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sacred obligation; and in compacts of civil government, involving the liberty and happiness of millions of mankind, the obligation cannot be less."

| few months which followed a most vigorous and determined struggle to

defeat his re-election.

proved by a decided majority. The great mass of the voting population of nearly all these States had just given General Jackson their suffrages for the second or third time-they had long enough been told that he was a despot, an usurper, a tyrant, etc., without believing it; and they were little inclined to repudiate in a moment the convictions and the associations of a lifetime. In Virginia alone was there any official exhibition of sympathy with South Carolina in her self-invoked peril; and she sent a commissioner to that State rather to indicate her fraternal regard than to proffer any substantial assistance.

The unanimity and enthusiasm, At the South, the case was somewith which the people of the Free what different, though in every State States responded to these downright-South Carolina, of course, exceptmanifestations of a purpose to pre-ed-the President's course was apserve at all hazards the integrity of the Union, are still freshly remembered. Those States had just been convulsed by a Presidential contest, wherein their people were about equally divided into zealous advocates and equally zealous opponents of General Jackson's re-election. Though his triumph had been overwhelming, so far as the choice of Electors was concerned, the popular majorities, whereby those electors were chosen, were very meager in several of the States, including New York, Ohio, and New Jersey; while the majorities against him in Massachusetts, Connecticut, Rhode Island, Vermont, and Kentucky, were heavy. But the States which had opposed his re-election, the citizens who had deprecated it as confirming and renewing a lease of virtually absolute power in hands too prone to stretch Authority and Prerogative to the utmost, now vied with their late antagonists in pledging devotion and support to the elected chief of the Republic in his efforts to preserve its unity and vitality. Great public meetings were held in the principal cities to give formal and influential expression to the sentiment; the Press, all but unanimously, echoed and stimulated the popular plaudits; and General Jackson was never be fore nor afterward so strong throughout the Free States, as during the

21 Benjamin Watkins Leigh.

There was some windy talk of opposing by force the passage of a Federal army southward through the Old Dominion on an errand of "subjugation;" and her Governor," in his annual Message, said something implying such a purpose. Ex-Governor Troup, of Georgia, and a few other doctrinaires of the extreme State Rights school, muttered some words of sympathy with the Nullifiers, about to be crushed under the iron heel of Federal power-some vague protest against Consolidation; but that was all. Had it become necessary to call for volunteers to assert and maintain the National authority on the soil of the perverse State, they would doubtless have offered themselves by thousands from nearly or quite

22 John Floyd, father of the late John B. Floyd, Mr. Buchanan's Secretary of War.

MR. CLAY'S TARIFF COMPROMISE.

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every Southern as well as Northern the convictions of a majority of the State. members, which would whelm them in one common ruin. Finally 24, Mr. Clay was induced to submit his Compromise Tariff, whereby one-tenth of the excess over twenty per cent. of each and every existing impost was to be taken off at the close of that year; another tenth two years thereafter; so proceeding until the 31st of June, 1842, when all duties should be reduced to a maximum of twenty per cent. This Compromise Tariff, being accepted and supported by Mr. Calhoun and the Nullifiers, was offered in the House, as a substitute for Mr. Verplanck's bill, by Mr. Letcher, of Kentucky (Mr. Clay's immediate representative and devoted friend), on the 25th of February; adopted and passed at once by a vote of 119 to 85; agreed to by the Senate; and became a law in the last hours of the session: General Jackson, though he openly condemned it as an unwise and untimely concession to rampant treason, not choosing to take the responsibility of vetoing, nor even of pocketing it, as he clearly might have done. South Carolina thereupon abandoned her Ordinance and attitude of Nullification; and the storm that lowered so black and imminent suddenly gave place to a sunny and smiling calm.

But it did not become necessary. Congress in due time took up the Tariff, with a view to its revision and reduction. The Jacksonian ascendency was decided in every department of the Government. Andrew Stevenson (anti-Tariff), of Virginia, was Speaker of the House, Gulian C. Verplanck (anti-Tariff) was Chairman of its Committee of Ways and Means, whence a bill containing sweeping reductions and equalizations of duties was, at an early period of the session, reported; and, though no conclusive action was had on this measure, the mere fact of its introduction was seized upon by the Nullifiers as an excuse for recoiling from the perilous position they had so recklessly assumed. A few days before the 1st of February, the Nullifying chiefs met at Charleston, and gravely resolved that, inasmuch as measures were then pending in Congress which contemplated such reductions of duties on imports as South Carolina demanded, the execution of the Nullifying Ordinance, and of course of all legislative acts subsidiary thereto, should be postponed till after the adjournment of that body!

But Mr. Verplanck's bill" made such slow progress that its passage, even at the last moment, seemed exceedingly doubtful. Mr. Webster forcibly urged that no concession should be made to South Carolina until she should have abandoned her treasonable attitude. The manufacturers beset the Capitol in crowds, remonstrating against legislation under duress, in defiance of the public interest and

23 Reported December 28th.

But General Jackson was deeply dissatisfied, and with reason. He saw in this easy accommodation the seeds of future perils and calamities. He insisted that Calhoun was a traitor; and to the end of his days regretted that he had not promptly arrested and tried him as such. He denied that dissatisfaction with the Protective policy was the real incite

24 February 12, 1833.

ment to the ambitious and restless | tiated by Henry Knox, Secretary of

Carolinian's attempt at practical Nullification. "The Tariff," he wrote in 1834, to an intimate friend in Georgia, "was but a pretext. The next will be the Slavery or Negro question."

But while Nullification was thus sternly crushed out in South Carolina, it was simultaneously allowed a complete triumph in the adjoining State of Georgia. The circumstances were briefly as follows:

The once powerful and warlike Aboriginal tribes known to us as "Cherokees" and "Creeks," originally possessed respectively large territories, which are now included within the States of North Carolina, Georgia, Tennessee, and Alabama. With those tribes, treaties were from time to time made by our Government, whereof each had for its main object the transfer, for a specified consideration, of lands by the Indians to the United States. One of the conditions on which we sought and obtained those lands was thus succinctly expressed in the treaty with the Cherokees negotiated on the bank of the Holston, in 1791, under the Presidency of Washington:

"ARTICLE 7. The United States solemnly GUARANTY to the Cherokee Nation all their lands not hereby ceded.”

The stipulations of this treaty were recognized, and their validity confirmed by the treaty of 1794, nego

War, "being authorized thereto by the President of the United States." A further treaty, negotiated in 1798, under John Adams, recognized and ratified afresh all the obligations incurred, the guaranties given, by former treaties. Such stipulations continued to be made, at least down to 1817, when one was negotiated on our part by Andrew Jackson and others, again renewing and confirming to the Cherokees all former stipulations and guaranties.

Still more: when, in 1814, the Treaty of Ghent was negotiated, whereby the war of 1812 with Great Britain was terminated, the British commissioners long and fairly insisted on including her Aboriginal allies in that war in the provisions and stipulations of the treaty, especially that which exacted a mutual restoration of all territories or places taken by one party from the other during the preceding contest. Our commissioners naturally demurred to this, preferring to insert an article which set forth the humane and benevolent principles whereby (as it alleged) our Government regulates its conduct toward the Indian tribes within our borders.25 And Mr. Clay, one of the negotiators of that treaty, declared, in his speech on the Cherokee Grievances in 1835, that the British commissioners would never have been satisfied with this, if they had understood that those tribes

25 The following is that portion of the Treaty the possessions, rights, and privileges, which of Ghent relating to the Indians:

"Article the Ninth. The United States of America engage to put an end, immediately after the ratification of the present treaty, to hostilities with all the tribes or nations of Indians with whom they may be at war at the time of such ratification; and forthwith to restore to such tribes or nations, respectively, all

they may have enjoyed or been entitled to in one thousand eight hundred and eleven, previous to such hostilities. Provided always, That such tribes or nations shall agree to desist from all hostilities against the United States of America, their citizens and subjects, upon the ratification of the present treaty being notified to such tribes or nations, and shall so desist accordingly."

GEORGIA AND THE INDIANS.

held their rights and possessions guaranteed to them by Federal treaties subject to the good-will and pleasure of the several States, or any of them. In 1802, Georgia ceded, on certain conditions, her western territory, now composing the States of Alabama and Mississippi, to the Union. Among these conditions, our Government undertook to extinguish the Indian title to all lands within the boundaries of the State as thereby constituted, so soon as this could be effected "peaceably and on reasonable terms." 26 And this object was urgently, perseveringly, and not always honorably, pursued. In February, 1825, just as Mr. Monroe's Administration was passing away, certain commissioners, selected by Mr. Calhoun, then Secretary of War, attempted to obtain from the Creeks, at a council held at Indian Springs, a cession of their lands; but were baffled by the stern resolve of chiefs and people-the tribe having previously prescribed the penalty of death for any one who should make such sale. Thus defeated, the commissioners resorted to a too common practice: they bribed an inconsiderable minority of the Creeks, including one or two alleged chiefs, to give their formal assent to such an instrument as they desired. This sham treaty was hurried to Washington, and forced through the expiring Senate on the last day of the session, before its true character

26 The following is the entire article:

"Fourthly, That the United States shall, at their own expense, extinguish, for the use of Georgia, as early as the same can be peaceably obtained, on reasonable terms, the Indian title to the country of Talassee, to the lands left out by the line drawn with the Creeks, in the year one thousand seven hundred and ninety-eight, which had been previously granted by the State of

103

could be generally known. The Creeks, upon learning that such a pretended treaty had been made, held a general council, wherein it was formally disavowed and denounced, and a party was at once dispatched to the home of McIntosh, a chief who had signed the fraud, to execute the sentence of the law upon him. MeIntosh and another principal signer were shot dead on sight, and due notice given that the pretended treaty was utterly repudiated.

Governor Troup, of Georgia, of course assumed the validity of the instrument, and prepared to take forcible possession of the Creek lands. The Creeks appealed to the Government, demanding the enforcement of the treaties whereby they were guaranteed protection in the peaceable enjoyment of their clearly defined territorial possessions. Mr. Adams, who had now succeeded to the Presidency, looked fully into the matter, saw that their claim was just, and assured them that they should be defended. Governor Troup threatened to employ force; Mr. Adams did employ it. He ordered General Gaines, with a body of regulars, to the scene of apprehended conflict, and gave Georgia fair notice that she must behave herself. The Governor talked loudly, but did not see fit to proceed from words to blows. The Indian Springs fraud proved abortive; but Georgia and her backers scored up a heavy account against

Georgia, both which tracts had formally been yielded by the Indians; and to the lands within the forks of the Oconee and Ocmulgee rivers; for which several objects, the President of the United States has directed that a treaty should be immediately held with the Creeks; and that the United States shall, in the same manner, also extinguish the Indian title to all other lands within the State of Georgia."-American State Papers, vol. xvi., p. 114.

Mr. Adams, to be held good against | ties, and had eagerly appropriated him not only, but all future Yankee' the lands thus obtained by the Union, and 'Puritan' aspirants to the Presidency.

and passed directly over to her: but
then, Georgia was a sovereign State,
and entitled to do as she liked with
all the lands within her borders, and
all the people living thereon, no mat-
ter if in flagrant violation of the laws.
and treaties of the United States!
And the new President did not scru-
ple to assert and reiterate the un-
truth that the Creeks and Cherokees
respectively were attempting to
"erect an independent government
within the limits of Georgia and
Alabama," ringing
ringing all possible
changes on the falsehood, and gravely
quoting from the Constitution that
"No new State shall be formed or
erected within the limits of any other
State," as precluding the mainte-

General Jackson was chosen President in 1828, receiving more than two-thirds of the Electoral votes, including those of all the Slave States but Delaware and a part of Maryland. In Georgia, there were two Jackson Electoral tickets run, but none for Adams. And the first Annual Message of the new President gave the Indians due notice that Georgia had not so voted from blind impulse that their dearest rights, their most cherished possessions, were among her "spoils of victory." In this Message, the solemn obligations which our Government had volunteered to assume, in treaty after treaty with the Creeks and Chero-nance by the Creeks and Cherokees kees, were utterly ignored, and the rights and possessions of the Indians dealt with precisely as if no such treaties had ever existed! Georgia had herself, through her citizens, participated in negotiating, and, through her Senators, united in ratifying those treaties; yet not only was she held at liberty to disobey and trample on them, but the United States was regarded as equally absolved, by the convenient fiction of State Sovereignty, from all liability to maintain and enforce them! No one could deny that we had solemnly engaged, by repeated treaties, to pro

of their governments in territories which they had possessed and governed long before Georgia had been colonized, or the name Alabama invented.

This deliberate and flagrant perversion of the question to be decided was persisted in through several pages of the Message. Says the President :

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

tect the Indians in the undisturbed use and enjoyment forever of the lands. which we had admitted to be, and marked out as, theirs. No one could deny that we had obtained large cessions of valuable lands by these treaties. No one doubted that Georgia had urged us to make these trea

What the Indians demanded was simply that the portion of their immemorial possessions which they had reserved for their own use and enjoyment in making liberal cessions to our Government, should still be left to them-that they should be protect

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