CHAPTER LXXII.

Gentlemen refuse to commit themselves on the record; but they have reasons; and we have heard enough, here and elsewhere, to have a glimpse of what they are. First, poverty: as if that was any reason for voting a fortune to a family, even if it was true! If it was a reason, one half of the community might be packed upon the backs of the other. Most of our public men die poor; many of them use up their patrimonial inheritances in the public service; yet, until now, the reparation of ruined fortune has not been attempted out of the public Treasury. Poverty would not do, if it was true, but here it is not true: the lady in question has a fine estate, and certainly has not applied for this money. No petition of hers is here! No letter, even, that we have heard of! So far as we know, she is ignorant of the proceeding! Certain it is, she has not applied for this grant, either on the score of poverty, or any thing else. Next, election expenses are mentioned; but that would seem to be a burlesque upon the character of our republican institutions. Certainly no candidate for the presidency ought to electioneer for it—spend money for it—and if he did, the public Treasury ought not to indemnify him. Travelling expenses coming on to the seat of government, are next mentioned; but these could be but a trifle, even if the President elect came at his own expense. But we know to the contrary. We know that the contest is for the honor of bringing him; that conveyances and entertainments are prepared; and that friends dispute for precedence in the race of lifting and helping along, and ministering to every want of the man who is so soon to be the dispenser of honor and fortune in the shape of office and contracts. Such a man cannot travel at his own expense. Finally, the fire in the roof of the west wing of the North Bend mansion has been mentioned; but Jackson had the whole Hermitage burnt to the ground when he was President, and would have scorned a gift from the public Treasury to rebuild it. Such are the reasons mentioned in debate, or elsewhere, for this grant. Their futility is apparent on their face, and is proved by the unwillingness of gentlemen to state them in a report, or a preamble, or in the body of the bill itself.

The annual bill for these pensions being on its passage, an attempt was made to correct the abuse introduced by the act of 1837. That act had done four things:—1. It had carried back the commencement of invalid naval pensions to the time of receiving the inability, instead of the time of completing the proof. 2. It extended the pensions for death to all cases ofdeath, whether incurred in the line of duty or not. 3. It extended the widows' pensions for life, when five years had been the law both in the army and the navy. 4. It pensioned children until twenty-one years of age, thereby adopting the English pension system. The effects of these changes were to absorb and bankrupt the navy pension fund—a meritorious fund created out of the government share of prize money, relinquished for that purpose;—and to throw the pensions, the previous as well as the future, upon the public treasury—where it was never intended they were to be. This act, so novel in its character—so plundering in its effects—and introducing such fatal principles into the naval pension system, and which it has been found so difficult to get rid of—was one of the deplorable instances of midnight legislation, on the last night of the session; when, in the absence of many, the haste of all, the sleepiness of some, and a pervading inattention, an enterprising member can get almost any thing passed through—and especially as an amendment. It was at a time like this that this pension act was passed, the night of March 3d, 1837—its false and deceptive title ("An act for the more equitable administration of the Navy Pension Fund") being probably as much of it as was heard by the few members who heard any thing about it; and the word "equitable," so untruly and deceptiously inserted, probably the only part of it which lodged on their minds. And in that way was passed an act which instantly pillaged a sacred fund of one million two hundred thousand dollars—which has thrown the naval pensioners upon the Treasury, instead of the old navy pension fund, for their support—which introduced the English pension system—which was so hard to repeal; and which has still all its burdens on our finances, and some of its principles in our laws. It is instructive to learn the history of such legislation, and to see its power (a power inherent in the very nature of an abuse, and the greater in proportion to the greatness of the abuse) to resist correction: and with this view the brief debate on an ineffectual attempt in the Senate to repeal the act of this session is here given—Mr. Reuel Williams, of Maine, having the honor to commence the movement.

"The naval pension appropriation bill being under consideration, Mr.Williamsoffered an amendment, providing for the repeal of the act of 1837; and went at some length into the reasons in favor of the adoption of the amendment. He said all admitted the injurious tendency of the act of 1837, by which the fund which had been provided by the bravery of our gallant sailors for the relief of the widows and orphans of those who had been killed in battle, or had died from wounds which had been received while in the line of their duty, had been utterly exhausted; and his amendment went to the repeal of that law.""Mr.Mangumhoped the amendment would not be adopted—that the system would be allowed to remain as it was until the next session. It was a subject of great complexity, and if this amendment passed it would be equivalent to the repeal of all the naval pension acts.""Mr.Williamsunderstood the senator from North Carolina as saying, that if they passed this amendment, and thus repealed the act of 1837, they repeal all acts which grant a pension for disability.""Mr.Mangumhad said, if they repealed the law of '37, they would cut off every widow and orphan now on the pension list, and leave none except the seamen, officers, and marines, entitled to pensions under the act of 1800.""Mr.Williamssaid the senator was entirely mistaken; and read the law of 1813, which was still in full force, and could not be affected by the repeal of the law of 1837. The law of 1813 gives a pension to the widows and orphans of all who are killed in battle, or who die from wounds received in battle; and also gives pensions to those who are disabled while in the line of their duty. This law was now in force. The additional provisions of the law of 1837 were to carry back the pensions to the time when the disability was incurred, and to extend it to the widows and children of those who died, no matter from what cause, while they were in the naval service. Thus, if an officer or seaman died from intoxication, or even committed suicide, his widow received a pension for life, and his children received pensions until they were twenty-one years of age."Again: if officers or seamen received a wound which did not disable them they continued in the service, receiving their full pay for years. When they thought proper they retired from the service, and applied for a pension for disability, which, by the law of 1837, they were authorized to have carried back to the time the disability was incurred, though they had, during the whole series of years subsequent to receiving the disability, and prior to the application for a pension, been receiving their full pay as officers or seamen. It was to prevent the continuance of such abuses, that the amendment was offered.""Mr.Walkermust vote against this amendment, repealing the act of 1837, because an amendment which had been offered by him and adopted, provided for certain pensions underthis very act, and which ought, in justice, to be given.""Mr.Williamsthought differently, as the specific provision in the amendment of the senator from Mississippi, would except the cases included in it from the operation of the repealing clause.""Mr.Evansopposed the amendment, on the ground that it cut off all the amendments adopted, and brought back again the law of 1800."

"Mr.Mangumhoped the amendment would not be adopted—that the system would be allowed to remain as it was until the next session. It was a subject of great complexity, and if this amendment passed it would be equivalent to the repeal of all the naval pension acts."

"Mr.Williamsunderstood the senator from North Carolina as saying, that if they passed this amendment, and thus repealed the act of 1837, they repeal all acts which grant a pension for disability."

"Mr.Mangumhad said, if they repealed the law of '37, they would cut off every widow and orphan now on the pension list, and leave none except the seamen, officers, and marines, entitled to pensions under the act of 1800."

"Mr.Williamssaid the senator was entirely mistaken; and read the law of 1813, which was still in full force, and could not be affected by the repeal of the law of 1837. The law of 1813 gives a pension to the widows and orphans of all who are killed in battle, or who die from wounds received in battle; and also gives pensions to those who are disabled while in the line of their duty. This law was now in force. The additional provisions of the law of 1837 were to carry back the pensions to the time when the disability was incurred, and to extend it to the widows and children of those who died, no matter from what cause, while they were in the naval service. Thus, if an officer or seaman died from intoxication, or even committed suicide, his widow received a pension for life, and his children received pensions until they were twenty-one years of age.

"Again: if officers or seamen received a wound which did not disable them they continued in the service, receiving their full pay for years. When they thought proper they retired from the service, and applied for a pension for disability, which, by the law of 1837, they were authorized to have carried back to the time the disability was incurred, though they had, during the whole series of years subsequent to receiving the disability, and prior to the application for a pension, been receiving their full pay as officers or seamen. It was to prevent the continuance of such abuses, that the amendment was offered."

"Mr.Walkermust vote against this amendment, repealing the act of 1837, because an amendment which had been offered by him and adopted, provided for certain pensions underthis very act, and which ought, in justice, to be given."

"Mr.Williamsthought differently, as the specific provision in the amendment of the senator from Mississippi, would except the cases included in it from the operation of the repealing clause."

"Mr.Evansopposed the amendment, on the ground that it cut off all the amendments adopted, and brought back again the law of 1800."

The proposed amendment of Mr. Williams was then put to the vote—and negatived—only nineteen senators voting for it. The yeas and nays were:

Yeas—Messrs. Allen, Benton, Calhoun, Clay of Alabama, Fulton, King, Linn, McRoberts, Mouton, Nicholson, Pierce, Sevier, Smith of Connecticut, Sturgeon, Tappan, Williams, Woodbury, Wright, Young—19.Nays—Messrs. Archer, Barrow, Bates, Bayard, Berrien, Choate, Clay of Kentucky, Clayton, Dixon, Evans, Graham, Huntington, Kerr, Mangum, Merrick, Miller, Morehead, Phelps, Porter, Prentiss, Preston, Simmons, Smith of Indiana, Southard, Tallmadge, Walker, White, Woodbridge—28.

Nays—Messrs. Archer, Barrow, Bates, Bayard, Berrien, Choate, Clay of Kentucky, Clayton, Dixon, Evans, Graham, Huntington, Kerr, Mangum, Merrick, Miller, Morehead, Phelps, Porter, Prentiss, Preston, Simmons, Smith of Indiana, Southard, Tallmadge, Walker, White, Woodbridge—28.

It is remarkable that in this vote upon a palpable and enormous abuse in the navy, there was not a whig vote among the democracy for correcting it, nor a democratic vote, except one, among the negatives. A difference about a navy—on the point of how much, and of what kind—had always been a point of difference between the two great political parties of the Union, which, under whatsoever names, are always the same—each preserving its identity in principles and policy: but here the two parties divided upon an abuse which no one could deny, or defend. The excuse was to put it off to another time, which is the successful way of perpetuating abuses, as there are always in every public assembly, as in every mass of individuals, many worthy men whose easy temperaments delight in temporizations; and who are always willing to put off, temporarily, the repeal of a bad law, or even to adopt temporarily, the enactment of a doubtful one. Mr. Williams' proposed amendment was not one of repeal only, but of enactment also. It repealed the act of 1837, and revived that of 1832, and corrected some injurious principles interjected into the naval pension code—especially the ante-dating of pensions, and the abuse of drawing pay and pension at the same time. This amendment being rejected, and some minor ones adopted, the question came up upon one offered by Mr. Walker—providing that all widows or children of naval officers, seamen, or marines, now deceased, and entitled to pensions under the act of 1837, should receive the same until otherwise directed by law; and excluding all cases from future deaths. Mr. Calhoun proposed to amend this amendment by striking out the substantive part of Mr. Walker's amendment, and after providing for those now on the pension-roll under the act of 1837, confining all future pensioners to the acts of April 23d, 1800—January 24th, 1813—and the second section of the act of the 3d of March, 1814. In support of his motion Mr. Calhoun spoke briefly, and pointedly, and unanswerably; but not quite enough so to save his proposed amendment. It was lost by one vote, and that the vote of the presidentpro tempore, Mr. Southard. The substance of Mr. Calhoun's brief speech is thus preserved in the register of the Congress debates:

"Mr.Calhounsaid that, among the several objections to this, there was one to which he did hope the Senate would apply the correction. The amendment not only kept alive the act of 1837, as to the pensioners now on the list, under that act, but also kept it alive for all future applications which might be made under it, until it should be hereafter repealed, if it ever should be. To this he strongly objected."There was one point on which all were agreed, that the act in question was not only inexpedient, but something much worse—that it committed something like a fraud upon the pension fund. It is well known to the Senate that that fund was the result of prize money pledged to the use of meritorious officers and sailors who might be disabled in the service of their country. The whole of this fund, amounting to nearly a million and a half of dollars, was swept away by this iniquitous act, that passed on the third of March—the very last day of the session—introduced and carried through by nobody knows who, and for which nobody seems responsible. He ventured nothing in asserting, that if such an act was now under discussion for the first time, it would not receive a single vote with the present knowledge which the Senate has of the subject, but, on the contrary, would be cast from it with universal scorn and indignation. He went further: it would now be repealed with like unanimity, were it not that many persons had been placed upon the list under the act, which was still in force, which was felt by many to be a sort of a pledge to pay them until the act was formally repealed. But why should we go further? Why should we keep it alive to let in those who are not yetput upon the list? But one answer could be given, and that one stated by the two senators from Massachusetts, that the act partook of the nature of a contract between the government and the officers, sailors and marines, comprehended within its provisions. There might be some semblance of reason for the few cases which have occurred since the passage of the act; but not the slightest as far as it relates to that more numerous class which occurred before its passage. And yet the amendment keeps the act open for the latter as well as the former. As strong as this objection is to the amendment as it stands, there are others not less so."It introduces new and extraordinary principles into our pension list. It gives pensions for life—yes, beyond—to children for twenty-one years, as well as the widows of the deceased officer, sailor or marine, who may die while in service. It makes no distinction between the death of the gallant and brave in battle, or him who may die quietly in his hammock or his bed on shore, or even him who commits suicide. Nor does it even distinguish between those who have served a long or a short time. The widows and children of all, however short the service, even for a single day, whatever might be the cause of death, are entitled, under this fraudulent act, to receive pensions, the widow for life, and the children for twenty-one years. To let in this undeserving class, to this unmeasured liberality of public bounty, this act is to be kept alive for an indefinite length of time—till the Congress may hereafter choose to repeal it."The object of my amendment, said Mr. C., is to correct this monstrous abuse; and, for this purpose, he proposed so to modify the amendment of the senator from Mississippi, as to exclude all who are not now on the pension roll from receiving pensions under the act of 1837, and also to prevent any one from being put on the navy pension roll hereafter under any act, except those of April 23, 1800, January 20, 1813, and the second section of the act of 30th March, 1814. These acts limit the pensions to the case of officers, sailors and marines, being disabled in the line of their duty, and limit the pensions to their widows and children to five years, even in those meritorious cases. Mr. C. then sent his amendment to the chair. It proposed to strike out all after the word 'now,' and insert, 'the pension roll, under the act of 1837, shall receive their pension till otherwise decided by law, but no one shall hereafter be put on the navy pension roll, under the said act, or any other act, except that of April 23, 1800, and the act of January 24, 1813, and the second section of the act of 3d March, 1814.' The question was then taken on the amendment by a count, and the Chair announced the amendment was lost—ayes 20, noes 21. Mr. Calhoun inquired if the Chair had voted. The Chair said he had voted with the majority. Mr. Buchanan then said he would offer an amendment which he had attempted to get an opportunity of offering in committee. It was to strike out the words 'until otherwise directed by law,' and insert the words 'until the close of the next session of Congress,' so as to limit the operations of the bill to that period. The amendment was adopted, and the amendments to the bill were ordered to be engrossed, and the bill ordered to a third reading."

"There was one point on which all were agreed, that the act in question was not only inexpedient, but something much worse—that it committed something like a fraud upon the pension fund. It is well known to the Senate that that fund was the result of prize money pledged to the use of meritorious officers and sailors who might be disabled in the service of their country. The whole of this fund, amounting to nearly a million and a half of dollars, was swept away by this iniquitous act, that passed on the third of March—the very last day of the session—introduced and carried through by nobody knows who, and for which nobody seems responsible. He ventured nothing in asserting, that if such an act was now under discussion for the first time, it would not receive a single vote with the present knowledge which the Senate has of the subject, but, on the contrary, would be cast from it with universal scorn and indignation. He went further: it would now be repealed with like unanimity, were it not that many persons had been placed upon the list under the act, which was still in force, which was felt by many to be a sort of a pledge to pay them until the act was formally repealed. But why should we go further? Why should we keep it alive to let in those who are not yetput upon the list? But one answer could be given, and that one stated by the two senators from Massachusetts, that the act partook of the nature of a contract between the government and the officers, sailors and marines, comprehended within its provisions. There might be some semblance of reason for the few cases which have occurred since the passage of the act; but not the slightest as far as it relates to that more numerous class which occurred before its passage. And yet the amendment keeps the act open for the latter as well as the former. As strong as this objection is to the amendment as it stands, there are others not less so.

"It introduces new and extraordinary principles into our pension list. It gives pensions for life—yes, beyond—to children for twenty-one years, as well as the widows of the deceased officer, sailor or marine, who may die while in service. It makes no distinction between the death of the gallant and brave in battle, or him who may die quietly in his hammock or his bed on shore, or even him who commits suicide. Nor does it even distinguish between those who have served a long or a short time. The widows and children of all, however short the service, even for a single day, whatever might be the cause of death, are entitled, under this fraudulent act, to receive pensions, the widow for life, and the children for twenty-one years. To let in this undeserving class, to this unmeasured liberality of public bounty, this act is to be kept alive for an indefinite length of time—till the Congress may hereafter choose to repeal it.

"The object of my amendment, said Mr. C., is to correct this monstrous abuse; and, for this purpose, he proposed so to modify the amendment of the senator from Mississippi, as to exclude all who are not now on the pension roll from receiving pensions under the act of 1837, and also to prevent any one from being put on the navy pension roll hereafter under any act, except those of April 23, 1800, January 20, 1813, and the second section of the act of 30th March, 1814. These acts limit the pensions to the case of officers, sailors and marines, being disabled in the line of their duty, and limit the pensions to their widows and children to five years, even in those meritorious cases. Mr. C. then sent his amendment to the chair. It proposed to strike out all after the word 'now,' and insert, 'the pension roll, under the act of 1837, shall receive their pension till otherwise decided by law, but no one shall hereafter be put on the navy pension roll, under the said act, or any other act, except that of April 23, 1800, and the act of January 24, 1813, and the second section of the act of 3d March, 1814.' The question was then taken on the amendment by a count, and the Chair announced the amendment was lost—ayes 20, noes 21. Mr. Calhoun inquired if the Chair had voted. The Chair said he had voted with the majority. Mr. Buchanan then said he would offer an amendment which he had attempted to get an opportunity of offering in committee. It was to strike out the words 'until otherwise directed by law,' and insert the words 'until the close of the next session of Congress,' so as to limit the operations of the bill to that period. The amendment was adopted, and the amendments to the bill were ordered to be engrossed, and the bill ordered to a third reading."

Mr. Pierce having been long a member of the Pension Committee had seen the abuses to which our pension laws gave rise, and spoke decidedly against their abuse—and especially in the naval branch of the service. He said:

"There were cases of officers receiving pay for full disability, when in command of line-of-battle ships. The law of 1837 gave pay to officers from the time of their disability. He had been long enough connected with the Pension Committee to understand something of it. He had now in his drawer more than fifty letters from officers of the army, neither begging nor imploring, but demanding to be placed on the same footing with the navy in regard to pensions. He thought, on his conscience, that the pension system of this country was the worst on the face of the earth, and that they could never have either an army or a navy until there were reforms of more things than pensions. He pointed to the military academy, appointments to which rested on the influence that could be brought to bear by both Houses of Congress. He had looked on thatscientific institution, from which no army would ever have a commander while West Point was in the ascendency; and he would tell why. The principles on which Frederick the Great and Napoleon acted were those to make soldiers—where merit was, reward always followed, but had they not witnessed cases of men of character, courage, and capacity, asking, from day to day, in vain for the humble rank of third lieutenant in your army, who would be glad to have such appointments? I know (said Mr. P.) a man who, at the battle of theWithlacoochie, had he performed the same service under Napoleon, would have received abaton. But in ours what did he get? Three times did that gallant fellow, with his arm broken and hanging at his side, charge the Indians, and drive them from their hammocks, where they were intrenched. The poor sergeant staid in the service until his time expired, and that was all he got for his gallantry and disinterestedness. Such instances of neglect would upset any service, destroy all emulation, and check all proper pride and ambition in subordinates. If ever they were to have a good army or navy, they must promote merit in both branches of service, as every truly greatgeneral had done, and every wise government ought to do."

In the House of Representatives an instructive debate took place, chiefly between Mr. Adams, and Mr. Francis Thomas, of Maryland, in which the origin and course of the act was somewhat traced—enough to find out that it was passed in the Senate upon the faith of a committee, without any discussion in the body; and in the House by the previous question, cutting off all debate; and so quietly and rapidly as to escape the knowledge of the most vigilant members—the knowledge of Mr. Adams himself, proverbially diligent. In the course of his remarks he (Mr. Adams) said:

"Upwards of $1,200,000 in the year 1837, constituting that fund, had been accumulating for a number of years. What had become of it, if the fund was exhausted? It was wasted—it was gone. And what was it gone for? Gentlemen would tell the House that it had gone to pay those pensioners not provided for by the 8th and 9th sections of the act which had been read—the act of 1800; but to provide for the payment of others, their wives and children; and their cousins, uncles and aunts, for aught he knew—provided for by the act of 1837. It was gone. Now, he wished gentlemen who were so much attached to theeconomiesof the present administration, to make a little comparison between the condition of the fund now and its condition in 1837, when the sum of $1,200,000 had accumulated—from the interest of which all the pensions designated in the act of 1800 were to have been paid. In the space of three little years, this fund of $1,200,000 (carrying an interest of $70,000) was totally gone—absorbed—not a dollar of it left. Yes: there were some State stocks, to be sure; about $18,000 or less; but they were unsaleable; and it was because they were unsaleable that this appropriation, in part, was wanted. How came this act of 1837 to have passed Congress? Because he saw, from the ground taken by the chairman of the committee on naval affairs, that it was Congress that had been guilty of this waste of the public money; the President had nothing to do with it—the administration had nothing to do with it. How, he asked, was this law of 1837 passed? Would the Chairman of the Committee on Naval Affairs tell the House how it had been passed; by whom it had been brought in and supported; and in what manner it had been carried through both Houses of Congress? If he would, we should then hear whether it came from whigs; or from economists, retrenchers, and reformers."

Mr. Francis Thomas, now the Chairman of the Committee on Naval Affairs, in answer to Mr. Adams's inquiry, as to who were the authors of this act of 1837, stated that

"It had been reported to the Senate by the honorable Mr. Robinson, of Illinois, and sent to the Committee on Naval Affairs, of which Mr. Southard was a member, and he had reported the bill to the Senate, by whom it had been passed without a division. The Senate bill coming into the House, had been referred to the Committee on Naval Affairs, in the House. Mr. T. read the names of this committee, among which that of Mr. Wise was one. The bill had been ordered to its third reading without a division, and passed by the House without amendment."Mr. Wise explained, stating that, though his name appeared on the naval committee, he was not responsible for the bill. He was at that time but nominally one of the committee—his attention was directed elsewhere—he had other fish to fry—and could no longer attend to the business of that committee [of which he had previously been an active member], being appointed on another, which occupied his time and thoughts."

"Mr. Wise explained, stating that, though his name appeared on the naval committee, he was not responsible for the bill. He was at that time but nominally one of the committee—his attention was directed elsewhere—he had other fish to fry—and could no longer attend to the business of that committee [of which he had previously been an active member], being appointed on another, which occupied his time and thoughts."

Mr. Adams, while condemning the act of 1837, would not now refuse to pay the pensioners out of the Treasury. He continued:

"When the act of 1837 was before Congress then was the time to have inquired whether these persons were fairly entitled to such a pension—whether Congress was bound to provide for widows and children, and for relatives in the seventh degree (for aught he knew). But that was not now the inquiry. He thought that, by looking at the journals, gentlemen would see that the bill was passed through under the previous question, or something of that kind. He was in the House, but he could not say how it passed. He was not conscious of it; and the discussion must have been put down in the way in which such things were usually done in this House—by clapping the previous question upon it. No questions were asked; and that was the way in which the bill passed. He did not think he could tell the whole story; but he thought it very probable that there were those in this House who could tell if they would, and who could tell what private interests were provided for in it. He had not been able to look quite far enough behind the curtain to know these things, but he knew that the bill was passed in a way quite common since the reign of reform commenced in squandering away the public treasure.Thathe affirmed, and the Chairman of the Committee on Naval Affairs would not, he thought, undertake to contradict it. So much for that."

Mr. Adams showed that a further loss had been sustained under this pension act of 1837, under the conduct of the House itself, at theprevious session, in refusing to consider a message from the President, and in refusing to introduce a resolution to show the loss which was about to be sustained. At that time there was a part of this naval pension fund ($153,000) still on hand, but it was in stocks, greatly depreciated; and the President sent in a report from the Secretary of the Navy, that $50,000 was wanted for the half-yearly payments due the first of July; and, if not appropriated by Congress, the stocks must be sold for what they would bring. On this head, he said:

"Towards the close of the last session of Congress, a message was transmitted by the President, covering a communication from the Secretary of the Navy, suggesting that an appropriation of $50,000 was necessary to meet the payment of pensions coming due on the 1st of July last. The message was sent on the 19th of June, and there was in it a letter from the Secretary of the Navy, stating that the sum of $50,000 was required to pay pensions coming due on the then 1st of July, and that it was found impracticable to effect a sale of the stocks belonging to the fund, even at considerable loss, in time to meet the payment. What did the House do with that message? It had no time to consider it; and then it was that he had offered his resolutions. But the House would not receive them—would not allow them to be read. The time of payment came—and sacrifices of the stocks were made, which were absolutely indispensable so long as the House would not make the payment. And that $50,000 was one of the demonstrations and reductions from the expenditures of 1840, about which the President and the Secretary of the Treasury were congratulating themselves and the country. They called for the $50,000. They told the House that if that sum was not appropriated, it would be necessary to make great sacrifices. Yet the House refused to consider the subject at all."He had desired a long time to say this much to the House; and he said it now, although a littleoutof order, because he had never been allowed to say itinorder. At the last session the House would not hear him upon any thing; and it was that consideration which induced him to offer the resolutions he had read, and which gave something like a sample of these things. He offered them after the very message calling for $50,000 for this very object, had come in. But no, it was not in order, and there was a gentleman here who cried out "I object!" He (Mr. A.) was not heard by the House, but he had now been heard; and he hoped that when he should again offer these resolutions, as he wished to do, they might at least be allowed to go on the journal as a record, to show that such propositions had been offered. Those resolutions went utterly and entirely against the system of purchasing State bonds above par, and selling them fifty or sixty per cent. below par."

"He had desired a long time to say this much to the House; and he said it now, although a littleoutof order, because he had never been allowed to say itinorder. At the last session the House would not hear him upon any thing; and it was that consideration which induced him to offer the resolutions he had read, and which gave something like a sample of these things. He offered them after the very message calling for $50,000 for this very object, had come in. But no, it was not in order, and there was a gentleman here who cried out "I object!" He (Mr. A.) was not heard by the House, but he had now been heard; and he hoped that when he should again offer these resolutions, as he wished to do, they might at least be allowed to go on the journal as a record, to show that such propositions had been offered. Those resolutions went utterly and entirely against the system of purchasing State bonds above par, and selling them fifty or sixty per cent. below par."

These debates are instructive, as showing in what manner legislation can be carried on, under the silencing process of the previous question. Here was a bill, slipped through the House, without the knowledge of its vigilant members, by which a fund of one million two hundred thousand dollars was squandered at once, and a charge of about $100,000 per annum put upon the Treasury to supply the place of the squandered fund, to continue during the lives of the pensioners, so far as they were widows or invalids, and until twenty-one years of age, so far as they were children. And it is remarkable that no one took notice of the pregnant insinuation of Mr. Adams, equivalent to an affirmation, that, although he could not tell the whole story of the passage of the act of 1837, there were others in the House who could, if they would; and also could tell what private interests were provided for.

No branch of the public service requires the reforming and retrenching hand of Congress more than the naval, now costing (ocean steam mail lines included) above eighteen millions of dollars: to be precise—$18,586,547, and 41 cents; and exclusive of the coast survey, about $400,000 more; and exclusive of the naval pensions. The civil, diplomatic, and miscellaneous branch is frightful, now amounting to $17,255,929 and 59 cents: and the military, also, now counting $12,571,496 and 64 cents (not including the pensions). Both these branches cry aloud for retrenchment and reform; but not equally with the naval—which stands the least chance to receive it. The navy, being a maritime establishment, has been considered a branch of service with which members from the interior were supposed to have but little acquaintance; and, consequently, but little right of interference. I have seen many eyes open wide, when a member from the interior would presume to speak upon it. By consequence, it has fallen chiefly under the management of members from the sea-coast—the tide-water districts of the Atlantic coast: where there is an interest in its growth, and also in its abuses. Seven navy yards (while Great Britain has but two); the constant building and equally constant repairing and altering vessels;their renewed equipment; the enlistment and discharge of crews; the schools and hospitals; the dry docks and wet docks; the congregation of officers ashore; and the ample pension list: all these make an expenditure, perennial and enormous, and always increasing, creates a powerful interest in favor of every proposition to spend money on the navy—especially in the north-east, where the bulk of the money goes; and an interest not confined to the members of Congress from those districts, but including a powerful lobby force, supplied with the arguments which deceive many, and the means which seduce more. While this management remains local, reform and retrenchment are not to be expected; nor could any member accomplish any thing without the support and countenance of an administration. Besides a local interest, potential on the subject, against reform, party spirit, or policy, opposes the same obstacle. The navy has been, and still is, to some degree, a party question—one party assuming to be its guardian and protector; and defending abuses to sustain that character. So far as this question goes to thedegree, andkindof a navy—whether fleets to fight battles for the dominion of the seas, or cruisers to protect commerce—it is a fair question, on which parties may differ: but as to abuse and extravagance, there should be no difference. And yet what but abuse—what but headlong, wilful, and irresponsible extravagance, could carry up our naval expenditure to 18 millions of dollars, in time of peace, without a ship of the line afloat! and without vessels enough to perform current service, without hiring and purchasing!

Great Britain has a home squadron, and that results from her geographical structure as a cluster of islands, often invaded, more frequently threatened, and always liable to sudden descents upon some part of her coast, resulting from her proximity to continental Europe, and engaged as principal or ally in almost all the wars of that continent. A fleet for home purposes, to cruise continually along her coasts, and to watch the neighboring coasts of her often enemies, was, then, a necessity of her insular position. Not so with the United States. We are not an island, but a continent, geographically remote from Europe, and politically still more so—unconnected with the wars of Europe—having but few of our own; having but little cause to expect descents and invasions, and but little to fear from them, if they came. Piracy had disappeared from the West Indies twenty years before. We had then no need for a home squadron. But Great Britain had one; and therefore we must. That was the true reason, with the desire for a great navy, cherished by the party opposed to the democracy (no matter under what name), and now dominant in all the departments of the government, for the creation of a home squadron at this session. The Secretary of the Navy and the navy board recommended it: Mr. Thomas Butler King, from the Naval Committee of the House, reported a bill for it, elaborately recommended in a most ample report: the two Houses passed it: the President approved it: and thus, at this extra session, was fastened upon the country a supernumerary fleet of two frigates, two sloops, two schooners, and two armed steamers: for the annual subsistence and repairs of which, about nine hundred thousand dollars were appropriated. This was fifteen years ago; and the country has yet to hear of the first want, the first service, rendered by this domestic squadron. In the mean time, it furnishes comfortable pay and subsistence, and commodious living about home, to some considerable number of officers and men.

But the ample report which was drawn up, and of which five thousand extra copies were printed, and the speeches delivered in its favor were bound to produce reasons for this new precaution against the danger of invasion, now to be provided after threescore years of existence without it, and when we had grown too strong, and too well covered our maritime cities with fortresses, to dread the descent of any enemy. Reasons were necessary to be given, and were; in which the British example, of course, was omitted. But reasons were given (in addition to the main object of defence), as that it would be a school for the instructionof the young midshipmen; and that it would give employment to many junior officers then idle in the cities. With respect to the first of these reasons it was believed by some that the merchant service was the best school in which a naval officer was ever trained; and with respect to the idle officers, that the true remedy was not to create so many. The sum appropriated by the bill was in gross—so much for all the different objects named in the bill, without saying how much for each. This was objected to by Mr. McKay of North Carolina, as being contrary to democratic practice, which required specific appropriations; also as being a mere disguise for an increase of the navy; and further that it was not competent for Congress to limit the employment of a navy. He said:

"That the bill before the committee proposed to appropriate a gross sum to effect the object in view, which he deemed a departure from the wholesome rule heretofore observed in making appropriations. It was known to all that since the political revolution of 1800, which placed the democratic party in power, the doctrine had generally prevailed, that all our appropriations should be specific. Now he would suggest to the chairman whether it would not be better to pursue that course in the present instance. Here Mr. McKay enumerated the different items of expenditure to be provided for in the bill, and named the specific sum for each. This was the form, he said, in which all our naval appropriation bills had heretofore passed. He saw no reason for a departure from this wholesome practice in this instance—a practice which was the best and most effectual means of securing the accountability of our disbursing officers. There was another suggestion he would throw out for the consideration of the chairman, and he thought it possessed some weight. This bill purported to be for the establishment of a home squadron, but he looked upon it as nothing more nor less than for the increase of the navy. Again, could Congress be asked to direct the manner in which this squadron, after it was fitted out, should be employed? It was true that by the constitution, Congress alone was authorized to build and fit out a navy, but the President was the commander-in-chief, and had alone the power to direct how and where it should be employed. The title of this bill, therefore, should be 'a bill to increase the navy,' for it would not be imperative on the President to employ this squadron on our coasts. Mr. M. said he did not rise to enter into a long discussion, but merely to suggest to the consideration of the chairman of the committee, the propriety of making the appropriations in the bill specific.""Mr.Wisesaid that he agreed entirely with the gentleman from North Carolina as to the doctrine of specific appropriations; and if he supposed that this bill violated that salutary principle he should be willing to amend it. But it did not; it declared a specific object, for which the money was given. He did not see the necessity of going into all the items which made up the sum. That Congress had no power to ordain that a portion of the navy should be always retained upon the coast as a home squadron, was to him a new doctrine. The bill did not say that these vessels should never be sent any where else.""Mr.McKayinsisted on the ground he had taken, and went into a very handsome eulogy on the principle of specific appropriations of the public money, as giving to the people the only security they had for the proper and the economical use of their money; but this, by the present shape of the bill, they would entirely be deprived of. The bill might be modified with the utmost ease, but he should move no amendments."

"Mr.Wisesaid that he agreed entirely with the gentleman from North Carolina as to the doctrine of specific appropriations; and if he supposed that this bill violated that salutary principle he should be willing to amend it. But it did not; it declared a specific object, for which the money was given. He did not see the necessity of going into all the items which made up the sum. That Congress had no power to ordain that a portion of the navy should be always retained upon the coast as a home squadron, was to him a new doctrine. The bill did not say that these vessels should never be sent any where else."

"Mr.McKayinsisted on the ground he had taken, and went into a very handsome eulogy on the principle of specific appropriations of the public money, as giving to the people the only security they had for the proper and the economical use of their money; but this, by the present shape of the bill, they would entirely be deprived of. The bill might be modified with the utmost ease, but he should move no amendments."

Mr. Thomas Butler King, the reporter of the bill, entered largely into its support, and made some comparative statements to show that much money had been expended heretofore on the navy with very inadequate results in getting guns afloat, going as high as eight millions of dollars in a year and floating but five hundred and fifty guns; and claimed an improvement now, as, for seven millions and a third they would float one thousand and seventy guns. Mr. King then said:

"He had heard much about the abuse and misapplication of moneys appropriated for the navy, and he believed it all to be true. To illustrate the truth of the charge, he would refer to the table already quoted, showing on one hand the appropriations made, and on the other the results thereby obtained. In 1800 there had been an appropriation of $2,704,148, and we had then 876 guns afloat; while in 1836, with an appropriation of $7,011,055, we had but 462 guns afloat. In 1841, with an appropriation of a little overthreemillions, we had 836 guns afloat; and in 1838, with an appropriation of overeightmillions, we had but 554 guns afloat. These facts were sufficient to show how enormous must have been the abuses somewhere."

Mr. King also gave a statement of the French and British navies, and showed their great strength, in order to encourage our own building of a great navy to be able to cope with them on the ocean. He

"Alluded to the change which had manifested itself in the naval policy of Great Britain, in regard to a substitution of steam power for ordinary ships of war. He stated the enumeration of the British fleet, in 1840, to be as follows: ships of the line, 105; vessels of a lower grade, in all, 403; and war steamers, 87. The number of steamers had since then been stated at 300. The French navy, in 1840, consisted of 23 ships of the line, 180 lesser vessels, and 36 steamers; besides which, there had been, at that time, eight more steamers on the stocks. These vessels could be propelled by steam across the Atlantic in twelve or fourteen days. What would be the condition of the lives and property of our people, if encountered by a force of this description, without a gun to defend themselves?"

Lines of railroad, with their steam-cars, had not, at that time, taken such extension and multiplication as to be taken into the account for national defence. Now troops can come from the geographical centre of Missouri in about sixty hours (summoned by the electric telegraph in a few minutes), and arrive at almost any point on the Atlantic coast; and from all the intermediate States in a proportionately less time. The railroad, and the electric telegraph, have opened a new era in defensive war, and especially for the United States, superseding old ideas, and depriving invasion of all alarm. But the bill was passed—almost unanimously—only eight votes against it in the House; namely: Linn Boyd of Kentucky; Walter Coles of Virginia; John G. Floyd of New York; William O. Goode of Virginia; Cave Johnson, Abraham McClelland, and Hopkins L. Turney of Tennessee; and John Thompson Mason of Maryland. It passed the Senate without yeas and nays.

A part of the report in favor of the home squadron was also a recommendation to extend assistance out of the public treasury to the establishment of private lines of ocean steamers, adapted to war purposes; and in conformity to it Mr. King moved this resolution:

"Resolved, That the Secretary of the Navy is hereby directed to inquire into the expediency of aiding individuals or companies in our establishment of lines of armed steamers between some of our principal Northern and Southern ports, and to foreign ports; to advertise for proposals for the establishment of such lines as he may deem most important and practicable; and to report to this House at the next session of Congress."

This resolution was adopted, and laid the foundation for those annual enormous appropriations for private lines of ocean steamers which have subjected many members of Congress to such odious imputations, and which has taken, and is taking, so many millions of the public money to enable individuals to break down competition, and enrich themselves at the public expense. It was a measure worthy to go with the home squadron, and the worst of the two—each a useless waste of money; and each illustrating the difficulty, and almost total impossibility, of getting rid of bad measures when once passed, and an interest created for them.

Mr.Bentonthen proposed the following amendment:

"And be it further enacted, That each and every of said banks be, and they are hereby, expressly prohibited from issuing or paying out, under any pretence whatever, any bill, note, or other paper, designed or intended to be used and circulated as money, of a less denomination than five dollars, or of any denomination between five and ten dollars, after one year from the passage of this bill; or between ten and twenty dollars, after two years from the same time; and for any violation of the provisions of this section, or for issuing or paying out the notes of any bank in a state of suspension, its own inclusive, the offending bank shall incur all the penalties and forfeitures to be provided and directed by the first section of this act for the case of suspension or refusal to pay in specie; to be enforced in like manner as is directed by that section."

Mr.Benton. The design of the amendment is to suppress two great evils in our banking system: the evil of small notes, and that of banks combining to sustain each other in a state of suspension. Small notes are a curse in themselves to honest, respectable banks, and lead to their embarrassment, whether issued by themselves or others. They go into hands of laboring people, and become greatly diffused, and give rise to panics; and when a panic is raised it cannot be stopped among the holders of these small notes. Their multitudinous holders cannotgo into the counting-room to examine assets, and ascertain an ultimate ability. They rush to the counter, and demand pay. They assemble in crowds, and spread alarm. When started, the alarm becomes contagious—makes a run upon all banks; and overturns the good as well as the bad. Small notes are a curse to all good banks. They are the cause of suspensions. When the Bank of England commenced operations, she issued no notes of a less denomination than one hundred pounds sterling; and when the notes were paid into the Bank, they were cancelled and destroyed. But in the course of one hundred and three years, she worked down from one hundred pound notes to one pound notes. And when did they commence reducing the amount of their notes? During the administration of Sir Robert Walpole. When the notes got down to one pound, specie was driven from circulation, and went to France and Holland, and a suspension of six and twenty years followed.

They are a curse to all good banks in another way: they banish gold and silver from the country: and when that is banished the foundation which supports the bank is removed: and the bank itself must come tumbling down. While there is gold and silver in the country—in common circulation—banks will be but little called upon for it: and if pressed can get assistance from their customers. But when it is banished the country, they alone are called upon, and get no help if hard run. All good banks should be against small notes on their own account.

These small notes are a curse to the public. They are the great source of counterfeiting. Look at any price current, and behold the catalogue of the counterfeits. They are almost all on the small denominations—under twenty dollars. And this counterfeiting, besides being a crime in itself, leads to crimes—to a general demoralization in passing them. Holders cannot afford to lose them: they cannot trace out the person from whom they got them. They gave value for them; and pass them to somebody—generally the most meritorious and least able to bear the loss—the day-laborer. Finally, they stop in somebody's hands—generally in the hands of a working man or woman.

Why are banks so fond of issuing these small notes? Why, in the first place, banks of high character are against them: it is only the predatory class that are for them: and, unfortunately, they are a numerous progeny. It is in vain they say they issue them for public accommodation. The public would be much better accommodated with silver dollars, gold dollars—with half, whole, double, and quarter eagles—whereof they would have enough if these predatory notes were suppressed. No! they are issued for profit—for dishonest profit—for the shameful and criminal purpose of getting something for nothing. It is for the wear and tear of these little pilfering messengers! for their loss in the hands of somebody! which loss is the banker's gain! the gain of a day's or a week's work from a poor man, or woman, for nothing. Shame on such a spirit, and criminal punishment on it besides. But although the gains are small individually, and in the petty larceny spirit, yet the aggregate is great; and enters into the regular calculation of profit in these paper money machines; and counts in the end. There is always a large per centum of these notes outstanding—never to come back. When, at the end of twenty-five years, Parliament repealed the privilege granted to the Bank of England to issue notes under five pounds, a large amount were outstanding; and though the repeal took place more than twenty years ago, yet every quarterly return of the Bank now shows that millions of these notes are still outstanding, which are lost or destroyed, and never will be presented. The Bank of England does not now issue any note under five pounds sterling: nor any other bank in England. The large banks repulsed the privilege for themselves, and got it denied to all the small class. To carry the iniquity of these pillaging little notes to the highest point, and to make them open swindlers, is to issue them at one place, redeemable at another. That is to double the cheat—to multiply the chance of losing the little plunderer by sending him abroad, and to get a chance of "shaving" him in if he does not go.

The statistics of crime in Great Britain show, that of all the counterfeiting of bank bills and paper securities in that kingdom, more is counterfeited on notes under five pounds than over and it is the same in this country. On whom does the loss of these counterfeit notes fall? On the poor and the ignorant—the laborer and the mechanic. Hence these banks inflict a doubleinjury on the poorer classes; and of all the evils of the banking system, the most revolting is its imposing unequal burdens on that portion of the people the least able to bear them.

Mr. B. then instanced a case in point of an Insurance Company in St. Louis, which, in violation of law, assumed banking privileges, and circulated to a large extent the notes of a suspended bank. Up to Saturday night these notes were paid out from its counter, and the working man and mechanics of St. Louis were paid their week's wages in them. Well, when Monday morning came, the Insurance Company refused to receive one of them, and they fell at once to fifty cents on the dollar. Thus the laborer and the mechanic had three days of their labor annihilated, or had worked three days for the exclusive benefit of those who had swindled them; and all this by a bank having power to receive or refuse what paper they please, and when they please. And the Senate are now called upon to confer the same privilege upon the banks of this district.

Mr. B. said it was against the immutable principles of justice—in opposition to God's most holy canon, to make a thing of value to-day, which will be of none to-morrow. You might as well permit the dry goods merchant to call his yard measure three yards, or the grocer to call his quart three quarts, as to permit the banker to call his dollar three dollars. There is no difference in principle, though more subtle in the manner of doing it. Money is the standard of value, as the yard, and the gallon, and the pound weight, were the standards of measure.

When he proposed the amendment, he considered it a proper opportunity to bring before the people of the United States the great question, whether they should have an exclusive paper currency or not. He wished to call their attention to this war upon the currency of the constitution—a war unremitting and merciless—to establish in this country an exclusive paper currency. This war to subvert the gold and silver currency of the constitution, is waged by that party who vilify your branch mints, ridicule gold, ridicule silver, go for banks at all times and at all places; and go for a paper circulation down to notes of six and a quarter cents. He rejoiced that this question was presented in that body, on a platform so high that every American can see it—the question of a sound or depreciated currency. He was glad to see the advocates of banks, State and national, show their hand on this question.

To hear these paper-money advocates celebrate their idols—for they really seem to worship bank notes—and the smaller and meaner the better—one would be tempted to think that bank notes were the ancient and universal currency of the world, and that gold and silver were a modern invention—an innovation—an experiment—the device of some quack, who deserved no better answer than to be called humbug. To hear them discoursing of "sound banks," and "sound circulating medium," one would suppose that they considered gold and silver unsound, and subject to disease, rottenness, and death. But, why do they apply this phrase "sound" to banks and their currency? It is a phrase never applied to any thing which is not subject to unsoundness—to disease—to rottenness—to death. The very phrase brings up the idea of something subject to unsoundness; and that is true of banks of circulation and their currency: but it is not true of gold and silver: and the phrase is never applied to them. No one speaks of the gold or silver currency as being sound, and for the reason that no one ever heard of it as rotten.

Young merchants, and some old ones, think there is no living without banks—no transacting business without a paper money currency. Have these persons ever heard of Holland, where there are merchants dealing in tens of millions, and all of it in gold and silver? Have they ever heard of Liverpool and Manchester, where there was no bank of circulation, not even a branch of the Bank of England; and whose immense operations were carried on exclusively upon gold and the commercial bill of exchange? Have they ever heard of France, where the currency amounts to four hundred and fifty millions of dollars, and it all hard money? For, although the Bank of France has notes of one hundred and five hundred, and one thousand francs, they are not used as currency but as convenient bills of exchange, for remittance, or travelling. Have they ever heard of the armies, and merchants, and imperial courts of antiquity? Were the Roman armies paid with paper? did the merchant princes deal in paper? Was Nineveh and Babylon built on paper? Was Solomon'stemple so built? And yet, according to these paper-money idolaters, we cannot pay a handful of militia without paper! cannot open a dry goods store in a shanty without paper! cannot build a house without paper! cannot build a village of log houses in the woods, or a street of shanties in a suburb, without a bank in their midst! This is real humbuggery; and for which the industrial classes—the whole working population, have to pay an enormous price. Does any one calculate the cost to the people of banking in our country? how many costly edifices have to be built? what an army of officers have to be maintained? what daily expenses have to be incurred? how many stockholders must get profits? in a word, what a vast sum a bank lays out before it begins to make its half yearly dividend of four or five per centum, leaving a surplus—all to come out of the productive classes of the people? And after that comes the losses by the wear and tear of small notes—by suspensions and breakings—by expansions and contractions—by making money scarce when they want to buy, and plenty when they want to sell. We talk of standing armies in Europe, living on the people: we have an army of bank officers here doing the same. We talk of European taxes; the banks tax us here as much as kings tax their subjects. And this district is crying out for banks. It has six, and wants them rechartered—Congress all the time spending more hard money among them than they can use. They had twelve banks: and what did they have to do? Send to Holland, where there is not a single bank of circulation, to borrow one million of dollars in gold, which they got at five per centum per annum; and then could not pay the interest. At the end of the third year the interest could not be paid; and Congress had to pay it to save the whole corporate effects of the city from being sold—sold to the Dutch, because the Dutch had no banks. And sold it would have been if Congress had not put up the money: for the distress warrant was out, and was to be levied in thirty days. Then what does this city want with banks of circulation? She has no use for them; but I only propose to make them a little safer by suppressing their small notes, and preventing them from dealing in the depreciated notes of suspended, or broken banks.

The revolt which took place in Canada in the winter of 1837-'8 led to consequences which tried the firmness of the administration, and also tried the action of our duplicate form of government in its relations with foreign powers. The revolt commenced imposingly, with a large show of disjointed forces, gaining advantages at the start; but was soon checked by the regular local troops. The French population, being the majority of the people, were chiefly its promoters, with some emigrants from the United States; and when defeated they took refuge on an island in the Niagara River on the British side, near the Canadian coast, and were collecting men and supplies from the United States to renew the contest. From the beginning an intense feeling in behalf of the insurgents manifested itself all along the United States border, upon a line of a thousand miles—from Vermont to Michigan. As soon as blood began to flow on the Canadian side, this feeling broke out into acts on the American side, and into organization for the assistance of the revolting party—the patriots, as they were called. Men assembled and enrolled, formed themselves into companies and battalions, appointed officers—even generals—issued proclamations—forced the public stores and supplied themselves with arms and ammunition: and were certainly assembling in sufficient numbers to have enabled the insurgents to make successful head against any British forces then in the provinces. The whole border line was in a state of excitement and commotion—many determined to cross over, and assist—many more willing to see the assistance given: the smaller part only discountenanced the proceeding and wished to preserve the relations which the laws of the country, and the duties of good neighborhood, required. To the Canadian authorities these movements on the American side were the cause of the deepest solicitude; and not without reason: for the numbers, the inflamed feeling, and the determined temper of these auxiliaries, presented a force impossible for the Canadian authorities toresist, if dashing upon them, and difficult for their own government to restrain. From the first demonstration, and without waiting for any request from the British minister at Washington (Mr.Fox), the President took the steps which showed his determination to have the laws of neutrality respected. A proclamation was immediately issued, admonishing and commanding all citizens to desist from such illegal proceedings, and threatening the guilty with the utmost penalties of the law. But the President knew full well that it was not a case in which a proclamation, and a threat, were to have efficacy; and he took care to add material means to his words. Instructions were issued to all the federal law officers along the border, the marshals and district attorneys, to be vigilant in making arrests: and many were made, and prosecutions instituted. He called upon the governors of the border States to aid in suppressing the illegal movement: which they did. And to these he added all the military and naval resources which could be collected. Major-general Scott was sent to the line, with every disposable regular soldier, and with authority to call on the governors of New York and Michigan for militia and volunteers: several steamboats were chartered on Lake Erie, placed under the command of naval officers, well manned with regular soldiers, and ordered to watch the lake.

The fidelity, and even sternness with which all these lawless expeditions from the United States, were repressed and rebuked by President Van Buren, were shown by him in his last communication to Congress on the subject; in which he said:

"Information has been given to me, derived from official and other sources, that many citizens of the United States have associated together to make hostile incursions from our territory into Canada, and to aid and abet insurrection there, in violation of the obligations and laws of the United States, and in open disregard of their own duties as citizens."The results of these criminal assaults upon the peace and order of a neighboring country have been, as was to be expected, fatally destructive to the misguided or deluded persons engaged in them, and highly injurious to those in whose behalf they are professed to have been undertaken. The authorities in Canada, from intelligence received of such intended movements among our citizens, have felt themselves obliged to take precautionary measures against them; have actually embodied the militia, and assumed an attitude to repel the invasion to which they believed the colonies were exposed from the United States. A state of feeling on both sides of the frontier has thus been produced, which called for prompt and vigorous interference. If an insurrection existed in Canada, the amicable dispositions of the United States towards Great Britain, as well as their duty to themselves, would lead them to maintain a strict neutrality, and to restrain their citizens from all violations of the laws which have been passed for its enforcement. But this government recognizes a still higher obligation to repress all attempts on the part of its citizens to disturb the peace of a country where order prevails, or has been re-established. Depredations by our citizens upon nations at peace with the United States, or combinations for committing them, have at all times been regarded by the American government and people with the greatest abhorrence. Military incursions by our citizens into countries so situated, and the commission of acts of violence on the members thereof, in order to effect a change in its government, or under any pretext whatever, have, from the commencement of our government, been held equally criminal on the part of those engaged in them, and as much deserving of punishment as would be the disturbance of the public peace by the perpetration of similar acts within our own territory."

"The results of these criminal assaults upon the peace and order of a neighboring country have been, as was to be expected, fatally destructive to the misguided or deluded persons engaged in them, and highly injurious to those in whose behalf they are professed to have been undertaken. The authorities in Canada, from intelligence received of such intended movements among our citizens, have felt themselves obliged to take precautionary measures against them; have actually embodied the militia, and assumed an attitude to repel the invasion to which they believed the colonies were exposed from the United States. A state of feeling on both sides of the frontier has thus been produced, which called for prompt and vigorous interference. If an insurrection existed in Canada, the amicable dispositions of the United States towards Great Britain, as well as their duty to themselves, would lead them to maintain a strict neutrality, and to restrain their citizens from all violations of the laws which have been passed for its enforcement. But this government recognizes a still higher obligation to repress all attempts on the part of its citizens to disturb the peace of a country where order prevails, or has been re-established. Depredations by our citizens upon nations at peace with the United States, or combinations for committing them, have at all times been regarded by the American government and people with the greatest abhorrence. Military incursions by our citizens into countries so situated, and the commission of acts of violence on the members thereof, in order to effect a change in its government, or under any pretext whatever, have, from the commencement of our government, been held equally criminal on the part of those engaged in them, and as much deserving of punishment as would be the disturbance of the public peace by the perpetration of similar acts within our own territory."

By these energetic means, invasions from the American side were prevented; and in a contest with the British regulars and the local troops, the disjointed insurgents, though numerous, were overpowered—dispersed—subjected—or driven out of Canada. Mr. Van Buren had discharged the duties of neutrality most faithfully, not merely in obedience to treaties and the law of nations, but from a high conviction of what was right and proper in itself, and necessary to the well-being of his own country as well as that of a neighboring power. Interruption of friendly intercourse with Great Britain, would be an evil itself, even if limited to such interruption: but the peace of the United States might be endangered: and it was not to be tolerated that bands of disorderly citizens should bring on war. He had done all that the laws, and all that a sense of right and justice required—and successfully, to the repression of hostile movements—and to the satisfaction of the British authorities. Faithfully and ably seconded by his Secretary of State (Mr. Forsyth), and by his Attorney-general (Mr. Gilpin), he succeeded in preserving our neutral relations in themost trying circumstances to which they had ever been exposed, and at large cost of personal popularity to himself: for the sympathy of the border States resented his so earnest interference to prevent aid to the insurgents.

The whole affair was over, and happily, when a most unexpected occurrence revived the difficulty—gave it a new turn—and made the soil of the United States itself, the scene of invasion—of bloodshed—of conflagration—and of abduction. Some remnant of the dispersed insurgents had taken refuge on Navy Island, near the Canadian shore; and reinforced by some Americans, were making a stand there, and threatening a descent upon the British colonies. Their whole number has been ascertained to have been no more than some five hundred—but magnified by rumor at the time to as many thousands. A small steamboat from the American side, owned by a citizen of the United States, was in the habit of carrying men and supplies to this assemblage on the island. Her practices became known to the British military authorities, encamped with some thousand men at Chippewa, opposite the island; and it was determined to take her in the fact, and destroy her. It was then the last of December. A night expedition of boats was fitted out to attack this vessel, moored to the island; but not finding her there, the vessel was sought for in her own waters—found moored to the American shore; and there attacked and destroyed. The news of this outrage was immediately communicated to the President, and by him made known to Congress in a special message—accompanied by the evidence on which the information rested, and by a statement of the steps which the President had taken in consequence. The principal evidence was from the master of the boat—her name, the Caroline—and Schlosser, on the American shore, her home and harbor. After admitting that the boat had been employed in carrying men and supplies to the assemblage on Navy Island, his affidavit continues:

"That from this point the Caroline ran to Schlosser, arriving there at three o'clock in the afternoon; that, between this time and dark, the Caroline made two trips to Navy Island, landing as before. That, at about six o'clock in the evening, this deponent caused the said Caroline to be landed at Schlosser, and made fast with chains to the dock at that place. That the crew and officers of the Caroline numbered ten, and that, in the course of the evening, twenty-three individuals, all of whom were citizens of the United States, came on board of the Caroline, and requested this deponent and other officers of the boat to permit them to remain on board during the night, as they were unable to get lodgings at the tavern near by; these requests were acceded to, and the persons thus coming on board retired to rest, as did also all of the crew and officers of the Caroline, except such as were stationed to watch during the night. That, about midnight, this deponent was informed by one of the watch, that several boats filled with men, were making towards the Caroline from the river, and this deponent immediately gave the alarm; and before he was able to reach the deck, the Caroline was boarded by some 70 or 80 men, all of whom were armed. That they immediately commenced a warfare with muskets, swords, and cutlasses, upon the defenceless crew and passengers of the Caroline, under a fierce cry of G—d damn them, give them no quarter; kill every man: fire! fire! That the Caroline was abandoned without resistance, and the only effort made by either the crew or passengers seemed to be to escape slaughter. That this deponent narrowly escaped; having received several wounds, none of which, however, are of a serious character. That immediately after the Caroline fell into the hands of the armed force who boarded her, she was set on fire, cut loose from the dock, was towed into the current of the river, there abandoned, and soon after descended the Niagara Falls: that this deponent has made vigilant search after the individuals, thirty-three in number, who are known to have been on the Caroline at the time she was boarded, and twenty-one only are to be found, one of whom, to wit, Amos Durfee, of Buffalo, was found dead upon the dock, having received a shot from a musket, the ball of which penetrated the back part of the head, and came out at the forehead. James II. King, and Captain C. F. Harding, were seriously, though not mortally wounded. Several others received slight wounds. The twelve individuals who are missing, this deponent has no doubt, were either murdered upon the steamboat, or found a watery grave in the cataract of the falls. And this deponent further says, that immediately after the Caroline was got into the current of the stream and abandoned, as before stated, beacon lights were discovered upon the Canada shore, near Chippewa; and after sufficient time had elapsed to enable the boats to reach that shore, this deponent distinctly heard loud and vociferous cheering at that point. That this deponent has no doubt that the individuals who boarded the Caroline, were a part of the British forces now stationed at Chippewa."

Ample corroborative testimony confirmed this affidavit—for which, in fact, there was no necessity,as the officer in command of the boats made his official report to his superior (Col. McNab), to the same effect—who published it in general orders; and celebrated the event as an exploit. This report varied but little from the American in any respect, and made it worse in others. After stating that he did not find the Caroline at Navy Island, "as expected," he went in search of her, and found her at Grand Island, and moored to the shore. The report proceeds:

"I then assembled the boats off the point of the Island, and dropped quietly down upon the steamer; we were not discovered until within twenty yards of her, when the sentry upon the gangway hailed us, and asked for the countersign, which I told him we would give when we got on board; he then fired upon us, when we immediately boarded and found from twenty to thirty men upon her decks, who were easily overcome, and in two minutes she was in our possession. As the current was running strong, and our position close to the Falls of Niagara, I deemed it most prudent to burn the vessel; but previously to setting her on fire, we took the precaution to loose her from her moorings, and turn her out into the stream, to prevent the possibility of the destruction of anything like American property. In short, all those on board the steamer who did not resist, were quietly put on shore, as I thought it possible there might be some American citizens on board. Those who assailed us, were of course dealt with according to the usages of war."I beg to add, that we brought one prisoner away, a British subject, in consequence of his acknowledging that he had belonged to Duncombe's army, and was on board the steamer to join Mackenzie upon Navy Island. Lieutenant McCormack, of the Royal Navy, and two others were wounded, and I regret to add that five or six of the enemy were killed."

"I beg to add, that we brought one prisoner away, a British subject, in consequence of his acknowledging that he had belonged to Duncombe's army, and was on board the steamer to join Mackenzie upon Navy Island. Lieutenant McCormack, of the Royal Navy, and two others were wounded, and I regret to add that five or six of the enemy were killed."

This is the official report of Captain Drew, and it adds the crimes of impressment and abduction to all the other enormities of that midnight crime. The man carried away as a British subject, and because he had belonged to the insurgent forces in Canada, could not (even if these allegations had been proved upon him), been delivered up under any demand upon our government: yet he was carried off by violence in the night.

This outrage on the Caroline, reversed the condition of the parties, and changed the tenor of their communications. It now became the part of the United States to complain, and to demand redress; and it was immediately done in a communication from Mr. Forsyth, the Secretary of State, to Mr. Fox, the British minister, at Washington. Under date of January 5th, 1838, the Secretary wrote to him:

"The destruction of the property, and assassination of citizens of the United States on the soil of New York, at the moment when, as is well known to you, the President was anxiously endeavoring to allay the excitement, and earnestly seeking to prevent any unfortunate occurrence on the frontier of Canada, has produced upon his mind the most painful emotions of surprise and regret. It will necessarily form the subject of a demand for redress upon her majesty's government. This communication is made to you under the expectation that, through your instrumentality, an early explanation may be obtained from the authorities of Upper Canada, of all the circumstances of the transaction; and that, by your advice to those authorities, such decisive precautions may be used as will render the perpetration of similar acts hereafter impossible. Not doubting the disposition of the government of Upper Canada to do its duty in punishing the aggressors and preventing future outrage, the President, notwithstanding, has deemed it necessary to order a sufficient force on the frontier to repel any attempt of a like character, and to make known to you that if it should occur, he cannot be answerable for the effects of the indignation of the neighboring people of the United States."

In communicating this event to Congress, Mr. Van Buren showed that he had already taken the steps which the peace and honor of the country required. The news of the outrage, spreading through the border States, inflamed the repressed feeling of the people to the highest degree, and formidable retaliatory expeditions were immediately contemplated. The President called all the resources of the frontier into instant requisition to repress these expeditions, and at the same time took measures to obtain redress from the British government. His message to the two Houses said:

"I regret, however, to inform you that an outrage of a most aggravated character has been committed, accompanied by a hostile, though temporary invasion of our territory, producing the strongest feelings of resentment on the part of our citizens in the neighborhood, and on the whole border line; and that the excitement previously existing, has been alarmingly increased. To guard against the possible recurrence of any similar act, I have thought it indispensable to call out a portion of the militia to be posted on that frontier. The documents herewith presented to Congress show the character of theoutrage committed, the measures taken in consequence of its occurrence, and the necessity for resorting to them. It will also be seen that the subject was immediately brought to the notice of the British minister accredited to this country, and the proper steps taken on our part to obtain the fullest information of all the circumstances leading to and attendant upon the transaction, preparatory to a demand for reparation."

The feeling in Congress was hardly less strong than in the border States, on account of this outrage, combining all the crimes of assassination, arson, burglary, and invasion of national territory. An act of Congress was immediately passed, placing large military means, and an appropriation of money in the President's hands, for the protection of our frontier. His demand for redress was unanimously seconded by Congress; and what had been so earnestly deprecated from the beginning, as a consequence of this border trouble—a difficulty between the two nations—had now come to pass; but entirely from the opposite side from which it had been expected. The British government delayed the answer to the demand for redress—avoided the assumption of the criminal act—excused and justified it—but did not assume it: and in fact could not, without contradicting the official reports of her own officers, all negativing the idea of any intention to violate the territory of the United States. The orders to the officer commanding the boats, was to seek the Caroline at Navy Island, where she had been during the day, and was expected to be at night. In pursuance of this order, the fleet of boats went to the island, near midnight; and not finding the offending vessel there, sought her elsewhere. This is the official report of Capt. Drew, of the Royal Navy, commanding the boats: "I immediately directed five boats to be armed, and manned with forty-five volunteers; and, at about eleven o'clock, P. M., we pushed off from the shore for Navy Island, when not finding her there, as expected, we went in search, and found her moored between the island and the main shore." The island here spoken of as the one between which and the main shore, the Caroline was found, was the American island, called Grand Island, any descent upon which, Colonel McNab had that day officially disclaimed, because it was American territory. The United States Attorney for the District of New York, (Mr. Rodgers), then on the border to enforce the laws against the violators of our neutrality, hearing that there was a design to make a descent upon Grand Island, addressed a note to Col. McNab, commanding on the opposite side of the river, to learn its truth; and received this answer:

"With respect to the report in the city of Buffalo, that certain forces under my command had landed upon Grand Island—an island within the territory of the United States—I can assure you that it is entirely without foundation; and that so far from my having any intention of the kind, such a proceeding would be in direct opposition to the wishes and intentions of her Britannic majesty's government, in this colony, whose servant I have the honor to be. Entering at once into the feeling which induced you to address me on this subject, I beg leave to call your attention to the following facts: That so far from occupying or intending to occupy, that or any other portion of the American territory, aggressions of a serious and hostile nature have been made upon the forces under my command from that island. Two affidavits are now before me, stating that a volley of musketry from Grand Island was yesterday fired upon a party of unarmed persons, some of whom were females, without the slightest provocation having been offered. That on the same day, one of my boats, unarmed, manned by British subjects, passing along the American shore, and without any cause being given, was fired upon from the American side, near Fort Schlosser, by cannon, the property, I am told, of the United States."

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