judicial 
act,  and  was  depending  before  Congress 
at  the  same  time.  It  enacts  <  That  all 
writs  and  processes  issuing  from  a  Su- 
preme or  a  Circuit  Court  shall  bear 
teste,"  &.C. 

This  act  was  rendered  perpetual  in 
1792.  The  first  section  of  the  act  of 
1792  repeals  the  provision  respecting 
writs  and  processes  issuing  from  the 
Supreme  or  a  Circuit  Court.  The  second 
continues  the  form  of  writs  &c.  and  the 
forms  and  modes  of  proceeding  in  suits 
at  common  law  prescribed  in  the  origin- 


LAW  CASES,  (fee. 


[36a 


al  act,  '  and  '  in  those  of  equity,  and  in 
those  of  admiralty  and  maritime  juris- 
diction according  to  the  principles,  rules, 
and  usages,  which  belong  to  Courts  of 
equity  and  to  Courts  of  admiralty  re- 
spectively, as  contra-distinguished  from 
Courts  of  common  law,  except  so  far 
as  may  have  been  provided  by  the 
act  to  establish  the  Judicial  Courts  of 
the  United  States  ;  subject,  however,  to 
such  alterations  and  additions  as  the 
said  Courts  respectively  shall,  in  their 
discretion,  deem  expedient,  or  to  such 
regulations  as  the  Supreme  Court  of  the 
United  States  shall  think  proper  from 
time  to  time,  by  rule,  to  prescribe  to  any 
Circuit  or  District  Court  concerning  the 
same. 

At  a  very  early  period  in  our  judicial 
history,  suits  were  instituted  in  this 
Court  affainst  States,  and  the  questions 
concernmg  its  jurisdiction  and  mode  of 
proceeding  were  necessarily  considered. 

So  early  as  August,  1792,  an  injunc- 
tion was  awarded  at  the  prayer  of  the 
State  of  Georgia,  to  stjiy  a  sum  of 
money  recovered  by  Brailslord,  a  British 
subject,  which  was  claimed  by  Georgia 
under  the  acts  of  confiscation.  This 
was  an  exercise  of  the  original  jurisdic- 
tion of  the  Court,  and  no  doubt  of  its 
propriety  was  expressed. 

In  February,  1793,  the  case  of  Oswald 
us.  the  State  of  New  York,  came  on. 
This  was  a  suit  at  common  law.  The 
State  not  appearing  on  the  return  of  the 
process,  proclamation  was  made,  and  the 
following  order  entered  by  the  Court : — 
*  Unless  the  State  appear  by  the  first 
day  of  the  next  term,  or  show  cause  to 
the  contrary,  judgment  will  be  entered 
by  default  against  the  said  State.' 

At  the  same  term,  the  cause  of  Chis- 
holm's  Ex'ors  vs.  the  State  of  Georgia, 
came  on,  and  was  argued  for  the  plain- 
tiff, by  the  then  Attorney  General,  Mr 
Randolph.  The  Judges  delivered  their 
opinions  seriatim,  and  these  opinions 
bear  ample  testimony  to  the  profound 
consideration  they  had  bestowed  on  ev- 
ery question  arising  in  the  case.  Mr 
Chief  Justice  Jay,  Mr  Justice  Cushin, 
Mr  Justice  Wilson,  and  Mr  Justice 
Blair,  decided  in  favor  of  the  jurisdic- 
tion of  the  Court,  and  that  the  process 
served  on  the  Governor,  and  Attorney 
General  of  the  State,  was  sufficient. 
Mr  Justice  Iredell  thought  an  act  of 
Congress  necessary,  to  enable  the  Court 
to  exercise  its  jurisdiction. 

After  directing  the  declaration  to  be 
filed,  and  copies  to  be  served  on  the 
Governor  and  Attorney  General  of  the 
State  of  Georgia,   the  Court  ordered, 


'  that  unless  the  said  State  shall,  either 
in  due  form  appear,  or  show  cause  to  the 
contrary,  in  this  Court,  by  the  first  day 
of  the  next  term,  judgment  by  default 
shall  be  entered  against  the  said  State.' 
In  February  term,  1794,  judgment  was 
rendered  for  the  plaintiff,  and  a  writ  of 
inquiry  was  awarded,  but  the  eleventh 
amendment  to  the  Constitution  prevent- 
ed its  execution.* 

Grayson  vs.  the  State  of  Virginia, 
(3  Dallas,  320,  1  Peter's  Cond.  Reports, 
141 ,)  was  a  bill  in  equity.  The  subpoena 
having  been  returned  executed,  the 
plaintiff  moved  for  a  distringas,  to  com- 
pel the  appearance  of  the  State.  The 
Court  postponed  its  decision  on  the  mo- 
tion, in  consequence  of  a  doubt,  whether 
the  remedy  to  compel  the  appearance  of 
the  State,  should  be  furnished  by  the 
Court  itself,  or  by  the  Legislature.  At 
a  subsequent  term,  the  Court,  after  a 
particular  examination  of  its  powers, 
determined,  that  though  '  the  general 
rule  prescribed  the  adoption  of  that 
practice,  which  is  founded  on  the  cus- 
tom and  usage  of  Courts  of  admiralty 
and  equity,'  *  still  it  was  thought  that 
we  are  also  authorised  to  make  such  de- 
viations as  are  necessary  to  adapt  the 
process  and  rules  of  the  Court  to  the 
peculiar  circumstances  of  this  country, 
subject  to  the  interposition,  alteration, 
and  control  of  the  Legislature.  We 
have,  therefore,  agreed  to  make  the 
following  general  orders  : 

1st.  Ordered,  That  when  process  at 
common  law  or  equity  shall  issue  against 
a  State,  the  same  shall  be  served  upon 
the  Governor,  or  Chief  Executive  Ma- 
gistrate, and  the  Attorney  General  of 
such  State. 

2d.  Ordered,  That  process  of  sub- 
poena, issuing  out  of  this  Court,  in  any 
suit  in  equity,  shall  be  served  on  the  de- 
fendant, sixty  days  before  the  return 
day  of  the  said  process ;  and  further, 
that  if  the  defendant,  on  such  service  of 
the  subpoena,  shall  not  appear  at  the 
return  day,  contained  therein,  the  com- 
plainant shall  be  at  liberty  to  proceed 
exparte. 

In   Hugeral  vs.  the  State  of  South 

**  The  amendment  referred  to,  pro- 
vided that  the  judicial  power  of  the 
United  Stales  should  not  extend  to  suits 
against  a  State,  by  citizens  of  another 
State,  or  by  citizens  or  subjects  of  a  for- 
eign State  ;  thus  leaving  controversies 
between  '  two  or  more  States,'  as  the 
Constitution  had  placed  them,  subject 
to  the  original  jurisdiction  of  the  Su- 
pjrepae  Court. 


264] 


ANNUAL  REGISTER,  1830—31. 


Carolina,  (3  Dallas,  339, 1  Peter's  Cond. 
Repoits,  156,)  the  service  of  the  subpoena 
having  been  proved,  the  Court  deter- 
mined that  the  complainant  was  at  lib- 
erty to  proceed  exparte.  He  accordingly 
moved  for,  and  obtained  commissioners 
to  take  the  examination  of  witnesses  in 
several  of  the  States. 

Fowler  et  al.  vs.  Lindsey  et  al ,  and 
Fowler  etal.  ??5.  Miller,  (3  Dallas,  411, 
1  Peter's  Cond.  Reports,  198 ;)  were 
ejectments  depending  in  the  Circuit 
Court  for  the  District  of  Connecticut, 
for  lands  over  which  both  New  York 
and  Connecticut  claimed  jurisdiction. 
A  rule  to  show  cause  why  these  suits 
should  not  be  removed  into  the  Supreme 
Court  by  certiorari,  was  discharged  be- 
cause a  State  was  neither  nominally  nor 
substantially  a  parfy ;  no  doubt  was  en- 
tertained of  the  propriety  of  exercising 
original  jurisdiction,  had  a  State  been  a 
party  on  the  record. 

In  consequence  of  the  rejection  of 
this  motion,  for  a  certiorari,  the  State 
of  New  York,  in  August  term,  1799, 
filed  a  bill  against  the  State  of  Connec- 
ticut, (4  Dallas,  1,  1  Peter's  Cond.  Re- 
ports, 203,)  which  contained  a  historical 
account  of  the  title  of  New  York,  to  the 
soil  and  jurisdiction  of  the  tract  of  land 
in  dispute ;  set  forth  an  agreement  of 
the  28th  of  November,  1783,  between 
the  two  States,  on  the  subject,  and 
prayed  a  discovery,  relief,  and  injunc- 
tion, to  stay  t]]e  proceedings  in  the 
ejectments  depending  in  the  Circuit 
Court  of  Connecticut. 

The  injunction  was,  on  argument,  re- 
fused, because  the  State  of  New  York 
was  not  a  party  to  the  ejectments,  not 
interested  in  the  decision. 

It  has,  then,  been  settled  by  our  pre- 
decessors, on  great  deliberation,  that 
this  Court  may  exercise  its  original  ju- 
risdiction in  suits  against  a  State,  under 
the  authority  conferred  by  the  Constitu- 
tion and  existing  acts  of  Congress.  The 
rule  respecting  the  process,  the  persons 
on  whom  it  is  to  be  served,  and  the  time 
of  service,  is  fixed. 


The  course  of  the  Court,  on  the  fail- 
ure of  the  State  to  appear,  after  the  due 
service  of  process,  has  been  also  pre- 
scribed 

In  this  case,  the  subpoena  has  been 
served  as  is  required  by  the  rule.  The 
complainant,  according  to  the  practice 
of  the  Court,  and  according  to  the  gene- 
ral order  made  in  the  case  of  Grayson 
vs.  the  Commonwealth  of  Virginia,  has 
a  right  to  proceed  exparte,  and  the  Court 
will  make  an  order  to  that  effect,  that 
the  cause  xuay  be  prepared  for  a  final 
hearing.  If,  upon  being  served  with  a 
copy  of  such  order,  the  defendant  shall 
still  fail  to  appear  or  to  show  cause  to 
the  contrary,  this  Court  will,  so  soon 
thereafter  as  the  cause  shall  be  prepared 
by  the  complainant,  proceed  to  a  final 
hearing  and  decision  thereof  But,  in- 
asmuch as  no  final  decree  has  been  pro- 
nounced or  judgment  rendered  in  any 
suit  heretofore  instituted  in  this  Court 
against  a  State,  the  question  of  proceed- 
ing to  a  final  decree  will  be  considered 
as  not  conclusively  settled,  until  the 
cause  shall  come  on  to  be  heard  in  chief. 
Mr  Justice  Baldwin  did  not  concur  in 
the  opinion  of  the  Court,  directing  the 
order  made  in  the  cause. 

The  State  of  New  Jersey,  complain- 
ants, against  the  People  of  the  State  of 
New  York,  defendants. 

The  subpoena  in  this  cause  having 
been  returned  executed,  sixty  days  be- 
fore the  return  day  thereof,  and  the  de- 
fendant having  failed  to  appear,  it  is, 
on  the  motion  of  the  complainant,  de- 
creed and  ordered  that  the  complainant 
be  at  liberty  to  proceed  exparte  :  And  it 
is  further  decreed  and  ordered,  that  un- 
less the  defendant,  being  served  with  a 
copy  of  this  decree,  sixty  days  before 
the  ensuing  August  term  of  this  Court, 
shall  appear  on  the  second  day  of  the 
next  January  term  thereof,  and  answer 
the  bill  of  the  complainant ;  this  Court 
will  proceed  to  hear  the  cause  on  the 
part  of  the  complainant,  and  to  decree 
on  the  matter  of  the  said  bill. 


Pierre  Menard,  Plaintiff  in  Error,  vs.  Aspasia,  Defendent  in  Error. 


Error  from  the   Supreme  Court  of  to  establish  her  right  to  freedom.    By 

the  State  of  Missouri.  consent  of  the  parties,  and  in  confor- 

An  action  of  assault  and  battery  was  mity  with  the  law  of  that  State,  the  facts 

instituted  in  the  Circuit  Court  for  the  were  submitted  to  the  determination  of 

county  of  St   Lewis,  in  the   State  of  the  Court,  without  the  intervention  of 

Missouri,  by  Aspasia,  a  woman  of  color,  a  jury. 


LAW  CASES,  &c. 


[265 


The  evidence,  as  disclosed  in  the  bill 
of  exceptions,  established  the  rollowing 
case  :  *  The  mother  of  Aspasia,  the  de- 
fendant in  error,  was  born  a  slave,  and 
was  held  as  such  by  a  French  inhabitant 
of  Kaskaskia,  Illinois,  previous  to  the 

{rear  1787;  and,  after  that  year,  was 
leld  as  a  slave  by  the  same  individual, 
who  was  a  citizen  of  that  country  before 
its  conquest  by  Virginia,  and  before  the 
passage  of  the  ordinance  for  the  govern- 
ment of  the  Northwestern  Territory, 
and  who  continued  to  be  such  after- 
wards, and  was  such  at  the  time  of  As- 
pasia's  birth. 

'  Aspasia  was  born  after  the  year  1787, 
and  from  the  time  of  her  birth  she  was 
raised  and  held  as  a  slave,  till  some  time 
in  the  year  1821,  when  she  was  pur- 
chased by  the  plaintiff  in  error,  who, 
immediately  after,  gave  her  to  his  son- 
in-law,  Francis  Chouteau,  tlien  and  now 
residing  in  St.  Louis,  Missouri,  who  held 
her  as  a  slave  till  the  10th  of  October, 
1827,  when  he  returned  her  to  the  plain- 
tiffin  error,  in  consequence  of  the  claim 
she  set  up  for  her  freedom.* 

Upon  the  evidence  thus  given,  Me- 
nard, by  his  counsel,  moved  the  Court 
to  decide,  first.  That  if  it  was  found, 
from  the  testimony,  that  the  mother  of 
the  plaintiff,  Aspasia,  was  a  negro  wo- 
man, and  legally  held  in  slavery  before, 
and  at,  and  after  the  date  of  the  ordi- 
nance passed  by  the  Congress  of  the  Unit- 
ed States  on  the  13th  of  July,  1787, 
entitled  *  An  ordinance  for  the  govern- 
ment of  the  territory  of  the  United 
States,  northwest  of  the  river  Ohio,'  at 
the  village  of  Kaskaskia,  in  the  late 
Northwestern  Territory,  and  tl)e  plain- 
tiff, Aspasia,  was  born  of  such  mother, 
subsequent  to  the  adoption  of  the  ordi- 
nance aforesaid,  at  the  village  of  Kaskas- 
kia aforesdd,  the  plaintiff  is  not  entitled 
to  her  freedom  ;  which  instruction  the 
Court  refused  to  give. 

The  same  party,  by  his  counsel,  moved 
the  Court  to  decide,  secondly.  That  if  it 
was  found,  from  the  testimony,  that  the 
mother  of  Aspasia  was  a  negro  woman,, 
legally  held  in  slavery,  before,  and  at, 
and  after  the  adoption  of  the  ordinance 
entitled,  '  An  ordinance  for  the  govern- 
ment of  the  territory  of  the  United 
States,  northwest  of  the  river  Ohio,' 
passed  by  the  Congress  of  the  United 
States,  on  the  thirteenth  day  of  July, 
1787,  by  a  French  inhabitant  of  the  vil- 
lage of  Kaskaskia,  in  the  Northwestern 
Territory,  and  who  was  a  citizen  of  the 
same  before  the  conquest  of  the  country 
by  Virginia,  and  afterwards ;  and  that 
the  plaintiff  was  born  at  the  village  of 

23 


Kaskaskia  aforesaid,  of  such  mother, 
while  so  held  in  slavery  by  such  French 
inhabitant,  although  subsequent  to  the 
date  of  the  ordinance  aforesaid,  she,  the 
plaintiff  (Aspasia),  was  not  entitled  to 
her  freedom ;  which  instructions  the 
Court  refused  to  give.  To  which  re- 
fusal, in  both  instances,  the  counsel  of 
Menard  excepted,  &c.,  and  the  Court 
decided  that  the  defendant,  Menard, 
was  guilty,  &c.,  and  that  Aspasia  was 
not  a  slave,  but  free. 

This  cause  was  taken  to  the  Supreme 
Court  of  Missouri,  and  the  decision 
aforesaid  was  affirmed. 

This  writ  of  error  was  prosecuted  un- 
der the  twenty-fifth  section  of  the  Judi- 
ciary act,  passed  in  1789. 

The  case  was  argued  by  Mr.  Wirt  for 
the  plaintiff  in  error :  no  counsel  ap- 
pearing for  the  defendant. 

Mr.  Justice  McLean  delivered  the 
opinion  of  the  Court. 

This  suit  was  brought  into  this  Court 
from  the  Supreme  Court  of  the  State  of 
Missouri,  by  a  writ  of  error. 

An  action  for  false  imprisonment  was 
commenced  in  the  Circuit  Court  for  the 
county  of  St.  Louis,  by  the  defendant  in 
error,  to  establish  her  freedom.  i3y  the 
consent  of  counsel,  under  the  statute  of 
Missouri,  the  facts  and  law  of  the  case 
were  submitted  to  the  Court. 

The  facts,  as  stated  in  the  bill  of  ex- 
ceptions, are  these  : 

'  The  mother  of  Aspasia  was  born  at 
Kaskaskia,  Illinois,  previous  to  the  year 
1787,  and  was  held  as  a  islave  from  her 
birth,  by  a  citizen  of  that  country.  His 
residence  commenced  before  the  coun- 
try was  conquered  by  Virginia,  and 
continued  until  after  the  birth  of  Aspa- 
sia ;  which  was  several  years  subsequent 
to  the  passage  of  the  ordinance  for  the 
government  of  the  Northwestern  Terri- 
tory. 

'  She  was  born  a  slave,  at  the  village 
of  Kaskaskia,  and  held  as  such.  In  the 
year  1821,  she  was  purchased  by  the 
plaintiff  in  error ;  who  immediately  af- 
terwards gave  her  to  his  son-in-law, 
Francis  Chouteau,  a  resident  of  St. 
Louis. 

'  He  held  her  as  a  slave  until  October, 
1827,  when  he  returned  her  to  the  plain- 
tiffin  error,  in  consequence  of  the  claim 
she  set  up  for  her  freedom.' 

Upon  this  evidence,  Menard  claimed 
Aspasia,  as  his  slave ;  but  the  Circuit 
Court  decided  against  him.  He  appeal- 
ed to  the  Stipreme  Court  of  the  State  ; 
and  in  that  Court  the  judgment  of  the 
Circuit  Court  was  affirmed. 


^ie6] 


ANNUAL  REGISTER,  1830—31. 


To  reverse  this  judgment,  a  writ  of 
error  is  now  prosecuted  ;  and  two  errors 
are  assigned.  First.  Slaves  in  the 
Northwestern  Territory,  before  and  in 
the  time  of  the  adoption  of  the  ordi- 
nance of  1787,  were  not  liberated  by  that 
instrument,  but  continued  slaves. 

Secondly.  That  the  oiBspring  of  such 
slaves  follow  the  condition  of  the  moth- 
er, and  are  also  slaves.  To  understand 
the  nature  of  the  right  asserted  by  the 
plaintiff  in  error,  a  reference  to  the  civil 
history  of  the  Illinois  country  is  neces- 
sary. By  the  treaty  of  peace,  concluded 
in  1763,  between  England  and  France, 
the  latter  ceded  to  the  former  the  coun- 
try out  of  a  part  of  which  the  State  of 
Illinois  was  formed.  In  the  colonies 
of  both  France  and  England,  it  is  well 
known  that  slavery  is  tolerated. 

It  was  stipulated  in  the  treaty,  '  that 
those  who  chose  to  retain  their  lands, 
and  become  subjects  of  his  Majesty  the 
King  of  England,  shall  enjoy  the  same 
rights  and  privileges,  the  same  security 
for  their  persons  and  effects,  and  liberty 
of  trade,  as  the  old  subjects  of  the  King.' 
The  same  assurance  was  given  to  the 
inhabitants  of  the  country  in  the  procla- 
mation of  General  Gage,  in  1764. 

In  1778,  a  military  force,  organised 
under  the  authority  of  Virginia,  and 
commanded  by  General  Clarke, subdued 
Kaskaskia,  and  Port  Vincent,  and  drove 
the  British  forces  from  the  country. 

Soon  afler  this  occurrence,  by  an  act 
of  the  Virginia  Legislature,  a  county 
called  Illinois  was  organised,  embracing 
the  conquered  district ;  and  its  citizens 
were  admitted  on  an  equality  of  J"ights 
with  the  other  citizens  of  Virginia.  This 
country  was  ceded  to  the  United  States 
by  Virginia  in  1784,  with  certain  stipu- 
lations, one  of  which  was,  that  '  the 
French  and  Canadian  inhabitants  and 
other  settlers  of  the  Kaskaskias,  St. 
Vincents,  and  the  neighboring  villages, 
who  hare  professed  themselves  citizens 
of  Virginia,  shall  have  their  possessions 
and  titles  confirmed  to  them,  and  be 
protected  in  the  enjoyment  of  their 
rights  and  liberties.' 

Under  the  laws  of  Virginia,  the  citi- 
zens of  Illinois  county  had  a  right  to 
purchase  and  hold  slaves ;  and  that 
right  was  not  abrogated,  but  protected, 
by  the  cession  of  1784,  to  the  United 
States. 

In  April,  1784,  Congress  passed  cer- 
tain resolutions,  securing  to  the  people 
north  of  the  Ohio  certain  rights  and 
privileges,  by  which  they  were  gov- 
erned;   and   which   remained  in  force 


until  the  adoption  of  the  ordinance  of 
1787. 

By  these  resolutions  the  existence  of 
slavery  is  not  referred  to,  except  by  im- 
plication, in  using  the  words  ^  free  males 
of  full  age '  being  entitled  to  certain 
privileges;  and  also  '  free  inhabitants.' 
Under  these  resolutions,  in  the  manner 
prescribed,  the  free  inhabitants  were 
authorised  to  adopt  the  laws  of  any  one 
of  the  original  States. 

On  the  13th  of  July,  1787,  Congress 
passed  the  ordinance  for  the  government 
of  the  territory  northwest  of  the  river 
Ohio ;  and  repealed  the  resolutions  of 
1784. 

In  this  ordinance,  ten  articles  are 
adopted,  which  are  declared  to  be  arti- 
cles of  compact,  '  between  the  original 
States,  and  the  people  and  States  in  the 
said  territories,  and  to  remain  unaltera- 
ble forever,  unless  by  common  consent.' 
Among  these  articles  is  the  following  : 
*  There  shall  be  neither  slavery  nor  in- 
voluntary servitude  in  the  said  territory, 
otherwise  than  in  the  punishment  of 
crimes,  whereof  the  party  shall  have 
been  duly  convicted.' 

By  an  act  of  Congress  of  1789,  and 
another  of  180(f,  certain  provisions  were 
made  to  regulate  the  government  oi 
the  territor}',  and  make  a  division  of  it ; 
but  they  do  not  affect  the  question 
which  is  made  in  the  case  under  con- 
sideration. 

In  the  second  section  of  'ue  act  of  / 
1800,  '  The  inhabitants  of  the  territory 
shall  be  entitled  to,  and  enjoy,  all  and 
singular  the  rights,  privileges,  and  ad- 
vantages, granted  and  received  by  the 
said  ordinance.'  This  provision  was  re- 
enacted  in  the  act  of  3d  February,  1809, 
which  established  the  Illinois  territory. 

By  the  act  of  Congress  of  the  5th  of 
April,  1818,  the  people  of  the  territory 
were  authorised  to  form  a  Constitution 
and  State  Government ;  and  on  the  3d 
December  following,  by  a  joint  resolu- 
tion of  the  Senate  and  House  of  Repre- 
sentatives, the  State  of  Illinois  was  ad- 
mitted into  the  Union,  '  on  an  equal 
footing  with  the  original  States,  in  all 
respects  whatever.' 

The  provision  of  the  ordinance  of 
1787,  prohibiting  slavery,  was  incorpo- 
rated into  the  Constitution. 

This  provision  of  the  ordinance,  it  is 
contended,  could  only  operate  prospec- 
tively ;  and  was  never  designed  to  im- 
pair vested  rights ;  that  such  was  the 
construction  uniformly  given  to  it,  un- 
der the  territorial  government :  that  the 
provision  was  understood  to  prohibit  the 


LAW  CASES,  Sic. 


[267 


introduction  of  slaves  into  the  territory, 
by  purchase  or  otherwise ;  but  those, 
who  were  held  in  slavery  at  the  time 
the  ordinance  was  adopted,  were  not 
liberated  by  it. 

That  this  was  the  understanding  of 
the  people  of  the  territory  at  the  time 
the  Constitution  was  adopted,  it  is  ar- 
gued, appears  from  the  frequent  refer- 
ence made  in  that  instrument,  to  *  free 
white  male  inhabitants,'  in  contradis- 
tinction from  those  who  were  not  free  ; 
and  from  a  law  which  was  subsequently 
P'xssed  by  the  Legislature  of  the  State, 
"imposing  a  tax  on  slaves.  The  rights 
of  persons  who  claimed  a  property  in 
slaves,  it  is  argued,  were  not  affected  by 
the  provisions  of  the  ordinance  of  1787, 
or  of  the  Constitution ;  but  remain  as 
they  were,  prior  to  the  adoption  of 
either.  That  a  construction,  different 
from  this,  would  be  destructive  of  those 
rights  which  the  citizens  of  the  country 
enjoyed  under  the  French  and  British 
Governments  ;  and  which  were  guar- 
antied by  Virginia,  and  provided  for  in 
her  cession  of  the  country  to  the  Union. 

The  slavery  of  the  mother  of  Aspasia 
r  being  established,  it  is  contended,  that 
under  the  ordinance,  her  offspring  must 
follow  the  same  condition. 

This  is,  beyond  dispute,  the  principle 
of  the  civil  law,  and  is  recognised  in 
Virginia,  and  other  States,  where  slavery- 
is  tolerated.  Whether  the  same  princi- 
ple be  applicable  to  the  case  under  con- 
sideration, is  a  question  which  it  may 
not  be  necessary  now  to  determine. 

The  plaintiff  in  error  insists  on  his 
right  to  the  services  of  Aspasia  as  his 
slave  ;  and  attempts  to  enforce  it.  To 
try  this  right,  the  present  action  was 
instituted  ;  ^nd  a  decision  having  been 
given  against  the  right, .  the  plaintiff 
prosecutes  a  writ  of  error  in  this  Court 
to  reverse  the  judgment. 

Can  this  Court  take  jurisdiction  of 
the  case .'' 

By  the  twehty-fiflh  section  of  the  ju- 
diciary act  of  1789,  it  is  provided,  that 
'  a  final  judgment  or  decree,  in  any  suit, 
in  the  highest  Court  of  law  or  equity  of 
a  State,  in  which  a  decision  in  the  suit 
could  be  had,  where  is  drawn  in  ques- 
tion the  construction  of  any  clause  of 
the  Constitution,  or  of  any  treaty  or 
statute  of  the  United  States ;  and  the 
decision  is  against  the  title,  right,  privi- 
lege, &c.  under  the  statute,  may  be  re- 
examined and  reversed  or  affirmed  in 
this  Court.' 

Does  the  right  asserted  by  the  plain- 
tiff in  error  come  within  any  of  the  pro- 
visions of  this  section.'     Under  what 


statute  of  the  United  States  is  the  right 
set  up.  The  answer  must  be  under  the 
ordinance  of  1787,  and  the  statutes  that 
have  been  subsequently  enacted,  which 
have  a  bearing  on  the  question. 

In  the  second  article  of  the  compact 
contained  in  the  ordinances,  it  is  pro- 
vided, that '  no  man  shall  be  deprived  of 
his  liberty  or  property,  but  by  the  judg- 
ment of  his  peers.'  'And  in  the  just 
preservation  of  rights  and  property,  it 
is  understood  and  declared,  that  no  law 
ought  ever  to  be  made,  or  have  force 
in  the  said  territory,  that  shall  in  any 
manner  affect  private  contracts.' 

This  compact  was  formed  between 
the  original  States  and  the  people  of 
the  territory  ;  and  that  part  of  it  which 
prohibits  slaverv  is  embodied  in  the 
Constitution  of  llUnois. 
v..  la  thus  being  made  a  part  of  the  fun- 
-^amental  law  of  the  State,  a  guarantee 
against  slavery,  of  as  high  obhgatiou  as 
on  any  other  subjects  embraced  by  the 
Constitution,  is  given  to  the  people  of 
the  State. 

There  are  various  provisions  in  the 
compact  which  are  deeply  interesting  to 
the  people  of  Illinois,  and  which,  it  is 
presumed,  no  one  would  contend,  could 
give  a  supervising  jurisdiction  to  this 
Court. 

In  the  third  article,  it  is  provided,  that, 
*  religion,  morality,  and  knowledge,  be- 
ing necessary  to  good  government,  and 
the  happiness  of  mankind ;  schools  and 
the  means  of  education,  shall  forever  be 
encouraged.'  And  in  the  third  article, 
'  that  all  fines  shall  be  moderate,  and  no 
cruel  or  unusual  punishment  shall  be 
inflicted.'  '  All  persons  shall  be  bailable, 
unless  for  capital  offences,  where  the 
proof  shall  be  evident  or  the  presump- 
tion great.*  These  and  other  provisions, 
contained  in  the  compact,  were  designed 
to  secure  the  rights  of  the  people  of  the 
territory,  as  a  basis  of  future  legislation, 
and  to  have  that  moral  and  political  in- 
fluence that  arises  from  a  solemn  recog- 
nition of  principles  which  lie  at  the 
foundation  of  our  institutions.  The 
same  may  be  said  as  to  the  provisions 
respecting  the  rights  of  property. 

The  provisions  in  the  compact  which 
relate  to  '  property,'  and  to  *  rights,'  are 
general.  They  refer  to  no  specific  pro- 
perty or  class  of  rights.  It  is  impossi- 
ble, therefore,  judicially,  to  limit  their 
application.  If  it  were  admitted  that 
Aspasia  is  the  property  oiP  the  plaintiff 
in  error,  and  the  Court  were  to  take 
jurisdiction  of  the  case,  under  the  pro- 
visions of  the  ordinance ;  must  they  not, 
on  the  same  ground,  interpose   their 


268] 


ANNUAL  REGISTER,  1630—31. 


jurisdiction  in  all  other  controversies 
respecting  property  which  was  acquired 
in  the  Northwestern  Territory. 

Whatever  right  may  be  claimed  to 
have  originated  under  the  ordinance  of 
1787,  it  would  seem,  that  a  right  to  the 
involuntary  service  of  an  individual 
could  not  have  had  its  source  in  that 
instrument.  It  declares,  that  *  there 
shall  be  neither  slavery  nor  involuntary 
servitude  in  the  territory.'  If  this  did 
not  destroy  a  vested  right  in  slaves,  it  at 
least  did  not  create  or  strengthen  that 
riffht. 

If  the  decision  of  the  Supreme  Court 
of  Missouri  had  been  against  Aspasia,  it 
might  have  been  contended,  that  the  re- 
vising power  of  this  Court,  under  the 
twenty-fifth  section  of  the  judiciary  act, 
could  be  exercised.  In  such  a  case,  the 
decision  would  have  been  against  the 
express  provision  of  the  ordinance,  in 
favor  of  liberty ;  and,  on  that  ground,  if 
tlxat  instrument  could  be  considered, 
under  the  circumstances,  as  an  act  of 
Congress,  within  the  twenty -fifth  sec- 
tion, the  jurisdiction  of  this  Court  would 
be  unquestionable. 

But  the  decision  was  not  against  but 
in  favor  of  the  express  provision  of  the 
ordinance.  Was  it  opposed  to  any  other 
part  of  the  instrument  ?  It  is  possible, 
that  opposing  rights  may  arise  out  of  the 
same  instrument,  although  it  contain  no 
contradictory  provisions. 

The  right  asserted  by  the  plaintiflf  in 
error  had  not  its  origin  under  any  ex- 
press provision  of  the  ordinance.  It  is 
only  contended,  that  the  instrument 
did  not  destroy  this  right,  which  had 
its  commencement  in  other  laws  and 
compacts,  A  sanction  of  the  Hght,  ifa- 
.  plied  more  from  the  force  of  construc- 
tion than  the  Words  used  in  the  ordi- 
nance, is  all  that  can  be  urged. 

No  substantial  ground  of  difference  is 
perceived  between  the  assertion  of  any 
other  right  to  property,  and  that  which 
is  set  up  in  the  present  case.  The  pro- 
visions in  the  ordinance  will  equally  ap- 
ply to  every  description  of  claim  to  prop- 
erty, personal  or  real. 

And  if,  from  the  general  provisions 
respecting  property,  this  Court  shall- 
take  jurisdiction  in  the  case;  on  the 
same  principle  it  may  revise  the  deci- 
sions of  the  Supreme  Courts  of  Illinois, 
Indiana,  and  Ohio :  at  least,  in  all  cases 
which  involve  rights  that  existed  under 


the  territorial  government.  Give  per- 
petuity to  this  general  provision,  and 
consider  it  as  binding  upon  the  people 
of  these  States  ;  and  it  must  have  an 
important  beaiing  upon  their  interests. 

Instead  of  looking  to  their  Constitu- 
tions as  the  fundamental  law,  they  must 
look  to  the  ordinance  of  1787.  In  this 
instrument,  their  rights  are  denned,  and 
their  privileges  guarantied.  And,  in- 
stead of  finding  an  end  of  legal  contro- 
versies respecting  property,  in  the  de- 
cisions of  their  own  Court  of  Judicature, 
they  must  look  to  this  Court. 

This  cannot  be  the  true  construction 
of  this  instrument.  Its  general  provis- 
ions, as  to  the  rights  of  property,  can- 
not give  jurisdiction  to  this  Court, 
They  do  not  come  within  the  twenty-fifth 
section  of  the  judiciary  act.  The  com- 
plaint is  not  that  property  Uaj  been 
taken  from  the  plaintiflf  in  eijor,  in  the 
language  of  the  ordinance,  '  without  the 
judgment  of  his  peers,'  nor,  that  hia 
right  has  been  affected  by  any  lau'  of 
the  territory,  or  of  the  State.  It  is  not 
pretended  that  his  right,  whatever  it 
may  be,  is  not  secured  as  fully  under 
the  Constitution  and  laws  of  Illinois, 
as  under  the  ordinance.  In  support  of 
his  claim,  a  reference  is  made  to  thft 
judicial  decisions  of  the  State,  under  it» 
own  laws. 

If,  then,  a  suit  be  brought  by  a  citi- 
zen of  Illinois,  to  enforce  a  right  in  the 
Courts  of  Missouri,  which  exists  to  as 
great  an  extent  under  the  Constitution 
and  laws  of  the  State  of  Illinois,  as  ia 
the  territorial  government,  under  the 
ordinance,  and  a  decision  be  given 
against  the  right,  can  the  party  asserting 
it,  ask  the  interposition  of  this  Court.' 

The  prosecution  of  this  writ  of  error 
presents  the  question  to  this  Court,  in 
the  same  point  of  view,  as  if  the  suit  in 
Missouri  had  been  commenced  by  the 
plaintiff  in  error. 

His  title  does  not  arise  under  an  act 
of  Congress.  This  is  essential  to  give 
jurisdiction,  under  this  head.  It  is  not 
enough  to  give  jurisdiction,  that  the  act 
of  Congress;  did  not  take  away  a  right, 
which  previously  existed.  Such  an  act 
cannot  be  said  to  give  the  right,  though 
it  may  not  destroy  it. 

This  suit  must,*^  therefore,  be  dig-, 
missed,  as  this  Court  has  no  jurisdietiow 
of  the  case. 


i.<^  y(i(SU:    ii.-i.Jiilii>.i  1     (A  i/,  /, A 


m 


OBITUARY. 


George  the  Fourth. 

June  26,  1830.— At  the  Castle 
of  Windsor,  in  the  68th  year  of  his 
age,  and  the  11th  of  his  reign, 
George  the  4th,  King  of  Great 
Britain  and  Ireland. 

George  Augustus  Frederick,  the 
eldest  child  of  King  George  the 
3d,  and  Charlotte  of  Mecklenburg 
Strelitz,  was  born  on  the  48th  anni- 
versary of  the  accession  of  the 
house  of  Brunswick,  to  the  English 
throne,  Aug.  12th,  1762.  On  the 
J  7th  of  the  same  month  the  new 
heir  apparent  was  created  by 
patent,  Prince  of  Wales,  and  Earl 
of  Chester.  In  1771,  a  separate 
establishment  was  formed  for  the 
education  of  the  Prince  of  Wales 
and  his  next  brother  the  Bishop 
of  Osnaburgh,  more  generally 
known  as  the  Duke  of  York.  Dr. 
Markham,  and  the  celebrated  Dr. 
Cyril  Jackson,  both  of  Oxford, 
undertook  the  task  of  tuition. 

The  system  which  the  King  had 
adopted  for  the  education  of  his 
son,  was  highly  beneficial  while  it 
was  in  •  operation,  and  so  far  as 
sound  scholarship  was  concerned  ; 
confining  the  Prince  to  his  studies 
with  almost  monastic  seclusion 
and  severity,  it  caused  his  ready 
mind  to  accumulate  an  unusual 
store  of  valuable  knowledge.  But 
no  sooner  did  its  operation  cease, 
than  it  was  found  to  produce  effects, 
which  his  reverend  agents  were 
the  first  to  discern  and  deplore. 
It  had  too  long  shut  out  the  world 

2a* 


from  the  view  of  the  Prince,  and 
by  not  graduating  his  advance 
towards  the  public  scenes  of  life, 
rendered  those  scenes,  when  at 
last  he  was  at  liberty  to  survey 
them  as  he  pleased,  too  novel  and 
enchanting,  too  luxuriant  and 
overpowering.  '  His  tutors  and 
governors  had  scarcely  loosened 
the  rein,  before  they  were  required 
altogether  to  drop  it ;  persons  of 
an  opposite  character  were  in  wait- 
ing to  celebrate  his  freedom,  and 
administer  to  his  gratification  and 
delight.  Among  them  were  cer- 
tain individuals,  celebrated  for  the 
splendor  of  their  talents  and  vices, 
and  in  their  earliest  intercourse 
with  the  Prince,  miich  more  ready 
to  corrupt  his  morals  with  the  one, 
than  to  enlarge  and  elevate  his 
mind  by  the  other. 

Here  we  must  look  for  the  origin 
of  those  misunderstandings  which 
took  place  between  George  the  3d, 
and  his  Heir  Apparent. 

On  the  Prince  attaining  his 
majority  in  1783,  he  was  appoint- 
ed a  colonel  in  the  army,  the  higlv- 
est  military  rank  his  father  ever 
allowed  him  to  hold.  At  the  same 
time  a  message  from  the  King 
desired  the  Commons  to  provide 
for  him  a  suitable  income,  and  a 
sum  sufficient  for  the  formation  of 
an  establishment  appropriate  to  his 
station.  For  the  latter  purpose 
^60,000  was  granted,  and  for  the 
former,  the  annual  sum  of  .£50,- 
000.     This    provision   was    con- 


270 


ANNUAL  REGISTER,  1830—31. 


derailed  by  one  party  as  likely  to 
lead  to  great  inconvenience ;  and 
applauded  by  another  as  showing 
a  proper  regard  to  the  already  in- 
tolerable burdens  of  the  people. 

The  Prince's  difficulties  increas- 
ed so  fast,  that  three  years  after 
his  settlement  he  applied  to  the 
King  for  assistance.  A  schedule 
of  his  debts,  was  by  the  King's 
command  laid  before  him;  but, 
whatever  might  be  the  nature  of 
the  document  some  of  the  items 
w^re  so  inconsistent  with  the  strict 
moral  principles  of  George  the  3d, 
that  the  negociation  ended  in  a 
positive  refusal  of  relief. 

A  determination  was  then  taken 
by  the  Prince  to  do  penance  on 
^10,000  a  year  and  dedicate  ^40,- 
000  annually  to  the  liquidation  of 
his  debts  until  they  were  discharg- 
ed. 

In  this  resolution,  which  some 
applauded,  and  others  condemned, 
his  royal  highness  persevered  for 
nine  whole  months !  But  in  the 
session  of  1787  the  King  and  his 
ministers  were  induced  to  give 
way  to  the  presumed  wishes  of 
Parliament,  and  by  the  consequent 
negociations,  a  promise  was  given 
to  pay  the  debts,  to  make  allow- 
ance for  the  works  at  Carlton  house, 
and  to  add  ^10,000  a  year  to  the 
Prince's  income;  while  on  the 
other  side  there  was  a  formal  en- 
gagement to  abstain  from  future 
involvements. 

In  1792,  when  the  principles  of 
the  French  revolution  had  made 
such  alarming  progress,  that  to 
withstand  their  influence  some 
active  demonstrations  were  con* 
sidered  necessary,  one  of  the  meas- 
ures adopted  by  the  ministry  was 
a  royal  proclamation  for  the  sup- 
pression of  seditious  publications, 
and  incendiary  societies,  which 
the  two  houses  of  Parliament  were 
to  support  by  addresses.     At  this 


anxious  period,  when  most  men 
deemed  it  incumbent  upon  them 
to  take  their  side,  and  even  the 
indifferent  were  stimulated  to  exert 
themselves  in  defence  of  good 
order,  the  Prince,  who  had  so 
much  in  prospect  to  lose,  was  in- 
duced for  the  first  time  to  vote  in 
favor  of  ministers,  and  moreover 
for  the  first  time,  to  deliver  his 
sentiments  in  the  House  of  Lords. 
United  with  decided  expressions 
that  he  would  support  the  integrity 
of  the  constitution,  he  declared — 
*  I  exist  by  the  love,  the  friendship, 
and  the  benevolence  of  the  people, 
and  their  cause  L  will  never  for- 
sake as  long  as  I  live.'  This 
speech  tended  considerably  to  re- 
store his  popularity.  It  was  said 
to  have  been  composed  by  the 
Duke  of  Portland.  In  the  mean 
time  the  Prince  of  Wales'  debts 
had  been  .again  accumulating. 
They  urged  him  to  make  another 
application  to  his  father  for  assist- 
ance. The  King,  who  entertain- 
ed the  hope  that  marriage  might 
tend  to  steady  and  reform  his 
habits,  replied  that  it  was  with  that 
plea  alone  that  the  country  could 
be  brought  to  listen  to  this  renew- 
ed demand.  After  considerable 
hesitation  the  Prince  was  induced 
to  consent ;  and  the  King  selected 
for  the  bride,  his  niece  the  Princess 
Caroline  of  Brunswick,  a  most 
unfortunate  choice.  The  marriage 
ceremony  took  place  in  the  Chapel 
royal,  St.  James',  on  the  8th  of 
April,  1795. 

On  this  occasion  the  revenue  of 
the  Prince  was  raised  to  ,£125,- 
000,  besides  the  receipts  of  the 
duchy  of  Cornwall,  .£28,000  for 
jewels  and  plate,  and  £26,000  for 
the  furniture  of  Carlton  house. 

On  the  7th  January,  1796,  the 
Princess  of  Wales  gave  birth  to  a 
daughter,  the  late  Princess  Char- 
lotte.    The  royal  parents  had  early 


OBITUARY. 


Wt 


i 


evinced  a  mutual  distaste,  and 
three  months  after  this  occurrence 
a  final  separation  took  place,  and 
the  Princess  formed  a  distinct 
establishment  on  Black-heath. 

The  final  illness  of  King  George 
the  3d,  began  early  in  October, 
1810;  and  was  first  announced  lo 
Parliament  on  the  29th  of  Novem- 
ber ;  and  after  a  keen  discussion, 
the  Regency  bill  at  length  became 
a  law  on  the  5th  of  February.  On 
this  ihe  Prince  of  Wales  assumed 
the  reins  of  government,  under 
certain  restrictions  which  termi- 
nated on  the  1st  of  February,  1SI2. 

As  the  opposition  to  the  restric- 
tion was  conducted  in  concert  with 
the  Prince,  some  surprise  was 
manifested  on  his  continuance  in 
office  of  the  Percival  administra- 
tion. In  a  letter  whish  was  pub- 
lished at  the  time,  his  Royal  High- 
ness apprized  Mr.  Percival,  *  that 
the  irresistible  impulse  of  filial  duty 
and  affection  leads  him  to  dread 
that  any  a(5t  of  the  Regent,  might, 
in  the  smallest  degree,  have  the 
effect  of  interfering  with  the  pro- 
gress of  his  sovereign's  recovery, 
and  that  this  consideration  alone 
dictates  the  decision  now  commu- 
nicated to  Mr.  Percival.'  Still, 
when  the  restrictions  expired,  and 
the  Prince  became'vested  with  the 
full  powers  of  Sovereignty,  he  did 
not  withdraw  his  confidence  from 
the  Percival  administration. 

The  assassination  of  Mr.  Perci- 
val, May  11,  1812,  led  Mr.  Stuart 
Wortley  to  move  an  address,  pray- 
ing his  royal  highness  to  take  such 
measures  as  flight  be  best  calcula- 
ted to  form  an  efficient  administra- 
tion. The  address  was  carried 
against  ministers,  and  the  answer 
returned  was,  that  his  royal  high- 
ness would  take  the  address  into 
immediate  consideration.  Expec- 
tations of  a  new  Ministry  were 
generally    entertained,     and    the 


Prince  successively  gave  directions 
to  the  Marquis  Wellesley  and  Lord 
Moira,  to  negotiate  with  Lords 
Grey  and  Grenville.  No  such  ar- 
rangement being  found  feasible; 
on  the  8th  of  June,  the  Earl  of 
Liverpool  stated  in  the  House  of 
Lords,  that  the  Prince  Regent  had 
on  that  day  appointed  him  first 
Lord  of  the  Treasury ;  and  the 
Liverpool  administration  was  im- 
mediately formed.  On  the  30th 
of  November,  the  Prince  Regent, 
now  unfettered  by  restrictions, 
made  his  first  speech  from  the 
throne.  On  the  death  of  George  the 
3d,  Jan.  29,  1820,  his  royal  high- 
ness changed  his  vicarious  title  of 
Sovereignty  for  that  of  King ;  his 
coronation  followed  July  19,  1821. 
On  the  last  day  of  the  same  month 
he  left  London  on  a  visit  to  Ireland. 
He  was  the  first  Sovereign  of  the 
house  of  Brunswick  that  had  set 
foot  on  that  country ;  and  he  was 
received  with  the  utmost  enthusi- 
asm. Having  returned  to  London 
on  the  15th  of  September,  on  the 
24th  he  started  for  Hanover„ 
whence  he  returned  Nov.  8.  The 
greater  part  of  August,  1822,  was 
spent  in  a  visit  to  Scotland. 

The  latter  years  of  George  the 
Fouith,  were  passed  in  retirement* 
His  secluded  cottage  in  Windsor 
park,  was  his  favorite  residence ; 
and  although  vast  sums  were  spent 
both  in  the  repairs  of  Windsor 
Castle,  and  the  erection  of  a  me- 
tropolitan palace,  he  only  partially 
entered  into  the  occupation  of  the 
former,  and  of  the  latter  he  never 
took  possession.  He  seldom  met 
his  Parliament  in  person,  very 
rarely  held  courts,  and  did  not 
always  accomplish  an  annual  visit 
to  the  Theatres.  Almost  the  only 
place  where  he  was  publicly  seen 
was  at  the  races  on  Ascot  Heathy 
which  he  generally  attended  every 
day  of  their  duration. 


273 


ANNUAL  REGISTER,  1830—31. 


He  was  emphatically  one  of  the 
race  Des  Rois  Faiue.lus,  and  were 
his  existence  blotted  from  the 
history  of  England  there  is  not  a 
word  nor  deed  of  his,  worthy  of 
preservation,  that  need  not  pass 
into  oblivion  with  him. 

His  disease,  which  was  assifica- 
lion  of  the  vessels  of  the  heart, 
accompanied  by  dropsy,  was  sud- 
denly brought  to  a  close  by  a  rup- 
ture of  a  blood-vessel,  and  he  died 
on  theM()th  of  June ;  and  was  com- 
mitted with  splendid  ceremonies, 
but  without  a  single  regret,  to  the 
tomb. 


Isaac  Parker. 

July 25.— At  Boston,  in  the  (Xid 
year  of  his  age,  Isaac  Parker,  late 
Chief  Justice  of  the  Supreme  Court 
of  Judicature  in  the  State  of  Mas- 
sachusetts.—Isaac  Parker  was  born 
in  Boston,  June  17,  17(58.  His 
father  was  a  merchant  of  that  town, 
but  met  with  reverses  of  fortune  in 
business,  while  his  son  was  quite 
young,  which  gave  an  impetus  to 
the  e.xertions  of  the  boy  that  had 
its  good  effects  throughout  his  life. 
The  town  schools  of  Boston  have 
long  been  a  theme  of  praise  in  this 
country,  and  to  one  of  them,  the 
grammar  school,  Isaac  was  sent  to 
prepare  himself  for  college.  At 
the  age  of  fourteen  he  entered 
Harvard  University,  and,  notwith- 
standing his  extreme  youth,  he  be- 
came distinguished  in  the  class 
which  was  graduated  in  1780.  In 
it  there  were  many  distinguished 
men,  who  loved  and  respected  the 
late  Chief  Justice  from  his  child- 
hood to  his  death.  After  leaving 
college,  he  acted  as  a  tutor  for  a 
short  time,  in  the  grammar  school, 
in  which  he  had  received  the  ru- 
diments of  his  education,  but  this 
occupation  not  being  suited  to  one 
who  felt  that  he  was  entitled  to 


hold  a  high  rank  at  the  bar,  he 
resigned  his  place,  and  entered 
into  the  othce  of  the  late  Judge 
Tudor,  a  gentleman  of  taste  and 
talents,  and  of  great  urbanity,  to 
study  the  law.  The  constitution  of 
the  United  States  was  adopted 
about  the  time  he  finished  his  law 
studies,  and  the  effect  that  it  would 
have  upon  the  country  was  not 
then  ascertained,  but  Parker  be- 
lieved, that  if  it  was  a  blessing  to 
the  older  part  of  the  community, 
its  beneficial  influence  would  be 
felt  in  the  new  settlements.  His 
family  having  lately  removed  from 
Maine  to  Boston,  his  thoughts  were 
turned  towards  that  district,  it  then 
being  regarded  as  a  good  place  for 
the  e.xertion  of  his  talents.  Ac- 
cordingly he  established  himself  at 
Castiue.  It  was  a  lecent  settle- 
ment in  a  prosperous  condition, 
and  he  was  determined  to  grow  up 
with  it.  In  a  few  years  he  became 
the  most  popular  man  of  his  age  in 
.Maine.  His  manners,  although  re- 
fined, were  familiar,  and  he  made 
his  clients  his  friends  by  his  assid- 
uous attention  to  their  causes  and 
by  his  ability  in  conducting  them. 
One  instance  of  his  conduct  at  the 
bar  in  this  early  period  of  his  life, 
is  deserving  of  record.  The  pre- 
sent Arch-bishop  of  Bordeaux  the 
Fenelon  of  this  age — was  then  a 
humble  catholic  priest,  who  resid- 
ed principally  in  Boston,  but  had 
some  small  congregations  in  Maine. 
To  these  he  made  yearly  visits  to 
administer  the  consolations  of  re- 
ligion— on  one  of  these  occasions 
he  was  indicted  for  marrying  a 
couple  of  his  own  religious  creed 
and  also  members  of  his  church. 
When  the  trial  came  on  he  was 
put  to  the  bar  between  two  felons. 
Parker  volunteered  to  defend  the 
young  clergyman  who  cheerfully 
accepted  of  his  services,  but  re- 
quested the  liberty  of  offering,  in 


OBITUARY. 


273 


the  first  place,  his  own  views  of  his 
rights  to  the  court  and  jury.  This 
was  done  in  so  clear  and  loiciblu  a 
manner,  discovcrinirsuch  a  luioul- 
edge  of  consiitutioniil  law,  that  the 
attorney-general  entered  a  nolle 
prosequi  on  the  hill  at  once,  and 
Parker  introduced  Doctor  Cheve- 
rus  to  the  court  and  har  as  a  man 
of  exalted  piety  and  higii  acquire- 
ments. The  Doctor  had  friends  in 
Maine — and  they  all  hecaine  the 
friends  of  the  young  lawyer.  Such 
was  his  popularity,  that  he  was  in- 
duced to  stand  as  a  candidate  for 
Congress,  from  his  district,  and 
found  himself  in  that  hody  when 
he  was  but  little  past  thirty  years 
of  age.  It  was  a  period  of  great 
political  agitation  when  he  entered 
the  House;  but  those  who  had  been 
previously  there  soon  discovered 
that  he  had  peculiar  qualifications 
for  a  politician,  and  hailed  him  as 
a  great  acquisition,  fit  had  how- 
ever sagacity  enough  (o  see  that 
the  life  of  a  politician  and  a  suc- 
cessful country  practice  in  this 
profession  of  the  law  were  quite  in- 
compatible, and  he  prudently  de- 
clined a  second  election.  llis 
character  being  known  to  Presi- 
dent Adams,  he  appointed  him 
Marshal  for  the  district  of  Maine, 
which  oflice  he  held  until  the  ac- 
cession of  Mr.  Jefferson  to  the 
Presidency  in  1801.  He  now  re- 
moved to  Portland — the  largest 
commercial  town  in  the  district, 
and  was  in  full  practice  in  1S04, 
when  he  was  offered  a  seat  on  the 
Supreme  Bench  of  the  Common- 
wealth. This  he  declined,  but  two 
years  afterwards  was  induced  to 
accept  of  an  appointment  to  the 
same  office  by  the  earnest  solicita- 
tions of  his  friends  in  Maine  and 
in  Massachusetts  Proper.  In 
March,  180G,  he  made  his  first  ap- 
pearance as  a  judge  in  the  county 
of  Essex.     The   grave   people   of 


that  county  had  been  accustomed 
to  see  grey-headed  men  on  the 
bench,  and  were  surprised  to  find 
one  so  young  take  his  seat  at  a 
Nisi  Frius  term  of  the  Supreme 
(/ourt  at  Ipswich.  At  his  first  ap- 
pearance, on  examining  the  crimi- 
nal calendar  he  found  an  indict- 
ment for  a  riot,  against  several  of 
the  inhabitants  of  Salem,  which 
had  been  before  a  jury  for  several 
years,  at  almost  every  term  of  the 
court  in  this  county  ;  but  the  gov- 
ernment had  not  been  ab'e  to  get 
a  verdict,  as  the  juries  would  not 
agree  to  one.  The  prosecution 
and  the  defence  had  in  them  the 
essence  of  party  fiiry.  It  would 
have  been  a  miracle  to  have  found 
a  jury  that  could  have  agreed.  In 
this  state  of  things,  the  young  judge 
inquired  of  the  attorney-general, 
if  he  thought  there  was  not  a  great 
propriety  in  entering  a  nolle  pro- 
sequi,  as  the  trials  had  made  much 
more  disturbance  than  a  dozea 
riots.  The  hint  was  seized,  aadJ 
the  long  contested  case  was  dis- 
missed, after  costing  the  Common- 
wealth no  small  sum  of  money,  and 
the  defendants  still  more.  In  the 
autumn  of  the  ^ame  year  1806, 
came  on  the  trial  of  Selfridge  for 
shooting  Austin,  in  the  streets  of 
Boston,  a  memorable  case.  Chief 
Justice  Parsons  was  now  on  the 
bench,  and  at  the  opening  of  the 
Court  in  Suffolk,  made  the  usual 
charge  to  the  grand  jury.  The 
friends  of  the  deceased  made  many 
objections  to  the  charge,  but  every 
word  of  it  was  sound  law,  and  has 
since  been  so  held  in  most  of  the 
SKites  of  the  Union.  In  this  state 
of  excitement  Judge  Parker  came 
to  hold  the  Nisi  Pi'ius  term  after 
the  law  term  had  closed.  The  bill- 
found  by  the  grand  jury  was  only 
for  manslaughter.  Parker  took  up 
the  case  in  its  usual  course,  and 
tried  it  with  so  much  fairness  an<i 


874 


ANNUAL  REGISTER,  1830—31. 


promptneis,  was  so  ready  to  give 
an  opinion  on  every  point  suggest- 
ed, that  even  those  who  thought 
highly  of  him  before  were  astonish- 
ed to  find  him  so  ready  to  meet  any 
exigency.  The  result  is  well 
known — Selfridge  was  acquitted — 
party  spirit  was  raised  to  the  high- 
est pitch,  and  the  repose  of  the 
city  threatened,  when  the  verdict 
was  brought  in,  but  so  upright, 
impartial,  lucid,  and  correct,  had 
been  the  course  of  the  judge,  that 
his  praises  were  sounded  even  by 
those  who  were  much  disappointed 
at  the  result  of  the  trial.  From 
that  hour  he  became  the  favorite 
judge  of  the  Supreme  Court,  not- 
withstanding there  were  some  of 
the  greatest  men  of  the  age  on  that 
bench  at  that  time.  Parsons,  Sedg- 
wick, and  Sewall,  minds  of  the 
highest  order  and  enriched  with 
the  profoundest  acquirements. 

In  1813,  Sedgwick  and  Parsons 
died,  and  Sewall  was  made  Chief 
Justice.  He  was  one  of  the  best 
commercial  lawyers  of  the  age, 
had  been  in  Congress,  and  there 
took  the  lead  in  matters  both  com- 
mercial and  naval.  The  Common- 
wealth in  the  midst  of  their  grief 
at  the  loss  of  th&  two  great  lights 
•of  the  law,  were  happy  to  think 
that  such  a  man  was  left  them  for 
Chief  Justice  as  Samuel  Sewall  ; 
but  before  a  twelvemonth  had  elaps- 
ed, he  too  was  numbered  among 
the  dead.  Judge  Parker  was  then 
made  Chief  Justice  with  the  full- 
est approbation  of  the  bar  and 
public.  He  took  the  office  with 
diffidence. — The  great  men  who 
had  preceded  him  had  won  an  im- 
perishable reputation  and  it  was 
now  beyond  the  control  of  accident, 
but  he  took  the  office  with  the 
full  confidience  of  the  public. 

In  1820,  when  a  convention  was 
called  in  Massachusetts  to  revise 
the   state    constitution,   after  Mr. 


Adams  had  declined  the  Presiden- 
cy, to  whom  it  was  offered  as  a  well 
deserved  compliment,  (although  the 
acceptance  of  such  an  arduous 
office  could  not  have  been  expect- 
ed from  one  who  had  numbered 
eighty-five  years;)  Judge  Parker 
was  elected  President  without  op- 
position. In  this  body,  formed  of 
the  greatest  men  that  ever  had 
been  assembled  in  New  England, 
he  was  conspicuous,  and  although 
not  trained  to  the  rules  and  orders 
of  a  deliberative  assembly,  yet  v'^uch 
was  his  readiness  in  seizing  ali  the 
nice  distinctions  in  the  machiiiery 
for  governing  legislative  b-vlies, 
that  his  decisions  were  almost, 
always  acceptable  to  the  conven- 
tion. In  the  committee  of  the 
whole,  when  relieved  from  the 
duties  of  the  chair,  he  took  a  spirit- 
ed part  in  the  debate,  and  often 
had  the  happiness  of  reconciling 
contending  opinions. 

For  several  years  before  his 
death,  down  to  near  the  time  of 
his  decease,  he  was  a  professor  of 
law  in  Harvard  University,  and 
gave  a  course  of  lectures  yearly. 
How  far  he  had  advanced  in  the 
work,  and  what  portion  of  the 
great  field  he  had  explored,  we  are 
not  able  to  say  ;  but  anything  from 
his  pen  on  such  a  subject  must 
be  valuable  not  only  for  the  infor- 
mation it  contains,  but  also  for  its. 
style. 

The  manner  of  Judge  Parker 
in  trying  a  cause  was  as  pleasant 
as  in  his  common  conversation., 
which  was  always  delightful  and 
commanding :  there  was  no  want 
of  dignity  in  his  ease,  but  he  me L 
everything  with  so  mucK  ©aador, 
and  discovered  so  much  patience 
that  the  advocate,  the  witness,  and^ 
the  jurymen,  were  all  in  the  full 
possession  of  their  faculties ;  and 
the  trial  of  a  cause  went  on  under 
his  care  more  rapidly  than  in  that 


OBITUARY. 


276 


forestalling,  catching,  snubbing^and 
hurrying  method  so  often  practised 
by  ordinary  minds  when  elevated 
to  the  bench.  In  presiding  at  a 
capital  trial  his  manner  was  above 
all  praise.  He  was  anxious  to  put 
everything,  that  made  for  the  pris- 
oner, in  a  true  point  of  view.  He 
exhibited  nothing  in  the  course  of 
the  examination  of  that  feverish 
sensibility  which  some  of  our  best 
philanthropists  indulge  in,  nor  ex- 
hibited any  of  those  hard  features 
which  some  great  Judges  think 
they  must  assume,  when  they  lift 
the  sword  of  justice  over  the  head 
of  the  prisoner.  He  calmly  sat 
and  heard  the  defe^ice  of  the  un- 
fortunate, (for  every  one  must  be 
considered  unfortunate  who  is  sub- 
jected to  a  trial  for  life,  innocent, 
or  guilty,)  with  a  solemnity  suita- 
ble to  the  occasion  ;  but  never 
discovered  any  agitation  in  the 
most  appalling  case.  However 
late  at  night  it  might  be,  when  the 
council  had  closed,  he  never  ad- 
journed for  his  own  convenience  ; 
and  however  weary  he  might  be 
when  he  arose  to  charge  a  jury  in 
a  capital  case,  he  was  as  minute 
and  patient  as  at  the  commence- 
ment of  the  trial.  When  the 
famous  highwayman  Michael  Mar- 
tin was  tried  for  robbing  Major 
Bray,  near  Boston,  in  the  county  of 
Middlesex,  as  the  Chief  Justice 
finished  his  charge  to  the  jury,  and 
the  pannel  had-  retired  to  delibe- 
rate, one  of  the  advocates  in  the 
defence  said  to  the  prisoner, 
Michael,  you  cannot  object  to  that 
charge.  No,  counsellor,  he  replied. 
'  There  was  no  touch  of  Lord  Nor- 
bury  in  that,  the  Judge  speaks  like 
a  man  who  has  a  soul;  and  as 
good  father  O'Riley  used  to  say, 
he  is  not  one  who  dooms  you  to 
death,  when  he  knows  you  have  a 
chance  to  die  some  other  way.' 
In  pronouncing  sentence  of  death 


on  a  criminal  he  endeavored  to  set 
before  him  the  extent  of  his  guilt 
in  a  clear  and  faithful  manner, 
and  urged  him  to  that  repentance 
which  leadeth  to  life,  everlasting 
through  the  meritg  af  a  Redeemer, 
but  he  avoided  that  tasteless  rant 
which  is  so  frequeotly  exhibited  on 
the  bench  on  such  occasions. 
When  the  Chief  Justice  had  pass- 
ed the  sentence  ..of  the  law  upon 
the  condemned,,  the  wretch  often 
seemed  to  be  still  listening  to  his 
voice,  wishing  to  hear  something 
more  from  liim  who  had  sentenced 
him  to  an  ignominious  death,  be- 
cause his  voice  was  so  kind  and 
his  rules  for  a  repentance  so  ration- 
al. This  was  in  imitation  of  him 
who  never  lacerated  the  bosom  in 
attempting  to  cleanse  and  to  heal. 
Judge  Parker  was  a  good  law- 
yer, bi^t  never  suffered  his  partiali- 
ty for  the  antiquated  looks  of  a 
year  book  to  overrule  the  good 
sense  of  more  modern  authorities. 
His  mind  was  capacious  enough 
to  see  the  nature  of  improvements, 
and  he  had  independence  enough 
to  bfe  an  optimist  in  all  things, 
where  he  had  a  choice  of  authori- 
ties. In  his  reasoning  on  a  point, 
the  technicalities  of  the  law  seem- 
ed to  be  to  him  what  the  Scotch 
names  of  hill  and  dale,  and  lake 
and  cavern  were  to  the  Poet  of 
Abbottsford,  in  his  easy  rhymes, 
just  such  things  as  he  wanted  to 
fill  up  the  line.  ,  It  is  seldom,  that 
legal  opinions  are  expressed  in 
tolerably  good  English,  but  if  we 
look  to  Parker's  opinions  through 
a  long  course  of  years  in  the  Mas- 
sachusetts reports,  there  will  be 
found  a  neatness  of  style  that  is 
worthy  of  imitation.  It  is  succinct 
without  being  abrupt,  neat  without 
any  attempt  at  prettiness,  and  full 
of  good  choice  words  of  a  well- 
settled  meaning.  The  current  of 
his  thoughts  is  easily  followed,  and 


276 


ANNUAL  REGISTER,  1830—31. 


the  commonest  capacity  can  dis- 
cover the  precise  meaning  he  in- 
tended to  convey.  He  felt  right, 
saw  clearly,  and  judged  honestly. 
He  had  no  superabundant  stores 
of  learning  to  make  Mm  mad,  or 
lead  him  widely  astray  ;  nor  could 
he  have  felt  any  want  of  intelli- 
fi^ence,  to  cause  him  to  hide  his  de- 
lioiency  under  the  gravity  of  com- 
mon !;;  ice  remarks.  His  miscella- 
neous productions  are  all  marked 
with  purity,  ease,  and  elegance. 
In  them  there  are  no  throes  of 
genius,  no  seeking  after  fame,  but 
they  are  plain  and  simple,  as  if  he 
had  read  no  other  models  than 
those  of  St.  John  and  Addison. 
He  was  a  lover  of  works  of  taste, 
and  the  severest  studies  of  his  pro- 
fession were  often  better  accom- 
plished by  relaxing  for  a  while  to 
indulge  in  reading  them.  He  was 
a  member  of  many  of  the  societies 
in  the  city  and  neighborhood  of 
Boston — the  Phi  Beta  Kappa — the 
American  Academy — the  Bible 
Society,  and  many  others,  and  was 
always  willing  to  perform  his  share 
of  the  labor  incident  to  such  of- 
fice ;  and  in  the  church,  he  was 
not  a  whit  behind  the  most  zealous 
in  doing  good. 

For  more  than  a  quarter  of  a 
century  he  was  the  most  influential 
man  in  the  Commonwealth  of  Mas- 
sachusetts. This  influence  was 
noiseless  and  constant,  it  was  found 
in  the  temples  of  justice,  the  halls 
of  legislature,  in  tlie  seminaries  of 
learning — at  the  ballot  boxes — on 
'change — in  the  social  circles — 
every  where  ;  it  fell  like  the  dews 
of  heaven,  and  although  it  could 
hardly  be  told  when  it  ascended  or 
descended,  its  existence  could  not 
be  doubted.  If,  sometimes,  he  mis- 
took character,  (for  who  is  always 
wise  and  discriminating  7)  this  in- 
fluence was  used  better,  probably, 
for  the  whole  course  of  the  time  it 


existed,  than  of  any  other  person 
in  that  of  any  other  region. 

Chief  Justice  Parker  was  mar- 
ried young,  and  from  his  bridal 
hour  to  that  of  his  death  was  an 
example  of  domestic  happiness. 
His  house  was  the  abode  of  easy 
and  plain  hospitality.  He  had  not 
covetousncss  or  avarice  in  his  na- 
ture. He  wished  for  competency, 
and  was  content  with  it.  He  en- 
joyed life  to  the  last,  seldom  dis- 
turbed by  indisposition,  for  he  was 
temperate  in  all  things.  He  died 
by  apoplexy,  on  the  25th  of  July, 
1830,  after  a  long  combined  exer- 
tion of  official  duty.  His  father 
and  several  of  his  ancestors  had 
died  by  this  disease,  and  his  own 
conformation  intimated  very  dis- 
tinctly to  him  that  this  would  pro- 
bably be  his  fate.  He  lived  in  pre- 
paration as  well  as  expectation  of 
the  event.  This  is  all  a  mortal 
can  do.  To  sum  up  his  character 
in  a  few  words :  he  had  genius 
without  eccentricity,  and  learning 
without  pedantry.  In  him  firm- 
ness was  united  to  flexibility,  and 
delicacy  with  decision.  He  was 
aflluent  in  thought,  and  was  never 
obliged  to  have  recourse  to  a  rigid 
economy  in  the  use  of  his  know- 
ledge. His  enemies  were  few,  and 
his  friendships  many.  If  the  latter 
had  not  much  of  extasy  in  them, 
the  former  were  free  from  all  ma- 
lice. If  the  proportions  of  his  in- 
tellect were  not  colossal,  they  were 
in  the  perfect  stature  of  man,  and 
therefore  more  worthy  of  imitation. 
After  a  long  life  spent  in  the  pub- 
lic service,  he  died  poor;  and  the 
citizens  of  Boston,  with  a  munifi- 
cence which  characterizes  that 
place,  immediately  made,  by  volun-- 
tary  subscription,  that  provision  for 
his  family,  which  his  services,  as  a 
public  man  seemed  to  require  of 
the  Commonwealth. 


OBITUARY. 


[277 


Marinus  Willett. 

1830.  August  23d.  At  N.  York, 
in  the  91st  year  of  his  age,  Marinus 
Willett,  formerly  Mayor  of  that 
city. 

Colonel  Marinus  Willett  was 
born  on  the  31st  of  July,  (O.  S.) 
1740,  at  Jamaica,  Long  Island, 
the  youngest  of  six  sons  of  Edward 
Willett,  a  respectable  farmer  in 
Queen's  county. 

When  young  Willett  was  about 
sixteen  years  of  age,  he  witnessed 
the  lawless  conduct  of  some  press- 
gangs  in  seizing  several  American 
citizens,  and  taking  them  on  board 
of  some  British  ships  then  lying  in 
the  harbor  of  New  York.  The  oc- 
currence made  a  vivid  impression 
on  his  youthful  mind,  and  prepared 
him  to  lend  a  zealous  support  to 
any  movements  which  promised  to 
relieve  the  colonists  from  similar 
outrages. 

Within  a  short  time  afterwards, 
the  preparations  made  in  the  colo- 
nies, for  the  conquest  of  Canada, 
excited  his  military  enthusiasm, 
and  having  obtained  a  commission 
as  second  lieutenant  in  a  colonial 
regiment,  commanded  by  Colonel 
Delancey,  in  1758,  he  joined  the 
army  under  General  Abercrombie, 
which  was  destined  against  Ticon- 
deroga,  and  Crown  Point.  This 
expedition  was  rendered  abortive 
by  the  skill  of  Montcalm,  who  re- 
pulsed their  attack  upon  Ticonde- 
roga,  killing  and  wounding  nearly 
two  thousand  of  the  British  and 
provincial  troops.  To  repair  the 
disgrace  of  -this  bloody  repulse, 
General  Abercrombie  detached 
Colonel  Bradstreet,  with  3,000 
men,  against  Fott  Frontenac  (now 
Kingston.) 

Lieutenant  Willett,  who  bad 
behaved  with  great  coolness  and 
courage  in  the  assault  upon  Ticon- 
deroga,  was  detailed  on  this  expe- 
dition. Colonel  Bradstreet  suc- 
24 


ceeded  in  reducing  the  fort,  but 
the  men  and  officers  under  his 
command  were  exposed  to  severe 
fatigue,  in  marching  through  the 
wilderness,  and  conveying  their 
baggage,  ammunition,  and  artil- 
lery, from  Fort  Stanwix,  where  the 
troops  assembled,  to  move  directly 
upon  Frontenac.  Six  days  were 
consumed  in  moving  from  the  head 
of  Wood  Creek  to  Oswego,  from 
which  place  they  were  transported 
in  lake  craft  to  the  place  of  their 
destination.  Fort  Frontenac  was 
destroyed  after  its  surrender,  Aug. 
27,  and  the  troops  were  subjected 
to  still  greater  fatigue  in  returning, 
being  obliged  to  carry  with  them 
the  valuable  articles  captured  in 
the  fort.  From  this  exposure, 
one  half  of  the  detachment  were 
rendered  unfit  for  duty  upon  ar- 
riving at  Fort  Stanwix,  and  Lieut. 
Willett  was  confined  there  until 
the  end  of  the  campaign.  The 
feeble  state  of  his  health  in  conse- 
quence of  this  expedition,  prevent- 
ed him  from  serving  again  during 
the  French  war ;  but  this  early  in- 
itiation into  the  mode  of  warfare  in 
a  new  country,  was  of  great  advan- 
tage to  him  in  a  subsequent  part  of 
his  career.  Within  a  few  years 
after  the  termination  of  the  French 
war,  the  British  government  com- 
menced that  course  of  aggressions 
upon  the  rights  of  the  colonies, 
which  finally  led  to  open  resistance. 
In  resolving  upon  this  step,  the 
American  patriots  were  sensible  of 
the  entire  want  of  preparation 
throughout  the  colonies,  to  carry 
on  a  war,  and  it  was  an  object  of 
some  importance  to  prevent  the  re- 
moval of  those  arms  and  military 
munitions  that  belonged  to  the  roy- 
al government.  When  the  news  of 
the  battle  of  Lexington  flew  through 
the  country,  the  whigs  in  the 
seaports  of  the  middle  and  south- 
ern states,  formed  themselves  in 


278] 


ANNUAL  REGISTER,  1830—31. 


juxta-position  with  the  royal  troops, 
and  those  provincial  authorities  that 
were  still  reluctant  to  abandon  the 
connexion  with  Great  Britain.  In 
some  of  these  places,  the  tories 
formed  a  strong  party,  and  they 
were  in  some  measure  countenanc- 
ed by  a  larger  number  of  respecta- 
ble citizens,  who  still  hesitated  to 
take  any  irrevocaWe  steps. 

Such  was  peculiarly  the  state  of 
things  in  the  city  of  N.  York,  and 
when  the  British  troops  which  gar- 
risoned the  city,  were  ordered  af- 
ter the  battle  of  Lexington  to  join 
the  army  in  Boston,  with  the  view 
of  preventing  bloodshed,  it  was 
agreed  to  permit  them  to  embark 
with  their  arms  and  accoutre- 
ments. 

Mr.  Willett  was  opposed  to  this 
agreement,  and  wished  to  detain 
the  troops  as  prisoners.  He  was, 
however,  overruled  in  this,  and  the 
troops  were  suffered  to  depart  with- 
out molestation.  The  British  com- 
mander, however,  in  addition  to 
the  arms  of  the  soldiers,  undertook 
to  carry  off  with  him  several  chests 
of  spare  arms  belonging  to  the 
regiment.  Willett,  aided  by  seve- 
ral zealous  whigs,  determined  to 
prevent  it,  and  accordingly,  when 
the  regiment  was  on  its  line  of 
march  to  the  place  of  embarcation, 
Lieut.  Willett  arrested  the  baggage 
carts  which  were  in  front  of  the 
column,  and  by  his  prompt  and 
energetic  course,  although  opposed 
by  the  Mayor,  and  several  influen- 
tial whigs,  finally  succeeded  in 
taking  possession  of  the  carts  con- 
taining the  spare  arms;  which  were 
used  in  arming  the  first  regiment 
raised  by  the  state  of  New  York. 

The  war  had  now  commenced, 
and  three  regiments  being  raised 
by  New  York,  Lieut.  Willett  en- 
tered the  one  commanded  by  Col. 
McDougall,  in  which  he  was  made 
second  captain.     He  was  appoint- 


ed on  the  28th  of  Jane,  1775,  and 
on  the  8th  of  August  he  embarked 
for  Albany,  to  join  the  expedition 
under  General  Montgomery,  des- 
tined against  the  British  forts  on 
Lakes  George  and  Champlain. 
After  the  reduction  of  these  places, 
Captain  Willett  was  ordered  to 
take  command  of  St.  John's,  which 
post  he  held  until  January,  1776, 
when  the  term  for  w^hich  his  men 
had  enlisted  expiring,  he  was  re- 
lieved and  returned  home;  The 
war  now  having  assumed  a  threat- 
ening aspect,  the  army  was  put 
upon  a  different  footing.  Of  the 
nevv  regiments  to  be  raised.  New 
York  was  to  furnish  four,  and  of 
the  third  of  these.  Captain  Willett 
was  appointed  Lieut.  ColoneL  At 
the  opening  of  the  campaign  in 
1777,  Col.  Willett  was  placed  in 
command  of  Fort  Constitution^ 
where  he  remained  until  the  18th 
of  May,  when  he  was  ordered  to 
repair  to  Fort  Stanwix.  Upon  his 
arrival  at  this  place  on  the  29th  of 
May,  he  found  the  fort  in  an  un- 
tenable condition,  and  an  incom- 
petent engineer  employed  in  re- 
pairing the  works.  His  incompe- 
tency was  soon  discovered,  and 
upon  the  suggestions  of  Colonel 
Willett,  Colonel  Gandevoort,  the 
chief  in  command,  ordered  him  to 
be  arrested,  and  sent  to  head-quar- 
ters. In  the  mean  time,  dangers 
began  to  thicken  around  the  garri- 
son. Indians  were  discovered 
prowling  about  the  fort,  and  seve- 
ral persons,  who  ventured  beyond 
the  protection  of  the  works,  were 
killed,  and  scalped.  About  the 
middle  of  July,  one  of  the  scouting 
parties  was  attacked,  and  it  was 
thought  necessary  to  use  every  ex- 
ertion to  put  the  fortress  in  a  state 
of  defence,  which  was  effected  by 
the  1st  of  August.  The  next  day 
a  large  supply  of  ammunition  and 
provisions,   together   with  a  rein- 


OBITUARY. 


[27* 


forcement  of  200  men,  arrived, 
and  scarcely  had  the  stores  been 
conveyed  into  the  fort,  when  the 
army  which  had  been  despatched 
by  General  Burgoyne,  under  Col. 
St.  Leger,  to  reduce  Fort  Stanwix, 
appeared,  and  invested  the  place. 
The  garrison,  now  consisting  in 
the  whole  of  750  men,  prepared  to 
maintain  the  post,  upon  the  suc- 
cessful defence  of  which,  the  safe- 
ty of  Albany  and  of  Gates'  army 
was  thought  to  depend. 

On  the  4th  of  August,  the  fire 
upon  the  fort  was  commenced  by 
the  enemy,  and  was  continued 
during  that  and  the  next  day. 
The  morning  of  the  6th,  two  men 
arrived  at  the  fort,  informing  the 
commander,  that  General  Herki- 
mer was  raising  the  militia  of  Try- 
on  county,  with  the  view  of  raising 
the  siege. 

Upon  th«  receipt  of  this  intelli- 
gence, it  was  determined  to  maJce 
a  sortie  upon  the  enemy's  camp, 
m  order  to  effect  a  diversion  in 
favor  of  General  Herkimer.  A 
detachment  of  250  men  sallied 
hrlh  for  this  purpose,  under  Col. 
Willett,  and  driving  in  the  sentries, 
forced  the  camp  where  Sir  John 
Johnson  was  stationed,  dispersed 
the  Indians,  and  took  possession  of 
u\e  camp  equipage  and  stores, 
which  he  brought  into  the  fort. 
The  sortie  was  completely  success- 
ful, and  without  the  loss  of  a  man 
on  the  American  side. 

While  this  attack  was  thus  hap- 
pily conducted,  Gen.  Herkimer, 
who  was  marching  without  proper 
military  precaution,  fell  into  an 
ambush,  and  was  defeated  with 
considerable  loss ;  he  himself  being 
badly  wounded,  and  dying  from 
unskilful  treatment,  shortly  after 
the  engagement.  The  siege  was 
now  resumed,  and  a  flag  was  sent 
to  the  garrison,  threatening  them 
with  the  terrors  of  an  Indian  mas- 


sacre, in  case  of  their  refusing  to 
surrender.  This  threat  was  treat- 
ed with  contempt,  and  as  the  de- 
feat of  General  Herkimer,  put  an 
end  to  all  expectation  of  relief  from 
the  militia,  it  was  deemed  advisa- 
ble to  despatch  some  person  from 
the  fort,  to  inspirit  the  country 
militia  to  make  another  attemjjt 
to  raise  the  siege.  Col.  Willett 
was  well  known  in  that  quarter, 
and  with  the  view  of  relieving  his 
companions  from  their  dangerous 
position,  he  gallantly  determined 
to  attempt  to  pass  through  the  ene- 
my's camp,  and  to  make  his  way 
through  a  pathless  forest,  to  the 
settlements  down  the  Mohawk  riv- 
er, which  were  about  fifty  miles 
distant.  On  the  night  of  the  10th 
of  August,  accordingly.  Colonel 
Willett,  and  Major  Stockwell  left 
the  fort  together,  with  no  arms  ex- 
cept spears,  and  without  any  pro- 
visions, except  a  few  crackers  and 
som.e  cheese;  made  their  way 
through  an  adjoining  marsh ;  cross- 
ed the  river  undiscovered  by  the 
sentinels,  and  passed  safely  through 
the  enemy's  camp.  They  then 
continued  their  journey  all  the 
next  day;  slept  on  the  ground, 
without  even  a  blanket  during  the 
night,  and  the  second  day  after 
leaving  Fort  Stan wix^  about  three 
o'clock,  arrived  at  the  German 
Flatts,  where  they  were  received 
by  Colonel  Weston.  Here  they 
were  informed,  that  Gen.  Learned 
was  on  his  march  with  a  Massa- 
chusetts brigade  to  relieve  the  fort. 
The  next  day,  proceeding  on,  they 
met  these  troops,  who,  together 
with  one  of  the  New  York  regi- 
ments, all  under  the  command  of 
Gen.  Arnold,  hurried  on  to  relieve 
Fort  Stanwix. 

Before,  however,  they  reached 
the  place,  the  British  army  hearing 
of  their  approach,  and  not  being 
able  to  induce  (/ol.  Gandevoort  to 


280] 


ANNUAL  REGISTER,  1830—31. 


surrender,  suddenly  abandoned  the 
siege,  and  retreated  into  Canada. 

Col.  Willett  was  now  left  in 
command  of  the  fort,  in  which  sta- 
tion he  continued,  except  while 
visiting  his  family,  until  the  follow- 
ing June,  when  he  joined  the  army 
under  Washington,  and  was  pres- 
ent at  the  battle  of  Monmouth, 
where  he  acted  as  a  volunteer  aid 
to  Gen.  Scott,  of  Virginia. 

The  next  campaign,  i.  e.  of  1779, 
he  was  with  Gen.  Sullivan,  in  his 
expedition  against  the  western  In- 
dians. After  he  returned  from 
that  expedition,  which  was  entirely 
successful.  Col.  Willett  was  sta- 
tioned near  Morristown ,  and  occa- 
sionally acted  in  beating  up  the 
enemy's  quarters,  during  the  win- 
ter of  that  year. 

Towards  the  close  of  1780,  the 
New  York  regiments  were  reduced 
t'i  two,  and  Col.  Willett  was  order- 
ed to  take  command  of  all  the  lev- 
ies, and  state  troops  raised  to  pro- 
tect the  northwest  frontier  of  the 
state  against  the  incursions  of 
the  tories  and  Indians,  who  were  a 
se*'ere  scourge  to  the  settlers  on 
the  Mohawk.  Col.  Willett  had 
under  his  command  less  than  200 
men,  independent  of  the  militia, 
who  were  scattered  through  the 
country,  and  yet  with  this  small 
force,  he  contrived,  by  his  untiring 
energy  and  devotion,  to  repel  the 
enemy,  and  often  inflicted  a  severe 
chastisement  upon  them  in  their 
predatory  expeditions. 

In  one  of  these  under  Colonel 
Ross,  the  torifes  and  their  savage 
auxiliaries,  amounting  in  all  to 
nearly  1000  men,  were  subjected 
to  so  heavy  a  loss,  independent  of 
the  death  of  the  famous  partizan 
Major  Butler,  that  they  were  un- 
able to  undertake  any  considerable 
expedition  for  the  rest  of  the  year 
(17S2.) 

In  the  winter  of  that  year  he  at- 


tempted to  surprise  the  British  gar- 
rison at  Oswego  ;  but  failed  from  a 
mistake  of  the  Indian  guide,  and 
retired  without  making  an  assault, 
with  the  loss  of  but  one  man,  who 
was  frozen  to  death.  During  this 
march  the  news  of  peace  arrived, 
and  Colonel  Willett  retired  from 
the  army,  with  the  entire  confi- 
dence of  Washington,  and  the 
gratitude  of  the  people  of  this  state, 
to  whom  he  had  afforded  adequate 
relief  and  protection.  The  esti- 
mation in  which  he  was  held  by 
his  fellow  citizens,  was  manifested 
by  their  making  him  sheriff  of 
New  York,  directly  after  the  war, 
which  office  he  held  four  years. 

Difiiculties  however  still  contin- 
ued with  the  Southern  Indians, 
and  after  the  adoption  of  the  fed- 
eral constitution.  President  Wash- 
ington determined  to  send  a  com- 
missioner to  induce  them  to  enter 
into  a  treaty. 

Colonel  Willett  was  accordingly 
selected  to  go  into  the  Creek  coun- 
try, and  after  a  long  and  fatiguing 
journey,  not  unattended  with  dan- 
ger, through  a  wilderness  filled 
with  Indians,  whose  pacific  dispo- 
sition was  doubtful,  he  arrived,  at- 
tended by  a  German  servant  and 
an  Indian  guide,  among  the  Creek 
settlements.  Here  he  was  well  re- 
ceived, and  finally  persuaded  them 
to  send  McGillivray  and  other 
principal  chieftains  to  New  York, 
where  a  treaty  was  made,  which 
relieved  Georgia  from  a  war  with 
the  powerful  tribes  of  southern  In- 
dians. After  his  return  from  the 
Creek  mission,  he  was  again  ap- 
pointed sheriff,  which  office  he 
held  for  another  term  of  four  years. 

The  same  year,  (1792)  he  was 
appointed  Brigadier  General  in  the 
army  intended  to  act  against  the 
northwestern  Indians.  This  ap- 
pointment, however,  he  declined, 
thinking  an  Indian  war  ought  to  be 


OBITUARY. 


[281 


avoided,  and  offered  his  services  to 
mediate  a  peace,  but  the  difficulties 
occurring  shortly  after  in  the  city 
of  New- York  compelled  him  to 
remain  at  his  post  as  sheriff.  In 
1807  he  was  appointed  Mayor  of 
the  city,  and  in  1824  he  was  cho- 
sen elector  of  President  and  Vice- 
President  of  the  United  States,  and 
by  the  electors  afterwards  made  the 
President  of  the  electoral  college. 
He  voted  in  favor  of  xMr.  Adams, 
and  at  the  subsequent  election  in 
1828,  his  opinion  of  his  fitness  for 
his  high  station  being  strengthened, 
he  was  again  placed  upon  the  elec- 
toral ticket,  which  was  supported 
by  the  administration  party  in  the 
city  of  New  York.  That  ticket 
did  not  succeed,  and  Col.  Willett, 
who  was  then  at  a  very  advanced 
age,  soon  after  became  too  much 
enfeebled  to  quit  his  mansion. 

A  few  months  before  his  death 
he  was  attacked  by  a  paralysis, 
and  on  the  23d  of  August,  1830, 
he  yielded  his  patriotic  and  ardent 
spirit  into  the  hands  of  his  Maker, 
with  the  steadfast  hope  of  a  Christ- 
ian, and  the  humble  confidence  of 
one  whose  life  was  devoted  to  the 
service  of  his  country. 

Colonel  Willett  was  one  of  the 
best  specimens  of  the  patriots  of 
the  revolution.  In  his  character 
were  combined  traits  of  chivalric 
daring,  gentleness  and  humanity 
which  belonged  to  a  less  degene- 
rate age. 

His  courage  and  presence  of 
mind  were  displayed  not  only  at 
the  head  of  his  regiment,  but  in 
the  lone  and  pathless  wilderness, 
when  surrounded  by  Indians,  and 
sustained  only  by  his  own  innate 
energies.  He  never  shrank  from 
danger  nor  responsibility,  when  the 
general  weal  required  him  to  ex- 
pose himself;  and  while  in  private 
life  his  integrity,  frankness,  and 
decision    endeared    him    to    his 

friends  and  acquaintance  ;  his  fear- 

24* 


less  intrepidity  and  self-devotion  in 
the  public  service  gave  him  a  strong 
hold  upon  the  affections  of  the 
community. 

King  of  Naples. 

1830.  Nov.  7.  At  Naples,  aged 
53,  Francis  Janvier  Joseph,  King  of 
Naples  and  the  Two  Sicilies. 

He  was  born  April  19, 1777, the 
son  of  Ferdinand  the  4th  (Infant 
of  Spain,)  by  the  Archduchess 
Maria  Caroline,  daughter  of  the 
Emperor  Francis  1st.  He  suc- 
ceeded to  the  throne  Jan.  4,  1825, 
on  the  death  of  his  father.  Al« 
though  he  gave  some  promise  of 
an  improved  government  before  he 
came  to  the  throne,  he  showed  no 
disposition  in  power  to  fulfil  the  ex- 
pectations he  had  raised.  He  did 
not  act  the  King  of  the  Lazza- 
roni,  or  the  buffoon,  like  his  father ; 
nor  did  he  kill  in  his  time  so  many 
wild  boars  and  tunny  fish  ;  but  he 
was  not  a  better  sovereign,  though 
he  had  better  tastes,  nor  less  of  a 
despot,  though  not  so  much  of  a 
Nimrod.  It  was  a  saying  of  the 
old  King,  that  the  people  could 
only  be  governed  by  the  three  f  s, 
meaning  by  that  the  initial  letters 
of  the  three  words,  festa,  forza, 
and  furca,  (or  festivals,  force,  and 
the  gallows) ;  and  though  his  late 
Majesty  did  not  so  cordially  enjoy 
these  means  of  power,  he  never 
thought  of  any  better  receipt  for 
good  government. 

King  Francis  was  twice  married; 
firstly,  to  his  first  cousin,  the  Arch- 
duchess Maria  Clementina,  daugh- 
ter of  the  Emperor  Leopold  2d. 
by  whom  he  was  father  of  Maria 
Caroline,  the  Duchess  de  Berri. 
This  Princess  having  deceased, 
Nov.  15,  1801,  he  married  second- 
ly, by  proxy,  July  6,  and  in  person, 
Oct.  6,  1802,  another  first  cousin, 
the  Infanta  Maria  Isabella,  daugh- 
ter of  Charles  4th  King  of  Spain, 
and  sister  to  the  present  King  Fer« 


282]  ANNUAL  REGISTER,  1830—31. 

dinand.     By  this  alliance  he  had  tuality  by  briefs,  which  he  himself 

six  sons  and  six  daughters.  dictated,  and  which  breathe  a  love 

of  order  and  of  peace. 

Pope  Pius  the  Eighth.  He  left  so  small  a  fortune  for  his 

Dec.  3d.    1830.     At  Rome   in  family,  that  they  can  scarcely  have 

his  70th  year,    his  Holiness  Pope  wherewith  to  maintain  their  rank. 
Pius  the  Eighth. 

Francisco    Xavier    Castiglione, 
was  born  at  Cingoli,  Nov.  20,  1761,  General  Sucre. 

made  Bishop  of  Montalto  in  1800,        1830.     Aged  37,  General  Anto- 

Cardinal  in  1816,  elected  to  the  nio  Jose  de  Sucre,  who  was  assas- 

Popedom  on  the   31st  of  March,  sinated  on  his  way  toPasto,in  New 

1829,  and  crowned  on   the  5th   of  Grenada. 

April   following.     His  administra-       He   was   born   at   Cumana,    in 
lion   v.Ms,  on  the  whole,  the  result  Venezuela,  in  1793,  and  was  edu- 
of  good    sense    and     enlightened  cated    at   Carraccas.     He  entered 
views.     Not  only  did   he  bring  the  the  army  in  1811,  and   from  1814 
long  winded  negotiations  with  the  to  1817,   served  in   the  staff.     He 
Netherlands  to  a  successful  termi-  commanded    the  patriot  forces  at 
nation,  but  accomplished  the  task  of  the  battle  of  Pinchica,  on  the  24th 
settling  the  affairs  of  the  Catholic  of  May  1822,  when  800  Spaniards 
Americans.     At  his   instance,  the  were  left  dead   on  the  field,   and 
Ottoman  court  placed  the  Romish  the  remainder,  consisting  of  about 
church  on   the  same  footing  with  3000   men,   capitulated.     By   this 
that  of  the  Greeks,  in  point  of  civil  event,  the  independence  of  duito 
and   religious  immunities,  and  al-  was  secured.     In   June,  1823,  he 
lowed  them  to  have  a  resident  Pa-  was     elected    commander-in-chief 
triarch   at  Constantinople.     Great  of  the   patriot   forces  in  Peru,  on 
melioration,   tending  to  lessen   the  the  approach  of  a  powerful  Spanish 
public  burdens,  were   also  effected  army,  and  soon  after  was   invested 
throughout  the  Roman  states    du-  with  the  supreme  command.     On 
ring  the  late  Pope's  transient  ca-  the   9th   of  December,    1824,  he 
reer.    He  lent  a  zealous  and  liberal  gained  the  battle  of  Ajacucho,  the 
hand  to  the  constructions  proceed-  most  brilliant  ever  fought  in  South 
ing  on  Mount  Pincis,  was  an  active  America.    This  battle  secured  the 
patron  of  the  excavations  in  progress  independence  of  Peru.     He  after- 
on  the  banks  of  the  Tiber  and  in  the  wards   liberated   the   province    of 
Forum  ;   and  spared  no  expense  in  Bolivia,  became  supreme  chief,  and 
preserving  the  splendid  remains  of  was  finally   appointed  by  the  con- 
ancient  architecture,    with  which  gress  of  that   republic.   President 
the  imperial  city  abounds.     Rome  for  life.     From  this  station  he  was 
is  indebted  to  him,  for  its  present  afterwards  driven  by  a  revolution 
currency,  which  threw  the  miser-  of  the  Bolivians,  aided    by  the  Pe- 
able  production  of  Leo   12th's  mint  ruvian  army.      This   interference 
completely  m  the  shade.     Before  occasioned  a  war  between  Colom- 
the  Holy   Father  was  confined  to  bia  and  Peru,    in   which  General 
his  bed,  he  occupied  himself  upon  Sucre  commanded  the  Colombian 
some   indispensable    affairs.      He  forces.     In   this   war  he  was  suc- 
directpd  that  all  letters  addressed  to  cessful,  and  imposed  terms  of  peace 
him,  on  the  actual  state  of  things  upon  Peru,  at  his  own    dictation, 
in  France  and  Belgium,  should  be  In  these,  however,  he  did  not  abuse 
answered  with  the  strictest  punc-  his  power,  but  regarded  the  rights 


!."--' 


OBITUARY. 


[283 


of  the  vanquished  as  Well  as  those 
of  his  own  government.  He  was  af- 
terwards elected  first  President  of 
the   late    constituent    congress  of 
Bogota,  and  was  delegated  by  that 
body  as  one  of  the  commissioners 
to    propose    friendly    terms    with 
Venezuela.     When  this     mission 
had   proved  unsuccessful,  and  the 
congress   had  closed  its  labors,  he 
was  proceeding    to    the   southern 
departments  to  appease  certain  dis- 
turbances, which  had  arisen  under 
General    Flores,  when   he  met  an 
untimely  fate. 


aged 


Benjamin  Constant. 
Dec.  8,  1830.     At  Paris, 
65,  M.  Benjamin  Constant. 

This  eminent  person,  although 
inheriting  illustrious  blood  from 
both  his  parents,  avoided  every- 
thing which  might  give  room 
to  conjecture  his  origin,  and  relied 
entirely  on  his  talents  and  beha- 
vior. 

Never  did  any  man  labor  with 
more  diligence.  The  extent  of  his 
works,  if  they  were  collected, 
would  appear  immense.  While  he 
listened  to  the  debates  in  the  Cham- 
ber, he  would  at  the  same  time  be 
writing  on  the  most  abtruse  sub- 
jects. While  engaged  in  this  em- 
ployment, he  would  often  rise  sud- 
denly and  take  part  in  the  discus- 
sions ;  though  it  must  be  confessed 
that  his  extemporaneous  speeches 
were  in  general  much  inferior  to 
those  on  which  he  had  previously 
bestowed  the  labor  of  composi- 
tion. 

Benjamin  Constant  had  all  that 
weakness  of  human  nature  which 
thirsts  for  emotions,  and  he  sought 
to  gratify  that  desire  sometimes  in 
the  boudoirs,  sometimes  in  the 
chances  of  hazard,  but  never 
with  more  ardor  than  in  the  stir- 
ring events  of  political  life.  The 
storms  of  the  tribune  had  peculiar 


charms  for  him,  and  he  loved  thj 
animating   excitement    of    parlia- 
mentary    contests.       Never     was 
orator    more  ingenious,  never  was 
a  more  rigid  and  forcible  logic  dis- 
played.    His  speeches  always  com- 
manded  attention,  and  drew  from 
his  enemies  that  admiration  which 
they  would   have   wished  to  with- 
hold.    Though  most  serious  when 
engaged    in  public   business,  and 
ever  studious  in  the  closet,  it  was 
difficult  to  engage  him  in  a  serious 
conversation.     He   found    a  relax- 
ation in   being  frivolous  when  he 
mixed    in    that    world  which    he 
loved,    and  in  which  his  presence 
was  always  desired.     A  great  inti- 
macy subsisted  between  him  and 
Madame   de    Stael.     That    justly 
celebrated    woman  had   the   most 
unbounded  friendship  for  him  ;  but 
they  often   amused   themselves  by 
reciprocal  verbal  provocations,  and 
nothing  could    be  more  delightftil 
than  to  be  present  at  those  private 
scenes,  in  which  the  mental  colli- 
sion struck  out,  on  both  sides,  the 
most  vivid  flashes. 

Constant  was  singularly  fond  of 
the  sports  of  intancy,  into  which  he 
was  always  ready  to  engage  with 
zeal  and  a  boyish  simplicity.  About 
ten  years  ago,  at  the  country-seat 
of  Baron  Davillers,  he  followed  the 
example  of  some  young  lads  in 
leaping  to  the  bottom  of  a  quarry. 
On  this  occasion  he  unfortunately 
broke  his  thigh  ;  a  long  time 
elapsed  before  he  could  walk. 

in  person  he  was  tall  ;  his  fea- 
tures mild  and  interesting  ;  his  hair 
fair ;  he  walked  with  a  careless 
motion.  Only  two  years  ago,  he 
had,  when  in  the  tribune,  a  certain 
air  of  youth.  His  two  last  years 
were  painful.  Several  times  he 
was  observed  in  the  Chamber  to 
be  overcome  by  sleep,  and  twice 
he  fainted.  His  last  days  were 
not  passed  without  some  degree  of 
relaxation.     After    the    revolution 


284] 


ANNUAL  REGISTER,  1830—31. 


of  the  30th  of  July,  he  was  appoint- 
ed Vice-President  of  the  Council 
of  State.  His  friend  and  pupil, 
the  Duke  of  Broglie,  was  Presi- 
dent :  and   this   circumstance    in- 


nation  will  lose  in  him  an  orator, 
an  eloquent  defender  of  constitu- 
tional principles,  a  writer,  who 
added  to  a  powerful  display  of 
sound  loffic.   the  ornament  of  an 


duced  M.  Constant  readily  to  place    enlightened,  striking  and  original 
himself  in  the  second  rank. \When,    style.' 


however,  by  the  favor  of  M.  Du- 
pont  de  i'Eurc,  M.  Merilhou  suc- 
ceeded the  Duke  de  Broglie,  the 
Presidency  of  the  Council  of  State 
was  offered  in  vain  to  M.  Con- 
stant ;  for  he  could  not  consent  to 
fill  an  inferior  post  under  the  di- 
rection of  a  minister,  whose  name 
was  yet  scarcely  known. 

M.  Constant  has  left  a  widow, 
but  no  children.     He  underwent  a 


Simon  Bolivar. 
1830.  Dec.  17.     At  San  Pedro 
near   Santa  Marta,  in  Colombia, 
aged  47,  Simon  Bolivar,  late  Pres- 
ident of  that  republic. 

This  celebrated  personage  was 
born  in  the  city  of  Carraccas,  July 
25,  1783,  the  son  of  Don  Juan  Vi- 
cente Bolivar  y  Ponte,  and  Donna 
dangerous  surgical  operation  a  few  Maria  Concepcion  Palacios  y  Sojo, 
days  before  the  revolution  of  July,    both  of  distinguished    families  in 


and  insisted,  contrary  to  the  advice 
of  his  physician,  in  going  out  to 
join  his  fellow  deputies  towards  the 
end  of  the  '  glorious  week,'  when 
he  ought  to  have  been  in  his  bed. 
He  never  recovered  the  blow  which 
this  gave  to  his  health  ;   and  ever 
since   had   considered   his  life  as 
sacrificed  to  this  over  zealous  pa- 
triotism.    *  We  have  not  forgotten,' 
says  the    Constitutionel,  '  the  last 
words  he  uttered  in  the  tribune  : — 
"  Permit  me,"  said  he,  "  to  implore 
your  indulgence,  not  for  my  prin- 
ciples, but  for  the  imperfections  of 
a  refutation  drawn  with  haste.  Na- 
turally weak,  and  in  bad  health,  I 
feel  a  sadness  I  cannot  overcome : 
this  sadness,  gentlemen,  it  is  not  in 
my   power   to  explain.     I  cannot 
account  for  it;    but  have  endeav- 
ored to  surmount  these   obstacles 
in  the  discharge  of  my  duty,  and 
ray  intention,  at  least,   is  worthy 
your  indulgence."     ^  These  words 
were  marked  by  a  most  impressive 
melancholy,   and  produced   in  the 
Chamber  and  on  the  public  a  deep 
sensation.     In  six  days  he  was  no 
more. 

The  Journal  des   Debats  says. 


Venezuela.  After  acquiring  the 
first  elements  of  a  liberal  education 
at  home,  he  was  sent  to  Madrid  to 
complete  his  studies.  When  he 
had  finished  his  education,  he 
spent  some  time  in  travelling  in 
England,  Germany,  Italy^  and 
France,  at  the  capital  of  which  he 
was  an  attentive  witness  of  many 
of  the  later  events  of  the  revolu- 
tion, and  probably  there  imbibed 
the  spirit  which  impelled  him  at 
a  later  period,  to  become  the  lib- 
erator of  his  native  country.  Re- 
turning to  Madrid,  he  married  the 
daughter  of  Don  N.  Toro,  and 
embarked  with  her  for  America, 
with  the  view  of  dedicating  him- 
self to  the  improvement  of  his 
extensive  estates.  The  prema- 
ture death  of  his  wife,  put  an  end 
to  this  dream  of  domestic  happi- 
ness, and  he  again  visited  Europe, 
to  dispel  his  sorrow  at  her  loss. 

On  his  return,  he  visited  the 
United  States,  and  upon  his  arri- 
val at  Venezuela,  finding  his  fel- 
low citizens  engaged  in  open  hos- 
tility with  the  mother  country,  he 
promptly  embraced  the  side  of  the 
patriots,   and  pledged    himself  to 


The  Chamber   and  the   Frencht  he  cause  of  independence. 


OBITUARY. 


[385 


As  one  of  the  chief  promoters  of 
the  movements  in  Carraccas  in 
1810,  he  was  appointed  a  colonel 
under  the  supreme  junta,  and 
shortly  after  the  declaration  of  in- 
dependence, July  5th,  1811,  he 
took  part  in  a  military  expedi- 
tion under  Miranda,  against  a  body 
of  persons  in  Valencia,  who  op- 
posed the  revolution.  The  next 
year  he  was  intrusted  with  the 
command  of  Puerto  Cabello  ;  but 
the  Spanish  prisoners  having  ob- 
tained possession  of  the  castle 
through  treachery,  he  was  com- 
pelled to  evacuate  the  place,  and 
Monteverde,  the  Spanish  comman- 
der, soon  after  reduced  Venezuela 
to  a  state  of  temporary  submissioo. 
Bolivar  succeeded  in  escaping  to 
Curacoa,  whence  he  repaired  in  Sep- 
tember,1812,toCarthagena,and  en- 
tered into  the  service  of  the  patriots 
of  New  Grenada,  by  whom  he  was 
appointed  commander  of  a  small 
town  called  Baranca.  While  in 
this  post  he  undertook  an  expedi- 
tion to  TenerifFe,  a  place  situated 
above  Baranca  on  the  river  Mag- 
dalena,  and  having  succeeded  in 
capturing  it  he  proceeded  to  Mom- 
pox,  gathering  strength,  and  driv- 
ing the  Spaniards  before  him  until 
he  entered  the  city  of  Ocana  in 
triumph,  having  liberated  the  whole 
of  the  upper  Magdalena  from  its 
oppressors.  He  next  marched 
upon  Cucuta,  and  expelled  the 
Spanish  division  commanded  by 
Correa,  from  that  province.  He 
now  determined  upon  invading 
Venezuela  in  the  face  of  the  for° 
mid  able  force  under  Monteverde, 
with  an  army  not  exceeding  500 
in  number.  Upon  entering  Meri- 
da,  the  inhabitants  of  the  capital 
of  that  province  rose  upon  the 
Spaniards,  who  fell  an  easy  prey 
to  the  enterprising  chieftain. 
While  Bolivar  was  employed  in  re- 
establishing the  republican  author- 


ities in  the  capital,  he  detatched 
Izardot  in  pursuit  of  the  Spaniards, 
and  Briceno  for  the  occupation  of 
Varinas.  Izardot  succeeded  in 
his  object,  and  wholly  freed  the 
provinces  of  Merida  and  Trujillo 
from  the  royalists,  but  Briceno  was 
defeated, and  falling  into  the  hands 
of  the  Spaniards,  was  shot  m  cold 
blood  with  seventeen  of  his  compan 
ions,  by  the  Spanish  commandant 
Fiscar. 

Exasperated  at  this  inhuman 
butchery,  Bolivar  resolved  upon  re- 
taliation, and  issued  the  noted  de- 
cree o^guerra  a  mutrU^  condemn- 
ing to  death  all  the  Spanish  pris- 
oners falling  into  his  power.  This 
decree  had  the  effect  of  intimidat- 
ing the  royalists,  and  induced  them 
in  the  subsequent  passages  of  the 
war  to  pay  more  respect  to  the 
laws  of  nations.  Bolivar  now  di- 
vided his  array  into  two  di\^isions, 
and  advanced  upon  Carraccas 
through  the  provinces  of  Trujillo 
and  Varinas.  After  a  series  of 
fortunate  encounters,  Bolivar  fin- 
ally defeate  d  Monteverde  in  the  de- 
cisive action  of  Lastoguanes,  atid 
compelled  him  to  shut  himself  up 
in  Puerto  Cabello.  Bolivar  then 
proceeded  to  Carraccas,  which  he 
entered  in  triumph,  August  4th, 
1813,  and  as  the  commander  of 
the  liberating  army  assumed  the 
whole  authority  of  the  government 
of  Venezuela.  This  authority 
was  confirmed  by  a  convention  of 
the  principal  civil  and  military 
officers  assembled  at  Carraccas, 
Jan.  2d,  1814,  and  with  these  dic- 
tatorial powers  the  war  was  contin- 
ued by  him  with  various  vicissi- 
tudes, until  his  total  defeat  by 
Boves  in  the  plains  of  La  Puerta. 
With  the  remnants  of  his  army, 
Bolivar  embarked  for  Cumana,  and 
the  Spaniards  assumed  the  undis- 
puted possession  of  Venezuela  be- 
fore  the   end   of  the   year  1814. 


'286] 


ANNUAL  REGISTER,  1830—31. 


Once  more  a  fugitive,  Bolivar  pro- 
ceeded to  Tunja,  where  he  found 
the  congress  of  New  Grenada  pre- 
paring an  expedition  against  the 
city  of  Bogota,  with  the  view  of 
compelling  the  province  of  Cun- 
dinamarca  to  accede  to  the  union 
of  the  provinces  of  New  Grenada. 
Bolivar  was  intrusted  with  the 
command  of  the  forces  of  the  union 
on  this  occasion,  and  at  the  head 
of 2000  troops,  he  marched  against 
Santa  Fe  oarly  in  December,  1814. 
After  a  short  conflict  the  malcon- 
tents were  compelled  to  submit, 
and  the  government  of  the  union 
was  transferred  to  Bogota.  Boli- 
var now  was  employed  to  reduce 
Santa  Marta,  but  his  plan  were  all 
defeated  by  the  jealousy  and  ill 
conduct  of  Castillo,  the  command- 
ant of  Carthagena  upon  whom  he 
was  dependent  for  supplies.  Do- 
mestic dissensions  now  ensued, 
and  the  superior  forces  of  Morillo 
soon  compelled  Bolivar  to  embark 
for  Jamaica,  and  to  leave  his  coun- 
try to  the  mercy  of  the  victorious 
Spaniards,  who,  during  his  ab- 
sence, reduced  Carthagena,  and 
overran  the  province  of  New  Gren- 
ada. Bolivar  remained  at  Jamai- 
ca from  May,1815,  untilthe  begin- 
ning of  the  next  year,  when  he  re- 
paired to  Aux  Cayes,  where  by 
the  aid  of  several  private  individu- 
als, he  organized  an  expedition, 
and  with  ten  black  battalions  fur- 
nished by  Petion,  he  set  sail  in 
conjunction  with  commodore  Brion 
to  join  the  independents,  who  had 
renewed  the  war  under  Arismendi 
in  the  isle  of  Margarita. 

From  Margarita  he  embarked 
for  Cumana,  where  he  landed  ;  but 
in  the  course  of  the  su-mmer  of 
1816,  was  defeated  by  Morales, 
and  compelled  to  re-embark.  He 
was  again  reinforced  at  Aux  Cayes, 
and  in  December  of  the  same  year, 
landed  once  more  in  Margarita, 
Having  there  issued  a  proclama- 


tion convoking  the  general  Con- 
gress of  Venezuela,  he  passed  over 
to  Barcelona  ;  organized  a  provi- 
sional government,  and  prepared 
to  repel  Morillo,  who  was  advanc- 
ing upon  this  indomitable  antago- 
nist. An  action  which  lasted  three 
days  was  fought  between  them,  in 
the  month  of  February,  1817,  and 
Morillo  was  compelled  to  retreat. 
Bolivar,  now  recognized  as  supreme 
chieftain,  followed  up  his  victory, 
and  soon  established  himself  at 
Angostura.  In  the  sanguinary 
war  that  followed,  Bolivar  was  the 
most  distinguished  among  the 
brave.  He  now  began  to  develope 
his  character  as  a  civilian,  and  at 
the  opening  of  the  Congress  at 
Angostura  (February  15th,  1819,) 
where  he  presided,  he  made  an 
elaborate  exposition  of  his  views  of 
government.  He  then  surrender- 
ed his  authority  into  the  hands  of 
the  Congress,  but  was  requested 
to  resume  it  a-nd  to  retain  it  until 
the  independence  of  the  country 
was  achieved.  He  now  effected  a 
junction  with  General  Santander, 
who  commanded  the  forces  of  New 
Grenada,  and  on  the  7th  of  Au- 
gust, 1819,  gave  a  decisive  defeat 
to  the  Spanish  army  at  Bojaca,  by 
which  he  gained  immediate  pos- 
session of  Santa  Fe  and  all  New 
Grenada.  This  success  ensured 
him  the  unlimited  confidence  of 
the  republic,  and  he  was  appoint- 
ed President  and  Captain  General, 
and  immediately  began  to  strength- 
en his  army  for  the  purpose  of  ex- 
pelling the  royalists  from  Vene- 
zuela. His  return  into  that  pro- 
vince was  hailed  with  the  greatest 
enthusiasm,  and  he  embraced  this 
favorable  moment  to  obtain  the 
fundamental  law  of  the  union  of 
Dec.  17th,  1819,  between  Vene- 
zuela  and  New  Grenada,  under 
the  title  of  Colombia,  with  Bolivar 
for  President. 
The  next  year  an  armistice  of  six 


OBITUARY. 


[2»r 


months  was  concluded  with  Moril- 
lo,  who  returned  to  Spain  before 
its  termination.  La  Torre,  his 
successor,  was  defeated  shortly 
after  the  renewal  of  hostilities  at 
the  fatal  battle  of  Carabobo,  and 
an  end  pui  to  the  war  in  Venezue- 
la, although  a  Spanish  garrison 
maintained  possession  of  Puerto 
Cabello  nearly  two  years  after- 
wards. The  constitution  of  Co- 
lombia was  then  completed,-  and 
went  into  operation  August  30th, 
1821,  Bolivar  being  chosen  Presi- 
dent, and  Santander  Vice-Presi- 
dent. 

The  independence  of  his  own 
country   being    thus    established, 
Bolivar,  persuaded  of  the  necessity 
of  depriving  the  Spaniards  of  all 
foothold    upon  the  continent,  in- 
vaded Quito  at  the  head  of  the 
army    destined    to    liberate   that 
country.     The  fate  of  this  repub- 
lic was  decided   by  the   battle  of 
Pichincha  in  June,  1822,  and  Bo- 
livar then  resolved  to  march  upon 
Lima  to  aid  the  Peruvians.     The 
royalists  retreated  before  him,  and 
upon  his  entrance  into  Lima  he 
was  invested  with  dictatorial  pow- 
ers.    This  roused  the  jealousies  of 
some  of  the  patriot  Peruvians,  and 
the  dissensions  which  followed  in- 
duced Bolivar  to    withdraw    from 
Lima,  which  again  fell   into   the 
hands  of  the  royalists.     After  re- 
cruiting his  forces  Bolivar  renewed 
his   attempt  to  liberate  Peru,  and 
on  the  6th  of  August,  1824,  com- 
pletely defeated  the  Spaniards   at 
Junin.     Bolivar  then   repaired  to 
Lima  to  organize  the  government, 
and  Sucre  pursued  the   Spaniards 
into  Upper  Peru,  where,  on   the 
9th  of  December,  1824,  he  achiev- 
ed the    independence   of  Spanish 
America  by  the  splendid  victory  of 
Ay acucho.  This  ended  the  war,  the 
royalists  being  afterwards  confined 
to  Callao,  which  was  immediately 
besieged,   and   which    capitulated 


before  the   end  of  the  next  year. 
Bolivar  now  seemed  to  entertain 
new  ideas   of  personal    ambition, 
and  in  June,  1825,  he  visited  Upper 
Peru,  which  was  formed  into  a  se- 
parate republic,   under  the  title  of 
Bolivia.       The    Congress,    which 
assembled    the  following    August^ 
declared  Bolivar  to  be   perpetual 
protector  of  the  republic,  and  re- 
quested him  to  form  a  constitution 
for  it.     By  this  constitution,  which 
was  regarded    by  Bolivar   as  con- 
taining the  outlines  of  his  political 
faith,   the  powers  of  government 
were  distributed  into  the  electoral, 
legislative,  executive,  and  judicial. 
The  electoral  i)ody  was  composed 
of  persons  chosen   for  a  period  of 
four  years,  by  the  citizens  at  large, 
one  elector  representing   100  citi- 
zens.    The  legislative  power  was 
vested  in  3  chambers  ;  the  first  of 
tribunes,  chosen  for  4  years,  and 
one  half  removable  every  second 
year;  the  2d  chamber  of  senators 
chosen  for  8  years,   and  one  half 
removable   every   4th   year.      To 
these  two  bodies  were    intrusted 
the  ordinary   duties  of  legislation. 
The  3d  chamber  consisted  of  cen- 
sors, chosen  for  life,   whose  busi- 
ness it  was  to  watch  over  the  gov- 
ernment, to  regulate  the  press  and 
education,    to  reward  public  ser- 
vants, to  accuse  the  executive,  and 
denounce  the  enemies  of  the  state. 
The  judicial  power  was  well  cal- 
culated to  secure  the  due  adminis- 
tration of  justice  between  individ- 
uals, and  the  personal  rights  were 
carefully  protected  by  suitable  pro- 
visions.    The  executive  power  was 
vested   in    a  president   for  life,  a 
vice-president   and    4    secretaries. 
The    president  who  was  without 
responsibiHty,   was  intrusted   with 
the  full  command  of  the  military 
and    naval    forces,   exercised  the 
whole   patronage   of  the    govern- 
ment, nominating  all  military  and 
civil    officers,    foreign    ministers, 


288] 


ANNUAL  REGISTER,  1830— 3L 


and  the  vice-president,  who  was  to 
be  his  successor.  By  this  form  of 
government  the  executive  was  in- 
trusted with  a  preponderating 
power  that  placed  all  the  other 
branches  of  the  government  at  his 
mercy.  It  was,  however,  adopted 
by  tlie  constituent  Congress  of 
Bolivar  in  May,  1826,  and  was  di- 
rected to  be  carried  into  effect  the 
9th  of  December  following — the  an- 
niversary of  the  battle  of  Ayacucho. 

The  friends  of  freedom  were 
much  alarmed  at  the  arbitary  cha- 
racter of  the  government  thus  pre- 
pared by  Bolivar,  and  they  began 
to  entertain  apprehensions  as  to 
his  ulterior  designs.  The  conduct 
of  Bolivar  himself  did  not  tend  to 
alleviate  these  apprehensions.  In- 
stead of  retiring  frpm  Peru  after  the 
Spanish  forces  were  expelled  from 
the  country,  he  continued  there  in 
the  exercise  of  the  supreme  autho- 
rity. 

The  deputies  appointed  to  the 
constituent  Congress  were  induced 
to  decline  acting  in  their  legisla- 
tive capacity,  and  a  majority  of 
them  united  in  a  request  to  Bolivar 
to  continue  at  the  head  of  the  gov- 
ernment another  year,  and  in  the 
mean  time  to  consult  the  provinces 
as  to  the  form  of  their  government 
and  the  executive  chief  The  elec- 
toral colleges  were  accordingly  as- 
sembled, and  a  form  of  govern- 
ment, similar  to  the  Bolivar  con- 
stitution was  proposed  by  circulars, 
to  the  several  prefects  for  the  adop- 
tion of  Peru.  This  constitution 
was  adopted,  and  Bolivar  nominat- 
ed president,  with  a  most  suspi- 
cious unanimity.  The  progress  of 
events  in  Colombia,  however,  pre- 
vented him  from  more  fully  de- 
veloping his  views  in  Peru,  and  he 
was  compelled  to  return  to  his 
own  country  in  order  to  reconcile 
the  contending  factions  which  had 
arisen  durinor  his  absence.  Gene- 
ral Paez,   a  devoted   follower  and 


friend  of  the  liberator,  who  com- 
manded in  Venezuela,  had  refused 
obedience  to  the  senate  o  Colom- 
bia, and  his  rebellion  had  encour- 
aged other  malcontents  to  oppose 
the  central  government.  The 
northern  departments  were  thus 
separated  from  the  rest  of  the  re- 
public, and  a  civil  war  seemed  in- 
evitable. Both  parties,  however, 
professed  themselves  ready  to  sub- 
mit to  the  decision  of  Bolivar,  and 
his  return  to  Colombia  was  ardent- 
ly desired.  The  movements  of 
the  disaffected  were  not  confined 
to  efforts  to  change  the  form  of 
government  from  central  to  federal, 
but  meetings  were  held  in  the 
southern  departments,  in  which 
they  voted  to  adopt  the  Bolivian 
code,  and  to  make  Bolivar  dicta- 
tor. The  -  central  departments 
were  alone  faithful  to  the  constitu- 
tion, but  all  parties  called  for  the 
return  of  Bolivar.  Paez  sent  Don 
Guzman  to  Lima,  urging  Bolivar 
to  establish  a  monarchy,  and  pro- 
mising his  aid  in  making  him  a 
king,  as  the  only  mode  of  averting 
anarchy.  Bolivar  declined  the 
proposal,  but  determined  upon  re- 
turning at  once  to  Colombia,  with 
the  view  of  putting  an  end  to  the 
dissensions,  which  distracted  that 
repuldic.  Accordingly  ho  left 
Peru,  committing  the  government 
to  a  council  appointed  by,  and  re- 
sponsible to  hmiself,  with  General 
Santa  Cruz  at  its  head,  and  on  the 
14th  of  November,  1826,  he  arriv- 
ed at  Bogota.  He  there  assumed 
the  extraordinary  powers  vested  in 
cases  of  emergency  in  the  presi- 
dent, and  passed  on  to  Venezuela, 
to  stop  the  effusion  of  blood.  The 
strongest  proofs  of  his  personal  in- 
fluence were  evinced  on  this  oc- 
casion. All  parties  submitted  upon 
his  approach.  Paez  met  him  in 
the  most  friendly  manner,  and 
upon  reaching  Puerto  Cabello  he 
issued  a   decree  of  amnesty  (Jan- 


OBITUARY. 


[289 


uary  1st,  1827,)  and  promised  to 
call  a  convention  to  amend  the 
constitution.  Shortly  after,  Bolivar 
addressed  a  letter  to  the  senate, 
resigning  the  presidency  of  the  re- 
public, and  expressing  his  wish  to 
retire  to  his  patrimonial  estate,  in 
order  to  repel  the  imputations  cast 
upon  his  motives.  Distrust  and 
suspicion  had  now  filled  the  minds 
of  many  of  the  patriots  of  Colombia, 
and  they  advocated  the  acceptance 
of  his  resignation.  Santander  and 
others  thinking  that  the  present 
troubles,  if  not  occasioned  by  Bo- 
livar, could  alone  be  appeased  by 
him,  opposed  this,  and,  joined  to 
the  personal  friends  of  the  Libera- 
tor, they  formed  a  majority  of  the 
senate.  His  resignation  conse- 
quently was  not  accepted,  and  his 
presence  was  required  at  the  capi- 
tal, to  take  the  oaths  prescribed  by 
the  constitution.  A  decree  was 
then  passed  re-establishing  consti- 
tutional order  throughout  Colom- 
bia, and  ordering  a  national  con- 
vention to  assemble  at  Ocana, 
March, 1828.  Before,  however,  this 
took  place,  new  commotions  oc- 
curred in  Peru.  The  Bolivar  con- 
stitution had  been  adopted  in  that 
republic,  with  Bolivar  as  President 
for  life,  and  was  promulgated  and 
sworn  to  on  the  9th  of  December, 
1826,  the  time  that  it  went  into 
operation  in  Bolivia.  At  that  time 
the  Colombian  army,  which  was 
left  in  Peru,  was  cantoned  in  three 
divisions,  one  in  Upper  Peru,  one 
in  Arequipa,  and  the  3d  at  Lima. 
This  last  division,  consisting  of  the 
veterans  of  Bolivar's  army,  and 
commanded  by  his  personal  friends. 
Generals  Lara  and  Sands,  had  be- 
gan to  distrust  his  designs,  and  as 
soon  as  they  suspected  he  sought 
to  introduce  the  Bolivian  constitu- 
tion into  Colombia,  they  resolved 
to  oppose  his  projects.  The  con- 
sequence was,  that  within  six 
weeks  after  the  constitution  was 
25 


promulgated  ( Jaiifiary  26th,  1827,) 
they  arrested  thoir  general  officers, 
placed  Bustamente,  one  of  iheir 
colonels,  at  their  head,  and  an- 
nounced to  the  citizens  of  Lima, 
that  their  sole  object  was  to  relieve 
the  Peruvians  from  oppression,  and 
then  to  return  to  Colombia.  The 
Peruvians  immediately  abolished 
the  Bolivian  constitution,  organiz- 
ed a  provisional  government,  and 
took  measures  to  transport  the  3d 
division  to  Guayaquil,  in  the  south- 
ern department  of  Colombia.  Upon 
landing,  they  announced  to  their 
countrymen  their  object  to  be  the 
restoration  of  constitutional  order. 
Bolivar  now  found  his  authority 
seriously  in  danger,  and  he  took 
immediate  steps  to  reduce  the  re- 
fractory troops  to  submission.  Be- 
fore, however,  any  collision  had 
taken  place,  the  3d  division  had 
submitted  to  the  command  of  <iene- 
ral  Ovando,  who  was  sent  by  the 
constitutional  authority  of  Colom- 
bia to  take  command  of  them. 
Bolivar,  in  the  mean  time,  having 
taken  the  requisite  oaths,  had  re- 
sumed his  station  as  constitutional 
president,  and  the  3d  division  ex- 
pressed the  deepest  regret  for  hav- 
ing entertained  any  distrust  of  his 
motives  or  character.  It  was  not 
so  easy  a  task  to  regain  the  same 
ascendancy  over  the  citizens  as 
over  the  army.  A  large  portion  of 
the  patriots  of  Colombia,  with  San- 
tander at  their  head,  continued  to 
regard  the  movements  of  Bolivar 
with  suspicion.  Parties  began  dis- 
tinctly to  arrange  themselves  for 
and  against  the  Liberator,  and  the 
most  strenuous  effjrts  were  made 
to  obtain  a  majority  at  his  approach- 
ing convention  r  t  Ocana.  In  the 
elections  the  i  f/publican  party  ge- 
nerally succeeJ/.'d,  and  Bolivar  saw, 
with  feelings  o.(  no  ordinary  nature, 
the  triumph  ft  the  polls  of  those 
who  did  not  hesitate  to  proclaim 
their  suspicions  as  to  his  designs. 


m] 


ANNUAL  REGISTER,  J630~:31. 


His  countrymen  had  refused  longer 
to  acquiesce  in  his  views,  and  the 
military  had  now  become  his  chief 
dependence.  Symptoms  of  dis- 
content also  began  to  appear  in 
Bolivia  itself,  and  an  insurrection 
broke  out  in  the  spring  of  1828, 
which  resulted  in  the  overthrow  of 
the  Bolivian  constitution. 

By  the  aid  of  the  Peruvian  go- 
vernment, General  Sucre  (who  had 
been  left  by  Bolivar  in  Upper  Peru, 
and  was  chosen  president  for  life,) 
was  deposed  and  taken  prisoner. 
Extraordinary  efforts  and  decisive 
measures  had  now  become  neces- 
sary. Whether  Bolivar  really  in- 
tended to  make  himself  absolute, 
or  thought  an  energetic  govern- 
ment indispensable  to  the  preser- 
vation of  social  order  in  the  dis- 
tracted condition  of  Spanish  Ame- 
rica ;  in  either  case,  it  was  essen- 
tial to  act  with  decision  for  the 
preservation  of  his  personal  influ- 
ence and  all  the  advantages  which 
the  exercise  of  that  influence  had 
hitherto  imparted  to  his  country. 
The  distractions  in  Peru  and  Co- 
lombia threatened  general  confu- 
sion, and  it  is  difficult  to  decide 
how  much  of  this  confusion  was 
owing  to  Bolivar  himself.  The 
conduct  of  his  partizans,  in  rela- 
tion to  the  congress  at  Ocafia  was 
not  calculated  to  reassure  the  pub- 
lic mind.  He  himself,  previous 
to  its  meeting,  under  the  pretence 
ofintesiino  commotions,  assumed 
extraordiowry  powers,  and  when 
the  convention  met  it  found  itself 
surrounded  with  troops, — the  head- 
quarters of  Bolivar  being  fixed  at 
Bucaramanga,  not  far  distant  from 
Ocafia.  In  the  address  of  Bolivar 
to  the  Convention,  the  distress  and 
confusion  prevailing  in  Colombia 
were  strongly  depicted,  and  an 
earnest  appeal  was  made  to  that 
body,  in  amending  the  constitution, 
to  give  more  strtngth  to  the  execu- 
tive. 


On  this  point  a  contest  commenc- 
ed in  the  convention  between  the 
friends  of  Bolivar  and  those  who 
doubted  as  to  the  nature  of  his  ul- 
terior views.  After  some  mancEU- 
vering  in  the  convention,  in  which 
the  opponents  of  Bolivar  obtained 
the  advantage,  his  friends  deter- 
mined on  seceding,  and  leaving  the 
convention  without  a  quorum. 
This  was  done  on  the  2d  of  June, 
and  on  the  llth,  the  convention 
was  dissolved,  from  an  inability  to 
form  a  quorum.  This  assemblage 
having  thus  proved  abortive,  mea- 
sures were  taken  by  the  partizans 
of  Bolivar  to  procure  his  nomina- 
tion to  the  office  of  Supreme  Chief 
in  the  primary  assemblies.  This 
was  done  at  the  capital,  and  the 
nomination  being  accepted  by  him, 
the  example  of  Bogata  was  follow- 
ed by  the  other  departments,  and 
Colombia  again  passed  under  the 
absolute  authority  of  Bolivar.  This 
power,  however,  he  declared  he  in- 
tended to  retain  only  for  the  mo- 
ment, and  promised  to  convene  the 
national  congress  within  a  year. 
In  the  mean  time  he  declared  war 
against  Peru  for  invading  Bolivia, 
and  for  unfriendly  acts  towards 
Colombia.  Sucre  was  intrusted 
with  the  conduct  of  this  war,  which 
resulted  in  the  re-establishment  in 
power  of  Bolivar's  partizans.  The 
victory,  however,  was  used  with 
great  moderation,  and  the  rights 
of  Peru,  though  vanquished,  were 
respected  by  the  Colombian  com- 
manders. Bolivnr  in  the  mean 
time  was  consolidating  his  autho- 
rity at  home,  and  on  the  27th  of 
August,  he  promulgated  a  provisi- 
onal constitution,  in  which  he  de- 
fined the  powers  of  the  executive. 
In  this  branch  of  the  government 
he  vested  all  the  powers  of  the 
state,  and  in  accordance  with  .this 
idea  of  executive  power  he  increas- 
ed the  standing  army,  and  lent  the 
influence  of  his  station  to  oppress 


OBITUARY. 


[291 


his  political  opponents.  These 
acts  led  to  a  conspiracy  against  his 
life;  and  on  the  25th  of  September, 
182S,  an  attack  was  made  upon  his 
palace  at  Bogata,  by  a  brigade  of 
artillery,  part  of  the  garrison  of  the 
capital  who  had  been  seduced  by 
the  conspirators. 

The  attack  was  so  sudden  that 
Colonels  Bolivar  and  Ferguson, aids 
of  the  president,  were  shot  in  their 
beds,  and  Bolivar  himself  barely 
escaped,  by  leaping  out  of  a  back 
window,  and  hiding  himself  under 
a  bridge,  until  he  was  relieved  by 
that  part  of  the  garrison  which  re- 
mained faithful,  and  which,  taking 
the  alarm  sallied  from  their  bar- 
racks, and  occupied  the  principal 
squares  of  the  city.  The  rebellion 
being  suppressed,  measures  were 
taken  to  punish  the  conspirators — 
several  were  shot,  and  General 
Padilla,  Col.  Guerra,  with  some 
others,  were  hung. 

Santander,  too,  was  accused  of 
having  been  at  the  head  of  the  con- 
spiracy, and  being  brought  to  trial 
was  condemned,  not  for  having  in- 
stigated the  conspiracy,  but  for 
having  approved  of  it,  and  wishing 
it  to  succeed  after  he  should  have 
departed  from  the  country.  He 
was  consequently  banished  from 
Colombia,  and  Bolivar  now  came 
into  full  possession  of  the  civil  and 
military  power  of  the  country,  with- 
out a  rival. 

In  this  station  he  continued  un- 
til May  4th,  1830,  when,  dissatis- 
fied with  the  internal  aspect  of 
Colombia,  and  impatient  at  the 
steady  opposition  of  his  political 
enemies,  he  renounced  the  presi- 
dency for  the  eighth  and  last  time, 
and  refused  any  longer  to  hold  the 
office.  This  renunciation  was 
destined  again  to  kindle  the  fire  of 
discord.  The  province  of  Vene- 
zuela, with  Paez  at  her  head,  de- 
clared herself  independent  of  the 
central  government ;  and  other  pro- 


vinces evinced  a  similar  spirit  of 
discontent.  Troops  were  despatch- 
ed for  the  purpose  of  preventing 
the  progress  of  insubordination, 
but  it  was  speedily  ascertained  that 
the  military  were  not  to  be  de- 
pended upon  in  this  emergency. 
Bolivar  retired  to  his  country-seat, 
and  declined  interfering  between 
the  contending  parties ;  one  of 
whom,  aided  by  the  resident  min- 
isters of  England,  was  striving  to 
obtain  his  recall  to  the  supreme 
command.  It  was  soon  discovered 
that  his  successors  were  still  less 
able  to  preserve  tranquillity  than 
himself,  and  every  effort  was  made 
to  prevent  Bolivar  from  executing 
his  intention  of  departing  for 
Europe.  Movements  were  made 
in  Venezuela  and  at  Bogata,  in  his 
favor ;  and  the  military  intimated 
their  determination  to  be  satisfied 
with  nothing  short  of  his  restora- 
tion to  power.  This  they  declared 
to  be  the  wish  of  the  people,  as 
well  as  of  the  army ;  and  after  an 
interval  of  six  months,  during 
which  the  government  was  com- 
pletely disorganized,  Bolivar  was 
earnestly  urged  to  return  and  take 
charge  of  the  government,  by  those 
to  whim  he  had  left  its  administra- 
tion. In  expectation  of  this  event, 
Bolivar  had  delayed  his  departure 
for  Europe;  and  upon  receiving 
this  call  from  the  principal  inhabit- 
ants of  Bogata,  accompanied  with 
the  request  of  the  chief  civil  and 
military  officers,  he  again  consent- 
ed to  resume  the  chief  command, 
declaring,  however,  that  he  would 
hold  it  only  until  the  new  elections 
could  take  place,  when  he  should 
retire  for  ever  to  private  life.  This 
intention  he  was  not  permitted  t« 
carry  into  effect.  Enfeebled  by  his 
constant  exertion  of  body  and  mind, 
his  constitution  sunk  under  the  in- 
fluence of  the  climate,  and  on  the 
17th  of  December,  1830,  he  ex- 
pired  at  Carthagena,  waiting  the 


292] 


ANNUAL  REGISTER,  1830—31. 


approach  of  death  in  a  calm  and 
collected  manner,  and  expressing 
in  his  last  hours  his  ardent  wishes 
for  tlic  welfare  of  his  country. 

As  a  general,  Bolivar  was  dis- 
tinguished, accomplishing  great 
ends  with  inadequate  means,  and 
confounding  his  opponents  by  the 
rapidity  of  his  movements  and  the 
vehemence  of  his  attacks.  Re- 
peatedly defeated,  his  forces  scat- 
tered, he  himself  escaping  in  a 
remarkable  manner  ;  when  others 
despaired  he  continued  to  act, 
and  with  energies,  irrepressible 
by  adversity,  he  fought  on  in  the 
great  cause  he  had  espoused,  until 
he  had  expelled  the  Spanish  armies 
from  the  American  continent,  and 
liberated  the  new  world  from  the 
dominion  of  Spain. 

As  a  statesman,  he  was  not  so 
eminent.  His  views  were  liberal, 
but  they  were  often  too  enlarged 
for  the  spbere  in  which  he  moved. 
The  celebrated  congress  of  Pana- 
ma, which  Originated  in  his  mind, 
\va>  well  calculated  to  perpetuate 
his  name  in  future  ages.  It  aimed 
to  s;.Lstitute  the  sway  of  reason  and 
law  to  that  of  force  among  nations, 
to  reform  the  code  of  national  law 
as  established  in  rude  and  barbar- 
ous ages,  by  introducing  the  max- 
ims of  a  more  enlightened  period, 
and  to  protect  the  independence  of 
the  new  republics  by  a  combina- 
tion of  their  forces.  He  did  not, 
however,  duly  estimate  the  incon- 
gruous and  discordant  materials 
which  were  to  be  assembled  in  that 
body,  or  the  difficulties  to  be  over- 
come before  the  governments  and 
communities  there  represented 
could  be  brought  to  lay  aside  their 
mutual  jealousies,  and  to  come  to 
a  cordial  agreement  on  disputed 
principles  of  public  law.  The  do- 
mestic dissensions  which  commenc- 
ed in  the  republics,  under  his  sway, 
shortly  after  this  congress  was  pro- 
posed, prevented   him  from  prose- 


cuting the  design,  and  he  did  not 
thus  fully  realize  the  difficulties  of 
the  task  he  had  undertaken.  The 
congress  was  never  formed,  and 
cares  nearer  home  prevented  the 
project  from  being  resumed.  So, 
too,  in  his  views,  respecting  the 
constitution  of  his  own  country, — 
seeing  it  distracted  by  domestic 
dissensions,  he  deemed  it  neces- 
sary to  repress  them  by  a  strong 
executive  ;  and  he  did  not  properly 
rate  the  danger  of  subjecting  the 
other  branches  of  the  government 
to  the  will  of  an  individual.  The 
government  thus  became  arbitrary, 
and  freedom  was  destroyed  in  the 
attempt  to  repress  anarchy.  In 
his  desire  to  render  Spanish  Ame- 
rica independent  of  Spain,  he  ran 
too  near  consolidating  the  repub- 
lics of  Colombia,  Peru,  and  Boli- 
via, under  one  head,  and  subject- 
ing himself  to  the  charge  of  being 
governed  in  his  career  by  an  im- 
moderate personal  ambition.  He 
was,  however,  the  true  friend  of 
the  independence  of  his  country, 
^d  her  liberator  from  foreign  do- 
mination. With  a  noble  disregard 
of  money,  he  expended  a  large  for- 
tune in  the  public  service  ;  and  if 
his  ambitious  designs  have  caused 
many  to  accuse  him  of  being  the 
Csesar  of  his  country,  we  may  with 
perhaps  better  reason  conclude 
that  he  was  only  prevented  from 
imitating  our  own  Washington,  be- 
cause his  countrymen  could  not  be 
so  solely  trusted  with  the  govern- 
ment of  themselves,  as  the  coun- 
trymen of  Washington. 

His  disapprobation  of  slavery 
was  evinced  in  the  emancipation 
of  nearly  1000  slaves,  belonging  to 
his  patrimonial  estate;  and  his  re- 
fusal of  a  crown  when  tendered  by 
General  Paez,  demonstrated  that 
in  his  aspirations  after  power,  he 
did  not  seek  to  gratify  his  ambition 
through  a  monarchical  form  of  gov- 
ernment. 


OBITUARY. 


[293 


The  Countess  de  Genus. 
1830.  Dec.  31.  At  Paris,  aged 
84,  the  Countess  de  Genlis.  The 
paternal  name  of  this  extraordinary 
woman  was  St.  Aubin,  and  she 
was  born  near  Autim.  She  inher- 
ited no  fortune,  but  being  of  noble 
family,  was  received  at  the  age 
of  four  years  as  Canoness  of  tiic 
noble  Chapter  of  Aix;  and  after 
tiiat  time,  was  called  La  Comtesse 
de  Lancy.  As  she  grew  up  she 
was  distinguished  for  her  general 
talents  and  accomplishments,  and 
a  handsome  person.  These  quali- 
fications soon  obtained  her  admis- 
sion into  the  best  society.  Chance 
appeared  to  decide  her  lot  in  mar- 
riage. A  letter  which  she  had 
written  to  one  of  her  acquaintances, 
fell  into  the  hands  of  the  Count  de 
Genlis,  who  was  so  charmed  with 
the  style,  that  he  aspired  to  ac- 
quaintance with,  and  afterward^ 
became  the  husband  of,  the  fair 
writer,  when  she  was  only  in  the 
seventeenth  year  of  her  age.  By 
means  of  this  union,  Madame  de 
Genlis  had  access  to  the  family  of 
the  Duke  of  Orleans,  whose  son, 
then  Duke  de  Chartres,  had  a  ris- 
ing family,  which  he  determined 
to  place  under  her  care  for  their 
instruction  :  this  scheme  was  put 
in  practice  in  1782. 

It  was  during  her  engagement 
r.s  preceptress  in  this  family,  that 
Madame  de  Genlis  began  her 
career  as  a  writer,  by  works  of 
education,  which  v^'cre  soon  found 
in  the  hands  of  all  fashionable 
mothers  of  families.  '  The  Thea- 
tre of  Education,'  *  Adela  and 
Theodore,'  '  The  tales  of  the  Cas- 
tle,' and  the  *  Annals  of  Virtue,' 
were  among  the  most  popular  and 
most  excellent  works  ever  produc- 
ed, of  their  kind.  But  Madame 
de  Genlis*  ambition  was  not  to 
be  satisfied  by  the  production  of 
works  on  education  merely ;  and 
the  Parisians  were  astonished  to 
25* 


see  a  religious  Vvork  proceed  from 
the  Palais  Royal,  the  object  of 
which  was  to  prove  that  religion 
is  the  basis  of  all  happiness  and 
all  philosophy.  This  work  was, 
however,  properly  speaking,  only 
edited  by  the  accomplished  Count- 
ess, and  the  Abbes  Lamourette 
and  Gouchat  contributed  largely 
to  the  materials. 

When  the  Austrians  reconquer- 
ed Flanders,  Madame  de  Genlis 
withdrew  with  her  pupil  to  Swit- 
zerland, and  wished  to  settle  at 
Lug,  where  they  were  joined  by 
the  Duke  de  Chartres,  who  always 
retained  an  affection,  amounting 
to  veneration,  for^  his  governess ; 
but  the  magisttaies  of  the  town 
would  not  permit  their  stay  ;  and 
General  Montesquieu,  who  had 
emigrated  to  Bremgarten,  provided 
for  these  exiled  and  wandering 
femailes  an  asylum  in  the  convent 
of  St.  Clair.  The  Princess  of 
Orleans  shortly  after  quitted  Ma- 
dame de  Genlis,  and  went  to  re- 
side under  the  care  of  her  aunt, 
the  Princess  of  Conti,  who  at  that 
period  resided  at  Friburgh. 

Madame  de  Genlis  herself  quit- 
ted the  Convent  of  St.  Clair  in  May, 
1794,  and  went  to  Altona,  whence 
she  removed  to  Hamburgh.  She 
next  retired  to  a  farm-house  at 
Silk,  in  Holstein,  where  she  wrote 
her  works  entitled  *  The  Knight 
of  the  Swap,'  *  Rash  Vows,'  '  The 
Rival  Mothers,'  and  '  The  Little 
Emigrants.'  She  also  published 
*  a  refutation'  of  the  calumnies 
which  had  been  heaped  upon  her 
for  her  conduct  during  the  revolu- 
tion. 

In  the  year  1800,  Madame  de 
Genlis  obtained  leave  to  return  to 
France,  and  Napoleon  gave  her 
apartments  in  the  Arsenal,  and  a 
pension.  Since  that  period  her 
pen  has  been  constantly  active; 
her  works  are  as  numerous  as  those 
of   Voltaire.      The    *  Theatre   of 


•294] 


ANNUAL  REGISTER,  1830—31. 


Education'  is  considered  much  the 
best  of  them  ;  all,  however,  are 
written  in  a  very  graceful  style, 
with  much  ingenuity,  and  display 
an  active  mind  and  an  elegant 
fancy. 

Ever  since  the  return  of  Louis 
Philippe  of  Orleans  (the  present 
King)  to  France,  after  the  restora- 
tion of  the  Bourbons,  great  kind- 
ness was  shown  to  this  accomplish- 
ed writer,  by  his  family,  up  to  the 
last  moment  of  her  life.  For  two 
days  previous  to  her  death  she 
had,  as  usual,  been  occupied  with 
her  literary  and  other  labors  until 
a  late  hour.  Up  to  twelve  at  night, 
she  was  dictating  to  her  attendant; 
after  which  she  commenced  ar- 
ranging a  letter  to  the  King. 
Scarcely  a  day  passed  in  which 
some  of  the  Toyal  family  did  not 
give  her  some  token  of  kind  re- 
membrance. To  a  letter  offering 
for  her  acceptance  splendid  apart- 
ments in  the  palace  of  the  Tuile- 
ries,  the  Countess  was  engaged  in 
writing  a  grateful  denial,  and  her 
reasons  for  it,  to  his  majesty,  until 
nearly  ihr'?^  o'clock  in  the  morn- 
ing of  hei  decease.  At  that  hour 
she  was  put  to  bed,  and  at  ten 
o'clock  she  was  found  a  corpse. 


F,EV.  Robert  Hall. 
1831,  Feb.  21.  At  Bristol,  aged 
68,  the  Rev.  Robert  Hall,  M.  A., 
Pastor  of  the  Baptist  Church, 
Broadmead,  in  that  city,  one  of 
the  most  eminent  ministers  of  the 
gospel  in  the  present  age.  He 
was  son  of  the  Rev.  Robert  Hall, 
a  minister  of  the  Baptist  persua- 
sion. For  his  education,  he  was 
first  placed  under  the  care  of  the 
Rev.  Dr.  Ryland,  at  Northampton, 
and  then  sent  to  the  Baptist  Acad- 
emy at  Bristol,  whence  he  proceed- 
ed, in  1781,  to  the  King's  college  at 
Aberdeen.  After  four  years  resi- 
lience there,  he  returned   to  the 


Academy  at  Bristol,  to  become  as- 
sistant to  Dr.  Caleb  Evans,  in  which 
situation  he  continued  until  1791, 
when  he  succeeded  the  Rev.  Rob- 
ert Robertson,  as  minister  at  Cam- 
bridge. While  there  resident,  he 
became  known  to,  and  admired  by, 
some  of  the  most  distinguished 
scholars  of  the  age.  It  is  said  that 
he  was  offered  ordination  by  Bishop 
Barrington.  From  Cambridge, 
about  1804,  he  removed  to  Leices- 
ter, where  he  was  pastor  of  the 
meeting  in  Harvey-lane,  until  in- 
vited to  succeed  Dr.  Ryland,  at 
Bristol,  in  1826. 

The  name  of  Mr,  Hall  stood 
prominent,  as  one  of  the  first  pul- 
pit orators  of  the  day.  From  bad 
health,  he  hardly  ever,  of  late  years 
at  least,  studied  any  of  the  orations 
that  he  delivered,  or  even  thought 
of  them  until  he  had  entered  the 
pulpit.  His  addresses  were  in 
consequence  unequal;  but  when  his 
health  was  firm,  his  spirits  good, 
and  his  theme  congenial,  no  man 
ever  rose  to  higher  and  happier 
flights  than  he  did  in  these  purely 
extemporaneous  compositions. 

The  remains  of  this  talented  and 
virtuous  man  were  interred  on  the 
2d  of  March,  in  the  burying-place 
adjoining  his  chapel,  in  Broad- 
mead,  Bristol. 

He  has  left  a  widow,  one  son, 
and  three  daughters. 


King  of  Sardinia. 

1831.  April  At  Genoa,  aged 
66,  Charles  Felix  Joseph,  King  of 
Sardinia. 

He  was  born  April  6th,  1765, 
the  fifth  of  the  six  sons  of  King 
Victor  Amedeus,  and  the  Arch- 
duchess Maria  AntonettaFrederica, 
daughter  of  the  Emperor  Joseph 
the  second.  Before  his  acces- 
sion to  the  throne,  he  bore  the 
title  of  Duke  of  Genoa.  On  the 
abdication   of   his  brother.  King 


OBITUARY. 


r295 


Victor-Emmanuel,  be  was  declared 
Sovereign  of  Sardinia,  March  the 
13th,  1821,  and  confirmed  on  the 
19th  of  the  same  month.  Two 
sisters  of  this  family  were  the  wives 
of  Louis  18th  and  Charles  10th  of' 
France.  King  Charles  married, 
April  6th,  1807,  Maria  Christina, 
daughter  of  Ferdinand  the  4th, 
King  of  the  Two  Sicilies,  but  had 
no  issue.  His  cousin,  Charles 
Amedeus,  Prince  of  Savoy  Carig- 
nan,  has  succeeded  to  the  throne. 


Mrs.  Siddons. 
1831.  June.  Aged  75,  Mrs. 
Sarah  Siddons,  the  celebrated  act- 
ress. 
This  highly  talented  lady  was  born 
at  Brecknock,  the  eldest  daughter 
of  Mr.  Robert  Kemble,  the  mana- 
ger of  an  itinerant  company  of 
comedians,  and  made  her  first  es- 
say as  a  singer,  but  soon  abandon- 
ed that  line,  and  attempted  tragedy. 
Early  in  life  she  conceived  a  pas- 
sion for  Mr.  Siddons,  in  which,  not 
being  indulged  by  her  parents,  she 
quitted  the  stage,  and  engaged 
herself  as  lady's  maid  in  the  fami- 
ly of  Mrs.  Greatheed,  of  Guy's 
Cliff,  near  Warwick,  where  she 
remained  about  a  year,  and  then 
resolved  to  unite  herself  with  the 
man  of  her  affections.  She  was  mar- 
ried to  Mr.  Siddons,  and  soon  after, 
joined  a  strolling  company  of  no 
great  reputation.  Both  she  and 
her  husband  had,  however,  the 
good  fortune  to  be  engaged  by  Mr. 
Younger,  to  perform  at  Liverpool, 
Birmingham,  &c. ;  with  him  she 
remained  a  few  years,  and  acquir- 
ed a  celebrity  which  procured  her 
an  engagement  at  Drury  Lane. 
Her  first  appearance  was  made 
Dec.  29,  1775,  and  the  impression 
made  upon  the  audience  by  this 
effort  was  of  the  most  negative 
description.  She  was  at  that  time 
.considered  merely  a  second    rate 


actress,  and  being  unftA-tunately 
placed  in  an  unsuccessful  after- 
piece, written  by  the  editor  of  a 
newspaper,  who  omitted  no  oppor- 
tunity of  injuring  her  reputation, 
she  quitted  the  London  boards  for 
a  time,  to  return  to  them  after- 
wards  with  increased  lustre. 

Mrs.  Siddons  made  her  second 
appearance  at  Drury  Lane,  on  the 
10th  October,  1782,  in  the  charac- 
ter  of  Isabella.  Her  fame  was 
soon  spread  abroad,  and  the  theatre 
overflowed  every  night ;  the  taste 
for  tragedy  returned  ;  and  the  man- 
ager, whose  '  Critic '  seemed  to 
have  been  expressly  to  drive  Mel- 
pomene from  the  stage,  far  from  be-^ 
ing  ungrateful,  generously  gave 
Mrs.  Siddons  an  extra  benefit,  and 
increased  her  salary. 

Mrs.  Siddons'  extra  benefit  was 
given  her  before  Christmas ;  she 
then  appeared  in  Belvidera,  and 
gained  fresh  laurels  and  an  enor- 
mous receipt.  The  two  counsellors, 
Pigot  and  Fielding,  were  so  highly 
delighted,  that  they  collected  a 
subscription  among  the  gentlemen 
of  the  bar,  of  one  hundred  guineas, 
and  presented  them  to  her,  accom- 
panied with  a  polite  letter,  as  a  to- 
ken of  their  esteem.  This  was 
an  honor  which  had  not  been  con- 
ferred on  any  actor  or  actress  since 
the  time  when  Booth  gave  such 
general  satisfaction  in  the  charac- 
ter of  Cato. 

The  ensuing  summer,  this  great 
and  amiable  actress  went  to  Dub- 
lin, the  inhabitants  of  which  were 
equally  astonished  at  her  powers. 

On  her  return  for  the  winter, 
(1783 — 4,)  she  performed  for  the 
first  time,  *  By  command  of  their 
Majesties.'  During  the  succeed- 
ing summer,  she  took  a  second  trip 
to  Ireland,  and  also  visited  Edin- 
burgh :  in  both  places  she  not  only 
received  great  salaries,  but  very 
considerable  presents. 

When  Mrs.  Siddons  visited  Dr. 


196] 


ANNUAL  REG!S1^R,  1830—31. 


Johnson,  he  paid  her  two  or  three 
very  elegant  compliments.  There 
were  not  chairs  enough  in  his  room 
to     accommodate     liis    company. 

*  You  see,  Madam/  said  tl»e  Doc- 
tor, '  wherever  you  come,  there  is 
a  dearth  of  seats.'  When  she  re- 
tired, he  vsaid  to  Dr.  Glover,  *  Sir, 
she  is  a  prodigiously  fine  woman.' 

*  Yes,'  replied  Dr.  Glover,  *  but 
don't  you  think  she  is  much  finer 
on  the  stage,  when  adorned  by 
art  1 '  *  Sir,'  said  Dr.  Johnson, 
'  on  the  stage,  art  does  not  adorn 
her  ;  nature  adorns  her  there,  and 
art  glorifies  her.' 

Sir  Joshua  Reynolds  never  mark- 
ed his  name  on  his  pictures,  except 
in  the  instance  of  Mrs.  Siddons' 
portrait  as  the  Tragic  Muse,  when 
he  wrote  his  name  upon  the  hem 
of  her  garment.  When  Mrs.  Sid- 
dons first  saw  the  picture  in  its  fin- 
ished state,  she  perceived  it  con- 
tained his  name  ;  upon  remarking 
it  to  Sir  Joshua,  who  was  present, 
he  very  politely  observed,  '  I  could 
not  lose  the  honor  this  opportunity 
offered  to  me,  for  my  name  going 
down  to  prosperity  on  the  hem  of 
your  garment.'  Mrs.  Siddons  was 
less  taciturn  in  private  society, 
than  is  generally  imagined  by  those 
who  had  infrequent  opportunities 
of  seeing  her.  She  sang  many 
simple  ballads  with  infinite  taste  ; 
and  when  in  a  very  limited  society, 
she  introduced  a  peculiarly  dry  hu- 
mor into  those  amusing  trifles. 
Joanna  Bailiie  says,  the  effect  she 
gave  to  the  comic  passages  of 
Shakspeare,  was  the  most  wonder- 
ful proof  of  her  genius. 


Field  Marshal  Diehttscii. 

1831.  June  10th.  At  his  head- 
auarlers,  Kleczewo,  near  Puhusk, 
of  cholera  morbus,  aged  46,  Field- 
marshal  Count  Diebitsch  Sabalkan- 
ski. 

This   celebrated    chieftain    was 


descended  from  an  ancient  Sile* 
sian  family,  and  was  born  May  13, 
1785.  In  his  earliest  years,  k  is 
said,  he  had  so  singularly  retentive 
a  memory,  that  when  he  had  at- 
tained his  fourth  year  he  was  ca- 
pable of  resolving  arithmetical 
questions  with  greater  readiness 
than  most  adults.  The  Count's  fa- 
ther was  an  officer  of  distinguished 
talent,  whom  Frederick  the  Great, 
a  short  time  before  his  death,  ap- 
pointed on  his  personal  staff  as  ex- 
tra adjutant;  he  afterwards  enter- 
ed the  Russian  service,  and  was 
intrusted  with  an  important  com- 
mand, in  consequence  of  which  his 
son  also  enlisted  under  Russian 
banners.  The  stratagetic  acquire- 
ments of  young  Diebitsch,  as  far  ns 
regards  theory,  were  perfected  in 
the  military  school  at  St.  Peters- 
burgh.  He  rose  rapidly  from  the 
guards,  to  an  appointment  in  the 
staff;  though  young  in  years  his 
talent  was  so  eminent  as  to  entitle 
him  to  the  grades  of  lieutenant-ge- 
neral and  quarter-master-general  in 
the  campaigns  of  1813  and  1814; 
and  he  became  subsequently  adju- 
tant-general to  the  late  Emperor, 
whose  confidence  in  him  descended 
to  his  successor  Nicholas.  In  the 
conflict  at  Austerlitz  he  was  wound- 
ed by  a  spent  ball,  which  lodged 
in  the  palm  of  his  hand.  He 
also  di^tinguislied  himself  in  the 
actions  of  Eylau  and  Friedland, 
and  in  the  celebrated  campaign  of 
1812.  The  appointment  of  Count 
Diebitsch  to  the  supreme  command 
of  the  Russian  army,  at  the  com- 
mencement of  the  campaign 
against  Turkey,  in  1829,  was  the 
exclusive  act  of  the  Emperor.  The 
nomination  excited  considerable 
discontent  in  the  first  instance,  be- 
cause the  person  selected  was  not 
a  native  Russian.  The  operations 
of  the  campaign,  and  hs  result, 
show  that  the  choice  of  the  Empe- 
ror  was   not  misplaced  ;  and  the 


OBITUARY.      >^'^Mt 


[297 


Field-marshal  was  made  a  Count, 
with  the  title  of  Sabalkanski,  or  the 
traverser  of  the  Balkan. 

Thus  possessing  the  entire  con- 
fidence of  Nicholas,  he  was  imme- 
diately selected,  on  the  breaking 
out  of  the  Polish  revolution,  to  re- 
store the  Russian  dominion  in  that 
country.  There  was  a  fortune  in 
the  commencement  of  this  war, 
favorable  to  the  Poles.  Among  its 
instances  were  the  frozen  bridges 
of  the  Vistula,  gliding  suddenly 
away — the  cholera  waging  an  ex- 
terminating war  upon  their  ill-pro- 
vided opponents — disunion  and  fa- 
tigue paralysing  the  hostile  army 
— and  in  fine,  the  *  Balkan  Passer ' 
checked,  distracted  by  difficulties, 
and  undermined,  at  length  suc- 
cumbed ta  his  altered  destiny  by 
taking  refuge  in  the  grave.  On 
the  morning  of  May  28,  the  Pield- 
marshal  had  felt  himself  unwell, 
and  the  symptoms  of  the  cholera 
soon  became  very  violent,  and  after 
severe  sufferings  terminated  in 
death. 

In  person,  Diebitsch  was  short, 
brown,  and  walked  with  his  head 
down ;  he  appeared  cold,  but  his 
eye  was  fiery,  and  continually  oc- 
<;upied ;  his  forehead  was  high  like 
that  of  Napoleon,  and  his  back 
bent  somewhat  crooked. 

He  was  married  inl815,  to  Jane, 
Baroness  de  Tornau,  niece  to  the 
lady  of  Prince  Barclay  de  Tolly. 
Of  this  marriage  there  was  no 
issue. 


James  Monroe. 

1831.  July  4th.  At  the  city  of 
New  York  on  the  55th  anniversa- 
ry of  American  Independence, 
James  Monroe,  late  President  of 
the  United  States  of  America,  in 
the  73d  year  of  his  age. 

James  Monroe  was  born  April, 
2d,  1759,  in  the  County  of  West- 
moreland,   Virginia,    the   son   of 


Spence  Monroe  and  Elizabeth 
Jones,  both  members  of  old  and 
highly  respectable  families  in  the 
ancient  dominion.  His  childhood 
was  passed  in  the  midst  of  that  ex- 
citing contest,  which  led  to  the 
American  revolution — the  stamp- 
act  being  passed  in  the  5th  year 
of  his  age.  He  was  thus  educated 
in  the  detestation  of  tyranny,  and 
prompted  by  a  patriotism,  which 
went  beyond  his  years,  he  left  the 
college  of  William  and  Mary, 
where  he  was  pursuing  collegiate 
studies,  to  join  the  standarxl  of  his 
country  in  the  18th  year  of  his  age. 
The  Declaration  of  Independence 
had  just  been  issued,  and  at  that 
disastrous  moment,  when  Wash- 
ington was  preparing  to  defend 
New  York,  against  the  increasing 
armies  of  England ;  when  the 
timid  and  wavering  were  shrink- 
ing from  the  side  of  their  country's 
chief,  James  Monroe  arrived  at 
head-quarters  with  a  firm  deter- 
mination to  share  hei;-fate,  whether 
for  good  or  for  evil. 

During  the  gloomy-year  of  1776, 
he  shared  with  the  army  their  de- 
feats and  their  privations,  was 
present  at  the  disastrous  battles  of 
Harlaem  heights,  and  Whiteplains ; 
and  in  the  battle  of  Trenton,  while 
leading  the  vanguard,  he  received 
a  wound,  the  scar  of  which  he 
carried  to  his  grave.  After  recov- 
ering from  his  wound  he  w^as  pro- 
moted for  his  gallantry,  and  re- 
turned to  active  service.  During 
the  campaigns  of  1777  and  1778, 
he  acted  as  aid  to  Lord  Sterling, 
and  took  an  active  and  distin- 
guished part  in  the  actions  of 
Brandywine,  Germantown  and 
Monmouth.  By  accepting  a  place 
in  the  staff-  of  Lord  Stirling,  Mr. 
Monroe  had  withdrawn  himself 
from  the  line  of  promotion ;  and 
with  the  view  of  again  entering 
the  line  of  the  army,  he  endeavor- 
ed to  raise  a  regiment  for  the  Vir- 


298] 


AiNNUAL  REGISTER,  1830—31. 


ginia  line,  under  the  authority  of 
the  legislature.  In  this  he  failed, 
owing  to  the  exhausted  state  of  the 
country,  and  devoted  himself  to 
the  study  of  the  law,  under  the 
direction  of  Mr.  Jefferson,  then 
the  governor  of  the  state.  He  oc- 
casionally acted  as  a  volunteer  in 
repelling  the  invasions  with  which 
Virginia  was  afterwards  visit,ed; 
and  after  the  fall  of  Charleston, 
he  repaired  to  the  Southern  army 
as  a  military  commissioner,  to  col- 
lect information  as  to  its  ability  to 
rescue  that  portion  of  the  union 
from  the  enemy.  This  duty  Avas 
performed  to  the  satisfaction  of  the 
governor  by  whom  he  was  appoint^ 
ed. 

He  now  commenced  his  career 
in  the  legislative  councils  of  his 
country,  being  elected,  in  1782,  a 
member  of  the  legislature  of  Vir- 
ginia, and  by  that  body  shortly 
after  chosen  a  member  of  the  ex- 
ecutive council.  The  next  year, 
on  the  9th  of  June,  he  was  ap- 
pointed to  represent  the  state  in 
the  continental  congress,  and  took 
his  seat  on  the  13th  of  December, 
just  in  time  to  witness  the  illustri- 
ous commander  of  the  revolutiona- 
ry army  surrender  his  commission 
into  the  hands  of  those  by  whom 
he  had  been  appointed.  From 
that  time  until  1786,  Mr.  Monroe 
continued  to  represent  his  native 
state  in  congress,  and  became  en- 
tirely convinced  of  the  inefncacy 
of  that  body  to  govern  the  country 
under  the  article  of  confederation. 
He  accordingly  sought  an  exten- 
sion of  its  powers,  and  in  1785 
moved  to  invest  congress  with  the 
power  of  regulating  trade.  This 
resolution,  together  with  another 
in  favor  of  investing  it  with  the 
power  of  levying  an  impost  duty, 
of  five  per  cent,  were  referred  to  a 
committee,  Mr.  Monroe  being 
chairman. 

A  report  was  made,  which  com- 


bined both  the  objects,  and  pro- 
posed such  alterations  in  the 
articles  of  confederation  as  were 
necessary  to  vest  in  congress  the 
powers  required.  These  were 
among  the  preliminary  steps  which 
led  to  the  convention  at  Annapolis, 
and  consequently  to  the  formation 
and  adoption  of  the  federal  consti- 
tution. Mr,  Monroe  was  also  ac- 
tive and  influential  in  devising  a 
system  for  disposing  of  and  set- 
tling the  public  lands,  and  warmly 
opposed  the  plan  of  selling  each 
range  of  townships  separately,  be- 
fore any  other  should  be  offered 
for  sale. 

On  the  24th  of  December,  1784, 
Mr.  Monroe  was  appointed,  with 
eight  other  highly  distinguished 
men  of  that  period,  members  of  a 
federal  court,  to  decide  the  long 
pending  controversy  between  Mas- 
sachusetts and  New  York.  He 
accepted  of  the  appointment;  but 
on  the  15th  of  May,  1786,  he  re- 
signed his  commission,  and  the 
two  states  having,  during  the  same 
year,  adjusted  the  matter  by  mu- 
tual agreement,  the  court  never 
met. 

Mr.  Monroe  was  induced  to  de- 
cline acting  in  this  matter,  from  a 
conviction  that  the  course  he  had 
been  compelled  to  take,  relative  to 
the  navigation  of  the  Mississippi, 
had  deprived  him  of  the  confidence 
of  the  commonwealths,  upon  whose 
contending  claims  he  was  appoint-* 
ed  to  decide. 

tn  the  infancy  of  our  existence 
ns  an  independent  nation,  Spain 
sought  to  take  advantage  of  our 
weakness,  and  to  obtain  from  us, 
as  an  equivalent  for  some  trifling 
advantages,  a  relinquishment  of 
our  right  to  navigate  the  Mississip- 
pi. That  river  emptied  itself  into 
the  ocean,  through  the  territories 
of  Spain,  and  that  government 
claimed  the  right  to  debar  our 
western  citizens  all  access  to  the 


OBITUARY. 


[299 


ocean  through  its  territories,  with 
as  uncompromising  a  spirit,  as 
Great  Britain  now  denies  to  the 
American  citizens,  who  inhabit  the 
shores  of  our  northern  lakes,  the 
right  to  navigate  the  St.  Lawrence. 
After  a  good  deal  of  controversy, 
it  was  proposed  by  the  Secretary 
of  Foreign  Affairs  to  agree  to  for- 
bear the  e.\ercise  of  the  right  to 
navigate  that  river  for  25  or  30 
years.  This  proposal  excited  the 
most  acrimonious  dispute  between 
the  representatives  of  the  northern 
and  southern  states;  the  former 
not  foreseeing  the  rapid  growth 
which  awailed  the  west,  assenting 
to  the  proposition  ;  the  latter  vehe- 
mently opposing  it.  Mr.  Monroe 
differed  from  both  New  York  and 
Massachusetts  on  that  question, 
and  taking  a  leading  part  against 
any  concession  to  Spain,  felt  that 
he  could  not  possess  the  same  in- 
fluence and  weight  of  character, 
that  he  had  before  the  question 
was  agitated ;  and,  actuated  by  a 
delicacy  of  feeling  highly  credita- 
ble to  his  character,  he  resigned 
his  appointment  as  one  of  the 
federal  commission. 

Towards  the  conclusion  of  the 
year  1786,  Mr.  Monroe's  term  of 
service  in  congress  expired,  and 
being  ineligible  for  a  second  term, 
he  established  himself  at  Freder- 
icksburg with  the  view  of  prac- 
tising law.  He  had,  during  his  at- 
tendance at  New  York,  as  a  mem- 
ber of  congress,  married  Miss  Kort- 
right,  daughter  of  L.  Kortright,  a 
highly  respectable  family  of  that 
state.  He  was  not,  however,  per- 
mitted long  to  remain  in  private 
life,  being,  almost  immediately 
upon  his  return,  elected  a  member 
of  the  state  legislature,  and  the  fol- 
lowing year,  178^,  chosen  to  the 
state  convention,  assembled  to  de- 
cide upon  the  adoption  of  the  fe- 
deral constitution. 

Notwithstanding   Mr.    Monroe 


was  convinced  of  the  inefficacy  of 
the  articles  of  confederation,  and  of 
the  necessity  of  a  radical  change 
in  the  government  of  the  Union,  he 
was  not  altogether  prepared  to 
adopt  the  federal  constitution  as 
framed  by  the  convention  of  1787. 
He  thought  that  certain  amend- 
ments ought  to  be  adopted  previous 
to  its  adoption,  and  decidedly  ad- 
vocated that  course  in  the  conven- 
tion. 

That  body,  by  a  majority  of  89 
to  79  in  the  negative,  resolved  to 
adopt  the  constitution  as  it  was,  ac- 
companied with  a  recommendation 
of  certain  amendments,  which  were 
afterwards  accepted,  and  became 
part  of  that  instrument. 
The  course  which  Mr.  Monroe  pur- 
sued on  this  occasion,  did  not  de- 
prive him  of  the  confidence  of  Vir- 
ginia, and  in  December,  1789,  he 
was  chosen  to  the  senate  of  the 
United  States,  to  fill  the  vacancy 
caused  by  the  death  of  William 
Grayson.  In  this  station  he  con- 
tinued until  May,  1794,  when  he 
was  appointed  by  Washington  min- 
ister to  France,  where  he  remained 
until  his  recall  in  the  year  1796, 
Shortly  after  his  return,  he  was 
chosen  to  the  legislature,  and  soon 
afterwards  governor  of  Virginia, 
where  he  served  for  the  term,  lim- 
ited by  the  constitution,  of  three 
years. 

In  1803,  January  II,  Mr.  Monroe 
was  appointed  by  Mr.  Jefferson, 
Envoy  Extraordinary  to  France, 
jointly  with  Mr.  Livingston,  then 
resident  minister  at  that  Court,  and 
he  was  also  associated  with  Mr. 
Charles  Pinckney,  then  resident 
minister  at  Madrid,  to  negociate 
the  purchase  of  Louisiana.  That 
country  had  been  ceded  a  short 
time  before  by  Spain  to  France, 
and  every  thing  indicated  that  Na- 
poleon intended  to  establish  a  mil- 
itary colony  in  the  newly  acquired 
province,  with  the  view  of  extend- 


300] 


ANNUAL  REGISTER,  1830—31. 


ing  his  sway  over  the  American 
continent.  In  case  of  a  European 
war,  the  probability  was,  that  he 
would  be  compelled  to  see  it  pass 
under  the  dominion  of  Great  Brit- 
ain. To  prevent  either  of  these 
unpleasant  alternatives,  and  in  the 
expectation  of  being  able  to  obtain 
a  transfer  of  that  country  upon  fa- 
vorable terms  to  the  United  States, 
this  mission  was  instituted.  Mr. 
Monroe,  upon  his  arrival  in  France, 
found  a  most  favorable  conjuncture 
for  the  accomplishment  of  the  mis- 
sion. 

War  was  on  the  point  of  break- 
ing out  between  England  and 
France,  and  Napoleon  fearing  that 
his  new  acquisition  would  fall  into 
the  possession  of  England,  and 
wanting  money  for  the  prosecution 
of  the  contemplated  war,  entered 
into  a  treaty  for  the  cession  of  Lou- 
isiana to  the  United  States  for  the 
sum  of  815,000,000.  The  treaty 
was  concluded  within  a  fortnight 
after  Mr.  Monroe's  arrival  at  Paris, 
and  after  the  conclusion  of  this 
negociation  he  proceeded  to  Lon- 
don, where  he  was  also  commis- 
sioned to  act  as  successor  to  Mr. 
King,  who  had  resigned. 

Here  he  sought,  pursuant  to  the 
timid  policy  followed  by  Mr.  Jef- 
ferson, to  obtain  a  convention  for 
the  protection  of  our  seamen, 
against  impressment,  and  for  the 
protection  of  neutral  rights,  but  in 
the  midst  of  these  discussions  he 
was  called  away  to  the  discharge 
of  his  mission  to  Spain. 

In  the  transfer  of  Louisiana,  first 
by  Spain  to  France,  and  subse- 
quently to  the  United  Slates,  the 
boundaries  of  the  province  were 
not  defined.  As  between  Spain 
and  France,  such  a  question,  if  it 
arose,  would  have  been  settled  ac- 
cording to  the  lion's  rule  of  distri- 
bution ;  but  Spain  was  encouraged, 
after  the  cession  to  the  United 
States,  to  dispute  the  extent  of  the 


province,  and  she  sought  to  reduce 
it  to  little  more  than  the  island  of 
Orleans.  A  controversy  which 
threatened  an  immediate  appeal  to 
arms  arose  between  this  country 
and  Spain  ;  and  for  the  purpose  of 
adjusting  these  difliculties,  Mr. 
Monroe  proceeded  to  Madrid.  He 
there,  in  conjunction  with  Mr. 
Pinckney,  maintained  the  rights  of 
this  country  with  great  ability,  but 
without  procuring  any  adjustment 
of  the  controversy.  The  progress 
of  the  war  between  England  and 
France  had  now  seriously  embroil- 
ed our  aff*airs  with  England,  and 
Mr.  Monroe  was  recalled  to  his  post 
at  London,  to  maintain  our  rights 
as  neutrals  against  the  systematic 
encroachments  of  that  country. 
Mr.  Monroe  warmly  protested 
against  the  detention  and  condem- 
nation of  American  vessels  by  the 
court  of  Admiralty,  under  the  new 
light  which  was  imparted  to  the 
mind  of  Sir  William  Scott  by  the 
orders  of  his  government ;  and 
when  the  British  government  pass- 
ed into  the  hands  of  the  great 
Whig  minister,  he  obtained  an  or- 
der, releasing  all  American  vessels 
which  were  still  waiting  for  adju- 
dication. Fox,  however,  did  not 
feel  at  liberty  to  make  compensa- 
tion to  those  unfortunate  claimants 
who  had  already  undergone  the 
sentenceof  Sir  William  Scott,  and 
Mr.  Pinckney  was  sent  as  Envoy 
Extraordinary  to  aid  Mr.  Monroe 
in  adjusting  these  unsettled  dis- 
putes. A  treaty  was  prepared  by 
them,  which  being  clogged  with 
an  inadmissible  condition  append- 
ed to  it  by  the  British  Plenipoten- 
tiaries after  its  signature,  was  sent 
back  by  Mr.  Jefferson  for  revisal, 
with  the  view  of  providing  more 
completely  against  the  impressment 
of  our  seamen.  Mr.  Fox,  however, 
no  lonorer  influenced  the  councils 
of  the  British  government;  and  Mr. 
Canning,  who  had  succeeded  him 


OBITUARY. 


[301 


as  secretary  for  foreign  afldirs,  re- 
fused to  resume  the  negotiation. 
The  joint  commission  of  Monroe 
and  Pinckney  was  now  at  an  end, 
and  Mr.  Monroe  after  a  short  de- 
tention in  consequence  of  the  out- 
rage upon  the  frigate  Chesapeake, 
(for  which  he  was  instructed  to  de- 
mand instant  satisfaction,)  return- 
ed to  the  United  State-,  ,at  the  close 
of  the  year  1807.  Shortly  after 
his  return  he  was  again  elected 
governor  of  Virginia,  and  upon  the 
resignation  of  Robert  Smith,  in  the 
spring  of  1811,  was  appointed  by 
Mr.  Aladison,  secretary  of  state. 
This  office  he  continued  to  hold 
during  the  whole  of  Mr.  Madison's 
administration. 

After  the  CTpture  of  Washing- 
ton, he  was  appointed  to  the 
war  department,  without,  however, 
resigning  as  secretary  of  state. 
In  this  station  his  conduct  was  be- 
yond all  praise.  He  found  the 
treasury  exhausted ;  the  public 
credit  prostrated  ;  while  the  enemy, 
relieved  from  her  war  with  France, 
was  preparing  to  turn  her  numer- 
ous armies  flushed  with  victory, 
ov€r  the  legions  of  Napoleon, 
against  this  republic.  His  first 
duty  was  to  prepare  for  the  new 
campaign,  and  tiiis  he  was  enabled 
to  do  by  the  now  excited  spirit  of 
the  country.  The  army  which  had 
already  risen  to  the  number  of 
00,000,  Mr.  Monroe  proposed  to 
increase  by  the  addition  of  40,000, 
and  in  addition  to  the  ordinary 
mode  of  enlistment  to  levy  new  re- 
cruits, by  drafting  from  the  militia. 
This  proposition,  which  would  in- 
evitably have  lost  him  the  favor  of 
the  people,  he  felt  it  to  be  his  duty 
to  make,  and  had  intended  in  case 
of  the  continuance  of  the  war  to 
withdraw  his  name  from  the  presi- 
dential canvass. 

Towards  the  end   of  the   year 
1814,  Mr.  Monroe's   attention,   as 
secretary  of  war,  was  most  urgently 
26 


called  to  the  defence  of  New  Or- 
leans, against  which  a  powerful 
fleet  and  army  had  been  despatch- 
ed. To  raise  the  funds  for  the  de- 
fence of  this  important  point,  Mr. 
Monroe  was  compelled  to  pledge 
his  private  credit,  as  subsidiary  to 
that  of  the  government,  which 
then  was  entirely  destroyed.  By 
this  act  of  devotion  he  was  ena- 
bled to  furnish  the  necessary  sup- 
plies ;  New  Orleans  was  success- 
fully defended,  and  the  entire  de- 
feat of  Packenham,  and  his  army 
appropriately  terminated  a  war, 
which  had  been  forced  upon  this 
country  by  the  insolent  pretensions 
of  Great  Britain.  A  new  series  of 
duties  now  awaited  Mr.  Monroe. 
Upon  the  conclusion  of  peace  he 
resumed  his  station  in  the  depart- 
ment of  state,  and  as  the  long  tried  * 
friend  and  confidential  adviser  of 
Mr.  Madison,  he  was  called  to  the 
arduous  task  of  deciding  upon  those 
measures,  which  aimed  at  the  re- 
establishment  of  the  public  credit, 
and  to  place  the  country  in  a  bet- 
ter state  of  preparation  in  case  she 
should  be  called  upon  again  to  as- 
sert her  rights  by  an  appeal  ta-j 
arms.  ,\r 

Our  foreign  relations,  which  had 
been    partially   suspended    during 
the  war,  were  to  be  renewed  ;  and,<, 
the  domestic  policy  of  the  United  // 
States  required  to  be  modified  so-kj 
as  to  adopt  it  to  the  great  changes  f 
which  had  been  produced   by  the 
general  pacification  of  Europe.    In 
the  performance  of  the  arduous  du- 
ties imposed  upon   him  at  this  pe- 
riod, Mr.  Monroe  had  the  good  for- 
tune   to    be    sustained    by   public 
opinion,  and  with  that  auxiliary  he 
lent   his    zealous   co-operation   to 
Mr.   Madison   in   establishing  the 
system  of  internal  |)olicy,  adopted 
after  the  close  of  the  war,  and  con- 
tinued  it  with  new  and  enlarged 
features  after  his  election  as  presi- 
dent of  the  United  States  in  1817. 


302] 


ANNUAL  REGISTER,  1830—31. 


The  establishment  of  a  national 
bank,  of  the  plan  for  the  gradual 
discharge  of  the  public  debt,  of  the 
system  of  fortifying  the  coast,  and 
increasing  the  navy,  and  of  bring- 
ing forward,  by  legislative  encou- 
ragement the  rising  arts  and  man- 
ufactures of  the  United  States, 
formed  essential  parts  of  the  policy 
then  adopted.  To  this,  Mr.  Mon- 
roe, after  long  deliberation,  and 
with  the  entire  concurrence  of  his 
whole  cabinet,  determined  to  add 
a  system  of  internal  improvement. 
This  was  done  on  the  30th  of 
April,  1824,  when  the  act  appro- 
priating $30,000  for  the  survey  of 
such  routes  for  canals  and  public 
roads  as  the  president  might  direct, 
received  his  sanction.  This  ap- 
propriation has  been  annually  made 
since  that  time,  and  the  adoption 
of  this  policy  promises  to  form  a 
new  era  in  the  history  of  the  coun- 
try. 

Among  the  measures  which  dis- 
tinguished the  administration  of 
Mr.  Monroe,  was  the  negotiation 
of  the  treaty  which  added  Florida 
to  the  United  States.  This  cession 
secured  to  the  United  States  all  the 
territory  north  of  Mexico,  and  it 
was  negotiated  with  great  proprie- 
ty by  one,  who  had  borne  so  con- 
spicuous a  part  in  the  acquisition 
of  Louisiana  itself  Mr.  Monroe 
was  re-elected  without  opposition, 
president  of  the  United  States,  in 
1821,  and  ended  his  career  in  the 
service  of  the  federal  government^ 


March  3d,  1825.  He  then  retired 
to  his  residence  in  Loudon  coun- 
ty, where  he  was  shortly  after  ap- 
pointed a  county  magistrate,  the 
duties  of  which  office  he  continu- 
ed to  discharge  until  his  departure 
for  the  city  of  New  York.  He  was 
also  appointed  curator  of  the  uni- 
versity of  Virginia,  and  in  the  win- 
ter of  1829,  1830,  being  elected  a 
member  of  the  convention,  called 
to  revise  the  constitution  of  that 
state,  he  was  unanimously  chosen 
to  preside  over  its  deliberations. 
Before  the  close  of  its  labors,  how- 
ever, he  was  compelled  by  severe 
indisposition  to  retire,  and  in  the 
succeeding  summer  removed  to 
New  York,  to  take  up  his  abode 
with  his  son-in-law,  Mr.  S.  L.  Gov- 
erneur.  There  he  remained,  sur- 
rounded by  filial  solicitude  and  ten- 
derness, until,  on  the  55th  anniver- 
sary of  the  nation's  birth,  he  termi- 
nated his  earthly  career  ;  furnish- 
ing another  striking  coincidence, 
which,  as  in  the  instance  of  the 
simultaneous  death  of  Adams  and 
Jefferson  on  the  same  day,  fi'e 
years  previous,  afforded  'occasion 
for  grave,  reflection,  and  seemed 
pregnant  with  some  mysterious 
moral  lesson  to  a  nation,  whose  at- 
tention was  thus  forcibly  directed 
to  the  act,  which,  while  it  gave  it 
birth  as  an  Independent  communi- 
ty, also  served  to  mark  the  com- 
mencement of  a  new  era  in  the 
history  of  the  world. 


0 


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BINUirSia  oc'^l.   rcD  ^o  x^VP^ 


D  The  American  annual  register 

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1830/31 


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