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are in no danger! The road which is contem- who can find himself in the presence of that plated will trespass upon the soil, or infringe upon great man, and retire from it without bringing the jurisdiction of no State whatsoever. It runs off some fact, or some maxim, of eminent utility a course and a distance to avoid all that; for it to the human race. I trust that I did not so begins upon the outside line of the ontside State, manage. I trust that, in bringing off a fact and runs directly off towards the setting sun which led to the discovery of the precedent, far away from all the States. The Congress and which is to remove the only serious objection to the Indians are alone to be consulted, and the the road in question, I have done a service, if not statute book is full of precedents. Protesting to the human family, at least to the citizens of against the necessity of producing precedents for the two greatest Republics in the world. It an act in itself pregnant with propriety, I will was on the evening of Christmas day that I yet name a few in order to illustrate the policy called upon Mr. Jefferson. The conversation, of the government, and show its readiness to among other things, turned upon roads. He make roads through Indian countries to facilitate spoke of one from Georgia to New Orleans, the intercourse of its citizens, and even upon made during the last term of his own adminisforeign territory to promote commerce and na- tration. He said there was a manuscript map tional communications."

of it in the library of Congress (formerly his

own), bound up in a certain volume of maps, Precedents were then shown. 1. A road from which he described to me. On my return to Nashville, Tennessee, through the Chicasaw and Washington, I searched the statute book, and I Choctaw tribes, to Natchez, 1806; 2, a road found the acts which authorized the road to be through the Creek nations, from Athens, in to the Senate. I searched the Congress Library,

made: they are the same which I have just read Georgia, to the 31st degree of north latitude, in and I found the volume of maps which he had the direction to New Orleans, 1806, and con- described; and here it is (presenting a huge tinued by act of 1807, with the consent of the folio), and there is the map of the road from Spanish government, through the then Spanish Georgia to New Orleans, more than two hun

dred miles of which, marked in blue ink, is territory of West Florida to New Orleans ; traced through the then dominions of the King 3, three roads through the Cherokee nation, to of Spain!” open an intercourse between Georgia, Tennessee,

The foreign part of the road was the difficulty, and the lower Mississippi; and more than twenty and was not entirely covered by the precedent. others upon the territory of the United States. That was a road to our own city, and no other But the precedent chiefly relied upon was that

direct territorial


from the Southern States from Athens through the Creek Indian territory than through the Spanish province of West and the Spanish dominions to New Orleans. It Florida: this was a road to be, not only on was up to the exigency of the occasion in every foreign territory, but to go to a foreign country. particular—being both upon Indian territory Some Senators, favorable to the bill, were within our dominions, and upon foreign territory startled at it, and Mr. Lloyd, of Massachusetts, beyond them. The road I wanted fell within moved to strike out the part of the section the terms of both these qualifications. It was which provided for this ex-territorial national to pass through tribes within our own territory, highway; but not in a spirit of hostility to the until it reached the Arkansas River: there it bill itself providing for protection to a branch met the foreign boundary established by the

of commerce. Mr. Lowrie, of Pennsylvania, treaty of 1819, which gave away, not only could not admit the force of the objection, and Texas, but half the Arkansas besides; and the held it to be only a modification of what was bill which I brought in provided for continuing the road, with the assent of Mexico, from this substitution of land for water ; and instanced the

now done for the protection of commerce—the boundary to Santa Fé, on the Upper del Norte.

sums annually spent in maintaining a fleet in I deemed it fair to give additional emphasis to the Mediterranean Sea, and in the most remote this precedent, by showing that I had it from

oceans for the same purpose. Mr. Van Buren, Mr. Jefferson, and said:

thought the government was bound to extend “ For a knowledge of this precedent, I am in the same protection to this branch of trade as debted to a conversation with Mr. Jefferson to any other; and the road upon the foreign himself. In a late excursion to Virginia, I availed myself of a broken day to call and pay

territory was only to be marked out, not made. my respects to that patriarchal statesman. The Mr. Macon thought the question no great matindividual must' manage badly, Mr. President, ter. Formerly Indian traders followed" traces :"

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now they must have roads. He did not care with the consent of the Mexican government. for precedents: they are generally good or bad The bill passed the Senate by a large vote-30 as they suit or cross our purposes. The case to 12; and these are the names of the Senators of the road made by Mr. Jefferson was different. voting for and against it: That road was made among Indians compara

YEAS.--Messrs. Barton, Benton, Bouligny, tively civilized, and who had some notions of Brown, D'Wolf, Eaton, Edwards, Elliott, Holmes property. But the proposed road now to be of Miss., Jackson (the General), Johnson of marked out would pass through wild tribes who Kentucky, Johnston of Lou., Kelly, Knight, think of nothing but killing and robbing a white Lanman, Lloyd of Mass., Lowrie, McIlvaine, man the moment they see him, and would not McLean, Noble, Palmer, Parrott, Ruggles, Seybe restrained by treaty obligations even if they mour, Smith, Talbot, Taylor, Thomas, Van entered into them. Col. Johnson, of Kentucky, Buren, Van Dyke—30. had never hesitated to vote the money which

NAYS.-Messrs. Branch, Chandler, Clayton, was necessary to protect the lives or property Cobb, Gaillard, Hayne, Holmes of Maine, King of our sea-faring men, or for Atlantic fortifica- of Ala., King of N. Y., Macon, Tazewell, Wiltions, or to suppress piracies. We had, at this liams—12. session voted $500,000 to suppress piracy in the

It passed the House of Representatives by a West Indies. We build ships of war, erect light- majority of thirty-received the approving sig. houses, spend annual millions for the protection nature of Mr. Monroe, among the last acts of of ocean commerce; and he could not suppose his public life—was carried into effect by his that the sum proposed in this bill for the protec- successor, Mr. John Quincy Adams—and this tion of an inland branch of trade so valuable to road has remained a thoroughfare of commerce the West could be denied. Mr. Kelly, of Ala- between Missouri and New Mexico, and all the bama, said the great object of the bill was to western internal provinces ever since. cherish and foster a branch of commerce already in existence. It is carried on by land through several Indian tribes. To be safe, a road must be had—a right of way—“a trace,” if you please. To answer its purpose, this road, or trace,"

CHAPTER XVII. must pass the boundary of the United States, and extend several hundred miles through the PRESIDENTIAL AND VICE-PRESIDENTIAL ELEC

TION IN THE ELECTORAL COLLEGES. wilderness country, in the Mexican Republic to the settlements with which the traffic must be Four candidates were before the people for the carried on. It may be well to remember that the office of President-General Jackson, Mr. John Mexican government is in the germ of its exist- Quincy Adams, Mr. William H. Crawford, and ence, struggling with difficulties that we have Mr. Henry Clay. Mr. Crawford had been nomlong since surmounted, and may not feel it con- inated in a caucus of democratic members of venient to make the road, and that it is enough to Congress; but being a minority of the members, permit us to mark it out upon her soil; which is and the nomination not in accordance with puball that this bill proposes to do within her limits. lic opinion, it carried no authority along with it, Mr. Smith, of Maryland, would vote for the and was of no service to the object of its choice. bill. The only question with him was, whether General Jackson was the candidate of the peocommerce could be carried on to advantage on ple, brought forward by the masses. Mr. the proposed route; and, being satisfied that Adams and Mr. Clay were brought forward by it could be, he should vote for the bill. Mr. bodies of their friends in different States. The Brown, of Ohio (Ethan A.), was very glad to whole number of electoral votes was 261 ; of hear such sentiments from the Senator from which it required 131 to make an election. No Maryland, and hoped that a reciprocal good one had that number. General Jackson was feeling would always prevail between different the highest on the list, and had 99 votes; Mr. sections of the Union. He thought there could Adams 84; Mr. Crawford 41; Mr. Clay 37. be no objection to the bill, and approved the No one having a majority of the whole of electpolicy of getting the road upon Mexican territory ors, the election devolved upon the House of


Representatives; of which an account will be from that high station during the intermediate given in a separate chapter.

thirty years, devoted himself to the noble purIn the vice-presidential election it was dif- suits of agriculture, literature, the study of poferent. Mr. John C. Calhoun (who in the be- litical economy, and the service of his State or ginning of the canvass had been a candidate county when called by his fellow-citizens. Perfor the Presidency, but had been withdrawn by sonally I knew him but slightly, our meeting in his friends in Pennsylvania, and put forward the Senate being our first acquaintance, and our for Vice-President), received 182 votes in the senatorial association limited to the single seselectoral college, and was elected. Mr. Nathan sion of which he was a member-1823-24 ;-at Sandford, Senator in Congress from New-York, the end of which he died. But all my observahad been placed on the ticket with Mr. Clay, tion of him, and his whole appearance and deand received 30 votes. The 24 votes of Vir- portment, went to confirm the reputation of his ginia were given to Mr. Macon, as a compli- individuality of character, and high qualities ment, he not being a candidate, and having of the head and the heart. I can hardly figure refused to become one. The nine votes of to myself the ideal of a republican statesman Georgia were given to Mr. Van Buren, also as a more perfect and complete than he was in recompliment, he not being on the list of candi- ality:-plain and solid, a wise counsellor, a ready dates. Mr. Albert Gallatin had been nominated and vigorous debater, acute and comprehensive, in the Congress caucus with Mr. Crawford, ripe in all historical and political knowledge, inbut finding the proceedings of that caucus un- nately republican-modest, courteous, benevolent, acceptable to the people he had withdrawn from hospitable—a skilful, practical farmer, giving his the canvass. Mr. Calhoun was the only sub- time to his farm and his books, when not called stantive vice-presidential candidate before the by an emergency to the public service—and repeople, and his election was an evidence of good turning to his books and his farm when the feeling in the North towards southern men—he emergency was over. His whole character was receiving the main part of his votes from that announced in his looks and deportment, and in quarter-114 votes from the non-slaveholding his uniform (senatorial) dress—the coat, waistStates, and only 68 from the slaveholding. A coat, and pantaloons of the same “London southern man, and a slaveholder, Mr. Calhoun brown," and in the cut of a former fashionwas indebted to northern men and non-slave-beaver hat with ample brim-fine white linen holders, for the honorable distinction of an elec-:-and a gold-headed cane, carried not for show, tion in the electoral colleges—the only one in but for use and support when walking and the electoral colleges-the only one on all the bending under the heaviness of years. He lists of presidential and vice-presidential candi- seemed to have been cast in the same mould dates who had that honor. Surely there was with Mr. Macon, and it was pleasant to see no disposition in the free States at that time to them together, looking like two Grecian sages, be unjust, or unkind to the South.

and showing that regard for each other which every one felt for them both. He belonged to that constellation of great men which shone so brightly in Virginia in his day, and the light of which was not limited to Virginia, or our Ame

rica, but spread through the bounds of the civi.. CHAPTER XVIII.

lized world. He was the author of several

works, political and agricultural, of which his DEATH OF JOHN TAYLOR, OF CAROLINE. Arator in one class, and his Construction Con

strued in another, were the principal-one For by that designation was discriminated, in adorning and exalting the plough with the attrihis own State, the eminent republican statesmanbutes of science; the other exploring the confines of Virginia, who was a Senator in Congress in of the federal and the State governments, and the first term of General Washington's adminis- ' presenting a mine of constitutional law very protration, and in the last term of Mr. Monroe-fitably to be examined by the political student and who, having voluntarily withdrawn himself who will not be repulsed from a banquet of rich

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ideas, by the quaint Sir Edward Coke style Thus the theory had failed in its application to (the only point of resemblance between the the electoral college; but there might be a republican statesman, and the crown officer of second or contingent election, and has been; and Elizabeth and James)-in which it is dressed. here the theory of the constitution has failed Devotion to State rights was the ruling feature again. In the event of no choice being made by of his policy; and to keep both governments, the electors, either for want of a majority of State and federal, within their respective consti- electoral votes being given to any one, or on actutional orbits, was the labor of his political life. count of an equal majority for two, the House

In the years 1798 and '99, Mr. Taylor was a of Representatives became an electoral college member of the General Assembly of his State, for the occasion, limited to a choice out of the called into service by the circumstances of the five highest (before the constitution was amendtimes; and was selected on account of the dignity ed), or the two highest having an equal majority. and gravity of his character, his power and rea- The President and Vice-President were not diness in debate, and his signal devotion to the then voted for separately, or with any designarights of the States, to bring forward those cele- tion of their office. All appeared upon the brated resolutions which Mr. Jefferson conceived, record as presidential nominees—the highest on which his friends sanctioned, which Mr. Madison the list having a majority, to be President; the drew up, and which “John Taylor, of Caroline," next highest, also having a majority, to be Vicepresented ;-which are a perfect exposition of President; but the people, from the beginning, the principles of our duplicate form of govern- had discriminated between the persons for these ment, and of the limitations upon the power respective places, always meaning one on their of the federal government;—and which, in their ticket for President, the other for Vice-President. declaration of the unconstitutionality of the But, by the theory of the constitution and its alien and sedition laws, and appeal to other words, those intended Vice-Presidents might be States for their co-operation, had nothing in view elected President in the House of Representabut to initiate a State movement by two-thirds of tives, either by being among the five highest the States (the number required by the fifth when there was no majority, or being one of two article of the federal constitution), to amend, or in an equal majority. This theory failed in the authoritatively expound the constitution ;—the House of Representatives from the first election, idea of forcible resistance to the execution of the demos krateo principle--the people to gorang act of Congress being expressly disclaimed. ern-prevailing there as in the electoral colleges, at the time.

and overruling the constitutional design in each.

The first clection in the House of Representatives was that of Mr. Jefferson and Mr. Burr,

in the session of 1800-1801. These gentlemen CHAPTER XIX.

bad each a majority of the whole number of

electoral votes, and an equal majority —73 each PRESIDENTIAL ELECTION IN THE HOUSE OF

- Mr. Burr being intended for Vice-President. REPRESENTATIVES.

One of the contingencies had then occurred in It has already been shown that the theory of which the election went to the Ilouse of Reprethe constitution, and its practical working, was

sentatives. The federalists had acted more entirely different in the election of President and wisely, one of their State electoral colleges (that Vice-President—that by the theory, the people of Rhode Island), having withheld a rote from were only to choose electors, to whose superior the intended Vice-President on their side, Mr. intelligence the choice of fit persons for these Charles Colesworth Pinckney, of South Carohigh stations was entirely committed—and that, lina; and so prevented an equality of votes bein practice, this theory had entirely failed from tween him and Mr. John Adams. It would the beginning. From the very first election the have been entirely constitutional in the House electors were made subordinate to the people, of Representatives to have elected Mr. Burr having no choice of their own, and pledged to President, but at the same time, a gross violadeliver their votes for a particular person, ac- tion of the democratic principle, which requires cording to the will of those who elected them. the will of the majority to be complied with.


The federal States undertook to elect Mr. Burr, took place between the theory of the constituand kept up the struggle for seven days and tion and the democratic principle ; and with nights, and until the thirty-sixth ballot. There eventual defeat to the opposers of that principle, were sixteen States, and it required the concur- though temporarily successful. Mr. Adams was rence of nine to effect an election. Until the elected, though General Jackson was the choice thirty-sixth Mr. Jefferson had eight, Mr. Burr of the people, having received the greatest numsix, and two were divided. On the thirty-sixth ber of votes, and being undoubtedly the second ballot Mr. Jefferson had ten States and was choice of several States whose votes had been elected. General Hamilton, though not then in given to Mr. Crawford and Mr. Clay (at the public life, took a decided part in this election, general election). The representatives from rising above all personal and all party considera- some of these States gave the vote of the State to tions, and urging the federalists from the begin- Mr. Adams, upon the argument that he was best ning to vote for Mr. Jefferson. Thus the demo- qualified for the station, and that it was dancratic principle prevailed. The choice of the gerous to our institutions to elect a military people was elected by the House of Representa- chieftain—an argument which assumed a guardtives; and the struggle was fatal to those who ianship over the people, and implied the necessity had opposed that principle. The federal party of a superior intelligence to guide them for their was broken down, and at the ensuing Congress own good. The election of Mr. Adams was elections, was left in a small minority. Its can- perfectly constitutional, and as such fully subdidate at the ensuing presidential election receiv- mitted to by the people; but it was also a violaed but fourteen votes out of one hundred and tion of the demos krateo principle; and that seventy-six. Burr, in whose favor, and with violation was signally rebuked. All the reprewhose connivance the struggle had been made, sentatives who voted against the will of their was ruined-fell under the ban of the republican constituents, lost their favor, and disappeared party, disappeared from public life, and was only from public life. The representation in the seen afterwards in criminal enterprises, and end- House of Representatives was largely changed ing his life in want and misery. The constitu- at the first general election, and presented a full tion itself, in that particular (the mode of elec- opposition to the new President. Mr. Adams tion), was broken down, and had to be amended so himself was injured by it, and at the ensuing as to separate the presidential from the vice-presi- presidential election was beaten by General dential ticket, giving each a separate vote; and Jackson more than two to one-178 to 83. Mr. in the event of no election by the electoral col- Clay, who took the lead in the House for Mr. leges, sending each to separate houses-the three Adams, and afterwards took upon himself the highest on the presidential lists to the House of mission of reconciling the people to his election Representatives,—the two highest on the vice- in a series of public speeches, was himself crippresidential, to the Senate. And thus ended pled in the effort, lost his place in the democratic the first struggle in the House of Representa- party, joined the whigs (then called national tives (in relation to the election of President), republicans), and has since presented the disbetween the theory of the constitution and the heartening spectacle of a former great leader democratic principle-triumph to the principle, figuring at the head of his ancient foes in all ruin to its opposers, and destruction to the clause their defeats, and lingering on their rear in their in the constitution, which permitted such a victories. The democratic principle was again struggle.

victor over the theory of the constitution, and The second presidential election in the House great and good were the results that ensued. It of Representatives was after the lapse of a quarter vindicated the demos in their right and their of a century, and under the amended consti- power, and showed that the prefix to the contution, which carried the three highest on the stitution, “We, the people, do ordain and eslist to the House when no one had a majority tablish,” &c., may also be added to its adminisof the electoral votes. General Jackson, Mr. tration, showing them to be as able to administer John Quincy Adams, and Mr. William H. Craw- as to make that instrument. It re-established ford, were the thrce, their respective votes being parties upon the basis of principle, and drew 99, 84, 41; and in this case a second struggle anew party lines, then almost obliterated under

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