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"We have seen, with deep and sincere pain, the legislatures of respectable States instructing the senators of those States to vote for and support this violation of the journal of the Senate; and this pain is infinitely increased by our full belief, and entire conviction, that most, if not all these proceedings of States had their origin in promptings from Washington; that they have been urgently requested and insisted on, as being necessary to the accomplishment of the intended purpose; and that it is nothing else but the influence and power of the executive branch of this government which has brought the legislatures of so many of the free States of this Union to quit the sphere of their ordinary duties, for the purpose of co-operating to accomplish a measure, in our judgment, so unconstitutional, so derogatory to the character of the Senate, and marked with so broad an impression of compliance with power. But this resolution is to pass. We expect it. That cause, which has been powerful enough to influence so many State legislatures, will show itself powerful enough, especially with such aids, to secure the passage of the resolution here. We make up our minds to behold the spectacle which is to ensue. We collect ourselves to look on, in silence, while a scene is exhibited which if we did not regard it as a ruthless violation of a sacred instrument, would appear to us to be little elevated above the character of a contemptible farce. This scene we shall behold; and hundreds of American citizens, as many as may crowd into these lobbies and galleries, will behold it also: with what feelings I do not undertake to say."

Midnight was now approaching. The dense masses which filled every inch of room in the lobbies and the galleries, remained immovable. No one went out: no one could get in. The floor of the Senate was crammed with privileged persons, and it seemed that all Congress was there. Expectation, and determination to see the conclusion, was depicted upon every countenance. It was evident there was to be no adjournment until the vote should be taken – until the deed was done; and this aspect of invincible determination, had its effect upon the ranks of the opposition. They began to falter under a useless persistence, for they alone now did the speaking; and while Mr. Webster was yet reciting his protest, two senators from the opposite side, who had been best able to maintain their equanimity, came round to the author of this View, and said "This question has degenerated into a trial of nerves and muscles. It has become a question of physical endurance; and we see no use in wearing ourselves out to keep off for a few hours longer what has to come before we separate. We see that you are able and determined to carry your measure: so call the vote as soon as you please. We shall say no more." Mr. Webster concluded. No one rose. There was a pause, a dead silence, and an intense feeling. Presently the silence was invaded by the single word "question" – the parliamentary call for a vote – rising from the seats of different senators. One blank in the resolve remained to be filled – the date of its adoption. It was done. The acting president of the Senate, Mr. King, of Alabama, then directed the roll to be called. The yeas and nays had been previously ordered, and proceeded to be called by the secretary of the Senate, Mr. Asbury Dickens. Forty-three senators were present, answering: five absent. The yeas were:

"Messrs. Benton, Brown, Buchanan, Dana, Ewing of Illinois, Fulton, Grundy, Hubbard, King of Alabama, Linn, Morris, Nicholas, Niles, Page, Rives, Robinson, Ruggles, Sevier, Strange, Tallmadge, Tipton, Walker, Wall, Wright.

"Nays. – Messrs. Bayard, Black, Calhoun, Clay, Crittenden, Davis, Ewing of Ohio, Hendricks, Kent, Knight, Moore, Prentiss, Preston, Robbins, Southard, Swift, Tomlinson, Webster, White."

The passage of the resolution was announced from the chair. Mr. Benton rose, and said that nothing now remained but to execute the order of the Senate; which he moved be done forthwith. It was ordered accordingly. The Secretary thereupon produced the original manuscript journal of the Senate, and opening at the page which contained the condemnatory sentence of March 28th, 1834, proceeded in open Senate to draw a square of broad black lines around the sentence, and to write across its face in strong letters these words: "Expunged by order of the Senate, this 16th day of March, 1837." Up to this moment the crowd in the great circular gallery, looking down upon the Senate, though sullen and menacing in their looks, had made no manifestation of feeling; and it was doubtless not the intention of Mr. Webster to excite that manifestation when he referred to their numbers, and expressed his ignorance of the feeling with which they would see the deed done which he so much deprecated. Doubtless no one intended to excite that crowd, mainly composed, as of usual since the bank question began, of friends of that institution; but its appearance became such that Senator Linn, colleague of Senator Benton, Mr. George W. Jones, since senator from Iowa, and others sent out and brought in arms; other friends gathered about him; among them Mrs. Benton, who, remembering what had happened to General Jackson, and knowing that, after him, her husband was most obnoxious to the bank party, had her anxiety sufficiently excited to wish to be near him in this concluding scene of a seven years' contest with that great moneyed power. Things were in this state when the Secretary of the Senate began to perform the expunging process on the manuscript journal. Instantly a storm of hisses, groans, and vociferations arose from the left wing of the circular gallery, over the head of Senator Benton. The presiding officer promptly gave the order, which the rules prescribe in such cases, to clear the gallery. Mr. Benton opposed the order, saying:

"I hope the galleries will not be cleared, as many innocent persons will be excluded, who have been guilty of no violation of order. Let the ruffians who have made the disturbance alone be punished: let them be apprehended. I hope the sergeant-at-arms will be directed to enter the gallery, and seize the ruffians, ascertaining who they are in the best way he can. Let him apprehend them and bring them to the bar of the Senate. Let him seize the bank ruffians. I hope that they will not now be suffered to insult the Senate, as they did when it was under the power of the Bank of the United States, when ruffians, with arms upon them, insulted us with impunity. Let them be taken and brought to the bar of the Senate. Here is one just above me, that may easily be identified – the bank ruffians!"

Mr. Benton knew that he was the object of this outrage, and that the way to treat these subaltern wretches was to defy and seize them, and have them dragged as criminals to the bar of the Senate. They were congregated immediately over his head, and had evidently collected into that place. His motion was agreed to. The order to clear the galleries was revoked; the order to seize the disturbers was given, and immediately executed by the energetic sergeant-at-arms, Mr. John Shackford, and his assistants. The ringleader was seized, and brought to the bar. This sudden example intimidated the rest; and the expunging process was performed in quiet. The whole scene was impressive; but no part of it so much so as to see the great leaders who, for seven long years had warred upon General Jackson, and a thousand times pronounced him ruined, each rising in his place, with pain and reluctance, to confess themselves vanquished – to admit his power, and their weakness – and to exhale their griefs in unavailing reproaches, and impotent deprecations. It was a tribute to his invincibility which cast into the shade all the eulogiums of his friends. The gratification of General Jackson was extreme. He gave a grand dinner to the expungers (as they were called) and their wives; and being too weak to sit at the table, he only met the company, placed the "head-expunger" in his chair, and withdrew to his sick chamber. That expurgation! it was the "crowning mercy" of his civil, as New Orleans had been of his military, life!

CHAPTER CLXII.
THE SUPREME COURT – JUDGES AND OFFICERS

The death of Chief Justice Marshall had vacated that high office, and Roger B. Taney, Esq., was nominated to fill it. He still encountered opposition in the Senate; but only enough to show how much that opposition had declined since the time when he was rejected as Secretary of the Treasury. The vote against his confirmation was reduced to fifteen; namely: Messrs. Black of Mississippi; Calhoun, Clay, Crittenden; Ewing of Ohio; Leigh of Virginia; Mangum; Naudain of Delaware; Porter of Louisiana; Preston; Robbins of Rhode Island; Southard, Tomlinson, Webster, White of Tennessee.

Among the Justices of the Supreme Court, these changes took place from the commencement of this View to the end of General Jackson's administration: Smith Thompson, Esq., of New York, in 1823, in place of Brockholst Livingston, Esq., deceased; Robert Trimble, Esq., of Kentucky, in 1826, in place of Thomas Todd, deceased; John McLean, Esq., of Ohio, in 1829, in place of Robert Trimble, deceased; Henry Baldwin, Esq., of Pennsylvania, in 1830, in place of Bushrod Washington, deceased; James M. Wayne, Esq., of Georgia, in 1835, in place of William Johnson, deceased; Philip P. Barbour, Esq., of Virginia, in 1836, in place of Gabriel Duval, resigned.

In the same time, William Griffith, Esq. of New Jersey, was appointed Clerk, in 1826, in place of Elias B. Caldwell, deceased; and William Thomas Carroll, Esq., of the District of Columbia, was appointed, in 1827, in place William Griffith, deceased. Of the reporters of the decisions of the Supreme Court, Richard Peters, jr., Esq., of Pennsylvania, was appointed, in 1828, in place of Henry Wheaton; and Benjamin C. Howard, Esq., of Maryland, was appointed, in 1843, to succeed Mr. Peters, deceased.

The Marshals of the District, during the same period, were: Henry Ashton, of the District of Columbia, appointed, in 1831, in place of Tench Ringgold; Alexander Hunter, of the same District, in place of Henry Ashton; Robert Wallace, in 1848 in place of Alexander Hunter, deceased; Richard Wallach, in 1849, in place of Robert Wallace; and Jonah D. Hoover, in 1853, in place of Richard Wallach.

CHAPTER CLXIII.
FAREWELL ADDRESS OF PRESIDENT JACKSON – EXTRACT

Following the example of Washington, General Jackson issued a Farewell Address to the people of the United States, at his retiring from the presidency; and, like that of Washington, it was principally devoted to the danger of disunion, and to the preservation of harmony and good feeling between the different sections of the country. General Washington only had to contemplate the danger of disunion, as a possibility, and as an event of future contingency; General Jackson had to confront it as a present, actual, subsisting danger; and said:

"We behold systematic efforts publicly made to sow the seeds of discord between different parts of the United States, and to place party divisions directly upon geographical distinctions; to excite the South against the North, and the North against the South, and to force into the controversy the most delicate and exciting topics – topics upon which it is impossible that a large portion of the Union can ever speak without strong emotion. Appeals, too, are constantly made to sectional interests, in order to influence the election of the Chief Magistrate, as if it were desired that he should favor a particular quarter of the country, instead of fulfilling the duties of his station with impartial justice to all; and the possible dissolution of the Union has at length become an ordinary and familiar subject of discussion. Has the warning voice of Washington been forgotten? or have designs already been formed to sever the Union? Let it not be supposed that I impute to all of those who have taken an active part in these unwise and unprofitable discussions, a want of patriotism or of public virtue. The honorable feelings of State pride, and local attachments, find a place in the bosoms of the most enlightened and pure. But while such men are conscious of their own integrity and honesty of purpose, they ought never to forget that the citizens of other States are their political brethren; and that, however mistaken they may be in their views, the great body of them are equally honest and upright with themselves. Mutual suspicions and reproaches may in time create mutual hostility; and artful and designing men will always be found, who are ready to foment these fatal divisions, and to inflame the natural jealousies of different sections of the country! The history of the world is full of such examples, and especially the history of republics.

"What have you to gain by division and dissension? Delude not yourselves with the belief, that a breach, once made, may be afterwards repaired. If the Union is once severed, the line of separation will grow wider and wider; and the controversies which are now debated and settled in the halls of legislation, will then be tried in fields of battle, and determined by the sword. Neither should you deceive yourselves with the hope, that the first line of separation would be the permanent one, and that nothing but harmony and concord would be found in the new associations formed upon the dissolution of this Union. Local interests would still be found there, and unchastened ambition. And if the recollection of common dangers, in which the people of these United States stood side by side against the common foe – the memory of victories won by their united valor; the prosperity and happiness they have enjoyed under the present constitution; the proud name they bear as citizens of this great republic – if all these recollections and proofs of common interest are not strong enough to bind us together as one people, what tie will hold united the new divisions of empire, when these bonds have been broken and this Union dissevered? The first line of separation would not last for a single generation; new fragments would be torn off; new leaders would spring up; and this great and glorious republic would soon be broken into a multitude of petty States, without commerce, without credit; jealous of one another; armed for mutual aggressions; loaded with taxes to pay armies and leaders; seeking aid against each other from foreign powers; insulted and trampled upon by the nations of Europe; until, harassed with conflicts, and humbled and debased in spirit, they would be ready to submit to the absolute dominion of any military adventurer, and to surrender their liberty for the sake of repose. It is impossible to look on the consequences that would inevitably follow the destruction of this government, and not feel indignant when we hear cold calculations about the value of the Union, and have so constantly before us a line of conduct so well calculated to weaken its ties."

Nothing but the deepest conviction of an actual danger could have induced General Jackson, in this solemn manner, and with such pointed reference and obvious application, to have given this warning to his countrymen, at that last moment, when he was quitting office, and returning to his home to die. He was, indeed, firmly impressed with a sense of that danger – as much so as Mr. Madison was – and with the same "pain" of feeling, and presentiment of great calamities to our country. What has since taken place has shown that their apprehensions were not groundless – that the danger was deep-seated, and wide-spread; and the end not yet.

CHAPTER CLXIV.
CONCLUSION OF GENERAL JACKSON'S ADMINISTRATION

The enemies of popular representative government may suppose that they find something in this work to justify the reproach of faction and violence which they lavish upon such forms of government; but it will be by committing the mistake of overlooking the broad features of a picture to find a blemish in the detail – disregarding a statesman's life to find a misstep; and shutting their eyes upon the action of the people. The mistakes and errors of public men are fairly shown in this work; and that might seem to justify the reproach: but the action of the people is immediately seen to come in, to correct every error, and to show the capacity of the people for wise and virtuous government. It would be tedious to enumerate the instances of this conservative supervision, so continually exemplified in the course of this history; but some eminent cases stand out too prominently to be overlooked. The recharter of the Bank of the United States was a favorite measure with politicians; the people rejected it; and the wisdom of their conduct is now universally admitted. The distribution of land and money was a favorite measure with politicians; the people condemned it and no one of those engaged in these distributions ever attained the presidency. President Jackson, in his last annual message to Congress, and in direct reference to this conservative action of the people, declared "that all that had occurred during his administration was calculated to inspire him with increased confidence in the stability of our institutions." I make the same declaration, founded upon the same view of the conduct of the people – upon the observation of their conduct in trying circumstances; and their uniform discernment to see, and virtue and patriotism to do, whatever the honor and interest of the country required. The work is full of consolation and encouragement to popular government; and in that point of view it may be safely referred to by the friends of that form of government. I have written veraciously and of acts, not of motives. I have shown a persevering attack upon President Jackson on the part of three eminent public men during his whole administration; but have made no attribution of motives. But another historian has not been so forbearing – one to whose testimony there can be no objection, either on account of bias, judgment, or information; and who, writing under the responsibility of history, has indicated a motive in two of the assailants. Mr. Adams, in his history of the administration of Mr. Monroe, gives an account of the attempt in the two Houses of Congress in 1818, to censure General Jackson for his conduct in the Seminole war, and says: "Efforts were made in Congress to procure a vote censuring the conduct of General Jackson, whose fast increasing popularity had, in all probability, already excited the envy of politicians. Mr. Clay and Mr. Calhoun in particular favored this movement; but the President himself, and Mr. Adams, the Secretary of State, who had charge of the Spanish negotiation, warmly espoused the cause of the American commander." This fear of a rising popularity was not without reason. There were proposals to bring General Jackson forward for the presidency in 1816, and in 1820; to which he would not listen, on account of his friendship to Mr. Monroe. A refusal to enter the canvass at those periods, and for that reason, naturally threw him into it in 1824, when he would come into competition with those two gentlemen. Their opposition to him, therefore, dates back to the first term of Mr. Monroe's administration; that of Mr. Clay openly and responsibly; that of Mr. Calhoun secretly and deceptiously, as shown in the "Exposition." They were both of the same political party school with General Jackson; and it was probably his rising to the head of that party which threw them both out of it. Mr. Webster's opposition arose from his political relations, as belonging to the opposite school; and was always more moderate, and better guarded by decorum. He even appeared, sometimes, as the justifier and supporter of President Jackson's measures; as in the well-known instance of South Carolina nullification. Mr. Clay's efforts were limited to the overthrow of President Jackson; Mr. Calhoun's extended to the overthrow of the Union, and to the establishment of a southern confederacy of the slave States. The subsequent volume will have to pursue this subject.

This chapter ends the view of the administration of President Jackson, promised to him in his lifetime, constituting an entire work in itself, and covering one of the most eventful periods of American history – as trying to the virtue and intelligence of the American people as was the war of the revolution to their courage and patriotism.