As to fishing on the shores of British America, the English commissioners declined to renew the privileges formerly enjoyed by our citizens, which they deemed to have been terminated by the war. The loss of the right

to fish on the shores of British America, thus occurring, continued, in spite of a partial adjustment in 1818, at intervals to threaten the peace of the two nations until, by the treaty of Washington, in 1870, this right was regained in the exchange of benefits and payments therein provided for.

law.

In this connection let us note an act, passed before the close of Mr. Madison's administration, which has remained in force down to the present time, to regulate the relations of our people toward foreign powers, friendly to us but at war with each other. This was the genThe Neutrality eral Neutrality law of 1817, which made provision against fitting out vessels within the jurisdiction of the United States, to aid or co-operate in warlike measures against nations with which we should be at peace. This act has been of great service, having frequently been invoked against "filibustering" enterprises, whether under the impulse of the slave power or due to misguided sympathy with communities struggling for independence.

Fresh acts of hostility on the part of Algiers had followed the outbreak of our war with England; but of these the government at Washington wisely took little notice until the conclusion of the treaty of peace left our hands free, when a powerful fleet, under Commodore Decatur, was sent to the Mediterranean and speedily coerced the pirates, the Dey being compelled the Barbary to sign terms, upon Decatur's quarter-deck, powers. by which he renounced all claims to future tribute or presents from the United States, and agreed to surrender American captives held in slavery by his

Coercion of

people. Tripoli and Tunis were also brought to submission, and the "Barbary powers ceased from that time to vex our commerce.

The Indian

Britain.

Indian troubles had preceded the War of 1812. These still continued, in some degree, after its close. We have seen that Great Britain had sought, in the treaty of peace, to give special and extraor- allies of Great dinary protection to her late allies by securing them their lands in perpetuity; but that the commissioners on the part of the United States accorded to that part of the British propositions little consideration. In September, 1815, peace was made with the tribes lately at war.

CHAPTER XIII

THE CIVIL EVENTS OF MADISON'S ADMINISTRATION

The Seventh Presidential Election-DeWitt Clinton Nominated by the Disaffected Republicans and Supported by the Federalists -Madison Re-elected-The Third Census-Redistribution of Representatives-The Strengthening of National Authority -The Olmstead Case-Chief Justice Marshall's Contributions to American Nationality-Expiry of the National Bank—Financial Measures Incident to the War-The Republican Party Driven to Direct Taxes and other Offensive Means of Obtaining Revenue - The Salary-Grab Bill - New States-Economic Measures-The New Age-President Madison Advocates a Protective Tariff-The Protectionist Argument of that time -Position of the South-The Tariff of 1816-The Second National Bank-The Navigation Act-Internal Improvements -Changes in the Cabinet-Mr. Monroe Chosen President-Ret rospect.

HAVING briefly described the war with England, let us return to consider the chief civil events and measures of Madison's administration. The interest taken by the people in the controversy which resulted in the declaration of July 18, 1812, was so intense and absorbing that nearly all the political thought and feeling of Mr. Madison's first three years expended itself in discussing our national wrongs and in considering the political measures of retaliation or redress. Mr. Madison having, as stated, been nominated by the administration presidential party, DeWitt Clinton, of New York, was

The seventh

election. put up by the disaffected republicans, with

the understanding that he would receive the votes of the federalists. Mr. Clinton, the nephew of George Clin

66

ton, had become early distinguished in the ranks of the republicans; but he now placed himself in opposition, partly from ambition, partly from his dislike of the Virginia Dynasty." He received 89 electoral votes, all the votes of New York, Massachusetts, New Jersey, New Hampshire, Connecticut, Rhode Island, and Delaware, with 5 from Maryland. These were substantially federalist votes, reënforced by opposition to the war and dislike of Virginian domination within the government. One blank vote was thrown from Ohio. Mr. Madison received 128 votes, all the votes of Vermont and Pennsylvania; 7 from Ohio, 6 from Maryland, and the full vote of the southern and southwestern States except those already named. Elbridge Gerry, of Massachusetts, received 131 votes as vice-president. Ohio, as a State settled mainly from the northeast, exhibited its natural affiliations with New England and New York. Kentucky and Tennessee went with Virginia and North Carolina, their parent States, respectively.

The third census, taken in 1810, showed a total рорпlation of 7,239,903, of whom 1,191,364 were slaves. The four largest States were Virginia, with 977,622; New York, with 959,049; Pennsylvania, with 810,091; Massachusetts (still including Maine), with 700,745. These four States obtained 93 representatives out of a total of 182, or more than half. Though Virginia was the most populous of all, yet the three-fifths rule, applied to her slaves, brought her representation in Con- Represent agress below that of New York (27) and exactly on a level with that of Pennsylvania (23), while Massachusetts obtained 20. The three smallest States were Rhode Island, Delaware, and Louisiana, which, together, had only 5 representatives. North Carolina had 13; Kentucky, 10; South Carolina and Maryland, 9

tion.

each; Connecticut 7; while, by a curious coincidence, the six remaining States had 6 each. Here again we note the absence of any considerable group of the second rank, North Carolina alone being about at the mean of such a group as might naturally have been expected to be formed among so many as eighteen States.

ening of na

ity.

We have seen how, little by little, the Constitution set up in 1789 was being "tried on " in application to the life of the American people, to find how it would fit and whether it would work in practice. We have seen Kentucky and Virginia, by the nullification resolutions of 1798-99, declaring that there was "no common judge" The strength-between State and Nation, in cases of contional author- flicting authority or of abuses of federal power. We have noted the hostility of the republican party to all enlargements of the judicial function in our government; we have witnessed the attempts, which followed the accession of that party to power, to break down the judiciary by the process of impeachment. We have seen President Adams, in the last days of his administration, place upon the supreme bench of the United States the great Chief-Justice, Marshall, who was to make history faster than it could be unmade by all the opponents of American nationality.

We are now to see the government of the United States and of one of its original constituent States in actual collision over a mandate of the Supreme Court. In the first weeks of Madison's administration a case of long standing-the Olmstead case-concerning the disposition of certain moneys, the proceeds of a British prize, taken away back during the Revolutionary war, came to a final decision. The United States marshal, attempting to carry out the decree of the bench, was forcibly resisted, in Philadelphia, by militia acting