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UNIVERSITY OF N.C. AT CHAPEL HILL
00032195197
This book must not be taken from the Library building.
Form No. 471
AN
ADDRESS,
TO THE PEOPLE OF THE
TTWITED STATES,
ON THE SUBJECT OF THE
PRESIDENTIAIi EliECTION: WITH A SPECIAL REFERENCE TO THE NOMINATION
CONTAINING SKETCHES OF HIS PUBLIC AND PRIVATE CHARACTER.
BY A CITIZEN OF THE UNITED STATES.
Courage may purchase Liberty, but Wisdom must perpetuate its duration.
PRINTED FOR THE PROPRIETOR.
1828,
Northern District of New-York, to wit.
SE IT REMEMBERED, That on the twenty-sixth day of February, in the fiftv- «;pcond vear of the independence of the United States of America Joseph Colweil, of the said district, hath deposited in th^^ office the title of a book, tHi right whereof he claims as proprietor, in the words following:
"An address to the people of the United States, on the subject of the Presiden- tJol riprtion with a special reference to the nomination of Andrew Jackson, con- Vain m^r sketches of his public and private character. By a citizen of the United States. Courage may purchase liberty, but wisdom must perpetuate its duration.''
¥n rnnformitv to the act of the Congress of the United States, entitled "An act Mr thP Pncoura<-ement of learning by securing the copies of maps charts and books ^Vh^ authors and proprietors of such copies, during the times therein mentioned,
ri^Un to an act; entitled 'An act for the encouragement of learning, by secur- '^ thpronies of maps, charts and books, to the authors and proprietors of such jng me cu^ tj^e times therein mentioned,' and extending the benefits thereof to *^.®P'%1'. of deli-aing, engraving, and etching, historical and other prints." I ho aris V o « RICHARD R. LANSING,
Clerk of the Northern District of New-York
TO THE PEOPLE OF THE UNITED STATES.
In a crreat and powerful republic of confederatea states, it is an ob- iect of great political importance, that the choice of then- chief magis- trate should be the result of wisdom, and of a pure and enl^tened patriotism. The power necessarily appertment to ^^^^ c)^^\^^^; oive to him an ascendancy in the councils of the cabinet, which Siay characterize its policy and direct the course of its destmies It will be in vain for us to calculate on the stability of our government, or the permanency of its privileges, where the projects of intrigue, cabal and corruption shall predominate in the choice of that otticer. l tie lessons of history have furnished us with many demonstrations ot this truth. From them we learn, that whatever of wisdom there may have been in the constitutional provisions for the appointment ot their chiet magistrates among the most celebrated republics of antiquity, the ad- vantages they might have derived therefrom, were never long re amed or enfoyed. Their misfortunes, and finally their rmn may be traced to the convulsions and revolutions occasioned by a few corrupt, ambi^ tious and desperate individuals, combining their efforts for the avowed purpose of elevating or reposing those, who at different periods and in different forms, swaved the chief executive power. Although Amer-. icans may boast of 'their great acquisitions in the science otselt gov- ernment, they cannot, with confidence, indulge the belief, that theirs is the native soil where political virtue is destined to perpetuate the bles- sings of its existence. The history of our republic thus far has taught us that we shall have to maintain a perpetual vigilance to counteract the desicrns of unprincipled ambition. We have our Catalmes and <>ur Neros in embryo, from whose nefai'ious designs nothing can save us but the majesty of the laws and the virtue of the people. Unless the condition of the civil state, as well as the tendency of the human disposition are changed, we may expect there will for ever be a con- test respecting the political cl^aracter of the president and ot his aa- minisU-ation. Motives for such contests will not be wanting so long- as men are ambitious, vindictive, and rapacious. However wise and impartial may have been the distribution of offices at the disposal ot the president, though he should pursue measures whicb the best mter- est of the country seem to demand, and in every part of his adminis- tration, display the character of an enlightened, wise and independent magistrate; we are not to expect the dispositions of aspirmg and un- principled ambition, will thereby be transformed into those ot wisdom, and virtue and moderation. , . • u .
Political wisdom, integrity and distinguished patriotism, have not always been duly appreciated in the councils of our cabinet. It may ^ be well to call to our recoUection one attestation of this truth,^contamed 1. in a letter written by president Washington to Mr. Jeffefsorv/dur^ingthe
third year of the second term of his presidency, of which the following is an extract.
^•Until the last year or two. I had no conception that parties would, or ever could go the lengths J have been witness to. Nor did I be- lieve, until lately, that it was within the bounds of probability, hardly within those of possibility, that while I was using ray utmost exertions, to establish a national character of our own, independent, as far as our obligations would admit, of every other nation of the earth; and wished, by steering a steady course to preserve this country from the horrors of a desolating war, 1 should be accused of being the enemy of one nation, and subject to the will of another. And to prove it, that every act of my uc! ministration would be*t©itured, and the gross- est and most insidious misrepresentations of them be made by giving one side only of a subject, and thut in such exaggerated terms, as could scarcely be applied to a Nero, to a defaulter, or to a common pick-pocket."
Here we have the testimony of as perfect a man as any of which the world could ever boast, respecting the opposition to his administra- tion, and that too in the very infancy of our republic. When therefore an opposition is excited against the president, for reasons which are not generally understood, and for pretended evils, the existence or the approach of which the people neither feel nor apprehend, it is a duty which they owe to themselves, and to the honour and interest of their country, to investigate the causes of this opposition, and the ob- ject of those by whom it is assailed. It may ever be expected, there will be more than one candidate for the first office in the gift of the people; and the transcendant honors and privileges which appertain to it. will excite an interest which the people cannot but feel; and may t^timulate to efforts which they should not encourage. In the compli- cated concerns of our extensive and powerful republic of confederated j-tates,the operations of government require a great number of officers, who must depend on the patronage of the president for the acquisition and the tenure of their offices; these must be selected from the people, and it is very obvious that by ^u- the greater number of applicants for places in the various departments, must be disappointed. Defeated expectations, in numerous instances, will generate disaffection to the administration; and opposition to it, and especially to the chief magis- trate, v.j,ho is supposed to have the most efficient agency in defeating their hopes, is one in the usual course of political events, and in ac- cordance with the human disposition.. In every district of our coun- try, disappointed expectants of presidential patronage are to be found, "who will exert themselves to excite disaffection and enlist the unsus- pecting freemen under the banners of opposition; and actuated as they arc by ambitious, vindictive and rapacious dispositions, it may be ex- pected they will exert all their faculties to mislead the people, and cn- garje thf m in their \ lews of personal preferment.
It is therefore from the wisdom and integrity of those who aic not expectants of office, who are not corrupted with the contaminating in- flwenrc of power, nor duped by the insidious arts of intrigue, and the ''^ impostors of pretended patriotism, that we may expect a correct an(H-
dlgnhied decision ot* the important question, relative to the approacli- ing election of a chief magistrate. Possessing equal means of infor- mation, and no interest in the event, but that which is common to their country, they would be well agreed, that to be properly qualified for that hio-h office, the candidate should have a correct and extensive knowledge of the history of our political state; and that to enable him to regulate our intercourse with foreign nations, he should be conver- sant with the nature and policy of their governments, and the princi- ples and complicated systems by which the course of their administra- tion is directed ; also with the general laws and maxims, which should govern the conduct of. independent Rations toward each other ; that his discussions of national subjects should be distinguished for sci- ence, Yor candor and tirm.ness. In short, that his experience in the concerns of civil government, and hia capacity should be such, as to enable him to discern the great objects which relate to the interest of his country ; and that he should evince a disposition steadfastly to pursue it, unawed and undisturbed, by the discordant and importunate clamors, and insidious pretences of disappointed expectants, and that a pure and dignified deportment should mai'k his habits and manners.
These quahfications, it is believed, are permai.ently exemplified in the character of Mr. Adams, the present chief magistrate. Through all the fluctuations of public opinion, and changes in the administra- tion, occasioned by party dissensions or other causes, Mr. Adams has possessed the uninterrupted confidence of the public, and pursued .an undeviating and dignified co'irse, in discharging the duties of sev- eral highly responsible offices, both in our own and foreign countries. At an early period of his life, he was appointed by President Wash- ington, in 1794. minister to the Hagu ; in 1796, minister to Lisbon. Before he entered on the duties of that office, he was, upon the strong and decided recommendation of President Washington, transferred by President Adams, to the court *of Berlin, where he remained until 1801. When he returned to his own country in 1802, he was elected a mem- ber of the senate of Massachusetts. In 1803, he was el«cted a sena- tor in Congress, which office he resigned in 1808. In 1809 he was nominated by President Jefferson, minister to Russia, but the senate decided that the mission at that time was inexpedient. .In 1811, he was nominated by President Madison, for the same mission, and the senate confirmed the appointment. In the same year, after he left the coimtry, he was appointed a Judge of the Supreme Court of the Uni- ted States, but did not accept the appointment, and Judge Story was appointed. In 1813 he was appointed one of the commissioners to negotiate the treaty of peace with Great Britain, which was afterwards concluded at Ghent, in conjunction vvith JMessrs. Gallatin, Bayard, Clay, and Russel. In 1815, he negotiated a treaty of commerce with Great Britain, in conjunction with Messrs. Gallatin and Clay, and was continued minister to that court until 1817, when he was appointed by President IMonroe, Secretary of State, which last office he held until he was appointed to the office of Chief Magistrate.
The ability and fidelity with which he discharged the arduous du- ties of these several offices-, has furnished the most ample attestations
&
^n
of his merit, and that he has well deserved the confidence which has elevated him to the summit of his country's honors.
It is well known that immediately after the elevation of Mr. Adams to the Presidency, a party was organized in Congress, for the obvious pur}X)se of uniting their efforts to alienate the confidence of the peo- ple from him, and his administration, and thereby defeating his re-elec- tion, and of promoting to that ofhce some oiher candidate more agree- able to their views and interests. The people, therefore, should under- stand the object of those whose efforts are thus directed against him ; and A'ho have evinced a disposition to place in that office, Gen. An- drew Jackson. Although others have been nominated, and may liere- after be proposed as candidates for the Presidency, it is believed that the nomination of Ge«. Jackson, has enstamped on the opposers of Mr. Adams, a character not ominous of good, nor honorable to tlie republic. The author of this pi per would make no comments on tlie qualifications of other candidates than Gen. Jackson.
It is acknowledged that there are many others who might fill that office, with the approbation of the people, and honor to themselves. But when the opposers of Mr. Adams discovered among their num- ber, those who were making efforts, with too much prospect of suc- cess, for a m n like Gen. Jackson, it was hazarding too much, to contribute any thing which might tend to facilitate the election of a man both dangerous to our liberties, and dishonorable to the charac- ter of our country.
Since th^ man \\ ho v.as not extensively known to the people of the United States, until the eighth of January, 1815, has consented to be considered a candidate for the office of chief magistrate, he will doubt- less expect that some prominent traits of his character, and incidents of his hfe, will be exhibited to pubhc view ; that the people, whose political interest and national character is, to be affected by the admin- istration, may be 'enabled to duly appreciate the quahfications^ of the man, who would be placed at the head of it.
It appears from the biography of Gen. Jackson, that in early life he commenced the practice of law in the state of Tennessee, was elected a member of the convention, and contributed a share in the formation of the constitution of that state ; was afterwards elected a member of the Legislature, and from thence transferred to the senate of the Uni- ted States ; afterwards appointed a Judge of the Supreme Court of law and equity, and after giving up this last office, that he turned his attention to the military art, and rose to the rank of Major General of the militia.
In these several stations, it does not appear that he acquitted himself with more ability or celebrity than hundreds of others, who, in their respective states, have passed through the same grades of office, with honor to themselves, as it is said he did ; no extraordinaiy trait had thus far so distinguished him, as to give him a claim to the first office in the gift of the people. He first became conspicuous throughout the Union by his military achievements in our last war with Great Brit- ain. In this war he distinguished himself as a brave man. In his military con' ■'ft. |u> pvinrod a capacity, and a disposition to engage
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in those arduous and desperate enterprizes which aie otien necessary to the safety and independence of a government. In that war he ac- quired the fame that is due to the HerO; and which often confers upon
him durable glory. , ,. i
But the military achievements of any man, however splendid may have been the efforts which have*inarked their cause, should never give to their author, any claim to the first office among the civil magis- trates of his counft-y. It was not the military exploits alone, even of the immortal Washington, which gave to him a pre-eminent claim to the first civil honors. He was distinguished for those rare and pecul- iar characteristics which qualified him to adorn and bless society, either in private or public stations ; and by his unparalleled efforts in the ac- quisition of our independence, was well entitled to all the honors which his country could confer. The advocates for Gen. Jackson, cannot pretend that in the performance of the various civil offices which he has filled, he ever evinced those extraordinary qualities which should distinguish a candidate for the office of chief magistrate. It is unfortunate for him, that the military achievements which first gave general celebrity to his character, gave publicity also, to his vi- ces and errors ; and over which the veil tl at covers human infirmi- ties might have been thrown, had not an effort been made to intrude him into a-place, for which, in the destmies of our republic, he could never have been designed. Gen. Jackson is highly reputed, by his political advocates, for decision of character, which is considered an important qualification in the character of a chief magistrate. But it should be remarked, the decision requisite for that office, should be preceded by cool, candid, and judicious deliberation. It has, how- ever, been discovered, that Gen. Jackson decides from the impulse of the moment, rashly, and without consideration ; that his decision of character, arises from an impetuous temper, which always exposes one who is exercised with it, to make incorrect and unjust decisions ; and which not only exposes him, but has often impelled him to the commission of errors, and even of crimes, which should disqualify him for any important civil office, and even from all confidence, which a sense of moral obligation should inspire. That from the ir- ritability of his constitution, and an untoward disposition, he does not control the first impulse of his temper, but has indulged it in repeated ** acts, of violence, in defiance of the laws of his country, and against the dictates of humanity. Abundant attestations of this fact are be- fore the public.
Col. Benton has attested, that in the year 1812, Gen. Jackson, with some of his friends, came to the house in Nashville, where he was, and commenced an attack upon him, by levelling a pistol at him, when he had no weapon of defence drawn, and advanced upon him with a quick pace, without giving him time to draw one ; that an affray thereupon commenced between hhn and Gen. Jackson, and their res- pective friends, in which several pistols were discharged, one by Gen, Jackson at him. Col. Benton, whose life he obviously intended to des- tro-r, and from which he was probably prevented, by being disabled by a pistol shot fro^m Col. Bentou's brother. It is not thought necessary
[8]
to detail all the particular facts relating to this horrible outrage, as stat- ed by Col. Benton, but only to attest the fact, that Gen. Jackson is governed by an impetuous temper, which render^ hnn a dangerous man, even in private life, and that the people may be enabled duly to appreciate- his decision of character, so much extolled by his advocates. But it was in the exercise of militaf)^ power, and administration of martini law, that he, while reaping the laurels of heroic fame, exhibited to view a political character which should fore ve» exclude him from the confidence of a wise people.
It appears from the following account that Gen. Jackson, from his entire dereliction of principle, which should govern the conduct of men in the civil state, cannot be intrusted with any power, either civil or military. It is well known^ that in our last war with Great Britain, in the year 1814, a detachment of Tennessee militia was drafted by order of Governor Blount, who arrived at their place of rendezvous on the 20th of June, the same year. The privates were told by their officers, a Captain and Lieutenant, that by the existing I avs of their own state, as well as of the United States, they could only be compell- ed to serve for three months. Supposing therefore their tour of duty was completed, on the 20th of the then next September, upwards of two hundred of them dehvered up their muskets, drew their rations, and set out for home. But having received advice on their way, that they were wrong in supposing their time of service had expired, they were honestly returning to their encampment, when by order of Gen. Jackson, they were arrested, charged v/ith mutiny, and brought to tri- al before a court martial.
The officers by whose advice the men had acted, and who were convicted of having excited and connived at the mutiny charged, were simply dismiss-ed from the service ; about two hundred others were sentenced to make good the time they had lost, and {;t the expiration of their service, to have their heads shaved, and to be drummed out of camp ; and six were condemned to suffer death. These sentences could not be operative without the sanction of Gen. Jackson, but that sanction was given by him on the 22d of January, 1815, and carried into effect. But th» fact is well ascertained, that the men thus sen- tenced and punished by order of Gen. Jackson, did not mis-conceive their rights, when they left the army at the end of their three months. The law of 1795, limits the term of miUtary duty, to a period of, three months. The law of the 10th of April, 1812, by which the term of service was extended to six months, expired by its own provisions, on the 10th of April, 1814. The men in question were detailed for duty after the expiration of this law, namely in May, 1814. Every sub- sequent draft could be held to serve only for three months, unless un- der the provisions of a law, passed on the 1 8th of April, 1814, the President of the United States should expressly order a continuance of the term ; and such an order in this case has not be«n pretended. On the contrary, the President of the United States, expressly direct- ed Governor Blount to consider his draft of militia as called out under the law of 1795, and gives as his reason for so doing, his re- liance on the patriotism of the citizens of Tennessee, to fill up ihf ranks as occasion might require.
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Thus it appears, that while Gen. Jackson was achievemg Oie miiita rv 2lory which his poUtical advocates would contend has entitWhim to the first civil honors of his country, he has heen proved to have condemned six men to death, and nearly two hundred others to an ig^ nominrous punishment, not only against the plamest dictates of mercy and humanity, but in direct violation ot the laws ^>[ ^f ^^^"f T '. ^^.^ It will be understood by the American people, that the admmistia- tion of martial law, is to be resorted to, only in extraordinary cu-cum- iances when the public safety requires it. On the 22d of January, is" Xd^^^^^^^ the invasion of New-Orleans by the enemy was
at an end. The signal victory obtained over them, was on the 8th ot ^he same January ; and in a letter to the Secretary at War dated the 19th of January, three days before he gave his sanction to the sen- tence of those unfortunate men, he expressly declares that all danger from an invading enemy, in that part of the country, was at an end ; or, to use his own words, '^ I believe you will not believe me oo san- auineiii the belief, that Louisiana is now clear of its enemies. Had t'hose men,therefore, whom he sentenced to an ignominious punishment, and to deatJh, actually been guilty, accordi-ig to the usages of war, and the principles which should govern those who are clothed with au- thority, it was his imperious duty to have pardoned them. The lea- son of the severities of the martial law, had ceased; the operations of the law should therefore have ceased, and its penalties should have been dispensed with. Had he exercised a small portion of that delib- erative wisdom, which should distinguish a man in any ^^P^'^^^'^f fice ither civil or military, he might have avoided the imputation ot havin- thus trampled upon the laws of his country. and of humanity Du?m- the revolutionary war, of eight years continuance, it is well laiown tnat our country had every where scattered over its extensive t-rritory, those who were unfriendly to the American cause, and were dispo.edto render the enemies of our country every possible aid; and du"in2 that war hundreds of our militia men, left the camp, and returned home before the time for which they had been dra:ted had expired; and in some instances, in the very face of the enemy; yet the great and gallant Washington, whose name has been too oiten profaned, by using it in connection with Gen. Jackson's never once proclaimed martial law ; neither was a militiaman ever shot by hii.-Cri^
The conduct of Gen. Jackson, in the condemnation and execution of Aburthnot and Amhrister, was also highly <''l^«''a'='^"^''<^^,° f'' tyrant. They were tried for an alleged cnme, by a court m^'^^l, m- Btituted by him for that purpose, and by that court convicted and sen- tenced tol punishment not capital. Gen. Jackson m contem^^f the proceedings of the court and the sentence they had 'ho«|l P o|. o pass, immediately ordered the accused to be punished V lUu^^ath. which was by his order inflicted, on the morni-.g of tne next day.
The maxtfal law, according to the usages ot war amoftg omhzed nations, cannot, consistently with tte r.ghts of men «l'^/'-'^.';f P* f like oui's, be enforced, until those who are accused of havmg mcur- ved its penalties, are first found guilty bv the sentence of o. court, con
' 10 _
sisuii" v)f olBctTa appuiiiitu by the coinuianaer-^n-ciiiei ; \vuo ait; Hi- so to aflix to the conviction, the punic^hnicnt to be inflicted. This sentence he may aftirm, or he may refuse to affirm it, and in that case, the sentence cannot be enforced. But if he disregards the sentence of the court, and passes on the accused a diiferent one, he thereby renders himself a tyrant, and evinces a disposition not to be governed by any law, except his own despotic will. It may be true, that Ara- brister and Aburthnot well deserved the punishment of death ; but it is verv obvious that Gen. Jackson inflicted that punishment, without any right vested in him, either by virtue of his military commission, or the laws of his country.
His conduct towards the French Consul, and the French Aliens, then resident at New-Orleans, not only exceeded his power as a mili- tary chief, but was in direct violation of the law of nations. Cheva- lier Tousard, the French Consul, had furnished a portion of the French residents at New-Orleans with certificates of French citizen- ship, which exempted them from military duty, and which exemption they had a right to claim, according to the law of nations. These certificates Gen. Jackson could not disapprove, but under the colour of martial law, he banished those who had thus obtained them, to a place called Baton Rouge, 120 miles from New-Orleans, in the interi- or, and arrested and imprisoned Tousard the Consul, for no other of- fence but that of claiming an exeAiption from militaj-y duty, for the French ahens ; to do w^hich, he had not only a right, but was impelled in the discharge of his official duty. But the person of an ambassa- dor or other public minister, autliorised and received as such, by the President of the United States, is not liable to arrest or imprisonment, but is exempted therefrora, both by the law of nations, and by a law of the United States. If he even commits a capital offence, or makes an ill use of his character, he may be sent home, and accused by the o-overnmcnt who sent him, which is bound to do justice to him, or avows itself the accomplice of his crime.
About the same time these extraordinary measures were prosecut- ino-, a member of the Legislature, by the name of Lauailher, had published in a New-Orleans Gazette, an article of which Gen. Jack- son did not approve ;* he therefore immediately ordered him to be ar-
*Tlie article jtiluded to, contains some strictjires on the conduct of Gen. Jackson in banishinff the French aliens from New-Orleans, published in a paper called the "Louisiana Courier." The following- is a copy of the article for which Lauaillier was tried by a court miTftial by Gen .Jackson's order.
"Mr. Editor To rem<i.'u silent on the last general order, directinj;;^ ail the
Frenphraen who now reside iil iXew-Orleans, to leave it in three; days, and to keep at a distance of 120 miles of it, wcJt'ld be an act of cowardice, which ogght not to he expected from a citizen of a free ccSi'ntry ; and when every one laments sucl: ;>M abv^e of authority, the press ought to de"r?ounce it to the people.
"{rt <5\ '^<?r to encourage a communication between both countries, the 7th and •^th articles «f the treaty or cession, secure to the French, who shall coriie to Lou- isiana certain commercial advanta°es which they are to cnjny during the term of twelve years, which are not ^et expired. At the expiration of that term, they
-).iin he treated' in the same manner, as the most favored nation — a p'-iace whicli
^mp.rlcan govcrnmeBt in its reialiou with ibrei-sn nations.
rested and confined, and to be tried as for a capital offence ; \\ here- upon Lauaillier by his counsel made application to Dominic A. Hall, Judge of the district, for a writ of Habeas-Corpus for his enlarge- ment. The writ was immediately issued by the Judge, directed to Gen. Jackson, commanding him to show reasons for the detention of this legislator. The Marshal who served the writ, gave it to Gen. Jackson for his perusal, at his request, who refused to redeliver it to the Marshal. But instead of obeying the command of the writ, and appearing before the court to make his defence, he immediately order- ed the Judge to be arrested, for issuing the writ of Habeus-Corpus, and sent out of the city.
It should be remarked for the information of^ those who are not learned in the law, that the writ of Habeas-Corpus is a privilege of the citizen, demandable of common right, by any person who is im- prisoned, whether under color of authority, or without it, unless the imprisonment be on execution, or on conviction of some crime. It is directet! to the person who has the custody of the prisoner, or com- plainant, with a command to bring him before the court with the cause of his detention. When the person imprisoned is brought before the court with a return of the cause of his detention, it is the duty of the court to examine whether the cause be illegal ; and if so found, may discharge him, or otherwise remand him to prison. This writ is of great importance, in securing the personal lilDerty of the citizens ; and the right to suspend the issuing it, can only be vested in the highest
legislative authority in the government.
/- In such circumstances, what can be tlie motives which have induced the coin- mander-in-chief of (he 7th military district, to issue general orders of so vexa- tious a nature? When the foreigners of every nation, when the Spaniards, and even the English are suffered to remain unmolested among us, shall the French alone be condemned to ostracism, because they rendered too great services ? Had they remained gentle spectators of the last events, could their sentiments towards us be doubted, then vve might merely be surprized at the course now followed with regard to them. But how are we to refrain our indignation when we remem,- ber that these very Frenchmen, who aie now to be exiled have so powerfully <:ontributed to the preservation of Louisiana, without speaking of the corps who so eminently distinguished themselves, and in which we see a number of French- men, rank either as officers or privates ; how can we forget that they were Fiench artillerists who directed and served a part of those pieces of cannon which so greatly annoyed the British forces ? can any one flatter himself that so important services could have so soon been forgotten ? No : they are engraved in everlasr- ing characters, in the hearts of al' the inhabitants of Louisiana, and they shall perform a brilliant part in the history of their country; and when those brave men ask no other reward, but being permitted peaceably to enjoy among us the rights secured to them by treaties, and the laws of America, far from sharing in the sentiments which have dictated the general order, we avail ourselves of this opportunity to give them a public testimony of our gi'atitude. Far from us the idea that there be a single Frenchman so pusillanimous as to forsake his country merely to please the military commander of this distrnct, and in order to avoid the proscription to which he has chosen to condemn them ; we may therefore ex- pect to see them all repair to the Consul of their nation, there to renew the act which binds them to their country ; but in supposing that in jdelding to a senti- ment of fear, they consent to cease to be French citizens, could they by such an abjuration, become American citizens? No, certainly they could not; the man who would be powerful enough to denationalize them, would not be powerful enough to give them a country. It is better, therefore, for a man to remain a faithuil Frenchman, than to suffer himself to be scared even by the martial law ; a law useless when the presence of the foe and honor call us to arms ; but which becomes degrading when their shameful flight suffer us to enjoy a glorious rest, which fear and terror ought not to disturb. But could it be possible that tlV;
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In the case of Lauaillier, Judge Hall could not be justilied in sus- pending the issuing of the writ of Habeas Corpus, without being au- thorised so to do, by a law of Congress for that express purpose. Without such a law, the President of the United States could not sus- pend the issuing of such a writ, when it was demanded ; and Con- gress never have, and probably never will make a law so repugnant to the constitution. Yet Judge Hall was arrested by Gen. Jackson and committed to custody, for no other offence, whatever, but the is- suing 01 this writ to effect the release of Lauaiiliar from an illegal ini- prif ontnent. An application was then made by a Mr. Dick, the dis- trict attorney, at the request of Judge Hall, for a writ of Habeas-Cor- pus, to effect his. Judge Hall's, liberation, and Gen. Jackson immedi- ately arrested Mr. Dick, for making the application, and delivered to an officer an order to arrest Judge Lewis for granting the writ ! ! !
According to the usages and articles of war, whenever a military chief has evidence that any one under his command is guilty of mu- tinous or tratorous conduct, or disobedience of orders, he may inflict
<;oiisiitutioti and the laws of our country ohould have left it in the power of the several commanders of military districts', to dissolve all at once the ties of friend- ship which unite America to the nations of Europe ; eould it be possible that peace or war could depend upon their caprice and the friendship or enmity they might entertain for any nation? We do not hesitate in declaring, that nothing of the kind exists. The President alone has, by iVw. the right to adopt against alien enemies, such measures as the state of war may render necessary ; and for that purpose he must issue a proclamation*; but this'is a power which he cannot dele- gate. It IS by virtue of that law and of a proclamation, that the subjects of Great Britain were removed from our ports and sea f>>hores. But we do not know any law authoiizing Gen. Jackson to apply to alien friends a measure which the President of the United'States himself has only the right to adopt against alien enemies.
Our laws protect strangers who come to reside among us. To the sovereign alone, belongs tlie right of depriving them of that ptotection ; and all those who know how to appreciate the title of an American citizen and who are acquainted with their prerogatives, will sfiasily understand that by the Sovereign, I do by no means intend ro designate ^TMajor General or any other military commander, to whom I willingly grant the power of issuing general orders like the one in question, but to whom I deny that of having them executed.
If the last general order has no other object but to inspire in us a salutary fear, if it is only destined to be read, if it is not to be followed by any act of violence, if it is only to be executed by those who may choose to leave the city in order to enjoy the pure air of the country, we shall forget that extraordinary order j but should any thing else happen, we are of opinion that the tribunals shall, soor^er or later, do justice to the victims of that illegal order Every alien friend who .shall continue to respect the laws which rule our country, shall continue to be en- titled to their protection. Could that general order berf^plied to us, we should calmly wait until we were forced by violence to execute it. well convinced of the firmness of the magistrates, who are the organs of the laws in this part of the union, and the guardians of public order
Let us conclude by saying, it is high time the laws should resume their empire; that the citizens of this state should return to the full enjoyment of their rights; that in acknov\ledgipg we are indebted to Gen. Jackson for the preset vation of our city, and the defeat of the British, we do not feel much inclined through grati- ,tude, to sacrifice any of our privileges, and less than any other, that of express- ing our opinion about the acts of his administration ; that it is time the citizens, accused of any crime, should be rendered to tlieir natural judges, and were to be brouglit before special or military tribunals, a kind of institutions held in ahhor- Tence, even in absolute governments ; and that after having done enough for glory,- the tnoment of moderation has arrived; and finally that the acts of authority which the invasion of our country and our safety may have rendered necessary, are since the evacuation of it by the enemv, no longer compatible with our digni- ty and our oath of makinc: the constitution respectvd.
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upon liim a punishment proportioned to the offence, withoiu proclaunni^ martial law That is necessary only when it is intended to extend its jurisdiction over the civil rights of the citizens ; to suspend the ope- rations of the legislative and judiciary departments of the govern- ment, and to subject the people to the regulations and discipline of the camp. This was evidently the object pf Gen. Jackson. He told Major Claiborn, that while martial law existed, no one should be above him. But in the republic of the United States, or indeed in any oth- er government which is not purely military, the jurisdiction ''of mar- tial law cannot be extended to those who are not actually in militarv service, and under the command of a military chief.
13y the 7th article of the amendments, now a part of the constitu- tion of the United States, it is provided that no person shall be held to answer for a capital or otherwise infamous offence, unless on a presentation or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia when in actual service in time of war, or public danger, and by the same article it is also provid- ed that no person shall be deprived of life, liberty, or property, without due course of law.
It was never intended by the constitution, to give to any military chief discretionary power to interfere with the civil rights of the peo- ple. That this was not the view that Congress had of the extent of military power, is obvious from an act of Congress, passed the 10th day of April, 1806; thereby it is enacted, that in time of war, all persons not citizens of, or owing allegiance to the United States of America, who shall be found lurking as spies, in or ab^ut the fortify- cations or encampments of the armies of the United States, or any of I them, shall suffer death according to the law and usages of nations, I by sentence of a general court mai'tial. It is very obvious it was ever considered by Congress that the constitution of the United States, had excluded any and every military chief from extendino- the jurisdiction of martial law to any person whatever, who was not in actual service, unless such persons were designated by a law enacted for that express purpose ; and by this act it appears the persons de- signated are not only aliens not owing allegiance to the United States but who are to be identified as spies, and when found guilty, the law affixes the punishment of death. It was under the pretended authori- ty of this law, that Gen. Jackson sent the French aliens to Baton Rouge, without conviction of guilt, and without a trial. No descrip- tion of persons could be considered more amenable to the jurisdiction of a court martial, than alien spies, and yet it was thought necessary by C ngress, to pass a special act for the purpose of authorising their trial and conviction by a court martial.
It appears then, that in the face of our government, and in the midst of a people who admit no power above the laws, an individual has been permitted with impunity, under the color of mihtary authority, to sport with the lives and liberties of our citizens.
There may be circumstances attending the events of war, in which the public danger might be so alarming as to justify a military com- mander in a momentary sacrifice of the civil riohts of individuals :
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when the preservation of the country might require it. But in sucli extreme exigencies, the necessity of resorting to extraordinary nieeis- ures, sliould be such ?.s to admit of the clearest demonstration. ' From pretended apprehensions, that such danger is approaching, or to guard against what might be considered well founded suspicions, it was nev- er intended by the constitution or the policy of our government, that a military chief, in time of war, may at his discretion, put down the civil administration, ^y a proclamation of martial law.
By referring to the dates of events attending his administration of martial law, it will appear that any of the violations of the rights of the citizens he committed under the color of that law, could not have been dictated by a sense of public danger ; that the public safety did not require them. .
It is well knov/n that the proclamation of martial law was made on the 15th of December, 1814; and the celebrated victory, as has been remarked, v.'as on the Sth of January following. The articles of peace were signed at Ghent, on the 24th of December, 1814, and rat- ified by the president of the United States, on the 1 7th of the Febru- ary next Ibllowing.
It has been already shown, that on the 22d of January, 1815, when he inflicted the punishment oi death on the six militiamen, and an igno- minious punishment on about two hundred others, it could not, as his friends have urged, be considered a necessary measure of defence against the enemy, dictated by a sense of danger, since he, on the 19th of January, had written to the Secretary of war, that at that time Lou- isiana was clear of its enemies.
On the 7th of the March next following, he received conclusive e\ - idenpe from the seat of government, that peace was ratified between the United States and Great Britain. But Lauaillier, on the 4th of the same month, when he was a member of the Legislature, was, by or- der of Gen. Jackson, arrested, imprisoned, and ordered for trial by his court martial. On the llth of the same month, Judge Hall was arrested and sent out of the city, and kept in custody, for issuing the writ of Habeas-Corpus, which has been mentioned, for the release of LaualUer. The order for the removal of the French aliens, and the imprisonment of the French Consul which has been mentioned, was made on the 28th of January, 1815, nine days after the enemy were gone. The French aliens were not permitted to return to New- Orleans, until the 8<h of March, nineteen days after the ratification of the treaty by the president ; and the French Consul was not discharg- ed until the 13th of March. Tousard was the friend of La Fayette, and was maimed in our revolutionary war.
Immediately after the llth of the same March, l\Ir. Dick, the district attorney, was arrested and imprisoned for making appli- cation to Judge Lewis for a writ of Habeas-Corpus, for the re- lief of Judge Hall, and an order also was by order of Gen. Jackson delivered to an officer for the arrest of Judge Lewis, for issuing the writ. It is not known by the author of these remarks, that Judge Lewis was arrested on this last order. The officer who received the order misht have been deterred from contributing his aid to such ille-
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gal and disgraceilil proceedings, or might not have had an opportuni- ty to have executed the order before the 13th of JMarch, after which time Gen. Jackson could no longer conceal the fact that peace had taken place, and was therefore, on that day, forced to the necessity of publishing the news of peace, and revoking his order ior the procla- mation of martial law. ^ I have said that he was forced to this measure, because it appears from the whole course of his administration of that law, he exliibited such a predominant disposition to make a wanton and supercilious display of his military power over the civil rights of the citizens, and that too after the reasons which he had himself assigned for the order of martial law had ceased ; he must with reluc- tance have parted with that power, especially when he had just reason to expect that when he could no longer be protected in his mad ca- reer by the event of war, he should have to surrender himself to the justice of an indignant, insulted, and abused people ; and the people of the United States have cause to exult in the recollection, that one magistrate has been found, v/ho hastened to wipe away the stain upon our national honor,- and to avenge the insulted dignity of the laws of the republic. The Hon. Judge Hall, being released from his imprii?- onment by the proclamation of peace, which was made on the 13th of March, issued his warrant for the arrest of Gen. Jackson, on the 3 1st of the same month, whereupon he was brought before the court, iln which Judge Hall presided, and was put upon his trial, on a chargie, that while the Judge of the United States was exercising one of the most important functions of his office, he was imprisoned, by order of the General, that the process of the court was treated with disrespect, that the officers of the court were menaced, and finally, that by threats and violence, the course of justice was obstructed. After havin/-^ heard his defence, the Judge imposed on him a fine of one thousand dollars.
The government of the United States, from extreme indulgence, m consideration of his energetic and heroic achievements in defendino- his country, have hitherto spared him from that punishment, which, by the violated laws of his country, they might in justice have inflicted.
It was indeed an unfortunate event, when only thirty-eight years of our existence as free and independent states, had elapsed, our govern- ment was impelled by imperious circumstances, either to inflict an exemplary punishment on a military chief who by his brave achieve- ments, had rendered important services to his country, or permit an individual with impunity, wantonly to violate the fundamental, princi- ples of the constitution and laws of the republic. To inflict the pun- ishment, might incur, however unjustly, the imputation of ingratitude from an important and essential department of the government. To acquiesce in his guilt, would be establishing a prescedent, which in some future period, might encourage an exertion of military power, that in case of a long protracted war, might prove fatal to liberty. The evils resulting from this dilemma of circumstances, might in some degree have been alleviated, by the oblivion of their author.
But since it is proposed by a few individ?ials. to elevate h'm from The infamy to which his vices and his crimes had assigned him, to the
lirst otiice in the government, he must be brought beibre the tribunal ot" pubUc opinion for his trial, and it is behoved the people will do liim that justice, from which his advocates have intended to screen him.
Enough has already been exhibited, respecting the public character of Gen. Jackson, to exclude him forever from the confidence of the people. No one, whose mind is not blinded by passion, or prejudice, or interest, can believe that a sense of patriotism, of expediency, or even of mistaken policy, could have been the cause of the vices, the errors, and the crimes, of which he was guilty, in the discharge of his official duties. From the very texture of his constititution, as well as from pernicious habits, and manners, and principles, contracted in early life, he has been formed for a tyrant, and the sword of a military despot, is the sceptre he would wield.
In his private conduct and intercourse with his fellow men, he has exhibited an impetuous and ungovernable temper ; a savage and dan- gerous disposition.
His conduct in the Seminole war, identified his character with that of his savage foes ; yet because Mr. senator Eppes and Ldcock dared to make some appropriate strictures in relation to it, he threat- ened to drag the former from his seat, and threatened personal violence to the latter.
Under the delusive guise of chi%alric honor, he has from his youth bQen in the habit of indulging his malignant temper in acts of vio elnce. The details ot the numerous iastances in which he has enter- ed the field of private combat, and the suffering and misery he has thereby occasioned to the victims of his vengeance, and tfieir survi- vino- relatives, would b,e revolting to humanity. His affair of honor with Charles Dickerson, is enough to furnish a striking specimen of the depravity and meannes of his private character.
It appears that in the summer of I 806, Gen. Jac^:s6n ofFere' to bet five thousand dollars with Charles Dickerson, that his (the General's) horse would beat Dickerson's in rumiuig the four mile heats ; which ofier was accepted. Dickerson's rider, said he lost the race by foul play ; and that Gen. Jackson's rider jostltid him near the close of the last round. Gen. Jackst&n, on hearing this charge, said he would hold any man responsible who dared to accuse his rider with foul play ; whereupon a quarrel arose between them, Avhich ended in Gen. Jackson's sen ling Dickerson a challenge, which was accepted. The formalities attending this combat have been differently detailed ; but the result was, that he killed Dickerson under circumstances shocking to humanity.
Gen. Jackson, in his correspondence with President Monroe, ex- pressed it as having been his opinion, "that Madison was unfit for a president^ because he could not look on bloodshed and carnage with composure." It will he acknowledged, that Gen. Jackson is not defi- cient in this qualification, but can look on such scenes not only with composure, but with compl licency ; war is the element in which he is destined to move ; it is there he might render his country important services, would he subject his disposition to the control of the civil
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po\yer ; and there he might acquire for himself the splendid honors which are due only to the hero. But he most clearly evinced a reso- lution not to submit to civil authority, so long as martial law could enable him to resist it. This is attested by his declaration to governor Claiborne, that while martial law continued, no man should be above him; and he never, on any occasion, evinced an inclination or inten- tion of revoking his order for the administration of this law, in any circumstances, until the termination of the war. If he had not a strong predilection for a military government, and to rule, himself as the chief executive officer in its administration, why did he actually extend the jurisdiction of that law over the civil rights of the peo- ple? Why did he suspend the legislative and judiciary power of gov- ernment by the operations of that law ? His only answer has been, that the severities of martial law, were necessary measures to aid him in his defence against the common enemy, by checking and controll- ing the mutinous and traitorous dispositions, which were discovera- ble among the citizens of New-Orleans. But such dispositions could not be discoverable without some evidence arising from some overt act ; mere suspicions without evidence of guilt, could never justify either a civil or military magistrate, in controlling for a moment, the right of the personal liberty of any one, whether soldier or citizen ; and if Gen. Jackson had evidence of such guilt, why did he not avail himself of it, and arrest and punish some one who might be guilty of mutiny, or treachery, or treason? He evidently discovered no aver- sion for iiui ting punishment; on the contrary, it appears he had a keen rehsh for that business !
His appetite for inflicting punishment must have been voracious indeed, when it excited him to punish three hundred of our own citi- zens in fifty-three days, not one of whom had incurred the penalty of any law or usage, or article of war,— and that, too, after all danger from the public enemies of our country, had ceased.
Why then, since this brave general, this faithful servant of the re- public, who was so scrupulously diligent, in detecting enemies, and searching out the victims of guilt, and subjects of punishment ; why did he not in some one instance, discover satisfactory evidence of the guilt of an individual, on whom he might have inflicted an exemplary punishment, and thereby furnished some evidence to the public, that the reason he had assigned, for his justiflcation in proclaiming mar- tial law had some foundation in truth ?
If mutiny, and treachery, and treason, of which he so much com- plamed, had in reality existed, and that too, to that alarming extent he had represented, some overt act of its authors, in some circumstance, must have exposed their guilt. But it is believed there never was any evidence of that dangerous disposition afliQig the citizens of New- Orleans, that in a single instance could justify a conviction of guilt. It has been clearly demonstrated thaf (h- punishments inflicted by Gen. Jackson, under the authority of martial law, which were very numerous,* were on those who incurred no guilt, and by no law but the dictates of his will.
*• The whole number of persons who were punished, either by death, imprison ?Wnf wri^"°™'°'°"' punishment, during only 53 days, and after Louisiana wa- Clear ol its enemies, was raore than three hundred ! ! !
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Tlie perpetuity of republican privileges will depend on the cliaracler of those who administer the government. It will be in vain for us to boast of our free constitution, and a government of laws, if we will clothe men with authority, who are disposed to violate the constitu- tion, and withhold from tlic people the protection of the laws at their will. There is no remedy for the evils which might result from the political conduct of men, wko should be disposed to substitute theii* will for law, but in the exertion of physical tbrce, and when the gov- ernment might be impelled to resort to this remedy without success, there would be an end to republican hberty ; and if such remedy suc- ceeds, we could not expect that those who were made to regard the law only from compulsion, would be kept in subjection to it, by any other means. In either event, therefoi**, a government allied to a military despotism, if not absolutely such, must be the result.
Such events have hitherto sealed the fate of fallen republics ; and the approach of such events may be apprehended, when a despotic military chief shall gain possession of the first executive office in the republic, whether he forces his way to it, or it is procured for liim by the arts of cabal and intrigue, or the iniiuence of corruption.
It was a knowledge of the history of political events, and of* the character of Gen. Jackson, as it had been exhibited in his military administration during the last war, that must have im- pressed the mind of Mr. Jefferson, late President of the United States, when he expressed the opinion, "that the run which Gen. Jackson had at the election, was an evidence that the republic would not stand long ;" and which induced him to remark, that ^'during a long life, he had attentively watched the progress of political events in the United States, with a particular view of satisfying his mind, that mankind were competent to self govern- ment, to believe which his principles inclined him ; and that du- rin'T his whole political observation, the disposition of the Ameri- can people to elect Gen. Jackson president, was the single cir- cumstance which had shaken his faith, and made him fear that the American republic was soon to follow the fate of alJ others, and to fall under military rule."* Mr. Jefferson well knew, what all rnav know, whose minds are enlightened with the knowledge of political events, that a bold and unprincipled military chief, at the head of the executive department, had always been the fatal in- strument of subverting republican liberty.
It was not difficult for him to discover the signs of a fatal politi- cal degeneracy, when a few individuals, the impostors of pretend- ed patriotism, impelled by passion and prejudice ; by motives ex- clusively selfish, by dispositions vindictive and rapacious, had, by the arts of cabal and iibtiTgue, succeeded in procuring the suffra- ges of a large portion of the electors for a man like Gen. Jackson, To fdl the f rst office in the gift of the people ; an office of more
* Seethe letter recentlv published. December 1827, dated Madison county, Illi- nois, Nov. 23d, 1827, and" Thomas W. Oilman, Charlottsvillo, May 27th, 1827, tes- tifying positively to the fact of Jefferson's having said one might as well make h bailor of a cock, or a soldier of a sroosc, as a president of Andrew Jackson
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iinportaiice in preserving the rights of man, than any oihti uj, earth ; for a man like Gen. Jackson, with not a single' qualifica tiori but that of courage, of military prowess, and a disposition to exert it, in contempt of the laws of his country, and the dictates of humanity.
It is not strange that a man like him, of ardent and desperate ambition, should aspire to the office of chief magistrate. Neither is it strange that a few individuals were to be found, to nominate him for that office, who are abandoned to their personal views of preferment ; and who, to secure for themselves the patronage of the executive power, must elevate to its dominion, a man most like themselves, and whose predominant motives will devote him to the interests of those to whose effiDrts he is to owe his eleva- tion.
^ Those who nominated Gen. Jackson, knew very well, that to insure success in his election, be must by some means have ac- quired a degree of popularity ; and they knew that his militarv exploits at New-Orleans, especially on the 8th of January, 1815, v/hen lie drov^ the enemy from that part of the country, Iiad given great eclat and publicity to his fame ; that heroic achievements, in the field of battle, amidst scenes of bloodshed and carnage, often gaye^ to popular applause a more fascinating* impulse on public opinion, than the profoundest display of wisdom., or ardency of patriotism in the councils of the cabinet. They knew that he had not acquired that poUtical celebrity in the councils of the re- public, that could entitle him to the office of chief magistrate, tp which he presumptuously aspired ; it would, therefore, create a debt of gratitude from him, to reward those with his patronage, who should .be the means of aiding iiim in the acquisition of it. But it IS beheved the people of the United States never had any suck knowledge of his character, as would have designated him for the office of president Those who have heretofore supported him, have been fascinated with a recollection of his heroic achievements; the history of Ms real character either inpubhc or private life, has been studiously concealed from the people of the United States. They have been impetuously incited by false no- tions of gratitude or admiration, and by the crafty machinations of designing politicians, to make an effort to elevate a rash and inju- dicious man, to a place which belongs only to tried experience and capacity, and unsullied virtue.
But it is a consolation to believe, that there is yet a redeeming power in a great majority of the people ; there is enough of re"^- flection and consideration, to counteract the weak and wicked de- signs of the few, and their devoted followers. If their suffrage is again asked to aid m the elevation of Gen. Jackson to the first office of their country, they will be impelled to say in the lan- guage of Mr. Clay: the candidate, however illustrious he may be, must present some other title than the blood stained laurels, gath- ered in the field of battle, however glorious.
These remarks are not intended to attach disrespect to the pro»
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tession of arms, or to the character of a soldier ; military attain- ments, when accompanied with other requisite qualifications, may be a reason for civil promotion; and when eminently displayed in de- fence of our country, ought to be justly and liberally rewarded. And the people of the United States have evinced a disposition to bestow such rewards.* But there is, however, always danger that in the ardor and enthusiasm of their liberality, they may in- judiciously confer unappropriate honors. It would be a danger- ous precedent to reward heroism with the chief executive power, however gloriously it may have been displayed. Neither can we be too jealous 'of any man, who, by the eclat of military exploits in the field, discovers an ardent ambition of elevating himself to the summit of civil power.
Should the name of Andrew Jackson be continued on the list of candidates for the Presidency, a most interesting crisis in the history of our republic will be presented. The hereditary dynas- ties of princes are looking with extreme solicitude to the result of the eifort to perpetuate a government of laws, and of rational lib- erty in America. Should the conduct of the people of the Uni- ted States, in the choice of their chief magistrate, be influenced by wisdom, and by the dictates of a pure and enlightened patriot- ism, it will evince ift them a capacity for self government, which has never yet been exhibited on earth ; and may be the means of awakening from the slumber of ages, the spirit of freedom on the eastern continent, and of prostrating in the dust, the thrones of tyrants throughout the world.
Americans have been habitually inclined to adopt the sentiment of the poet, in thinking all other republics mortal but their own ; and to believe that a constitution written on paper, will preserve their liberties entire, amidst the conflicts of factions, of passion, of vice and error ; while some of them are making an effort to commit the guardianship of this constitution to a man, who has had no scruples in violating its most essential provisions. This political paradox in their conduct, is a demonstration, that the spirit and manners of the people has degenerated ; or that the do- minion of political delusion has commenced its progress over rea- son, truth, and common sense.
If the political character or conduct of Mr. Adams, or the measures of his administration, are impolitic, or partial and une- qual in their operation, let them be publicly investigated and ex- posed. His supporters are ready to meet the strictest scrutiny of
* Aftei the close of the war, in 1815, On, .Tackson was continued in command \mtil the army was disbanded in 1821 while lie enjoyed an undisturbed retire- ment, with the exception of a few months active military service, for six years; during which time he received neaily fifty thousand dollars, as appears by ac- counts communicated to Congress. This is the man who, we are told, retired like Cincitinatus and Washington, and converted his sword into a plou^-hshare. — After the army was disbanded, he received three months pay, while ne was re- <;eiving a salary of a new and honorable appointment as governor of Florida. Some of the most important acts of his administration under this last appointment >vere repealed by Congress, in 1822, as manifestly unconstitutional.
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his opposers ; and he himself, so far from shrinking from an inves- tigation of his character, either in public or private life, earnestly solicits it. But the leaders of the opposition have unfortunately attached entire discredit to their own attestations on this subject, by avowing themselves to be actuated first of all by motives of hostility, and a fixed resolution to oppose his administration, whether it should be wise or impolitic. No other credit is there- fore due to any thing they may allege against Mr. Adams, or his administration, than could be to a witne?s, who when called upon to testify in a court of justice, should declare his resolution to testify against one of the parties, whether he knew any thing re- lating to the cause or not.
Whenever a determination is discoverable among a few lead- ing men in congress, to oppose a chief magistrate and his admin- istration, at its very commencement, it evinces a political deprav- ity, and that destitution of republican virtue, which should en- stamp on their character, and that of their devoted adherents, disgrace and dishonor ; and excite the jealousy of the people, not against the administration, but against them.
In the political, as well as in the natural and moral world, the principle, that like causes will produce like effects, is equally im- portant and true. A single event which may appear inconsidera- ble in itself, may, in the progress of things, occasion a succession of important events, which might change the condition of a whole nation. One rash and injudicious act ; one ill concerted project of a chief magistrate ; such as might be expected from a man ac- tuated by violent passions, an impetuous temper, and lawless dis- position, might inflict evils on our republic, which an age of wis- dom could not remove.
As well might it be expected that the eruptions of Vesuvius would send down from its summit the fertilizing aliment of plants, and deck the fields with flowers, as that the councils of a cabinet, produced by such a man as Andrew Jackson, should preserve the tranquillity, and promote the honor and welfare of our coun- try.
The laws which govern human actions and passions, have hith- erto decided the progress and fate of republics ; and the same ci- vil commotions and disorders which rent asunder the bonds of union, and overturned the civil constitution of the Romans, a thousand years ago, would have the same effect on our own, at the present time.
The character of the chief magistrate has marked the progress ,o? political degeneracy, and decided the fate of republics, both in ancient and modern times. Sylla, a Roman general, by his mili- tary achievements alone, acquired the popularity and the power, by means of which, he put an end to the Roman commonwealth ; and after him a long succession of military chieftains, triumphed, by the sword, over its expiring liberties. Whether they were aid- ed by the deluded populace, in their elevation to the chief com- mand, or forced their way to it, by their courage and physical
>irciigiii ; the re.-ult was the same ; and they n ere never wanting , in pretences for breaking down every distinction between a gov- ernment of laws, and that of men ; or between a free republic, and a military despotism.
If we would avoid the fate of other free states, the people must awake to their duty ; they must arise in the majesty of their virtue and guard every avenue to the citadel of our liberties, against the first approaches of lawless ambition
There is nothing in the form of our civil constitution, or in the peculiar disposition of the American people, which can change the operation of the old and trite principle in philosophy, that like causes will produce like effects in the political state of man, as well as in the natural world. Should a general degeneracy in the manners and spirit of the people prevail, they will disregard their rights — ^^passion will triumph over reason, and civil liberty will perish.
There are already too many among us who seek, and who acquire the confidetice of the people withdfet deserving it ; and who, while- they would be dictators of the public will, would rather see the last vestige of republican liberty in ruins, than yield their pretonded claims to preferment and to power.
Examples taken from past time have more power over the minds of men than any of the age in which they live. What we see grows familiar. It is because the people .have been seen to indulge an ha- bitual inclination to place a blind confidence in their favorites, who are often the impostors of pretended patriotism; because the follies and vices which have been engendered in the conflicts of party dis- sension, have grown familiar ; that we have among us some indivi- duals, who have ventured to hazard an attempt, to impose on the peo- ple of the United States a chief magistrate, who has exhibited to the world a character opposed to every moral and political principle, which should constitute the basis of rational liberty. Had such a man as Andrew Jackson been nominated for the Presidency twenty years ago, with no other claims on the people's confidence than he now presents, it v.'ould have excited an emotio • of general indignation, and con- signed his advocates to deserved reproach and contempt.
It is believed there may yet be virtue enough in the people to pre- vent the fatal effects of a single corrupt and injudicious choice of a chief magistrate. But should the evils inflicted by such an event, not prove fatal or perpetual, it will hereafter encourage those, who, in pursuit of power and j^ersonal preferment, will be willing to hazard the experiment of any innovation or change.
The evils which prove fatal to republics, may be expected to be , gradual in their operation, so as not to excite alarm at any particular period, until the spirit and manners of the people become so degene- rated, and their condition so depressed, that "their rights will expire or must revive in a convulsion." That will be the most important period in our history, when it shall be recorded of us, that our reason and wisdom have triumphed over passion and prejudice ; not that ^x*- riod when by our courage we purchased liberty ; but when by our virtue we cnstamped on its existence immortal duratioji.
[2o j
There are important reasons arising iVom tlie spirit of the constitu- tion and the poHcy of our republic, which imperiously urge us to the re-election of a chief magistrate who has merited public 'confidence. The provision in the Constitution for the re-eligibility of a President was intended to secure the privilege of continuing the advantages of an administration which had advanced the interest and honor of the country : It also furnishes strong motives to the President in oflice, to act with firmness and integrity, from a consciousness that by de- serving the confidence of the people, he will be more likely to secure the reward of a re-election. It will be admitted that the desire of re- ward is one of the strongest incentives of human conduct ; and also that the best security, for the fidelity of mankind is to make interest coincide with duty. It must be acknowledged to be the duty of- the people of the United States, to establish for themselves a character for stability and fidelity, that will secure to the President in office his re- election, as the reward which will be due for the integrity, the firm- ness, and the wisdom of the measures which may distinguish his ad- ministration; and there can be no stronger incentive to the good conduct of the chief magistrate, than a pledge of this reward ; neither can there be any other provision for this pledge, but in the fidehty, the patriotism, and the stability of the people.
If the chief magistrate has discharged the duties of his office so as to claim the general approbation, and is excluded from a re-e'ection at the end of four years, the country is thereby deprived of the advan- tages of his experience. The truth of the adage that experience is the parent of wisdom is admitted by the wise, as well as the simple ; and is perhaps a more essential and desirable quality in that officer,' than any other. The measures, and the geneml policy of a new ad- ministration, very soon gain that publicity which enable the people to form correct viev/s of its character. And if it is such as to evince the wisdom and the integrity of the chief magistrate, why should the advantages to be derived from it, be put at hazard,. by changing that officer, and others which would be the result of such a change ; and measures too which have met the general approbation ? For it can- not be expected that when the authors of an administration are chano-- ed measures will remain uniform; especially when extraordiuanr effiarts have been made to effect the change ; it may be expected the new administrators would be ambitious of some other disfinction, than that of continuing the operations of a policy, marked out by their predecessors. Neither could the right of electing a new President at the end of four years, be intended to equalize the honors and emolu- ments of the office among those of equal merit. The people could expect to derive no advantage from excluding the chief magistrate from a re-election, for the purpose of electing one whose qu'alifica- tions could notj^e thought superior to those of his predecessor. The right of changing the chief magistrate, and with him, the other im- portant officers in the government, was also intended to secure the people, against the evils of a weak or corrupt administration. When such evils do not exist, but on the contrary, the administration is dis- tmguished for talents, for integrity and wisdom, neither expediency or
[ 24 j
sound policy can be urged in favor of a change. By an unnecessar)', wanton and corrupt exercise of the right of changing the chief magis- trate, provided by the Constitution, the object of the provision might be defeated.
If at the expiration of the first term of the Presidential office, we exclude by our suffi'ages the chief magistrate, who has in the per- formance of his official duties, apparently pursued the best interest of tlie country, and in every part of his administration displayed the cha- racter of an enhghtened, wise, and independent magistrate, we do thereby in effect annul an important provision in the Constitution. When once the people shall exclude by their suffi-ages a wise and meritorious chief magistrate, from a re-election, it will hereafter be urged as a precedent, the influence of which may by habit, come to operate with the force of law on succeeding elections.
If the principles of a wise policy not only admit, but require that such an officer should be re-elected, and the people are led by the insidious arts of unprincipled and aspiring partisans, into a habit of disregarding such principles, the great object of the provision of re- eligibility, will be defeated, and become only a dead letter. The provision itself had by far better be annulled, by an amendment of the Constitution, than that the people by the force of habit, should acquire a disposition to disregard the important objects it was intended to secure.
If we exclude from a re-election, a man so eminently qualified for the office of chief magistrate, as Mr. Adams, the present incumbent is acknowledged to be, both as to his political science, and the wis- dom, integrity, and dignity of his character; what pledge for the fidelity and constancy of the people can any exertion of merit, by those who may succeea him in that office, ever hereafter expect to se- cure ? It will form a precedent in the annals of our history, which, although it will not inevitably exclude the reward of a re-election, from those who may hereafter most deserve it ; yet it will render the acquisition of it so precarious, as to furnish of itself, no incentive whatever to good conduct. We could not expect a man er:stamped with human frailty as all men are, to undertake arduous and exten- sive measures for the public good, which would require much more time to perfect them, than a single prasidential term would admit, when he had reason to believe from the inconstancy of the people, that before he could complete them, he should have to commit them as well as his reputation to others, who might be both unequal and un- friendly to the task.
We have had great cause for exultation, that a disposition has here- tofore so extensively prevailed, to establish a character tor constancy and fidelity, which has been evinced by the re-election of our chief magistrates except in one instance. There has been, it is true, an opposition to re-elections, hut it has been founded on different princi- ples, and excited among the people by different motives, from those which actuate the opposition to General Jackson. No candidate, ex- cept him, has ever yet been proposed for the Presidency, whose cha- r?tcter was such as to exclude all reasonable expectations, that bis adr
[ 25 ]
ministration might promote the interest and the honor of the republic. The opposition to other candidates has arisen either from a diversity of opinion relative to their political views and principles, or from local considerations, either of which, it is believed, do not furnish the prin- ciple ground of opposition to General Jackson. His opposers are well agreed, that he does not possess a single qualification, suitable for the office of chief magistrate. Even his -military talents and prowess, under the direction of a temper and disposition like his, ren- der it improper and impolitic, to intrust him with the chief command of a military district.
But however less exceptionable/ the character of a new proposed candidate might be ; should the different candidates have equal claims on the confidence of the people ; the evils inevitably resulting frcm a contested Presidential election, are so well known, and so deplorable in theii* consequences, that no effort, which may be consistent with the maxims of a wise policy, should be wanting to avoid them.
The experiment which is making in the United States, of electing a chief magistrate, is not the first that has been made in the world ; and what has heretofore been its operation and end is well known. Directed by a few corrupt, ambitious and desperate individuals, it has produced the greatest misfortunes, and finally the rum of other re- publics.
The transcendant honors and privileges necessarily appertinent to the office, present a prize, which may be expected to excite the emula- tion, and inspire the most ardent ambition of different candidates, v/hile the extensive patronage attending success, brings into hostile array, a formidable host of contending partisans. The press, intend- ed as a resplendent beacon, to point men to the light of truth, is pros- tituted to the diminutive and degrading views of self-preferment. Every sordid passion and paltry prejudice is enlisted in the contest. Tlie diverse attachments, enmities, hopes and fears of leading men in community are excited ; who do not scruple to sacrifice the national tranquillity, to the purposes of personal advantage or gratification. The malignant passions are set on fire ; and the people are subjected to the impulses of rage, resentment, jealousy, avarice, and every irre- gular and violent propensity. The spirit which generates these evils, " distracts the public councils and enfeebles the public administration ; agitates the community with false alarms^; kindles the animosity of one part against another, end often occasions riot, violence, and insur- *^i-ection.''
" The domination of one party over another, incited by a spirit of revenge, has in different periods of the repubhcs, often inflicted the most horrid enormities, and has itself proved a frightful despotism."
These are some of the evils which result from a contested Presi- dential election ; and so cormpting is their influence on the public morals; so degrading to the dignity of national character; and so deleterious to the permanency of republican liberty, that theyJhave in other ages of the republics, heretofore, disposed the minds of men eventually to seek repose in the absolute power of an individual.
The people have the power of arresting the fatal progress of these
D
I 26 ]
evils ; by their habitual constancy and lidehty to the chiet magistrate, who is wise and faithful in the discharge of his official duties, they can discourage all overtures, and set at defiance every effort to introduce a new candidate to that office, when the essential interests of the coun- try do not require them. The great mass of the people have no inte- rest individually m the change of a President or the administration. The provision in the Constitution for a re-election, was not intended to provide the emoluments of office, for a few aspiring individuals, at the end of every four years ; but to secure the people from the evils of a contested election, when they might be so fortunate as to have a chief magistrate who should merit a continuance of their confidence.
We may expect there will be a perpetual succession of aspiring and rapacious expectants of Presidential patronage, who will unceasingly assail the constancy and fidelity of the people.
The eftbrt by which provision was made for a constitutional mode of electing a chief magistrate, was a more perfect exhibition of national wisdom and deliberation than the world had ever seen. It remains for the people to evince by their conduct, that they will stedfastly pur- sue the great objects it was intended to secure.
But it cannot be concealed from the world, that a determined and desperate effort is making to defeat these objects.
Never did the condition of our government more imperiously urge>^ the people to a re-election of any chief magistrate since the days of Washington, than that of JNIr. Adams. It will be recollected, that the two great poUtical parties, heretofore known by the distinguishing names vyf federahsts and republicans, were at the election of Mr. Jef- ferson so equally divided, that he obtained a majority of only a single vote ; yet notwithstanding the strong prejudices excited by party zeal at that time, and when Mr, John Q. Adams was reputed to have been attached to the party opposed to the election of Mr. Jefferson, he re- ceived from him, as has been before observed, the appointment of mi- nister plenipotentiary to Russia. The violence of party zeal which has heretofore consigned to opprobrious censure every other individual of political distinction, could never diminish in him the confidence of any administration, nor induce any one of our chief magistrates to dispense with his services ; with such high consideration did they view his capacity and his qualifications for public employment, and such the purity and integrity of his character. He seems to have been destined in the course of human events, to possess the confidence of those two political parties, which heretofore hac' rent asunder the bonds of our union ; and to check the fatal progress of those evils, engendered by party dissensions, under the insignificant distinctions of mere names. So hopeless has been the prosj3ect of a successful op- position to his political character, that it never has been attempted un- til it was commenced by a few individuals of desperate ambition, who have hoped by the delusive influence of heroic fame, by the insanity of enthusiasm, and false notions of gratitude to a military chieftain, to drive him from the councils of the cabinet, and thereby acquire for themselves places of power and consequence, from wliich reason, truth and justice would exclude them. It has been reserved for the
advocates of Andrew Jackson to make the discovery that John Q, Adams was not duly quahfied for political concerns, but was a wick- ed and designing man ; and that Andrew Jackson was the ihan above all others the most suitable to reform and save the administration of our government from political degeneracy. Notwithstanding such men as Washington, Jefferson, Madison and Munroe, together with those illustrious char icters who have directed the destinies of our re- public for thirty six years, while it has been elevated to an unexampled height of prosperity ; although this august assemblage of men, who would have honored and blessed the councils of any country in any age of the world, have been of the opinion that he was pre-eminently qualified, for the most important offices in the administration ; yet it has been discovered of late by the few individuals who projected the nomination of Andrew Jackson, that this same iMr. Adams is, and has been an unwise man, and a dangerous statesman.
But why have not these honorable gentlemen, distinguished for pa- triotism as they declare themselves to be, until now divulged the result of their discoveries, to the people, and thereby endeavoured to correct the devious tendency of public opinion ? Was it not because the pe- riod had not arrived when they were prepared to put in their claims to presidential patronage ; because they were not before ready and anxious to aid with their politieal services, the councils of the cabinet ; because they had found no man before Andrew Jackson who had en- couraged them confidently to expect, that he would open the door to every avenue whicn might lead to the consummation of their aspiring- views ; that no one but him had given such ample assurances that every officer in the administration, should be compelled to yield his place to them and their favorites.
That this would be the first truits of his administration, should he accede to the Presidency, his advocates Ijave exultingly proclaimed.
Neither have we any reason to doubt that such would be the result. We may well suppose that the man who would not admit the laws of the land, nor the obligations of moral rectitude and justice, as his rule of action, when opposed to the dictates of his will, would not forbear to take a signal vengeance on those who had been instrumental in pro- tracting the event, which is to consummate the first object of his wishes. It would be in perfect accordance with every public act of his life, to divest of power any and every individual who had presumed to ques- tion his merit, or oppose his designs.
But preposterous as is the project of General Jackson's nomina- tion ; and however diminutive the number, and improper the political views of its authors, they would now^ sanction its expediency, by the number of their proselytes. Can efforts, say they, which have beeu encouraged, by so large a portion of the people, be considered im- provident or inexi)edipnt ? The man who should consider this an in- explicable paradox, would betray his entire ignorance of the political character of man, as it has been exhibited through the whole history of republics. The most abandoned tyrants that have heretofore con- signed republican liberty to the dominion of despotism, have owed theit elevation to the people.
L2S]
It has been observed that a large portion of the people, and those too reputed as honest as any, were too tbnd of their own ease and peace, to 'trouble themselves much with public affairs, and were in the habit of yielding their political conduct to the dictation of certain favorites. But the moti^'es by which favorite leaders are actuated are often improper, and not known to the people. This inattention to the character and motives of popular leaders has often been attended with the most fatal and disastrous consequences, t The people tlu'oughout the world have always possessed both the physical and moral power of establishing for themselves free constitutions, and sys- tems of rational liberty ; the use they have made of this privilege is but too well known ; they have permitted their popular leaders to lead them on from one error to another, till at last they have been forced to consign their liberties to the dominion of a tyrant. It will be re- collected, that Aaron Burr was once a powerful and popular leader, and that an effort was made to elect him chief magistrate ; and be- cause Alexander Hamilton, who was at that time unpopular, warned the people that he was a dangerous man, it cost him his life ; and that Aaron Burr not long afterwards, had a bill found against him on a charge of high treason against the United States.
We, my fellow citizens, must learn the qualifications of a candidate for the Presidency, from a more pure source, than from those who set themselves up for popular leaders, who ai*e actuated by motives of interest, which would discredit theii' testimony in a Court oC Justice, in a question which involved the right to a' single dollar.
There are too many of our useful and respectable citizens, who en- gage in a contested election, from motives of envy, or jealousy, or from some personal prejudice ; not because they believe the welfare of the country requires that they should oppose the proposed candi- date ; but because they would oppose certain individuals, who are his friends and advocates ; there are too many of our citizens, who ir\- dulge the little ambition of being instrumental in appointing a ruler for those over whom they would exercise some superiority; such is the love ff power, if they cannot be rulers themselves:, they would rule by proxy, and would rather belong to the predominant party in a contested election, than to be the known advocates of a candidate against whom there is no opposition. And it is very certain too, how- ever much to be regretted, that too many of our citizens are destitute of that information, which might enable them to detect the arts of in- trigue and deception with which they are continually assailed by de- signing men ; and what is more deplorable, are profligate in their manners, and abandoned to their vices. From this view of the cha- racter rmd improper motives which govern the conduct of many of^ our citizens it is easy t) see how popular leaders of pro- fligate manners and desjierate ambition, may turn the laws which govern human actions and passions to the purposes of their own ele- vation. Whosoever should conceal from the contemplation of the people these considerations, or forbear to admonish his fellow-citizens of their danger from a delicacy or dread of popularity, would be guilty of a weakness, if not a vice. When votes are given under the
uillueuce ot' passion, or may be obtained Jjy fraud, falseiiood, bribery, intrigue, and every species of corruption^ their number furnishes no evidence whatever of the merit of a candidate ; and against the means of prostituting the right of suftrage, no civil constitution can effectual- ly provide.
It is said that a man cannot obtain the votes of the freemen for an important otfice, unless he becomes popular. This is indeed true. But there are two ways to obtain popularity ; one by meriting the confidence of the public, by a wise and faithful discharge of the va- rious and important duties of public or private life ; by his attachment to the laws and constitution of his country, and a sacred regard to the precepts of a pure morality ; when by the general course of his conduct his merit becomes conspicuous, his popularity commences, and follows him. But there is another way of becoming popular, which owes its origin to the councils of a caucus, or secret meetmg, held for the purposes of political intrigue — the general object of which is to render some individual popular, who may not have attracted the attention, or commanded the confidence of the public. Men who de- rive their popularity from this source, do not 'rely so much on their merit, for their elevation, as on the efforts of those who have a per- sonal interest in rendering them popular. The number of votes which such men may obtain, will depend on the zeal and efforts of their advocates ; who by unceasing asseverations in their behalf, often induce the people to believe that those who can create so much ex- citement and anxiety, must deserve the public confidence. A volume might be filled with the names of those v.rho having acquired their po- pularity by such means, have proved the fatal instruments of subvert- ing repubUcan hberty.
The Siren song of popularity has led the train of fallen republics from Nero to Napoleon.
'^ Look to the lessons of history. During the late revolution in France, after the people had got rid of their monarchy, they possessed the power of elevating to the fchief magistracy whoever they should choose. But was it an evidence of the merit of Robespierre and the other tyrants who successively held the supreme power, that they were raised to it by a majority of the people, while their country was con- verted into one great aceldema, on v/hich the blood of her slaughtered citizens incessantly flowed. The people of that devoted republic were made to believe that the.-e tyrants were friends to republican li- berty ; but had to atone for their credulity and folly, with the sacrifice of fifty of their heads on each day, for about two years.
Did the success of Aaron Burr in obtaining votes for the Presi- dency, furnish evidpuce of his merit and qualifications ? But the talents of Aaron Burr were transcendantly superior to Andrev>^ Jack- son's ; >vhile he was much less profligate in his manners, and despofic in his disposition.
Demagogues have always been ready to sanction their vices and impositions, by the suffrages of the people, when they have no other resource for their popularity.
The result of the late Presidential election has furnished the ad\'o-
oates of Andrew Jackson with arguments in his defence, which they could have derived from no other source ; and on which they appear exultmgly to confide. It is admitted that he had a plurahty of electo- ral votes over Mr. Adams ; but as there was not a majority of votes for him, the votes given by the advocates of Mr, Clay could have had no operation in putting at rest the Presidential question, unless they had been given to either Jackson or Adams. TIiq members of Co i- gress on whom the election devolved, in making their selection, were not bound by the electorcd votes which had been given for Jackson. The provision in the Constitution for the election of a President by the members of Congress, when there shall be no choice by the elec- tors, constitutes another and an independent board of electors ; and it becomes the duty of this board to act independently of all other in- fluence, than that of the obligation impo"sed on them by the Constitu- tion. Yet it appears that an attempt was made by the Legislature of Ker.tucky, to influence their members in Congress, to disregard this obligatioR, by passing a vote declaring that next to Mr. Clay, General Jackson was the choice of the people of Kentucky, and requesting w their representatives t6 vote for him ; although the members of that Legislature must have well known, that neither the Constitution, nor any principle of wise policy, could sanction such a measure. As well might they have passed a vote, declaring what candidate was the choice of the people, and requestmg the electors to give him their votes.
The advocates of Gen. Jackson would contend, that the votes of the electors in those stat* s, when there was a plurality of votes over IMr. Adams, have furnished competent evidence that a majority of the freemen in those states were opposed to his election ; ' and that the members of congress from the same states^ were therefore bound, in deference to the wishes of their constituents, and by the spirit, though net by the letter of the constitution, to have withholden their votes tVora Mr. Adams, and to have given them to Andrew Jackson. This po- sition cannot be admitted. The members of ''ongress, who voted for Mr. Adams, furnished evidence of the same nature and degree of com- petency and constitutionality, that a majority of the freemen of those states were in favor of the election of Mr. Adams. In either instance, the people had no other agency in choosing a president, but in giving their votes for electors, and for members of congress. They had, therefore, to confide m the wisdom and discretion of those to whom they had delegated that power. It is not only difficult, but it may even be impossible, to ascertain whether the electors or members of con- gress, v\ill always make a choice, which is conformable to the wishes of a majority of the freemen.
It will be recollected that the freemen, individually, have heretofore had no agency even in choosing the electors of the President; the le- gislature of the several states, having generally exercised the right of choosing them, this renders it more uncertain whether the views of the electors respecting the candidate for the presidency, will -Jways coincide with that ol their constituents ; for if the candidates for the state legislatures do not succeed in deceiving their constituents, res-
[ ^1 •]
pecting thoir political views, they may betray their conlidence in the choice of electors. It is obvious, then, that the members of con- gress, who are chosen by the immediate act of the people, are more likely to know and to act according to the will of the freemen, than electors, of whose pohtical views they might have no knowledge, ex^ cept through the intervention of their representatives. Those mem- bers of congress, who next to Mr. Clay, preferred Adams to Jackson, might also easily have believed, from the extraordinary interest, and desperate efforts, to effect his election, that his advocates had resor- ted to improper and unwarrantable measures to obtain for liim a plu- rality of votes over Mr. Adams.
It is demonstrable by referring to facts relating to the election of Mr. Adams, that he is not only constitutionally, president, but that he had a greater popular vote than any of his competitors. The public mind has been misled on this subject. By referring to the following table, the result of the late presidential election will be found not only conformable to the letter of the constitution, but to the spirit of our democracy.
L o2 j
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In soiit* of the states it will be observed that the electors were chosen by the legislatures. The popular votes, therefore, in those states is computed from an ascertained ratio of the actual votes, with the number of voters, in the other states ; — they arc distributed according to the proportion of electoral votes for each of the candidates. Thus in Vermont, where Adams had all the votes in the electoral coUesfe, we have eiven him the whole niim
fc >
f 33 5
ber of popular votes, in New-York, they are divided according ta the electoral votes each received ; ^nd in South-Carolina, where Jackson received all the electoral votes, he is allowed all the pop- ular votes. The result thus stated, shews that although Mr. Ad- ams received 166112 votes of the people, he had but 84 votes in the electoral colleges ; while Gen. Jackson, with only 153733 popular votes, received the votes of 99 electors. If the elector- al votes had been in accordance with the votes of the people, Mr. Adams would have had more than Jackson. Our opponents com- plain that Maryland and Illinois, in congress, voted for Mr. Ad- ams. Let us examine, from the data furnished, whether this was not exactly as the people wished. In Maryland, as the table shews, Mr. Adams had 14632, and Gen. Jaclr.son 14623 popular votes. Now, upon pure democratic principles. Mr. Adams ought to h»ve got all the electoral votes of that state,* and if the electors had been chosen as in Pennsylvania, by a general ticket, he would have had them But in the division of districts, it happened that Gen. Jackson, with a less number of popular votes, obtained 7 electoral votes. If Mr. Adams had obtained them, the result would have been 92 each. In Illinois, also, Mr. Adams had 1541, and Gen. Jackson only 1272 votes of the people. — Upon the same principle, Adams therefore ought to have had the electoral votes of that state ; yet Jackson got two, and he only one. If we take those two from the general, and add them to Mr. Adams, it would then stand thus — Adams 94 — Jackson 90.
There is another fact which appears from this table, that ought not to be overlooked. In the southern states, where Gen. Jack- son had his majorities, the slave population is represented in the proportion oi Jive to three whites. Electors were chosen accord- ingly. Five slaves, therefore, had as much political power as three free whites, in the eastern or middle states. It is evident, there- fore, that Mr. Adams had in truth a very large plurality of the free^ voters of the United State.?. The subjoined table will illustrate this argument,—
E
(34 J
if-
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From the above table it will appear that from the slave holding states, Jackson received 44 and Adams but 4 electoral votes The senatorial representation is not taken into account, as it would not effect the calculation either way. It will, also, appear that of pure slave votes, Jackson received nearly 1 1 and Adams 1 only. Now take the result as we have shewn it would have been if Mary- land and Illinois had gone entire for Mr. Adams, according to the popular vote, viz. : 94 for Adams and 90 for Jackson. Extinguish the c>lave vote altogether, which would subtract, in whole numbers, ten from Jackson and one from Adams. It would then stand — Adams 93 and Jackson 80 only. — Thus in every point of view, it is clear, if the voice of the greater number is to be an indication, that Adams was the choice of the free people of the United States. mirtttie rmtvri argument of hig opponents fa^ls to the ground.
135 ]
Notwithstanding the election of Mr. Adams has been made, not on-* ly according to the letter, but the spirit of the constitution, yet it seems to have furnished to his opponents a source of the most bitter invec- tives ; that because when Gen. Jackson had obtained a plurality of electoral votes over him, he should consent to be elected ; and that because after he was elected, he appointed Mr. Clay, (who may be ranked among our most able and illustrious statesmen,) secretary of state; they would impose on the understanding of our citizens, by urging, that fhese circumstancr.s have furnished evidence of his having been guilty of making a corrupt political bargain with Mr. Clay, to obtain his election ; and of disregarding the principles of the constitution ! To such immeasurable degrees of folly and insanity ai'e the victims of an unjust and disappointed ambition impelled.
They would have the people believe too, that Andrew Jackson's plurality of electoral votes over Mr. Adams, furnishes competent ev- idence of his popularity ; and that popularity thus acquired, is an at- testation of that merit which should command their confidence ; al- though it has been proved from the whole history of the civil state, that votes may be procured, by the arts of intrigue, by bribery, by falsehood, and by every species of imposition ; and although great and petty tyrants, and pimping demagogues, have, under the same specious pretence of merit, been elevated to importance and to pow- er. In the mist of this political delusion, they would conceal the de- formity of a charat^ter which would blacken the pages of our history, and enstamp on its fortunes, disgrace, disorder, and ruin.
If we would preserve the purity of elections to important offices, we must be governed by truth and reason, more than by sounds. If a candidate, whoever he may be, has obtained more votes than he mer- ited, instead of furnishing evidence of his popularity, it only proves that the people have been deceived. The question for a wise people to investigate, in relation to the election of a president, is not whether this or that candidate may obtain the most votes ; but who is qualified to discharge the duties of the office so as best to promote the public good. If local prejudices, personal interests, and geographical dis- crimination, have a predominant influence in the election of that officer, we cannot with confidence calculate on the tranquil enjoyment, or the perpetuity of our union.
At no period of our national existence, has any political event exci- ted so extraordinary an interest in the public mind, as that of the nomination of Andrew Jackson to the Presidency.
The condition of the United States presents to the world the mag- nificent spectacle, of a people who have, as it were, but just snatched their liberties from the ruins of empire, amidst the thunder of contend- ing nations, and are making the last effort to secure for it the triumphs of an immortal existence. History, the monumental record of nation- al decline and ruin, exliibits to our view the causes of republican de- generacy, in characters legible as the sunbeams, and which cannot be mistaken ; and it points us to their commencement, at that period when their chief executive power has been committed to men of des- potic wills, lawless ambition, profligate manners, and desperate cour- ase.
I :3ti j
ro extricate ourselves from the evils of a hereditary monarchv- which might impose on us in the line of descent, a weak or un- principled despot, the blood and treasures of our illustrious an- cestors have been expended ; but are those evils more tolerable, or less to be depricated, when by our free suffrages we inflict them on ourselves ? Does the right of suffrage give impunity to the errors or vices of freemen ? If the rights of the people are to be invaded with impunity ; if our liberties are to perish in the ad- ministration of a military despot ; is it a privilege of which free- men should boast, and in which they ought to exult, that they have the right of choosing the men who are to be the instruments of their ruin ? It is a truth which cannot be concealed from an impartial world, that the history of the British monarchy, for the last three hundred years, has not recorded a character among those who have inherited the sovereign power, so despotic in his principles, or abandoned to his vices, as that man, whom the peo- ple are invited to elevate to the chief magistracy.
Had we the misfortune to have lived under an hereditary monar- chy, and the Great Disposer of human events, should, in his wrath, have imposed on us such a sovereign as Andrew Jackson, in the line of descent, it would have been considered a national calami- ty. No faction would then be created, to conceal his vices and liis errors, by the proclamation of his popularity ; and as he would have depended on no one for his elevation, none could calculate on his patronage. But the case is otherwise ; we live in a free republic, and the people are not doomed, by their constitution, to consign their liberties to the administration of an unprincipled ty- rant. And unless they suffer themselves to be deceived, through inattention to the characters of the different candidates, it is be^ lieved they will not do it.
The question respecting a presidential election, should not be affected by geographical discriminations or sectional interests. Whatever may be the views of aspiring partizans, attached to different candidates, it is believed the great mass of our popula- tion would discard the little policy of any chief magistrate, which should tend to encourage the pursuits of one part of the common- wealth at the expense of the other. There may be individuals influenced in their political conduct by local attachments, and prejudices, and interests ; yet it is hoped the major part of our citizens will never disregard the vast importance of an inviolable and perpetual union of the states, which never can be maintained by any other than a policy both equal and just in its operation.
It is of no consequence to the people whether the President is a native citizen of the northern or southern section of the United States, or from what stock of ancestors he has descended ; Dcitlier is it of importance to know whether he has heretofore approved or opposed certain measures of the administration, contrary to the views of other eminent statesmen ; the wisdom of political measures cannot always be attested, but by a long course of ex- periejice ; the great question which should decide the choice of
liiat olUcer, relates entirely to his charaGteT. If lie has proved to the people by his general deportment that he is governed by the principles of a pure morality ; and that by his pubhc conduct he has evinced a sacred regard to the laws and constitution of his country ; and a capacity equal, if not superior to any other indi- vidual ; every motive which should influence the choice of a wise people, urge them to re-elect the man who possesses such qualifi- cations.
It is not necessary to adduce evidence that such is the charac- ler of John Quincy Adams. The proofs are already before the world, and cannot be discredited. For nearly forty years he has stood the landmark of his country's wisdom, " a mental Pyramid," whose base the storms of faction and passion could not move. And it will not be forgotten, that unwearied and desperate as have been the efforts of his opponents, they have not been able to con- firm against him a single charge either of incapacity or derilection of duty ; or to trace to the source of his administration any one political evil or misfortune. And yet we are insultingly told that the public good requires that the office which he holds should be fill- ed by Andrew Jackson ; a man who has been proved before the pub- lic to have committed more errors, and vices, and crimes, than any other man in the United States, whose character has gained equal publicity. A man who in private life, has exhibited the deformity and the danger of the human disposition when uninflu- enced by either moral or legal restraints. Who from his early youth has been habitually engaged in petty and degrading quarrels, which under the delusive guise of chivalric honor, he has avenged by violence on the lives of his fellow citizens ; a man of so dan- gerous a disposition that Col. Benton declared he dared not risque his life in the same state with him, and for that reason removed out of it ; who caused the lives of two men to be taken contrary to the sentence of a court martial instituted by him for the ex- press purpose of their trial ; a man, who, against both the letter and the spirit of the constitution, undertook to administer martial law over the civil rights of the people, who were not subject to his authority ; and under color of that law, attempted to break down the liberty of the press ; suspend the judicial and legislative pow- ers of the government ; and in violation of the law of nations as well as of the United States, arrested and imprisoned the French consul, and banished all the French citizens resident at New Or- leans, and who were alien friends, to a place one hundred and twenty miles distant from their homes. And who, because Lauil- lier, a member of the legislature, and a respectable and worthy citizen, published in a newspaper some appropriate strictures on his illegal conduct, ordered him arrested and put on trial, as for a capital offence, by a court martial ; and when that court acquitted him, disapproved of the sentence, and would not discharg-e him from imprisonment ; who imprisoned a Jud^e of the United'states Court for issuing a writ of habeas corpus for the release of Lauillier, and treated the process of the wTit with contempt ; who
[on j
arrested and imprisoned Mr. Dick for procuring a writ for the re- lease of the judge ; who caused two hundred of the militia of his own state to be ignominiously punished, six of them with death, acrainst the positive law of the land, and under circumstances shocking to humanity ; who under the false pretence of public danger, after the enemies of our country had b( en vanquished and left our shores, subjected to the penalties of martial law three hundred of our own citizens, not one of whom were amenable for the violation of any law, or usage, or article of war ! ! ! who has wa^ed war against a neutral power in violation of positive instruc- tions ; who has openly directed the officers under his command, to disobey the orders of the president of the United States ; and finally, because the national senate presumed to inquire into his outrageous and disgraceful conduct, threatened to enter into their chamber and cut off their ears ; and was prevented from carrying his threat into execution, only by the patriotism and cou- rage of Decater! ! ! In ihe name of human and divine wisdom, is such a man in the character of a chief magistrate, to be imposed on the people of this enlightened and virtuous republic in the pre- sent ao-e of the world I If he is. then indeed it may be said of us that political delusion has triumphed over reason and truth. Well then might we exclaim, whither has fled that stern integrity, that firm and disinterested patriotism that once scorned to win a short lived popularity at the expense of our immortal glory ; well then may our once happy country, destined by heaven as we had fondly hoped, to illustrate the splendid achievem.ents of her heroes, and the wisdom of her sages in the example of her sons, be described in the opprobrious language of the Poet,
Unpris'd are her sons 'till they learn to betray, Undisting-uish'd they live f they shame not their sires And the torch that would light tiiem to dignity's way Must be caught from the pile where their country expires.
If our republic is to be saved from the disgrace and ruin with which it is threatened, you must be persuaded, my fellow citizens, bv the veneration which you owe to the constitution achieved by valor and cemented by the purest blood of patriotism ; by your reverence for the holy relics of the heroes, the sages, and mar- tyrs of our history ; by your attachment to the laws, and your veneration for that Eternal Power on \diose divine commandments they are founded ; and as in the presence of your God, and under that awful influence imposed by the late of unborn millions of posterity ; to oppose by all lawful means, the election of Andrew Jackson to the Presidency.
A volume could not contain a description of the various and fatal evils we might expect would inevitably result from an admi- nistration over which he should preside. If our republic must fall, as it probably would, and that very soon, if committed to the administration of that man and his political advocates, it is hoped our honest and intelligent citizens will cling to it while it has life
r
ill it, and even longer than there is hope ; let. them be auxiliary to its virtues ; and if death must be its fate, let them exhaust the last power of mtellect, that they may protract its dying nature, and from its expiring convulsions snatch the spirit of'liberty, and' render its reign on earth immortal.
• The assertion which is too often made that there is no difference in the moral characters of men is absurd and dangerous. Al- though it should be admitted, that all men are equally actuated by motives of personal interest, yet universal observation proves, that tne conduct of men in pursuit of the same object, is widely different. . While one scrupulously resolves to make his interest coincide with his duty to his fellow citizens and his country, we see others in pursuit of the same object, obviously disregard every obligation imposed by either moral or legal restraints.
The world has been ransacked in vain to find causes of accusa-. tion against the public or private character of President Adams, and because his enemies can find none, they pronounce him a cunning, designing man, and {hypocrite. But when Andrew Jackson has without shame, and apparently without remorse, vio- lated the sacred obligations which should "bind together society, and rendered hii)*self a dangerous man even in private life, and under the color of a httle brief mihtary power, set at defiance every principle on which the superstructure of our republic is founded, and violated even the laws of humanity, \yhich should distinguish the civil from the savage state ; he is pronounced by his political advocates the more honest man, and most worthy of the chief magistracy. But whatever may be the success, attendin<T the impositions of a desperate faction, it cannot change the etei° nal laws which discriminate between the characters of men. There is a difference between virtue and vice, between wisdom and folly ; there are such qualities as patriotism, as the love of honour, of truth, of justice and humanity, which mark the con- duct of different men and distinguish their characters. Whoever shall attempt to ascribe corrupt motives to conduct in itself praise- worthy, and morality to mere human contrivance and pc htical skill, would undermine the foundation of all virtue and subvert the order, the peace, and safety of society ; as well may they justify the commission of every crime, and the practice of every vice, by ascribing to its author motives of benevolence, patriotism and philanthropy.
But such are some of the absurd pretensions, by which the op- posers of President Adams and his administration, would impose on the credulity of honest freemen. While they would ascribe the most important political conduct of his life which have con- ferred upon him the fame of an illustrious statesman and pure patriot, to the arts of hypocrisy, they are willing to ascribe to Andrew Jackson motives of zeal for the public good, in justifica- tion of the most flagrant and wanton violations of law, justice and humanity.
They first hoped to gain the confidence of the people in their
positive denials of the charges against him ; but when their truth was demonstrated before the public, by the records of his admi- nistration, and the testimony of living witnesses, they attempted to justify his conduct from the exigencies of public danger ; and when it is proved by comparing even his own declaration with the dates of events, that such exigencies did not exist at the time, when under this delusive pretence, he was treating with contempt the vital principles of the constitution, and inflicting the punish- ment of ignominy and death on our own citizens ; excited by the insanity of party zeal, they are ready to ascribe all his errors and his vices to the ardency of his patriotism. Such are the absurdi- ties to which men would resort in the madness of their ambition. But those who had the presumption to place his name on the list of candidates for the Presidency, could never believe that the in- telligent freemen of the United States, unless under the influence of gross imposition, would ever elevate to the supreme magistracy, a man, whose only passport to power was his despotic will, his courage and his sword.
APPENDIX.
The reasons stated by General Jackson for proposing to tli©- legislature to suspend the writ of Habeas Corpus, and afterwards for the proclamation of martial law, were, that intimation had been privately given, that some disaffected persons were to be found in New Orleans.
That there was any danger to be apprehended from such per- sons there has been no proof exhibited to the public. On Gen. Jackson's arrival at New Orleans, the whole population of that place -devoted itself to the defence of the country : a levy en mass was effected. Even the old men organized themselves into companies, and the ladies employed themselves in making clothes for the militia.*
But take the testimony of Gen. Jackson himself. In his letter to the Mayor of New Orleans, dated January 27, 1815, he says, ** I pray you, sir, to communicate to your respectable city, the ex- alted sense I entertain of their patriotism, love of order, and at- tachment to the principles of our excellent constitution. Seldom in any community has so much cause been given for deserved praise. While the young were in the field and arresting the pro- gress of the foe, the aged watched over the city, and preserved its internal peace ; and even the softer sex encouraged their husbands and brothers, to remain at the post of danger and duty."
This letter, it will be noticed, was written nineteen days after the celebrated victory, and when General Jackson must have had all the evidence of the dangerous disposition of the citizens of New Orleans that he ever could expect.
*' AH the inhabitants of Louisiana vied in zeal for the service of their colmtry, and strained every nerve to repulse the enemy."
Neither has there been any evidence before the public that there was a traitorous disposition in the legislature, which could justify General Jackson in suspending the legislative authorities.
It is said that General Jackson received a suggestion that there was a panic among the members of the legislature, and a thought entertained by them of a capitulation.! This imputation the whole of the legislature have always solemnly denied. And their conduct gives no color to such a charge.
On the arrival of General Jackson at New Orleans, the legisla- ture voted $65,000 for new fortifications, and put $6000 in the
* Sec 17th page.
f Latour's Historical Memoirs of the War in West Florida and Louisiana.
F
[42]
hands of Commodore Patterson for the purpose of hiring additional seamen.
General Jackson, however, sent an aid to the city with orders to the Governor to institute a Mrict inquiry into this matter ; and if it was true that the mi^mbers meditated such a thing, to blow them up into the air.* The aid, sent to the Governor, without such investigation, introduced an armed force into the halls of the legislature, and expelled the members .wit'h the point of the bayo- net,! and General Jackson sanctioned and approved the measure. He had previous to this proposed to the legislature to suspend the writ of Habeas Corpus ; and thus put the personal security of every man in the state except himself, beyond the reach of all protection or safeguard.!
The resolution of the legislature declining the adoption of so violent a measure, placed their relusal chiefly on the ground of the apprehension that it might chill the enthusiasm then prevail- ing— interrupt the excellent feeling then so general — and thus impede the preparations for defence. This w^as two weeks before any enemy was heard of in the neighborhood |
They had another ground which should have satisfied the Gen. They had no authority to suspend that writ. An authority which it is denied Congress has any legal power to exercise.
/'The legislature had continued to meet, notwithstanding their forcible expulsion from the HaH by armed men, arrd the establish- ment of military government in the city. Indeed the performance of their functions was necessary, for the purpose of voting assist- ance to the sick, wounded and destitute, among the militia."
A large number of the citizens in offering their services as vo- lunteer soldiers, desired to stipulate that they might not be sent away from the state ; to which General Jackson had returned a refusal of their ofler ; telling them that soldiers who entered the ranks must forget the habits of social life, and be willing to go wherever duty and danger called them. Such were the kind of troops he wanted and none other would he have." The citizens of Louisiana were much disappointed and surprised by this refusal. They desired to expose their lives in defence of New Orleans, but "were not willing to be sent to Florida, or against the Indians on distant campaigns, as regular enlisted soldiers, with a General who was known to regard his own view of the occasion for their farther service, as the only boundary to the extent of their tour of duty ; and to contemn the militia laws as affording only subjects for ill timed quibbles.
The refusal of the volunteers to subject themselves to be march- ed elsewhere as soldiers, and for an unlimited time, did not pre- Tent their active co-operation in the defence of Louisiana.
His biographer, General Eaton records ^ that during the whole of the Indian war, of 1813 and 1814, there was a perpetual effort
* Eaton's Life, 305- t Latour's Historical Memoirs,
t The Committee reported against the propoftttion on the 16th — the landiiig of tlTe British was on the 23rd.
[ 43 J
on the part of General Jackson, to compel the militia to serve longer than they were bound to do by the law. That those who persisted in and exercised their undeniable right: to return after a. faithful service to theij; families, were branded by him with the name of deserters.','* And that he caused a lieutenant, who had served his teem fully to its end, and was returning to his home, to be imprisoned, after having presented a pistol to the young man's breast and compelled him to choose between death and submis- sion. Such an effect had these tyrannical proceedings upon the gallant Tennesseeans, that no entreaties nor force could prevail on a regiment of the militia to remain even twenty days beyond the legai term of their service. t
After the victory of the 8th of January, and the enemy had left the country, the regulars, and chief part of the militia, accompa- nied him to the city ; a large portion of the Kentucky and Louisi- ana men were ordered to*" remain in the mud on the plantations. These militia were detained in their wet and sickly encampment long after all possibility of a new invasion had passed away ; not until the 13th of March were the Kentuckians allowed to leave the field. The unhealthiness of a constantly wet soil, caused them to contract pernicious fevers and dysenteries, which soon became epidemical. The effect of these disorders was speedily seen and terribly felt — in the space of one month five hundred of them were sacrificed in this unfeeling manner. The shocking mortality among the drafted militia, still without any apparent necessity, encamped on the wet soil of a plantation, excited much disconent. These regiments were composed in a great measure of French natives residents of New Orleans. | And their friends were particularly dissatisfied with what they considered this need- less and cruel exposure of their lives. The murmurs thus excited provoked General Jackson into a new measure of severity, in an order banishing all the French inhabitants to a distance of 120 miles, noticed in a preceding page. The class of people on whom this heavy sentence fell, comprised a large portion of the combati nts in the battles of the 23d of December and 8th of January. The gallantry with which they had behaved, had been emphatically declared by the General himself.§ If there was still danger of a renewed invasion — two weeks after the official news of the signing of peace — New Orleans was by this order to be deprived of an efficient portion of its defenders — if no further occasion for their services were apprehended, the prolonged de- tention of their compatriots in the pestilential fields was. without excuse, and a just cause of murmur.
These facts have been adduced to shoxv that the disaffection among the citizens of New Orleans, and the mutiiious disposition as he would term them, and which furnished his justification for
^Eaton'sLifCvp. 102 f Ibid, p. 119;
^ Owners of the soil, nien who Uad families anxiouslv coiicerued for their safetV', and whose happiness depended on their return. Katon p. 272. ^ In his address to the Mayor of New Orleans, January 2f, 1815.
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proclaiming martial law, and the abuses he practiced in the admi- nistration of it, originated from his despotic and unreasonable measures. And that whatever of an unfriendly disposition might be discoverable against him, in the cause in which he was engaged, among the members of the legislature, was attributable entirely to his usurpation, and unprecedented, and wanton interference with their civil rights by violence.
On the 2d of February, 1815, they passed a vote of thanks to the brave citizen soldiers,, the subaltern officers, and the Generals ; omitting all notice of General Jackson. Latour, 205. These resolutions were communicated by the Governor to Gei|erals . Thpmas, Adair, Carroll and Col. Hinds, of the Kentucky, Ten- nessee, and Mississippi militia.
The legislature did not act without provocation in this mark of disrespect. The insult they received in being violently expelled from their Hall, and the insinuations made against the patriotism of their citizens, in the General Orders declaring martial law — in- sinuations which no one else had uttered — which had been amply refuted by the good conduct of the whole population, and yet had not been withdrawn, seemed to them to require apology and ex- planation. They were displeased with the ill-timed introduction of the press gang system, when all were so willing to serve with- out being pressed. They thought such a severity calculated only to create the disaffection which they did not believe existed at the time of General Jackson's asserting it. They disapproved of the injustice of keeping their citizens of the drafted militia — the householders of New Orleans — still in a sickly camp, when the " more hardy regulars were allowed to lounge idly in the streets and taverns of New Orleans. They disliked also the crowning and other excessive honors paid to and accepted by General Jackson, to the exclusion of all others, as if he alone deserved praise, and the gallant Coffee, Adair, Carroll, &c. merited no compliment. They wished to show especially their sense of the merits of those officers and their troops, to whom there had been yet no honors or acknowledgments awarded."
It appears then that the disaffection of the legislature of Loui- siana was pointed against the character and conduct of General Jackson, and not against the war.
But aside from his administration of martial law at New Orleans, there are many other acts of his public life, ^v1lich evince equally his contempt of the laws as well as his want of either talents or knowledge as a civilians, or statesman.
"The history of his conduct in the forcible seizure of Florida, a neutral country, will show there was not the shadow of neces- sity for this violent attack upon a friendly power. But there arc some facts connected with this transaction, and the capture of Pensacola, which may explain the motives of his conduct. It was in evidence, before the Committee of the Senate, that in the fall of 1817, several gentlemen of Nashville, (among whom were
John Donnelsou, the nephew of the General, and John H. Eaton, his biographer,) formed a company, to speculate in lots and lands in Pensacoia. Mr. Donnelson, as their agent, went on, with authority to make purchases to an amount not exceeding ^ lb, 000, and succeeded to his wishes. Mr. Liaton, in his testimony, says, that his inducements to make this adventure, was, that he believed the country would ultimately belong to the United States."
It is a singular coincidence, considering the intimate relation between the parties, that the speculation is hardly secured by deed, until General Jackson advances with an American army — invades the country — seizes the forts — occupies Pensacoia — and then endeavors by influence and arguments, to induce his govern- ment so retain the conquest, at the expense of justice, right, and tranquillity. The people will judge how far the General was con- cerned in this adventure.
We will now examine some of the acts of Gen. Jackson as a civil magistrate, and we shall see that the same overbearing violence of temper, the same self-willed, despotic exercise of power, have been manifested m his public conduct. Upon the cession of Flo- rida to the United States, Gen Jackson was appointed governor of that territory. His own view of the arbitrary authority vested in him, appears from his letter to Captain Bell, dated August 13, 1821. In which he says, "I despatched an express on to you with sundry ordinances, which I found it necess9,ry to adopt for the better organization of the Floridas." The constitution of Spain, providing for the trial by jury in criminal cases, although never extended to the colonies, because the treaty ceding the Floridas was concluded before the constitution was adopted, &-c, in Spain." Here is a most extraordinary declaration from the republican Governor of a ceded territory, which-it was intended might hereafter become a member 5f our Union. The trial by jury, the freeman's dearest right, is not to be allowed, because the country was ceded, before Spaniards had obtained that priv> lege under the new constitution ; and the rights of the people were to be determined and regulated by the " ordinances" of the Governor — that is by the simple declaration of his will. Thus the condition of Florida was to be improved by substituting his will for the right of trial by jury, and we shall lind the Governor acted under this impression. In a former letter to Captain Bell, . he had said, " the Spanish laws and usage-* are in force :" his ordinances were to declare what the Spanish laws were, and afterwards in the letter last referred to, he adds, " The Judge (appointed by the President,) can exercise no other power, (ex- cept so far as relates to carrying into effect the acts extended over the Floridas,) unless specially given him by the President. Such instructions have not been given, and I doubt very much, whether the President could give them. There is no doubt that the person exercising the power of the Governor of East Florida, can exercise all the powers exercised under the King of Spain, at the time the country was ceded." This power we know was arbi-
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^rary and despotic. Spain had not reformed her constitution af. the time, and hence as the General argues, the pieople of Florida could not have ihe benefit of tJie trial by jury in criminal cases. This assumption of regal prerogative is left to the consideration of those who admire the republican princ pies of Gen. Jackson.
Let us proceed to his practical illustration of his powers By tliQ treaty of cession, all the archieves and documents relating to the " property and sovereignty of the country," were to be given up. The General undertook to interpret this, as including papers relative to private property ; and a complaint having been made that some such were in the possession i)f the late Spanisii Gover- nor Callava, an order was issued that he should deliver them forthwith. They were refused, and instead of sending a civil offi- cer with process, General .*ackson issued to Colonel Brooke the followmo military requisition : " You will furnish an officer, ser- geant, corporal, and twenty men, and direct the officer to call on me by half past eight o'clock for orders. They will have their arms and accoutrements complete, with twelve rounds of ammu- mti^^n." This was accordingly doiie, and Lieutenant Mountz, officer of the guard, " was directed to take Colonel Callava into custody, &c." They found him at his house on the bed, and he complained of being too ill to go with them ; but as Messrs. But- ler and Bronaugh reported to his excellency, " he seemed to act without much difficulty svhen the guard was ordered to prime and load," — the defenceless dignitary was thus dragged by military force before Governor Jackson, and finally committed to prison : in the mean time his house was entered by order ; boxes were broken open, and paper> taken out. But we have not given you the whole case. . Judcre Fromentin, who had been commissioned by the President, judicial o^cer of the territory, w^as applied to by the friends of Colonel Callava, for a habeas corpus. Suppos- ing that the country ceded to the United States, should share in some degree, the benignity of a free government, he allowed the writ. General Jackson whem informed of it directed Captain Wager to inform Mr. Fromentin that the prisoners would he kept confined until released by his orders ; and at the same time issued his precept to bring the Judge before him, to answer for having attempted to interfere with his authority, — overwhelmed by arbi- trary power, — brow beaten and insulted, the Judge was compelled to yield his official dignity and his personal independence.
/J'his was for having dared as the General says, to issue a habeas corpus. But to cap the climax of tyranny, the Spanish officers, President at Pensacola for many years, and owning large property,) were ordered by proclamation, dated 29th of Septem- ber, to leave thr country in four days,-' Their offence was the publication, in a newspaper, of a paragr^gh. questioning the ac- curacy of the interpreter^who b#d^ssisted:flt the examination of Colonel Callava ; and two of these gentlemen ventured to return in some sjiort time to look afler their affairs, and in pursuance of the Governor's order, were arrested and conlined in prison. For- tunately for them (as no habeas corpus could bring relief.") Gen.
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Jackson resigned, and the case having been communicated to the President, he at once directed their discharge, after a confinement of more than three months and a half. By this sketch of his a<iminis- tration in Florida, as a civil magistrate, his advocates cannot urge in his defence that he was mipelled by necessity, or the exigencies of" public danger, but by the same ungovernable disposition to make his own despotic will the rule of his actions, which has directed his con- duct in every situation wherein he has been entrusted with power.
It will be seen in the above statement, that his egregious blunder in the construction of the treaty of cession, by interpreting the archives and documents relating to the property or sovereignty of the country _^ as intending papers relative to private property, led him to those outrageous violations of the rights of Colonel Callava, Judge Fro mentin, and the Spanish officers.
His invasion of Florida v/as without authority, and in violation of the constitution, and the orders of the President. In the year 1818, some acts of violence were committed on the borders of Georgia by the Seminole Indians. General Jackson was ordered to make a re- quisition on the Governor of Teiuiessee for a militia force hi aid of the Georgia militia " already called out, for the purpose of restoring order, lie disobeyed the orders, preferring to raise volunteers to "whom he could appoint officers, and collected a force of 2500 men without authority, whom he organized by appointing officers, and then led them into Florida to captiire the Spanish posts.
The merits of this expedition into Florida became the subject ©f warm discussion in Congress ; and in each house a report was ma«Ie by a committee, censuring the General's proceedings. In the House of Representatives, the committee founded their censure on thejunine- cessary putting to death of the prisoners after the war was closed- — the irreaularity of their trial-^the unfairness of refusing them benefit of theyvidence they desired — the erroneous principles of national hiw advanced — and the execution of one against the opinion of the coijirt. In the Senate, the committee reported very much in detail, and in very strong terms of censure. '^ It is with regret the committee sptidj. they were compelled to declare, that General Jdckson has disregarded the positive orders of the department of war, the constitution, and the laws." '* Tfie committee find the melancholy fact before them, that at this early stage of the republic, military officers have, without the shadow of authority, raised an army of at least 2500 men, and mus- tered them into the service of the United States. Two hundred and thirty officers have been appointed, and their rank established, from an Indian brigadier-general, to the lowest subaltei'n of a company. To whom were these officers accountable for their conduct ? Not to the President of the United States. For it was not considered neces- sary even to furnish him with a list of their names ; and not until the pay was demanded, were the persons known to the department of war "
The session of Congress to which this committee reported, passed by without any decisive vote on the subject.
Nile's Register, Vol. XV. p. 305.
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The unfortunate dilemma in which the government was placed, bv General Jackson's illegal and disgraceful conduct, has been noticed in a preceding page.*
A detail of all the public acts of his life wliich would only add to the proofs already adduced, of his tyrannical and dangerous disposi- tion, or his profound ignorance of the construction and legal inter- pretation of the laws, might swell this short address to a large volume.
It cannot be possible that a man whose whole course of public conduct has been marked by violence, usurpation, and tyranny, will by the enlightened and virtuous freemen of the United States, be chosen, to preside over the destinies of the only free republic on the globe.
^ Seepage 15.
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